The history of the Council of Trent is eight books : whereunto is prefixt a disourse containing historical reflexions on councils, and particularly on the conduct of the Council of Trent, proving that the Protestants are not oblig'd to submit thereto / written in French by Peter Jurieu ... ; and now done into English. Abrégé de l'histoire du Concile de Trente. English Jurieu, Pierre, 1637-1713. This text is an enriched version of the TCP digital transcription A46362 of text R12857 in the English Short Title Catalog (Wing J1203). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 1193 KB of XML-encoded text transcribed from 363 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A46362 Wing J1203 ESTC R12857 13312263 ocm 13312263 99003 2240850464

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 Early English books online. (EEBO-TCP ; phase 2, no. A46362) Transcribed from: (Early English Books Online ; image set 99003) Images scanned from microfilm: (Early English books, 1641-1700 ; 459:35) The history of the Council of Trent is eight books : whereunto is prefixt a disourse containing historical reflexions on councils, and particularly on the conduct of the Council of Trent, proving that the Protestants are not oblig'd to submit thereto / written in French by Peter Jurieu ... ; and now done into English. Abrégé de l'histoire du Concile de Trente. English Jurieu, Pierre, 1637-1713. cxx, 608 p. Printed by J. Heptinstall, for Edward Evets ..., and Henry Faithorne and John Kersey ..., London : 1684. Translation of Abrégé de l'histoire du concile de Trente. Pages 1xviii-1xx are tightly bound in filmed copy. Pages x1-1xxxi photographed from Union Theological Seminary Library, New York copy and inserted at end. Reproduction of original in Huntington Library. eng Council of Trent (1545-1563) eebo The history of the Council of Trent. In eight books. Whereunto is prefixt a disourse containing historical reflexions on councils, and particularly on Jurieu, Pierre, 1684 725 203680 45 0 0 0 0 52 768.12 F The rate of 768.12 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2009-06 Assigned for keying and markup 2009-07 Keyed and coded from ProQuest page images 2010-02 Sampled and proofread 2010-02 Text and markup reviewed and edited 2010-04 Batch review (QC) and XML conversion

THE COUNCIL of TRENT

The Representation of the Fathers assembled in the Council of Trent begun about the end of the year 1545. Concluded towards the end of 1563. under the Pontisicate of Paul III. Tulius III. Marcel II. Paul IV. and Pius IV. There were XXV . Sessions , in which were present VII . Cardinals , V. whereof were the Popes Legates , XVI . Ambassadours from Kings , Princes & Republicks , CCL . Patriarchs , Arch bishops , Bishops , — Abbots and Generals of Orders , All Divines and Doctours of the Civil and Canon Law .

THE HISTORY OF THE Council of TRENT .

In Eight Books .

Whereunto is prefixt A Discourse containing Historical Reflexions on Councils , and particularly on the Conduct of the Council of Trent , proving that the Protestants are not oblig'd to submit thereto .

Written in French by Peter Jurieu , Doctour and Professour of Divinity .

And now done into English .

LONDON , Printed by J. Heptinstall , for Edward Evets at the Green Dragon , and Henry Faithorne and John Kersey at the Rose in St. Paul's Church-Yard . MDCLXXXIV .

Historical Reflections ON COUNCILS ; And particularly on the Council of TRENT : PROVING That Protestants are not Obliged to submit thereto .

I Believe it will by all men readily be granted , that since the first appearance of Christianity , there hath not hapned an Affair of greater moment than was the separation of the Protestants from the Church of Rome , which fell out in the beginning of the last Century . It was a mighty rupture , that took whole States and Kingdoms from the Roman See . Schism is indeed one of the greatest mischiefs which can befall the Church ; it is an enemy to Charity , nay , ruinous to it : and since Charity is no less necessary to Salvation than Faith , Schism that destroys Charity is no less to be feared than Heresie that overthrows the Faith . In our present subject we find both Heresie and Schism . The mischief is great on either part . Those of the separation are Schismaticks , if they have not done it upon solid grounds . But if the Church from which they separate hath given occasion for such separation , and by her own errors made it absolutely necessary ; the guilt of the Schism falls then upon her . From hence arises a great contest , to know who it is that must one day answer before the Tribunal of God for this scandalous breach , that puts a stop to the progress of Chtistianity , sowing among Christians the seeds of variance and contention . The Roman Church pretends it to be a Cause already adjudged and determined : that famous Assembly the General Council of Trent , who could not err , having pronounced definitively upon it . By this Judgment , say they , men ought to abide : for there will else be no end of Controversie . Disputes should not be everlasting : but when the Judges have given their final Sentence , there can be no further proceeding . The Protestants are very far from thinking thus of the matter : they pretend a right to review the Cause ; they cry out against the incompetence of the Judge ; they complain of undue and irregular proceedings ; and will admit no other Decision of the truth and antiquity of their Religion than the Holy Scripture ; as for Tradition , Councils , and Schools , by which they are condemned , they look upon them as things doubtful , falsified , false , and apt to occasion illusion and error . This Controversie is most certainly of the greatest importance ; no less than eternal Salvation depends upon it ; so that it is the interest of all men to examine it to the bottom . It were a thing to be wished , that we might plead our cause before a disinteressed Judge : but it cannot be . For all the sincere and worthy persons of Europe have already taken part on one side or the other : and those that can still ballance between the two Religions , are too ill Christians to have the honour of being Judges in a Cause , which properly speaking is the Cause of God . But we entreat the Reader that at least for a few hours he will lay aside all manner of prepossession , that he may so make the better Judgment of the force of our Arguments . My intention is not to enter into the depth of this vast matter , for that were to descend to particulars , and to examine the right and wrong of every dispute . I will only shew that the Protestants are not to be blamed for refusing to submit to the Decisions of the Council of Trent , and that from reasons taken from the Council it self . I will prove that it is not from giddiness , nor from perverseness ; but from a just and solid resolution that they refuse to submit . For it seems reasonable , that giving the History of this Council , we do also give an account why we conceive our selves not obliged to receive it .

1. First reason of not owning the Council of Trent , because it is a Party in the Controversie . In the first place the Reformed decline the jurisdiction of this Council , as a Judge incompetent , because a Party . I easily foresee I shall be stop'd short here , and that it will be returned upon me , that the Churches being a Party , is the ordinary refuge of Hereticks . Had not the Arians as much right to tell the Council of Nice , you are a Party , and therefore can be no Judge in the Cause ? What! is not the Church obliged to maintain the rights of truth against Hereticks ; and shall this shadow of a pretence be able to deprive her of the power to Judge ? It is fit however that we be heard in the matter : to see if there be not a mighty difference between what we alledge for our selves , and what they are pleased to make the Hereticks say . The Church is certainly the prop and the pillar of truth , as St. Paul speaks ; that is , she is obliged to support it . But yet Hereticks must not for that reason look upon the Church as a Party , and reject her as unfit to judge of religious Controversies . For Legislators , and the Garrantees of Laws , cannot justly be considered as Parties , when they have no other interest in a matter in question , but the conservation of the Laws . Were it reasonable for a Murderer to harangue his Judges thus ; Gentlemen , you cannot be my Judges , you have an interest in the prosecution , inasmuch as you have forbidden to commit murder . It is an easie thing to foresee what Judgment you will give , thus prejudiced as you are by your own Principles and Maximes . I demand therefore a fair and equal trial by Judges wholly free from all prepossession . There could be nothing so senseless as such kind of talk : yet such would be that of Hereticks , who should reject the judgment of the Church in Contests of this kind . Had the Council of Trent been the Council of the Church , and without other interest than to defend the truth , we might have appealed from its Judgment had it determined of any thing contrary to truth , but we could not have refused to own it as a Council . But we affirm , that the Council of Trent is not a Council of the Church , but of the Pope , and of the Court of Rome , who are our determined Adversaries in the Controversie . It is against the Pope that the Protestants contend ; they dispute his quality of Vicar of Jesus Christ , of supreme Head of the Church , of infallible Judge of Controversies . By the dictates of common sense , there is nothing so unjust , as to establish him for Judge of a Cause , against whom the Suit is directly brought . But that the Council of Trent , was a Council of the Popes , not of the Church , is most apparent . For it was convened by him ; he presided in it ; it consisted only of persons who had taken an oath of fidelity to him , and were for the greater part his Pensioners . And indeed he was so much Master of the Assembly , that it acted nothing but as inspired or commanded by him . But it will be replied , that the Pope being the natural Head of the Church , and having the sole right of convening Councils , and presiding in them , he was not bound to lay aside his Character in favour of the Protestants who unjustly attaqued him . Were a King , whose Sovereign Power should by some persons be disputed , obliged to divest himself of his Royal Dignity , & submit it to the fantastick humours of men ? The misfortune is that we are always pester'd with similies that have no manner of similitude . A lawful Prince , whose rights are clear and indisputable , I confess , were not obliged to renounce his Royal State . But a King whose rights were doubtful , false , and contested by a Prince of the Royal blond , and by the greatest part of his Subjects , were obliged for the interests of peace to be content to sit down as a private person , and suffer a Judgment of the validity of his Title . Is the Pope a Sovereign , whose rights are unquestionable ? Is it acknowledged genenerally that he hath the sole right of convening Councils , and presiding in them ; without whose Authority no Act passed therein should be valid ? So far from it , that the greatest part of the Christian world denies it . It is not believed by the Eastern Church , nor by the Churches of the North and South , or of the Greeks , Ethiopians , Cophties , or Russians that their Councils are unlawful , because the Pope doth neither convene them , nor preside in them . The Protestants may be also reckoned for something , not for their number only , but chiefly for their reasons . For they bring a cloud of Witnesses to demonstrate that the right of convening Councils belongs to the Emperours , and that the Bishops of Rome have not always presided in them . The first Council of Nice was called by Constantine the Great ; and Alexander the then Bishop of Constantinople did preside in it . The second General Council was called by Theodosius at Constantinople , at which neither the Pope , nor any of his Legates were present : and therefore cannot be said to have presided therein . There is nothing farther from truth , R●pi . l. I. ch. ●5 . & 34. than what the Cardinal du Perron is pleased to affirm , that the first Council of Constantinople besought the Pope to confirm its Decrees . On the contrary , the Church of Rome opposed her self , in all that she was able , to what the Council had done . She disapproved the Election of Flavius , whom the Council had established in the See of Antioch , in the place of Meletius , who died at Constantinople while the Council sate . She favoured Paulinus , who had been elected Bishop by a party in the Church of Antioch , in separation from the rest . She could never relish the Canon of this Council , that ordains , That the Bishop of Constantinople should have the Prerogatives of honour next to the Bishop of Rome , because Constantinople was new Rome . And even in the time of Gregory I. L. Ind. 15. Ep. 131. which was in the beginning of the seventh Century , the Church of Rome was not as yet reconciled with this Council . For Gregory affirms that this Council was not acknowledged in the West . Yet after all the opposition of the Roman Church , it passes still for a lawful and General Council . To this I might add the third General Council assembled at Ephesus , the fourth at Calcedon , the fifth and sixth at Constantinople , all convened by the Emperours , and not by the Popes . I might add to all these , many other proofs of equal weight : but being fallen but by accident upon this Dispute , I have no intention to enlarge farther upon the proofs . Yet I cannot but take notice , that Pope Vigilius being at Constantinople in the year 553. when the fifth General Council was there held ; he would not assist in it , nor did preside therein , either in Person , or by his Legates : and yet the Council is received both for lawful and General . There is then already just cause to doubt , that the Pope hath such a right of convening Councils and presiding in them , as to render them unlawful if called or managed by others . But this is not all ; for a considerable part of the Roman Church it self hold this opinion to be most false , That the Pope hath the sole right of convening General Councils , and presiding in them . All the Gallican Church , and generally all that own the Councils of Constance and Basil ; that is to say , at least France and Germany are of this Judgment . The Council of Constance could not be convened by a lawful Pope , for it assembled it self at the solicitation of the Christian Princes , and by the authority of the College of Cardinals , for the deposing of three Popes who were then sitting ; the one at Rome , being Gregory XII . another at Bologna , being John XXIII . the third at Avignon , being Benedict XIII . Not one of these Popes could preside in this Council , being all thither cited , and there condemned as false Popes . The Cardinal of Cambray did preside in the third Session , Cardinal Vrsini in the fifth , John Bishop of Ostia Cardinal and Vice-Chancellour of the Roman Church presided in the seventh , and in all the rest , till the Election of Martin V. John XXIII . being deposed , and retired , the Council declared in the third Session , That by the departure of the Pope the Council was not dissolved , but did still continue in its full authority . In the Council of Basil , Pope Eugenius IV. could not possibly preside , for he was there condemned and deposed , and Amadeus Duke of Savoy elected in his stead . In the seventeenth Session the same Council declares , that during the absence of the Presidents , the first Prelate shall have the right of presiding without waiting for the Popes Commission . This one would imagine doth not seem to import , that a Council must be only under the direction of a Pope , or of those that are Commissioned by him . I am not Ignorant that the Decrees of the Councils both of Basil and of Constance are had in extreme horror by the Court of Rome . But I know also that that doth not hinder , but that the Gallican Church , and divers others do receive and approve them . And that suffices to shew , that the rights of the Pope were not so clear and uncontested but that for the sake of peace he might well remit them to be examined and setled by a free Council : and that by consequence , upon his refusing to do it , the Protestants have reason to consider as a Party and an Adversary in the Controversie , that Council that the Pope hath convened , wherein he presided , and over which he reigned with absolute Dominion . That the Church of Rome having once given Judgment upon the Controversie ; and an Appeal being brought , she could not proceed to a second Judgment .

But to evince more plainly this truth , That the Protestants have reason to consider the Council of Trent as their Adverse Party ; it is to be remarked that the matters in question were not novel , but for the greater part had been already decided either by Councils , or by Papal Constitutions , or by a Custom universally approved by the Roman Church . The second Council of Nice had decreed the adoration of Images . Transubstantiation , the Real Presence , adoration of the Sacrament , Auricular Confession , had been passed into Laws by Innocent III. in the fourth Council of Lateran , held in the year 1215. The Cup in the Sacrament was taken from the Laity by Decree of the Council of Constance , held in the year 1414. Purgatory , and the seven Sacraments , were made Articles of Faith by the Council of Florence in the years 1438 , and 1439. In a word , there was scarce any of the controverted Points that had not been decided . All that the Protestants did , amounted to no other , than an endeavour to be relieved from the hardships of Judgments already given . Truly and properly speaking , they were Appellants from the Decisions of the Roman Church to the Holy Scripture . How great was then the injustice , to set up that Church for Judge of a Cause against which she had already given Judgment , and from which Judgment the Protestants had appealed ? When there arise new and doubtful matters in a Church , there is no doubt but that Church hath a right to Judge of them , and to assemble her Councils to that end . For instance , in the time of Berengarius the dispute about the Real Presence was revived , which had lain buried in forgetfulness since Bertrand and Paschasius . The Church of Rome having not as then decided the matter , Berengarius had no reason but to hear the Judgment of the Church , having first done all in him , in order to the prevalence of truth . Had the Church decreed unjustly in the matter , he might then have refused to acquiesce in the Judgment : for that the Conscience cannot submit , but where it is fully convinced that the Decision is in conformity to the Word of God . But when a Church hath once pronounced upon a matter , and an Appeal be rightly made , she hath then certainly no power to give a second Sentence in the same Cause ; or if she doth , no consequence as of a new Condemnation can be justly drawn from it . Since therefore the Church of Rome , had already passed her Decree upon the Points in question , before the Council of Trent ; we must look upon her as a Judge become a Party , as having long before declared against the truth . But can it in conscience be thought , that the Prelates assembled at Trent came thither with intent to deliberate , whether the natural Body of Christ be in the Eucharist ? whether the Sacrament shall have the Worship of Latria ? Were they not resolved already , ere they came to Trent ? Came they not meerly to condemn the Lutherans , and not upon any inquisition after truth ? Had they not almost all an implacable hatred to the Protestants ? Did they not solicit Princes to destroy them with Fire and Sword ? And are these qualifications to be desired in Judges ? If it be asked , how then the Assembly should have been composed to have given content to the Protestants ? I answer , it should have been as the Lutherans of Germany desired it . The Bishops should have been absolved from their Oaths of fidelity to the Pope . The Council of Basil did it in a time when there was less need than when the Council of Trent sate . The Protestant Divines should have been called , the more moderate persons of each party should have been chosen , the Bishops should have been prevailed with to lay aside all passion and prejudice , the truth should have been sought with a sincere mind , and the Word of God been only consulted for it . The one might have hoped that persons so qualified , by such a conduct might have reached the truth .

But tho we should renounce all that I have yet said , tho we should own the Council of Trent for a lawful and natural Judge of our Controversies with the Roman Church , 2. Second cause of rejecting the Council of Trent , tho it were duly assembled , in could not be infallible . yet were we in no sort obliged to receive and comply with all her Decisions with an absolute resignation and a blind credulity : to which nothing can move one but the fond supposition of the infallibility of Councils . Not to descend to an Examen of the particular faults of the Council of Trent , it is impossible to persuade ones self that a Council , that is to say , an Assembly , in which there is no Prophet , nor any man inspired of the Holy Ghost , is not liable to err ; and for my part I very much question whether there be in the world any one person that seriously thinks so . I will admit that to have recourse to an infallible living Judge would be of high importance to the World . The Church of Rome strongly supports her self by the artifice of possessing the People with the belief of her infallibility .

But when it comes to be enquired where it is that this infallibility doth reside , one knows not where to find it . Some place it in the Pope alone , others in the Council alone , and a third sort in Pope and Council united . Those that place it in the Councils seem to have greater reason , than such as would fix it to the person of the Pope . For Councils are indeed the undoubted Judges of controversies in the Church : So that if there be any infallible Judge in the Church , it should be them . As it certainly is most probable that the wisdom of many in conjunction should be of greater prevalence and purity , than that of any single person . The Pope , whose Authority is meer Usurpation , cannot be an infallible Judge , nor hath God given to the Bishop of Rome any power to judge of controversies in the name of the Catholick Church . Yet after all that appears so much to favour the Councils , it must be confessed that the opinion that fixes the infallibility of the Roman Church upon the Pope , is much easier to defend , than that which ascribes it to the Council . For this latter opinion that makes Councils to be infallible is perhaps the most vain and empty Notion that was ever started . I pass the proofs brought from Scripture for each opinion : they are much of an equal weight . The Text , I have prayed for thee , that thy faith fail not , is as good a proof of the Popes infalliblility ; as is this , Where two or three are gathered together in my name , there am I in the midst of them , to prove that Councils are infallible . That General Councils came into the world but by accident .

But if we consult the light of reason and common sense , can any one endure to see infallibility ascribed to these Assemblies , that they call General Councils ; things which have either never been at all , or rarely , and by accident ? For as to Diocesan , Provincial , and National Councils , the pretence of infallibility reaches not to them . Let us then reflect a little , that these General Councils were not known in the Church till the conversion of the Roman Emperours . Constantine is the first of these Emperours . The Council of Nice , held in the year 325. is the first of these General Councils : that is to say , that for three hundred years together the Church had no such thing as an infallible Judge . Bellarmine says very well , that the Church having continued without General Councils for three hundred years , might as well have done so for three hundred more , or even for six , or for nine hundred . Or it may be it was because there was in those days no need of any Council , there were then either no Hereticks , or none that openly contended with the Church ; but a spirit of meekness and submission prevailed among all Believers . So far from it , that Satan did never sight against the truths of the Gospel , nor poison Christendom with more or greater Heresies , than in those times . The works of Tertullian , of Irenaeus , of St. Austin , and of many others of the Fathers , do sufficiently shew it . Let us know a little , where rested this infallible spirit during the three first Centuries ; if it be true that it is only to be found in General Councils ; there having been none during all that time . But the Church possibly was not then infallible . Could it be ever made out , that infallibility were one of the priviledges of the Church , it were much more tolerable to allow it to a See that hath been constantly supplied with an uninterrupted Succession of Bishops , as that of Rome : And it falls more readily under our apprehension of things , for the Holy Ghost so to inspire and guide some one particular person , than a numerous Assembly , whereof the greater part of the members that compose it are very often either counterfeit Christians , or men of restless and turbulent minds . I think it will not be unworthy of our remark , that these Assemblies , which they are pleased to entitle General Councils , have been but by accident introduced into the Church . It is the conversion of the Emperours that occasioned them . Let us suppose that the Roman Emperours had continued Pagan , as it was very possible ; there had been then no means of assembling the Clergy of the whole Christian world ; and consequently the Church had been always abandoned to a spirit of Error . The Pagan Emperours would never have suffered the Christians from all parts of the Empire , and of the world it self , to have met together in a body , and united in a Council ; they would have been jealous that the publick safety might have been endangered from such kind of Assemblies . It is therefore evident that the conversion of the Emperors gave occasion to them ; and for that reason , that they are but accidental things . But this will be yet more clear , if we farther suppose , what might also very well have hapned , that when the Roman Emperours became Converts to the faith of Christ , they had lost the greatest part of their Empire , and retained no more than Italy , or some less considerable Province . It is certain that in such case they could not have assembled the Clergy of the whole Christian World . For the neighbouring Princes at enmity with them , would never have permitted the Bishops subject to them to transport themselves into an enemies Country ; lest they might there be seduced to revolt and shake off the Dominion of their new Masters . From all which it is most apparent , that it was very possible that there might never have been any General Council known in the Church , and that what hath been is purely by accident . But such things as are ordained of God for preservation of the truth , cannot be said to have fallen out by accident . Besides , according to the order of Gods Providence in the Government of the Church , Councils were designed to judge infallibly of Controversies ; why hath it not pleased God to remove those obstructions that hindred the forming of these Councils under the Pagan Emperours ? For tho it is true that jealousie of State might have proved a powerful obstacle ; yet it is as true that as great difficulties have been surmounted . All time were not alike averse to Christianity . There have been among the Heathen Emperours some that were favourable to it : and what could not have been done at one time , might have been effected at another , nevertheless this design of a General Council came never into any mans head till Constantine . Was it ever known , for the first three hundred years together , that the Bishops had any intent of assembling from all parts of the World ? Or is it so much as read in any Author , that they complained for not being able to do it ? If it be true that these Assemblies are the unerring Guides of the Church , the Fathers of the three first Centuries could not be ignorant of it : if they knew it , it was a most supine and wretched negligence not to use their utmost efforts for the assembling these infallible Judges , to have put an end to the many differences that then disquieted the Church : or if they found it absolutely impossible for them to convene them , it is yet a strange insensibility never so much as to lament the affliction of such an incapacity . Tertullian in his Book de Prescriptionibus tells us all the several methods by him conceived most proper for convincing of Hereticks . What an astonishing thing is it , that he should not speak one word of doing it by General Councils , a way so sure , so ready , so infallible ! It must certainly be , that the Fathers never dreamt of these infallible Judges . I conclude therefore , that to deal sincerely one must needs confess , that the zeal of Constantine did alone occasion that Assembly that is called the first General Council , and by the Model of which the rest were formed . For the better determining a great Controversie he was desirous to convene as many Bishops as he could ; even all that were in the large extent of his vast Empire , that so their Decision might be the more solemn and efficacious . And this is the original of General Councils . The Christian Emperours called together the Bishops from all parts of the Roman Empire . That Empire was called , in the stile not of the Church only , but of the Apostles also , the whole world , and the Councils have taken from thence the name of General or Universal Councils . When the parts that made up this mighty Body the Empire came to separate , and to be formed into several distinct States & Kingdoms , the Bishop of Rome puts himself into the Emperors place ; and by pretending a spiritual power still retains those several States and Kingdoms in a spiritual jurisdiction to him , that were only at first obliged by the temporal power of the Emperours . By this means he continues to assemble the Bishops of those several States , and to term such Assembly a general Council . Let any discerning person judge , whether these Assemblies thus formed by accident , as is most apparent , can be vested with the priviledge of infallibility . There never were any Councils that could truly and properly be called General Councils .

But after all , it is a great abuse of words to give the name of Oecumenical or General Council to a Convention of two or three hundred Bishops out of five or six Nations . Euseb. de vita Constant . l. 4. c. 8. When the Roman Emperours became Christian , their Dominions did include the greatest part of Christendom ; but not the whole . There was in Persia a very great number of Churches , and those considerable ones , in whose favour Constantine wrote to Sapor King of Persia . Theod. l. 5. c. 33. Theodoret gives an account of the indiscreet zeal of one Audas , a Persian Bishop , who in the Reign of Isdigerdes burnt a Temple of the Persian God , which was Fire ; and by that ill managed zeal was the cause of a Persecution of thirty years continuance , by which an infinite number of Christians perished there by all manner of torments , Th. 〈…〉 The same Theodoret tells us , that in the time of Constantine , the Gospel was preached in India with success by Ae●… and Frumentius ; and among the Iberians by a captive woman . It is certain that these distant Churches sent not their Bishops to the Councils that were held in Countrys subject to the Roman Emperours . A Council that might deserve the name of General , ought at least to be composed of the Guides of the Church , of all the Learned , and of all those that have attentively studied the mysteries of Religion . There is no place in the world could hold such an Assembly , nor were it possible to deliberate in it . But , alas ! instead of the prodigious number of Guides and Pastors of the Catholick Church , a very few , and those almost all of the same Nation , are , it seems , enough to make a General Council . For it is certain , that the Provinces near the place where the Council is celebrated do supply it with more Bishops and Divines , than all the more remote Kingdoms put together : and yet this scrap of a Council must pass for the Universal Church , must be supposed to be acted by her Spirit , and endued with her infallibility : Than which there was never certainly a more vain imagination . Certain it is , that there hath as yet been nothing that can be truely stiled a General Council . The ancient Councils had the name of General for that they were in time generally owned by the Church . The second General Council consisted of but 150 Bishops , and those only of the Provinces neighbouring to Constantinople . The latter Councils are composed of yet sewer Nations : there are only a few Italians , Spaniards , French , and some Germans ; but neither the North , the South , the East , nor the greatest part of the West are concerned in them . I would very fain learn , why the Gallican Church should not be infallible , should she form an Assembly of a thousand Divines , as she easily may , and yet becomes infallible when joyned to Germans , Spaniards , and Italians ? It is a mystery beyond comprehension . It were fit to produce good proofs for the establishment of this infallibility of Councils ; or at least to shew they are in possession of it by a Series of examples without interruption . As for such proofs , they ought to be out of the Holy Scripture . But I shall not stand to examine or contest the proofs , for that were to enter into Theological disputes ; whereas we intend here no more than Historical Reflections : and such we cannot omit as we conceive will overthrow the infallibility of Councils .

That many General Councils , so called , have actually erred . Those that maintain the infallibility of these Assemblies , that they are pleased to stile General Councils , would do well to make out this Assertion of theirs from History . They will produce it may be five or six Councils , whose Canons are owned by the Christian World . But what if we on the other side produce twice as many , whose Canons are rejected by the greatest part of Christendom ? It were much to be wished that we had certain undoubted Characters for distinguishing of true from false Councils . For we see that such of them as have established errors , are the same in externals with those that have confirmed the truth . What difference is there between the most holy Council of Nice , which condemned Arianism , and the Council of Tyre and Jerusalem , which but ten years after , in the year 335. condemned St. Athanasius and the Doctrine of the Church ? It was the good Emperour Constantine that assembled both these Councils ; and that the latter was General appears by Eusebius , Euseb. l. 4. de vita Constant . who assures us that it was convened from all parts of the Empire , from Africk , Asia , Europe , and Egypt : it fate first in Tyre ; and was after removed by Constantine to Jerusalem , for the more solemn dedication of the Temple he had there built to the honour of our Saviour . In this Council Arianism so prevailed , that St. Athanasius was condemned , and banished by Constantine to Treves . What can be said of the Council of Antioch held concerning St. Athanasius in the year 340 , or 341 ? The holy Bishop was deposed in it , Socrates , Hist. l. 2. c. 7. George made Bishop of Alexandria in his room , the Christian Faith was corrupted by it , and a Creed conceived in different terms from the Nicene Creed . The word Consubstantial was left out , and other words were used instead of it , which the Arians pretended to be of the same signification . Why , was not this a General Council ? Was it not , as well as the preceding , convened from all parts of the Roman Empire ? Bellarmine confesses it was a General Council ; Tom. 2. l. 1. c. 6. de Conciliis . and it is clear that it was so esteemed , for that the 25 Canons made by it have been received , and are still reckoned among the Canons of the Universal Church . Distinct . 16. Can. 11. Gratian not only took it for a Lawful Council , but even thought it had been celebrated by the Orthodox . What shall we say of the Council of Sardica , Socrat. l. 2. lib. in the year 341 , the fourth General , upon the Cause of Arius ? Sozomen . l. 3. c. 10. There were present 376 Bishops ; some say that threescore and sixteen of them were Arians , Baronius Annal. Tom. 2. ann. num. 67. 347. and retired from the rest to hold a Convention by themselves in Thrace : but others on the contrary do affirm , that the whole Assembly was Orthodox . However there was at least three hundred of them Orthodox , that were met together from all Parts . The holy Confessour Hosius , Bishop of Cordoua , did preside in it : St. Athanasius was re-established in his See by it ; and the Nicene Creed was also by it explained according to truth . Nevertheless this very Council has not been able to obtain to pass for legitimate . St. Austin formally rejects it ; nor is it reckoned among the first six . De. Conciliis . l. 1. c 7. Bellarmine indeed so far favours it , as to account it among those that are in part rejected , and in part approved . If the Ancients had believed that General Councils were infallible , I cannot see why they should reject this , it having all the marks of Universality . Gratus Bishop of Carthage was present at it , with five and thirty African Bishops more ; and yet the African Church never received it : she took so little notice of it , that sixty or eighty years after , she had no manner of knowledge of its Canons : which appears by the History of the great Contest between the Church of Africk and the Bishops of Rome in the Affair of Pelagius upon the right of Appealls . Celestius a Pelagian , who had been condemned by the Councils of Africk , obtained of Pope Zosimus to be acquitted of all the Censures that had been given against him . The Africans opposed it , affirming , that the Canons permitted not that one accused of Heresie should be tried out of his own Province , or but by his own Synod ; and that the Bishop of Rome had no authority to receive the Appeals of such as stood condemned by the Bishops of Africk .

Zozimus produced a Canon , as of the Council of Nice , which permitted Appeals to Rome : Tho it was not really a Canon of that Council , but of the Council of Sardica . The Africans were surprized at it , and knew not on the sudden what to reply ; for in their Copies of the Canons of the Council of Nice there was no such Canon to be found ; so that not knowing from whence it might be taken , because they knew nothing of the Council of Sardica , or its Canons ; there was need of time to clear the mystery . The fifth General Council upon the Cause of Arius , was the Council of Milan , held about the year 354. Ruffinus plainly says , that many of the Orthodox fell into the snares of Heresie . Hist. l. 1. c. 20. And indeed the Bishops that held for Athanasius and the term Consubstantial were in fine banished by the Emperour Constantius . Could there be a more famous Council than was that of Ariminum in Italy ? There were present and assisting in it no fewer than six hundred Bishops , of which four hundred of the Eastern Church , and two hundred of the West . If we may believe Socrates , Hist. l. 2. c. 29. there was nothing done in this Council repugnant to the Faith of the Church . But he is not in this to be credited . He thought perhaps it would be a mighty service to the Church , to prevaricate in her behalf , and deny that this Great Council was of the number of those that favoured Arianism . But it is undeniable that this Synod sunk under the violence of the Emperour Constantius , and was over reached by the cunning and artifice of Vrsacius Bishop of Singidunum , and of Valens Bishop of Mursa . The testimony of Athanasius in the Book by him written concerning the Council of Ariminum puts the matter beyond all doubt ; especially when we consider the concurrent evidence of S. Austin in the fourteenth Chapter of his third Book against Maximin ; and of St. Hilary in his Book de Synodis adversus Arianos , where we find the Letters of Liberius Bishop of Rome to the Eastern Bishops , wherein he avers that the Fathers of the Council of Ariminum overcome by the Emperour , and by the cheats of Valence and Vrsacius , had pronounced contrary to the Faith of the Church ; but were again perfectly returned from their error , and had each of them pronounced Anathema against the Confession of Faith made by the Council of Ariminuw . We have thus already five General Councils that have erred about the same matter .

In the Cause of Eutiches , who confounded the two Natures of Christ , there were two General Councils assembled . The first was at Ephesus in the year 449. convened by Theodosius the younger , a Prince truly Catholick . All the Patriarchs were present at it ; Juvenal Patriarch of Jerusalem , Dioscorus of Alexandria , Domnus of Antioch , Flavian of Constantinople , and by his Legats Leo Bishop of Rome . Nothing was wanting to the Legality or Universality of this Council . For to say that this Council was Illegal , because not convened by the Pope , and that the Patriarch of Alexandria , and not the Popes Legates did preside therein , is a very vain Allegation , the weakness of which however in this place we are not concerned to shew . For we oppose not such as make the Pope Superiour to Councils , and all the Authority of Councils to depend upon the Popes Pleasure . We oppose such as make the Council Superiour to the Pope , and hold a Council to be nothing the less legal , or less infallible for not being under the Popes direction ; such as look upon the Councils of Constance and of Basil as most holy Councils , tho the Popes did not preside in them ; and such in fine as require us to submit to the Council of Trent upon its own Authority . This General Council of Ephesus , tho legally assembled , and according to the Canons , is notwithstanding a detestable Convention that justified the Heretick Eutiches , confirmed his Doctrine , and deposed Flavian Patriarch of Constantinople , a most holy and Orthodox person . About nineteen years , before there had been held another General Council at the same City of Ephesus , in the Cause of Nestorius , who affirmed there was to Persons in Christ . This Heresie was there condemned , and Truth triumphed . This certainly makes an essential difference between these two Councils ; tho otherwise there be none that I can see as to Form and Externals : unless that Error was victorious in the second Council with less scandal than truth overcame in the first . For it is true indeed that Dioscorus , President of the second Council of Ephesus , did with much facility cause the Heresie of Eutiches to prevail ; the Popes Legats , and some few others , having been only a little roughly treated : whilst in the first Council of Ephesus , which is the third received General Council , there was a horrible Schism occasioned by Cyril of Alexandria , and John of Antioch , who made Parties , and deposed each other . Socrat. l. 7. c. 33. Evagrius . l. 1. c. 4. The Emperour was forced to interpose in the matter , and to make use of his Authority to appease so dreadful a Sedition . It is apparent from all these Considerations , that tho the Council of Trent could be considered as a General Council , that would not bind us to believe it infallible , nor to submit blindly to its Decisions .

3. Third reason of rejecting the Council of Trent . That it is a Council of the Church of Rome , not of the Universal Church . But to leave these general Arguments , and come up closer to the Council of Trent : We say it is a Council of the Roman , not of the Catholick or Universal Church ; and that we can look on it as no other . So that were it true that Occumenical Councils were infallible , yet the Council of Trent , nor any of those held in the Church of Rome since the Schism of the Eastern and Western Churches , would have no right to pretend to this priviledg of Infallibility . The Schism of those two Churches fell out in the tenth Century , beginning indeed toward the end of the ninth ; since that time the Greek Church hath had no Communion with the Latin . It is true , there have been several attempts to re-unite them , but without success . So that the Greeks have had no Voice in the Latin Councils , nor the Latins in the Greek Councils , for six or seven hundred years . The Church of the Latins is not near half of the Christian Church : yet she will needs have it that hers are General Councils ; whilest the Councils of the Southern and Eastern Churches must pass forsooth but for little Consults or a sort of Conventicles . It is a prodigious temerity for a Church scarce more than a fourth of the Christian World to set up it self for the Universal Church , and to count the rest for nothing . All the Churches of the East , North , and South , the Greek Church , the Church of the Abyssins , who possess all Ethiopia , which is a large share of Africa , and the Church of the Russians , are , say they , Schismatical Assemblies ; they have broken the bands of Union with the Head which is the Pope , and are no longer worthy of the name of Churches : for there are no true Christians but those that are subject to the Holy See , which is the band of Unity . This indeed is an excellent Principle . According to this Hypothesis , all the Christians in the East , in the South , and in the North are condemned to everlasting Perdition . What can be imagined so cruel as this Tenet ? I cannot for my part believe that there is any reasonable Man of the Romish Communion that dares seriously affirm , that an innumerable multitude of Christians believing in Jesus Christ and receiving the Canons of the Ancient Councils , are yet in a state of Reprobation , only for not acknowledging the Papal Supremacy . I know very well that this Doctrine is taught : but I appeal to the Conscience of those that teach it , and am fully perswaded that they cannot but inwardly grant , that such Persons may be saved out of the Pope's Communion . And were but that Point as openly confessed as it is secretly owned , they must then be constrained to acknowledg that the Councils of the Church of Rome are no General Councils . For if the Greeks may be saved ; it is because the Church of which they are Members is a true Church ; since all Men acknowledg , that out of the Church there is no Salvation . If then the Greek Church be still a part of the true Church ; it must necessarily follow , that those Councils wherein she has no part , cannot be called General Councils , nor can have the priviledges of them .

4. Fourth Cause of Rejection . The Council of Trent was but a part even of the Latin Church . The nearer approaches we make to the Council of Trent , the more plainly we discover the imperfections that ruine its Authority with the Protestants . We have already seen , that this Council is their adverse Party in the Cause ; that granting it a General Council , it could not be infallible ; that yet it is not a General Council , for that three parts of the Christian Church have no part in it : it follows , that it is then at most but a Council of the Roman Church . But , alas , it is not so much as a General Council even of the Roman Church . It is a Council of Italy , and of the Italians : it is a Council of some sixty odd Bishops , whereof many were the Pope's Pensioners . This Council was assembled three several times : the first time under Paul III. the second time under Julius the 3d. the third time under Pius IV. In the two first , there were not above sixty Bishops present , almost all Spaniards or Italians . Where then is the Universality of a Council consisting of so few Persons ? Yet have these few adventured to decide the most important Matters . There were sixteen Sessions held , during the two first Convocations ; wherein were decided the Controversies of the Scripture , Tradition , Original Sin , Grace , Justification , Baptism , the Eucharist , Penance , Extream Vnction . Sixty Persons undertake to give Laws to all the Consciences of the Christian World , and in things not understood by them . They must needs be very blind , whose Faith can truckle to the Decisions of so small a number of Men , of so little Understanding . Paul the 4th . was very much in the right to say , as he often did , that it was great folly to send sixty trifling Bishops to the Mountains , and imagine that they must presently have the advantage of discerning the Truth , rather than the See of Rome , where there is always so great a number of excellent Persons who make the Study of Divinity the sole business of their Life . I must confess indeed that there were above two hundred Prelats present at the third Convocation of the Council . But how ? There came some fifteen or twenty from France , and not till about the end neither . There was yet a few more Spaniards . But no Germans , no Polonians , no Hungarians ; or if there were , it was so very few , as could never be thought to represent the Nations . For it was one of the Policies of the Court of Rome , not to permit to Vote by Nations , nor that the absent Bishops might Vote by Proxy , and that each Bishop spake only for himself . There might be about fifty or sixty or some few more French , Spanish , and German Bishops ; the rest were Italians , and that rest were three parts of four , for there was more than one hundred and fifty . Not the Lutherans only , but all Europe agreed in it , that the Council of Trent was purely an Italian , a Papal Council .

5. Fifth Reason to reject it . The hatred of the Council of Trent to the Protestants , If we regard the conduct of this Council , we find from thence another reason to reject it . Already we have taken notice with what heat and violence that Council acted against those over whom it pretended to be Judg. It hath frequently quitted the quality of Judge , to assume that of being the adverse Party ; and such a Party as cared not to exceed all the bounds of honour and good Faith . The Design of making odious the Doctrine of the Lutherans , was apparently the reigning Passion of the Council . For it countenanced the false extracts made of the Lutheran books ; and made Heresie of the most trivial matters : all the wild Opinions of Fanatique Sectaries were imputed to them . Nor was any difficulty made of open and manifest contradictions , in order to represent the Doctrine of the Protestants in hideous colours . Sometimes they were made Pelagians , denying Original Sin : sometimes of the Sect of the Manichees who denied Free Will. Yet is there nothing so wide and remote as are the two Heresies of Pelagius and the Manichees . Man by this last Sect was deprived of all his freedom ; and by the other Free Will was established upon the ruines of Grace . But with the Council of Trent , the End , it seems , which was the blackening of the Protestants , was enough to consecrate the basest and vilest Means . If there was any that had so much remaining honesty , as to interpret the Protestant Sentiments a little favourably , there was an immediate exclamation of Heresie ! Heresie ! Was any thing fair to be expected from such a sort of Judges ? But indeed , what other procedure could be expected from a Council composed as this ? The Judges were Bishops , and the Advocates were Monks : both which by their particular interests were the implacable Enemies of the Protestants . The Bishops saw plainly , that nothing less than their absolute ruine was threatned : that the reforming of their softness , their Luxury , and the pravity of their Manners , would not alone suffice ; but that a reduction of their vast Revenues , their large Dioceses , and their Despotique Sway over the Church and Clergy was no less intended . That it was endeavoured to bring them down to plain Pastors , or at least to subject them to their Clergy , and to take away that Pomp , that Wealth and Power they so much idolize , Let any one judg what kind of Sentiments they must needs have for those that designed them so much ill . As for the Monks , who explained matters , and pleaded before the Bishops against the Lutherans , they looked upon the Protestants as upon a sort of people that had resolved their ruine , and the ruine of all Monasteries ; that would have all the Wealth and Revenues restored back that these Religious Houses enjoyed under a pretence of Piety . They strove out of Revenge to make the Lutherans odious : For they well knew the Lutherans did not spare them , but openly accused their Vows , of Tyranny ; their seeming Sanctity , of deep Hypocrisie ; their Houses , of being sinks of filth and Impurity ; their Retreats , of being places where Men are nourished in Sloth , and in a sort of life that shrouds under a Veil of Austerity the greatest softness and Luxury . He is little acquainted with humane Nature , that knows not how mightily the motives of Interest and Revenge do inslave the Mind , and depress Reason . I do not therefore wonder at the implacable hatred of the Council to the Protestants ; I should rather wonder had it been otherwise : but I affirm that this known and visible Hatred gave just cause to the Protestants to reject the Council .

6. Sixth Reason to reject i● . It was not a free Council . But could the Council have clear'd it self of this Hatred taken up both by interest and inclination , yet the Protestants could have looked for no good from it ; for that it was the slave , the creature of the Court of Rome , and wholly depended on it . This is so very notorious , that to deny or to question it , is to lose all sense of shame and modesty . The Emperor , and the King of France and Spain complained of it highly . These complaints were made publickly , in the face of the World , discoursed , written , and repeated daily , and in various forms as in this History shall be shown . Nothing was proposed in the Council but by the Pope's Order , and by the mouth of his Legats : nor did it determine of any thing , but by the express direction of the Court of Rome . When difficulties were found in any Affair , so that it went no just as the Legats would , but thwarted a little the Papal Interest ; the Presidents of the Council never wanted specious pretences to procrastinate the matter : and these delays were purely to gain time to consult the Pope's pleasure in the business ; and to know in what manner it should be decided ; and this was called , a giving time for allaying Mens Passions , that so the Holy Ghost might become Master of their Minds , and might govern their Resolutions . When the Pope's Orders were arrived , the Presidents employed their Pensioners in Caballing and secret working of the matter ; but if those Intrigues miscarried , the business was remitted to another Session . But if no Arts would do , they took off the Masque , and plainly told the Council , that such was the Pope's pleasure . Besides , the Pope had in the Council under the management of Cardinal Simoneta five or six rude tumultuous Persons , who abused and affronted any Man , making hideous noises by kicking and striking the Benches with Hands and Feet , upon the delivering of an Opinion that did not please them . Nay , these surious men came frequently to reproachful Revilings , and even to Blows . Cardinal Pallavicini himself tells us , that the Bishop della Cava , one of these so disorderly Persons , did one day box another Bishop , and tore away part of his Beard , for having with some freedom delivered his Opinion . The Bishop of Alista , who was maintaining that Bishops were instituted by Christ , was interrupted by Cardinal Simoneta with , Be silent , insolent Man , and let others speak . If any Man was disrelished for maintaining Opinions contrary to the Italian Theology , he was either , wearied by rudeness and ill treatment , forced to beg leave to retire , or made to be recalled by his Superiours , if he had any ; or otherwise plainly driven from the Assembly . When Pius IV. was reproached with the little liberty he gave the Bishops in that Council ; he onely excused it , by retorting upon Princes , that they left them yet less liberty than he did . To deal truly , what the Pope said was not altogether groundless : for the poor Bishops were the Slaves of Princes , as well as of the Pope . The Pope himself made use of the Authority of Princes , to restrain the over forwardness of some Prelats . Thus he obtained Letters from the King of Spain , and from the Marquess de Pescara his Embassadour at the Council and Governour of Milan , to hinder the Spanish Prelats from favouring such as were desirous to set bounds to the Papal Power . From what happened in the Disputes about the Residence and Power of Bishops by Divine Right , it is easie to conjecture what would have happened had the Lutheran Tenents found Partisans in the Council . The Spaniards , the French , and the Germans , insisted upon the Councils declaring the Residence and Jurisdiction of Bishops to be jure divino : they had their particular Intrigue in it , as the course of this History will shew . But the Interest of the Court of Rome lay in direct opposition , and that the Point might not be decided in favour of the Bishops . To effect which , no stone was left unturned , no means untried , that Artifice , Violence and Tyranny could make use of . What then had been done , or rather what had not been done , if , as the Protestants desired , the Pope's . Authority had been directly struck at , and the subversion of his Grandeur openly attempted ? If the Council of Trent had but only offered at what was actually done by the Council of Constance , that is the declaring of the Pope to be subject to the Council ; the Court of Rome would rather have set all Christendom in confusion , that have suffer'd it . The Presidents had express Orders , if that Point came at all into question , immediately to break up the Council , and return to Rome .

7. Seventh cause of Rejection . The Council of Trent hath erred , even by the Confession o● those that would have us submit to it . But I would very fain know , why we should be obliged to receive the Decisions of the Council of Trent , since the Roman Church her self does not receive them ? Why should it be expected from us that we should look upon this Council as Infallible , when thousands of the Roman Communion do believe that the Council hath de facto erred , and in consequence of that Belief do refuse to submit to it , and daily reject its Canons ? This last reason for our rejecting that Council , is indeed of high importance : we shall therefore enlarge a little upon it , and evidently make it appear , that those that would exact of us a Submission to this Council , have themselves no regard to its Authority ; and that upon the score of its having erred . I shall not press upon the Council , for having forbid Non-Residence under grievous Penalties , which yet , is now universally connived at : for having forbidden Pluralities , and yet there are now no Eminent Prelats but are guilty of it : for having forbidden to give Dispensations but in Cases of great moment , and yet now at Rome they are denied to none , but to such as want Mony , that matter of mighty moment for which only they are granted . For I very well know that to these , and to a hundred other particulars in which I could instance , it will presently be replyed , that they are Corruptions indeed ; but that those Corruptions indeed ; but that those Corruptions do not hinder the Decrees of the Council from being just and good . And the Popes Flatterers will add , that he is not bound by the Decrees of the Council , but has Power to dispence with the Canons , when he thinks fit . But I speak of Decrees made by this Council and rejected by an infinite number of People ; Decrees that never were suffered to take place in France , after all the endeavors of the Court of Rome . The French Kings , their Parliaments , and Bishops , dislike several things in the Decrees of this Council . Reasons why the Council of Trent is not received in France . 1. That the Council hath done and suffered many things that suppose and confirm a Superiority of the Pope over Councils . 2. That it hath confirmed the Papal Encroachments upon Ordinaries , Ses . 2. Res. c. 8. by Exemption of Chapters , and Privileges of Regulars , who are both withdrawn from Episcopal Jurisdiction . 3. That it hath not restored to the Bishops certain Functions appertaining to their Office , and taken from them , otherwise than to execute them as Delegates of the See of Rome . 4. That it hath infringed the Privileges of Bishops , of being judged by their Metropolitan , and the Bishops of the Province , by permitting a Removal of great Causes to Rome , and giving Power to the Pope to name Commissioners to judg the Accused Bishop . 5. That it hath declared , that neither Princes , Magistrates , nor People , are to be consulted in the placing and setling of Bishops . 6. That it hath empowered Bishops to proceed in their Jurisdictions by Civil Pains , by Imprisonment , and by Seisure of Temporalties . 7. That it hath made Bishops the Executors of all Donations for Pious Uses . 8. That it hath given them a superintendency over Hospitals , Colleges and Fraternities , with Power of disposing their Goods and Revenues , notwithstanding that those matters had been always managed by Lay-men . 9. That it hath ordained , that Bishops shall have the examining of all Notaries Royal and Imperial , with Power to deprive or suspend , notwithstanding any Opposition or Appeal . 10. That it hath given Power to Bishops , with consent of two Members of their Chapter , and of two of their Clergy , to take and retrench part of the Revenue of Hospitals ; nay , to take away Feodal Tithes belonging to Lay-men . 11. That it hath made Bishops the Masters of Foundations of Piety , as Churches , Chappels , and Hospitals ; so as that those that have the care and Government of them are obliged to be accomptable to the Bishops . 12. That in confirming Ecclesiastical Exemptions , it hath wholly ascribed to the Pope and the Spiritual Judges , all Power of judging the Causes of accused Bishops ; as if Sovereign Princes had lost the Right they have over their Subjects , as soon as they became Ecclesiasticks . 13. That it hath empowered the Ordinaries , and Judges Ecclesiastical , in quality of Delegates of the Holy See , to enquire of the Right and Possession of Lay-Patronages , and to quash and annul them ; if they were not of great necessity , and well founded . 14. That in prohibiting Duels it had declared , that such Emperor , King or Prince as should shew favour to Duelling , should therefore be Excommunicated , and deprived of the Seignory of the Place holding of the Church , where the Duel was sought . 15. That it hath permitted the Mendicant Fryars to possess Immoveables . 16. That it hath ordained an Establishment of Judges , it calls Apostolick , in all Dioceses , with Power to judg of Spiritual and Ecclesiastical matters , in prejudice of the Ordinaries . 17. That it hath declared , that Matrimonial Causes are of the Churches Jurisdiction . 18. That it hath enjoyned Kings and Princes to leave Ecclesiasticks the free and intire Possession of the Jurisdiction granted them by the Holy Canons and General Councils : that is to say , Usurped by the Clergy over the Civil Power . These are the principal Points disputed in France . Those that tend to the diminution of the Authority and Privileges of Bishops , to enlarge the Roman Power , are rejected by the Bishops : and those that would extend the Power of Bishops to the prejudice of the Civil Authority , are rejected by the Parliaments . Between both , this Council as enacting contrary to the Rights and Liberties of the Gallican Church , was never at all received in France , so as to obtain the force of a Law . Why then should that Assembly give Law to us Protestants , that is rejected by so great a part of the Church of Rome ? If it hath not erred , why do Roman Catholicks ( as they will be termed ) refuse to receive it ? And if it hath erred , what reason is there to press us to receive it ? I know what is answered to this : that matters of Faith and of Discipline must be distinguished ; that the Council did not , nor could not err in matters of Faith and Doctrine , and that it was only mistaken in points of Discipline . But we shall find this Answer to be a great Illusion . First of all , it is very hard to comprehend why the Church should be indued with an Infallible Spirit only in points of Doctrine , and not in matters that should establish Order and Government . For certainly it is of the Essence of the Church to be governed according to the intention of God , and of Christ , as certainly as it is Essential to it to be guided in all Truth . Suppose it impossible to retain all the speculative Truths , and therefore that Anarchy , Confusion , and Disorder become prevalent : what sort of Church should we have ? But the better to dissipate this Illusion , it is to be observed , that there is no Point of Discipline , but hath a strict Union with some Point of Right : and that there are some Points of Discipline that are Points of Doctrine likewise , and of the first Class too . For example , the Roman Hierarchy , the disposition of that great and mighty Clergy , distinguished into Priests , Bishops , Arch bishops , Patriarchs , Primates , over whom is placed their great Head , whom they intitle Christs Vicar and Lieutenant upon Earth ; Is not that a Point of Discipline ? All that respects the Guidance and Government of the Church , the Persons , their Characters , their Charges , their Dignities , their Authority , and Jurisdiction , are they not of the Discipline of the Church ? If with this Pretext it should be objected to the Romanists ; Gentlemen , your Hierarchy in the whole , and in all its parts , is a meer matter of Discipline ; the Church might possibly err concerning it ; and it is therefore fit to review and re-examine it : What would they reply to it ? Methinks they would answer , that it is a Point of Discipline , which is also a Point of Doctrine , and of Right . At least the Council of Trent hath so defined it ; and hath treated of the Hierarchy under the head of matters of Doctrine . There are indeed three kinds of Doctrine : the first are purely Speculative ; as the Mystery of the Trinity , the Incarnation , and the Redemption : the second are Practical , respecting our Manners , and of this kind are the Moral Precepts that are the Rules for governing our Life , and directing our Conscience ▪ and the third are those Practical Doctrines that respect the Guidance and Government of the Church ; that is to say , that there must be a Ministry in the Church ; that Believers ought to obey their Guides ; that the Residence of Bishops is by Divine Right ; that the Pastors are instituted by our Lord Jesus Christ ; that there must be a Lawful Call to the Ministry , that so there may be a Right of governing the Church , that such Government may not be Tyrannical ; that the Church may not withdraw Believers from their Lawful Lords in Temporal matters . It is most clear , that all these are Points of Doctrine respecting Discipline . So that a Council that errs in Points of Discipline that have an inseparable Connexion with those Doctrinals , does by necessary consequence err in Doctrine . But to render this General Consideration the more sensible , I will particularly apply it to some Principal Articles of Discipline , wherein it is confessed that the Council of Trent hath exceeded the limits of its Power ; and which I will make out to be Articles of Doctrine also : so that such as will confess that Council to have erred in Discipline , shall be constrained to acknowledge that it hath erred in Doctrine , and in matters of Faith .

That the Popes Superiority over Councils is a Point of Doctrine , and was decided in the Council of Trent . Let us begin with the Article of the Superiority of the Council over the Pope , or of the Pope over the Council . Few are ignorant with what heat this Question has constantly been argued ever since the Councils of Constance and Basil ; both of which pronounced the Pope inferiour to a General Council ; and the Gallican Church makes it an Article of her Faith to maintain the decisions of those Councils . But I would fain be informed whether it be an Article of Faith , or of Discipline : yet I think there is no doubt but it will be avowed for a Point of Doctrine , it having always been considered as such . It is also certainly a Point of Discipline : for all that respects the Form of the Churches Government may fitly be brought under the head of Discipline . This important matter the Council of Trent hath decided in favour of the Pope ; and yet the Gallican Church still perseveres in the contrary belief : She believes therefore that the Council erred in a Point of Doctrine . I know it will be said , That the Council of Trent hath not decided , that the Pope is Superiour to Councils . Men may talk as they please , but things for all that will continue as they are . It is true , that among the Decrees and Canons of that Council , there is none that says in express terms , The Pope is Superiour to Councils , and can be judged by none : but the effect of such Decision is apparent in all the Acts , and through the whole Conduct of this Council . It is necessary for establishing the Sovereignty of a Temporal Prince , that the States of his Country make a formal Declaration , and thereby acknowledge him their Master and their Sovereign ? Is it not enough , that they obey him ; that they suspend their resolutions , are convened , and dissolved , at his pleasure ; that in their Acts they stile him their Lord , and their King ; and that they own that all they do is nothing unless confirmed by his Authority ? I believe there are none so unreasonable as to deny this to be of equal Value with any express Declaration of Sovereignty . We shall therefore make it unquestionably clear , that the carriage of the Council of Trent towards the Pope hath been in all points such .

In order to this , it is to be remembred , that the fifth Council of Lateran ( considered by the Court of Rome as a General Council , assembled by Julius II. begun in the year 1512 , under Leo X. ) had repealed , annulled and abrogated the Pragmatick Sanction ; which was an Abstract of the Decisions of the Councils of Basil and Constance , made at Bourges in the year 1438. by Order of Charles VII . in a solemn Assembly of all the Clergy of France , and of the Parliaments . The grand design of it was to abase the Pope , and to retrench the Tyrannical part of his Power : the very Basis of all the Regulations and Proceedings of this Assembly , being founded upon the Principle of the Subjection of Popes to Councils . But then comes Julius II. in his Council of Lateran , and re-establishes the Popes Superiority over the Council , declaring null and void all that had been done in prejudice of it by the Councils of Constance and Basil . Twenty eight years after was the first Convocation of the Council of Trent . Between these there had been no General Council , nor any thing in prejudice of that Superiority that was so re-established by the Council of Lateran : On the contrary , there was something actually done of great advantage to it ; which was the Concordat . Lewis XII . who had the great Contests with Pope Julius , died in the beginning of the year 1315. Francis I. succeeded , who passed into Italy , took Milan , and Genoua , and visited the Pope , then Leo X. at Bologna . It was at this interview that the Concordat was made , by which the King consented to the abolishing of the Pragmatick Sanction , upon condition that the Kings of France should have the Right of Presentation to all great Benefices . Thus have we the Pragmatick Sanction , and all the Decisions of the Councils of Constance and Basil utterly destroyed , with respect to France : and the Pope re-established by this Act in the possession of his Superiority over all the Church , and over the Councils without contradiction . The University of Paris did indeed appeal from this Concordat to the next Council : but that still makes for the Pope ; because the University did not at the Council of Trent prosecute the Appeal ; by which silence the thing continued as the Council of Lateran had adjudged it , and as the Concordat had confirmed it . Besides , the Council of Florence , held by Pope Eugenius at the same time the Council of Basil was held , did annul and make void all that was done at Constance and Basil in prejudice of the Popes Authority . Spain and Italy acknowledge this of Florence for a Lawful and General Council . And then there are two General Councils that exalt the Pope over the Council . Then comes the Council of Trent , and does not the least Act to invalidate or lessen the Decisions of the two preceding Councils . On the contrary , it was convened upon this ground , that the Pope was absolute Master of it , to continue or dissolve it at his pleasure . It always appears to be acted by this Principle , paying in all things Submission to the Pope . Is it not then apparent that this Article is decided by the very Conduct of the Council of Trent , so exactly agreeable to the Decisions of the Councils of Florence and Lateran ? If there arise question of Jurisdiction between two Judges , and there be a Regulation of the matter , and he that is declared by Sentence to be the Inferiour do for the future act as such without appealing from the Judgment ; does it not always pass as an adjudged Case ; and is not such Superiour esteemed in peaceable possession of his Superiority ? There is therefore no more to do but to consider the Conduct of the Council of Trent , and see if from the beginning to the end of it , it hath not always paid to the Pope the respect of an Inferiour to a Superiour .

I begin with the Name given by the Council to the Pope . And methinks it is reasonable that Words should be the just and faithful Images of Thoughts ; and that the Names given to Persons be understood to signifie the naked Characters under which they are to be considered . The Council of Trent called the Pope their most Holy Lord , Sanctissimus Dominus noster ; as may be seen in divers places ; two I shall cite . The first is that of the Controversie of the Residence of Bishops , whether by Divine Right or not . The greater part were for declaring it in the Affirmative : but the rest said either , Placet , priùs consulto Sanctissimo Domino nostro ; or else , Non placet ; nisi priùs consulto Sanctissimo Domino nostro . It is no sort of answer to say that these men were far less in number than the others ; for the difference of Votes respected the Question only , whether he Judgment of it should be left to the Pope : but as to the Name given him , it was contested by none . It were in vain , and even ridiculous to go about to deny this . For it is the Language of the very Decrees of the Council to the Pope . Read but the Decree of referring to the Pope the demand of the Cup , at the end of the twenty second Session : The Council hath ordained that this whole matter be referred to our most holy Lord , ad Sanctissimum Dominum nostrum . It cannot be said that this was only the Complement of a few Flatterers : It is a Decree of the Council maturely debated and approved by all the Fathers . As a Protestant I might well say , that it seems an odd kind of thing to qualifie the Pope with a Title that was never given by the Apostles to Christ himself : They call him barely or Lord ; and never , our holy , or our most holy Lord . For my part I do not see that this stile of most holy , or thrice holy , is to be ascribed to any but to God alone : Holy , Holy , Holy , Lord God of Hosts . But this is not my present business . It is enough for me to prove by it , that the Council of Trent hath owned and acknowledged the Pope , not simply for Superiour , but for Sovereign , Master , Lord , and most holy Lord .

Among the proofs we bring to shew that the Council hath acknowledged the Pope for its Superiour ; we ought not to slight the Custom , so inviolably observed by that Assembly from first to last , to deliberate of nothing , nor make any Decision , but according to the Orders of the Court of Rome . It is in vain to say , that it ought not to be imputed to the Council ; but to the Legats that presided therein . The Council did it , the Council suffered it , and all things were turned on that Hinge . I know very well that the sound and unbyassed Part of the Council were very much troubled at it : but I also know that the far greater part would have it so , not barely consenting to , but supporting this Conduct of the Legats : For all the Italians were of intelligence with the Pope for the subjecting the Council to him . These Assemblies are obliged to answer not only for what they do by Deliberation , but also for what they do by Surprize . All Historians agree that the Fathers of the Council of Ariminum had honest Intentions and Orthodox Minds . And yet because they suffered themselves to be surprised by the Artifice of Vrsacius , and Valens , it is reckoned among the Arrian Councils . It must be confessed , that the Italian subtilty was never raised to a higher pitch , than by the Court of Rome , in managing the Council of Trent , to make it act as absolutely depending on the Pope . And it must also be acknowledged , that as the Court of Rome did succeed in the Design , so it thereby engaged the Council in a Conduct that evidently establishes an Opinion which passes for erroneous in the minds of many people . For what more can be done by the most inferiour Assemblies towards their Sovereigns , than to debate nothing but by their direction , and to determine nothing but by their Order ?

That Clause that occasioned so much noise , and so great discontent , that the Council could deliberate of nothing but what was proposed by the Legats , proponentibus Legatis , is it not a plain Decision of the Popes Superiority over the Council ? Was there ever any Inferiour that durst prescribe to his Superiours the Points upon which they were to deliberate ; telling them , you shall speak only as I direct you , you shall debate the Propositions that I shall make you , and you shall not dare to exceed the bounds I set you ? Yet such was one of the Decrees of the Council , signed by all the Fathers , and made at the opening of the third and most solemn Convocation of the Council . Was there any thing done to remedy the consequences of this Clause ? Truly just nothing in effect . There was a little Decree made ( and little it signified ) to pacifie dissatisfied minds : it was , that the Legats a little before the end of the Council should declare that it was not intended by this Clause to prejudice the liberty of the Council , nor at all to alter the manner of proceeding that former Councils had observed : but it is not said that there was no intent to prejudice the opinion that subjects the Council to the Pope .

Those that shall read this History , will find by what passed from the twenty second to the twenty third Session , what Endeavours were used by the Court of Rome to slide in a Decree among the Acts of the Council to establish the Popes Supremacy . There was a Minute of such a Decree sent from Rome , wherein it was said , that the Pope hath power to govern the Universal Church , Ecclesiam universalem . The Emperour and the French joyned to oppose it , as easily penetrating the Design of exalating the Pope over the whole Church ; of making him absolute Master of it ; and by consequence placing him above Councils . Well then , and what was the issue of the Dispute ? The Court of Rome feigned to yield the Point , and the Decree did not pass : but yet the thing was after cunningly done in another Decree , where the very words are used , but in a way that seems as if it was without design . It is in the first Chapter of General Reformation in the last Session , where it is said , that the Pope has the Administration of the Vniversal Church . These words do plainly signifie that the Pope is sole Bishop , that the others are but his Delegates , and by consequence that he is the Monarch and Superiour of the Church , whether it be considered together as a Body , or disjunctly in its Parts . If the words might admit of another construction , yet the very Council it self did thus interpret them , and therefore for a time did reject them ; tho afterwards it received them by inadvertence . And this is another express Decision that exalts the Pope above the whole Church .

It would certainly be tiresom to the Reader , should I produce all the Proofs that might be brought , to shew that the Council of Trent hath acknowledged the Pope for Superiour . For I should then be obliged to speak of the Bulls of Convocation that were registred and received by the Council , in which the sole power of convening Councils , and presiding in them is ascribed to the Pope , contrary to the Decisions of the Councils of Constance , and Basil . I should also speak of the Bulls of Suspension sent by the Popes to their Legats , by which as Masters and Superiours they impowered them to suspend , and to dissolve the Council . I should in fine be obliged to speak of all that was done in those two important Controversies that made so much noise in the Council : that is , whether the Episcopal Order were of Christs Institution , and whether the Residence of Ecclesiasticks be Jure Divino . But I shall leave the Readers to make due Reflections upon the Legats presiding in the Council , and their management of affairs . I shall only offer two Proofs , but the most convincing that can be . The first shall be the last Chapter of Reformation in the last Session . In this Chapter the Council declares , That all that hath been ordained concerning the Reformation of Manners , and Ecclesiastical Discipline is so ordained as that the Council will thereby manifest to all the world , that the Authority of the holy Apostolick See remains whole and untouched : That is to say , that the Pope is not bound by the Canons , nor tied from dispensing with them when he thinks fit . This is not our Gloss , but the Court of Rome's ; it is the plain intent of the Council that framed the Decree : it is agreeable to constant and continual Practice ; for the Pope de facto does daily dispense with the Canons of this Council . It could not more plainly be pronounced that the Pope is Master and Sovereign of the Council : nor could any thing be more directly contrary to the Decisions of the Council of Constance . This latter Council , speaks thus in the fourth and fifth Session , The holy Synod of Constance duly assembled , being a General Council , and representing the Catholick Church , is empowered immeditely from Jesus Christ : which every person , of whatsoever condition or dignity , tho even of the Papal dignity , is bound to obey in all things that relate to Faith , the extirpation of Heresie , and the Reformation of the Church , as well in the Head as in the Members . That is to say , the Council of Constance declares , that the Pope is bound to obey the Canons of the Council : And the Council of Trent declares , that the Authority of the Council reaches not to the Pope , but leaves his Power untouched , One of the two Councils has therefore certainly erred , for their Decisions are in direct contrariety to each other .

The last Proof I shall urge , is the Confirmation of its Decrees , which the Council of Trent desired of the Pope . If that does not suppose that without such Confirmation the Decrees of the Council were of no force , as the Court of Rome pretends , it signifies just nothing . If the Validity of the Decisions of a General Council depends upon the Popes Confirmation , it it into Propositions ; and then it runs thus : The Church hath Power over the Temporalties of Kings , and private Persons ; can take away their Possessions , and give them to others ; can proceed to Sentence and Execution by Corporal punishment , by Imprisonment , and Sequestration ; can take cognisance of the validity of Wills and Testaments ; can oblige Laymen to give an account of their management of Donations for pious Uses ; hath Power to exercise all manner of Judicature , and in Matrimonial Causes exclusive to all other Tribunals ; In a word , can hear and determine all matters Civil and Criminal . Is there not reason then to allow this for Doctrine ? Is not Ecclesiastical Jurisdiction matter of Doctrine ? Hath not the Council of Trent treated of it in the Chapter of Order , as of a point of Doctrine ? If the Jurisdiction of the Church be a matter of Doctrine is it not absurd to say that the Decrees to which such Jurisdiction does extend are meerly points of Discipline ? Are not the Whole , and its Parts , of one nature ? I● the Jurisdiction of the Church considered together and in gross belongs to Doctrine why not the parts , the branches , the extent of it likewise ? Thus have we another point of Doctrine , in which the Gallican Church and all the Magistrates of the Christian World do affirm the Council to have erred .

That Exemptions of Ecclesiasticks is a point of Doctrine ; wherein it is confessed that the Council erred . I go on to the Exemptions of Ecclesiasticks , which are of near affinity to the preceding Article . The Bishops of the Council of Trent , in the Decree we just spake of , by them intitled the Reformation of Princes , had made little Sovereigns of the Clergy independent of the Secular Power ; exempted from pleading before a Temporal Judge , for whatsoever Cause or Crime . 'T is true this Decree did not pass , by reason of the great opposition made by the Ambassadors . But the Council endeavoured to supply the matter ; for in the twentieth Chapter of General Reformation , in the 25th . Session , it ordains , that the Immunities , Exemptions , and Privileges of Ecclesiasticks be ratified and confirmed to them , according to the Constitutions of Popes , and Councils , and according to the holy Canons . Now these Constitutions and these Canons , the observance whereof it commands , are those that withdraw Ecclesiasticks from the Power of Secular Judgment , and subject them only to the Judges of the Church . And indeed since the Council , the Clergy have with the utmost vigour endeavoured the maintaining themselves in the possession of these Privileges . Every body knows the famous Quarrel that upon this occasion happened between Pope Paul V. and the Venetians , and made so great a noise in the beginning of this present Century . The Republick of Venice in the year 1605. made a Law , forbidding Ecclesiasticks to acquire Lands and fixt Possessions : and before that , there was another Law in force , restraining the building of Churches , Hospitals , and Monasteries without leave obtained of the Senate ▪ At the same time the Republick caused to be imprisoned Brandolino Valde-Marino Abbot of Nerveze ; and Scipione Saracino , Canon of Vicenza : the first , as being guilty of Rapine and Theft , accused o● poysoning his Father and his Brother , o● Incest with his Sister , of having caused several Persons to be assassinated , and o● employing Magick to corrupt Women● the second , for having broken off the Seal put upon the Bishops Court by the Magistrates ; and for attempting the chastity of a Widow of Quality with most villa●nous outrages . Pope Paul V. looked up on these Laws , and the imprisoning of thes● Men , as breaches of the Privileges of th● Clergy , that the Council of Trent ha● confirmed . He commanded the Venetian to abrogate these Laws , and to send th● two Prisoners to be tryed by the Nunc● at Venice , forasmuch as the proceeding of the Republick in this matter was contrary to the Canons and Constitutions of the Councils . And upon the Republicks refusing to do it , in the year 1606. he thundred his Bull of Excommunication and Interdiction against it . The business was made up in the year 1607. by the mediation of the King of France , and by the negotiation of Cardinal de Joyeuse , and Cardinal du Perron . The Interdict was taken off , but the Republick was obliged to give up the Prisoners to the Pope , and to suspend the execution of those Laws , till the Parties , that is to say , the Church and the State , had setled the matter .

These Ecclesiastical Immunities were things unknown to the Primitive times . The great and good Emperour Constantine did in Person , or by Commission hear and determine the Crimes of Ecclesiasticks , without excepting so much as Cases of Schism and Heresie . It is true , he established a Tribunal of the Church , Sozomer , l. 1. c. 9. Eujeb . de vita Constant . l 4. c. 27. Niceph. l. 7.46 . and gave a sort of Jurisdiction to Bishops for the affairs of Ecclesiasticks . But still they acted as the Emperours Delegates in those Tribunals : and we see that Constantine did often ●re hear Causes , wherein the Bishops had before given Sentence , Tom. 2. Ep. 162. St. Austin tells us , that in the business of the

That the diminution of Episcopal Authority is another Point of Doctrine , wherein the Council of Trent is acknowledged to have erred . It is not extremely necessary to enlarge upon the wrong done by the Council of Trent to Bishops ; in taking from them the power of hearing all the greater Causes ; in impowering them in most Episcopal Functions to act only as the Popes Commissaries ; and in confirming the Privileges of Chapters and Monasteries , which dispense them from acknowledging the Ordinaries to be their Superiours . The Bishops themselves do sufficiently complain of these wrongs : and they have reason ; for by the Priviledge granted to Monks of immediate depending on the Holy See , the great and numerous Congregations of Clugny , and of the Cistercians , all the Houses of the Mendicants , and the new Order of Jesuits , are not only withdrawn from Episcopal Jurisdiction , but are become so many sworn Enemies to Episcopacy . Besides which , by the Exemption of Chapters , those Assemblies are so many thorns in the Bishops sides , giving them a thousand disturbances , and tiring them out by their oppositions . The accused Bishops are , contrary to the Canons , forced and dragged to Rome to be tried ; their Causes are removed from their Metropolitan , and Synod of the Province , from whom they might expect Justice ; and those that seek their ruine , do procure their Enemies to be named by the Pope for Commissioners to decide their Causes . There is an instance of this in the troubles that hapned in France about the Doctrine of Jansenius . There were four Bishops that after the condemnation of Jansenius by Innocent X. and Alexander VII . kept a wrangling and cavilling , a little too long in the Jesuits opinion , upon the distinction of Right and Fact , to avoid signing of the Formulary . The good Fathers procured a Brief from the Court of Rome , to interdict them by Commissaries named by the Pope . These four Bishops , who were the Bishops of Alez , of Pamiers , of Beauvais , and of Angers , defended themselves against the Interdiction by Circular Letters , and by divers publick Writings , wherein they cite the Ancient Canons , the fifteenth of the Council of Antioch , in the year 341. the seventh of the Council of Sardica , 351. the Capitula of Adrian I. the Decisions of Leo IV. and of Benedict III. his Successor , who lived about the middle of the Ninth Century . By all which it appears , that accused Bishops , to be Canonically condemned , ought to be tried by their fellow-Bishops of the same Province . They trace the possession of this Right through the following Centuries ; and at length they shew , that the Regulations of the Council of Trent , and the Concordat between Francis I. and Leo X. cannot prejudice the Right of the Bishops , and so long a Possession ; for that the Parliaments , the Universities , and the Clergy of France opposed the Concordat , and the Cardinal of Lorrain made opposition in the name of all the Clergy of France , then when the Gentlemen of beyond the Mountains made the Decree that impeaches this usage : Which ( say they ) hath served for a ground of the refusal , In the Circular Letter of the four Bishops to all the Bishops of France . p. 8. that this Kingdom hath always made , to submit to it , and to several other Regulations about Discipline , as being found contrary to the Liberties of this Church ; which the Kings , the Clergy , and the Parliaments of France have always so carefully preserved . These Gentlemen are then persuaded that the Council of Trent hath in this point wronged the Bishops . But one cannot commit a Wrong without Injustice , nor do an Injustice without Error . Whence it follows , that it is not to be denied by these Gentlemen , but that according to them the Council hath erred . Yet still , say they , it is but an Error in Discipline . And still they must give me leave to tell them , that this reply is nothing but a meer illusion . For it is a real Point of Doctrine , to know how far the Rights of Bishops do or do not extend . It is a clear Case that all the Grievances the Bishops complain of depend upon the question , Whether Bishops were instituted by Jesus Christ , and are the Apostles Successors . For if Bishops are by Divine Right , and not of Papal Institution , it is manifest that the Pope cannot deprive them of a power he did not give them , nor can so much as lessen that power . If a Bishop does jure divino watch over the conduct of those of his Diocess , there is no man that by any right can take a part of his Flock from him , or forbid him to execute his Pastoral Charge in any instance ; for no man hath power to alter what God hath established . On the contrary , if the Pope hath conferred upon Bishops all the Authority they have , he may revoke , lessen , or enlarge it at his pleasure ; nor could the Bishops then have any cause to complain , for he may make use of his just right and power . If the Pope be absolute Master of the Church , and Bishops but his Substitutes , he may proceed judicially against them as he thinks most fit , by a Synod , by Commissaries , or by himself . And the Bishops know it very well : for the Spanish Bishops , who stickled so much in the Council that the Residence and Institution of Bishops might be declared to be jure divino , had no other end in it , but to strengthen the Episcopal Dignity , and shake off the Papal Yoke that oppressed them . The Authors of those Writings that have made so much noise in the world about the affair of Signatures are likewise perfectly convinced of this truth . For speaking of the wrongs done to Bishops by the Court of Rome , they tell us , that the Popes Ministers take delight to shew in Act and by Example what the Roman Doctors teach in their Books : Circular Letter of the four Bishops , p. 15. That the Pope is the absolute Master and Sovereign of the Church : That Bishops are but his Vicars , holding all their power from him : That he either does , or does not hearken to them , as he thinks fit : That if he makes answer when they consult him , he does them grace and favour , but does them no wrong if he refuse to answer . To this erroneous and false opinion of the Doctors , Partisans of the Court of Rome , they oppose the pure truth of the Gospel ; that is , Page 14. That all Bishops do succeed to the Apostles : That the Pope by Divine Right is their Head and Superiour , but not the sole Bishop : That they derive their power from Christ himself : That it is the Holy Ghost that hath set them over the Flock , that the Great Shepherd hath acquired by his bloud , that each might govern as his Vicar that portion that falls to his lot , &c. that they are so inferiour to the Pope , as to be yet his Brethren , and Collegues in that only Episcopat , of which each of them holds an intire part according to the Fathers . This is truly the state of the Question ; and can this be thought to be a mere matter of Discipline ? Or can it be other than a Point of Doctrine ? When the French and Spaniards did so mightily insist in the Council , to have it declared that Bishops are not the Popes Vicars , nor set up by him , but established by Christ ; and when on the other side the Partisans of the Court of Rome opposed this design with so much violence , every where preaching up the Pope to be the sole Bishop ; that the Ordinaries are but a succession of Commissaries , holding all their Authority from the Holy See , was this Controversie considered by the two Parties as a matter of Discipline ? Was it not considered in the Examen of the Sacrament of Orders , which is a Point of Doctrine ? And not touched in the Chapters of Reformation , to which was referred all that concerned Discipline . The Bishops could not prevail to have it declared that their Order is by Divine Right ; but at least they hindred that no Decree was made for declaring them only the Popes Vicars . Yet that is of no great service to them ; for in all the Decrees of the Council they are still treated as the Popes Vicars . And it must needs be acknowledged that the Council , in declaring that the Pope hath power to abridge the Authority of Bishops , to hinder their Episcopal Functions , to try them in Person , or by his Commissaries , hath sufficiently declared them to be no more than his Vicars . So we have another Point of Doctrine wherein two thirds of Europe agree that the Council of Trent hath erred .

That the People ought to have part in Canonical Elections : that herein also the Council of Trent hath erred , by the Confession of many Roman Catholicks . I go on to Canonical Elections . Those persons that within thirty or forty years past have made themselves so much talked of in the World , for that extraordinary appearance of zeal to restore the ancient lustre of the Church , those persons , I say , do consider this matter of Canonical Elections as a Point of highest importance . They lament that favour , interest , and birth are the only steps that raise to Ecclesiastical Dignities ; and that the custom of elevating to Prelacy by Election and Canonical ways those who are most worthy of it , is now no more in use . They complain of it with much grief ; and know not how to forgive the memory of Chancellour du Prat , who is accused to have abolished the Pragmatick Sanction , First Dialogue of the Parishioners of Sr. Hil. du Mont. p. 10. that is , as they express it , The pure observation of the ancient Canons in the Church of France : and to have made the Concordat of Francis I. with Leo X. which ruined the Apostolical Discipline in France , abolished Canonical Elections , and subjected the Church of France to a deplorable servitude . They tell us in the marginal refutations of M. d' Ambrun's Petition to the King , Page 10. that in several Parish Churches there have been for a long time Publick Prayers to God for the abolishing the Concordat , and the re-establishing Canonical Elections . We must not say these Gentlemen have reason , lest it give offence ; for if they chance to agree in any opinion with us , it is presently made a crime . Neither is it here extremely important , whether they are in the right or not . It is enough for us that they zealously condemn whatsoever favours the abolition of Canonical Elections . For thereby they are necessarily engaged to condemn that Canon of the Council of Trent , which pronounces an Anathema against such as hold , Session 23. Canon . 7. that Orders may not be conferred without the consent or call of the People ; or of the Secular Powers . Methinks Canonical Elections should be such as are made according to the ancient Canons , and in the Form prescribed by the Custom and Constitutions of the ancient Church . Those that have any sort of knowledge of Antiquity can never say that the ancient Canons do declare with the Council of Trent , that the consent and the call of the People is not necessary to a lawful Ordination . There is no going on with instances to the Primitive times , for that were to oppress the Reader with the multitude as well as to convince him by the strength of Testimonies . I shall therefore pass by Matthias and Barsabas , who were presented to God to chuse one by Lot to compleat the number of the Apostles , Acts 1.13 . and their being elected by the whole Assembly of Brethren . I shall say nothing of St. Cyprian's refusing to establish a Sub-Deacon or a Chanter without consulting his People . Epist 33 , 34. & 37. In the Ordination of Clerks , says this holy Martyr to his People , we are wont , my dear Brethren , to consult you , and to weigh in a Publick Assembly the manners and vertues of such as are to be received . It is he that says in his 68 Epistle , that chiefly to the People belongs the right of electing of Priests worthy of that Vocation , and to reject the unworthy . It is he that describing the Canonical Election of a Bishop , Epist. 55. § 7. says , That he is elected and chosen by the suffrages of all the People with peace : that is , without divided opinions , and without heats and contests . I shall not mention the People of Cyzicus , who chose themselves a Bishop , as Socrates tells us in the seventh Book of his History , Chapter 28. Theodoret in his fourth Book , Chapter 22. speaks of a Letter of Peter Bishop of Alexandria , Successor to St. Athanasius , where in accusing the Ordination of Lucius a pretended Bishop , he acquaints us what were Canonical Ordinations : That man was not established by the Assembly of Bishops , by the suffrage of the Clergy , and at the request of the People . The same thing is to be seen in the Synodal Epistle of the Council of Constantinople , the second General , where the Fathers say , Theodor. Hist. l. 6. c. 9. That they have established Nectarius Bishop of Constantinople , in the presence of the Emperour Theodosius , and by the approbation of all the Clergy , and of all the People . I shall not speak of the Election of St. Ambrose Bishop of Milan , which was done by the People ; nor shall I bring an hundred other Proofs than I am able to produce , to demonstrate that the voice of the People is necessary in all Canonical Ordinations and Elections , I will only say , that in those Ages wherein the Discipline of the Church began extremely to relax , it was yet acknowledged , that according to the ancient Canons Elections ought to be made by the Votes of the People , or at least by their consent . Gratian , who lived about the middle of the twelfth Century , does in his Decretal bring divers proofs of this matter . For instance , in the Canon quanto , there is an Extract out of the second Book of the Epistles of St. Gregory the Great , drawn from Epist. 30. Distinct. 63. Chap. 69. wherein the Pope , after the death of Laurence , Bishop of Milan , orders to Elect him a Successor , not by the Votes of the Clergy only , but of all the People . And because many of the People of Milan were at that time retired to Genoa , to avoid the Calamities of War , Gregory requires that persons be sent to Genoa to take the Votes of the absent . In the Canon Plebs Diotrensis , he relates an Ordinance of Gelasius , who lived in the year 492. by which that Pope declares , that a Bishop is to be chosen by the suffrage of all the People . Leo I. was Bishop of Rome thirty or forty years before this Gelasius : In the 87. of his Epistles , he says it is necessary to render an Election Canonical , that the chief of the Laity do give their Votes , as Gratian reports it in the same Distinction , in the Canon Vota civium . Again , in the Canon Sacrorum we have an Ordinance drawn from the Capitula of Charlemagne , and of Louis le Delonnaire his Son , which declares that Bishops are to be elected and established by the Votes of the People , and of the Clergy , and not otherwise . One might descend yet lower , to the Canonical Elections made by the Votes of the People nearer to our times . But it is not needful , and possibly what we have already spoken of this matter is superfluous , this Article not being contested . It remains then only to remark , that this so constant practice of the pure and primitive Church , is condemned as Heretical by the Council of Trent . It will without question be replied , that this Canon of the Council concerns only the Ordination of Priests , and not the Election of Bishops : that the Council only condemns the Lutheran Opinion , that Vocation depends of the People ; and does not condemn the Canonical Election of Bishops , made by the Votes of the People . But the Canon immediately following shews the vanity of this reply , wherein the Council declares , that such Bishops as have been promoted by the only authority of the Pope , without any Assembly of Bishops , consent of Clergy , or suffrage of the People , are true and lawful Bishops ; and Anathema is pronounced against all that believe otherwise . Is not that a condemnation of the Sentiments of the Fathers , who say that a Bishop who is not elected by his Clergy , chosen by his People , and consecrated in an Assembly of Bishops , is not a true Bishop ? When the Council says , that a Bishop who is neither elected by his Clergy , chosen by his People , nor Consecrated by other Bishops , is yet a lawful Bishop , if sent by the Pope . If this be not to anathematise Canonical Elections , there is no such thing as common sense ; or else it is come in fashion for things to be expressed by terms of just opposite signification . How can it be , that it is not intended to exclude the People from the right of giving their Suffrages in the Election of Bishops , by the Canon which says that Consent and Vocation are not necessary to the validity of Ordination ? For if the People have no voice in the Election of a Priest , how is it that they may vote in the Election of Bishops , superiour to Priests ? If it be further replied , that the Election and the Ordination both of Priest and Bishop are to be distinguished ; that the People may have voice in the Election , but can have none in the Ordination . I answer , that Ordination is but a consequent of Election ; and when the People vote in the Election of a Pastour , they do it to the Ordination . But in the Roman Church the People have no voice , neither for Election , nor Ordination . This therefore ought to be a fixed and determined Point among all that wish for the re-establishing of Canonical Elections , i. e. that the Council of Trent hath erred in destroying them . It only remains to see whether it be an Error simply in Discipline , or in Doctrine . But this can admit of no difficulty : the two Canons of the Council of Trent , which ruine Canonical Elections , are in the Decree of the Doctrine of the Sacrament of Orders ; and not in that of Reformation , which relates to Discipline . And indeed it is clearly a Point of Doctrine that absolutely depends upon that great Principle maintained against the Court of Rome by the Followers of Gerson ; that is , that the Keys were given , not to the Person of St. Peter , but to the whole Church : This , says the Author of the Apology for Gerson , is the principal Point of the Controversie , In Prafations . that this most Orthodox Doctor lays down , as does St. Austin , for a most strong and firm support of the Sentiments of the Vniversity of Paris , that Jesus Christ immediately and by himself gave the Keys to the whole Church in General , and considered as a Body , to the intent that the power of them might be exercised by one . And consequently St Peter , and the other Prelates considered apart , are in possession of the Keys but ministerially and instrumentally , as representing the whole Church , to which the Keys do appertain principally , and in respect of dominion . Vide Tract. 124. in Joh. and Tract. 50. It is certain that St. Austin's opinion is , that Christ gave the Keys to the whole Church in general , as composed of the People and of the Clergy . Now it that be so , most certainly the Votes both of the People and of the Clergy are necessary to a lawful Ordination . For if the Keys belong to Christians in general , they are not to be intrusted but by a general consent .

This may suffice to shew , that the Council of Trent hath erred even by the confession of a great part of the Church of Rome , and that it hath erred in points of Doctrine . I will only add a word or two about Clandestine Marriages . The Council in Session 24. hath declared them to be null . This is a point of Doctrine ; for it is a question that directly touches the matter of Sacraments ; that is to say , Whether the Church can invalidate an action which was till then a true Sacrament . For the Council declares that Clandestine Marriages are true Sacraments , and at the same time declares them to be null and void . It must therefore have a Power of annulling true Sacraments . And this is a question of Right , and a point of Doctrine , if ever there were any . Nevertheless upon this point , which is a matter of Doctrine , the Church of Rome does not conceive her self bound to believe that the Council hath not erred .

Treatise of the Interd●●● of Paul V. First Propositi●● The Divines of the Republick of Venice , tell us , that the Decree of the Invalidity of Clandestine Marriages , which belongs to the matter of the Sacrament , according to the universal Opinion , is not obligatory in places where the Council hath not been promulgated : So that it is agreed on all hands , that in such places Clandestine Marriages are good . To conclude , it were unjust to oblige us to have a better Opinion of the Council of Trent , than the very Fathers of that Council had . But to consider the manner of their words and actions , it is a very hard matter to think that they themselves were convinced that that Assembly was infallible . There can be nothing more true and more judicious than what was said by Baptista Cigale Bishop of Albenga , when the Canons upon the matter of the Sacraments were to be formed ; That no Man ever quitted his Opinion meerly because condemned ; and that when Doctors remit matters to the Judgment of the Church , it is no more than a civility and should not be abused . This Man spake as he thought ; and I am mistaken if one that talks thus be well satisfied that Councils are infallible . If an instance be required of the truth of this expression of the Bishop of Albenga , it is found in this very Council , in the conduct of the Arch-Bishop of Granada , and of the Spaniards upon the question , Whether our Lord did Sacrifice himself in the Institution of the Eucharist ? It is certainly an important question , the famous Controversie of the Sacrifice of the Mass depending absolutely upon it . The Arch-Bishop and his Partizans after the decision of the matter , persevered in their Opinion , and even in their opposition , until the very moment the Decree was published . They were not , in all appearance , convinced that the Council was infallible ; but on the contrary , they seemed strongly persuaded that it had erred in a point of Doctrine of great importance .

These are the Principal reasons brought by the Protestants to evince that they cannot with justice be obliged to submit to the Decisions of the Council of Trent . They have also other Reasons that persuade them that they are obliged not to submit to it : as that they believe that this Council hath established Errors that destroy the true Religion . But it is not our intent to report or examine them .

It is manifest that the understanding of the Reasons we have produced , does wholly depend upon knowing the History of this Council . And consequently it is highly necessary for all such Protestants to be well instructed in this History as are desirous to be able to defend the refusal they make as Protestants to submit to the Council of Trent . The difficulty may be , to find a faithful Historian who may be credited in the matter . For it is certain that every one is not to be believed in it . We are told , that the Collections that the Lutherans may have made upon the conduct of the Council , can deserve but little Faith ; that they were Parties ; that Objects are strangely transformed by Passion ; and that a relation by the Pen of an Author partial and byassed carries with it the tincture of his Passions . But it hath pleased God in his Providence to raise up even in the Church of Rome , a Wise , a Moderate , a Judicious and sincere Man , one that in a word was the greatest Man of his Age , who hath carefully wrote this History . He has all the Perfections required to compleat an Historian . Of great Judgment , and Abilities , strong and clear Sense , perfectly instructed in Affairs , of a vast penetration , and one that wanted no kind of assistance needful to the compleating his Work . When this Author began to appear in the World , the memory of the Council of Trent was still fresh in Mens Minds ; so that he may very well pass for a contemporary Author . He was a Neighbour to the place where the things he writes of had been transacted . He lived in a City full of Curious Persons , who had collected Memorials of what had passed in this great Affair : and was himself one that kept correspondence with all the Learned Men of Europe . Nay , he had great intimacy with Oliva Camillo , who had been Secretary to the Cardinal of Mantua Legat and President of the Council in the last Convocation ; and there is no doubt but he drew considerable advantages to his Work from such a Person , who had been an Eye-witness of all that had passed . Now since this Author was neither Lutheran nor Protestant , he is not in reason to be suspected of the Church of Rome : and as he was no servile Idolater of the Roman Court , he ought not to be suspected of the Protestants . There shines indeed throughout his whole Work an Air of sincerity and honesty , which happily united to his vast Abilities has made him pass as unquestionably the ablest of his Age in the Art of writing History . But in an Age so depraved as ours , it is dangerous to be honest . The Sincerity of Father Paul hath raised against him a multitude of Enemies . The Court of Rome endeavours to make him pass for a Villain , an Impostor , and the most Profligate of Men ; and his Work for a malevolent and poisonous Satyr . And yet to so many important Truths by him laid open to the World , nothing but Scurrilities are opposed ; till at last after forty years Cardinal Pallavicini it seems bethought himself to publish a new History of the Council of Trent , or if you please an Answer to Father Paul , for he cites him and refutes him in every Page . This Work appeared with all the External Advantages that can well recommend a Book . It had Pope Alexander VII . to whom it was dedicated , for Patron ; and for Author , one of the , so called , Princes of the Church . One that was of a Society well acquainted with the Arts of engaging Mens Minds ; and one that in this Work defended a Darling Cause favoured and supported by the Number and Quality of its Partisans . And yet with all this , he has not been able to attract all that applause and approbation that the Court of Rome had hoped . Men judged that he came much too late to instruct them in the Transactions of this Council . Nor indeed is an Opinion once setled so easily shaken off . After having left not be forgotten , he takes care to have it repeated in an Epistle Dedicatory , that he causes his Bookseller to make to the second Volume . Yet all that knew him affirm him to have been one of the most Wise and Pious Men , of great Moderation in his Passions , and very Religious . The Proof the Cardinal brings of his Accusation is this , that Father Paul having all the Heretical Opinions , did yet live in the Communion of the Catholick Church ; which shewed a setled Contempt of Religion . This sure is a rash way of reasoning . It is true , that by the Principles of the Court of Rome Father Paul was a Heretick ; for he did not believe that the Pope was absolute Lord of the Church , that he had Power to Excommunicate Princes , and interdict their Dominions at his pleasure : He did not believe there was any Obligation for a blind Obedience to the Pope's Commands : He did believe it very possible for the Pope to err , and that there is no submission due to his Errors : And he highly disapproved that corruption in Discipline and Manners every where prevalent , but chiefly in the Papal Court . I must confess that according to the Principles of Cardinal Pallavicini , and those of his Party , this is enough to make him pass at Rome for Impious and an Atheist . And yet Father Paul in all his contests with the Pope for the Republick of Venice , hath always spoken of , what they call , the Holy See , with the greatest respect imaginable . He lived and died in his Religion with the greatest Devotion in the World . He was most exact in the observation of all the Ceremonies of his Church . And though he was of a nice and tender Constitution , yet would he never dispence with himself in the keeping of Lent , even to seventy years of Age. In a word , he was an Atheist after the same manner that an infinite number of Persons of Vertue and Honour in France , Flanders and Germany are so , who will not be Slaves to the Court of Rome , who wish that several things were reformed in the Church ; and yet disapprove the Separation of the Protestants .

It had been a surprizing thing , for a Jesuit to write the History of Lutheranism , without frequent Blows at Father Paul , It is not therefore to be wondered at , if Father Maimbourg treats him sometimes a little roughly . Though it must yet be said , that he does it with less rudeness than the Cardinal . As I do not judg it needful to enter into the Particulars of the Accusations of Cardinal Pallavicini for the justification of Father Paul , because it would draw me too far ; so for the same reason I shall not amuse my self to justifie him in certain matters wherein Father Maimbourg accuses him ; though it were very easie to shew that Father Paul is more in the right than Father Maimbourg .

But yet I cannot but here take some notice of what a sufficient known Author says in a little Book , containing Reflections upon History , and upon the Art of writing History . This Author judges of the Quality and Merit of Historians methinks after a very Magisterial manner . Among others he speaks of Father Paul , and says ; Pag. 125. Never was anything written with greater wit , or with less reason and truth . He is facetious upon all occasions , that he may not be thought angry ; and is much too airy in a subject so serious . If this Author had consulted Thuanus , to whom the French owe some respect , his History being an honour to their Country , he would not have given such a Character of the Historian of the Council of Trent ; for he would have seen that these two great men do perfectly agree . For my part , by our modern Authors good leave , I shall much rather give credit to M. de Salo , a famous Counsellour in the Parliament of Paris , Author of the first Journals under the name of the Sieur de Hedouville : And thus he speaks in the Journal of 23 of March , 1665. As Cardinal Pallavicini has ordered it , one cannot read nor understand his Book , without also reading Father Paul's . And then there is some danger , that History being very well done , that one may prefer it before the Cardinals , which may be truer , but is not more probable . It is easie to ununderstand the meaning of these words from so prudent a person as M. de Hedouville . I am tempted to believe that the Author of the Reflections upon the Art of writing History has never read the History of Father Paul , because he says that that Historian makes mirth with every thing , and is much too airy in so serious a subject . Whereas never was any Work of a more different Character , more wise , more moderate , more free from foolish trisling mirth . So that , because in the body of so large a Work there are found some few Railleries of Persons dissatisfied with the Council , reported with the fidelity of an exact Historian , to call this a continual drolling , is willingly to expose his Reputation and his Judgment . But if in this particular I was much surprized , I could hardly believe my eyes in reading another Period some few Pages following in the same Book ; That this History is a Satyr upon the Roman Church and Religion , Pag. 130. of which he exposes a train of knaveries , to be revenged of the Pope , for deluding him with the vain hopes of being made a Cardinal . This is surprizing indeed and permission , and with a Preface giving it high Eulogies of Sincerity . But France is not a place where Libels and Satyrs against the Roman Church are published with approbation and permissión .

True it is , that Father Paul lays open the very bottom of the conduct of the Roman Court , and plainly shews it to be governed meerly by humane Policy . Yet are his Enemies very imprudent to impute that to him as a Crime ; because that Imputation constrains his Defenders to make it apparent that the History of Cardinal Pallavicini is a thousand times more injurious to the Council of Trent and to the Court of Rome , than is that written by Father Paul . This latter indeed is accused to have expressed discontent and spite against that Court , for discovering the Maxims of its Policy ; and shewing its aim to be onely Power and Greatness ; and that it had no regard to the Interests of Piety and Religion . But it is most certain that Cardinal Pallavicini does expose it under that Character extreamly more than Father Paul . The Father contents himself with remarking its Conduct , and giving us the History of its Actions , without saying much of its Maxims . But the Cardinal gives us the naked View of all the Maxims of the Roman Polity , shews us the very Basis of it , and that it consists of humane and carnal things , blended with things dangerous and criminal . It is true , that in proposing the Maxims of this Polity , he undertakes also to defend it ; and makes a mighty merit of it in those that are the Guides and Directors of the Roman Church : whilest those that are of contrary Sentiments pass with him for sottish , ignorant and blind Zealots . But in praising these Criminal Maxims , he does not make them better . The difference between Father Paul and Cardinal Pallavicini is this , Father Paul in giving us the History of the Polity of the Court of Rome , has done it in such a manner as plainly shews his dislike of it ; and Pallavicini represents it too as it is , but wounds it deeper by his Apology , than its Enemies do by their most severe Invectives . For had he gone about to shew us , that the Maxims of the Court of Rome , and the Principles of its Morals , are directly opposite to the Spirit of Christ and Christianity , he could have gone no better way to work . The Gospel represents the Church as a Society of People who should take up their Cross , ●enounce the World and worldly Maxims and Policies , and even themselves ; who should despise the Pomp , the Wealth and Pleasures of the World , and onely glory in their sufferings , their Poverty , their Mortification , and their Good Works ; and who should draw Unbelievers to the Yoke of Christ by ways of mildness , by humility , and by the exercise of a sincere and ardent Charity . But let us see after what sort Pallavicini represents the Roman Church .

1. L. 1. c. 23. He confesses that she mixes in her conduct carnal and worldly Polity ; that her present Government is framed by the rules of this World , and maintains that to be according to the intention of Christ .

2. Ibidem . He confesses that the Churches aim is to augment her Wealth and Glory , and says , that she ought to endeavour to possess the perfection of humane happiness , for that Christ hath framed her in the most fit manner to enjoy such happiness ; and so as that if Plato and Aristotle were living , they would avow that according to the Rules of their worldly Wisdom and Philosophy , L. 12. c. 3. there could not be a more noble and excellent form of Republick , than the Christian .

3. And therefore , as according to the Idea of the Wise Men of this World , a Republick to be fortunate and well formed , ought to be opulent , flourishing in Wealth , abounding in pleasures , and full of Wise Men according to humanity , L. 19 c. 9. L. 17. c. 10. L. 23. c. 3. Introd. c. 6. L. 24. c. 12. so he will needs have it that the Church should be the same , and confesses that the Church of Rome is formed upon this Idea .

4. In owning that this Church makes use of all the ways , accused for Simonical , to heap up Money , he undertakes to defend this Simony , and all the means she uses to maintain her Opulence ; as First-Fruits , Pensions , Commendams . Pluralities , frequent Jubilees , Indulgences , and Dispensations given for mony .

5. L. 1. c. 2. & alibi passim . Introd. c. 10. He ridicules those that would reform the Church according to the Model and Idea that the Gospel gives us of it . He terms such a Reformation , an imaginary Whimsey , only sought by People pushed on by blind Zeal , and filled with extravagant conceptions : Men that are enslaved to vulgar Opinions , L. 1. c. 25. L. 16. c. 10. who know nothing of the World , nor have any understanding in Affairs . Pope Adrian VI. who acknowledged the corruption of the Court of Rome , and was willing to have reformed it , was , according to Cardinal Pallavicini , one of those blind Zealots who feed themselves with vain imaginations : His designs were abstracted Ideas , L. 2. c. 6. lovely in contemplation , but whose form bare no proportion to the condition of the matter . He was to blame to make so free a confession of the corruption of the Court of Rome ; L. 2. c. 7. it was too severely to censure his Predecessors ; and an indiscreet Zeal : In a word , such kind of People are the very Pests of publick Tranquillity .

6. L. 17. c. 14. According to Pallavicini , nothing is more horrid to the Church than Poverty , and she ought to nourish this abhorrence in the minds of Men ; and her self strive to avoid this evil . L. 9. c. 9. Those therefore who say , that the greater part of the Goods of the Church ought to be given to the poor , are the Churches Enemies ; and the Cardinal maintains that to do so were directly contrary to the humane happiness of the Church , to Gods Institution , and to Nature . Ibidem . He approves very well that the Goods of the Church be employed to maintain the pomp and lustre of the Court of Rome , composed of Cardinals , Abbots , and the rest of the numerous Officers . L. 8. c. 17. He pretends that it is by this splendour that Infidels and Mahometans may be converted to the Faith .

7. And the better to bring in Infidels , and preserve to the Church those that are already of it , according to Cardinal Pallavicini the Court of Rome treasures up delights and pleasures , affects Shews and Theaters , and therein to out-do the magnificence of the World , that so the World may be vanquished by its own Weapons . L. 1. c. 3.

8. In all respects , according to Pallavicini , the Court of Rome sets itself to make Laws to flatter Sense . L. 1. c. 25. It is not , says he , Gods intent to root out of our minds our natural Inclinations : Men are naturally fond of Pleasre , Wealth , and Honour ; and averse to Poverty , and meaness , &c. Introduct. c. 8. it is fit to accommodate the Laws , and form the Church according to these inclinations ; regard must be had to the dregs of Adam , and to what sort of People we live among . It is a Maxim not absolutely true , that Evil is not to be suffered to the end that Good may come of it . The Cardinal proves it by the Example of those dissolute Women , who are prompted to prostitute themselves ; L. 2. c. 8. Come sivide nella permissione delle meretrici . According to this Maxim things must be suited to the Frailties of the Persons of which the Church consists , and they must be so governed as God and Nature send them into the World .

9. L 9 c 9. He represents the Church of Rome as averse to Reformation . L. 9. c 16. It is a Word , says he , that will always sound ill , not onely in the Ears of the Courtiers , but of the strictest Fraternities . And therefore he confesses that the Reformation made by the Council of Trent was very inconsiderable , and yet it is despised at Rome , where its Canons are dispensed with , and its Decisions eluded ; because the Council ordained that no Dispensation should be granted but for weighty Reasons : L. 23. c. 8. It is judged , says he , that the great Sums that are given for the purchase of Dispensations , are a sufficient Reason to grant them .

10. According to Cardinal Pallavicini , Men are called by the Court of Rome to the Priesthood , and other sacred Functions , whose business is the Salvation of Souls , by the hope of Pleasure , Wealth , and Greatness . From thence is the Spring and Origine of their Vertue ; from thence their Calling : and that which awakens and animates their Zeal is the hope cherished by each Individual of becoming a Bishop , L. 1. c. 25. a Cardinal , L. 3. c. 10. and even Pope . Thus Ambition and the desire of Glory are the Spurs that quicken and excite Men in the service of the Church . L. 12. c. 5. It is therefore that the Church heaps up Riches , Crosiers , Mitres , and Benesices , to draw Men by these cords of Humanity . Judg then what must be the Zeal of these Pastors , who are only moved by these worldly things to consecrate themselves to God . L. 8. c. 17. And yet , says Pallavicini , the Court of Rome holds that Abundance is the Breast that nourishes Vertue in the Church . L. 23. c. 3. & L. 1. c. 25. And therefore in the same Spirit he maintains , that humane Felicity and temporal Prosperity may be sound at Rome and in the Pope , as in their natural Spring . That all the World ought to pay Tribute there to support the Majesty of that Court : And that as the Sacraments though Corporal , are the Sources of Spiritual Graces ; so the Goods of this World are Springs of Vertue in the Church . L. 23. c. 12. L. 8. c. 17. L. 6. c. 3.

11. As for the Pope , according to the Maxims of the Court of Rome , he is Monarch of the Universe , his Power unlimited and independent of all Creatures ; all Kings ought to be his Tributaries , and he may dispose of the Estates of all Men though against their will . L. 1. c. 25. L. 2. c. 26. The Pope is as the Stomach of the Body of the Church , to receive all the Goods of the World , and distribute them to the Members of the Clergy . L. 24. c. 10. He says it were no harm if the Pope were actually Master of all the possessions of the World to distribute to each according to his merit , without any regard to the rights of Inheritance , by which those matters descend from men to their Posterity .

12. As for Councils , they are , say they , more than unprositable Assemblies : they are the most Fatal Conjunctions that are made in the Heaven of the Church . He owns that the Court of Rome , L. 16. c. 10. when the convening of the Council of Trent was spoken of , Introduct. c. 10. was extremely fearful and apprehensive of it , and did all that was possible to prevent it ; and that chiefly because Councils are apt to meddle in reforming . It would be therefore a tempting of God , to assemblies a General Council : L. 16. c. 10. and such Assemblies do commonly threaten a Schism .

13. L. 1. c. 25. He says it is a folly to think of reforming the Present Church according to the Model of the Ancient Church . He makes Lainez say , L. 21. c. ●● . that those who required the re-establishing of Canonical Elections , were provoked thereto by instinct of the Devil . L. 23. c. 10. He says it is great foolishness to believe that what is Ancient , is better than what is New : that the Church was in her Infancy when she was so severe , but that now her Decrees are of a riper and more advanced Age : L. 1. c. 25. that Societies change as Bodies do , and are to be governed according to their Age : that the Church is to live after another manner in a more refined world : L. 6. c. 4. that what is called corruption , is a refined conduct of Ecclesiastical affairs , requisite for the times : Introduct. c. 8. that to talk of the Worlds being worse now than heretofore , is nothing but vain prattle , and the Sentiments of those whose minds are enslaved to Vulgar Opinions : that it were as ridiculous to go about to reduce the Church to her first Purity and Simplicity , L. 1. c. 15. as to think to oblige men to live upon Acorns . The first Councils understood nothing with their holiness and simplicity . The Council of Trent was composed of men of Worth and Parts , that understood the World . When Philip II. took Trent in his way to Spain , the Legates made him a Magnificent Reception . They causes a Palace to be erected upon the River of Adige , three hundred paces from the City , and treated him there with a noble Entertainment , with a Comedy , Dancing , and all sorts of Divertisements ; that Prince himself dancing there . Father Paul had forgotten this Notable Passage ; tho so singular and remarkable . The Ancient Councils , consisting of men un-refined , gave no Entertainments with Balls and Comedies . This is the Picture Pallavicini gives us of the Conduct and Maxims of the Council , and of the Court of Rome . And has he not given it an admirable Description ? Has Father Paul done any thing like it ? Has he ever said any thing more injurious to it ? Or is it possible for the greatest Enemies of the Church of Rome to give a more hideous Portraiture of the Morals by which they govern themselves at Rome ? Let it be no more said , that Father Paul , under the name of a History of the Council of Trent , hath made a Satyr against the Court of Rome . For a hundred such Enemies as Father Paul can never prove so injurious to it , as the Illustrious Historian has who undertook its defence .

But let it suffice to have spoken thus much of Father Paul's Work , a word or two now of our own . In reading Father Paul's History one may remark two things : The first , that it is filled with things absolutely necessary to be known of all men , but more particularly of the Protestants . The second thing is , that it is full of Theological Disputes and Reflections : which makes it indeed most useful for Divines ; but less fit for others . There is scarce any , but a Profess'd Divine , who could have the patience to read a Folio Volume of seven or eight hundred Pages , of which two Thirds are most subtil and intricate School Disputes . Which having already been tedious to the Bishops who were of the Audience , it is not to be thought strange that they are now tiresom to the Readers . So that altho this Work be exquisite in its kind , yet it must needs be owned that it is useful but to a few .

The Original is in a Language that not many in this Country understand . The Translation that we have of it , is not new enough to satisfie such as can suffer nothing in our Language that has an air of Antiquity . Both the Translation and the Original are full of Graces that can never decay . And yet it is not to be denied but this Work hath lost some of its Beauties by changing Language . For these Reasons it falls out that this excellent Book is not so much read as it ought to be . It has been therefore conceived that the rendring this Work more Popular would be of great use to the World . And that is the Design of the present Undertaking , there being nothing of importance forgotten here , yet Brevity is observed . And as for the Theological Disputes , you have here all that is Essential in them for the knowledge of the Nature and State of the Controversies that were managed in the Council of Trent . You have the Principal Arguments made use of by the several Parties for maintaining their Opinions . But the tedious Discourses of the Divines and Prelates , which Father Paul reports at length , and with great exactness , are here omitted . This History will at least serve for these two ends : the one , to occasion that abundance of People will inform themselves in the Conduct of this Council , who had never done it , if they had no other means but that of Father Paul's Voluminious Work . The other , to refresh the memory of those that have read that Work , and let them review in little what there they saw more at large .

In some places there is a diversity as to Order between this History and that of Father Paul ; his being written in form of a Journal ; which is the most proper indeed for exactness , but is not always so pleasing to the Reader . Great Affairs very rarely happen without interruption , several things intervene , and one and the same day may produce divers great Events . So that in observing the Order of Days , one is obliged to take the Reader from a subject of which he would fain see the Issue , and that makes him uneasie . In this History therefore the Connexion of things is observed ; which in that of Father Paul are divided . And tho I have here observed the Order and Number of Books , yet there are many things in Father Paul's History at the end of the Books , which are at the beginning here . Nay , there are some in a quite different Book ; as the circumstances of the great Quarrel between the French and Spaniards for Precedence . They are dispersed in the three last Books of Father Paul ; but are here brought all together in the beginning of the eighth Book . This hint was necessary , because such as may have the Curiosity to read any Transaction at length , or to compare the two Histories , not finding their matter just where they looked for it , might question the fidelity of the Present Historian . But I begin to perceive that the length of this Discourse , is a little contrary to the Design of this Work . For it being composed in favour of those who have little leisure or inclination for long Reading ; it is to be feared they will complain , we have been somewhat too tedious in the Introduction .

THE HISTORY OF THE Council of TRENT . BOOK I.
LEO. X.

IN the beginning of the fifteenth Century , the See of Rome being then universally acknowledged as Supreme in all the Western Provinces , the state of the Church was peaceable and quiet enough . There was indeed in the Valleys of Piedmont a remnant of people , supposed to be descended from the Waldenses and Albigenses , that retained the Opinions and Worship of their Ancestours , and could neither be totally destroyed , nor yet reduced to obedience and subjection : but these Mountaneers , being a dull and ignorant sort of people , were incapable of forming any considerable party , or of propagating their Sentiments amongst others ; and the rather because that all their Neighbours were possest with a bad opinion of them , and had them generally in abhorrence and detestation . There were also in Bohemia some of the same Waldenses , who went by the name of Picards ; and some of the followers of John Huss , called Calixtins and Subutraquists , because they did communicate in both kinds . But these last cannot be said to have been enemies , seeing in all things else they were conformable to the Church of Rome ; and though all these Separatists could have united and joined together in judgment and interest ; yet , were they unable to make any great party , or to cause any considerable revolutions .

Contests betwixt Pope Julius II. and Lewis XII . of France . It is true that in the beginning of the same Century , the Church of Rome had been threatned with a Schism , through the conduct o● Pope Julius II. a man of a turbulent , haughty spirit , and a lover of War : for in the contests he had with Lewis XII . of France , he had proceeded even to the excommunication of that Prince . Lewis on the other side made a party against Julius , and the Cardinals whom he had gained to his Faction were assembled at Pisa , in order to the holding of a Council , and electing of another Pope ; but the Death of Julius happening opportunely at that time , put a period to those differences . Leo X. of the House of Medicis was chosen in his place , the eleventh of March 1513 , who quickly re-united the separated Cardinals , and reconciled the King of France to the holy See .

Leo X. had many good qualities for a Prince , but few of those that are requisite for a good Pope : he was liberal , generous , gentile , civil , courteous , and a lover of men of learning ; but he was not over Devout , nor much addicted to the affairs of Religion . He was magnificent and very expensive ; insomuch that for a supply to this profusion , he was soon forced to betake himself to the means often practised by the Court of Rome for raising of Money ; Leo X. sends Indulgences into Germany . I mean , the emission and publication of Indulgences . Laurence Pucci Cardinal of Santiquatro advised him to this expedient : The original of the tribute of Indulgences . and it was a kind of Tribute that took its rise in the Church after the eleventh Century , and owes its original to the Croisades , which were made at that time for the expedition and conquest of the Holy Land . Urban II. granted Indulgences to all that would list themselves under the Cross , and engage in that expedition . In subsequent Croisades , the same Indulgences were granted to those who not being able to goe in person , did send a Souldier to the Holy War : at length those who desired the benefit of the Indulgences , but would neither goe nor send to the War , purchased their exemption by money . In process of time , whensoever the Court of Rome stood in need of money , they published a distribution of Indulgences in favour of all that would contribute to their necessities . Then were Rates set on Sins , and he that had a mind to compound knew what he was to pay for the Crime he desired a Pardon for . Leo X. caused therefore a Sale of these Pardons to be published , in all the Provinces subject to the Church of Rome , and gave to his Sister Magdalene married to Francesco Cibo Natural Son to Pope Innocent VIII . the profits that did accrue from the distribution of these Indulgences in the Province of Saxony , and a great part of Germany . Magdalene , for raising of this Tribute , made use of one Arembold , who from a Genoese of the Lutherans from the Church of Rome : for on the one hand , the Universities of Louvain and Cologne burnt the writings of Luther : Luther burns the Pope's Bull , and the Book of Decretals . and on the other Luther assembled the University of Wittemberg , and obtained a sentence , whereby not onely the Pope's Bull , but all the Decretals were condemned to the flames , which was accordingly executed . At the same time , for his own Justification he published a Manifesto , wherein he accuses the Pope as a Tyrant , for having usurped a Supremacy over Kings and Princes , and corrupted the Doctrine of the Church ; the Pope was thought to have raised this storm by his Precipitance , and by an unseasonable and ill weighed Zeal ; nor indeed could the more moderate approve the Bull of Leo , they thought it violent , and were amazed that with so little formality , he had ventured to decide matters of so great importance . And as every one had a lash at that Bull , so the Grammarians were pleased to play upon a Period in it , consisting of four hundred words , inserted betwixt these two inhibentes omnibus , and these other , nè praefatos errors asserere praesumant .

The Emperour Charles the Fifth , after the Death of his Grandfather Maximilian , being in the Year 1520 chosen Emperour , next year after held a Diet at Wormes , concerning the Affairs of Religion . Luther cited to Wormes before the Emperour Charles the Fifth . Luther was cited thither , came under safe conduct of the Emperour , and appeared before him on the 17th of April ; there he was exhorted to burn his Books , and to recant ; but he answered with the same resolution that brought him thither ; for his friends had done all they could to divert him from that Journey , and had no other answer from him but that if all the Devils in Hell had conspired against him , yet would he not be hindered from going thither , from appearing , and maintaining his opinions ; all that can terrifie a man or daunt a heart , was employed against Luther in that Diet , but without any success ; He would neither recant , nor condemn his Doctrine . for no more could be obtained from him , but an acknowledgment that his manner of writing was too eager and violent , which he promised to mend for the future ; they were about to secure his Person notwithstanding the Emperour 's safe conduct , according to the procedure of the Council of Constance in relation to John Huss ; but the Electour Palatine withstood it , and Charles the Fifth himself being unwilling either to stain his reputation , or violate his promise by such a Treachery , sent him home , resolving to prosecute him by fair means , and to give him his hands full on 't in an open Trial. Accordingly he was the same year , and in the same Assembly accused and sentenced by an Edict past the 8th . of May , whereby Luther's writings were condemned to be burnt , The Edict of Wormes against Luther . his Person to be seized within twenty days , and committed to prison , with strict prohibition to all Princes and States to harbour or relieve him : but for all this the Electour of Saxony secured him in a Castle , where he continued Nine months , no man knowing where he was . And now did every one reckon it an honour to appear in publick against him ; the University of Paris condemned his Doctrine . Henry the Eighth of England , Henry VIII . King of England writes against him . who had followed his Studies in order to have been Archbishop of Canterbury before the Death of his Elder brother , wrote likewise against him , for the seven Sacraments , and the Authority of the Pope . Leo X. was gratefull to that Prince ; and in recompence gave him the Title of Defender of the Faith , which the Kings of England bear to this day . Luther answered all these writings , not sparing Henry the Eighth , whom , without any respect to his dignity , he answered with much sharpness and severity . All Europe was presently full of these writings ; and the heat of the controversie and quality of those who engaged in the quarrel excited the Curiosity of many ; every one was willing to know and pry into the matter under debate , and that was the reason why many espoused the Party of those who condemned Corruptions , and demanded the Reformation of the Church .

Zurich receives the reformation of Zuinglius . At the same time Zuinglius made great Progresses at Zurich : The Bishop of Constance having sent thither the Pope's Bull , and the Edict of the Emperour , exhorted the Senate to banish Zuinglius , and to continue in Submission and Obedience to the Church of Rome ; but Zuinglius wrote back to the Bishop concerning that matter , and to all the Cantons of Suisserland . The Senate , at length , appointed an Assembly of all the Divines within their Jurisdiction ; the Bishop of Constance sent thither James le Fevre , his great Vicar , who was after Bishop of Vienna . This man did what lay in his Power to break up the Assembly , and to obstruct all Debates about matters of Religion . Zuinglius persisted , and , in fine , the Assembly being dissolved , the Senate made an order that the Doctrine of the reformed Religion should be preached with full liberty . This so sudden and violent growth of the Distemper , made all People wish for a general Council , as the onely remedy for restoring peace and tranquillity to the Church . The Princes desired it in hopes by that means , to provide against the Usurpations of the Priests and Bishops , who daily invaded the Estates of Seculars : the People longed for it , for the reformation of the manners of the Clergy which were horribly corrupted ; the See of Rome seemed to desire it , to support its tottering Authority : but Luther and his Adherents protested from the beginning , that they would not submit to it , unless it were free , and the Controversies decided onely by the word of God . The Pope dreaded this remedy worse than the Disease ; he apprehended an Assembly where his Authority might be struck at , and those Abuses reformed , from which the Court of Rome reaped so much profit ; besides all this , he was at a stand about the choice of the place , he would with all his heart have held the Council either at Rome , or in any other Town of the Ecclesiastick state , where he might have been absolute Master ; but he foresaw that this design must meet with great opposition ; however his death which happened about the latter end of the year 1521 put an end to all his perplexities .

ADRIAN . VI.

After the death of Leo X. Adaian VI. is chosen in his place . On the Ninth of January 1522 Adrian born in Utrecht , was chosen in his place ; this Election was somewhat rare , because Adrian at that time was absent from Rome , and himself not so much as known there ; he was then in Biscaye , and at Victoria received the News of his promotion ; but arrived in Rome about the end of August the same year .

Adrian was reckoned an honest and well meaning man , P. Adrian desires to reform the Church . that did not approve the disorders of the Court of Rome ; he looked upon the Doctrine of Luther as foolish and stupid , not thinking it capable to make any great progress , but that those who had embraced that party , had onely done it to be revenged of the Clergy , for the oppression they suffered from them , and for the aversion they had to the manners of the Church-men ; so that purposing by all means to pacifie these troubles , he took a resolution of reforming the Court of Rome . As for the Doctrine he was onely of opinion to give some Explanations concerning the Efficacy of Indulgences , declaring that that Efficacy depends upon the works of those that receive the Indulgences ; so that they who neglect , or perform amiss the works imposed upon them , receive no benefit from the Indulgences , but in proportion to their works . Cardinal Cajetan a man consummated in School Divinity , was , at the bottom , of the same Judgment with Adrian ; but he told him however that that Doctrine was not to be divulged , because it would extinguish the Zeal that People had for Indulgences , and lessen the Authority of the Pope ; for , said he , if once the People be perswaded that the Efficacy of Indulgences depends upon their own good works , they will look upon themselves as the cause of the benefit they reap from them , and set light by the Pope , and the present that he makes them : and farther they will easily be induced to believe that their good works alone , are sufficient to procure them a full remission , if they be allowed to think that the Efficacy of Indulgences depends upon their good works . These reasons did preponderate with Adrian , insomuch that he joyned in opinion with the Cardinal , who thought fit , that the rigour of the ancient penitential Canons should be revived , that thereby the Necessity of Indulgences might appear ; because when Sinners should see themselves obnoxious to twenty or thirty years Penance according to the Canons , they would then easily acknowledge the absolute Necessity of Indulgences , to ease them from such severe pains ; but the Congregation appointed by the Pope to enquire into that affair , could not digest that resolution , and Laurence Pucci Cardinal of Santiquatro powerfully withstood it .

But he could not succeed in the design of that Reformation . Adrian , in the mean while did not wholly lay aside the design of reformation : he sent for John Peter Caraffa Archbishop of Chieti , and Marcel Cazel Bishop of Cajeta , that he might have the assistance of their Councils , because both were held in great reputation for probity , and knowledge in the Discipline of the Church . He was minded to have abolished the use of Dispensations , and to have cut off every thing that looked like Simony ; but when he came to cast about for the means of effecting this , he found himself in great Perplexity . At length , Francis Soderin Cardinal of Volterre , put a stop to all these specious designs of reformation : He told the Pope that that was the way to puff up the Lutheran party , that it would be a great blow to the Authority of the Church , by a reformation to confess her possibility of erring ; that Hereticks would from thence draw great advantages , and that the holy See would by that means lose all its credit in the minds of the People ; he concluded that Croisades were the onely expedient to root out growing Heresies ; which he confirmed by the Instance of that great success obtained by Innocent III. in the ruine of the Albigenses by the way of force . Adrian yeilded to his reasons , seeing he could doe no more but sigh in secret for the Disorders which he could not remedy publickly . In the mean while he sent Francis Cherigat Bishop of Fabriano , to the Diet at Nuremberg ; he wrote to the Princes , Adrian sends a Letter into Germany confessing that the Church and Court of Rome are corrupted . and particularly to the Duke of Saxony , exhorting them to extirpate the Lutherans by Fire and Sword . He confessed to them , that there were great abused in the Court of Rome , and that the original of all the Mischief came from thence , promising to remedy it , and in the first Place to reform the holy See , in imitation of our Lord Jesus Christ , who in reforming of Jerusalem , began at the Temple , out of which he drove the Merchants and Money-changers ; but he excused himself that that was not the business of one day ; at the same time he complained of the disorders of the Regular and Secular Priests of Germany , of which the one forsook their Monasteries to live again in the World , and the others married , to the great Scandal of the Church . The Diet made answer in a kind of ambiguous manner , but which did insinuate to the Pope , that all the Mischief sprung from the Court of Rome ; and that therefore before any violent course could be used against the Lutherans , it was necessary to attempt the Reformation of the Ecclesiasticks ; they demanded that the Annates which had been formerly appointed for carrying on the War against the Turks might be no more sent to Rome , but that they should remain in the Empire , in the hands of a Receiver to be named , for which he should be accountable . In a word , they solicited the Pope speedily to call a free Council in Germany , where all , as well Seculars as Church-men might have free liberty to speak their opinions . This discourse did not at all please the Nuncio , and therefore he addressed himself in a manner not very satisfactory to the Diet ; for his answer tended onely to let them know , that Germany ought to suffer with patience , and expect the Reformation from the holy See : and withall told them that he took it ill , that in demanding a Council , the Diet had added these words , with the Consent of his Imperial Majesty . The secular Princes who felt the oppression stopt not there ; they met by themselves , and formed that famous writing , which they called centum gravamina , the hundred Grievances ; the Nuncio had notice of it , but he departed before it was drawn up fair ; and therefore they themselves sent it to the Pope . These hundred Grievances related chiefly to the oppression that the Seculars suffered from the Church-men , the Usurpation of their Estates by the Clergy , the means practised by the Church-men and Court of Rome to pillage the People , the Annates , Reservations , abuse of Commendums , the selling of the Sacraments , and Burying , the Exemptions of the Clergy , and the manner of transferring Causes from Civil to Ecclesiastick Courts . And because the Emperour Charles the V. was then in Spain , the Diet that was held in his absence , did both act and speak with greater Liberty : so the Recess , that is to say , the Decree of the Diet past sixth of March 1523. and immediately thereafter all the Memoires of it were printed ; to wit , the Pope's Brief , the Nuncio's instructions , the Diets answer , and the hundred Grievances . Those that were engaged in the Interests of the Court of Rome , were not well pleased to find in the Brief the frank and ingenuous Confession of Adrian , that the original of the Mischief proceeded from the Corruption of his Court , and the looseness of the Discipline and Manners of the Church . This Diet did certainly much forward the Affairs of the Lutherans : but Adrian lived not long after the Return of his Nuncio , for he died the 13th . of September 1523. without being much lamented by the Court of Rome , who stood in awe of his Probity , and the sincere Intentions which he still retained in his Heart of reforming the Abuses of that Court.

CLEM. VII .

Adrian dies without any thing done . Julius of Medicis is chosen in his place by the name of Clement VII . On the nineteenth of November , Julius of Medicis , Cosin to Leo X. was chosen Pope , who took the name of Clement VII . he was certainly a man of less vertue than Adrian , but of more wit , greater politick cunning and address , and more skill in the true interests of the Court of Rome . He took a course quite opposite to that of Adrian , and was not of opinion to acknowledge so frankly the disorders which he intended not to meddle with . Nevertheless seeing he observed in the centum gravamina , He sends another Legate into Germany to the Diet at Nuremberg . that most of the Articles referred to the German Clergy , he thought fit in some things to satisfie the Germans . He therefore sent Laurence Campeggio Cardinal of St. Anastase to the Diet at Nuremberg , which was held in the year 1524. he gave him his instructions to act and speak in that Diet , as if he had been wholly ignorant of what had past the year before under Adrian : for the Cardinal spoke not a word of the hundred Grievances , but onely offered a Reformation of the inferiour Clergy . The Diet made answer that they were in the same mind as they had been the year before , and that they had given in writing what they demanded , and what they thought necessary for composing the troubles of Religion . The Cardinal answered that neither the Pope nor he had ever heard of any Writings being presented to the College of Cardinals ; that indeed some Copies of the centum gravamina had been seen at Rome , but that it was not believed , that that Writing had been framed by the Princes of the Empire , but was rather looked upon as the work of some private person a great enemy to the Court of Rome . He added , that the Pope was ready to satisfie the Germans touching the Reformation , and that he himself had a full power to set about it . The Diet built no great hopes upon these fair promises : however they deputed some Princes to confer with the Cardinal , but these conferences produced nothing at all ; for the Princes persisted in demanding the Reformation of the Court of Rome , and the Cardinal refused it , nor would he engage any farther , than in reforming the Clergy of Germany . In that he was as good as his word , for he made a kind of Reformation , which reached onely the puny Clergy ; but it was rejected by the Diet , who perceived that it made onely for raising the power and greatness of the Prelates , by lessening their inferiours . The 18. of April the Diet pass'd their Edict , the Emperour being absent , as he was the year before . Amongst other things it was concluded in that Recess , that a free Council should , by the Pope and consent of the Emperour , with all expedition be convened in Germany ; that the States of the Empire should assemble at Spire , to examine Luther's Books , and to advise about the measures that ought to be taken concerning matters of Religion till that Council were called ; and in the mean time that the Magistrates should take care , that the Gospel should be preached according to the Doctrine of Authours approved by the Church , and that no Pamphlets or Books injurious to the Court of Rome should be published .

The Legate assembles the Catholick Princes at Ratisbonne and obtains a Decree against Luther . The Legate being altogether dissatisfied with these resolutions , prevailed with the Catholick Princes to assemble at Ratisbonne ; where in presence of Ferdinand the Emperour's Brother , he got a Decree past against the Lutherans , which commanded that the Edict of Wormes should in all points be put in execution against Luther . He did more , for he perswaded those Princes to admit of that gentle Reformation of the Clergy , whereof he had proposed the Scheme ; and in a word , got these Catholick Princes to enter into a League defensive for the preservation of their Estates and Religion . The rest of the Princes and States of Germany , without whom this Assembly at Ratisbonne was held , complained loudly against it : but the Cardinal Legate did not much value that , his intention being onely to serve his Master according to his humour , by staving off the Council , and making a Reformation by the sole authority of the Pope , without the interposition of any other . And indeed , as affairs stood , Pope Clement was convinced that the calling of a Council was the most pernicious counsel that could be given him .

The Emperour is dissatisfied with the Diet of Nuremberg ; and writes thereupon sharply States of Germany The Emperour , who was in Spain , was as ill satisfied with the Edict of Nuremberg , as the Legate was : because the thought they had encroached upon his authority , in treating of affairs of that importance in this absence . He thereupon wrote to the Princes of the Empire pretty sharply , letting them to know that he did not take it well that they had infringed the Edict of Wormes , by which al Luther's Books were prohibited ; seeing by the Decree of Nuremberg , none but defamatory Libels , violent and reproachfull Writings were forbidden . He blamed them for having been too high and peremptory in their way of demanding a Council , that it was the Pope's concern and his own , and that they ought to have applied themselves to him , that he might have obtained it of the Pope . However , as to the main he confessed that he agreed with them in opinion , concerning the necessity of a Council ; which he promised to take care of , and have it convened in such time and place as that himself might be present . After all he charged them to assemble to more at Spire , and commanded them to obey the Edict of Wormes . The Germans could not tell what to make of this imperious style , who were not wont to be so treated by the Emperours Charles his Predecessours : but the Emperour knew what he did ; he thought thereby to draw the Pope to his side against the King of France , with whom he was then in War .

The supervenient Troubles stifle all thoughts of a Council . All things seemed now to look as if a Council should be held maugre the intentions of the Court of Rome but the following year 1525. produced such troubles and dismal revolutions , that there was a necessity of breaking off all Negotiations in Germany : the Bores revolted from their obedience to the Princes and Magistrates ; and being animated by a furious spirit of Anabaptism , which began that year to appear , they broke out into strange and astonishing disorders , in the Countreys bordering on the Rhine . The Battel of Pavia was fought in Italy , and King Francis the first , there taken Prisoner ; which success so raised the heart of Charles , that he thought nothing impossible for him to atchieve . This made the States of Germany begin to be jealous of their Liberty , and to enter into a League against the Emperour ; when at the same time the Pope grew likewise apprehensive of that Prince's power in Italy .

The Troubles being over , the Negotiations about matters of Religion were again renewed . The year following , the Negotiations about the affairs of Religion were again set on foot : and about the end of June the States of the Empire met and held a Diet at Spire , where were read the Emperour's Letters which pressed the execution of the Edict of Wormes . Hereupon there arose great Debates , some being for , and others against it ; and nothing less than a fatal rupture seemed to be threatned : but Ferdinand Brother to the Emperour , thought it no seasonable Juncture to carry it too stifly in that affair ; and therefore he condescended to the making of an ambiguous Decree , whereby it was enacted that the several Princes should in their own States govern matters of Religion , so as that they might be able to give the Emperour a good account of the same , to whom Embassadours were to be sent , to entreat him that within the space of a year , he would endeavour the calling of a Council in Germany , either General for all Christendom , or National for the German Nation alone .

The Pope clashes with the Emperour , and absolves Francis of his oaths that he had taken in Prison . The same year the Pope began to clash with the Emperour . The King of France being delivered out of Prison , the Pope treated an Alliance with him , dispensed with all the Oaths he had taken during his captivity , and made a League against Charles , into which he drew the Princes of Italy , and called it the Holy League . This Treaty was kept secret for some time ; but the Pope being no longer able to endure the conduct and actions of the Emperour , which tended evidently to the diminution of the Papal authority , broke forth , and wrote two Briefs to him , the one dated January 23. and the other the day after : the first was sharp , full of invectives and complaints against the conduct of the Emperour ; but particularly he expostulated with him for his invasions of the Rights of the Holy See , in that he undertook every where to make Edicts and Orders concerning matters of Religion , the cognisance whereof belonged onely to the Pope . The second was much milder , and took no more notice of the former , than if it had never been . The design of this Intrigue was to terrifie Charles by the threats of the first Brief , and to soften him by the promises of the second ; but that trick would not take . Charles who yielded to him neither in haughtiness nor cunning , answered him in the same manner by two Letters , of which the latter was delivered just next day after the former , and were each of them suited to the different style of the Pope's Briefs . In the first he found fault with the Pope's conduct , as not becoming the character of a true Pastor ; and having justified his actions by a long Narrative of all he had done from the beginning of the troubles , he protested that if what he wrote did not satisfie him , he would appeal to a holy general Council . His answer to the second Brief was in a softer style : and both his Letters were seconded with an Address to the College of Cardinals , wherein Charles spared not the Pope , exhorting them to call a Council , if the Pope should seem refractary , and promising them his assistance therein ; but withall declared , that if they granted not what he desired , he would by his Imperial authority provide for the affairs of the Church according as he should think convenient . These Letters wounded the Pope to the Heart , and brought him to an open Declaration , resolving to employ all his force both Spiritual and Temporal against the Emperour . He therefore caused his Forces to march towards Lombardy , to joyn the Venetians and the other Confederates , The Emperour provides work enough for the Pope within Rome , by means of the Colonna's who enter the City in Arms , and plunder the Vatican . who were in league for preserving the liberty of Italy .

Whilst these Negotiations were on foot , the Emperour fomented Divisions in Rome , and openly favoured a powerfull Faction formed against the Pope , by the House of Colonna . Cardinal Pompeio one of that House , supported by Vespasian and Ascanio both of the same Family , was wholly at the Emperour's Devotion , whose interests the Viceroy of Naples stoutly maintained ; the Cardinal , being a bold and daring man , said publickly , That it was the Destiny of his Family to be hated by Tyrannical Popes ; but that also it was their good luck to rid the Church of them . The Pope published a severe Monitory against him , and adjourned him upon pain of highest Censures to appear at Rome ; but finding that his Affairs went ill every where , he thought it not convenient to press these ways of rigour . He therefore patcht up an agreement with the Colonna's , and revoked the Monitory , which he had published against the Cardinal . The Colonna's in the mean time who saw into the Pope's politicks , did not rely too much on his promises : they armed their Friends and Subjects , and on the 20th of September , appeared in Arms near Rome on the side of Borgo di San Pedro. The Pope who expected no such thing , being in great surprise , thought of imitating the Example of Boniface VIII . and by putting himself in his Pontifical Robes , try if the Colonna's did inherit all the Audaciousness of their Ancestours , and if that House would dare once more again , to violate in his Person the Majesty of the Supreme Priesthood ; but he was better advised than to run so great a risque . He therefore put himself under the protection of the walls of the Castle St. Angelo , which were thought a stronger defence , than the Pontifical Habit. The Colonna's entred Rome , and plundered the Vatican and St. Peter's Church ; but the party of the Ursini having awakened those of their Faction , hindered them from advancing any farther ; so that the Colonna's were forced to draw out of the Town , to a place of retreat which they had provided near Rome . The Pope being reduced to this extremity , was fain to make a Treaty with the Viceroy of Naples , and a Truce for four Months with Don Hugo de Moncado , who commanded the imperial Army in Naples for the assistance of the Colonna's ; the Conditions of this Truce were , that the Colonna's and Neapolitans should draw off from the Neighbourhood of Rome , and that the Pope should recall the Troops which he had sent into Lombardy against the Emperour . This he did in effect , but against his will , as soon appeared : for no sooner was he reassured by the presence of his Forces , but he excommunicated Cardinal Pompeio and all of his Family as Hereticks and Abetters of Hereticks . The Cardinal was secure enough at Naples , from whence he published an appeal to the Council , which he caused in the Night time to be affixt in several places of Rome ; that Appeal struck Terrour into the Heart of Clement ; not onely because he was a Bastard , but also because he had stole up into the Chair by the slight of Simony , which the Cardinal could easily prove : and this was one reason that made him dread a Council above all things in the World , as fearing to be accused , and to meet with a party there , The War is renewed . Charles of Bourbon with the Imperial Army takes Rome , and makes the Pope Prisoner . every way as powerfull as Cardinal Colonna .

The year 1526 was spent in these stirs ; but next year after the War broke out with much greater flame and heat ; there was now no more talk of Treaties , nor of a Council , all was buried in silence by the rage of Arms. The Emperour had an Army in Lombardy , commanded by Charles of Bourbon a Prince of the Bloud-royal and Constable of France ; who falling into disgrace , had betaken himself to the Emperour's service , from whom he had received the Investiture of the Dutchy of Milan , and whereof he had made himself Master , in spight of the Efforts of the Confederates . This same Charles of Bourbon , advanced towards Rome , whilst the Viceroy of Naples on the other side brought his Forces into the Field against the Pope , pretending to call him to an account as a Truce-breaker , because of his procedure against the Colonna's . The Duke of Bourbon had in his Army , besides the Imperial Troops , fourteen thousand Germans almost all Lutherans , commanded by the Count of Fronsperg also a Lutheran : who , with his Soldiers aspired to nothing more than the plunder of Rome , that so they might revenge themselves of the persecutions that had befallen them from thence . About the end of January , Charles of Bourbon passed the Po , and put the Pope into a terrible Consternation , who expected no less than an ignominious Death : for Fronsperg who commanded the Lutherans , was a Man of a violent temper ; and through the interest of his party was so transported with revenge , that he caused an Halter to be carried behind his own Colours , wherewith he threatned to hang the Pope . This obliged Clement to make a second Agreement with the Viceroy of Naples , whereby they clapt up a second Truce for eight Months , upon no advantageous Conditions for Rome . The Duke of Bourbon , in the mean time , though he acted for the Emperour as well as the Viceroy of Naples , yet would not accept of that Truce , nor engage in the Treaty , when even the Death of Fronsperg who died of an Apoplexy , was a considerable loss , and deprived him of a valiant Commander . So on he marched , untill he came and encamped under the very Walls of Rome with a brave Army , but no Cannon . Next day after his arrival he made an assault by Scalade on the side of the Vatican ; and was there killed by a Musquet Shot which he received in the right Groin . The Imperial Army , notwithstanding , remained victorious , though vigorously opposed by the Pope's Soldiers , and Roman youth . The Town was taken by force , the Churches plundered , the Cardinals basely used , led about in procession riding on Asses in their Pontifical Habit , nay and some of them soundly bastonnado'd too . Nothing was spared in the City ; the plundering lasted three days , and all excess committed that the Rage of War could suggest . It was also very observable that ( as all acknowledge ) the Italians and Spaniards , who were so good Catholicks out-did the Lutheran Germans in Cruelty , in brutish baseness towards the women , greediness in plundering , and in barbarity towards the Cardinals . The Pope rejected the Counsel that had been given him of withdrawing and leaving the City ; but for safety betook himself to the Castle St. Angelo ; where being besieged , he was forced to render on discretion , and was detained Prisoner in the same place . The City of Florence , that groaned under the Government of the Medicis , laid hold on this occasion of regaining their Liberty ; for Cardinal Cortona who was Governour for the Pope , having left the place , the Citizens immediately , re-established their ancient Government , drove out the Medicis , and threw down their Statues . Whilst this Tragedy was acting , the Emperour was at Madrid ; and being a great Master in the Art of Dissimulation , seemed to be extremely affected with the sad Condition of the Church , and of its Head the Pope : At Valladolid , where he was when the News was brought him , he caused the publick rejoycings , that then were making there for the Birth of his Son , to cease : but made no haste , for all that , to set the Pope at liberty ; onely sent him great Complements of Condoleance for his Misfortunes , and ample Excuses for what had been acted against him , and , in the mean time , let him lie seven Months in Prison . Nor would he at all have been dissatisfied it the Pope had been brought into Spain , that he might have triumphed over him , as he had done before over Francis I. But the Spanish Prelates abhorring that design , he durst not push it farther ; onely he obliged the Pope to accept of ignominious Conditions of Peace , and for Caution , to give him up the Towns of Ostia , Civita Vecchia , Civita Castellana , and the Citadel of Forli , with his tow Nephews Hippolito and Alexander for Hostages . This being concluded , he had liberty to goe out on the 9th of December ; but he thought it not fit to expect the prefixed day , nor to come out as a released Prisoner ; he therefore retired by Night on the Eighth , under the disguise of a Merchant , and went to Monte-Fiascone .

During the troubles of Italy the affairs of Religion went ill for the interest of the Court of Rome : for the City of Berne in Suisserland following the example of Zurich , Zuinglius's Reformation gains ground in Suisserland . Berne and Basil embrace it . received the Doctrine Zuinglius . At Basil they broke down the Images , and the same year the Cities of Strasbourg , Constance and Geneva fell off from their obedience to the Church of Rome . These new Preachers had the boldness to preach the Doctrine of Reformation even in Italy , and in places subject to the Pope's Dominion , and amongst others in the Town of Faenza , which belongs to the Ecclesiastick State . 1528.

The Imperialists quit Rome . the Pope makes Peace with the Emperour . The year following the countenance of affairs was much changed in Italy . The French made great progresses in the Kingdom of Naples , and forced the Imperialists to abandon the City of Rome . This little interval wrought such an alteration , that the Pope was solicited to excommunicate the Emperour , and to depose him from the Kingdom of Naples ; but he found his Party as yet too weak to venture on giving so great a blow . He had , besides , other , prospects than those of his Allies , a great mind to recover Florence , and knew of none but the Emperour that could serve him that Design : for as to the Venetians and French , he was sufficiently perswaded , that if they had the better on 't they would leave the Florentines to their liberty . He therefore resolved to be reconciled to the Emperour upon any terms whatsoever . Throughout this whole year , his discourse was so submissive and humble , that for some time it was really thought , his afflictions had humbled him in good earnest . He often said that he would goe in person into Germany , and there lead so holy a Life , that all might take example from him , be converted and return into the bosom of the Church .

By this Conduct Clement succeeded in his Intentions , he moved the Emperour to compassion , who restored to him Civita Vecchia , Ostia , and the other cautionary Towns ; and by the mouth of Francis Guignonez Cardinal of Santacroce made him great offers on his part . Amongst other things , Charles obliged himself to re-establish Alexander de Medicis the Pope's Nephew in the Principality of Florence , and to give him Margaret his natural Daughter in Marriage . He promised him also assistance for recovering of the Towns of Cervia , Modena , Ravenna and Reggio , which the Venetians and the Duke of Ferrara had taken from him . Nor were the Lutherans forgot in this Treaty ; for the Emperour promised to employ his Arms against them , if no fair means could prevail . On his own part he demanded of the Pope the Convocation of a Council ; but nothing was then fixt upon as to that . And thus by this Treaty , which was held at Barcelona , the See of Rome did , as it were , in a moment , recover its ancient Splendour and Greatness , to the amazement of all Europe .

A Diet at Spire , where it is attempted to divide the Lutherans and Zuinglians . The same year , in the Month of March , there was a Diet held at Spire , where the Roman Catholicks powerfully bestirred themselves to divide their Adversaries ; and for that end industriously improved the difference of opinions that was betwixt Luther and Zuinglius concerning the Doctrine of the Eucharist . But the prudence of the Landgrave of Hesse hindered the effects of those intrigues ; many and great Debates past in that Diet about Matters of Religion : and at length a decree was made ordering the Edict of Wormes to be put in Execution in all places where it had been begun to be executed ; but as for other places where some innovation had been made , matters should continue , at least , as they were without farther proceeding untill the ensuing Council , and that in the mean time , no person should be permitted to turn Lutheran ; after all , the Decree ordained that the Celebration of Mass should be permitted every where , and that no new opinions should be started . The Electour of Saxony , with five other Princes , and fourteen of the chief Towns of Germany protested against this Decree , declaring that they could not recede from the resolutions that had been taken in former Diets , whereby every Prince was allowed to live in his own Religion , and to have power within his own Territories , either to establish the reformation , or prohibit the Exercise of the Roman Religion as he should think fit : And thereupon they appealed to the Emperour , and a free Council ; from this Protestation the Followers of Luther and Zuinglius got the Name of Protestants .

The Landgrave of Hess attempts an agreement betwixt Luther and Zuinglius , but without success . The Landgrave of Hesse , having in the last Diet well observed what might be the consequences of the difference in opinion betwixt Luther and Zuinglius , formed a design of bringing them to an Agreement ; and to compass this design , he assembled the heads of both parties to a Conference at Marpurg , which lasted all the Month of October . But these Conferences had no effect , flesh and bloud came in for a share , and both parties were too much addicted to their Sentiments to yield in any thing . Some time after , Luther wrote to one of his Friends , that he would not expose the Princes of his party to a greater hatred of the Romanists , by Adopting the expressions of the Zuinglians , which were detested by all men . And this probably was the consideration that hindered him from condescending to the agreement proposed .

The first interview of the Pope and the Emperour at Bologna : the Emperour is Crowned there by the Pope . In the Treaty concluded betwixt the Emperour and the Pope , it was agreed that the Emperour should receive the Imperial Crown from the Pope ; and that the City of Bologna should be the place where the Ceremony was to be performed . In order thereunto they met there in the Month of November , One thousand five hundred and twenty nine . They continued there four Months , and Lodged in the same place : During which time they had many and great conferences . The chief matters in hand were the means of procuring the Peace of Italy ; but especially the Destruction of the Lutherans in Germany . Charles and his Councellors endeavoured to perswade the Pope , to try if mildness could doe the thing , and to determine the controversies by a Council : But the Pope gave many reasons to prove that a Council would produce nothing but mischief , and omitted nothing that could perswade the Emperour that there was a necessity of employing Force and Arms to reduce those that had separated themselves from the Church . Charles V. seemed to yield to his reasons ; and so they parted with a resolution to join their Forces for the ruine of the Protestant party . The Emperour was Crowned the eighth of March ; and immediately after he called a Diet to be held at Ausbourg the eighth of May following . About the end of March he parted from Bologna , but arrived not at Ausbourg before the thirteenth of June .

The Diet of Ausbourg , where the Protestants present their Confessions , and depart without any accommodation , though attempted in vain . This was one of the most famous Diets that ever was held in the Empire : The Emperour was there in person , after an absence of many years that he had spent in Spain . Cardinal Campeggio came to the Diet in quality of Legate , and Paul Vergerio as Nuncio to King Ferdinand , both with instructions from the Pope to oppose all deliberations decisive about matters of Religion , and especially to hinder all resolutions that tended to the calling of a Council . The Emperour arrived at Ausbourg on Holy-thursday Eve , but the Protestant Princes refused to assist at the Ceremonies of the next days Festival . The Emperour being offended that he could obtain nothing as to that point , was more positive in another : which was , that the Duke of Saxony , as high Martial of the Empire , should carry the Sword before him , when he went to Mass , which was to be sung at the opening of the Diet. The Divines were hereupon consulted , who dispensed with the Duke to doe what was demanded of him , according to the example of Naaman whom the Prophet Elisha permitted to wait on his Master , and to serve him in the Temple of the Idol . In this famous Diet the Lutherans by the hands of the Duke of Saxony presented their Confession of Faith , which derives its name from thence , and is called the Confession of Ausbourg . Luther gave the heads of it , and Melancthon who was of a far more moderate temper , put it into form . This Confession of the Lutherans was read in open Assembly , and the Emperour by advice of the Legate caused a refutation of it to be made , which was also publickly read ; but this did not put an end to the differences . The Emperour endeavoured to divide the Ambassadours of the Protestant-towns ; but neither did that succeed ; and therefore , at length he condescended to a conference betwixt the two parties . At first there were seven Disputants allowed on each side , but they were afterwards reduced to three ; yet all these conferences and disputes had no happy issue ; for though both parties were willing to remit in some slight matters , and accordingly some Articles presently agreed upon ; yet when they came to points of greater importance , both were obstinate and inflexible .

The Emperour gaining no ground by this means , attempted both publickly and privately to draw over the most Zealous ; but all these endeavours were unprofitable , nor could either his promises or threatnings work any effect : Nay he could not obtain so much of the Protestants that they would suffer Mass to be said within their Territories till the meeting of the next Council , though he promised it should fit within six months . Therefore about the end of September they departed ; but not before they had heard the Imperial Edict read , which gave them six months time to renounce Lutheranism , and strictly prohibited them to make any innovation in the Faith , or to hinder the free exercise of the Roman Catholick Religion . But in the conclusion of the Diet , the Emperour made another Edict against them , wherein he decided the points of Faith in the controverted Articles . As for instance , about Images , the Sacraments , Free-will , Justification by Faith alone , the invocation of Saints , Holy days , Fasts and many other points . He Commanded that this Edict should stand for a rule of Faith untill the meeting of the next Council , that no other Religion should be tolerated in Germany , and that the disobedient should be punished with the highest rigour .

The Pope is dissatisfied with Charles , and the Protestant Princes despise his rigorous Edicts . The Pope was no ways satisfied with the Emperour's conduct herein ; he looked upon it as an Encroachment on his Authority , that a Secular Prince should make himself Judge of controversies . But being a man of great Sense , that he might not clash a second time with the Emperour , he pretended that it was done by their mutual consent , and accordingly wrote to all Christian Princes . The Protestant Princes , on the other hand took this occasion of writing to them also , to justifie themselves , and to desire their assistance for calling a Council . In prosecution of the Edict of Ausbourg , the whole year 1532 was spent in rigorous proceedings against the Protestants . Nothing but sentences and confiscations : but the Princes that were absolute in their own Territories despised these rigours , and contemned the Decrees of the Imperial Chamber at Spire . Such courses served onely to put them upon their Guard , and to think of strengthening themselves by Foreign alliances , and mutual leagues at home , that they might not be exposed to violence . And so they did in their Assembly of Smalcalde , where all the Protestant Princes and Towns made a League defensive , for the security of their States and Religion . This brought the Emperour to condescend to milder courses : and several means being proposed , it was at length concluded that for a better accommodation , a Diet should be held at Ratisbonne the year following 1532.

A religious War in Suisserland , wherein Zuinglius is killed . The same year 1531. there arose such heats in Suisserland , that the Cantons , fell together by the Ears . The City of Zurich sent their Forces to this War , as all the other Protestant Cantons did , and Zuinglius went along with the Zurichers . The eleventh of October they Fought , the Zurichers were defeated , and Zuinglius killed in the Battel . Oecolampadius his Friend and Collegue died for grief a few days after : and the death of those two made way for an accommodation amongst the Suissers . For the Roman Catholick Cantons were apt to believe , that seeing Providence had rid them of those two Preachers , who had been able to stir up so many people , all would again return into the Bosome of the Church , from which they had fallen off .

Next year was employed in negotiating an accommodation betwixt the Catholick and Protestant parties ; wherein the Elector of Mentz , and the Palatine endeavoured all that lay in their power . But the Emperour finding that such tentatives for healing of Religion would never succeed , persisted in his thoughts of calling a Council . He wanted a pretext for using of Force , and hoped to find one in a Council , because the Protestants would be obliged to submit to it , and if they refused , he would have law on his side to force them . He therefore sent to Rome to represent to the Pope and College of Cardinals the necessity of calling a Council without any delay . The Emperour presses a Council , and not obtaining it makes his first Edict in favour of Protestants . This demand was seconded by the Ambassador of the King of France ; and though the Pope was resolved not to grant , yet durst he not flatly refuse it . He therefore consented to it , but under conditions that rendred the thing impossible ; for he purposed the holding of a Council at Bologna , Piacenza , or in some other Town of the Ecclesiastick State ; well foreseeing that the Germans would never agree to that . He also declared that none but Bishops and Abbots should have a decisive Vote ; which was not the free Council that the Germans so urgently desired . The Emperour perceiving that nothing was to be expected on that side , at length resolved to restore Peace to Germany ; which he did by the Edict of Nuremberg , dated July 23 , 1532. whereby he gave full liberty to all States , Princes , Towns and private Persons to enjoy and live in the Religion that they had chosen , without molesting of others , and without being molested by any , till the sitting of the next Council , which the Pope should be solicited to call within six months , and open within a year . This was the first Edict of toleration that the Protestants obtained in Germany , which extremely netled the Court of Rome . Things however were husht up , and after all , they found that the Emperour was not so much to be blamed : For the Protestants obstinately refused to make head against Solyman , who with a formidable Army was coming to powr in upon Austria , unless that indulgence were granted them . So that the fear of the Turks , whom Charles had to doe with , was the sole cause of his moderation .

A second interview betwixt the Pope and the Emperour , the Pope refuses a Council ; but after grants it on conditions which the Protestants refuse to accept . So soon as that War was ended , and the Turks driven out of Austria , the Emperour renewed his design of concluding the affairs of Religion in Germany . He made a journey into Italy , and had a second interview with the Pope at Bologna . In this interview they had a fresh conference about the necessity of holding a Council , the Pope persisted to oppose it , and if at any time he seemed to condescend , yet stood he firm that the Council should be held upon the conditions he had proposed . Charles who had no other interest in the affair , than that of his Authority which he desired to settle , by obliging the Germans to live under the same Laws , was not very much troubled upon what conditions a Council were held , provided the Lutherans accepted them . They therefore agreed betwixt themselves to send Ambassadors to the Elector of Saxony , to incline him to accept of the conditions proposed by the Pope : The Elector desires leave to communicate the affairs to the Assembly of Protestants which was to be held at Smalcalde the 23 of June the same year . And , indeed , he did so ; but the Assembly rejected the Pope's propositions , and persisted in demanding a free Council , to be held in Germany , where every one might have freedom to speak their minds , and wherein judgment should be pronounced according to the word of Go , without any respect had to the Authority of the Pope , Traditions or Canons . Their Answer was long and argumentative , of which Copies were sent to the Pope and the Emperour , and afterwards Printed with the Pope's propositions .

The Pope dissatisfied with the Emperour , enters into a league with the King of France . This interveiw of the Pope and Emperour did not all contribute to the cementing of their friendship ; for they began to entertain Jealousies one of another : the Pope could not relish those reiterated instances that the Emperour made to him for calling a Council , to which he had an incurable aversion : But above all , that which most increased their misunderstanding , was the Judgment given by the Emperour upon the debate which the Pope had with the Duke of Ferrara concerning the Towns of Rheggio and Modena . Both parties agreed to refer that affair to the determination of the Emperour , that as Umpire he might give Sentence therein . The Emperour pronounced against the Pope , and confirmed the Duke of Ferrara in the possession of those two Towns . So that the Pope being ill satisfied with the Emperour , took a resolution of entring into a strict alliance with the King of France : and at the same time to raise the Grandure of his Family , he Married Catharine of Medicis his Neice to Henry , second Son to that King : and for the accomplishment and confirmation of the Treaty , the Pope gave the King of France an interveiw at Marseilles . Amongst other things that past at that interveiw , the Pope required of the King that he would use his interest with the Protestants of Germany , and especially with the Landgrave of Hesse , to take them off from demanding a Council , or that they should demand it on conditions more easie for the Court of Rome . The King attempted it , but could not succeed ; however the Landgrave of Hesse yielded in some things , and consented that the Council might not be held in Germany , provided the place of its meeting were out of Italy , and in a Town where the Council might be free . The King himself proposed to the Pope the Town of Geneva , an dundertook to get the Protestants to accept of it . This proposal seemed strange to the Pope , who perceived that the King of France was no fit Agent to transact matters according to the intentions of the Court of Rome ; and therefore they thanked him for the pains he had taken , and desired him to proceed no farther ; so that a stop was put to that Negotiation in the beginning of the year 1534.

Henry King of England shakes off the Pope's authority , without any innovation in Religion . The same year the Court of Rome had the trouble to see one of the most considerable Members of the Roman Church fall off from it ; whilst they endeavoured to recover Germany , they lose England . Henry VIII . had Married Catharine , Infanta of Spain , Aunt by the Mother to the Emperour Charles V. This Princess by a former Marriage had been Wife to Prince Arthur elder Brother to Henry . Arthur being dead , the Father with a dispensation from Pope Julius II. gave her to his second Son ; by whom she had onely one Daughter alive , called Mary . Henry who passionately desired to have Male issue , sought to Divorce her , under colour of invalidity in the dispensation . This afforded matter for a long and tedious process , which depended from the year 1528. to 1534. In the beginning of this affair , the Pope being in War with the Emperour , gave orders to Cardinal Campeggio his Legate in England , so to manage the Trial , that the procedures might run in favour of Henry , thereby vex Charles V. but a reconciliation being pieced up betwixt the Pope and the Emperour , the case of the Divorce betwixt Henry and Catharine changed countenance , because the Pope intended to oblige Charles , by favouring his Aunt . This change provoked Henry , so that he prohibited all his Subjects to pay any Peter-pence to the Receivers : and the Pope by and Evocation brought the Trial to Rome , where the business went very slowly on . Henry who could no longer indure these delays , published his Divorce with Catharine of Spain ; and in the year 1535. Married Anne Bullen . Sometime after , News , whether true or false was brought to Rome , that there had been a Comedy Acted before the King of England , wherein the whole Court of Rome , the Pope and Cardinals , had been shamefully expos'd , and turned into ridicule . This was News indeed that over-heated the spleen of all those who thought themselves concerned , and set them on revenge ; which made them out-run the constable in pronouncing Sentence the 24. of March : whereby the Marriage of Henry and Catharine , was declared good and valid ; and upon that account Henry ordained to adhere to her , and in case of refusal , that he should ipso facto be Excommunicated . Henry on the other hand took the alarm as hot as they , when he had seen this Sentence . Well , said he , let the Pope be Bishop of Rome , and for my part , I 'll be Master within my own Kingdom . And so he was as good as his word ; for he issued out a Proclamation , wherein he declared himself head of the Church of England , prohibited the paying of Peter-pence to the Pope's Receivers , and got this Declaration confirmed by Act of Parliament : though in all other things he retained the Roman Religion , and afterwards published severe Proclamations against the Doctrine of Luther .

In Germany the State of affairs was nothing better ; they began to take up Arms ; for King Ferdinand had seised the Dutchy of Wittenberg from Prince Ulrich , and the Landgrave of Hesse had by Force of Arms retaken and restored it to its lawfull Master . The Emperour who feared that things might not stop here , was in good earnest angry with the Pope , for starting so many difficulties to obstruct the holding of a Council , and thereupon wrote expostulatory Letters to Rome . But within a few days after the receipt of these Letters , Clement fell sick of a Distemper that carried him out of the world , about the end of September 1534.

PAUL . III.

Pope Clement dies . Paul . III. succeeds him . Cardinal Farnese succeeded to him , and was chosen the same day the Conclave was shut up . At first he took the name of Honorius V. but at his Inauguration he quitted that , and took the name of Paul III. He wanted not Vertue , though the character he went under was , of a reserved and slye man . Besides all his other qualities , he was consummated in the knowledge of affairs , having been Cardinal under six Popes , and all along employed in important Negotiations ; he was also chief of the Cardinals , as being Dean of the Sacred College , which advantages did not a little facilitate his

The Pope in the beginning of his Pontificate gave some signs of his intentions to reform the Church , but little came on 't . Also in the year 1536. Fruitless attempts of Paul III. for the reformation of the Court of Rome . he made a Bull for a Reformation , and named Cardinals to act in it : This also was without effect . In fine , well perceiving that he would be accused of having made all these steps without any design of touching the abuses of the Court of Rome ; for his own Justification , he resolved to renew his design of reformation . He named four Cardinals and five Prelates , to whom he gave commission to make an exact collection of all the abuses that deserved amendment . They observed four and twenty abuses in the administration of Ecclesiastick affairs , and four in the Government of Rome , of which they gave the Pope a particular account . These articles were examined in a Consistory ; but Nicolas Schomberg a Jacobin , Cardinal of Santo Sixto , withstood that reformation , and having made use of the same reasons which Francis Soderini Cardinal of Volterre had used in the time of Adrian , he had the same success , that is to say , he took the Pope off from all these designs of Reformation .

The Pope calls a Council in the Town of Vicenza , where the Legates goe , but no body appears . So that Paul III. having now no other affair to mind , but that of a Council , published a new Bull for convocating it in the City of Vicenza under the Dominion of the Venetians ; and that the Prelates might have time to repair to the place , he appointed the first of May 1538 for the opening of the Assembly . Henry King of England who slipt to occasion of exercising his pen against Rome , wrote against that Bull , as well as against the former , and made the same declarations as he had done before , protesting that he no more owned the Assembly at Vicenza for a true Council , than he had done that which was to have been held at Mantua . the Legates , in the mean time went to Vicenza , to make the overture of the Council , on the day prefixt : And the Pope , An interview of the Pope , Emperour , and K. of France . being at Nice where the Emperour and the King of France were come to see him , and to confer about means of restoring peace to their subjects , endeavoured to perswade them to send their Prelates to Vicenza ; but both desired time to consult their Bishops about the matter . So that the Legates who were to preside in the Council , to wit , Campeggio , Simmonetto and Alexander , stayed three Months at Vicenza expecting the Prelates , who never came ; of this they gave the Pope an account , who was fain to recall them by a Bull dated July 28. 1538. and to defer the opening of the Council till Easter following . This was the year wherein Paul III. The Pope thunders a Bull of Excommunication against Henry VIII . King of England . losing all patience towards Henry King of England , let fly a Bull of Excommunication against him . The Pope had entertained hopes of reclaiming him by patience , and besides that , he was loath to let that thunder go out of his hands , which men were grown now almost proof against . But Henry proceeded so incorrigibly , that there was now no more dallying . It was not enough that he had made himself Head of the Church of England ; but he also rased and burnt the Bones of St. Thomas of Canterbury , who was killed in the year 1171. and died a Martyr for the Authority of the Pope . He cut off the head of Fisher Bishop of Rochester , without respect to the dignity of the Cardinalship , with which the Pope had honoured him during his imprisonment , as a reward for his vigorous maintaining the interests of the Court of Rome , against the attempts of Henry . In a word , the Pope looking on him as a sinner hardened in impenitence , thundered a terrible Bull against him , which had been framed in the year 1535. By that Bull he deprived him of his dominions , and his adherents of all their Estates . He absolved the English and all other his Subjects from their obedience to him , prohibited all strangers to have any commerce with that Kingdom , and charged all Christian people to rise in arms against him and his dominions , bestowing them as a prey upon him that first could conquer them . This Bull , though more terrible than any that the Predecessours of Paul had ever thundered , yet wrought no effect , and hindered not , but that the Emperour , the King of France and other Catholick Princes made Leagues and Alliances with Henry King of England .

An amicable Conference is appointed betwixt the Catholicks and Protestants of Germany . Next year , which was the year 1539. the affairs of Religion threatned new trouble in Germany ; because the Catholick Princes had made a League amongst themselves at Nuremberg , as the Protestants had made another at Smalcalde ; which obliged the Emperour and States of the Empire , to hold a Diet at Frankfort . In this assembly , after long debates , it was resolved , that an amicable conference should be appointed betwixt the Doctours of both parties , to try if it were possible to find a mean to satisfie both . Nuremberg was pitcht upon for the place of the conference , and the opening of it appointed to be the first of August . So soon as the news of this was brought to Rome ; The Pope was startled at it , as being done without his Authority , and as being a prejudicating of the Council which he had promised , not to expect from it the decision of controversies . So that he immediately dispatched the Bishop of Monte Pulciano to the Emperour in Spain , to perswade him to annull the Decrees of the Diet of Frankfort , and to put a stop to that conference . But the Emperour thought it not fit to doe any thing , nor to declare himself against the conference of Nuremberg ; he foresaw a storm coming from France , and had the Turk likewise to deal with : and therefore he resolved at any rate , to satisfie the Protestants . Nevertheless that conference was not held , because the Emperour had other affairs that more nearly concerned him . The Emperess died , and Ghent with part of the low Countreys revolted : so that being taken up with other matters , he had no time to mind this . But being obliged to goe into Flanders ; to settle these troubles , his brother Ferdinand went thither to wait on him ; where both together agreed to grant that conference . Cardinal Farnese , a young man of twenty years of age , seconded by the Counsels of Marcello Cervino , who was afterward Pope , with great vigour opposed it , and endeavoured to ward that blow by promising a Council , which should speedily be convened ; he solicited the Emperour to make use of his arms , rather than of conferences , which could not succeed , and which struck at the Pope's Authority . The Emperour and Ferdinand continued firm in their resolutions , and the Diet was called at Haguenaw where all the Princes were invited to appear in person . Many Lutheran Ministers and Catholick Doctours came ; but the Diet was spent in idle Janglings about Preliminaries : and seeing heats began to arise , the Conference was put off till October the 28th to be held in the City of Wormes , A Conference at Wormes , which has as little success as the rest . where the Pope's Nuncio's , if they pleased , might be present . The Emperour confirmed that Decree , condescended to the time and place , and sent thither as his Commissioner , Granvelle , who carried with him his Son , that was afterwards Bishop of Arras and Cardinal : Thomas Campeggio Bishop of Feltre came thither in quality of the Peope's Nuncio ; but this Conference lasted but three days . Eckius spoke for the Catholicks , and Melancthon for the Protestants ; the subject of their Dispute being about Original Sin . But whilst the Pope seemed to give way to the Conference , by the presence of his Nuncio , who was there ; at the same time by his Nuncio resident at the Emperour's Court , he endeavoured to break it up . This Nuncio represented to the Emperour , that it could not but engender a Schism , make all Germany Lutheran , and ruine both the authority of the Pope and Emperour . These Reasons , or rather some private interests , obliged the Emperour to break up the Conference : He recalled Granvelle , and adjourned the Diet to Ratisbonne . The opening of this Diet was in the month of March , next year after . The Emperour was there in person , and for a famous Dispute that happened , named the Disputants himself : for the Catholicks John Eckius , Julius Fluggius , and John Groper ; for the Protestants , Melancthon , Bucer , and John Pistorius : the Electour for the Protestants , and Granvelle for the Emperour , were Moderatours of the Conference . Cardinal Contarini , who had the reputation of a learned and wise man , was there as the Pope's Legate . Upon some points they came to an agreement , as upon Justification , the merit of Works , Free-will , Original Sin , the Scripture , &c. but in many others nothing could be agreed upon ; as the Power of the Church , the Sacrament of Penance , Single Life , the Eucharist , and the Hierarchy ; not to name many considerable points that were not medled with . The result of the Conference was communicated to the Diet ; which the Legate pleaded ought to be sent to the Pope for his judgment and approbation , and promised a General Council to prevent the holding of a National Synod . This Legate did set about the making of some Reformation in the Clergy ; but that essay was fruitless , as all the former had been . At length the Emperour made the Edict of the Diet , date July the 28th , whereby he referred the decision of the Affair either to a General or National Council of Germany , or else to another Diet of the Empire . In the interim he charged the Protestants to make no Innovation , to keep to the Points that had been agreed upon ; and that none should presume either by perswasion or violence , to draw off any from the Roman Catholick Religion . But , in the mean time , by particular and private Grants , he allowed all a free exercise of Religion ; so true it is , that the most zealous Princes in appearance , have no other Religion but Interest . However , they were pretty well satisfied at Rome , that these Conferences had no effect ; but Cardinal Contarini was accused of having favoured the Lutherans , and had much adoe to justifie himself , and to get off . A fourth interview betwixt the Pope and the Emperour . After the conclusion of the Diet , the Emperour went to Italy , and had an interview with the Pope in the City of Luca ; where the matter they chiefly treated of , was the holding of a Council . The Pope had heretofore called one at Vicenza , but he was forced to suspend the Convocation , first till Easter in the year 1539. and afterwards by a Bull of the 13th of June the same year , the suspension was prolonged untill it should please the Pope to take it off . In the Conference of Luca , the Pope and the Emperour remained stedfast in their resolution of holding the Council at Vicenza ; but the Venetians to whom this City belonged , recalled the consent they had given . They were afraid of offending the Turk , with whom they had just concluded a Peace , because in that Council Overtures were to be proposed of making War against the Infidels . This is the reason that was alledged ; but the true reason , perhaps , was , that they were not very willing the City should be in a manner abandoned to so many Strangers , as must needs flock thither upon account of the Council .

The Pope declares that he will call the Council at Trend : but it is retarded by the War betwixt the Emperour and the King of France . The year 1541. being thus spent , next year after a Diet of the Empire was held : The Pope sent thither John Morone Bishop of Modena , and declared , that since he could not agree neither with the Duke of Mantua , nor the Venetians , about holding of a Council either at Mantua or Vicenza , he was resolved it should be held at Trent . The Protestants would not accept that proposition ; however , the Pope published his Bull dated January 22. and appointed the opening of the Council to be the first of November following . About the same time the War broke out between the Emperour and the King of France . This last declared War the same year , and published reproachfull Manifesto's against the Emperour ; which War prevented the effect of the Bull of Convocation . In the mean time the Pope sent his Legates to Trent , and the Emperour , his Ambassadours ; but after they had continued there seven months , they were fain to separate ; because no Prelates came , except some of the Kingdom of Naples , and of the Ecclesiastick state , whom the Pope and the Emperour had sent with their Ambassadours . Francis the first , King of France , foreseeing that it would be imputed to him as a great crime , to have obstructed the holding of a Council , by so unseasonable a declaration of War ; to excuse himself with the Pope , made Edicts against the Protestants of his Kingdom , which he caused to be rigorously put in execution . The Pope , in the mean time , as common Father both to the Emperour and the King of France , endeavoured to make them friends , but could not succeed in it . He had another interview with the Emperour betwixt Parma and Piacenza ; A fifth interview of the Emperour and Pope . but no talk then of a Council or the affairs of Religion . The interest of the Emperour obliged him to draw the Pope to his side against the King of France ; which he attempted to doe , and even to procure money of him for the charges of the War . On the other hand , the Pope had an eye upon the Dutchy of Milan , which he desired might return to his Family , and would have had the Emperour give the investiture of it to Octavio Farnese his Nephew , who had married Margaret natural Daughter to Charles the fifth . They broke off without concluding any thing , being jealous one of another , and parted seemingly very well satisfied ; because both well understood the art of disguising their thoughts .

The Emperour having no assurances of the Pope , addressed himself to Henry King of England , and made a League with him against France . That incensed the Pope extremely , who complained publickly , that a Prince who ought to be Protectour of the Church , should make alliance with an Excommunicate King . He added moreover , that since the beginning of the Troubles Charles had carried it with an extreme tenderness towards the Protestants ; and to render that conduct of the Emperour the more odious , he compared it with that of the King of France , who had made so many severe Edicts and rigorous Laws against the Innovatours , for maintaining the Religion and Papal authority . This War , and these mutual misunderstandings put a stop to all thoughts of a Council for that year 1543. The year following there was a Diet held at Spire , A Diet at Spire , where the Emperour gives a new Edict of liberty till the next Council . wherein the Emperour represented the pains he had taken for obtaining a Council , telling them that it had been called , but that the Arms of France hindred its sitting . Endeavours were there used to compose the affairs of Religion ; and the result was , that the Emperour who had need of the Protestants , made and Edict of Pacification to last till the sitting of the Council . That Edict allowed the Lutherans not onely the liberty of their Religion , but also the peaceable possession of the Benefices which they enjoyed in the Church ; and ordered Memoirs to be made , and presented to the next Diet ; wherein a form of Reformation should be stated , that so all men might know what they were to take for matters of Faith , untill the meeting of the next Council . The Pope was touched to the quick at the proceedings of this Diet , which were very favourable to the Protestants : and thereupon wrote smart Letters to the Emperour , telling him that he plainly wronged his Conscience , and endangered his Salvation , by adventuring to judge of matters of Faith , and to call Assemblies that might be taken for National Synods , by no other authority but his own : That these Assemblies were invasions upon the authority of the Holy See , since that consisting onely of Lay-men , they notwithstanding decided matters of Religion , without the power or concurrence of the Pope . He besought him to annull all that had been done , and in case of refusal threatned to force him to it by other and more severe courses .

THE HISTORY OF THE Council of TRENT . BOOK II.
PAUL III.

THE War between the Emperour and King of France , had hitherto hindered the opening of the Council ; but that War which lasted not much above a Year , The Peace between the Emperour and K. of France , revives the proposals of a Council . being ended by the Peace that was concluded at Crespy , December 24. 1544. both Princes obliged themselves to use their best endeavours for the preservation of the ancient Religion and Union of the Church , and for the Reformation of the Court of Rome . And that they might the better succeed in these three great Designs , they concluded it necessary to press the convocation of a Council . The Pope willing to have all the Honour of it alone , so soon as he understood the Intentions of the Emperour and King of France , without expecting the demand , that these Princes designed to make to him , issued forth immediately , the Bull of Convocation for a Council to be held in the City of Trent , and appointed the 15. of March to be the first day of its Meeting . The Emperour was not pleased that this Publication was made without asking his Advice ; however , he put the best Face he could upon it , as purposing to appear the principal Actor in this whole Affair , and sent to all the Courts in Europe to invite the Princes to send their Prelates to Trent . He Assembled the Divines of Louvain , appointing them to reduce the Matters in Controversie into certain Heads , to be presented to the Council . They thereupon made two and thirty bare Conclusions without any Reasons or Arguments to back them ; and Charles the Fifth , who loved to be Supreme as well in Matters of Religion as in the Affairs of State , afterwards confirmed them by an Edict . The King of France would needs doe the same , and Assembled the Divines of Paris at Melun , to consult about the Matters that were to be demanded in the Council ; but they could not agree ; for , some were for demanding the restitution of the Pragmatick Sanction , and the Decrees of the Councils of Constance and Basil . Others were against it , because that would be to declare themselves against the King , and overthrow the Agreement that he had made with Leo X. So , nothing being fixt upon there , they stood to the twenty five Points of Doctrine , which the Sorbonne had published two Years before . The Pope appoints Legates to preside in the Council , and sends them to Trent .

The Pope did what lay in his Power to content the Emperour , who had conceived a great displeasure , that after he had laboured so much , and had had so great a hand in calling of this Council , yet the Bull should be published without asking his consent ; but , for all that , went on still , to hasten the accomplishment of what he had alone begun . He named three Legates to preside in the Council : The Cardinal of Monte , called otherwise Cardinal of Praeneste , Marcello Corvino Cardinal of Santacroce , and Reynold Pool and English Man , of the Bloud-Royal of England . The first was Cardinal Bishop , the Second Cardinal Priest , and the Third Cardinal Deacon . The last was chosen more for Pomp than Necessity , because of the Grandure of his Family , and that it might appear that though the Kingdom of England had made defection from the Church , yet those who continued in their Obedience were still honoured and esteemed . The Pope dispatched the Legates , with the Bull of Legation , without the Plenepotentiary Bull , because he would have time to consider in what Form he should give it ; but some time after their Arrival at Trent , they received their Plenepotentiary Bull. At the same time the Pope made a Second Bull of that Nature , whereby he gave them power to adjourn the Council to any other place , if they thought fit , because he was not certain whether Trent might agree with them or not ; but this second Bull was not then sent , but kept secret . The Legates did not approve of the Plenepotentiary Bull , because it ordered them to proceed in all things according to the resolutions of the Council ; whereas , on the contrary , their intention was , that in all things the Council should comply with them . That Place of the Bull must therefore be mended , and there was trouble enough about it , before they could agree upon the Form of the Legates Commission ; there having been no precedents for such kind of Legations . In all former Councils that had been held for four or five hundred Years , the Popes always presided in Person , except in the Council of Basil , which in the beginning had the Legates of Pope Eugenius for Presidents : but the Name of that Council was so odious to the Court of Rome , that they lookt upon it as a crime to imitate anything that had been done there .

The Presidents arrive at Trent , and remain there a long while alone . The Legates arrived at Trent the thirteenth of March , two days before the Council was to be opened . The Poe had given but very short warning ; for there was no more than three Months betwixt the last Bull of Convocation and the opening of the Council ; and the remote Prelates , as the Germans , Spanish and French , could not be present in so short a time . However the Pope knew what he did ; for it concerned him to have none there in the beginning , but Italians , and such as he could dispose of at his pleasure : because in the Preliminaries , the manner of proceeding during the whole sitting of the Council was to be regulated , and thereupon depended the Authority which the Pope was to keep in his own Hands , of being Absolute and Supreme in all the deliberations of that Assembly . The Legates in the mean time could not open the Council on the day prefixt , because they found no Body at Trent ; and when Don Diego de Mendoza the Emperour's Ambassadour came , who arrived ten days after , he found none there but the Legates and three Bishops . In the beginning the Legates communicated to Don Diego , and that small Number of Bishops , the Letters which they received from Rome , as if they intended to Act nothing without their Participation , but it was not long so . The Legates perceived that the Ambassadour and the Bishops getting thereby Footing , began to meddle too much . They therefore wrote to Rome , that there should be always two Letters sent them , one which might be Communicated to all , and another private for themselves alone ; they likewise demanded a Cipher for the safe communication of Affairs of Weight and Moment ; and thus did they prepare themselves to receive the inspirations of the Holy-Ghost .

The Month of March was now spent without any appearance at Trent ; and the Legates were ashamed to open a Council with no more than three Bishops . Orders were thereupon to be expected from Rome , and whilst they stayed for them , the Ambassadours of Ferdinand King of the Romans arrived , and were admitted into the Congregation . Now began Disputes about precedence to arise ; for Don Diego de Mendoza the Emperour's Ambassadour challenged his place immediately after the Legates , before Cardinal Madoncio , otherwise called Cardinal of Trent , who was present , and before all the Cardinals that might afterwards appear . An expedient was found out to place them so that none should be above another , but that decided not the Controversie ; to Rome it must go , and thither the Legates sent it .

At the same time a Diet was held at Wormes , wherein the Emperour caused Intimation to be made to the Protestants of the holding of a Council : The Emperour gives intimation to the Protestants , of the Convocation of a Council , and upon their refusing to submit to it , concludes a League with the Pope against them . but they protested against that Assembly , and even refused to give the Emperour any assistance against the Turk , unless he did confirm the Edicts of Pacification which had been granted to them . The Emperour arrived at Wormes on the sixteenth of May , where he was attended by Cardinal Farnese the Legate . This Cardinal according to the Instructions he had received , solicited the Emperour to employ open Force for the reducing of the Protestants ; which agreed very well with the Intentions of Charles the Fifth , who thereupon discovered himself more than ever he had done before , and promised the Legate to take up Arms for suppressing the Lutherans , so soon as he had concluded a Truce with the Turk . At the same time the Cardinal negotiated the same Affairs with the Catholicks , and especially the Church-men that were at the Diet , promising them in the name of the Pope , money and assistance , if they would enter into that holy League . These Treaties were carried on under the Seal of greatest Secrecy . Nevertheless the Protestants suspected some such thing , and were the more confirmed in their conjecture , by the Indiscretion of a Cordelier , who Preaching before the Emperour , King Ferdinand and the Legate , turned towards the Emperour , and told him , that by his Character and Dignity , he was obliged to defend the Church by Arms. There was Advice likewise from Rome , that the Pope dismissing some Officers of War , made them a promise to employ them the Year following . These Presages made the Protestants apprehend a severe Storm a coming : the Emperour , however carried it fair , and endeavoured to perswade the Lutherans to submit to the Council , and to supply Money for the War against the Turk . But they looked upon this as a design to drain them , under pretext of a Turkish War , that so they might the more easily be opprest , and therefore they protest against the Council of Trent , and persist in demanding a perpetual and unlimited Edict of Pacification . The Emperour made answer , that he could not exempt them from a Council , to which all Christians ought to be subject , and that therefore he could not grant them that Peace in the manner they demanded it . The truth is , he was very far from granting what they desired , seeing his design was to make use of their refusal of submitting to the Council , for a pretext of proceeding against them as Rebels . But it was not as yet time to open his mind freely , because of other important Affairs that lay upon his shoulders . He therefore left all things in suspence , ordaining the Treaty of Peace to subsist untill the Diet which he appointed in January following to be held in the City of Ratisbonne : and for amusing the Protestants , he granted a conference to be had about matters of Religion betwixt four Doctors and two Judges of each Party , to begin in December , for preparing of matters against the opening of the Diet. The Emperour caused Herman , Archbishop of Cologne to be summoned to appear at this Diet , within thirty days , either personally or by his Proctor ; and that because without declaring himself Lutheran , he had embraced the Doctrine of Luther , and had upon that Foot endeavoured to reform his Diocess both as to Doctrine and Discipline . In order whereunto , he had in the Year 1543. Assembled the Clergy , Nobility , and the most considerable Persons of his Diocess . And though he disowned all conformity with the Lutherans , yet it was easie to be seen , that under the Name of Doctrines consonant to the Holy Scriptures , he established many Tenets opposite to those of the Church of Rome . Most part of his Clergy opposed this , and appealed to the Pope as Head , and to the Emperour as Protector of the Church ; which was the pretext of that Citation . The Emperour 's whole Conduct in that Diet , and especially this last Action , extremely vexed the Court of Rome . The Prelates assembled at Trent , said openly that the Proceedings of the Emperour were scandalous ; that to decide Affairs of Religion , appoint Conferences , name Disputants , make Confessions , and Formularies of Faith , cite Archbishops and Church-Men who were accused of Heresie , was an evident arrogating to himself a Supremacy in the Church , and an Encroachment on the Council which was immediately to be opened . The truth is , throughout the whole Conduct of the Emperour , it is manifest that his sole design was Greatness and the Advancement of his Authority ; for he let slip no opportunity of invading the Rights of the Pope , and the Authority which the holy See challenges to its self . The Pope was extremely netled at The Emperour's Proceedings in relation to the Archbishop of Cologne , but durst not break forth into resentment : all he did , was to thwart that Citation by another ; for he adjourned the Archbishop within two Months , to appear before him in Person .

The Pope will not have the Bishops appear in Council by Proxy . But let us now return to Trent , where the Prelates made but very slow progress . The Kingdom of Naples had one hundred Bishops ; but the Viceroy conceiving that the absence of so many Prelates , if all went to Trent , would occasion a great solitude in the Church ; did therefore name four to goe in their own Names , and as charged with procurations from the rest . The Bishops , who had all a mind to be concerned in that weighty affair , opposed the resolution ; and the Pope , who from time to time was to draw his recruits out of Italy , according as his occasions did require , resolved likewise to withstand the intentions of the Viceroy , by a very severe Bull , which was already past . This Bull ordained that all who should adventure to appear in Council by Proxy , should ipso facto incur the censure of Suspension : but the Legates themselves judged it a little too rigorous , and therefore wrote to the Pope , that he would suffer them to keep it secret . And this advice of suppressing it , appreared afterwards to have been much the safer , by what happened in respect of the Envoys of the Cardinal Electour of Mentz . They arrived at Trent the 18th . of May , and produced their Commissions . The Legates made some difficulty to admit them ; because of the Pope's prohibition of appearing by Proxy : and the Envoys of the Electour were ready to withdraw and depart , had they not been staid by ample Excuses that were made to them , telling them that the Pope's order did not reach Persons of the Quality and Character of their Master , who was both a Cardinal and a Prince . In the mean time the Legates wrote to Rome to represent to the Pope , the necessity of qualifying the severity of that Bull ; who sent them back orders that they should entertain the Procuratours of the Electour of Mentz with fair words , and give them the best satisfaction they could ; but he durst neither recall nor moderate his Bull , because of the Viceroy of Naples , who had , in effect , carried it against the Bishops , and had got four to be deputed in name of all the rest . These four Bishops durst not own neither at Rome nor Trent , that they were charged with procurations from the rest , so that , in the main , the Viceroy of Naples did not obtain what he desired . With ten Bishops at Trent , the Congregation began to handle Preliminaries . Till the end of April there were no more than three or four Bishops arrived at Trent ; but , at length , the third of May , they made up the Number of Ten , with whom a Congregation was held for regulating the Preliminaries ; wherein in there was a great deal of discourse , but nothing concluded ; proposals were made about the Ornaments which the Legates were to have , about empty places that were to be left for the Pope and the Emperour , and the rights of precedence amongst the German Bishops who were Princes : but nothing was concluded on , save onely that they must expect till the Council were assembled in a fuller body . There was , indeed , a great deal of discourse about the time of opening the Council ; and there was one reason that pleaded for a delay , to wit , the small number of Bishops ; but there were others that urged the hastening of it , and the Chief was , that thereby a stop might be put to the Enterprises of Princes , and especially to those of the Emperour , who upon all occasions offered at the deciding of matters of Religion , which perhaps , he might be more cautious in doing , if once the Council were opened . After all there considerations , it was concluded that they should expect advice from Cardinal Farnese , who was Legate with the Emperour .

The Prelates at Trent are weary of staying , but they are stopt , and money ordered to be given to the poor Bishops . About the end of May there were got together at Trent , twenty Bishops , five Generals of Orders , and an Auditour of the Rota : the first comers were already very weary of delay , and were therefore called in Raillery , The hot-headed Gentlemen ; but their Zeal quickly cooled . They began in good earnest to think of withdrawing , and the most part without Ceremony , plainly begg'd leave to return home ; others desired liberty to goe to Venice , and other neighbouring Towns , to buy Clothes and change the Air , under pretence of some indisposition ; but the Legates suffered none to depart . Most of these Prelates were poor Italian Bishops sent by the Pope ; who declared themselves unable to subsist there at their own charges . It is true , the Pope had remitted all tenths to those Bishops that should goe to the Council ; but that not much encrease the Revenues of those poor Bishops , and therefore the Legates were fain to give them Money to encourage them to stay . Others there were who made use of the Emperour's conduct for a Colour of withdrawing , saying that they could not endure to see the Council so disparaged and slighted , by his endeavouring to judge of matter of Religion , the decision whereof belonged properly to it ; but notwithstanding all their impatience , the Prelates were necessitated to bear with these delays , and to wait five Months , June , July , August , September and October before the Council could be opened The Emperour who plaid his game with the Protestants , and did not intend to exasperate them , stopt all , and held matters in suspence . Sometimes he flattered the Lutherans with the hopes of preventing the sitting of the Council , provided they consented to what he desired of them ; and sometimes again he threatned them with the Council , that would arm all Christendom against them . Don Diego de Mendoza his Ambassadour returned to his Embassie at Venice , entreating the Legates not to open the Council without his presence . The true cause of all this Conduct was , that the Emperour intended not that the Council should proceed against the Lutherans , before the had made his Peace with the Turk , that so he might not have too many Enemies at the same time to encounter . These delays put the Pope out of all Patience ; he many times repented the calling of the Council , and if he could have done it with honour , would certainly have revoked all that had been done : thus not daring to break up and dissolve the Council , it was said , that he intended to remove it to a place where his Power and Authority was greater . At length he resolved to sent the Bishop of Caserta to the Emperour to make an end of that affair , and to bring him to consent to one of these three things , either to the Opening , or to the Suspension , or to the Translation of the Council . The Emperour consents to the opening of the Council conditionally , and the Pope is angry . The Emperour rejected the Suspension and Translation : but persisted in starting difficulties as to the Opening , because he was willing to expect the issue of the approaching Diet which was called at Ratisbonne in the Month of January ; however he consented to the opening of the Council in the Month of October , provided that nothing concerning the Lutherans were brought under debate , and nothing but the matter of Reformation taken into Consideration . This last fetch of the Emperours in regard of the Lutherans put the Pope out of Patience , however without any shew of discontent at that answer , he resolved to act by himself , and the last of October wrote to his Legates , that without farther delay , they should open the Council on the thirteenth of December . This was very gratefull News to the Prelates assembled at Trent ; but the Legates were troubled to see that the French Bishops who were but three in number , were recalled by their King : for that did insinuate as if France designed not to approve of that Council , nor to have any hand in it . These small heart-burnings however hindred not but that the least things that concerned the Glory and Authority of the Pope were carefully looked after : advice was therefore given , that in opening of the Council , the Bull that appointed it , should be read ; to the end that all that was done in the Council , might appear to depend on the Authority of the holy See , with prospect of establishing thereby the Pope's Superiority over the Council : and so the Bull was sent according as the Legates had desired .

At length the thirteenth of December came , on which the Pope had ordered the opening of the Council : and for the greater Solemnity , the Pope appointed a Jubile at Rome , and that all should after three days fasting , confess and receive the Sacrament . The twenty five Prelates that were at Trent , made a solemn Procession in their Pontificals . The Church was hung with Tapestry , the Cardinal di Monte first Legate said the Mass of the Holy Ghost , The Sermon of the Bishop of Bitonto is disliked by many . and Cornelius de Muis Bishop of Bitonto made a Sermon : after which the Legates made a long Discourse about the necessity of holding a Council , and what their procedure ought to be therein . The Discourse of the Legates was pretty well liked , but the Bishop's Sermon was found to be stuft with a pedantick and idle strain of Eloquence . He largely proved the necessity of holding a Council , laid before them the Disorders of the Church , made a long Encomium on the Pope , and another somewhat shorter on the Emperour , he praised the Legates severally , and made some bald Puns and Allusions upon their Names : then turning to the Bishops , he told them , that they should open their hearts to receive the Holy Ghost ; which if they did not , God would nevertheless open their Lips as he did to Balaam and Caiaphas . This last passage pleased no body ; for the Prelates did not take it well to be compared to false Prophets ; nor was it well digested by the rest , that he promised a Spirit of Prophecy and Infallibility to men that might be as wicked as Balaam or Caiaphas ; but nothing was taken worse of this Oratour , than when he compared the Council to the Trojan horse , into the body of which all Bishops ought to enter . This was reckoned an odious comparison , and the discontented were busie in emproving that thought , and making their best on 't . saying that the Council would prove like the Trojan horse , that is to say , a treacherous Engine to set the World in a flame . These Ceremonies being over , the Decree was read , and all that was done in that first Session , was the putting the question to the Prelates ; Are ye willing that the Council be opened ? to which they all answered , Placet : the next Session was appointed to be the seventh of January following ; and this being done the Legates wrote to Rome for Instructions about the way of Consulting , Voting and Concluding , that was to be observed in the Council . For instance , if the Persons of Hereticks and their Heresies should be condemned at one and the same time , what Seal should be made use of , and especially if the Votes should be taken by the individual Persons , or by the Nations they belonged to ; this last way had been practised in the Councils of Basil and Constance , that is to say , the Votes past there by Nations . In expectation of an answer , the Prelates were amused with the consideration of very trivial matters , as what manner of Cloaths the Prelates should wear out of Festival-days ; if they should appear in secular Habits or otherwise . At length the answer came , which ordered the Legates not to make too much haste , but to spin out the time in matters of small importance , untill they should adjust at Rome the best measures for the way of proceeding in the Council . But without farther delay , the Pope determined the matter of Voting , that it should not be by Nations , because thereby they would lose the benefit that was expected from the Italians , who were in great Numbers to be sent to the Council . The Pope sent also Money to his poor Prelates , and made no Mystery of it as if he feared to be accused of having bought Votes ; because , said he , when a Council is assembled , the Head of the Church is obliged to such Works of Charity .

What was the form of the Council of Trent , and what had been that of the ancient Councils . When the Pope's Answer was come , the Cardinal di Monte began to propose to the Prelates the order wherein matters were to be examined , before they should be brought to conclusion , and sentence past thereon . He went not so far back as the ancient Councils for a Pattern ; but stoptat the last Council of Lateran that was called against Lewis XII . by Julius II. where himself had assisted in quality of Archbishop of Siponto . Certainly if a model had been borrowed from the Ancient . Church , the Council of Trent would not have observed the method that they followed , for there is nothing more different than the ancient and modern Councils . In the first Ages of Christianity the fervour of the Zeal and Charity of the primitive Christians , easily put an end to the little differences that sprung up in the Church , without such great Assemblies ; they met without Ceremony , and without any great observation of Forms ; every one gave his judgment according as God gave him knowledge and put it into his heart , and the ancientest or ablest Man presided by Election . When the Church had weathered the Storms of Persecution , the Emperours took upon them the Care of its Government ; they called Councils , and either presided in them themselves , or by their Ambassadours , nay and pronounced interlocutory Decrees in differences that occurred . Thus Constantine moderated the Council of Nice . Marcellinus represented the same Emperour at the Conference which was held in Africa betwixt the Catholicks and Donatists . Candidian presided in the Council of Ephesus , in the Name of Theodosius the younger . The Emperour Martian was personally present in the Council of Chalcedon ; and Constantine termed Pogonatus , in that of Constantinople , which was held in the Palace , and is called in Trullo . It was the chief Magistrate then , who prescribed the form , commanding some to speak and others to be silent . In those days there was no distinction made betwixt Congregations and Sessions ; when they met it was to give their opinions concerning the differences that were to be decided , or the Doctrine they were to judge of : sometimes they made an end in one Session ; sometimes more were required . The Disputes , Examinations and Conferences which were held for clearing of matters , were termed the Acts of the Council , as well as the Decisions and Canons : they were not kept secret , but freely communicated to all : but in later Councils affairs are much altered : Princes have been wholly excluded and deprived of all right of sitting in Councils as Judges ; they onely now assist as Witnesses and Spectatours . Heretofore even Lay-men , though they were not Princes , were admitted ; but the Church-men now have driven them thence . The Popes have taken to themselves the Power of calling Councils , and deprived Sovereigns of the same . By a distinction heretofore unknown , the Congregations are distinguished from Sessions : the Congregations have been appointed for debating , examining and resolving on , matters ; and the Sessions onely for the Ceremony of publishing the Points that were agreed upon in the Congregations . In fine , it hath been given out , that onely the Decrees and Canons ought to pass for the Acts of the Council : And therefore it is that all the Debates and Conferences of Trent have been suppressed , and nothing published but the Decrees thereof ; with design to keep from the knowledge of the publick , the heats and diversity of Sentiments which broke out , with no small scandal during the whole sitting of that Council .

The Pattern then of proceeding in the Council of Trent was taken from the later occidental Councils , and especially from the last Council of Lateran . It was resolved upon , that matters should be examined privately in Assemblies called Congregations , that in the publick Sessions all things might be carried decently and without Contest . The Congregations were likewise distinguished into Particular and General ; when a matter had been canvassed in Particular Congregations appointed by the Presidents , it was reported to a General Congregation of all the Prelates , where it was sully determined . At length the matters concluded upon were published , and this was done with great Ceremony in the Cathedral-church , where after Mass and Sermon , one Prelate in presence of all the rest read the Decrees , and the others gave no other Vote but placet or non placet .

A Debate concerning the Title of the Council , and the words , ( representing the universal Church . ) Whilst the second Session was expected , wherein there was nothing as yet to be done , the Legates proposed a Decree for regulating the manner of living Christianly at Trent , during the sitting of the Council : this Decree was read with the Title of the Council , the form of which had been sent by the Pope in these words , The most holy and sacred Oecumenick and universal Council of , Trent , the Apostolick Legates presiding therein . The French who had their prospects , to favour the opinions that prevail in France touching the Superiority of a Council over the Pope , desired these words to be added , Representing the universal Church ; most of the Bishops were of the same opinion ; but the Legates opposed it , because the Councils of Constance and Basil had used that clause , with design to establish the Superiority of the Church and General Councils over the Pope .

John de Salazar Bishop of Lanciano maintained the opinion of the Legates , vigorously insisting that that clause should not be added , because the ancient Councils had never used it . But he was also of opinion that the clause , The Apostolick Legates presiding therein , ought to be left out , because it was not of ancient use . He farther added that great and pompous Titles of Councils were not to be affected ; since every thing there ought to favour of Moderation and Humility . The Legates took the first part of the Advice of the Bishop of Lanciano , and past by the second ; so that notwithstanding all opposition , the Title stood , as it had been sent from Rome . The rest of the Decree past without any difficulty ; for it could not be called in question , seeing it contained nothing but exhortations to all to lead a Christian , honest and a sober Life . It enjoyned all the Members of the Council that were Priests , to say Mass at least once every Sunday : and in the conclusion of the Decree , they Council declared that if any one in the Assemblies should speak out of his turn , or sit out of his place , he should not thereby sustain any prejudice , nor yet forfeit nor acquire any right .

The seventh of January the second Session was held ; 1546. in the which were present twenty eight Bishops , four Archbishops , three Abbots of the Congregation of Mount Cassin , four Generals of Orders , who with the three Legates and the Cardinal Bishop and Lord of Trent made up an Assembly of three and forty Persons . This company met in the house of the first Legate , and from thence went in great Pomp through a lane of Musqueteers , to the Cathedral . So soon as the Prelates entred the Church , the Souldiers drew up round the place , and gave a Volley : then was Mass said , and a Sermon preached ; after which the Decree was read , and all answered with a Place● ; except the French , who persisted in demanding the words , universam ecclesiam representans , to be added to the Title . This being done the next Session was appointed to be on the fourth of February .

The Legates complaine that there appeared division in the very Session , and pretend to enter upon business . There was no Congregation held untill the thirteenth of January , wherein the Legates complained that opposition had been made to the Title of the Council even in the Session ; alledging that it was neither prudence nor wisedom publickly to break out into diversity of Sentiments , because nothing could prevail more to bring the Lutherans to submit to the Council , than the harmony & union that should appear in their Proceedings . Afterwards they gave it out that they intended to enter into matters of importance , as the Prelates desired . They proposed to them the three Heads contained in the Pope's Bull , for which the Council was called , to wit , the extirpation of Heresies , the reformation of Discipline , and the restauration of Peace ; they asked the Bishops counsels concerning the Order wherein these three Points ought to be handled , beseeching them to pray for the assistance of God in it , and to come prepared for treating thereof in the next Congregation . This was so much time gained , during which the Legates expeded Letters from Rome . They had wrote to Rome to know if the Pope would be satisfied that they should remit any thing as to the words in the Title , representing the Universal Church : but in particular they acquainted him that they were informed by Cardinal Pacieco , that the Emperour had enjoyned the Spanish Bishops to repair to the Council , and that therefore it was necessary that he should send ten or twelve trusty Italian Prelates , on whom he might rely , to be opposed to the Spaniards that were to come : because the Italians who were then at Trent were men of no great interest nor authority .

The second Congregation was held the eighteenth of January , where opinions were given about the method of handling the three above mentioned Heads . The Germans alledged that there could be no hopes of success in the extirpation of Heresies , before the Church was reformed , and that therefore before all things , they should set about a Reformation . The others , though in very small number , were for taking a quite opposite Course , and that they should begin with matters of Faith . There was a third party of opinion that they should treat of Doctrine and Reformation at one and the same time , which opinion prevailed in the Sequel : but it was not the Legates intention that any thing should be concluded in that Congregation ; they therefore broke it up , and referred the matter to another time . This , indeed , was resolved upon , that the Congregations should be regularly held twice a week , to wit , Munday and Friday , to avoid farther trouble in calling them .

The Legates wrote again to Rome , urging that they might at length have instructions sent them , as had been promised , and money for the poor Bishops , because they could no longer amuse the Prelates with Preliminaries , that the time of the third Session drew nigh , and no body could tell what might be decided in it . The Pope was in no haste , the Council was least in his thoughts ; for he was wholly bent upon a War , which Cardinal Farnese had the year before concluded with the Emperour , against the Lutherans . A great party of the Council are for beginning with Reformation ; but the Legates oppose it . During these delays that party of the Prelates which was for beginning the actions of the Council by the reformation of Discipline grew strong : and that was quite contrary to the intentions of the Court of Rome , which aimed onely at the Lutherans , and dreaded a Reformation . The Legates therefore , who had for a long time dextrously evaded that proposition , were at length forced to oppose it openly in a Congregation of the twenty second of January ; and made use of this reason that stood them in great stead , That the Emperour had promised the Protestants that if the Council made no progress in the decision of Controversies , he himself would call a Diet to end all differences in Religion . They therefore alledged that if they did not first meddle with matters of Doctrine , they could not hinder the Germans from taking a course of their own , without expecting the Decisions of the Council . In was thereupon concluded , that the matter of Reformation and of Doctrine , A debate about the Seal , that the Council was to use for their Letters . should goe hand in hand together ; there arose also some debates about the Seal which the Council should make use of in sealing the Letters that they might have occasion to write to the Pope , to give him thanks , and to Kings to invite them to send their Prelates to the Council . Most part were for the Councils having a Seal , and some proposed to have it of Lead , with the Image of the holy Ghost on one side , and the name of the Council on the Reverse : others proposed other forms ; but the Legates had no mind to any of them , they cunningly told them there was no Engraver at Trent , that they must therefore send to Venice , which would be tedious ; and that it were better at present to make use of the chief Legate's Seal . This seemed to be no great matter , but however there was somewhat in it ; for the Court of Rome were not for the Councils having a proper Seal , that so all its Authority might in every thing seem to depend on the Pope . Inferiour and dependant Courts seal their orders with the Seal of the Prince , and they had a mind to bring the Council to that . And thus did the Legates find ways of amusing the Prelates that they might gain time , according to the Pope's intentions , till their instructions were sent them . But in this they found no matter , that could deserve a decision : the day of the Session approached , and they could not imagine what excuse to make ; since they intended neither to treat of any Article of Doctrine , nor of Reformation . At length Cardinal Pool hit upon a very seasonable expedient ; To amuse the Council the Creed is published . that in that Session the symbol of the Creed of the Church of Rome ought to be confirmed and published . The sharper sighted alledged that it was to expose the Council to derision , to publish and confirm a Creed , which for twelve hundred years had been universally received in the Church , at a time when there were so many controversies to be determined . But that reason had no effect ; and the Legates were overjoyed to have found out that Biass , to take them off from litigious contests . The Decree past upon it notwithstanding all the opposition of those who said , that after the pursuits and negotiations of twenty years , they were now at length assembled to hear the rehearsal of the Creed .

Third Session . The Session was held the fourth of February , and the Prelates went in body to the Church with the usual Ceremonies , though in secular habit ; but took their Pontificals when they came into the Church . Peter Tagliava Archbishop of Palermo officiated , and Ambrosio Catarino of Siena a Jacobin Monk made the Sermon . Afterwards according to the Decree of the Council the Creed was read , with a Preface importing , that therein they imitated the ancient Councils , which secured themselves with that shield against Heresies , before they began to act any thing . Then was read the other Decree whereby the next Session was appointed to be the eighth of April , that is two Months after . The Legates used a pretext for that long interval , that it behoved them to expect the coming of many Prelates who were on their Journey to the Council .

The Reformation advances in Germany . The opening of the Council and the small matters that were acted in it , hindered not but that the affairs of Religion proceeded in the same manner as before in Germany : the Reformation advanced in some states , whilst it was opposed in others . The Elector Palatin re-established the Communion under both kinds , the marriage of Priests , and the Divine Service in the vulgar tongue , and that was a beginning of Reformation , that at that time went no farther . The Conference at Ratisbonne which produced nothing . The conference of Ratisbonne which the Emperour had appointed the year before , began in the Month of January , and the Emperour deputed the Bishop of Eichstadt , and the Count of Furstemberg to preside therein in his name . But it had no happy issue ; for the Emperour 's own Deputies , without doubt according to the instructions and intentions of their Master , who had no other design by these conferences , but to amuse the Protestants , and give Jealousie to the Pope , first crost and then broke it off . However his design being to find a pretext of War with the Protestants , he made a great noise about the rupture of that conference , came to Ratisbonne in Person , wrote and complained of it to all the Princes of the Empire . The same year Martin Luther died in his great Climacterick , being sixty three years of age , on the tenth of February . The death of this Man filled all the Catholicks with Joy , who verily believed that the great work of the pretended Reformation would certainly fall to the ground , after the death of him that first set his hand to it . The Council of Trent looked upon that accident as a presage that Heresie should be overthrown by its Authority , since that in the beginning of its Actions , the great Haeresiarcha was fallen . But such kind of Prognosticks are not always certain , as experience hath demonstrated .

After the third Session which was held the fourth of February , the Legates wrote to Rome , At length they prepare to begin the Examination of matters , and chuse that of the Scriptures . shewing the impossibility of holding the Members of the Council any longer in suspence , or of putting them off with trifles , as had been done till then . The Pope therefore at length gave consent , that they should set to work in good earnest , and the Legates were of opinion that they ought first to begin with the subject of the Scripture . The Council had been in doubt , where to begin for confuting and censuring the Doctrine of Luther ; some were for following the order of the confession of Ausbourg ; but others thought that that would be too great an honour for the Confession : they liked better to have abstracts made of their Books , and to follow the order that the Divines should think most proper . The Doctrine of the Protestants , that they intended to condemn , was reduced to four Heads . The first was concerning the sufficiency of holy Scriptures , and the necessity of Traditions ; the second of the Canonical Books , and their number ; the third was about the Authority of the Vulgar Translation , and the necessity of having recourse to the Originals ; the fourth related to the Intelligibleness and Perspicuitie of the Scripture , the sense that it ought to be taken in , and the Interpreters that were to be followed . Besides these there was a fifth Article proposed to be examined , to wit , if these matters should be condemned with Anathema's . There waited on the Council about thirty Divines , most part Monks , who till then had been of no use but in making some Sermons in praise of the Pope and Council : but now there is work cut out for them ; for they were employed to open the matters , and to make the first inquiry into the controversies ; and hereupon they discoursed in Congregations appointed for that purpose , in presence of the Prelates , who afterward gave their Judgment upon what they had learnt in the Congregations of the Divines . But the Divines had no Vote , in consulting and forming the Decrees . The heads above mentioned were therefore stated in the Congregation , and left to the disputations of the Divines . As to the first head , that concerned traditions , they were almost all very well agreed , that they ought to be received as a part of the revelation of God's Will. Antony Marinier is not of opinion that the necessity of Traditions should be made a point of faith . But Antony Marinier a Carmelite Monk started a considerable opinion ; he did not think it pertinent to make that a point of Faith , because for asserting the absolute necessity of Traditions , one of these two things must be granted , Either that God had forbidden to write the whole revelation of his will , or that the Prophets and Apostles had written their books at random , without design of transmitting that revelation by Scripture ; and that hence it was that part of that revelation had been written , and the rest unwritten : he urged that the first could not be proved , to wit , that God had for bidden to commit all his revelation to writing ; and that the second was injurious to providence , which guided both the Conduct and Pen of these holy Writers . He gave therefore his opinion , that they should follow the Course of the Fathers , who had made use of Traditions when there was occasion , without making their necessity a matter of Faith . This opinion was not at all like , and Cardinal Pool one of the Legates censured it severely , saying that it had been sitter to have been started in a Conference of Lutherans in Germany , than in a Council .

Four opinions about the Canonical Books . Upon the Article of the Canonical Books , there were four opinions : some were for ranking them into two Classes , that in the first should be placed the Books which had never been contested , and in the second , those which had ; this was the Opinion of Luigi di Catanea a Jacobin , who grounded it upon the Authorities of St. Jerome and Cardinal Cajetan , who had both done so : some were for having them divided into three Orders ; the first , of those whereof no doubt was ever made ; the second , of those which had been heretofore questioned , but which now are received ; and the third , of those of which no perfect Certainty was ever pretended to . The third opinion was for reducing them into a Catalogue without any distinction ; and , in a word , some were for naming expresly those Books that had been controverted , to the end they might be declared Canonical . The Book of Baruch gave them more trouble than the rest , because no Pope , nor Council had ever cited it for Canonical : but a certain Person made a shamefull remark , that the Church read part of it in the Desk , and that was enough to canonize it .

By the Eighth of March the Divines had made an end of their Conferences about the Articles proposed to them : and next day the Prelates assembled in Congregation , to consult , conclude , and form the Decrees . They past the Article of Traditions , ordaining the same Authority to be given to them , Vergerio drawn over by the Lutherans , at length openly declares himself . as to the written word , and referred to another time the point concerning Canonical Books ; some days after Don Francisco de Toledo , the second of the Emperour's Ambassadours Collegue to Don Diego de Mendoza , came to Trent : and the same time Vergerio who had a Bishoprick bordering on Germany arrived there also . This man was famous for many Nunciatures that he performed in Germany ; and several Conferences which he had with Luther and the Lutherans by Commission from the Pope . But instead of convincing the Lutherans in these Conferences , the Lutherans had convinced him : and Vergerio had not so well disguised his Sentiments , but that he had raised himself an Enemy , one Fryar Hannibal an Inquisitour , who stirred up a Sedition of the People of his Diocess against him . He came therefore to the Council to justifie himself , but was ill received , and referred to the Pope . Instead of going to Rome , he resolved to return to his Bishoprick , hoping to find the Tumult quieted . But the Nuncio that was at Venice sent him orders to the contrary , and was preparing to proceed against him , by order of the Court of Rome . In sine , Vergerio took the Course of declaring himself openly , and retreating into a place of safety : he fled into the Countrey of the Grisons , where he made a publick Profession of the Lutheran Doctrine , and afterward wrote many things against the Pope and Church of Rome . In the Congregation of the 15th of March , it was ordained that all the Canonical Books of Scripture should be equally approved of , and no distinction made amongst them : but there happened great Debates about the vulgar Translation . Luigi di Catanea a Jacobin was of opinion , that the method of Cardinal Cajetan ought to be followed , who had recourse to the Greek and Hebrew texts , and had them interpreted to him word for word , because he understood not the Languages . This Cardinal was wont in his last days to say , that they who contented themselves with the Latin text , had not the word of God pure , and without mixture of errours ; this Jacobin stood stiff for the Originals against Translations ; but the Plurality of Votes were for the vulgar Latin , and for having its Authority to be absolutely established without any reserve . And some were even for having it declared , that the Authour of that Translation was guided by a Spirit of Prophecy . One reason that influenced the Patrons of the vulgar Translation was , that if they re-established the original Greek and Hebrew in their ancient Authority , the Grammarians would for the future be the Masters of Theology , and the Divines and Inquisitours be obliged to learn the Languages . But there were some learned men in that Assembly , who could not endure to have it said , that the Latin interpreter had a Spirit of Prophecy : Isidorus Clarius a Bressian Abbot of St. Benet , an able man and versed in the knowledge of Languages , refuted that opinion ; he gave a History of that version , and shew'd it to be made up of an ancient Latin Translation , which was called the Italick , and the version of St. Jerome ; he endeavoured to prove that it was not the work of one man , but of many , and that it being made up of pieces patcht together , he concluded that it was not at all likely , that all who had laboured therein , were inspired ; adding withall , that it was evident enough that these different Authours were not infallible , since many faults were to be found in that Translation . It was nevertheless still his opinion , that it ought to be preferred before all other versions , provided it were first corrected . Andreas de Vega was of the same mind , that there were faults in the vulgar Translation ; but was , notwithstanding , of the opinion that it should be declared Authentick , without prejudice to any to consult the Originals . They proceeded next to the Article of the sense and interpretation of Scripture . It was thought that the liberty that men had taken to themselves in these later years of interpreting Scripture , was the cause of the Heresies in Germany : And therefore the Council purposed to remedy that , by barring private men from expounding the Scriptures according to their fancy . Some were for admitting all modern interpretation , provided it were not contrary to the Faith , and that opinion Cajetan had maintained . Others thought that some liberty might be allowed to diversity of interpretation , provided they did not clash and contradict one another ; and these last approved the remark of Cardinal di Cusa , who heretofore said that Scripture ought to be interpreted variously , according to the times , and the Heresies that are to be confuted . But most part were of a contrary opinion , and judged it necessary to confine Expositours to the Interpretations of the Fathers , and not to admit of any new expositions . A Cordelier of Mons called Richard , went a little farther , and said that the Holy Scripture was not now any longer necessary for teaching Divinity , which is sufficiently to be found in the Books of the School-men ; and that at present Scripture was not to be read for the instruction of the People , but onely for Devotion . The conclusion , at length , of all these disputes was , that the vulgar Translation was declared Authentick , with a proviso that it should be corrected , and Deputies were appointed to make the amendments . But sometime after , the Pope put a stop to that work which was begun , and caused it to be differred untill new orders ; in fine , all liberty of broaching any new sense of Scripture different from that of the Fathers , was taken away .

In the Congregation of the 29th of March , the question was debated , whether Canons and Anathema's were to pass upon these points ; some there were that thought it very hard to declare Hereticks and pronounce Anathema's against those who might question the supreme Authority of the vulgar Translation , and take the liberty to observe faults in it ; but an expedient was found , which was , to make a Canon touching the necessity of Traditions , and the number of Canonical books with Anathema's , and to refer the vulgar Translation , and what concerned the interpretation of Scripture to the Chapter of Reformation where none were to be used .

In consequence of this it was moved , that means ought to be found to put a stop to the bad use that Libertines and profane People make of the Holy Scriptures ; some in Magical operations , and others in defamatory Libels , where they pervert texts of Scripture by wicked and impious Applications . The Cardinal di Monte was very hot about this , being much concerned at the Pasquinades of Rome , by reason of the Disorders of his Life . At length it was resolved that a Decree should be made , whereby , without descending to particulars , such kinds of abuses should be Prohibited in general terms , and all Printers forbid to print them .

On the Eighth of April , the day appointed for the fourth Session , forty eight Bishops , and five Cardinals , went in the usual order , and with the accustomed Ceremonies to the Cathedral Church : after which the Decrees were published , declaring Traditions to be of equal Authority with the Holy Scripture ; the Catalogue of the Canonical Books were regulated , the vulgar Translation made Authentick , and the licentiousness of Libertines and Printers repressed . In the same Session Don Francisco de Toledo the Emperour's Ambassadour caused the Emperour's Commission for Don Diego de Mendoza who was sick at Venice , and for himself , to be publickly read ; and then made his Master's Complements to the Council , which were returned .

There first Decrees of the Council were ill relished by the Germans , and they did not take it well that so small a number of men should take upon them in quality of a General Council , to judge of so important a matter . But the Pope was extremely well satisfied with their proceedings ; and that made him intimately concerned for the affairs of the Council ; fortifying the Congregation of Cardinals at Rome , to whom these affairs were particularly committed : he dispatcht three Orders to the Legates who presided in the Council of Trent ; first , that they should publish no Decree without first acquainting him with it , secondly that they should not spend time about matters that were not controverted ; and lastly , that they should not suffer the Authority of the Pope to be called in question . About the same time the Pope excommunicated the Archbishop of Cologne at the instance of the Bishops of Utrecht , Liege , and of the Clergy of Cologne : The Pope excommunicates Herman Archbishop of Cologne . he declared him deposed from his Archbishoprick , and absolved his Subjects from their Oath of Allegiance to him , as being an Heretick and an Abettour of Hereticks ; ordained them to submit to the Count of Shawembourg his Coadjutour , as to their Archbishop . The Emperour who valued not the Ordinances of Rome , but as they made for his interest , did not immediately upon this excommunication break with the Archbishop ; but for sometime continued to treat with him as Archbishop of Cologne ; because he was afraid that if he put him too hard to it , he might join in War with the Confederates against him , whereas till then he had persevered in his Obedience . So that that Sentence did no great harm to the Archbishop ; but wrought pernicious effects in the minds of the Protestants , and those that favoured them . This does evidently demonstrate , say they , that the Council signifies no more than a formal Convocation , seeing People are excommunicated for Doctrines which ought to remain undecided , untill the Council have pronounced a definitive Sentence . Nevertheless , sometime after , Herman was obliged to resign his Archbishoprick .

The Synodal actions were again renewed in the Council , that the matters might be prepared which were to be Judged in the next Session . The Pope had enjoyned his Legates to set on foot the question of original sin ; but the Germans opposed it , and would have them to fall upon the matter of Reformation . Don Francisco de Toledo insisted so much thereupon , in the Emperour's name , that the Legates were forced to tell him in plain terms , that they had express orders from the Pope not to meddle with the matter of Reformation ; and because the Ambassadour was not satisfied with that answer , but continued his Instances , the Legates wrote about it to Rome . Whilst they stayed for new Orders from thence , they caused some regulations to be made about the manner of proceeding , that matters might be carried more orderly . It was ordained , that for the future , three kinds of Congregations should be held , one wherein the Divines should examine matters of Doctrine ; the other for handling the affair of Reformation , into which the Doctors of the Canon Law should be admitted ; and lastly , a third sort which was onely to consist of Prelates , to form the Decrees concerning Doctrine and Reformation . To comply with the Germans , who desired that the matter of Reformation of Discipline should be taken in hand before all things else , the Legates gave way to the resuming the matter of Lectures and Preaching ; which had been already moved before the last Session , A considerable debate on the subject of Preaching , the Mendicant Fryars having invaded the Pulpits . and had been referred to another time . The great corruption of the Clergy , and the supine ignorance of the Priests in past ages , was the cause that the Bishops and Priests who had the cure of Souls , did wholly abandon the care of instruction and the charge of Preaching . The Colleges and Mendicant Fryars seized the Pulpits which they found empty , and obtained privileges from Popes to Preach every where without the Permission of the Ordinaries , that is , of the Bishops ; and the Monks had now a possession of two or three hundred years to confirm their Title . The Bishops bestirred themselves vigorously to recover the possession of their rights , and demanded the revocation of those privileges : the Monks defended their cause , and many writings and great debates were thereupon occasioned on both sides . The Divines and Canonists were consulted , and most part gave their opinions in writing : the Legates , in the mean time , under pretence that the reading of these Papers would take up too much of the Councils time , caused an abstract of them to be made , which should be read in a solemn and general Congregation . But because that abridgement was probably defective or partial , one Braccio Martello , Bishop of Fiesole , opposed the reading of it , and spoke with a great deal of freedom : he told them plainly that their deliberations ought not to come packt to them from other places , meaning Rome , nor that it was fit that two or three Persons should be the sole Arbitrators in all affairs , intimating the Legates ; and that therefore it was necessary that all should hear the reasons , and that in their full extent , that they might be the more able to comprehend their strength , and pass their Judgment upon them in the assembly . This discourse choaked the Legates , who not onely rebuked him upon the spot , but wrote to Rome also to have him banished the Council , and the Bishop of Chioza prohibited to return thither any more . This last Bishop had had a little too bold dispute with the Legate Pool concerning the opinion of Antony Marinier the Carmelite , touching Traditions : he had defended the opinion of the Carmelite , complaining that there was no liberty allowed in the Council , and in consequence of that , he had absented himself presently after the Session , under pretence of being indisposed . The Pope , however , was more prudent than the Legates ; for though he was no less resolved than they to oppress the liberty of the Council , yet he thought it fit to observe measures , and to wink at the actions of those two Bishops . The abstract was then read , notwithstanding the opposition of the Bishop of Fiesole ; and the Bishops alledged their reasons , upbraiding the predicant Monks with Avarice , with the Collections and Alms which they erogated under colour of Preaching and instructing Souls . The Monks , on the other hand , pleaded that they could not be accused of Usurpation , since by permission from the chief Pastor of the Church , they had stept into the Pulpits , which they found forsaken . This Article , as well as others , must wait for its decision from Rome . The Pope wrote to the Legates , that they should endeavour to maintain the privileges of the Universities and Monks ; but withall find out some expedient to satisfie the Bishops . But if the Bishops intended to make themselves absolute Masters within their Diocesses , to the prejudice of the exemptions granted by the Popes , that they should not fail to oppose it , and to defend the Monks against the Bishops ; because the Monks depending immediately on the holy See , have been always the chief supports of its Authority , and have been very usefull for bringing down the Bishops . The expedient which was , at length found , was to re-establish , according to the ancient custome , in Cathedral Churches , a Doctor of Divinity for reading of Lectures . The name of that office was still in being in Cathedral Churches ; for there was one in the chapter called the Scholasticus , to whose office there was a Prebend annexed , as being chief of the Lecturers , and he himself ought to be a Professour of Divinity , the superintendance of that affair was without any difficulty granted to the Bishops . But it was not so easie a matter to allow them the same power over Monasteries , wherein they also intended to re-establish the custome of Lectures of Divinity , for instructing those to House . The Legates could not endure that the Bishops should have the oversight of that , though the business was not about the Mendicant Fryars , but onely simple Monks , for fear of detracting from the privileges that had been granted by the Popes , and of emancipating the Monasteries from the holy See , to subject them again to the Bishops . Whilst they were sticking at this point , A considerable overture of Sebastiano Pighino , for contenting the Bishops without diminishing the Authority of the holy See . Sebastiano Pighino Auditour of the Rota made an overture that brought the Council out of these difficulties . His opinion was that the Bishops ought to have power to re-establish the Lectures of Theology in Monasteries , not in quality of Bishops , but as Delegates of the holy See : that is to say , that they should act in that affair by the Pope's Authority , and as it were , in his name . It is incredible of what use this invention was in the sequel of the Council ; and it was a fetch always employed when any thing was to be restored to the Bishops , without diminution of the Authority which the Pope had usurped over them . That so well contrived expedient was presently laid hold of ; for it was Enacted that Parochial Churches united to Monasteries , and which depended on no Diocess , should for the future be under the Direction of the Metropolitan , as Delegate of the holy See . In like manner because there were Preachers who had obtained privileges from Rome to answer to none but the Pope , it was ordained that they might be punished by the Bishops in the same quality of Commissioners delegated by the Pope .

As to the matter of Preaching , the privilege was continued to the Monks : but to give some satisfaction to the Bishops , it was ordained that it should be in their power to admit or reject those religious Preachers , when they offered to Preach in other Churches than those of their Order , and that the Monks before they could Preach , even in their own Churches , should be obliged to receive the Bishops Benediction : and in short , that the Bishops might punish the religious Preachers , and suspend them from Preaching , in case of Heresie and Scandal . The Generals of the Orders were not over well satisfied with these regulations , but the Legates found means to appease them . The Council enters upon the matter of Original sin , notwithstanding the opposition of the Germans .

And now the Legates having received new orders from the Pope to handle the matter of Original sin , set about the execution of that Commission . Cardinal Pacieco a Spaniard , and all the Imperialists , withstood it again , but all to no purpose , for the matter must be so .

The first thing they did , was to propose the errours that were to be condemned , distributed into nine Articles . But for the convenience of Dispute , before these nine Articles were condemned , it was thought fit to reduce the whole matter to four principal heads ; the first , what was Adam's sin ; the second , what is it that is derived from him to his posterity ; the third , in what manner that sin is transmitted to his descendants ; and the last , how it is pardoned and forgiven . As to the first head it was agreed , that Adam by his sin lost his original righteousness and innocence ; that by the loss of that innocence came the disobedience of the affections , and the rebellion of the members , which the Scripture calls Concupiscence . They likewise agreed that these evils could not properly be called the sin of Adam , because they are the effects and punishments of his sin , rather than the sin it self . So that they defined that the sin of Adam consisted properly in the action which he had committed against tho command of God : and here they gave themselves the liberty to enlarge , and dispute about the nature and kind of that action , to wit , whether it was pride or infidelity , gluttony or simple disobedience .

They found more difficulty about the second head , to wit , what it is that is derived from the first man unto his posterity . Hereupon many different opinions arose ; some followed the sentiment of St. Austin , who will have concupiscence to be the original sin derived from Adam : The Cordeliers were of the opinion , of Anselme and Scotus , who say that the privation of original Righteousness is truly original Sin , and not Concupiscence ; because Concupiscence remains after Baptism , which purgeth away original Sin . Most part of the Jacobins were of the Judgment of their own St. Thomas , who thinks that the privation of original Righteousness , and Concupiscence made up original Sin , so that the privation of original Righteousness , is as the form , and Concupiscence as the matter .

As to the third head that relates to the manner how that Sin is transmitted to the Descendents of the first Man , as the matter is more obscure , so the Divines found themselves more puzled about it ; all the various opinions of the School-men were offered ; and each of them had its adherents : but that occasioned no great Debates ; no more than the fourth head , which respected the manner how original Sin is pardoned and forgiven : They all agreed , that it is fully blotted out by Baptism , and that thereby the Soul becomes as pure as the Soul of Adam was in the State of Innocence ; there was nevertheless some dispute betwixt Ambrosio Catarino and Dominico à Soto about the Nature of original Sin : Catarino maintained that the privation of original Righteousness , and Concupiscence could not be the true original Sin , because these are rather the Punishments of Sin than the Sin it self ; and therefore he pretended that the Action of Adam was solely and properly original Sin , and that that Action was transmitted to his Posterity by imputation , by virtue of the Covenant that God had made with Adam , at that time when he represented all Mankind , and acted in the Name of all his Posterity ; he moreover denied that the Corruption of Sin could either be transmitted by the Soul or by the Body ; because the Body , according to the supposition of that Divine , can neither act upon the Soul , nor the Soul upon the Body , Dominico à Soto defended the opinion of St. Thomas , and said that after the Commission of Sin there remains a stain and inherent quality , and that that stain and that corrupt quality descends from Parents to their Children .

Whilst they were disputing about these four heads , the Council at the same time were upon the censuring of the nine Articles , that had been proposed in the beginning , according to the relation they stood in to the four heads that were under examination . The two first Articles that were proposed to be censured , denied original Sin , or made it onely to be derived to Children by way of imitation , The Council censures the nine Articles of Doctrine which are imputed to Protestants about original Sin . and were without difficulty condemned as heretical . Not that they were found in the Writings of Luther , but they thought that they had found in the Writings of Zuinglius that he believed not original Sin . However the more intelligent and less passionate having well examined his expressions were of opinion that his design was not to deny the propagation of that Corruption , nor the depravation of Nature ; but that he onely denied that that original Corruption could be referred to that kind of beings , which are called actions , reckoning them to be onely dispositions to action , which is the Sentiment of the whole Church . Erasmus was accused of maintaining some opinions contrary to those of the Church touching original Sin , and of believing that it past from Parents to Children onely by example and imitation . In one of the Articles taken out of the Books of Luther , they made him say that original Sin consists in ignorance , in the contempt of God , and in the privation of the fear , affiance in , and love of God ; which they looked upon to be an extremity opposite to that opinion of the Pelagians . So that Luther was not accused of denying original Sin , but rather of making it consist in actions onely to be found in men grown up ; because Infants can neither contemn nor hate God ; this difficulty being often proposed to the Lutherans in the Conferences of Germany , they made answer that by these expressions they meant inclinations to the contempt and hatred of God ; which shews that they onely offended in the manner of expression ; but because the Council was resolved to make every thing a Crime , these harsh expressions were reckoned amongst their Errours . The most important question that was discussed about that matter was , whether original Sin remains after Baptism ; and nevertheless it is hardly any thing but a contest about words ; for all Divines are agreed that Concupiscence remains after Baptism ; and the question onely is then , whether or no that Concupiscence be original Sin ; for if that be the remaining Concupiscence , without doubt original Sin remains also . So that all the question comes to this , to know whether after Baptism Concupiscence ought to be called Sin , as the Protestants pretend , or barely a decay and sickness of Nature , as the Catholicks would have it ; that was no very important question then : and yet all were agreed , except the Carmelite ▪ Antony Marinier , that there was enough in it to fasten Heresie on the Lutherans . He was willing to acknowledge with all the rest , that original Sin does not remain after Baptism ; but he thought it an excess of severity to condemn the contrary opinion as heretical . He maintained that both the one and the other might be safely said , that original Sin remains after Baptism , and that it does not remain ; that St. Austin had expressed himself two manner of ways that seem contrary ; that in his Books to Boniface , he hath said that Concupiscence was not Sin , but both the cause and effect of Sin ; and that on the contrary in his Books against Julian he hath expresly said , that Concupiscence is Sin , the cause of Sin , and the effect of Sin ; and that therefore it was evident that according to his thought , one may hold the one or other opinion without Heresie , and say that Concupiscence after Baptism is a Sin ; or is not a Sin . This discourse created many Jealousies against the Carmelite , and made them suspect him to be infected with Lutheranism ; and the rather because he had been observed before that , to have said many things in his Sermons agreable to the Doctrine of the Lutherans . Amongst other things he had said , that we ought to put all our trust in God , and not to rely on our works , that all the vertues of Heathens were real Sins , and that a man might have some assurance of his being in the state of Grace . One of the Articles that was to be condemned , respected the Punishments that are due to original Sin , and to which Infants that die without Baptism are obnoxious . The opinion of St. Austin , and of Gregory of Rimini a famous School-man , which condemns such Infants to everlasting Torments , was unanimously rejected by all . The Cordelier Divines who were at the Council , maintain'd that the place to which these Infants were confined was not under the Earth , but upon the Earth , and in the light ; others added that they were taken up in reasoning about the works of Nature , and that they tasted that satisfaction which men find in the discovery of curious matters . But Catarino went a great deal farther , and allotted them a kind of supernatural Bliss : saying , that in the place where God put them , they should be visited by Angels and Saints : he laboured all he could to get the opinion of St. Austin condemned , but to no purpose . It was indeed disapproved , but out of the respect that was had to that Saint , they would not declare it heretical . The sentiment of the Jacobins which placed these Infants in a Limbus where they are without sorrows and pain , but deprived of Beatitude and Joy , prevailed and was most approved .

The Prelates understand not the matter of original Sin , and know not how to make Decrees about it . After these long Conferences of the Divines were over , the Prelates held their Congregations for forming the Decrees and Canons . But they knew not how to set about it ; for it is a thorny question , and part of the Bishops understood it not . Most part were of opinion , that they should not define original Sin , nor propose heads of Doctrine to declare the Judgment of the Church concerning that matter . They who better understood the question opposed that , saying that Councils were called as well for instructing Believers , as for condemning of Hereticks , and therefore they ought to declare what true Christians ought to believe , as well as what they ought not . But the Bishop of Sinigaglia and Gieronimo Seripande General of the Augustines who insisted on that , gained no ground ; for it behoved the Bishops , before they could lay down heads of Doctrine touching that thorny question , to be well instructed in it , and they resolved not to trouble themselves about that : though , perhaps when they had taken all the pains they could , they might not have been able so to have fathomed the point , as to have explained it clearly . They , therefore , thought it enough to form Canons seconded with Anathema's : And the first of them condemns those who deny that Adam lost original Righteousness by his rebellion ; The second is against those who deny that original Sin is transmitted from Adam to his Posterity ; The third Anathematises those who say , that original Sin is not fully washed away by Baptism ; The fourth condemns those who say , that Baptism is not of absolute Necessity for purging away original Pollution ; and the fifth , at length , pronounces a Curse against those , who hold Concupiscence after Baptism to be a Sin .

A Dispute betwixt the Jacobins and Cordelier about the immaculate Conception of the blessed Virgin . Upon occasion of the second Anathema pronounced against those who deny that the Sin of Adam is communicated to all his Posterity , there arose a great dispute betwixt the Cordeliers and Jacobins , concerning the manner how the Decree was to be couched . The Cordeliers being engaged in the Party of Scotus , who was of their order , maintain the immaculate Conception of the blessed Virgin : And the Jacobins who follow St. Thomas deny it . About the Year eleven hundred and thirty six , the Canons of Lions started that opinion of the immaculate Conception , and would have established a Service for celebrating it , but St. Bernard opposed it . The Thomists opposed that Sentiment untill the Year thirteen hundred , at which time Johannes Scotus , a Cordelier , made a Probleme of that opinion and judged it probable : afterward the Cordeliers pusht it on from probability to certainty , and made it almost an Article of Faith . On the contrary the Jacobins persisted in the Sentiment of St. Bernard and St. Thomas : and this sowed the seeds of a War which hath lasted three hundred Years , and does still continue betwixt those two Parties . The University of Paris hath embraced the opinion of the Cordeliers , several Popes have declared for it , and some against it . Pope John XXII . favoured the Jacobins , because of the hatred he bore to the Cordeliers , who stood for the Party of the Emperour Lewis of Bavaria whom he had excommunicated . Sixtus IV. who was a Cordelier openly favoured his order , and made a Bull in the Year fourteen hundred and seventy four , whereby he prohibited any to censure the opinion of the immaculate Conception as heretical , and confirmed the new Service that had been made for celebrating the Festival of that Conception . This War continued still very hot at the time of the Council : And therefore the Jacobins endeavoured to obtain , that it might be declared in general terms without any exception , that the Corruption of Adam was transmitted to all men , that so the blessed Virgin might be comprehended therein . On the other part the Cordeliers pleaded that she might be excepted from the general rule . The Court of Rome was consulted upon the matter , and the answer from thence was , that they should not meddle with that controversie : so that the Legates declared that they were not assembled to pronounce upon differences that Catholicks had amongst themselves , but onely to condemn Hereticks . The Council therefore not to offend either of the Parties , but to satisfie the Cordeliers without condemning the Jacobins , added a clause to the end of the Decree ; that it was not their intention in all that had been said , to doe any prejudice to the opinion of the immaculate Conception ; but that the mind of the Council was that the Constitution of Sixtus IV. should be observed .

Things being thus prepared , and the Legates having thereupon acquainted the Court of Rome , all that had been done was approved of ; the Session was held the seventeenth of June , and after the Ceremonies were over , the Decrees were publickly read by the Bishop that had officiated . There were two Decrees , one concerning Doctrine , and the other about Reformation ; the first contained the five Canons against the errours of the Lutherans , and other Protestants about original Sin , which have been mentioned before . In the second Decree there were two articles ; the first related to the Lectures of Divinity which were to be re-established in Cathedral and Collegiate Churches . It ordained that in such Churches able men should be chosen for making Lectures of Divinity upon the Scripture ; that the same should be done in Monasteries ; that the Abbots should take the care of that , and in case of their neglect that the Bishop might compell them to it , but still by a Power delegated from the holy See . And , in fine , that the Readers in Divinity before they began to make their Lectures , should be approved by the Bishop , excepting those of Cloysters whom the Council did not oblige to demand that approbation . The second Article of the Decree of Reformation ; did regulate the matter of Preaching and Preachers . It ordained that the Bishops should preach themselves , and that if they could not , they should fill their places with men fit to instruct and edifie : that the Curates should be obliged to make Sermons or Prones at least every Sunday and all holy Days : that the Preachers who should preach in Parishes under the Jurisdiction of Bishops , should have licence from them before they take possession of the Pulpits : that the Preachers in Cloysters , should at least take the Bishops Blessing : that if these Preachers should prove to be Hereticks or scandalous , they might be suspended by the Ordinaries : that if they had a Privilege from the Pope that exempted them from the Jurisdiction of the Bishops , yet they might still be suspended and punished by them , as Delegates of the holy See ; and that the Collectours should neither preach themselves , nor cause others to preach up the sale of Indulgences . This being done , the next Session was appointed to be held the nine and twentieth of July , and before the breaking up of the present , Peter Danes Ambassadour of Francis I. King of France was received into the Council ; he delivered his Master's Letters , Peter Danes Ambassadour of France comes to the Council , and there makes a long Speech . and backt them with an eloquent Speech , wherein he did with much pomp enumerate the great obligations that the holy See had to the Crown of France : he told them what Charlemaigne had done in favour of the Popes ; how Adrian the first had granted him the Power of creating the Pope , and how the goodness of Lewis le Debonaire had made him remit , and for himself and his Successours renounce that right : he enlarged much in demonstrating the Zeal that the Kings of France have always had for the maintenance of the Purity of Doctrine in the Church , and the Propagation of the Christian Faith . At length , he concluded with his Master Francis the First , whom he commended for his Care and Prudence in hindering the growth of Heresie within his Dominions , telling them that by the Rigour of his Edicts he had provided so well , that no Assembly of Protestants had as yet met within his Territories . Hercules Severolla Proctour of the Council answered him in a sew words ; he thanked the most Christian King for having sent to the Council , told the Ambassadour that his arrival was very gratefull to them ; assured him that they had always had a great veneration for the Gallicane Church , and promised that the Council would on all occasions be ready to doe her all good offices for the future .

Whilst the Council of Trent are darting Anathema's against the Protestants , the Pope and Emperour prepare another sort of arms against them . The treaty which the year before was begun by Cardinal Farnese , was completed by the Cardinal of Trent , within a few days after the last Session . War is declared betwixt the Pope , the Emperour and the Protestants ; the Emperour gets great advantages , and the Pope is deceived by the Emperour . In this treaty the Emperour obliged himself to reduce the Lutherans to the obedience of the holy See , because they refused to submit to the Council . The Pope , on his part , promised to furnish the Emperour with twelve thousand Foot , and five hundred Horse , and two hundred thousand Crowns for the Charges of the War ; besides he permitted the Emperour to sell of Lands belonging to Monasteries as much as might amount to fifteen hundred thousand Livers , and to have for one year the half of the Revenues of the Church of Spain ; on condition that he should have a share in the advantages of the Conquests that should be made , and that nothing should be granted the Protestants , especially in matters of Religion without the Pope's consent ; there was also a secret Article , whereby the Pope obliged himself to excommunicate the King of France , if he took up arms against Charles during this War . To strengthen this League the Pope solicited several other Princes to enter into it , and amongst others the Catholick Cantons of Suisserland , but they would not espouse the Party . This treaty was kept secret betwixt them , and the Emperour desired it should be so , that he might the more easily pretend , that it was no War for Religion . He published , therefore , in his manifesto's , that he had taken up arms to reduce Rebels who by violence had invaded the Estates of the Church , making Abbey and Bishops lands hereditary to themselves , and who made alliances with Strangers contrary to his own , and the interests of the Empire . The design of this Politick fetch was to retain those Lutherans on his side , who were not engaged in League with the Confederates ; and indeed several of them furnished the Emperour with Troops ; amongst whom were Maurice of Saxony and Albert of Brandebourg . On the other side the Landgrave of Hesse , the Electour of Saxony and the rest of the Protestants published a Manifesto , wherein they laid open the Mystery of that League , and shew'd it to be a War for Religion , of which the Pope and Council were the Authors .

This Mystery was soon discovered , for the Pope published a Jubile at Rome the fifteenth of July , for the good Success of the Arms of the Church and Emperour , which were joyned for reducing Hereticks to their obedience by force . In the mean time the Emperour continued to proceed upon the account of a War of State ; for he Outlawed the Landgrave and Electour of Saxony , and published a Proclamation thereupon , dated the two and twentieth of July ; wherein he accused them of having conspired against him , of having made War against other Princes of the Empire , of seizing on Bishopricks , of having robbed several People of their Estates , and having cloaked all these attempts under the fair pretext of Peace , Liberty and Religion : so that he proscribed them as seditious Traytors , and disturbers of the publick Peace , forfeited all their Dignities , and absolved their Subjects from their Oaths of Allegiance ; though in all this charge there was not the least word that accused them of Heresie , or defection from the Church . By these two opposite Declarations which were made by the Emperour and the Pope , they were mutually vexed , and crossed one another in the private designs which each of them had . All men easily saw into the meaning of this ; for it was evident that the Pope had onely undertaken the War for the ruine of the Protestants ; but on the contrary that the Emperour was not much concerned for the interests of the Church , if he could but advance the greatness of his Family . The Italians were not satisfied with the Pope's Conduct ; for thereby they saw that he afforded the Emperour means of making himself absolute Master of Germany ; which could not come to pass , without exposing the Princes of Italy to the same dint of oppression .

The Pope had a great mind to draw another advantage from that War , and that was of finding a pretext to dissolve the Council . The Protestant Army who had a design to hinder the joyning of the Emperour and Pope's Forces , was advanced near the County of Tirol , which is not far from Trent . This was enough to alarm the Prelates who were already weary of their long stay , and of the small matters they had done . Besides , Trent lay in the passage of the Troops which marched from Italy into Germany to the assistance of the Emperour , so that during the whole Month of August , that City was continually pestered with Souldiers , which interrupted the proceedings of the Council . Thus all circumstances seemed favourable for the breaking up of that Assembly ; or , at least for translating it into some Town in Italy ; which was passionately desired by the Court of Rome , who therefore snatcht at all occasions to do it . But the Emperour was of another mind : the Council was usefull to his designs of having a pretext to oppress those that would not submit to it , and so would have it continue where it was . He therefore sent to Trent , promised the Prelates to see to their safety ; and because the Cardinal di Santa Croce one of the Legates enclined mightily to have the Council separated , he made his Ambassadour threaten him , that if he stirred the least in the affair of dissolving or translating the Council , he would cause him to be thrown into the River of Adige : at least so much hath been said and written by the Historians of that time . The Emperour had great success in this War : the Armies had lain a pretty long space near one another ; and the Protestants had had many fair occasions of gaining considerable advantages upon the Imperialists : but they could make no use of them , because they were commanded by two Generals of equal Authority ; to wit , the Electour of Saxony and the Landgrave of Hesse . This Parity in authority and command is always fatal to Armies , because Jealousie never fails to raise division and misunderstanding betwixt the two Generals . However the advantages were much alike on both sides untill the end of October , at which time the Emperour caused the Army of the Bohemians , and of his Allies under the Command of his Brother Ferdinand and Duke Maurice of Saxony , to march into the Territories of the Landgrave and Electour , who were the two heads of the Protestants . This obliged them to draw off , and to march to the defence of their own Countries : and so the Emperour without fighting remained Master of the upper Germany ; and all the States in those Quarters , whether Princes or Towns , submitted to his Laws . He got of them a great supply of Artillery for his Army , and vast sums of money ; but in requital allowed all liberty of Conscience , and the free exercise of their Religion . And now the Pope began to discover the true intentions of Charles the Emperour , who gave him no share in what he got , destroyed not the Protestants , but left them in full liberty as to Religion ; and the forces of the Church served for no other end , but to render him absolute Master of Germany . Nay , he had even promised to Duke Maurice the Electorate of Saxony , though he was no less Lutheran than his Cosin . This conduct opened the Pope's eyes , and made him see his true interests . He therefore , in the first place recalled Alexander Farnese , one of his Nephews , whom he had sent as Legate with his Army , and some time after , about the middle of December , he commanded Octavian Farnese Duke of Parma Son in Law to the Emperour , his other Nephew and General of his Forces , to draw them back into Italy . The Emperour complained of this ; but he excused himself in that the time of six Months for which he had promised his Troops was expired , and that he was no longer able to support so great a charge . The Protestants , who had suffered bad usage , revenged themselves on the Pope by publishing a Manifesto against him , stuft with all sorts of reproaches , wherein they called him Antichrist and the instrument of the Devil ; they accused him of having sent People into Germany to poison the Wells , and standing Waters , and to set fire into several places in Saxony ; and gave all People warning to beware of such Poisoners and Incendiaries . Though these accusations were not believed , but lookt upon as Calumnies dictated by a Spirit of Revenge ; the Pope however , got nothing by that Conjunction with the Emperour , but trouble , confusion and shame , besides the loss of his Troops , which returned in very bad equipage .

During these troubles the Fathers of the Council of Trent were still a-doeing , but proceeded very slowly . The Pope and the Emperour for reasons quite different were glad that affairs were protracted . The Emperour , because he desired that the Council might not decide the controversies of the Lutherans , before he had made an end of the War that he was engaged in . The Pope , because he hoped that by managing affairs slowly in the Council , he might at length tire out both People and Prelates , and cause a final dissolution of the Assembly . And so the Session which was to have been held the nine and twentieth of July , was put off till the thirteenth of January following . These seven Months were spent in Disputes ; for the Legates loosed the Reins to the Divines , and left them to that humour of jangling and contradiction to which they are most commonly too much addicted .

Next day after the Session that had been held the seventeenth of June , the Legates called a Congregation , wherein they consulted of the matter which was to be decided in the next Session . The Pope's Divines presented a writing to prove that after the business of Original sin , which had been then decided , The subject of Grace and Justification , is chosen for the next Session . the next thing the Council ought to treat of , was the matter of Justification and Grace : because it is natural to speak of the remedy after one hath discovered the evil , that Grace is the remedy of Original sin ; and that that was likewise the method observed in the confession of Ausbourg . On the other side the Emperour's Ambassadours persisted to urge that they should not pursue the examination of Doctrine , but proceed in the matter of Reformation . The Legates told the Ambassadours , that it was always profitable to examine matters of Doctrine , that it was good to be instructed , and that that examination should not engage them in a decision of controversies , but that they might afterwards be delayed as long as should be desired ; and that whilst the Divines should examine the matter of Justification , the Bishops and Canonists should consult about Reformation . They concluded upon this , and ordained a search to be made into the Books of Luther and other Protestants , to pick out of them the Heretical propositions that ought to be condemned . In the next Congregation , the Legates , that they might be as good as their word , moved that they might consult about Reformation . Residence is proposed as a point of Reformation . The Cardinal of Monte proposed the point of Residence , and pressed the necessity of it , affirming that all the present troubles and disorders of the Church sprung from the non-residence of Bishops , because the vices of the Clergy , and Heresies were occasioned faith working by Charity . But the Jacobins and Cordeliers that were united against him , carried it : nevertheless they all agreed to condemn the opinion of Justification by faith alone .

A Debate about the nature of works that precede Grace . Ambrosio Catarino maintains the opinion of St. Austin and the Protestants . Afterwards the Divines disputed of the nature of works that precede Grace : and most of the Votes were against the opinion of the Protestants , who affirm that all works done without faith are sins . But Ambrosio Catarino undertook the defence of that opinion ; he maintained that it was the judgment of St. Austin and St. Thomas . He confessed that he had been heretofore of the sentiment of the School-men but that he had renounced it , after that he had read the Scriptures and the Fathers ; and proceeding , he censured the vain subtilty , of the School-Divines , who abandoning the Scripture and the Fathers , suffered themselves to be guided by the false light of Philosophy . He backed his assertion with the words of our Saviour , a bad tree cannot bring forth good fruit , and with those of St. Paul , who says . To be unclean all things are unclean . Dominico à Soto , a great Enemy of the Doctrine of Grace , opposed Catarino with so much Passion that he called him Heretick , and accused him of denying free will as the Lutherans did . For his part he maintained that Infidels might fulfill all the Law ; that is to say , that they might doe all the good works that are commanded , though they did them not for the ends for which they have been commanded , to wit , the glory of God , and eternal Salvation ; but he maintained that it was sufficient for doing an action without sin , to observe the substance of the commandment . He therefore asserted that without Grace one might avoid all sins , and that he might a little correct the expression which seemed Pelagian , he added that without Grace one might very well avoid every sin considered separately , but not all sins taken together . Just , said he , as one may stop all the holes of a leaky Ship in a hundred places , if you consider them separately ; yet not be able to stop them all when you take them all together , because one cannot be in all places , and whilst one is busied in stopping of one , the water gets in by the rest . The Pelagianism of the School had taken such deep rooting in the minds of many , that they did not even approve that exception of Soto's ; they would have had it allowed without distinction , that men without the assistance of Grace are able to shun all sins .

In the next place they examined the question , A dispute about the preparations to grace , and the merit of congruity . if works performed without Grace are preparations for Justification . If Dominico à Soto durst have stuck to his principles , having with so much vehemence asserted the goodness of such works , he could not but have affirmed that they were immediate preparations for Grace ; but he durst not , because of St. Austin , and especially because of St. Thomas , of whose Doctrine he made profession . And therefore he fell off , and said for justification . But the Cordeliers who preferred their own Scotus before St. Austin and St. Thomas advanced a step , and maintained that they were immediate dispositions , and even merited justification . Scotus was the great Champion for this Merit of Congruity , according to whom the School-men said , that it was suitable to the justice and goodness of God to assist him that does all he can , according to the Maxime , facienti quod in se est Deus non deest ; since that time they have restrained this Merit of Congruity to works that are performed by preventing grace , before the infusion of justifying grace ; but before the Council of Trent the School was more than Demi-pelagian , and maintained that men without grace might doe all kinds of good works , even love God above all things , and that these works were true preparations for Justification . The Jacobins would have been very willing that there had been no mention made of that Merit de congruo , because St. Thomas grew out of conceit with it , especially in his old age .

Afterwards they came to dispute of those Motions which are wrought in the hearts of men by the first inspirations of preventing grace , before the infusion of habitual Righteousness . Luther was accused of saying that all these motions , such as the fear of Punishment , and an abhorrence of sin , were real sins ; that opinion was condemned as heretical , because they had agreed that those first motions of conversions are good works . The Carmelite Antony Marinier maintained that this was but a dispute about words , saying that these actions done out of the state of grace were like Lukewarmness betwixt heat and cold : that they were in a mean betwixt actions done without grace which are real sins , and those which are performed in the state of grace which are truly good . And that so as Lukewarmness is but a less cold , these fears of Punishments which precede conversion are a lesser kind of sins ; but he was fain to recant his opinion , because all the Divines were against him .

Of justification and imputed righteousness . In the next place they came to speak of Justification it self ; and the signification of the word Justifie was examined . Dominico à Soto maintained that in the Epistles of St. Paul the word Justifie signifies , to infuse into the soul habitual and inherent Righteousness ; but the Carmelite Marinier maintained that it signified to absolve , and proved it by the opposition that St. Paul makes of the word Justifie to that of Condemn : who is he that condemneth , it is God that justifies ? from the name they came to the thing , and herein there happened a vehement dispute betwixt the Cordeliers and Jacobins about the question , whether habitual or justifying grace be the same quality as Charity , or if it be a distinct and different habit . Scotus and after him the Cordeliers maintain , that habitual Grace and Charity are one and the same thing ; But St. Thomas and the Jacobins affirm that they are two different qualities .

The Divines then descended to the question of imputed Righteousness ; they all agreed , that Jesus Christ hath merited for us , and that his merit is imputed to us . Albertus Pighius , in giving his opinion , besides inherent Righteousness had expresly asserted that imputation of the Righteousness of Jesus Christ , which is made in favour of a justified man . Andreas de Vega was for retaining the word as very proper , though it be not to be found in Scripture , and to back his opinion produced the testimony of St. Bernard , who had used it in his hundred and ninth Epistle . Dominico à Soto maintained that it ought to be exploded , because neither the Fathers nor the Scriptures have ever used it ; and especially because the Lutherans abused it , affirming that that imputed Righteousness is the sole Justification of man ; he added that it cut off all necessity of satisfaction , and equalled the meanest of all Saints to the blessed Virgin . This dispute was managed so sharply , and there was so much affectation in condemning a term that was acknowledged to be innocent , that it shew'd by what Spirit the Council was acted , and perswaded all men that the Lutherans were in all points to be made Hereticks at what rate soever .

There was no end of debating ; for the Monks who are naturally wranglers furnished matter for them , and the Legates to gain time fomented the Divisions . But for some time the disputes were interrupted by the March of Souldiers , and the Jubile , that was published and celebrated for obtaining a happy success in the War against the Hereticks . At length the Month of August being half spent , and the Council being at liberty and in a condition of acting ; matters must needs be brought upon the stage again ; the Subject of Justification had been sufficiently canvassed ; and now it was time to form Decrees , and to hold a Session ; but it was neither the intention of the Pope nor of the Emperour that affairs should proceed with so much expedition . The Pope sought an opportunity of breaking up the Council , and the Emperour would have had the matter of Reformation first handled , before they condemned the Lutherans in a concern of the highest importance , as that of Justification was . Wherefore it was necessary to gain time , though it was difficult to make any pretext for delay . However the Cardinal of Santa Croce , who was more skilled in the janglings of School-Divinity than this Collegues , underttook the business , and engaged to revive all the disputes , and to make them last as long as they pleased . In the Congregation of the twentieth of August , it was resolved that some should be employed to compose the Decrees upon the matters that had been debated ; for this end were named three Bishops , three Generals of Orders , and the Cardinal of Santa Croce to preside in this little Cabal . The Cardinal made a Project of Decisions and Canons very pat for reviving the former Debates , which missed not of its effect : for when the Deputies who had composed the Canons and Decrees proposed them in the Congregations , all the Subjects that had been discoursed of before were reviewed ; as Grace , the certainty that one may have that he is in the state of Grace , Works performed out of the state of grace , and in grace , imputed Righteousness , Debate about the certainty that one may have that he is in the state of Grace , Ambrosio Catarino and the Carmelite Marinier defend the opinion of the Protestants . and the Merits of Congruity . The Cardinal all the while encouraged the Divines to the dispute , telling them that they were weighty matters , and could not be too well examined .

In the first place Andreas the Vega , and Dominico à Soto grapled with Ambrosio Catarino and Marinier the Carmelite , about the certainty that one may have that he is in the state of Grace . They who held that man cannot be assured of Justification , maintained their opinion by all the Reasons and Arguments , that are at this day used against the Protestants . Ambrosio Catarino and Marinier alledged on the contrary all the Arguments that are at present employed by the reformed Divines . And because they were much urged with the Authority of the Fathers , who seem to assert that one cannot be sure of his Justification , they opposed passage to passage , and concluded that the Fathers had spoken variously upon that subject , according to the different views and apprehensions that they had of it , and that therefore without consulting them , the onely recourse must be had to be holy Scriptures . These reasons wrought some effect , and obliged the others not to call that certainty , that one is in the state of grace , any more , a rash Presumption . Andreas de Vega went farther , he acknowledged that one might have an experimental certainty of his own Righteousness that banishes all doubting : as when one is hot , said he , he knows it certainly , by a certainty of sense : but he would not have that assurance called a certainty of Faith ; which the rest called a moral Faith . Catarino , for his part , would have that assurance called a certainty of Faith ; but would not , however , affirm that it was an act of Catholick and universal Faith ; but of a particular Faith : so that he owned that it was not the same faith as that whereby one believes the Articles of the Creed , and the truths of Religion . All the Carmelites were on Catarino's side , because of John Bacon a Monk of their order , who had been of that opinion . However , those very men who were of Catarino's Judgment , thought that he expressed himself a little too hard , and strained the point too far . The Bishops and Divines came to such heats in that Dispute , that the Cardinal di Santa Croce had no more need of adding fewel , but rather of quenching the fire , They enter upon the matter of free will , and six Articles on that Subject , are drawn out of the Books of the Lutherans . which he did by calling another cause . He put them upon the matter of free will , which is closely linked to that of grace : and the Council named Bishops and Divines to cull out of Luther's Books such propositions as might be thought worthy of censure ; these Deputies pickt out Six ; 1. That God is the cause of all actions good and bad , and that he operated in the treachery of Judas , as well as in the Conversion of St. Paul . 2. That men have no free will , and that every thing happens by absolute necessity . 3. That by the fall of Adam man lost his free will , and retains no more but the name of it . 4. That man has now no free will but to doe evil . 5. That the free will does not concur with grace , and that men are driven on to conversion like brute beasts . 6. That God converts those whom he will , even though the resist .

The two first propositions were not confuted by reasons but by invectives ; they were called mad , monstrous , impious and blasphemous opinions . The Carmelite Marinier who liked not that violent way , was for interpreting those Articles in some good sense , and especially that which affirms our actions to be necessary , not free . He observed that it was not true that all our actions are in our own power , and that the School-men themselves are obliged to except the first motives which men cannot restrain . Andreas de Vega discoursed upon that matter in a very obscure manner , and was hardly understood till he came to a Conclusion ; wherein he said , that there was no difference betwixt the Lutherans and Catholicks as to the nature of free will in civil actions , and in the moral and external works of the Law , and that the Lutherans did not strip man of his free will , but in respect of supernatural works that prepared man for Salvation ; which being consonant to the Sentiment of Catholicks , he was of opinion that in this particular , something should be done for peace sake . That name of peace was odious and grating ; we are not met for that , answered they , it is the business of Conferences to accommodate differences , but of Councils to condemn Heresies : and indeed this Council was very far from indulging any thing to the Lutherans ; this debate was the cause of another , that arose betwixt the two Schools of Scotus and Thomas , that is to say , betwixt the Cordeliers and Jacobins , to wit , if it be in the Power of man to believe or not to believe . The Cordeliers maintained the opinion of Scotus , that it is not in the liberty of man not to believe , because the understanding is necessarily determined by its object : when a truth is presented to it , it cannot but see it , and when it perceives it , it cannot refuse to close with the same . But the Jacobins on the contrary defended the opinion of St. Thomas , and said that faith was a free action that might be enjoyned or hindered by the will . Concerning the third article wherein the Lutherans say , that man's free will is lost since that fall of Adam , the Champions for the pure Doctrine of Grace produced many Arguments and Authorities , and particularly they cited several passages of St. Austin wherein he says , Adam perdidit se & liberum arbitrium . But to that Dominico à Soto made answer , that the word free was sometimes opposed to necessity , and sometimes to slavery : that the Lutherans took it in the first sense , when they say that man hath lost his free will , because they would thereby signifie , that man acts by an inevitable necessity . But that St. Austin had taken the word free in the second sense as it is opposite to slavery , and that his meaning was , that man had lost his free will , because that free will is captivated under the bondage of sin ; though the last is absolutely the sense of the Protestants , as well as of St. Austin . This explication of Dominico â Soto was not well relished , they would not have the free will to be a slave , neither to necessity according to the sense that was attributed to the Lutherans , nor to sin according to the sense of St. Austin . The Council could not endure that the free will should be made a slave upon any account whatsoever ; for had they owned with Soto , that it is under the bondage of sin , they could not have condemned the title of Luther's book de servo arbitrio , as they designed to doe . The fourth Article which saith that man hath onely free will to doe evil , was reckoned ridiculous ; and the Divines of the Council laid it down as a certain truth , that free will is a power of determining ones self to one of two contraries , to good or to evil . There were some , nevertheless , that were not so passionate , who told them that their Maxime was not unexceptionable , and that God was free without having the power of determining himself to evil .

There arose great Debates in the examination of the fifth and sixth articles concerning the manner how free will concurs with grace in the work of conversion . The Cordeliers following the Theology and Principles of their Master Scotus , maintained that the will which can prepare it self for grace , can by much stronger reason admit or reject grace when it is offered . But the Jacobins , who are Thomists attributed to grace , the first motions of conversion . The Thomists are divided , the beginning of the new Thomists . These last maintain that Grace is efficacious of it self . Here the Thomists were divided ; for Dominico à Soto a Jacobin , acknowledged preventing grace , but he said that it was in the power of man to accept or reject that grace ; so that he made the efficacy of grace to depend on the will of man , and on the determination of that will , and denied grace of it self to be efficacious . In this particular all the difference that was betwixt Soto , and the Cordeliers or Scotists was about the preparations : for the Scotists pretended that the will goes before grace by immediate preparations , which proceed from the will it self ; And Soto denied these immediate preparations , and onely admitted certain remote preparations of the will for the reception of grace . Luigi di Catanea a Jacobin and Thomist , said that according to the Doctrine of St. Thomas the will may indeed reject sufficient grace , but not effectual grace ; because this grace gets always the victory over the will . In this manner he laid down as a ground in Divinity , that the difference betwixt effectual grace , and sufficient grace proceeds onely from the operation of God , and not from the consent of the will ; that is , he affirmed grace to be effectual of it self . This is that Luigi di Catanea who may be called the Patriarch of the new Thomists , who have made themselves very considerable since the Council of Trent , in undertaking the defence of the Doctrine of St. Austin concerning Grace , which the School of Scotus that was Semipelagian , had almost stifled . Dominico à Soto maintained against Luigi di Catanea , that the distinction betwixt grace efficacious and grace sufficient proceeds from the will , and that the consent and determination of the will alone makes that which was onely sufficient , to become effectual grace ; this last opinion carried it with applause in the Council ; but by no other force than that of prejudice . For it could not be denied but that Soto spoke in an ambiguous and obscure manner , not daring to rely too much upon what he said , that he made a running kind of a fight on 't , and seemed diffident of his own Hypothesis . On the contrary Catanea proposed his Arguments with confidence and assurance , giving them a Character of evidence that confounded all his hearers . He boldly said that he could not see how the opinion of Soto could be excused of Pelagianism : that to avoid the extremity wherein Luther had precipitated himself , he run upon another , that was every way as dangerous . Above all , he laid great stress on this , that the Doctrine of Dominico à Soto overturned free Predestination , and established Predestination by the prescience of works ; because if the efficacy of Grace depend on the Will of man , it is that Will which puts the difference betwixt the elect and the reprobate ; a Sentiment confuted by all Divines . In effect , the Theology of Scotus is no consequential Theology , whose principles support one another and are well linked together : for on the one hand it defends free election and absolute reprobation , and on the other , it oppugns the efficacy of grace of it self , and maintains that the will may prepare it self for Justification by its now strength . Now they who have but a smattering in Divinity may easily see , that these two principles destroy one another ; for if men distinguish themselves one from another in this world , onely by accepting through the sole Power of their own free Will , Grace sufficient , which others do reject , it is clear that God must from Eternity have elected those whom he foresaw would separate themselves from others by the acceptation of sufficient Grace . They enter into the matter of Predestination , and finding nothing to be censured amongst the Lutherans , they condemn seven Propositions of the Zuinglians . This last consideration of Catanea's obliged the Fathers of the Council to enter upon the matter of Predestination . They commissionated some Divines to make abstracts of the Books of the Protestants , that they might know what propositions were to be condemned . Nothing was found in the Writings of the Lutherans , but out of the Books of the Zuinglians they drew Eight propositions . 1. That in Predestination and Reprobation man has no hand , but onely the will and pleasure of God . 2. That the Predestinate cannot be damned , nor the reprobate saved . 3. That the Elect alone are justified . 4. That the justified ought to have Faith , and believe that they are predestinated . 5. That the justified cannot fall from Grace . 6. That the Reprobate do never receive Grace . 7. That a man ought to believe that he shall persevere , when he is in Grace . 8. That a justified man ought to believe that though he fall , he shall rise again .

Most part of the Divines thought , that the first proposition was very sound and catholick , to wit , that in predestination and reprobation , the will of God alone does all : that is to say , they approved absolute and gratuitous predestination , and they pretended that it was not onely consonant to the judgment of St. Thomas , but also to that of Scotus . This opinion was backt by a great number of authorities taken from holy Scripture , and the Fathers , particularly St. Austin , who in his old age had vigorously maintained this absolute and free predestination : yet the election by fore-knowledge of works found its Champions . The Bishops of Bitonto and Salpi put themselves at the head of the Monks , and made a Party against free and absolute predestination . They said that God resolved to give all men sufficient Grace , and that in the fore-knowledge of God , election and reprobation depended on the good or bad use of that sufficient Grace , because God elected those whom he had fore-known would consent to and accept of that Grace , and reprobated those that would reject it , they added that the contrary opinion was cruel and inhumane , that it made God unjust and an accepter of persons , and supposed him to make his choice without any reason , but out of mere fancy . When they fought with the Arms of reason , they triumphed ; but sunk under the weight of the Authorities of Scripture and Fathers .

Ambrosio Catarino , who in all other things had been reasonable , espoused here an ill quarel , he was of their opinion who grounded predestination on the fore-knowledge of works ; A strange opinion of Catarino about Predestination . and to avoid the force of the texts of Scripture which prove free and absolute predestination , he made use of a ridiculous Medium ; he made two predestinations , the one certain , effectual and absolute without the fore-knowledge of works , saying that that predestination extended onely to a small number whom God absolutely decrees to save , and for whom in order to that he prepares effectual means : to that election he applied all the passages whereby absolute predestination is proved . As for instance those of the ninth Chapter of the Epistle to the Romans , where St. Paul says that God loved Jacob and hated Esau , before either of them had done good or evil : that of one lump he makes some Vessels of honour and others of dishonour ; that it is neither of him that runneth , nor of him that willeth , but God that giveth the Blessing . But he added that besides that absolute predestination without fore-knowledge of works , there is another wherein God had decreed to save all those that should be converted ; and that for that end he had given all men sufficient Grace , to which some submit , and others do resist : and that this last election was uncertain , unlimited , conditional , and dependant on the will and works of man ; he confessed that his opinion was contrary to that of St. Austin ; but he also said , that St. Austin's was contrary to the opinion of all others .

The second proposition was variously censured according to the diversity of principles : and the proposition was , that the Elect could not be Damned , nor the Reprobate Saved . Catarino confessed that the Elect could not be Damned ; but he would not say that the Reprobate could not be Saved ; because that God giving them sufficient Grace , if they made good use of it , they might be saved . Here the Thom●sts flourished their distinction , in sensu composito & in sensu diviso , and said that in an sense compounded or complexe the Elect could not be Damned ; but in a sense divided or distinct they might . That is to say that the Elect considered under a decree of election could not be Damned ; but if considered simply as men , abstractedly from that decree of Election , it might be said , that they might be Damned , because they might never have been Elected . This distinction raised more mist before the eyes of the Prelates , who were neither great Philosophers nor Divines , than it brought light to the question . The other six propositions were condemned by unanimous consent ; particularly that which asserted the perseverance of true Saints , and the inamissibility of righteousness . They alledged the examples of Saul , Solomon , Judas , and others who had totally fallen from the real righteousness wherewith they had been invested .

The Decrees are made with a great deal of Difficulty and affected Ambiguity , to give all content . After matters were thoroughly examined , Canons and Decrees must pass upon them . But they were in great perplexity how to doe that ; every Party striving to have the Decrees worded in termes that might favour their opinions . Giacomo Cocco , Archbishop of Corfu , was of the mind that no opinion which could be interpreted in a sound sense , should be condemned : and therefore he desired that all necessary exceptions and limitations should be put in the Canons for removing all Ambiguity . Others opposed that , saying that if all interpretations must be inserted , it would render the Canons long , tedious and intricate . But the Bishop of Sinigaglia proposed a method which was approved , and followed during the remaining time of the Council . He said that there ought to be made in the first place a Decree of Doctrine , which should be divided into Chapters ; that therein the Doctrine of the Church should be declared in a Style and Method capable to give content to all Catholicks : and that then another Decree ought to be made containing nothing but the Canons and Anathema's against Hereticks . The Legate Cardinal Santa Croce applied all his Pains and Skill in the composing of these Decrees ; and laboured in it with so much success that he gave content to all ; because he worded them with so much Ambiguity , that every Party found their opinions therein . But this was not done without trouble ; for there were above an hundred Congregations as well of Divines as Prelates held about it , and from the beginning of September untill the end of November , there past not a day wherein the Cardinal did not peruse his Decrees , and alter something in them . In a word , they found a means to satisfie the Scotists and the Thomists , Catarino and his adherents , who stood for the certainty that one may have of his own justification , and those that opposed it . The Decrees were so artificially contrived to please all , that Dominico à Soto immediately after wrote three Books , de natura & gratia , and found all his opinions in the decisions of the Council . And nevertheless Andreas de Vega a famous Cordelier , on the other hand composed fifteen large Books upon the same Subject , and found all his opinions in the same Decrees , though they were quite opposite to the sentiments of Soto .

Whilst these matters of Doctrine were in agitation , Congregations were also held about Reformation . The first thing then that was proposed , was the setling of some good Order , that none might enter into Episcopal Sees , but such as were capable to govern and edifie the Church . But the Council despaired of finding remedies proper for the evil ; because Canonical Elections were abolished , and in most places the nomination to Bishopricks belonged either to Kings or to the Pope . They considered very well that it was to no purpose to make Canons ; for it would be impossible to make those Persons ever submit to them . So the Council past by that consultation , and proceeded to the point of Residence as well of Bishops as of Curates and other Beneficiaries . Horrid was the corruption that prevailed in this particular . The Bishops knew not what it was to reside ; nay , and if a Living was but sufficient to maintain the Curate and his Vicar , he abandoned the care of his Flock , and lived where he had a mind . From the time of St. Jerome there had been a custome of ordaining Priests without a Title , who were not confined to any place , nor obliged to Residence : St. Jerome himself was one of these Priests ; he was a Priest of Antioch where he never resided , and so was Ruffinus Priest of Aquileia . But however , these Priests without Churches had no Profits nor Revenues . The custome of bearing the Titles and receiving the Profits of Benefices without any Service , began in the Latin Church about the seventh Century ; for then began Princes to reward their Servants with Presentations to vacant Benefices . And by degrees was introduced the distinction of Benefices of Residence , and Sine-cures or Benefices of Non-residence , under pretence that there were Benefices in which one was not obliged to reside . The Canonists established this maxim , that every Benefice is given for Office : that is to say , that a Beneficiary is precisely obliged to no more but to say his Breviary , for enjoying his Benefice with a good Conscience . The Popes had often thundered against the Non-residence of Bishops and other Pastours that had the cure of Souls ; but they medled not with Benefices that were called Sine-cures , because they were glad that all Church-men might not reside , that so their Courts might be more numerous and glorious . This was such an overspreading and so great a corruption , that all were fain to own it . But the Bishops to extenuate their fault alledged that no man was obliged to Residence but by the order of the Pope , and not the command of God . This gave occasion to the starting of a controversie , whether Residence be of Divine right and appointment , or onely Humane and Papal ; and Cardinal Cajetan was on their side , who thought it to be of Divine right . The necessity of Residence , that was proposed by the Legates and backt by the Bishops , brought this question upon the stage , Whether it was of Divine or Humane right . We shall find in the sequel what terrible debates this occasioned in the Council ; though the first time that the question was proposed , the heat of dispute was but moderate .

The Legates thought it enough to propose means to oblige Pastours to Residence : but the Monks and especially the Jacobins to tie the knot of this obligation a little faster , averred that Residence was necessary by Divine right . Two Spanish Monks , Bartholomè de Carranza who was afterward Archbishop of Toledo and Dominico â Soto reasoned strongly for that . The Canonists and Italian Bishops were of a contrary opinion that the necessity of Residence was onely of Humane right . Ambrosio Catarino though a Jacobin , was of the same sentiment , and said that there was but onely one Episcopate established by Jesus Christ , which is that of the Pope ; that all other Bishops holding their Authority of him , were no more obliged to Residence , but according as he was pleased to enjoyn them . The Spanish Bishops not onely publickly favoured Residence of Divine right , but privately encouraged the Jacobins to maintain it stoutly . In this they had secret and mysterious designs , which they did not communicate to any ; they aimed at the restauration of the Authority of the Bishops , which was born down and oppressed by the Pope ; for it once it had been decided that Bishops hold their Authority from Jesus Christ , and that they are obliged to reside in the midst of their Flocks , to take the care of them , not by the command of the Pope , but by the appointment of God , they perswaded themselves that they might easily provide against the enterprizes of the Court of Rome practised upon the Ordinaries ; which shall be set forth more at large in the sequel , when we shall have a new occasion to speak of this question , which was bandied with much more fierceness , in the third convocation of the Council under Pius IV. If the Spaniards were cunning enough in disguising the true reasons of their Conduct , the Legates were not behind hand in diving into their intentions : and therefore they dextrously waved that question by referring it to another Session .

In pursuance of the matter of Reformation , they entred upon the examination of the Exemptions which were granted by the Pope to the prejudice of Ordinaries . In the Eastern Church all that is comprehended within the precincts of a Diocess , whether Monasteries , Churches , or Benefices , is subject to the jurisdiction of the Bishop of the Diocess . But in the Latin Church it is not so : in the first place rich and powerfull Abbots , to free themselves from the jurisdiction of the Bishops , to whom they gave Umbrage , and with whom they often quarelled , obtained of the Popes to be taken under the Protection of St. Peter , and to hold immediately from the holy See . The Popes found that that hit very pat with their interests ; because thereby they acquired Subjects in all places , and that he who obtains privileges , is obliged to maintain the Authority of him that grants them : and therefore they were very liberal in their Exemptions . They thereupon took from under the jurisdiction of Bishops those great Societies of Clugny and Cistaux ; they granted the same privileges to the Chapters of Cathedral Churches , and at length all the Orders of the mendicant Friars in their first institution obtained the same privileges of holding immediately from the holy See . The Bishops could not but grumble at these Exemptions that deprived them of so many subjects ; And they would have taken it extremely well it Giacomo Cortese Bishop of Vaison , had demanded the abolition of them . This affair having been referred to another Session , was brought in again with the case of Residence ; but hardly any thing could be obtained concerning these two Articles . As to the first which is the case of Residence , it was concluded , that the ancient Canons which command Residence under such and such Pains , should be reinforced with new Penalties . It was therefore decreed that a Bishop who should for six Months together be absent from his Diocess should lose a fourth part of his Temporals : that if his absence continued a Year , he should forfeit the half of his Revenue ; and that if he persisted in that fault he should by the Metropolitan be complained of to the Pope , to the end that the holy See might take Cognisance thereof , and either punish that negligent Pastour , or put another in his place ; that if the non-resident Prelate were a Metropolitan , he should be complained of to the Pope by the Eldest of his Suffragans . As for inferiour Pastours , it was ordered that they might be by the Bishops compelled to Residence , and if among the non-resident Curates any one might happen to have an Exemption from the Pope , he might nevertheless be forced to Residence by the Bishop , acting as the Delegate of the holy See .

As to the matter of Exemptions it was decreed , that no Monk being out of his Convent under pretext of the Privilege of his Order should excuse himself from being punished and corrected by the Ordinary of the place , but in this also the Bishop must act as Delegate of the holy See ; it was likewise ordained that the Chapters of Cathedral and Collegiate Churches might not decline the Jurisdiction of the Bishops as to the visitation and correction of manners . And last of all Bishops were prohibited to perform any Episcopal function in the Diocess of another , without permission .

Matters being thus prepared , nothing could hinder the holding of the Session , nor was the Pope himself of opinion that it should be delayed any longer . On the contrary he was glad of that opportunity to nettle the Emperour , who instantly desired that no controversie should be decided , till he had reduced the Lutherans to a Necessity of submitting to the Council . The unions of Great men , having no other foundation but interest , are never firm , nor of long continuance . The Pope and the Emperour who had been so good friends in the beginning of the year , fell a clashing one with another before it was ended . And thereupon the Pope ordered that the Session should be held , notwithstanding the opposition of the Emperour's Ambassadours .

The thirteenth of January was the day appointed for that Ceremony . Andrea Cornaro Archbishop of Spalato in Dalmatia said high Mass , Sixth Session . 1547. and Thomas Stella Bishop of Salpi preached the Sermon After this the Decrees were read , which contained sixteen Chapters , and thirty three Canons concerning Doctrine , and five Chapters about Reformation . In the Chapters of Doctrine according as it had been resolved upon , the Judgment of the Church was declared , concerning the points of Justification , the nature of Grace , the nature of good works , the certainty that one may have of his own Justification , the necessity of good works , the perseverance of Saints , free Will , and generally concerning all the points that had been agitated amongst the Divines , which we have mentioned before : in the Canons Anathema was pronounced against all the propositions that were attributed to the Lutherans . In the Decree of Reformation , Residence was enjoyned , the Exemptions of Monks and of Cathedral and Collegiate Churches regulated , and the mutual attempts of Bishops upon one anothers rights repressed , in the manner , as we told you , had been agreed upon in the Congregations .

Censures by the male Contents , of the Decrees of this Sessions . The Court of Rome made no new reflexions upon these Decrees , for to them they were not new ; but so soon as they came abroad in Germany the Malecontents , of whom it was full , revenged themselves on the Council by a publick and censorious reflexion that let nothing pass ; they critisized even to the very expressions , and the Grammarians made themselves sport with that flourish , which is to be found in the fifth Chapter cum neque homo ipse nihil omnino agat ; they said it was little better than gibberish and nonsense , because every proposition wherein there are two Negatives , ought to be resolved into an Affirmative ; so that that proposition ought to be resolved into this cum etiam homo ipse aliquid omnino agat , which is nonsense . But the Divines made more important remarks : they said that the Doctrine of the Council , which affirms that man may resist , even to the end , the inspirations of the Holy Ghost , does not at all agree with that ancient Prayer of the Church , Et ad te nostras etiam rebelles compelle propitius voluntates . It was thought that the Council had a design to condemn effectual Grace which St. Austin asserted ; that is to say , Grace effectual in it self : they also pickt out contradictions therein ; as for instance in that which is said in the seventh Chapter , that Justice is given in a certain measure according to God's good will and pleasure , and the disposition of him that receives it ; they could not comprehend how Grace was given at the same time according to the good will and pleasure of God , and according to the disposition of him that receives it ; for if it be according to the pleasure of God , it is without any respect to dispositions , and if God have any regard to dispositions , then it depends not absolutely on his pleasure . They found another contradiction , in that here the Council condemns those who say that men are not able to fulfill the Commandments of God , and in the second Session had commanded men to obey the Commandments of God , quantum quisque poterit , as far as one is able ; because these terms suppose that every one is not able to fulfill the Law of God . By these censures it was made apparent that in a matter purely Theological the Fathers of the Council had made use of many terms borrowed from Philosophy , insomuch that without the assistance of Aristotle they could not have made an Article of Faith . But above all other , there happened one unlucky hit to the Council , and made it evident that they had conceived their Decisions with intent to please all men except the Lutherans , which was this . In the Book which Dominico à Soto wrote de natura & gratia , which we mentioned before , when he comes to treat of the certainty that one may have of his own Justification , he proved that the intention of the Council was to condemn the opinion which affirms , that one may have such a certainty of his being in the State of Grace as excludes all doubting . Catarino that was present at the Council as well as Soto , published a Book wherein he asserted that the intention of the Council was not to condemn those who say , that one may believe that he is in the State of Grace with as much certainty as one believes an Article of Faith . On the contrary that the Council favoured that opinion , because it is expressed in the twenty sixth Canon , that the righteous man ought to hope for a reward . Catarino concluded that a righteous man cannot expect his reward , unless he be assured of his Righteousness . These two Authours wrote several Books against one another on this subject , and even complained to the Council , that Decisions and Sentiments were imposed upon them , which they had not indeed intended . The Council was in perplexity and could not tell what to think of this controversie ; which made People laugh in their sleeve : It was thought strange that the Fathers should not understand their own Decisions , and that brought the Bishop of Bitonto's Sermon into mens minds , who in the opening of the Council promised the Prelates that the holy Ghost would inspire them as he did Caiaphas , who spoke a Prophecy which he understood not .

The point of the Sacraments in general , of Baptism and extreme unction chosen for the next Session . Next day after the sixth Session , which was the fourteenth of January , the Legates called a general Congregation to make choice of the Controversie which should be decided the next Session ; they had made a kind of resolution in the beginning to follow the Order of the Confession of Ausbourg : and the point of the ministerial function in the Church , was the next in order in that Confession to that of Justification . But because the point of Administration carried along with it that of the Authority of the Council and the Pope , which the Legates would not meddle with , they wisely laid it aside , and favoured the Divines to whom that subject was not very agreeable neither , but for reasons far different from those of the Legates ; for that is a point the Schoolmen do not much treat of , nor are well versed in . So it was concluded that the matter of the Sacraments which depend on the ministerial function should be discussed , for the Chapter of Doctrine : and that they might jointly treat of Reformation , as had been resolved , it was thought fit to endeavour the Reformation of abuses that had crept into the Administration of the Sacraments . The Cardinal di Santa Croce had the Change of presiding in the Congregations for Doctrine , and the Cardinal di Monte undertook the Province of moderating in the Congregations of the Canonists , for Reformation ; besides these , the matter of Residence was again brought upon the stage : the Bishops , and particularly the Spaniards , pressed to have it declared of Divine right . But the Cardinal di Monte a brisk and subtile Protectour of the papal Power perceiving that that would make a considerable breach in his Master's Authority , presently alledged reasons for having it deferred till another time ; he told them that that Subject had been handled too eagerly , that they ought to suffer the Stirs of Passion to be composed to make way for the Calm of Charity , that so the holy Ghost might breath upon them by his inspirations : however he concluded these devout Considerations with a plain and positive prohibition not to meddle with that subject for the present . This seemed a little hard , and somewhat inconsistent with the Liberty of the Council . Nevertheless they condescended to treat of the Causes which hindered Residence , the most considerable of which is the Plurality of Benefices .

To begin with the Point of Doctrine , abstracts were made of the Books of the Lutherans , that they might know their opinions as to the Sacraments in general , and in particular , as to Baptism and Confirmation . The Articles that were drawn out as to the Sacraments in general were in number fourteen , as to Baptism seventeen , and as to Confirmation four ; wherein under the title of Lutheran errours , were comprehended all the opinions of the Anabaptists , which are rejected by true Protestants . All these articles were examined in Congregations , and great Debates happened about some of them ; they began first with the number of the Sacraments : The Divines agreed upon the number of seven , which had been first defined by the Master of the Sentences , and then confirmed by a Decision of the Council of Florence in their instruction to the Armenians . But they were not of opinion that this number should be determined to be neither more nor less than seven , because of the difficulty of defining a Sacrament , in regard that according to the different definitions that may be given of it , a thing may be or not be a Sacrament . There was some difficulty also started about the opinions of some of the Ancients ; of whom some had held our Saviour's washing the Apostles feet to be a Sacrament , as St. Cyprian and St. Bernard . Others , as St. Austin , had called all the Ceremonies of the Church Sacraments , and sometimes had restrained the Name of Sacrament to Baptism and the Lord's Supper ; they therefore concluded , that they ought to retain the number of seven Sacraments , but not determine it by a Decree , nor second that with Anathema's . But others who were resolved to shew no favour to the Lutherans , maintained that the boldness of Hereticks ought to be taken down , who assum'd the liberty to make sometimes three Sacraments , sometimes four , and sometimes more . And here it was that divers pretty reasons were started for proving the number of seven Sacraments , some taken from the seven Cardinal vertues , others from the seven Deadly sins , many from the seven Days of the Creation , the seven principal Plagues of Egypt , and the seven Planets ; though these reasons of the Divines were diverting enough ; yet because the deduction of them was long , they were somewhat tedious to the Prelates . They likewise proposed that the seven Sacraments should be named , lest some rash Heretick keeping still the number of seven , might strike out one of the true , and clap a false one into the place ; they resolved in like manner to determine that the Sacraments were instituted by Jesus Christ : but some were of opinion that it would be better not to decide that point , that they might spare the reputation of some Catholick Doctours who had maintained a different opinion : as the Master of the Sentences , who holds that St. James instituted Extreme Unction , Bonaventure and Alexander de Hale who maintain'd that Confirmation began after the time of the Apostles : nay and the same Bonaventure was of opinion that the Apostles had instituted the Sacrament of Penance .

The second Article of the abstracts related to the necessity of the Sacraments , which the Lutherans were accused of denying ; some were of opinion that it ought not to be pronounced absolutely and without reserve that the Sacraments are necessary ; because some there are that may be let alone , nay and some that are inconsistent together , as Orders and Marriage . The Carmelite Marinier reasoned strongly against the absolute Necessity of the Sacraments ; he proved that there could be no use of the distinction of Actus and Voto and Proposito in the Point of the Necessity of the Sacraments for receiving of Grace ; as if it were absolutely necessary to receive the Sacraments at least in purpose and intention , because some have received Grace , even before they knew that there was any such thing as a Sacrament : he produced the Example of Cornelius and his whole Family , and of the Thief that was converted , who had all received the Holy Ghost before they knew that there was a Baptism : whence it is clear that they had neither received it actually nor in intention , and nevertheless they had received Grace . This strong Reason was evaded by a distinction of a confused knowledge and a distinct knowledge ; saying that these People had at least a confused knowledge and implicite intention of receiving this Sacrament . The third Article of these abstracts related to the dignity of the Sacraments ; because this opinion was imputed to the Lutherans that all the Sacraments are equal in dignity . This being a matter of less importance , it took up but little time , and the proposition that admits of an equality in the Sacraments was adjudged to be false , because every Sacrament hath its particular Excellency .

Concerning the fourth Article which related to the manner how the Sacraments operate , they pretended that according to the opinion of Zuinglius they are but Emblemes , and at most but signs of the Grace which one has already received , and not means of receiving it . All unanimously condemned that errour , and concurred in Judgment , That the Sacraments are the Causes of Grace . But here arose a great Debate betwixt the Schools of Thomas and Scotus , that is to say , betwixt the Jacobins and the Cordeliers ; the Thomists maintained that the Sacraments are physical and instrumental Causes of Grace : on the contrary , the Cordeliers , according to the Sentiments of Scotus and Bonaventure , their chief Divines , said that God produces not Grace which is spiritual by a thing that is corporeal , and that therefore all the Efficacy of the Sacraments depends on the Gospel Covenant , whereby God has engaged himself to confer inward Grace , as often as the outward Sacrament is administred ; so that they maintained the Sacraments to be onely moral Causes . The Jacobins accused the Cordeliers of approaching near the opinion of the Lutherans : And the Cordeliers twitted the Thomists for asserting an absurdity that gave the Hereticks advantage over the Church . And it was impossible to make them friends . The Legates complained to the Generals of the Orders , of the Vehemence of their Religious , and even wrote to Rome that it was necessary to repress them .

There happened also another quarel betwixt the Jacobins and Cordeliers about the difference of the Sacraments of the Old and New Testament , upon occasion of the sixth Article of the Abstracts . That Article imported , that according to the Doctrine of the Lutherans the Sacraments of the Old Testament had the virtue of conferring Grace : and this gave an opportunity of handling the question concerning the Efficacy of the ancient Sacraments . The Jacobins maintained that those of the Old Law did not justifie ex opere operato , but ex opere operantis , that is to say , in their Language that they did not justifie by virtue of the Ceremony , but according to the dispositions of the heart of those that received them . Scotus and Bonaventure were of opinion that Circumcision justified ex opere operato , and to this the Cordeliers adhered ; they proved it by the Infants who under the Law were saved by Circumcision ; if Circumcision justified Infants , said they , that could not be by virtue of Faith , nor Charity , nor any other Disposition , because Infants could have no actual vertue . And because St. Thomas had answered to that , that in those days Infants were saved by the Faith of their Parents ; the Cordeliers loaded that answer with this great absurdity , that now-a-days the Condition of Christians would be worse than that of the Jews , seeing at present no Infant is saved in Baptism by the sole Faith of its Parents .

The fifth , sixth , seventh and eighth Articles were past over ; the fifth because it had been sufficiently decided already in the preceding Session ; that Article set forth , that according to the Lutherans , Faith alone without the Sacraments confers Grace . And the Council in the foregoing Session had defined that Faith alone does not justifie . The sixth was laid aside because of the Debate we just now mentioned , betwixt the Jacobins and Cordeliers about the Efficacy of the Sacraments of the Old Testament . The seventh and eighth , it was thought , might be taken in an Orthodox sense , because these Articles affirmed that Grace is not given to all who receive the Sacraments . But upon account of the ninth Article which denied , according to the Sentiment of the Lutherans that any Character was imprinted in the Sacraments , why they might not be reiterated , there was some dispute . Dominico à Soto would have had it defined , that that Character is founded on Scripture ; others were of a contrary opinion , because neither Gratian , nor the Master of the Sentences say any thing as to that , and that Scotus confesses that it can neither be maintained by Scripture nor the Fathers , but onely by the Authority of the Church : And it is to be observed that that is the manner of this Authour when he would smoothly condemn an opinion . It was decided against the tenth Article of the Doctrine attributed to the Lutherans , that it is false , That a wicked Minister cannot administer a true Sacrament . Against the Eleventh , that it is false that all Christians of what Sex or Condition soever may preach the word and administer all the Sacraments . Against the Twelfth that it belongs not to all Pastours to encrease or diminish the Ceremonies of the Sacraments .

A remarkable opinion of Catarino about the intention that is necessary in him that administers the Sacrament . On occasion of the thirteenth Article which regards the intention that is thought necessary for the Validity of a Sacrament , there arose great Debates . The Council of Florence had determined it to be necessary ; and that was a Knot not to be untied ; but Ambrosio Catarino Bishop of Minori started a very considerable opinion ; he strongly urged that the intention of the Priest could not be necessary , because if so , the Salvation of Souls would depend on the will of a man , who might be so wicked as to administer the Sacraments without intention : he aggravated the inconveniences of that opinion by this argument , that if a Child baptised without intention should become a Bishop , he not being truly baptised all the Priests that he might ordain would not be Priests , and could not administer true Sacraments , and that so many Millions of Souls would perish by the Crime of one single man . He therefore concluded that the intention which is necessary , is an external intention that may be gathered from the Ceremonies , and is signified by visible actions , which fully agrees with the opinion of the Protestants ; that overture was rejected , though the Council was stunned with the weight of his reasons , no man being in a condition to make him an Answer . They decided against the fourteenth without any Dispute , that it is false , That the Sacraments have onely been instituted for the quickning of Faith .

There happened much less Dispute about the seventeen Articles of Baptism ; for without any Debate it was defined . 1. That in the Roman Church there is true Baptism ; secondly , that it is absolutely necessary to Salvation . In the third place that Baptism administred by Hereticks is true Baptism ; and so of all the other propositions that were attributed to the Protestants , which were condemned with great Unanimity . The last of the Articles about Confirmation , which related to the manner of administring it , occasioned a somewhat greater Noise . The Divines would have the Bishop onely to be the Minister of Confirmation ; but the action of Pope Gregory the Great puzled them . This Pope permitted a simple Priest to confirm ; But the Cordeliers and all the School of Scotus , who attribute this Power onely to the Bishop , alledged that that had never been but once permitted by St. Gregory , and that perhaps that action was no true Sacrament . Thomas did indeed confess that properly the Bishop is the Minister of Confirmation ; but he said that a Priest might administer it by a permission from the Pope .

Whilst these matters were canvassing in the Congregation for Doctrine , in the other Congregation where the Cardinal di Monte presided they treated about the means of reforming the abuses which had crept into the Administration of the Sacraments ; and it was ordained . 1. That the Sacraments of the Church should be conferred gratis , and no man allowed to take any Profit , Alms , or voluntary Gift upon any pretext whatsoever . 2. That the Sacrament of Baptism should not be administred but in Churches , and that in Mother Churches where there are baptismal Fonts and Chapels , except in Cases of Necessity , and when the Children of Great Princes were to be baptised . 3. That no excommunicate Person should be admitted to be a Godfather , nor any other under the age of fourteen , and that they should not admit but of one God-father ; besides that , there were some Orders made for regulating the Decency of Baptism , but they are not very important . There was not so much jangling amongst the Canonists about Reformation , as had been among the Divines concerning the matter of Doctrine ; and yet they had much adoe to agree about the gratuitous way of administring the Sacraments . The rigider sort would not have had it allowed to the Church-men to accept of any Present , Alms or voluntary Offering , under pretence of any contrary Custome , and pressed hard these words of the Gospel , freely have ye received , freely give : they added many Canons denouncing Anathema's out of the ancient Councils , against that kind of Simony . The Cardinal di Monte who otherways was not very zealous for Reformation powerfully backt that Party : But others more remiss maintained that voluntary Offerings might be taken ; they produced for themselves a Canon of the fourth Council of Carthage , which allows the taking of what is offered by him that brings a Child to be baptised ; above all they defended their Cause by the sixty sixth Chapter of the fourth Council of Lateran held under Innocent the third , which permits it as a laudable Custome to give Offerings at the Administration of the Sacraments . The Cardinal di Monte made answer that that sixty sixth Chapter of the fourth Council of Lateran , ought to be understood of Offerings that have been always setled in the Church , as Tithes , first Fruits and Offerings that are made at the Altar ; and because they could not agree upon the matter , they referred it to a general Congregation , but the same difficulties hindred the Conclusion of that Point there also .

In the general Congregation they had much adoe to agree about the form of the Decrees concerning the Doctrine of the Sacraments . At length they framed fourteen Canons with Anathema's concerning the Doctrine of the Sacraments in general , ten about that of Baptism ; and three concerning that of Confirmation . The Divines desired that besides the Anathema's Chapters might be drawn up , as had been done in the point of Justification , for publishing and declaring the Doctrine of the Church . But they found it to be a very difficult matter , by reason of the diversity of opinions . They could not be so fortunate in this as they had been in the preceding Session , when they found Ambiguous Terms that gave content to all ; for on the present Subject they could not hit upon Terms which did not cross either one side or other ; and that they had no mind to do , being willing to please all Parties . So that the Council resolved to rest satisfied with Anathema's ; and that opinion prevailed the rather , because the contrary was very judiciously opposed by Giovanni Baptista Cigale Bishop of Albinga , who told them that never any man had forsaken his opinion because it had been condemned , and that though all Catholicks do profess that they will refer themselves to the judgment of the Church , nevertheless they do not do so ; but more obstinately defend their opinion , when once it is condemned . The Protestations , said he , that the Doctors make of submitting to the judgment of the Church , are but Complements and terms of Civility , which are not so to be abused , as to be taken literally ; they are to be answered by a civil conduct and charitable deportment . Every one was convinced of the truth of this in their own Consciences , and therefore they yielded to that reason . So that there was no decision made touching the questions in controversie amongst the Catholicks themselves , that they might not condemn any , nor give occasion to a spirit of Defection . The Legates acquainted the Pope with all these difficulties , and whilst they expected an answer , they fell to treat of other matters . In the Congregation of the twenty fifth of January the business of Reformation was proposed , they came to speak of the remisness of Bishops in the discharge of their Duties ; and the Legates who were not vexed to see the blame laid at the Bishops doors , and that they were look'd upon as the cause of all the disorders , opposed nothing that was moved upon that Subject ; so the Prelates sported themselves with an imaginary liberty in declaming against themselves . Giovanni Salazar Bishop of Lanciano was not so patiently heard ; because he attributed the source of all the evils to the abuses of the Court of Rome ; however he was suffered to speak . But Cornelius Muis Bishop of Bitonto , that spoke next , refuted him , and made it appear that the disorders proceeded from Kings who had the nomination to Bishopricks .

The abuse of the Plurality of Benefices , and its various sources . From this they went on to that thorny matter about Plurality of Benefices which was a hinderance to Residence ; because a Prelate who had two Bishopricks could not be in two places . This Plurality of Benefices was introduced three manner of ways . First , under pretext that one Benefice alone was not enough for the maintainance of a Minister at the Altar , more were given him , and Benefices were distinguished into Compatible and Incompatible . The Compatible are such as do not oblige to Residence , and have not the cure of Souls ; the Incompatible are those that bind to Residence . Though in the beginning they might make some scruple of annexing Incompatible Benefices , yet they made none in joyning those that were called Compatible . Now the sufficiency of a Benefice was reckoned according to the quality of the Incumbent ; for as a Gentleman or a Lord could not subsist at so easie a rate as an ordinary man , so they allotted him more Compatible Benefices according to the Character he bore of Abbot , Bishop or Cardinal . The second cause of the multiplication of Benefices are Commendums . Heretofore when a Benefice was vacant , and for some reason , as of Plague or War , it was not possible to proceed so soon to the Election of a Successour , he that had the right of Patronage recommended the care of the Benefice to some Person with whose prudence he was well satisfied ; during the time of the vacancy this Commendatary received the Fruits , and was accountable for them . But in progress of time , it came to pass that under divers pretexts the Commendataries disposed of the Revenues of the Benefice , and retarded as much as lay in their power the Election of him who ought to possess the Benefice in Title . To put a stop to these disorders , it was ordained that these Commendums should not continue above six Months . But the Popes began quickly to grant them for much longer time , and at length granted them for Life , giving liberty to the Commendataries to enjoy the Profits during Life . By this means a man could enjoy but one Benefice in Title , but he might possess several in Commendum : and even Bishopricks and smaller Cures were thus bestowed . This was a very great abuse , at which the Adherents of Luther complained much ; but the Court of Rome were so far from being ashamed of this abuse , that they shew'd a prodigious instance of it , at the very same time when the Lutherans most fiercely declamed against the corruptions of the Church , and that was in the year 1534. when Clement VII . gave all the Benefices in Christendom in Commendum to his Nephew Hippolito de Medicis for six Months , to count from the day that he took possession of them , with Power to take up all the Rents , and to apply them to his proper use . In a word , the last way of evading the Canons which prohibited Plurality of Benefices , was the Annexing of Benefices . The Pope was wont to cast together forty or fifty Benefices , and though they were in several Kingdoms , yet that was reckoned but the enjoying of one Benefice according to the Canons , because of many Benefices they had made but one . But lest this Union of Benefices might in progress of time lessen the number of Livings , it was appointed to last no longer than the Life of the Incumbent , in whose favour it had been granted ; and that by his Death the Benefices should be reputed ipso facto disunited . There was a necessity of abolishing these three abuses for hindring the Plurality of Benefices : and the Prelates as to that , gave their opinions with a great deal of liberty . They spared not the Cardinals who possessed several Bishopricks , nor the Court of Rome that by Dispensations favoured that corruption . The Legates who feared that the matter might be pusht on too far , seconded the overture that was made by the Bishop of Albinga , of referring it to the Pope . They said that it was a matter that principally concerned the Court of Rome , and that it would be a disgrace to the Pope to be thought incapable of Reforming his own Court . The Legates wrote immediately to Rome about it , and the Pope gladly received the proposition . He removed to Rome the whole affair of that Reformation , by a Bull ; but the Legates durst not shew it , because it was too ample , the Pope therein taking too much Authority to himself , and because the Bishops also who seemed to consent to that Reference , opposed it . The Spanish Bishops were so far from the opinion of referring the matter to Rome , The Spanish Bishops vigorously bestir themselves for a Reformation ; but without success . that they themselves undertook to give a model of that Reformation . They drew up a censure in writing , which contained eleven Articles for a very strict Reformation ; as for regulating the exactness that ought to be had in the examination of Bishops and Curates when they were to be preferred to Churches , for obliging Cardinal Bishops to reside at least six Months in their Bishopricks , for declaring Residence to be of Divine right , for preventing that intolerable abuse that one man should enjoy several Cathedral Churches , for obliging the Cardinals themselves to resign all they had but one , which they might enjoy , for prohibiting those Unions of Benefices for Life , for rescinding and annulling all Dispensations obtained or to be obtained from the Court of Rome without lawfull cause , and for giving the Ordinaries power of judging the Validity of the cause for which the Dispensation had been obtained . This was signed by twenty Bishops , and by Cardinal Pacieco . The attempt surprized the Legates , because of the boldness of the propositions , and that the Bishops had adventured to assemble themselves without their permission . These Articles were sent to Rome , and at the same time the Cardinal di Monte wrote that it was his advice , that that Enterprize ought to be withstood without the least condescension ; adding withall that it would be convenient to make some Reformation at Rome , to stop the Mouth of the Council . But above all things the Legates urged , that the Italian Bishops who were retired to keep Lent at home in their own Churches , should forthwith be sent back to Trent . The Pope followed that advice , and gave order to his Nuncio at Venice to oblige the Italian Bishops who passed by Venice , or who were there still , to return with all speed to Trent , that they might make head against the Spaniards . At the same time he called a Congregation of the Deputies at Rome for examining the Writing . That Congregation was not wholly of Cardinal di Monte's opinion , they thought it not fit to break with the Spanish Prelates , nor peremptorily to refuse all that they demanded . They thought it sufficient by answering every Article , to elude all their demands , and in effect , they made a project of answers to be made to them , wherein , to speak the truth , they shewed an Address becoming the Court of Rome : the Memoires of it were sent to the Cardinal di Monte , & the Pope committed the management of that Affair to the Prudence of the Legates , and of those who were stiled the well affected , whom the Protestants named the slaves of the See of Rome ; he gave them power either absolutely to reject the demands of the Spaniards , or to make use of the qualifications which he sent them ; according as occasion proved more or less favourable .

The Pope fearing the Spaniards , resolves to remove the Council to Bologna . The Court of Rome made great reflexions upon that attempt of the Spaniards , and the Pope began to dread a Combination betwixt them and the Germans ; so that not thinking his Authority safe enough in the Zeal of the Legates , and the Recruit of the Italians whom he had sent to the Council , he resolved to remove the Council unto a Town where he might neither stand in awe of the Emperour , nor of the Bishops of Spain , and to that purpose cast his eyes upon the City of Bologna . But he was not willing to do it of himself ; but thought it more proper to have it done by his Legates ; to the end that if the matter succeeded not , all the disgrace might fall upon them , and that he himself might onely divide with them the trouble of the disappointment ; for that end he sent them a Bull , bearing date the fifteenth of February , 1547. but which was very well known to have been made two years before ; by that Bull he gave them full power to remove the Council whithersoever they should think fit , but at the same time sent orders that they should not mention the Translation till the ensuing Session were over . Whilst these resolutions were on foot at Rome , the Cardinal di Monte plaid his part : he sounded the tempers , gained some by promises , and drew others over by divers ways , that so he might defeat the designs of the Spaniards ; and indeed , it cost him not much pains to accomplish his aim . So that in the following Congregations the Spaniards were baulked , and could not obtain the handling of the point which they chiefly desired , that is , the Divine right of Residence . They spoke to it , indeed , with great freedom , and a Spanish Monk called Bartholomè di Carranza who was afterwards Bishop of Toledo , took the boldness to say , that the opinion which held that Residence was onely of Papal right , was Diabolical . The Cardinal di Santa Croce was of the mind that according to the Memoires sent from the Congregation of Rome ; something should be granted them : but the Legate di Monte stood his ground and carried it , that no satisfaction should be given them . At length the Legates framed the Decree of Reformation , containing fifteen Chapters , and proposed it to a general Congregation . It should have seemed that by that Decree , there had been a design of indulging somewhat to those who demanded a Reformation , and especially as to the Plurality of Benefices ; but in the main there was nothing less , because to that Article , and to all the rest , it was always added , saving in all things the Authority of the holy See ; which rendred all the promises of Reformation useless , because the Pope continued still absolute Master of all The Spaniards , and particularly the Bishop of Badajox found fault with it , would have had that clause left out , and that the Pope should not have the power to dispense against the Canons : But it was to no purpose for them to protest and declare against it , it must needs go so . They urged that the Cardinals might be expresly named in the prohibition of possessing several Benefices ; but that as all the rest was refused them . These Decrees , which seemed to rectifie the abuse concerning the Plurality of Benefices , approved nevertheless a certain constitution of Innocent III. called de Multa , which condemning the Plurality of Benefices , does notwithstanding permit it , provided one have a Dispensation from Rome . This , to speak properly , is to do nothing at all , for what is prohibited in shew , is in effect permitted by the benefit of Dispensations . The Spaniards withstood this , desiring that the Pope might not have power to give Dispensations for possessing several Benefices : But the Plurality of Votes gained by the Legates , were for approving of the Decrees . The Reformation of abuses about the administration of the Sacraments was put off to another Session , because the matter had not been sufficiently examined .

All things being in readiness , the seventh Session was held on the third of March. Cariolano Martirano Bishop of St. Mark , was to have made the Sermon ; but he would not , because being one of those who had pressed the Reformation , and the point of the Divine right of Residence , he had been sharply taken up in the Congregation , and therefore would not appear at the Session to say a Placet to a thing that did not at all please him ; nor indeed was it safe for him publickly to oppose the Decrees in a Session . He therefore pretended sickness ; but none of all those learned men that made up the Council was in a condition to step up into the Pulpit for him , though they had had some hours notice before-hand to prepare themselves : so that there was no Sermon . On the matter of the Sacraments in general , fourteen Anathema's were pronounced ; seventeen concerning Baptism , and three about Confirmation , which may be seen in the Decrees of the Council . Afterwards the Decree of Reformation , containing fifteen Articles was read . According to the model of the Legates , it was ordained that no man should be made a Bishop , but he that was begot in lawfull Marriage , of mature Age , learned , and of approved Life and Conversation ; that one single man should not be capable of holding several Bishopricks neither in Title nor Commendum , nor by way of Union during life , and the same was appointed as to inferiour Benefices . There were also Orders made against the Licences de promovendo , made use of by the undeserving , for obtaining Orders from others than their own Bishops , to avoid being examined ; there were likewise some against Exemptions whereby the Members of the Clergy declined the jurisdiction of their Ordinaries . But all these things put together made but a very superficial Reformation : and what might otherways have been good was overthrown by the clause Salvâ authoritate sedis Apostolicae . The Bishops who had withstood it in the Congregations renewed their opposition in the Session , The Legates make a translation of the Council , under pretext of bad Air. but with less heat , and as little success .

After the conclusion of the Session , the Courier who brought from Rome the Plenepotentiary Bull for removing the Council , arrived . The Legates kept it private , and according to the Pope's instructions sought for a specious pretext of removal . By good luck some distempers broke out at Trent , occasioned by the season of the year or the confluence of people ; and next day a Bishop died . The Physicians were hereupon consulted , and especially Gieronimo Fracastorio , who had the Title of Physician to the Council . These Gentlemen gave out what they had orders to say : the report was presently spread abroad upon this , that the Plague was in the Town , that the City of Verona was about to prohibit all commerce with Trent , and all the Prelates began to prepare to be gone . In fine , the Legates having managed the matter with singular Artifice , finding that it was now time to declare themselves , called a Congregation and intreated the Prelates to take their measures as to the inconvenience that threatned them . On the ninth of March the Attestation of the Physicians was publickly read : and the most timorous , and those who were in the Plot protested that they would be gone . At length , after many Proposals of remedies to the mischief , Cardinal di Monte proposed the Translation , telling them that he had power to do it . The Imperialists and Spaniards began to smell out the trick , and upon the spot made answer that the distemper was not yet so great , as to break up an Assembly of that Importance , or to remove it to any other place , that those who were most afraid might have liberty to be gone , and that the next Session might be put off for some Months . The Imperialists being come out informed themselves of the truth of the report that was spread abroad concerning the Contagion , and found it to be a mere contrivance of the Legates . Next day , being the tenth of March another Congregation was held upon the same Subject : and the Cardinal di Monte proposed the City of Bologna as a place whither the Council might be removed . The Imperialists opposed it again ; but to no purpose ; the translation was resolved upon , and the Decree for it drawn up . The day following , the eleventh of March the eighth Session was held , wherein the Decree of the translation of the Council to Bologna was read . Thirty five Bishops and three Generals of Orders consented to it ; but Cardinal Pacieco and seventeen Bishops subject to the Emperour were against it .

The Legates followed by their Party immediately departed with the Cross carried before them , and singing Litanies . The Imperialists remained at Trent by command of the Ambassadour , untill they had Orders from the Imperial Court . Eight Bishops or more were gone before the Session : so that in all there was not above threescore Bishops in the Council , as there had not been in that which was held under Julius III. In both there were not many Bishops of Germany , fewer French , and none of Poland , nor of the other States of Christendom ; for the Prelates were almost all Italian and Spanish . Wherefore this Assembly had not at all the countenance of a General Council ; which ought to be composed of a great number of Bishops from all Parts of the Christian World . To be short , this accident opened the eyes of the most prejudiced , and made it appear how much the Council was enslaved , since that upon the first glimpse of an apparent Liberty , it was transported into a Town of the Ecclesiastick State , where it could easily be made sure of . The Emperour was extrernely troubled to find himself slighted to that degree as to see an Action of that Importance done without his consent . Francis the first of France never heard of the News ; for he died at Rambouillet the one and twentieth of the same Month of March , and Henry the Second succeeded him .

THE HISTORY OF THE Council of TRENT . BOOK III.
PAUL III.

THE Bishops that staid at Trent received Orders from the Emperour not to goe to Bologna : and those of Bologna used great endeavours to bring them over , but they could not prevail with any , except Galeatio Florimante Bishop of Aquila . They wrote to and fro to one another ; those of Bologna styling their Assembly , Sancta Synodus Bononiensis , the holy Council of Bologna ; and the others at Trent calling theirs Sancta Synodus in quocunque sit loco , the holy Council in what place soever it be .

The first at Bologna . The one and twentieth of April the ninth Session was held , which was the first at Bologna , wherein there was nothing done but onely the Confirmation of the Council . It was also agreed upon that they should write to the Bishops who continued at Trent , to signifie to them that they could not be reputed an Ecclesiastick body , and that their separation gave a very great Scandal . The Prelates at Trent did not like this Letter ; however they thought it not fit to make answer to it , for fear of breeding ill Bloud ; nor did they engage in any Synodal act , lest it might occasion a Schism .

A great Victory obtained by the Emperour against the Protestants . The Electour of Saxony is taken , conderaned to death , and afterward to perpetual Imprisonment , and deprived of his Electorship . At the same time the Emperour was succesfull in his Attempts against the Protestants in Germany ; the twenty fourth of April he fought a Battel on the Elbe , wherein the Army of the Saxons was worsted , and the Electour of Saxony wounded and taken . Afterward the Emperour condemned him to lose his head ; but the sentence was not put in execution , onely the Electour was kept Prisoner , and the Electourship transferred to the Branch of Maurice of Saxony his Cosin . The Landgrave of Hesse was also made Prisoner ; but by a base peice of treachery which sullied the Honour of the Victory , that poor Prince was deceived by the Emperour , to whom he had surrendred himself upon promise of life and the preservation of his liberty and goods ; but not a tittle of the promise given him , was made good . He left the place whither he had retreated for safety , came into Saxony , begg'd the Emperour's pardon , and was the same day made Prisoner ; so that Charles remained absolute Master of all Germany . This great success gave jealousie to the Pope , and obliged him to renew his Alliances with the King of France , Henry II. He sent his Legate the Cardinal of St. George into France , who treated with Henry , and obtained of him Diana his natural Daughter , whom he had by the famous Diana of Poictiers , for Horatio Farnese his Nephew ; and pressed him hard to send his Bishops to Bologna . Charles in the midst of his Victories did not neglect those things which might procure him the Reputation of a Religious Prince , and at the same time mortifie the Protestants ; wherefore Don Pedro de Toledo Viceroy of Naples by Orders from him attempted the setling of the Inquisition in that Kingdom ; and this caused a very great sedition , the Spaniards were forced to flie into the Castle , and were not able to establish the Inquisition ; but they punished a considerable number of the Seditious .

During these Accidents , the Fathers who were assembled at Bologna knew not how to employ their time : the number of Prelates and Divines was too small , and they onely held Congregations for formality sake . The matter of the Eucharist was started there , but nothing concluded about it . The second of June , Tenth Session , the second at Bologna . was held the tenth Session , which is the second at Bologna , wherein all that was done was to Prorogue it untill the fifteenth of September : the tenth of the same month of June Pietro Aloisio Farnese Duke of Piacenza and Nephew to the Pope , a man of an enormous life was by some Gentlemen assassinated in his own Palace , and immediately after Ferrante Gonzaga Governour of Milan seized the City of Piacenza in the Emperour's Name . This accident put the Court of Rome into so great disorder , that all thoughts of a Council were laid aside . So that the day of the Session drawing nigh , the Cardinal di Monte called together the Prelates that were about him , and ordered a Prorogation of the next Session untill such time as the Council should think fit to hold it .

A Diet at Ausbourg wherein the Protestants promise to submit to the Council . About the end of August the Emperour held a Diet at Ausbourg , having a great Army lying round the Town , part of which he put into the place . And now he thought it time to get the Catholick Prelates to write to the Pope to solicite the restitution of the Council at Trent , for which purpose he wrote very earnestly himself . Cardinal Sfondrato the Pope's Legate at this Diet at Ausbourg pressed the Emperour on the other hand to admit of the Translation , plying him with vain hopes of conquering the Kingdom of England , which was fallen into Heresie , and was governed onely by a Child . The Emperour would not swallow that bait , but persisted , and sent Madruccio Cardinal of Trent to Rome to press the re-establishment of the Council at Trent . At the same time having the Power in his hands , he obliged the Protestant Princes and Towns to promise to submit to the Council , upon large assurances which he gave them that they should receive all kind of satisfaction . The favours which Maurice had freshly received from the Emperour , who had invested him in the Electorate whereof Prince Frederick had been dispossessed , the fear of his arms , and his promises wrought upon the Protestants to make that false step , which yet produced no bad effects for their party in the end . Onely the Electour Frederic , a Prisoner stript of all , could neither be moved by Prayers nor Threats . The Cardinal of Trent at Rome used all possible diligence to obtain the re-establishment of the Council at Trent . On the ninth of December he moved it in a full College of Cardinals , and prosecuted the same in private Conferences , but nothing was to be obtained : and therefore he left the Negotiation to Don Diego de Mendoza Ambassadour in ordinary . This man followed it close ; and spoke publickly of the matter in a solemn Consistory , which the Pope had called for conferring a Hat on the Cardinal of Guise , who was then present . The new created Cardinal made a long discourse , which was not favourable to the Imperialists ; for though he did not formally oppose what Don Diego had said , yet he did pretty well insinuate , that the holy See might on this occasion expect from France all kind of assistance against the Imperialists . And , in effect , Henry the II. in the sequel , not onely approved the Translation of the Council , but hindered the Pope from giving any satisfaction to the Emperour as to that point , to the end he might set them at variance . The Pope finding himself hard put to it , pretended that he would know what was the opinion of the Prelates assembled at Bologna : He therefore wrote to them , and received their answer according as he had concerted the matter with them ; which was , that it was inconsistent with the Dignity of the Council to return to Trent , that it was necessary that the Prelates which remained at Trent should first rejoyn the body at Bologna , and that then they would consult what was fittest to be done , but that it was not reasonable that the greater number should give way to the lesser . The Pope signified this answer to Don Diego , approving and ratifying the same : and he on the other hand was just about to make a Declaration against the Assembly at Bologna to declare it unlawfull , and to protest that all that should be done there should be null and of none effect , had he not been hindered by Cardinal di Trani Dean of the sacred College ; so that for that time he thought it was enough to inform the Emperour of what had past . At the same time the Pope made an answer to the Letter which he had received from the Church-men of the Diet at Ausbourg , gave them good words , but in the main refused the re-establishment of the Council at Trent , and sent them a Copy of the Letter of the Fathers of Bologna . The Emperour having learnt the Pope's final resolution , sent to Bologna Francisco de Vargas and Martino Velasco , who appeared before the Fathers of Bologna the sixteenth of January with a Letter from the Emperour bearing this superscription Conventui Patrum Bononiae ; this Title offended the Assembly , and Cardinal di Monte interrupted de Vargas , telling him that though the Council was not obliged to hear him , since the Letter gave not the Council the Title which belonged to them , yet they would without prejudice give him Audience . Vargas spoke smartly to perswade them to return to Trent : But the Cardinal Legate answered proudly , that he was President of the sacred Council , Legate of Paul III. the Vicar of Jesus Christ , that he declared the Council to have been lawfully transferred , and that no threatnings could hinder him from continuing it . On the contrary he threatned the Emperour , that if he endeavoured to obstruct it , he should incur the Penalties imposed by the Canons . Upon that Answer Velasco read the Protestation wherewith he was charged , which in the end came to this , The Emperour protests at Rome , and at Bologna against the Pope and his Council of Bologna . that the Translation of the Council was null and unlawfull , with all that had followed or might follow thereupon , declaring that the Answer which the Pope and they had given was fraudulent and illusory , and that the Emperour should not be obliged to answer for the Mischiefs that might arise from that matter . Mendoza likewise on the other side having kneeled down in a full Consistory made the same Protestation to the Pope : and having turned towards the Cardinals , and protested also against them , he withdrew leaving the Paper which he had read behind him . This blow did a little amaze the Pope , but he quickly came to himself again , the Roman Policy was not at a stand in this Juncture ; they saw that matters would not long subsist in the Biass that was taken . And therefore with a Sovereign and matchless Piece of Policy the Pope resolved to bring that affair about another way ; he well perceived that by that Act of Protestation , he himself was brought in as a Party ; and that was an evident prejudice to the Character of a supreme Judge who can be judged by no man , which he claims as his Right . He therfore pretended to have understood that that Protestation was not made against him , but against the Council ; and in a Consistory held the first of February 1548 , he made answer to Mendoza , that in quality of Judge he was very willing to take Cognisance of that Controversie which the Emperour had with the Council of Bologna , that he removed the Cause to his own Judgment , and that he had named four Cardinals , Paris , Burgos , Pool & Crescencio , to make a Report to him about it ; but that was accompanied with long Complaints against that violent way of procedure , which was never used but by those who had shaken off the Yoke of Obedience . The Imperialists set light by that distinction , they would not run into the noose , and Mendoza declared that he had Orders to make the Protestation in the form wherein it had been made .

In effect the Pope did all he could to make himself Judge of that affair , that so he might not be looked upon as a Party . He wrote to the Bishops at Trent , that he was ready to hear them ; he discharged those of Bologna from entring upon any Synodal action , untill the Process should be decided . The Bishops at Trent answered cunningly to the Pope's Remonstrances , insisted with him to remit the Council to Trent , and accepted not of the Offer which the Pope made of judging in that matter . The Bishops at Bologna were acquainted with the Letter , that came from Trent : they examined the Articles of it , and made answer to them : And then as if the Process had been sufficiently stated , they pressed the Pope to give Judgment . But he durst not , because no body appeared to plead the cause of those of Trent : and besides that , he had no mind to clash any more with the Emperour , out of whose hands he would willingly have got Piacenza . He therefore bestirred himself with all imaginable care to obtain that place to be again restored to his Family , but the Emperour refused to give it back . This put the Pope into a Passion , and made him threaten to excommunicate those that held it . But Charles was not much concerned at these Menaces : he briskly answered the Pope , that his Conduct did infinitely displease him , and that he should take notice , that he could no longer suffer the Calumnies which the Court of Rome spread abroad of him , as if he intended to make a Schism in the Church because he demanded the re-establishment of the Council at Trent : that as to the City of Piacenza , it was a Town of the Dutchy of Milan , which the Popes had unjustly invaded within a few years ; that if the Church had any Right to it , he should make it out , and that he would doe him Justice . The Pope essayed to cut out work for the Emperour by means of the Venetians and French : but he found them in no disposition to it ; for he being now upwards of fourscore Years of Age , it could not be expected that a League with him could either be succesfull , or of long Continuance ; and besides his own interest being deeply concerned , he was not willing to furnish the necessary expence for the War , nor to part from such sums of money as he needs must lay out to make any considerable Levies amongst the Venetians .

The Emperour makes the Interim , and a Decree of Reformation at the Diet of Ausbourg . These misunderstandings and clashings having put the Emperour out of all hopes of bringing back the Council to Trent , he took pretty odd measures at the Diet of Ausbourg . He resolved to regulate the Affairs of Religion himself ; and for that end he named three Divines , Julius Phlug , Michael Helding Titular Bishop of Sidon , and Johannes Agricola of Islebe , by whose means he framed a certain Formulary of Faith about all matters of Religion ; to which he would oblige all the People of Germany to submit , untill the Council should define them ; and therefore that famous Piece was called the Interim . It contained thirty five Chapters ; wherein they endeavoured to qualifie those Doctrines of the Church of Rome , which most offended the Protestants ; as for instance , the Marriage of Priests was thereby allowed , the Communion in both kinds granted : the Sacrifice of the Mass was not called Propitiatory ; Liberty was allowed to cut off such Ceremonies as tended to superstition : the Pope was onely acknowledged head of the Church for Union sake , and for preventing of Schism ; and the power of Bishops was declared of Divine right .

When this Work came to Rome , it met with many Opponents : most part were of opinion that it ought to be opposed by the most violent means and strongest Antidotes , not onely because it was an unparallel'd undertaking for a secular Prince to meddle in settling the Affairs of Religion , but also because the Catholick Religion was notoriously wounded by that Interim . But the Pope saw farther than all the rest ; he smelt out what happened , that the Emperour had fallen upon the way of making both Parties against him : and therefore he dissembled the dissatisfaction which he conceived at that attempt ; ordered his Legate at Ausbourg to make but a slight opposition to it , and then to depart , that he might not be present at the publication of the Interim ; giving him instructions , in the mean time , to sow Seeds of Jealousie betwixt the German Prelates and the Emperour ; and to alarm the Protestants , by insinuating to them , that it was onely an invention to oppress their Liberty and Conscience , and that it was no snare laid for the Catholicks , of whose faith the Emperour could not make himself Judge . The fifteenth of May that Book was read in presence of the Assembly ; and no body durst contradict it , though all were displeased . None but the Electour of Mentz spoke , and thanked the Emperour of his own head , without any Commission from the rest : and the Emperour seemed to accept of those thanks as a general approbation . Farthermore , on the fourteenth of June following , Charles caused a Decree of Reformation to be published , containing two and twenty Chapters , and about one hundred and thirty Ordinances , for the Reformation of the Clergy , against the Plurality of Benefices , concerning the Duty of Preachers , the Ceremonies of the Sacraments and their Administration , concerning Discipline , the Clergy , Schools , Universities , Councils , Excommunication , &c. and very good Regulations were made in all these particulars : but that Piece was as ill taken at Rome as the Interim : not onely because these Regulations did in no wise jump with the interest of that Court ; but also because it is a fundamental Law at Rome , that no Secular has any right of giving Laws to Church-men . Nevertheless that Piece of Tyranny was born with , because it could not be helped . At the same time an Act past in the Diet commanding Provincial and Diocesan Synods to be held yearly , for settling the Decree of Reformation . The Diet ended the last day of June , and the Edict was published wherein the Emperour engaged himself to procure the Council to be continued at Trent .

Much opposition made to the Establishment of the Interim . After that , Charles set about the Execution of the Interim ; but was almost every where opposed by the Protestants . Frederick Duke of Saxony though a Prisoner refused to submit to it , and a little Town in Germany made , upon that occasion , a Remonstrance which deserves to be transmitted to Posterity . If our Lives and Fortunes belong to you , said they , suffer our Conscience at least to be God's . If you were perswaded of the truth of this form of faith , it would be a powerfull Motive to make us embrace it . But seeing you your self look upon it as false , why would you have us receive it as true ? For , the truth is , the Emperour had no design to perswade the World that he himself had renounced the Doctrines of the Church of Rome , which he had either impaired or qualified in his Interim . On the contrary in the Preface , he prohibited all those who had till then continued in the Roman Communion , to make any alteration in Doctrine or Ceremonies . Though this opposition was pretty general , yet some consented to admit of that Interim , or at least pretended to do so : But the City of Magdebourg did formally reject it , and in such a slighting way too , as obliged the Emperour to declare them Rebels , and make War against them . They maintained that War a long time , and obstinately refused to surrender . The Emperour had likewise expresly commanded that no man should write against the Interim , and nevertheless , a whole swarm of writings came forth against that Book , both from Protestants and Roman Catholicks .

Francisco Romeo General of the Jacobins by command of the Pope assembled the most Learned of his Order , and caused a smart Refutation of it to be made . It had the ill luck also to stir up division amongst the Protestants of Germany , that is to say , betwixt those who had admitted of it , and those who would not , and divided them into two Sects ; for they who in compliance with the Emperour had allowed the re-establishment of the ancient Ceremonies , in that justified their own Proceedings , maintaining Ceremonies to be things indifferent . But the rest objected that weakness to them as a great Crime , and separated themselves from them , calling them the Indifferent , or Adiaphorists .

The Execution of the Edict of Reformation which the Emperour had made , caused as great troubles ; for the German Prelates who stuck fastest to the Pope , desired that at least , he might have some hand in the business : and therefore the Emperour at their Solicitation acquainted the Pope with all that he had done , and prayed him to send Legates to joyn with him in his design of Reforming the Church of Germany . The Pope had it least in his thoughts to become the Executor of the Orders of an Emperour , whom he looked upon as an Usurper of his Rights . Nevertheless , that he might not absolutely break with the Germans who he feared might make a general revolt , and lest in imitation of Henry the Eighth , King of England , Charles might declare himself Head of the Church , he resolved to send two Legates , not for executing the Edict of Reformation , but to give Absolution to the. Lutherans who should return into the Bosome of the Church ; with power to grant all manner of Dispensations , even as far as to allow the Communion in both kinds to those who would confess that the Church doth not err in prohibiting it . He gave them likewise Authority to abrogate some of the Ceremonies of the Church , and to remit somewhat of the ancient Discipline . He empowred them not onely to absolve Seculars , Princes and Towns , but also Apostate Monks who had left their Monasteries ; allowing them to live abroad in the World , provided that under the habit of Secular Priests , they should wear that of Regulars . This last seemed a pretty odd kind of an Order , and a Mystery that no body could tell what to make of . He caused Copies of this Bull to be dispersed , that so he might thwart the Edict of Charles , and retreive the possession of the power of Reforming Manners and Doctrine which the Emperour would have invaded . In execution of the Emperour's Edict , some Provincial Synods were held in Germany . The Archbishop of Cologne called one , wherein some good Acts were made concerning Discipline , which were approved by Charles the Fifth ; but no mention at all of matters of Faith . The Electour of Mentz observed not the same measures ; for in his Synod he made eight and forty Decrees about matters of Faith , and fifty six concerning the Reformation of Discipline . In things that had been decided he followed the Council of Trent , and in the rest , the most received opinions of the School-men : except in the point of Images , where he declared that Images are onely appointed for bare Commemoration , and not for objects of Devotion ; and in that of Saints , where he asserts that the honour due to Saints is an honour of Society and Dilection , and not a Religious Worship . The Nuncio's who were named in the year 1548. set not forward on their Journey to Germany untill the year 1549. but they met with no extraordinary reception in the places through which they passed . They went to wait on the Emperour in the Low-Countries , and because they found that their stay in Germany was to no purpose , they took the Emperour's Counsel , which was to substitute Bishops in their place to see to the execution of the Bull , according as they had power to do . This substitution then was made , but it signified nothing , for the Catholicks who persisted in their obedience , would not make use of the Indulgence which the Bull allowed , and the Protestants on the other hand , would hold nothing from the Pope's Liberality .

JULIUS III.

Paul III dies . Giovanni Maria di Monte is chosen in his place , and takes the Name of Julius III. The same year 1549. on the seventh of November , Pope Paul the Third died . And immediately upon the news , the Cardinal di Monte left Bologna , and so the remnant of that Council was dispersed . It is the custome to enter into the Conclave for election of a new Pope the tenth day after the death of the former , because the Ceremonies of the Funeral last nine days : but because many were absent they entred not before the twenty eighth of the Month. Notwithstanding this delay , Cardinal Pacieco , Head of the Prelates who continued at Trent , came not before the Conclave was shut up , because he had expected the Emperour's Orders which were long a coming . The Conclave was divided into three Factions , the French , the German , and that of the Farneses . The French were for Cardinal Salviati , the Imperialists for Cardinal Pool , and the Farneses for one of the Creatures of their Uncle . None of the Factions was strong enough to carry it over the rest ; but at length , after they had been shut up in the Conclave ten or eleven weeks , the Farneses having joyned with the French , they concluded to chuse Cardinal Giovanni Maria di Monte , who had been Legate President at Trent and Bologna . The Imperialists who could not hinder , seemed to give way to it , and to concur with the Farneses . He was therefore chosen the eighth of February , and Crowned the three and twentieth : Immediately after his Election he was sworn to continue the Council , as it had been agreed upon amongst the Cardinals ; and on the twenty fourth he took the name of Julius III. He performed the Ceremony of opening the Golden Gate , a Ceremony commonly used on Christmas-Eve at the opening of the Jubile .

The Emperour immediately dispatched Luigi Davila to Rome with Orders , so soon as he had made the usual Complements to the Pope upon his Promotion , to solicite the re-establishment of the Council . The Pope made answer in an ambiguous manner , and gave Cardinal Pacieco some grounds to hope , that he would not be against the restitution of the Council , provided that it might onely serve for the ruine of Hereticks , and not for overthrowing the Authority of the holy See . What difficulties soever he made as to that ; yet they quickly began to have hopes of overcoming them , because after his exaltation he gave himself wholly over to pleasure and ease . Don Diego de Mendoza wrote to the Emperour that the Pope grew effeminate in his pleasures , and that he would not retain vigour enough to resist those importunities that might create him trouble . Being raised to the height of Dignity , he thought himself no longer obliged to live under constraint , and therefore giving way to his inclinations he led a pretty easie and soft kind of a life . Nay , and in the very beginning of his Pontificate he committed an action which confirmed the suspicions that men had conceived , that his pleasures had been none of the most gentile and innocent . And that was , that when according to the custome , upon his exaltation to the Papacy he was to dispose of his Cardinals hat , he gave it to a man of so base extraction , that his name and family are still unknown in the World ; all that could be said of him was , that he was born in the City of Piacenza . Giovanni Maria di Monte , who was then but Bishop of Siponto and Governour of Bologna , took that young boy into his Service , and had so great an affection for him , that he used him as if he had been his own Son . When he was Legate at Trent , this Favorite fell sick ; he sent him to Verona for change of Air , and after he had recovered , knowing what day he was to return , he carried his retinue with him out of Town , under pretext of a walk on the rode to Verona , where having met him , he received him with extraordinary Caresses : and , at length , when he was Pope , he obliged his Brother to adopt the Boy who was called Innocent , and so gave him the Name of Innocent di Monte , making him at the same time both his Nephew and Cardinal . Innocent love does not commonly goe so far .

The Emperour obtains the Council to be re-established in the City of Trent . Charles abating nothing of his instances for the re-establishment of the Council at Trent , the Pope was at length forced to take advice thereupon . The opinions were extremely different according to the various Prospects that he and his Counsellers might have . The reasons which obliged Paul III to make that Translation were still in force , and Julius being now Pope seemed to be more engaged to maintain it , because it had been a work of his own making whilst he was Cardinal . But on the other hand he did not find himself so well seated in his Chair as to be able to resist the shocks of those struglings that had given so much trouble to his Predecessour Paul III. though confirmed in the Papacy by a long Possession ; he therefore resolved to yeild , but to keep a Decorum he would have it done in the usual Forms : and for that end he concealed his resolution ; he called an Assembly of Cardinals and others , into which he purposely admitted many Imperialists and Spaniards , and referred himself to what they should think fit to resolve upon .

The Imperialists who followed their inclinations , and the favourers of the Court of Rome who knew the Pope's secret , concluded that the Council could not be called at Bologna , and that therefore it must be remitted to Trent . The reason that was given out for this , and to which Julius pretended to acquiesce , was , that the matter of the Translation having caused a Process whereof Pope Paul III. had made himself Judge , Julius III. being now Pope could not be Judge in a controversie wherein a little before he was a Party , being Legate and Cardinal . So that he declared , that with his fortune he had changed his thoughts and interest , and that Pope Julius did not think himself obliged to maintain all that had been done by the Cardinal di Monte ; he therefore resolved to run the risque of a Council , wherein notwithstanding he was much afraid that the Spaniards would attempt something contrary to his Authority : but as to that he used all the Caution and Circumspection that he could , he got a promise from Charles that he would maintain the dignity of the holy See ; which the Emperour gave with Complements that had , perhaps , more of Civility than Sincerity . They were somewhat apprehensive at Rome that the Choice of the place would not please the King of France , because he had no reason to take it well to see a Council held in Germany , by reason of the Clashings that he had with the Emperour . Nevertheless Trivulcio Bishop of Tolon , the Nuncio sent about that affair , did so well acquit himself of the Commission that he had to manage the King of France , that he compassed his ends ; he prevailed with him to accept of the Place , and engaged him to defend the Papal Authority , if the Imperialists should attempt the lessening of it .

At the same time the Emperour held a Diet at Ausbourg , whither the Bishop of Siponto came to wait on him in name of the Pope , to bring him his consent to the return of the Council to Trent , and to demand some things of him . First , because that the place might be suspected by the French , that the Emperour would give that Nation all the security that might reasonably be demanded , to the end that they might send their Prelates to the Council ; as he on his part had promised Henry , that the Council should make no Impeachments of the Liberties of the Gallicane Church . Secondly , that the Actions of the Council might be hastened on , to lessen the great expence that the Pope was at during the sitting of it . Thirdly , that he would oblige the Protestants to submit to it , and to receive the Decisions which had been already past therein . And in the fourth place that he would be pleased to take upon him the Care of maintaining the Authority of the holy See against the attempts of so many ill affected People . As to the first the Emperour answered that it was just that France should have all manner of satisfaction . To the second , that it was very reasonable that the Council should be employed in business so long as it continued . To the third , that in the last Diet he had obtained the consent of the Protestants to submit to the Council ; but that it was not time to discourse the Question , to wit , whether the things that have been decided might be reviewed or not , that that was more proper to be handled in the Council . And as to the last , his Answer was , that he had always been the Protectour of the Dignity of the holy See , and that he would still continue to be so . The Pope was not very well satisfied with the Answer to the third Article : For the Court of Rome was resolved never to consent that the matters decided in the former Sessions should be again reviewed , and according to the Answer of Charles , the Pope was afraid that his design was to favour the Lutherans , who demanded the revising of the Decrees . But he dissembled his thoughts as to the answer , and acted as if that Article had been really concluded , and upon that foot formed the Bull of Convocation .

Charles continued the Diet at Ausbourg , and pressed the Protestants hard to confirm the promise , that they made him of submitting to the Council . But the Ambassadours of some Protestant Princes , and amongst others , of the Electour of Saxony , declared that they could not submit to it , unless , these conditions were granted them . 1. That the Decrees which had been made at Trent might be reviewed . 2. That the Council should be free . 3. That the Protestant-Divines might have a Vote in it . 4. That the Pope should not preside therein . 5. That the Bishops should be freed from the Oath which they had taken to the Pope . However the greatest part of the Protestants pretended to submit to the Council with less Limitation , because at that Diet as at the former the Emperour was in arms , and they had not liberty to speak what they thought . The Emperour had desired of the Pope that he would send him the Minute of the Bull of Convocation before he published it . But the Pope would not , as not thinking it consistent with his Dignity , nor the Character of Head of the Church to submit the Examination of Bulls before they were formed , to the Judgment and Censure of a Secular Prince . He sent it him dated , closed up and sealed , but not as yet published . The Bull of Convocation was sent to the Emperour who did not presently propose it to the Protestants because it was too high and lofty . It was not presently communicated to the Protestants , because the Emperour thought that it would onely serve to incense them the more , seeing the Pope extremely magnified his Authority therein . He called himself the Vicar of Jesus Christ , and took solely to himself the power of calling and presiding in Councils . The Emperour used all the interest that he could at Rome with the Pope to make him alter it : but the Pope continued firm and inflexible in his resolution , and fell even into a kind of Passion when the proposal was made to him . And that he might put a stop to the Suits and Importunities that were made to him about that affair ; he published a Brief for the Publication and Confirmation of the Bull , causing both of them to be affixed on the Gates of the Churches of St. Peter and St. John of Lateran . The Emperour therefore , finding that he could obtain nothing , caused the Bull to be read in the Diet , where it produced the very effects which he had foreseen . The Protestants recalled their promise , and the Catholicks themselves condemned that haughty and lofty Conduct at so unseasonable a time . Charles essayed to allay the disorders , promising positively that notwithstanding the expressions in the Bull , he would so order matters that all , even the Protestants themselves , should receive satisfaction ; he past his word that he would keep himself within near distance of the Council , where he might have an Eye upon the Conduct and Proceedings of that Assembly . And so on the thirteenth of February 1551. the Recess of the Diet was made , the Conclusion whereof was that after the re-establishment of the Council at Trent , all Germany should with a submissive spirit expect what should there be decreed : that the Emperour should be there , and give orders that all might freely propose what they had to say , and that he should bring matters so about that the Controversies should be decided by the Scriptures and Fathers . That did not at all please the Court of Rome , and they easily perceived that that Edict was made to lash the Bull. The Pope in the Bull declared that he alone had Right to govern the Council , to preside therein , and to prescribe the manner of proceeding ; and the Emperour in the Recess engaged himself to govern the Council , according as the should think convenient : Nay more , he promised therein matters which he could not perform without obliging the Council to follow a Conduct quite opposite to that which had been observed in the first Convocation . Nevertheless the Pope went on to accomplish what was necessary for the holding of the Council . He named but one Legate to assist at it in his name Marcello Crescenoci Cardinal of S. Marco ; and instead of another Legate gave him two Nuncio's for Collegues , Sebastian Pighini Archbishop of Siponto , and Luigi Lipomani Boshop of Verona ; the first because of the intimate Friendship that he had had with him , and the other because of the great reputation of integrity that he was had in . He discovered his Secrets to them , gave them their Commission , and ordered them to open the Council the first of May the same year 1551. without farther delay , though none should be there but themselves alone , as the Legates of Martin V. had done , who opened the Council of Pavia without the assistance of any Prelate .

THE HISTORY OF THE Council of TRENT . BOOK IV.
JULIUS III.

WHEN the Legates arrived at Trent , they found but a very small number of Prelates there , The opening of the Council is made at Trent for the second Convocation . and , indeed , during the whole time that the Council continued under Julius III. there were never above threescore Bishops in it . But though the Bishops were very inconsiderable in number , yet the Council was opened on the day prefixt which was the first of May. The Eleventh Session 1. May 1551. All that was done in that Session was onely the putting of the question to the Prelates , Are ye pleased to begin again the Actions of the Council at Trent ? to which answer was made by a Placet . Afterward the day for the next Session was assigned to be the first of September following .

About that time , that is to say , a little before the opening of the Council , there happened a troublesome Accident which hindered the French Prelates from coming to Trent , as King Henry the second had promised , had bred a quarrel betwixt the Pope and the King . The Pope clashes with the King of France . The King sends not his Prelates to the Council . Ottavio Farnese Grandchild of the late Pope and Son-in-Law to the Emperour , having married Margarite his natural Daughter , and been by Julius III. restored to the Possession of the City of Parma . Charles the fifth that he might become more powerfull and get greater footing in Italy had a design to seize that Town , as he had already seized Piaoenza and another part of the Parmesan , after the murther of Pietro Luigi , Ottavio's father , purposing to give his Son-in-Law an Estate elsewhere in lieu of it . Ottavio fearing the designs of the Emperour his Father-in-Law , and the boldness of Ferrante Gonzaga Governour of Milan , his Enemy and Neighbour , put himself under the Protection of France , and received a French Garison into Parma . The Emperour was extremely vexed at that , and found means to perswade the Pope , that that enterprise was very Derogatory to his Authority , since that City ought to be considered as part of the Ecclesiastick State , because Ottavio held it of none but the Pope , who had been pleased to put him in possession thereof . Ottavio had acted nothing in that affair without having in some manner obtained the Pope's permission ; for he had desired of the Court of Rome , either that they would protect him against the Enterprises of the Emperour , or that he might be permitted to take the best Course he could for the Security of the Place , according as he should judge most convenient , which was granted him . However Julius who had not foreseen the Consequences of the permission which he had granted , being solicited by the Emperour , without more adoe broke out into rage ; published an Edict against Ottavio , cited him to Rome , and in case of Non-appearance declared him a Rebel , and implored the Emperour's Assistance against him . The Emperour gave a favourable answer , and promised the Pope assistance to reduce Ottavio to reason . The King of France sent de Terme Ambassadour to Rome , to pacifie the Pope , and to give him to understand that he had not taken upon him the Protection of Parma with any other design than the preservation of the liberty of Italy , which Charles the fifth intended to oppress . De Terme finding the Pope stiff , told him that if he were for war , the Council might be dissolved , and that though it were continued in being , yet it could not be called a General Council , because the French Prelates could not be there ; nay he did not spare to tell him , that his Master would be ready enough to take arms , and make use of the means that his Ancestours had employed against the Popes who had shew'd themselves Partial . The Pope hereupon fell into a Passion , and told him that if the King took Parma from him , he would take France and the Commerce of all Christendom from the King . Notwithstanding he huft at this rate , yet he was still in great fear ; and therefore gave orders to the Bishop of Imola his Nuncio to acquaint the Emperour with all that had past betwixt him and the Ambassadour of France , and withall gave him instructions to engage the Emperour as much as possible he could to the Interests of the Court of Rome . Henry of France having in vain essayed to move the Pope by promises and threatnings , began to act . And in the first place , he sent orders to all the Prelates of his Kingdom , to repair to their Diocesses within six Months , to prepare themselves for a National Council . This order was intimated to the French Bishops and Cardinals that were at Rome in great number . They obeyed , and the Pope durst not withstand it . That blow a little amazed him , and made him resolve to speak more mildly . He therefore sent Ascanio Della Corna his Nephew into France , with orders to bestir himself with all possible diligence , to prevail with the King not to protect the Duke of Parma who was his Vassal and in Rebellion against him ; and to break off the design of a National Council , by representing to him that it was the beginning of a Schism . The King to be even with the Pope in matter of civility sent to him Monluc , Archbishop of Bourdeaux Elect ; but these Negotiations produced no effect , because neither Party would yield in any thing . The King would not abandon the Duke of Parma , and the Pope would not be pacified . It is certain that it was the interest of the Pope , as well as of all Italy , that Ottavio should secure Parma against the designs of the Emperour : and the Power of the French who had nothing in Italy , ought to have been far less formidable to the Italians than the Greatness of Charles the fifth , who was already so powerfull amongst them ; and therefore no body could tell what to make of the Pope's Conduct . That was the reason that made some cast about to find out some Mystery in it ; and to imagine that since he could not be ignorant of his own interest , he had onely declared against the Duke of Parma , to set the Emperour and King of France together by the ears ; that so he might put a stop to the Progress of the Council , which he had called against his Will. And indeed it was observed that the Pope did not seem much concerned about the affairs of the Council , after it had been opened . It was not so with the Emperour , for as he had taken a great deal of pains to have it renewed , so was he very solicitous to oblige the Protestants to repair to it . The Protestants prepare to send their Divines to the Council . Maurice Duke of Saxony who under a feigned Compliance was hatching great designs , assembled his Divines , and commanded Melancthon to gather together the Articles which were to be proposed to the Council . Christopher Duke of Wittemberg did the like , and the Divines having mutually communicated their Writings , they found that they agreed in all matters . But before they would set out on their Journey to Trent , they desired a safe Conduct from the Council , besides what they had from the Emperour ; that they might not fall into the misfortune of John Huss , who was burnt at the Council of Constance , notwithstanding the safe Conduct of Sigismond . Charles promised them this safe Conduct , and sent three Ambassadours to the Council with full power to act and doe all that he could doe and act himself , if he were personally present . These Plenipotentiaries were Hugh Count of Montfort , Don Francisco de Toledo Prior of Roncevaux , and William of Poictiers Arch-Deacon of Champaigne . The Emperour by his solicitations prevailed with the Electours of Cologne , Mentz and Treves , and as many German and Spanish Bishops as he could , to goe thither ; and yet , in that Council which lasted Eight months , there were not above threescore and four Prelates , including the Presidents and Ecclesiastick Princes .

1 September 155● . the second under Julius . The first of September the day prefixed for the Session was come ; And yet nothing was done in it , because there were but a few Members arrived , and more were daily expected .

After the Ceremonies were over , the Secretary of the Council read a long exhortation which the Legates had given him , tending in General to perswade all to a peaceable temper of mind , that all their actions might be carried on with Calmness ; then was the Decree read , which contained nothing but the Assignation of the next Session to be the Eleventh of October forty days after , and an intimation that after the Sacraments in general , and particularly Baptism and Confirmation were handled , they would in that ensuing Session decide the Controversies of the Eucharist ; and treat about Reformation in matters that obstruct Residence . The procuration of the Emperour was also read and approved by the Council , and the Harangues and usual Complements were made . The Count de Montfort made a speech , and Giovanni Baptista Castello Promooter of the Council made him an answer . The Procuration of the King of the Romans was like wise read , who sent to represent him , Paolo Gregoriani Bishop of Zagabria a Town in Sclavonia , and Frederick Nauseus Bishop of Vienna . The Council gave them a favourable reception , as they had done to the Emperour's Ambassadours ; but after them came another Ambassadour , who was not so kindly received , and that was James Amiot Abbot of Bellosane , Amiot presents himself before the Council , and protests in name of his Master the King of France . Sanctissimis in Christo Patribus conventûs Tridentini . and afterwards Bishop of Auxerre , Ambassadour from the King of France ; he presented his Master's Letters , with this superscription , To the most holy Fathers in Christ of the Assembly of Trent . This superscription presently offended the Spaniards and put them in a flame , they said that that Letter was not for them , that they were not , I cannot tell what , Assembly but a true Council ; they wrangled a long time about the word Conventus . The Imperialists and Spaniards maintained that it was a reproachfull word , and others , on the contrary , said it was no injury to the Council to call it so . At length , the Legate , Nuncio's , and the Emperour's Ambassadours retired into the Vestry , and after some short Conference , came back and said that the holy Council were resolved that the Letters should be read sine praejudicio ; this occasioned some talk that five or six men should call themselves the holy Council , and made some observe that the greatest matters as well as the smallest were carried so by a few who were Masters and disposed of all the rest . However it be , the Letters of the King of France were read ; and the Electour of Mentz was so eager for it , that he told them : if you will not hear a King who calls you a most holy Assembly , how will you give audience to the Protestants that call you Ecclesiam malignantium the Assembly of Malignants . That Letter accused the Pope and excused Henry King of France ; in the beginning whereof he made a Complement to the Fathers of the Assembly of Trent , and offered to make them Judges of the Debate he had with the Pope about the Business of Parma ; but the conclusion was in another Style ; for Amiot protested by word and by writing in name of his Master , that he could not own that for a General Council wherein the French Bishops could not be present , declaring that they could not be sent , because Trent was no secure place for them , and that through the Pope's Conduct the King and his Prelates were excluded the Council . He added that his Master would take his course by the Law of Arms to have reparation of the injuries that were done him , and desired that he might have an instrument of his Protestation ; he was refused that instrument , and told that he should have an answer the next Session . This Protestation had been already made at Rome by De Terme , but had not come to the knowledge of many . Here it was made publickly , in sight of all the World , and furnished matter for conversation and for the reflexions of Politicians . The Imperialists slighted it , and said that the greater number carries it over the lesser , that the French had been invited to the Council , and that if they refused to come , it could be no prejudice to its Authority . But there were others who made more serious reflexions upon it , and did not think that that could be called a General Council , which was onely composed of Italians , Spaniards and some few Germans . The Parliament of Paris attributed great weight to the King's Protestation , and maintained that the greater number carries it not over the lesser , but in affairs where the interest is not common : but that in common interests prohibentis conditio est potior , the right of the opposers is strongest . They farther added that Churches which are not present in a Council , are not obliged by its Decrees , which was a thing never questioned amongst the Ancients : seeing that after Councils had been held , the Decrees past in them were sent to all absent Churches to have their Confirmation ; without which in those Churches they could not bind nor have the force of a Law . The sober , discreet and charitable sort made a third Party , blamed the King as having given the Council a mortal stab , and laid a ground for a prejudice against it , which would be very hard to remove . Could one think or perswade himself that the Holy Ghost could have presided in that Council , against which a most Christian King , Eldest Son of the Church and a great Persecutor of all new Sects , had made a Protestation ? however the King of France stopt not there ; he published a Manifesto against the Pope , and made a prohibition that no money should be carried to Rome upon pretext of Dispensations , Annates or any other Title . That Manifesto was verified in Parliament , where a great liberty was taken in speaking especially against Dispensations , which they termed Shams and Tricks , incapable of giving any assurance to Consciences . Whilst Henry proceeded in this manner against the Pope , that he might not be suspected of Heresie , he doubled his persecutions against the Protestants , made more rigorous Edicts against them , and inflicted severe punishments upon a great many . He likewise made a distinction betwixt the holy See , and the Pope and Court of R●me ; for he protested that he still retained the same Reverence for the holy See , though he was preparing to give the Pope his hands full on 't . This distinction did not go down neither at Rome nor Trent ; the Italians maintained that the Pope and the holy See were one and the same thing . The French said no ; and proved it by the Authority of Victor III. and Stephen IV. who though both were Popes , yet confessed that the holy See was their Lord and Master .

The Council falls upon business , and chuses the point of the Eucharist for Doctrine , and the Jurisdiction of Bishops for Reformation . These oppositions of the French King did not put a stop to the Synodal actions at Trent , for next day after the Session , a general Congregation was held , wherein a Committee of Fathers was appointed for drawing up Articles concerning the Eucharist , and to give them to be examined by the Divines : they also discoursed of Reformation , and made choice of the point of Jurisdiction , which the Bishops complained , was wholly taken from them by Evocations , Appeals , Exemptions , and Commissions directed from the Court of Rome . They who had Commission to enquire into the matter of Doctrine extracted ten Articles concerning the Eucharist from the Books of the Zuinglians and Lutherans , amongst which they intermingled errours which could neither be imputed to Zuinglius nor Luther . For the examination of these Articles , an Order was made that the Divines should prove their opinions by Scripture , the Fathers and Councils , avoiding all nice and superfluous Questions : but this Order was not acceptable to the Italians who were very quaint in School-Divinity , but ignorant in all things else ; the Germans liked it somewhat better , because the Disputes which they had had with the Lutherans had obliged them to study Languages , the Fathers , Councils , and the Scripture . The Italians made Speeches against that Method , and pleaded the cause of Ratiocination against Authorities . They alledged that there needed no more but a good Memory to collect passages , and that that Method gave the Lutherans the Victory who were excellent in such kind of Collections , and skilfull in Grammar-learning for the interpretation of passages . They had as good have said nothing ; for the Order past , though to no great purpose , for it hindered not Scholastick Disputations , as will appear hereafter .

They came to the examination of the Articles concerning the Sacrament of the Eucharist , every one gave his opinion thereupon , and it suffered no great debate . The second was against those who say that Jesus Christ is not eaten sacramentally but spiritually ; several thought the question to be of no great importance , because the Hereticks did not deny but that our Saviour Jesus Christ was eaten sacramentally . The third was against the opinion of Impanators , who maintain the assumption of Bread , and its hypostatick Union with the body of our Lord ; but they were told that that opinion which was the opinion of Robert Abbot of Tuits was dead with himself above four hundred years ago , and that it had no asserters . There was some Dispute on the Jacobins side about the necessity of Confession before the Communion , which is mentioned in the last of these ten Articles , and they affirmed that many able and holy Catholicks had been of the judgment that it was not always necessary . The eighth and ninth Articles that relate to the Communion in both kinds took up longer time . The Divines enlarged in proving that the Communion in one kind was sufficient , but the Dispute lasted not long ; for they came to an agreement to reduce those ten Articles into seven Canons , fortified with Anathema's against the enemies of the Real Presence , Transubstantiation , Adoration , Communion under one kind , and against those who condemn the other Opinions and Rites of the Church of Rome in relation to the Eucharist . It was likewise resolved that Chapters should be made on this head , as had been done about the point of Justification , and not to rest barely on Canons as was done in the matter of the Sacraments in general . This rejoyced the Italians , who thought they had got their revenge on the Germans , because for forming of those Chapters of Doctrine , recourse must be had to their School-Divinity , which had been neglected in framing of the Canons . These Chapters were reduced to eight in number , of which there was one that handled the point of the Communion in both kinds , against the Protestants .

Upon this occasion the Count de Montfort and the rest of the Emperour's Ambassadours interposed and alledged that the matter of the Cup was a popular thing , known of all , and that it was one of the stumbling-blocks to the Protestants of Germany ; that it ought not to be decided unless they were present at the Council ; that to come thither as they had promised , they desired a safe Conduct from the Council as well as from the Emperour . They demanded that safe Conduct , and prayed that they might forbear treating about matter of Doctrine , and apply themselves to Reformation wherein they would find business enough . The Legates and Nuncio's refused to supersede the examination of points of Doctrine , but insisted not much on the Article of retrenching the Cup , nor the safe Conduct . They expressed themselves onely in general terms telling them that they would next Session take it into consideration , and immediately acquainted the Pope with all . The Pope took Council about the matter ; the result of which was , that though there was no hopes of reclaiming the Lutherans , yet that they might have no pretext of complaining , they should defer the point of retrenching the Cup , but that that delay should not extend beyond three Months . The matter of a safe Conduct suffered more difficulty ; for most part were against the granting of it , because no Council had ever done it , but that of Basil , the least action whereof they scrupled to imitate ; they added that the coming of the Lutherans to the Council , would onely serve to seduce people , because they would not forbear their Dogmatical Cant ; that on the whole , if they refused to submit , that safe conduct would be dishonourable to the Council , from which they required a compliance which ought never to be granted to Hereticks . To remove all these difficulties they thought of giving a safe Conduct in general terms , wherein the Protestants should not be named , but onely designed under the Title of Church-men and Seculars of the German Nation ; that so if at any other time necessity did require , they might say that by these terms none were meant but Catholicks . Whilst they were consulting at Rome about the safe Conduct , at Trent points of Doctrine were under examination , and that inquiry was not so calm and peaceable , as the other about the Anathema's and Canons against Protestants ; for it was impossible to keep the Jacobins and Cordeliers from going together by tho ears about the matter of Transubstantiation . The Jacobins pretended that the body of our Saviour is made present in the Eucharist by way of Production , because the Body of Jesus Christ without coming down from Heaven , where it is in its natural being , is rendered present in the Bread by a reproduction of the same substance , according to which Doctrine the substance , according to which Doctrine the substance of the Bread is changed into the substance of our Lord's Body . The Cordeliers on the other hand , defended that Transubstantiation which is called Adductive , they alledged that our Lord's Body is brought down from Heaven , not by a successive , but momentany change , and that the substance of Bread is not changed into the substance of the Body of Jesus Christ , but that the Flesh and Bloud of Jesus Christ succeeds into the place of the substance of the Bread , being conveyed thither from another place . Each Party maintained their opinions with wonderfull heat , branding one anothers with absurdities and contradictions . The Electour of Cologne who had had the patience to hear these wretched janglings , said very pleasantly , that both Parties were in the right when they refuted , and charged one another with absurdities ; but that they seemed all of them to be out of the way when they asserted their opinions ; because they spoke nothing that was Sense or Intelligible ; at length seeing there was no declaring for one Party without offending the other , they satisfied them both by couching the Decree in very general terms . In the same Congregation they discoursed of many abuses that concerned the Eucharist , which ought to be reformed : such as are the failings in reverence and respect to the holy Sacrament . It was complained of , that they did not kneel before it , that they let it mould in the Pixes , that it was administred with little reverence , and that they took money from Communicants . This last abuse was committed particularly at Rome , where the Communicants carried in one hand a hollow Taper , and a piece of money in the Taper , which was the Priests see . It was resolved that Canons should be made against that abuse , and many more of the like nature .

The original of the Jurisdiction of the Tribunals of the Church , with their progress . At the same time other Congregations were held consisting onely of Doctors of the Canon Law , for handling the matter of Discipline ; the Head that was examined was that of the Jurisdiction of Bishops . The end the Bishops proposed to themselves was not the rectifying of the abuses of that Jurisdiction , by restraining it to the just and lawfull bounds whereby it was limited in the Apostles time , and in the primitive Ages of the Church ; on the contrary they would have enlarged it by exempting it from the power and attempts of the Court of Rome . That Jurisdiction in the first Ages was onely grounded on the sixth Chapter of the first epistle to the Corinthians , wherein St. Paul exhorts believers not to bring their Causes before Infidels , but to chuse out amongst themselves fit persons to compose their differences : but because the Tribunal which St. Paul establishes in that place was merely a tribunal of Charity , which had no coercive power , so the Sentences that past there were onely Verdicts of Arbitration , which men stood by if they thought fit : by the six and fiftieth Chapter of the second Book of the Constitutions attributed to St. Clement , it appears that the Bishop and Priests met every Munday for determining the affairs of their Flock . And it rarely happened that any one appealed from these Decisions , because of the great respect that men in those days had for the Church . But after the times of persecution were over , the Bishops supported by the Emperours who were become Christians erected Real Tribunals , the Decrees and Sentences whereof were put in execution by the Authority of the Magistrate . It is said , that Constantine ordained that the Sentences of Bishops should be without appeal , and be put in execution by the Secular Judges ; and that if one of the Parties should desire that a Process commenced before a Secular Judge , might be referred to the Tribunal of the Bishop , the reference should be granted in spight of all opposition either from the Judge or the adverse Party . In the year three hundred sixty five the Emperour Valens enlarged that Jurisdiction , and Possidius reports that St. Austin was taken up in those trials of Civil matters many times even till night , which troubled him much , because it took him off from the true functions of his Ministery . That Law of Constantine in favour of this Tribunal of Bishops was revoked , or at least limited by the Emperours Arcadius and Honorius : for they ordained that Bishops should decide in no Causes but those of Religion , and in Civil matters , when both Parties consented to it . In the year four hundred and fifty two , the Emperour Valentinian confirmed that Law which restrained the power of Bishops : Justinian restored to them part of what they had been deprived of , allowing them besides the Causes of Conscience , power to take cognizance of the Crimes of the Clergy , and to perform several other acts of Jurisdiction over Laics . And thus by the indiscreet favour of Emperours , the power of the Church which is all Spiritual became a Carnal Dominion . In the following Ages the Jurisdiction and Authority of the Bishops got ground apace , and especially in the Western Church ; because the chief of the Clergy were the ablest Statesmen ; they were commonly of Princes Councils , and managed and Civil matters . That was the reason that in a short time they grew to be sole Judges of all Causes Civil and Criminal of the Clergy , and that they extended their Jurisdiction over Laicks under various pretexts : for instance they took upon them to Judge of the Validity of last Will and Testaments , to make Inventories and apply Seals , under pretext that Widows and Orphans are recommended to the care of the Church . Heretofore all contracts were confirmed and ratified by Oath , and because an Oath is a matter of Conscience , they made themselves Judges of all Causes that related to Contracts and Promises . Besides these Jurisdictions they established a Court which they called the Mixt Court wherein they Judged of all civil Causes belonging to the Magistrate ; if the Court of the Church had by anticipation taken cognizance of the Cause ; but on the other side if the Magistrate had anticipated them , then the Ecclesiastick-Court had no more Power . They likewise laid down for a Maxim , which brought a great many Causes before them , that when the Magistrate neglected or refused to doe Justice , then the Cause devolved to the Ecclesiastick-Court : And in fine , to fill up the measure of corruption , in the eleventh Century , they laboured to lay down this for a Maxim that Bishops did not derive this great Power from the Concessions of Princes , but immediately from Jesus Christ . Otherwise if the Bishops had acknowledged that they held these Privileges from Princes ; Sovereigns would have always had power to punish them , and rectifie the abuses committed by them in their Jurisdiction . But that they might put themselves out of reach of Animadversion , they perswaded People that their Jurisdiction was independent of the Power of Princes . At last , that they might frame an Empire Paramount over all the States of Christendom , the Pope was made Head of that Jurisdiction which the Bishops had usurped and reared up within the space of thirteen hundred years . For after that the Bishops had taken from Magistrates a great part of their Jurisdicton , the Pope found a way to strip the Ordinaries of the greatest part of their Power , by Evocations , Appeals , and Exemptions . So that if on the one hand the Secular Judges complained of the usurpations of the Bishops : on the other hand the Bishops complained of the encroachments of the holy See . This in general , was the matter that then was handled in the Congregations of the Canonists , whilst in the others , matters of Faith were examined . Gropper votes for the abolishing of Episcopal Jurisdiction , and Ecclesiastick Tribunals . Gropper who was in the Council both as a Lawyer and a Divine , reasoned accurately about these abuses of Jurisdiction , and shew'd that in the beginning , the sentences of Bishops were sentences of Charity ; that these sentences were rendered not by Officials as now a-days ; but by the Bishop and Priests assembled in a kind of Consistory or Synod . That moreover , there was no such thing known as Appeals from those sentences to the Pope , that if any Appeal was made , it was to their next immediate Superiours which are Synods . And therefore he was of opinion , that these Synodal Judgments should be restored , that the Courts and Judgments of Officials should be abolished , and that all Appeals to the Pope immediately , without passing through subordinate Superiours , should be discharged .

The Legate , Nuncio's and Italians , slaves to the Court of Rome listened to this discourse with a great deal of impatience , and having consulted together they set on the Promooter of the Council Giovanni Baptista Castello a Bolonian , who in a long harangue maintained that it was lawfull to Appeal immediately to the Pope , Baptista Castello Promooter of the Council refutes Gropper about the subject of immediate Appeals to the Pope . and to bring Actions before the holy See , without passing through the Intermedial Judges . The Bishops were not satisfied with Gropper's Discourse , but far less with that of Castello . For he raised the Authority of the Pope to such a pitch , that the Italians themselves murmured at it , because according to Castello's Maxims , the Pope was all in all , and the Bishops signified nothing at all ; and that made the Italians recoyl and talk of accommodation . In effect they came to an accommodation , and adjusted matters in this manner , That there should be no Appeals from the definitive Sentences of Bishops and Officials but in causes criminal , and that even in criminal matters it should not be lawfull to Appeal from Interlocutory Sentences ; untill Definitive Sentence were pronounced . But they would not re-establish Synodal Judgments by ruining the Officials . The Bishops urged not to be re-established in their ancient right of being Judged by their Synods , that is to say , by the Metropolitan , and their Comprovincials ; because men are not commonly inclined to facilitate Judgments against themselves , and Processes against Bishops are much more difficult when one must go to Rome , or procure a Commission from thence , than if they could be accused upon the place before their proper Judges , which are Synods . The power was therefore left to the Pope of Judging them by Commissaries delegated in partibus . Onely the Council made some Regulations , that none inferiour to the Bishop in Dignity should be chosen as a Commissary of the Pope , to Judge him . It is one of the Grievances against the Council of Trent ; and one of the reasons why it is not received in France , that contrary to the ancient Canons , it deprives Bishops of the right of being Judged by the Metropolitan and their Comprovincials .

Of Degradations , their Original and Progress . There was also another great abuse in the Jurisdiction of Bishops , of which a Reformation was demanded , and that was the manner of Degradations . According to the Privileges that have been granted to the Clergy , or which they have usurped , this Maxim has been long received , that the Magistrate has no power over Clerks so long as they remain Clerks . So that a Member of the Clergy must be degraded before he can be delivered over to the Secular Power , for capital and enormous Crimes , where sentence of death is to be pronounced , which cannot be given by an Ecclesiastick Court , because it imbrues not the hand in Bloud : and this custome was confirmed by the Laws of Justinian . It was even the custome in preceding Ages , that is , in the fourth and fifth Century , when a Member of the Clergy returned into the World , to degrade him by the same Ceremonies whereby he had been installed , but in a manner inverse and retrograde , that is to say , that they clothed him in all his Priestly Habits , and then stript him of the same one after another , applying words quite contrary to those of Ordination . But since , about the year six hundred , these Degradations were abolished ; and those who had taken high Orders were prohibited from returning again into the World ; so that the custome of Degradations is onely retained in Criminal matters , when a Member of the Clergy is to be delivered over to the Secular Power to be punished . But these Degradations of Clerks convicted , must be done according to the new Canons , with so many Ceremonies as rendered the punishment of the Members of the Clergy almost impossible . That was their Scope , and they onely clogg'd Degradations with so many difficulties , that they might live in impunity . For Degrading a Bishop , thirteen Degrading Bishops were required , besides twelve Assistants . For Degrading a Priest , there must be six Bishops , for Degrading a Deacon three Bishops , whereas for Consecrating a Bishop three are sufficient , and one for Ordaining a Priest . How difficult a matter was it to get so many Bishops together , and how chargeable must that be , especially in Germny , where Bishops are very thin and at a great distance one from another ? These Degradations were performed with great Ceremonies in Pontifical Habit , and extraordinary concourse of People . The matter was very long canvassed , but the Council Judged it not expedient to abolish the use of Degradations , onely it was thought fit to find out some way of facilitating them , that they might be done with less trouble . Whilst the Council was thus taken up , the Cardinal Legate had time to receive news from Rome . So soon as it came , without telling the Council that he had written , and without communicating his answers , he called the General Congregation , and had it concluded according as it was resolved by the Pope , that they should grant the Protestants a safe Conduct in general terms , and that they should refer the point of the Cup to another Session . Amongst the points that were to be handled again , the Communion of young Children was one , and the Article of retrenching the Cup was divided into three others , thereby to multiply them , and that they might not be necessitated to resume a Controversie which had already been decided , for one point omitted or forgot .

Thirteenth Session the eleventh of October . 1551 The eleventh of October the Session was held with the usual Ceremonies . Mass was said by the Bishop of Majorca , and the Sermon Preached by the Archbishop of Torne . Then were read the Decree , the Chapters of Doctrine , the Canons and the Anathema's for asserting the Real Presence , the Sacramental Manducation , Transubstantiation , the Concomitancy , the Adoration of the Sacrament , the Reservation of the Kinds , the Necessity of Confession , and the other points that were opposed by the Lutherans and Protestants . The Decree of Reformation began with a grave Exhortation to Bishops to use their Jurisdiction moderately , then it ordained that it should not be lawfull to Appeal from the Judgment of Bishops before Definitive Sentence . That when there is place for an Appeal , and that the Pope shall grant Commission in partibus , that is on the Places , that none shall be Commissionated but the Metropolitan or his great Vicar , and if they be suspected , that none can be Commissionated but neighbouring Bishops . To lessen the difficulty of Degradations , it ordained that one Bishop with as many Abbots as the Canons required Bishops , might Degrade Clerks . To satisfie the Bishops as to Exemptions , it ordained that the Bishops might Judge of these Exemptions and of Favours obtained upon false Suggestions , and annull them in quality of Subdelegates of the holy See . But the Council reserved to the Pope the Cognisance of greater Causes , and that the Causes of Bishops , wherein the nature of the crime required Personal appearance should be brought before the Pope and be determined by him . In the same Decree of Reformation there were some other Regulations that tended a little to the satisfaction of the Bishops , that they might the more casily bear the Yoke of the Church of Rome : but in all those places where any thing of Authority was granted them , they had no power to act but in quality of the Delegates of the holy See . After that a Decree for deferring the Article of the Cup , and the Safe-conduct which the Council granted the Protestants , were publickly read .

The Ambassadours of the Electour of Brandenburg a Protestant Prince appear at the Council . At the same Session appeared Christopher Strasfen and John Hofman Ambassadours from Joachim Electour of Brandenburg a Protestant Prince . Christopher Strasfen one of the Ambassadours made a long speech , wherein in very civil but general terms he assured the Fathers of the Council of the respect his Master had for them , and mentioned nothing at all of the matter of Religion . The Council made answer by their Promooter , and amongst other things told him , that with much Joy the Fathers had heard from his mouth , that that Prince submitted to the Council , and promised to obey its Decrees : In the mean while , the Ambassadour had said no such thing , but they thought they had gained a great point , in so interpreting the Complements and civil Expressions that the Ambassadour had made use of . All men made observations upon the Conduct of the Electour and the Council . It was easily perceived that the Electour intended to observe the best measures he could with the Council , that the Court of Rome might not cross the Election of his Son Frederick to the Archbishoprick of Magdebourg , which had been made by the Chapter ; but the prudence of the Council was much more admired who had so dextrously turned the sense of the Electour's Complements to an engagement of submission . According to the intimation that was made to the Abbot of Bellosana , they intended to have given an answer to the King of France , but no Abbot appeared , he returned by order of his Master immediately after he had made his Protestation . It was not the mind of the Court of France that the Ambassadour should expect the Session to enter into a debate which could not in the conclusion but be of troublesome consequence , since the Pope and Spaniards who were the Parties in that affair , must also have been the Judges . The Apparitours made a Proclamation at the Church-door that if any one was there for the most Christian King , he should appear ; but though no man appeared , yet the answer was read , which contained Complaints of the King's proceedings , and Protestations on the part of the Council ; that they wore not assembled upon any private interest , but for the general good of all Christendom , and the extirpation of Heresies ; after all , they prayed him to send his Prelates to the Council , not to make use of any other means , but to think of his Name of the most Christian King , and to sacrifice his particular Quarrels to the general good of Christendom .

The Decrees of the Session were forthwith printed , and all People reflected upon them according to their several Passions and Interests . The Protestants failed not to observe a contradiction betwixt the first Chapter of Doctrine , and the sourth with the second Canon . In the first Chapter the Council saith , that hardly can one express the manner of the Real Presence of Jesus Christ in the Eucharist , and in the sourth Chapter it saith , that that manner hath been convenienter & proprie called Transubstantiation , and in the second Canon the Council saith , that it is ap●issime called so ; it was likewise thought that the Council had made use of a kind of an improper and incommodious expression as to the point of Consecration ; because it says that Jesus Christ after the Benediction declared , that that which he gave was his Real Body ; which seems to insinuate that the change was made by the Benediction , so that these words , This is my Body , could be no more but a Declaration of the change that was made , when the Bread was blest . Now that would overthrow the universal belief of the Church of Rome , that the change is made by these words , hoc est corpus meum , which were not pronounced but in the distribution of the Bread , and sometime after the Benediction . The Priests were very ill satisfied that their Yoke was made heavier , by enlarging the Authority of the Bishops over them : but above all others , the Protestants were dissatisfied at the Decree which was made to delay the examination of the point of the Cup in their Favour . Because that supposed that they had consented to admit of all the other Decrees of the Council of Trent , and that they onely dissented about this ; whereas they had always demanded that they should all be reviewed . Nor were they satisfied neither with the Safe-conduct , suspecting it to be a Cheat all over , but chiefly the limitation that was in it in these words , in as much as belongs to the Council . They looked upon that as a Back-door that the Pope had reserved to himself , in case he intended to use violence . And therefore without concerting together any resolution , they gave about by word of Mouth one from another , That they ought not to accept of any Safe-conduct but in the Form that was granted to the Bohemians by the Council of Basil ; that is to say , that it should be absolute without any Reservation , that the Council should engage in writing to decide the Controversies by the Scripture : and concluded that if this were denied them , they should have good reason to recall the promise that they had made to the Emperour of going and submitting to the Council .

The point of Penance is chosen for the next Session . The day following a general Congregation was held for adjusting the point of Penance , which was to be handled and decided in the next Session . It was moved in the first place , that the Divines had transgressed the Laws that had been prescribed to them for their Disputations ; that they had not avoided the Quirks of the School and nice Questions , which had produced scandalous Debates . Therefore the Order was renewed for obliging the Divines to prove their Propositions by Scripture , the Fathers , the Tradition of the Church , Councils , and the Decisions of Popes . But that took as little effect as the rest of the Orders of that nature , and particularly of confining the Disputants to a certain time , that they should not be tedious in their Discourses . They who were deputed to make the Abstracts drew twelve Articles out of the Books of Luther concerning Penance , and four about Extreme Unction , which were delivered to the Divines , and submitted to their Censure ▪ For preventing of quarrels that might arise amongst the Divines , the Council regulated the Order wherein every one of them should speak : the Pope's Divines were to speak first , then those of the Emperour , and next the Divines of Louvain , after them the Divines of the Queen of Hungary , then those of the Electours in the Order of the Precedency of their Princes , the Secular Priests according to the Order of their Promotion , and last of all the Monks or Regulars , one after another , according to the dignity of their Orders . It was also ordained that the Congregations should be held twice a day , in the Morning and Afternoon . Afterward there was a Collection made of fifteen Articles concerning Reformation to employ the Congregations of the Canonists . The Nuncio Bishop of Verona had the charge of presiding in the Congregation of Doctrine , and the Archbishop of Siponto the other Nuncio in that of Reformation . Whilst these things were carried on at Trent , the Pope renewed his Instances with the Switzers to perswade them to send their Divines to the Council , and the King of France disswaded them by his Ambassadour Morlay , wherein he succeeded , by the help and assistance of Vergerio who had formerly been the Pope's Nuncio , and was then a Minister in the Countrey of the Grisons . And so neither Catholicks nor Protestants sent to the Council , nay the Grisons recalled Thomans Plante Bishop of Coira , who was at Trent .

In the following Congregations the matters that had been proposed were examined ; the Order that had been made concerning the way of examination , and the trouble that they had put themselves to to mark the Heads from whence the Proofs were to be taken , served for no other end but to multiply discourse , and render the disputes more ridiculous . The School-way came still in play , and because at the same time they would obey the Regulation that ordered them to draw their Proofs from Scripture ; the Divines puzled themselves to find them out , but they applied the Texts in a sense quite different from the true , and at every turn put them to the Rack . For instance as to the point of Confession , there was not a place in the Psalms or any where else in Scripture where the words Confess and Confession did occur , but what they interpreted in favour of Auricular Confession ; and this was the Head they laid greatest stress upon . Several Figures of the Old Testament were made to authorise this Confession ; and a prodigious number of Miracles were alledged , both Ancient and Modern , which has been wrought , either in favour of the Votaries of Confession , or against those that slighted it . In sine , one may safely say , that the disputes about this subject wanted both judgment and choice , and were ever now and then childish and insipid . The disputes being ended , the Decree which is to be seen in the Acts of the Council , was made : and that contained nine Chapters about Penance , and three concerning Extreme Unction . The first Chapter treats of the necessity and institution of the Sacrament of Penance ; the second , of the difference betwixt the Sacrament of Baptism and that of Penance ; the third , of the parts and fruits of that Sacrament ; the fourth of Contrition ; the fifth of Confession ; the sixth of the Minister of that Sacrament ; the seventh of Cases reserved ; the eighth of the necessity and benefit of Satisfaction ; and the ninth of the works of Satisfaction . As to Extreme Unction , the first Chapter speaks of the institution of that Sacrament : the second of its effect , and the third of the minister thereof . To these were added fifteen Canons as to the matter of Penance , and four about Extreme Unction . They could not meet with the same good luck , nor use the same art about this matter , as they had found in the former Sessions , that is , Opposition of the Divines as to the Decrees that concern Penance , the President takes no notice of it . so to frame the Decrees and Canons as to satisfie all the different Parties , and make them find their own opinions in them . The Divines of Louvain opposed the Chapter and Canon which appointed a Reservation of certain Cases ; as pensations should be of no force . The Bishops also complained that Titular Bishops with a Privilege obtained from the Court of Rome , retired into Places out of the Bishop's Jurisdictions , and there conferred Orders on all that demanded them , who could not have otherways obtained them because of their insufficiency . This was also prohibited , but without making the least mention of the Pope who had granted those Privileges . There was another great abuse in the Exercise of Ecclesiastick Jurisdiction , and that is , when a man was accused before the Bishop's Tribunal , he appealed to Rome , and by means of money obtained a Judge at his own option , to whom Power was given to protect and defend him , and to put a stop to all Prosecutions against him : and this protection was extended even to the Domestick Servants of the Party accused ; those Judges were called Conservatours , and these Exemptions , Conservatory Privileges , the Judges Conservatours being many times the Bishops Persecutours . That abuse was somewhat moderated , but not wholly extirpated ; for it was indeed , enacted that notwithstanding these Conservatory Privileges a man might be sued before the Ordinaries , especially in criminal Cases : but Universities , Colleges , Hospitals and Convents were expresly excepted . The Bishops cried out mightily against that Exception , because it was far more comprehensive than the Rule . But nothing could be obtained , because for the Grandure of the Court of Rome , the Pope would have the Monks and Universities depend immediately on the holy See ; and the Legate received Orders from Rome not to yeild the least in that point ; so that the Party of the Court of Rome being the more numerous , the rest were fain to give way , and take good words for payment . It being a grievance that , contrary to the ancient Canons , Dispensations were granted to wilfull Murtherers to enter into holy Orders ; that was prohibited in the seventh Chapter . There were also some other regulations made , against the various ways that Criminals took to avoid Episcopal Correction : against Bishops who by Power from the Pope exercised Jurisdiction out of their Dioceses : against the abuse of annexing a Church in one Diocese , to another Church in another , which gave liberty to a Bishop to exercise Jurisdiction in the Diocese of another Bishop ; and in fine , against the abuse of the Right of Patronage . The spring-head of all these abuses was the Court of Rome , the ancient Canons being clearly against these Corruptions and bad Customs , but Dispensations evacuated the Force of Canons : the Bishops were therefore for having it decreed that the Court of Rome should not give Dispensations contrary to the Canons ; but they could never obtain it . So that in the whole there was no disorder remedied , because the Legate , and the Nuncio's would by no means suffer the Pope to be named , nor that even the Names of the great Penitentiary and other Ministers of the Chancery should enter into any of the Decrees . Now it is an undoubted Maxime amongst the Canonists , that in all Laws wherein the Pope is not expresly named , all that is enacted can be no way prejudicial to his Authority . Insomuch that the Decrees deprived not the Pope of the Power of giving Dispensations in any Cases , but served onely to enhaunce the value of Dispensations , and to enrich the Chancery . The Monks made great instances for obtaining the abolition of Commendums ; but it was thought sufficient to ordain that Benefices which were not as yet in Commendum , when they came to be vacant , should onely be given in Title , and to the Religious of the same Order ; and thus the Number of Commendums was not lessened , but care taken that they should not encrease .

The Ambassadours of the Duke of Wirtemberg come to Trent , and cannot have Audience . Whilst these matters were on foot in the Congregations John Thierry Pleningher , and John Heclin Ambassadours of the Duke of Wirtemberg came to the Council . They applied themselves to the Count of Montfort the Emperour's Ambassadour , that they might have Audience of the Council . The Count acquainted the Legate with it , who told him that it was the Custome of other Ambassadours to impart their Instructions to the Presidents of the Council , and that these of Wirtemberg ought to have done so ; that they should address themselves to him , and that he would receive them with all imaginable Civility . The Ambassadours refused to doe that , because one of the Articles which they had to demand was , that the Pope should not preside in the Council , and therefore they could not address themselves to his Legates as Presidents . The Legate having received that answer , wrote immediately to Rome for instructions . It is easie to imagine what the instructions were ; and indeed they had Orders not to abate a hair in that point , but to hazard all , and even to break up the Council according to the Power they had , if they thought in necessary , rather than to suffer the least diminution of the Authority of the holy See . About that time the Emperour came to Inspruck , which is but a few days Journey from Trent , that he might observe the actions of the Council at a nearer distance . This gave the Pope some umbrage , who would have no other Master over the Council but himself ; however he dissembled his displeasure .

25. November . 1551. At length the day prefixed for the Session came , which was the five and twentieth of November 1551. And this Session in the collection of the Decrees is reckoned the fourteenth . Therein were published the Decrees and Canons which we have mentioned , concerning Penance , Extreme Unction , and the Reformation in favour of Episcopal Jurisdiction . The Legate did what he could to hinder the Impression of these Decrees , and indeed , they were not printed at Ripa where the Printing-house of the Council was ; but they had Manuscripts of them in Germany , which were quickly printed , and every one after the usual manner , took the liberty to exercise their Talent in censuring of them .

Next day after the Session , the Presidents called a General Congregation to advise about the matters that were to be handled in the following Session ; and the Points of the Sacrifice of the Mass , and the Communion in both kinds were proposed . In the following Congregations , after the points had been discussed , four Chapters of Doctrines were made , and thirteen Anathema's ; but because they signified nothing , and were not published , as will appear hereafter , it is to no purpose to reckon them up at length . In the Congregations that were held after Christmass , they treated also of the Sacrament of Orders , concerning which twelve Articles , drawn out of the Books of the Lutherans , were proposed , and after many Conferences four Chapters of Doctrine , and eight Canons with Anathema's past upon them ; but neither were they published . We shall therefore refer the treating of these Points to the History of the third Convocation of the Council , under Pius IV.

The Council will not hear the Protestants , though the Emperour had past his word that they should . The Ambassadours of the Duke of Wirtemberg wrote to their Master , to give him an account of the Difficulties they met with , and to know what he intended they should doe . He wrote back to them again that they should manage the business as well as they could , but what e'er came on 't that they should find out a way to propose their Doctrine . They thereupon applied themselves to the Cardinal of Trent in the absence of Count Montfort the Emperour's Ambassadour , and gave him a Breviate of their Commission , which imported that they should endeavour to obtain a Safe-conduct in ampler Form than that which had been given , and which should in all things agree with that of the Council of Basil , that afterward they should propose and defend their Doctrine . The Cardinal acquainted the Legate with this ; who without any hesitation made answer , That the Lutherans should not be heard , that Abstracts of their Books should be made as had been hitherto done , and that they should proceed to Judgment thereupon ; that if they humbly desired instruction , it should be given them ; that he would not suffer an ace of this to be abated ; and that for the matter of the Safe-conduct it was an intolerable affront to the Council , not to trust to their word . This was down right contrary to the Emperour 's positive promise which he gave to the Protestants , that they should be heard , and that they should have all imaginable Security . And therefore the Cardinal thought not fit to tell the Ambassadours of Wirtemberg that answer . He thought it enough to acquaint them that the Legate was angry that they should offer to begin by proposing their Doctrine , as if they would give the Law to those from whom they were to receive it , that they must have patience for some days till the Legate's anger was over , and begin with some other Article , but not that . The Emperour's Ambassadour moved the Legate also upon the same subject , but finding nothing to be done with him as to that particular , he devised several pretexts to amuse the Protestant Ambassadours , and to spin out the time , till he might fall upon some Expedient to save his Master's honour , who had so positively past his word , which was so little regarded by the Council . Stratsburg and five other Protestant Towns sent likewise their Ambassadours to Trent , who were stopt by the same Difficulties . So the Emperour's Ambassadour gave advice to his Master that the Council would not hear the Protestants , contrary to the promise that he had made them : whereupon the Emperour sent him Orders that he should stop the Protestant Ambassadours and make them stay a little ; that the Ambassadours of Saxony were speedily to be at Inspruck , and that he would advise with them about means to procure them satisfaction ▪ About the same time Maximilian the Son of Ferdinand King of the Romans past through Trent , and the Protestants made their grievances known to him ; he exhorted them to patience , and promised them to treat with the Emperour his Uncle , that what he had assured them of should be accomplished .

The Pope who knew very well that there was a considerable party forming against him , and did not think the Cardinals so true to his cause , because all of them had already espoused the interests of foreign Princes , at Christmass 1551 , at one dash created fourteen Cardinals all Italians : he named thirteen , and reserved the fourteenth in petto , and that was the Bishop of Siponto one of his Nuncio's at the Council .

And now , from all parts nothing was heard but Rumours of War , Soldiers were raised under several Pretexts throughout all Germany . The Protestant Princes who had been constrained to promise that they would submit to the Council , bestirred themselves to get loose from their Engagement . The Emperour had likewise exercised in all places great Severities to oblige the Princes and Towns , to receive the interim : all Germany groaned under the Yoke of Charles his Power , and longed to shake it off . On the other side the King of France fomented the Divisions ; so that a furious storm began to gather , and the Fathers of the Council of Trent took the Alarm ; though the Emperour endeavoured what he could to encourage them ; he told them that the Ambassadours of the Electour of Saxony of whom the greatest talk was , were then with him at Inspruck on their way to Trent , and that he would omit nothing that might contribute to the security of the Council .

The Ambassadours of Saxony come to the Council , and speak higher than the rest . The seventh of January the Ambassadours of the Duke of Saxony arrived at the Council . Maurice their Master had not the least intention to submit to it , but that he might lull the Emperour asleep whilst he was cutting out work for him , he sent his Ambassadours to Trent , who were Wolf Coller , and Leonard Badehorn . These Ambassadours spoke in a higher strain than the rest , as well knowing that their Master would quickly be in a condition to make the best of them afraid of him . They had Conference with the Emperour's Ambassadours , and declared to them that their Master expected a Safe-conduct in the form of that of Basil . They demanded that a stop might be made to all proceedings in Council untill the arrival of the Protestant Divines , who were but forty Leagues off , waiting onely for a Safe-conduct ; that the Decrees which had past , should be examined again anew ; that the Pope should not preside in the Council ; that the Votes should be free , and that the Bishops should be absolved from their Oath to the Pope . Afterwards the Ambassadours made their Complements to the Electours , and to the Cardinal of Trent , and discoursed every thing with them ; but they would have no Conference with the Legate , because they refused to acknowledge him for President of the Council . The Emperour's Ambassadours according to their Orders used those of Saxony very civilly , because they began to have some Apprehensions of their Master ; but the Legate observed no measures with them , no more than they did with him . He made answer that they should have no other Safe-conduct ; that the Council should give publick audience to these Ambassadours , and the other Protestants , seeing it had been promised them by the Emperour ; but that first of all they must own the Legate and Nuncio's for lawfull Presidents , and that for the other demands , that the Pope should not preside in the Council , and that the Bishops should be freed from the Oath of Fidelity , that they had taken to him ; they were so insolent and bordered so near upon blasphemy , that they would sooner lose their Lives than suffer any such thing ; rather dissolve the Council , and use the utmost rigours . The Emperour who perceived that this Conduct tended to an irreparable breach , and that that would give a lawfull Pretext to the Duke of Saxony to provide for his own Security by way of Arms , gave Orders to his Ambassadours , and to the Cardinal of Trent to Employ both Entreaties and the Threats of the Imperial Authority to bring the Legate to a milder way of answering . They so handled the matter that at length the Legate abated somewhat of his height . He condescended to give the Ambassadours an audience in a General Congregation to be held in his Palace , that all the proceedings of Council should be superseded , and as to the business of the Safe-conduct , it should be referred to the pleasure of the Fathers . A Congregation was thereupon held , wherein the point of superseding the proceedings of the Council , past without difficulty : but the matter of the Safe-conduct suffered more Debate ; but in fine , the Authority of the Emperour , of the three Electours , and Cardinal of Trent , so far prevailed , that they resolved to grant them one in ampler form . The likewise resolved to give the Protestant Ambassadours an audience in a General Congregation ▪ But here , Peter Taillevoy Archbishop of Palermo started a difficulty about the place of the Ambassadours to whom they were to give Audience . He said that if they were treated according to their Character of Hereticks , the Council could give them no place of honour , and that they must hear them as Criminals ; but that in so doing all would be lost , because they would not endure to be heard as Delinquents , but would immediately withdraw ; and on the other side , if they did otherways , it would prove a prejudice to the Church . To get out of this strait it was resolved , according to the overture proposed by the Bishop of Namburg , that they should give the Protestants places of honour , making first a Protestation that it was done out of Charity and Compassion , which are motives above the Law . The four and twentieth of January was therefore appointed for the General Congregation , wherein Audience was to be given to the Ambassadours of Saxony : and the Council named deputies who with the Bishop of Siponto one of the Nuncio's were to draw up the Safe-conduct . The Emperour's Ambassadours desired to have the minute of it , that they might communicate the same to the Protestants , and that it might be altered , if need were , before it should be published .

A rough draught of the Safe-conduct being drawn , and given to the Emperour's Ambassadours , they sent for the Protestants , made them a long Speech in praise of the Fathers of the Council , whose goodness , clemency , and condescension so much appeared by what they granted in their favour , telling them that on the other hand , they ought to submit and carry it prudently . That as to the demand they made that the Pope should submit to the Council , it ought to be proposed with great circumspection , that the Divines were to be expected , and that they themselves had great matters to propose as to that particular on the Emperour's part , so soon as the Overture should be made by the Protestants ; that the Fathers of the Council themselves were very sensible , that the greatness of the Pope ought to be lessened : but that it ought to be set about warily , and not in that brisk manner as the Protestants designed . In fine , they shew'd them the Safe-conduct , which did not please them ; because it was not in the form of that of Basil : which had granted the Bohemians four things that they also demanded . 1. That they should have a decisive Vote in the Council . 2. That matters should be there decided by the Scriptures , and Interpreters that agree with them . 3. That they should have Exercise of their Religion in their own Houses during the Council . And lastly , that nothing should be done to disgrace and reproach their Doctrine ; they found fault likewise that the Council gave no security in name of the Pope , and of the College of Cardinals , as the Council of Basil had done . The Emperour's Ambassadours were angry that they were not satisfied with the Safe-conduct , which they had with so much trouble obtained : but they could not move the Protestants to yield , so that they promised to make a Report of the matter in the next Congregation . This , indeed , they did , but the Presidents and Prelates stood firm to their resolution not to alter any thing in the Safe-conduct , saying that it was false that the Council of Basil had granted the Deputies of Bohemia a decisive Vote ; that as to the Exercise of their Religion in their Houses , it was sufficiently expressed in the Safe-conduct , seeing it was not prohibited ; and that as to the fourth point , that nothing should be done to the Contempt of their Doctrine , care enough was taken as to that by the Terms of the Safe-conduct ; in a word they alledged that it was as ample as that of the Council of Basil . The Count of Montfort made a motion thereupon , that to take from the Protestants all occasion of cavilling , they should copy the Safe-conduct of Basil word for word , onely changing the Names . That Proposal broke the Presidents measures , they lookt at one another , as uncertain what to say ; till the Legate hit upon a ready expedient of referring the matter to the next Congregation . That was a fetch of a man of parts , for by this means the Presidents had time to solicite the Bishops vigorously to maintain the cause of God , for so they called the interest of the Pope , against the attempts of the Council of Basil , which the Pope and his Adherents did so detest , that they would not imitate any thing that had been done there . The Presidents of the Council obtained what they desired , and there was nothing altered in the Safe-conduct . At length the Congregation was held the four and twentieth of January for giving audience to the Protestants . At the opening of it the Legate made a speech , wherein he laid before them the importance of the affair that they were going to enter upon : and the Protestation that was framed upon occasion of the difficulty started by the Archbishop of Palermo concerning the places of the Protestant Ambassadours , being read , and ordered to be inserted into the Acts , the Ambassadours were introduced . Badehorn , for the Duke of Saxony , bowing to the Prelates , called them Reverendissimi & amplissimi Patres ; The Council gives audience to the Ambassadours of Saxony , who reiterate all their demands . he demanded that they would grant them a Safe-conduct in the form of that of Basil , that they would put a stop to all Synodal proceedings untill the arrival of their Divines , that they might be heard in the defence of their Doctrine ; that the Pope as being concerned might not be Judge in that cause ; that before all things , the Pope should be declared inferiour to the Council , that all things that had been handled in the former Sessions should be examined over again , because the number of Divines had been too small , and that the same thing should be done which was acted in the third Session of the Council of Basil , wherein all were declared free from the Oa●h of Allegiance which they had made to the Pope . This was onely said to amuse , and to gain time ; for they knew very well that nothing was to be obtained ; they gave their speech in writing , and then the Ambassadours of Wirtemberg were heard ; who spoke little , and demanded the same things . The Promooter of the Council answered them , that they might expect their answer in time and place convenient . After that , the Electours and Ambassadours withdrew .

Next day being the five and twentieth of January , 25 January 1552. A New Safe-conduct ampler than the former , is granted to the Protestants . the Session was held , wherein the Decree of delay and intermission of all Synodal proceedings in favour of the Protestants untill the nineteenth of March ensuing , was read ; The Safe-conduct was also read , and put into more ample form than the former . The Protestant Princes and all the rest of the same Party , were expresly named in it , and all security given them for coming to Trent , staying there , and returning back ; they had power allowed them to punish those of their Retinues as should commit any insolency at Trent , or on the rode . And if any should happen to doe them injury , the Council promised them all the Justice that they themselves should require . In fine , in case they should be obliged to withdraw from the Council , they should have twenty days allowed them to betake themselves to places of Safety . At the same time the Court of Rome sent new instructions to the Presidents to hasten as much as they could the conclusion of the Council . And therefore during the intermission which had been granted to the Protestants , the Legate and Nuncio's caused matters to be prepared for the following Sessions , thinking that in two or three Sessions more , they might be able to dispatch what remained to be done .

The Pope was well informed of what had past at Trent betwixt the Emperour's Ministers and the Protestant Ambassadours , and how that they had in some measure given mutual promises to endeavour the diminution of the Papal Authority ; he knew likewise that the Spanish Prelates had much such another design ; so that beginning now to apprehend the Council and Germans , he resolved to trust the Emperour no longer , but to strike in with the King of France , and negotiated his treaty with Tournon the French Minister . The Protestants after the Session made a great bustle , because nothing had been altered in the Safe-conduct ; but the Emperour's Ambassadours told them that upon the main all that they demanded was in it , that all they stood upon was onely the form , which was not worth the minding ; though these reasons did not satisfie them , yet they accepted the Safe-conduct , but onely that they might send it to their Masters . In the mean time , the Presidents that they might hasten on the dissolution of the Council , as it had been ordered at Rome , held a General Congregation to frame Articles upon the Subject of Marriage , and in the following Congregations they proceeded so far as to frame Canons . The Protestants hereupon made a great noise , saying that they were made fools of , since contrary to the word that was given them , new Decisions were daily made : that when they had demanded a forbearance , it was not barely a forbearance of Sessions , which were but Ceremonies , but of all Synodal proceedings . The Emperour's Ministers seconded them , and endeavoured to obtain an intermission of all action , which the Presidents refused . But the Emperour sent an Agent to Trent to prevail with the Council to supersede giving him Orders to goe to Rome ; if he could obtain nothing at Trent , and to advance even to a Protestation against all that should be done ; that Protestation , wherewith the Council was threatned , put a stop to the Congregations , and a resolution was taken of forbearing all Synodal proceedings , till such time as the Council should think otherways . The Pope was fain to consent to this whether he would or not , and that incensed him the more against the Emperour . He wrote to Trent that that forbearance should not be extended beyond a few days , and that afterward they should fall again to action without any fear of danger .

To employ the Council , who in this time of intermission had nothing to doe , they held Stations during the Lent at Trent , as at Rome they did in the beginning of March . The Ministers of Saxony received Letters from their Master , who to amuse the Emperour wrote to them that they should make fresh instances to the Council , for obtaining what they had demanded , giving them to understand that within a few days he was to goe wait on the Emperour , to advise with him about the best means for carrying on their common designs . However this did not prevent a rumour that was quickly spread abroad of a League between the King of France and the Protestant Princes of Germany against the Emperour . And upon this Rumour the Electours of Cologne and Mentz parted from Trent , and past through Inspruck , where they had long and secret Conferences with the Emperour . The Ambassadours of Saxony not thinking themselves safe enough at Trent parted from thence likewise about the beginning of March , and returned home by different ways . Nevertheless the Protestant Divines under the Protection of their Safe-conducts came to Trent , four from Wirtemberg , and two from Stratsbourg . And now the nineteenth of March the day prefixed for holding the Session drawing near ; the Presidents instead of a Session called a General Congregation that day , wherein it was concluded that they should not too hastily give an answer to the instances which the Ambassadours of Wirtemberg sued for ; and therefore they prorogued the Session to the first of May. At the same time the Ambassadour of Portugal arrived , and made and received the usual Complements in that Congregation . The Protestants pressed daily for an answer , and that the Council would fall to their proceedings again , because their Divines were come ; but the Presidents waved all their instances : so that in a few days the countenance of affairs was much altered ; but a little while before they would not defer any thing in favour of the Protestants ; and now they refused to proceed to business , though the Protestants earnestly urged it . The truth is , they would have very willingly continued the Synodal proceedings ; but they durst not , because they had no mind to hear the Protestants nor to give them any answer , as had been promised ; and therefore they daily found out some new reason for delay . At length they had a very plausible pretext , which was the sickness of the Legate Marcello Crescentio who on the five and twentieth of March was taken ill by a strange Accident . He had been busie all day till night in dispatching Letters for Rome , and rising from his seat to take a little breath , he thought he saw a prodigious great black Dog with flaming Eyes , and long hanging Ears coming streight towards him , which afterwards disappeared under the Table . This put him into a great fright ; but being come to himself again a little , he called his Servants who were in the Antichamber , and bid them beat out that black Dog ; but the Dog not being found , the fright cast him into a fit of sickness of which he never recovered ; his sickness served for a good pretext for the delays that were made in answering the Protestants : And besides , no sooner was one difficulty removed , but the Pope's Agents started another , because they were no less apprehensive of the Emperour and Imperialists , than they were of the Protestants , and they waited onely for a favourable occasion of breaking up the Council , which soon happened . The German Bishops were already gone upon the Rumour of a War , Maurice Duke of Saxony takes up Arms for the Liberty of Germany and of Religion . and there was but a small number of Prelates at Trent , and those too onely Spanish and Italian . At length the design of the Electour of Saxony broke out ; and Charles the V. that mighty Politician was out-shot in his own bow . The Electour with an Army of the Confederates , on the seventeenth of April , laid siege of Ausburg . In the last Diet of Germany Commissions had been given to Maurice Duke of Saxony to reduce the City of Magdeburg , declared rebel to the Empire because it had refused to accept of the Interim : upon that pretext he had received an Army , and that Army was at his Devotion ; this War was soon over , because the City of Magdeburg made their peace ; but the Duke of Saxony nevertheless continued to make secret Levies , whilst he gave it out that he would submit to the Council , sent his Ambassadours thither as we have seen , promised to wait on the Emperour , and set out on his Journey in order thereunto ; and all this to lull the Emperour asleep . But whilst he thus played his game with the Emperour , Albert Marquess of Brandenburg went secretly into France and made a Treaty with Henry the II. of France . Maurice in the mean while , about the beginning of the Spring brought into the Field the men whom he had raised during the Winter ; and then published a Manifesto addressed to all the States of the Empire , wherein he remonstrated that he had been amused with vain hopes of a Reformation , that notwithstanding severest rigours were used against the Protestants , particularly in banishing the Ministers of the Gospel . Secondly he complained of the detention of his Father-in-Law the Landgrave of Hesse who was kept Prisoner by the Emperour ; and in that particular accused the Emperour of breach of promise to him ; but he chiefly represented to the States of the Empire the Emperour's design , which was evident that he intended to render himself absolute Master of Germany ; and thereupon laid open all the Encroachments that had been made tending to that end . The Confederate Princes therefore , besieged the City of Ausburg , and took it in three days ; the news of this being brought to Trent , and that the Army advanced to Inspruck ; the Italians embarked upon the River of Adige and came by water to Verona ; so great was the Consternation at Trent , that the Presidents wrote immediately to Rome for a Bull to empower them to suspend the Council . The Pope who had treated with the King of France , and regarded the Emperour no more , made no scruple of sending to the Nuncio's the Bull which they desired , but withall ordered them to keep it secret . The Nuncio's having received the Bull , advised with the Prelates and Ambassadours , what was fittest to be done in the present Juncture . 28. April 1552. The Council is suspended because of the War in Germany . The Emperour's Ministers according to their Master's intentions were for staying ; but the Bishops who were smitten with fear , were not of that opinion , but concluded that the Council must be adjourned ; so that the Nuncio's Presidents finding it unsafe to stay till the first of May , the day appointed for the Session , did anticipate it by two days ; it was therefore held the twenty eighth of April , where there was but a small appearance , most part being gone before ; few Ceremonies were used , and those in a hurry : the Decree of Suspension for two Years because of the troubles of Germany , and for longer time if the troubles were not by that time over , was publickly read ; whereby it was likewise ordained , that so soon as the troubles ceased , without any necessity of a new Convocation , the Prelates should reassemble at Trent , and that all that had been hitherto decided should be religiously observed . The Spaniards opposed this Suspension , and protested against the Act that past thereupon ; but for all their Protestation , they marched off with the rest . Rome is jealous of the smallest matter that may seem to entrench upon the Papal Authority ; and therefore the Pope was very ill satisfied with the Presidents , that in the Conclusion of the Decree , the observation of the things that had been already decided in the Council , was strictly enjoyned , without expecting the Confirmation of the holy See . At that time the Court of Rome judged it a matter of highest importance to doe any thing that might give ground to imagine that the Council and its Decrees had any Power and Force , but what they derived from the Authority of the Pope .

The Emperour now at last received great blows all of a sudden . He saw in a moment all the great hopes defeated which he had conceived of raising the Grandure of his Family upon the Ruines of the Protestants , and the Depression of the Authority of the Pope , by means of a Council . The Pope turned his back upon him , all the Protestants of Germany revolted from him , and shook off the Yoke of that absolute Dominion that he endeavoured to lay upon them ; his design was to have rendered the Empire hereditary to his Family , and to retain for his Posterity those great Dignities and Territories which he had united in his own Person . It is true , that he could not hinder his Brother Ferdinand from succeeding to him in the Empire , seeing he was already King of the Romans . Nevertheless some Historians do say , that he had desired of Ferdinand a resignation of the Dignity of King of the Romans in favour of his Son Philip ; but that Ferdinand after he had well thought on 't , would not make that resignation . At least Charles used his endeavours that his Son Philip should succeed to Ferdinand . These great designs and hopes vanished all at once . Maurice pressed him to grant liberty of Religion in Germany : Ferdinand who had prospects of interest contrary to those of his Brother , being Kind to the Protestants had endeavoured to encline the Emperour to peace ; but all his attempts were successless . And therefore Maurice having in vain essayed all ways of accommodation by the mediation of Ferdinand , at last betook himself to the way of Arms : the Confederates having taken Ausbourg and the Fort of Eremberg ; drew near Inspruck where the Emperour was , which put the whole Imperial Court into such a terrour , that the Emperour fled by night , and retired into Carinthia in mighty disorder . Before he left Inspruck he set at liberty Frederick of Saxony after he had been several Years Prisoner . And that Prince followed the Emperour a long time in hopes of being again restored by him to his Electourship . Maurice arrived the same night at Inspruck , and did no injury to the House of Frederick nor to the Towns-people ; but he plundered the Emperour and all his Court. At length in August following the peace was concluded at Passau ; the Landgrave of Hesse was enlarged , liberty of Conscience granted to all , the banished Ministers recalled , and the Interim was abolished .

THE HISTORY OF THE Council of TRENT . BOOK V.
JULIUS III.

THE Pope finding himself eased of a Burthen that had lain heavy upon him , by the breaking up of the Council , resolved with himself to keep out of the Briars , The Pope has enough of Councils , neither does the Emperour care for them . and not to run into such straits again . Nevertheless to perswade the world that he was concerned at that Rupture , or rather to convince them what a useless thing a Council was , he himself undertook the Reformation of the Church ; and for that end appointed a numerous Congregation of Cardinals ; but this , as all the other designs of Reformation , presently vanished ; it produced nothing but a great many Debates ; so that within a few Months it was wholly laid aside . Nor was there any more talk of reassembling the Council , which was at this time interrupted for almost ten Years . Charles the V. who had been the great stickler for the Convocation of the Council , had not now the same interests to prompt him ; his main design was the greatness of his Family , and he had made it his business to render the Empire hereditary , as the Kingdom of Spain and his other Dominions were . He thought to have accomplished his ends by depressing the Protestant Princes and the Pope , and that the Council of Trent was the fittest instrument for that purpose . And , indeed , this Emperour had got so great an Ascendant over the minds of all of his Family , that he could perswade them to any thing , even contrary to their own interests ; his Brother Ferdinand was King of the Romans , and by consequence apparent Emperour : and he had prevailed with him that the Empire should be shared betwixt him and his Son Philip , as the Antonins had done heretofore . Mary Queen of Hungary their Sister who was wholly at Charles his Devotion for reasons , perhaps , not fit to be named , had perswaded Ferdinand to admit of that partnership ; but Maximilian , Ferdinand's Son , perceiving that by that design he was like to be frustrated of the hopes of succeeding his Father in the Empire , defeated all the intrigues . So that the Prospects of Charles being at an end with his hopes ; the Council was no more in his thoughts , and Julius cared far less for it than he . It is true , the Rupture of the Council , and the peace of Passau had quite exstinguished the Pope's hopes of ever seeing the revolted Germans reduced again to the obedience of the holy See . But to comfort himself for the loss of the Germans , he drew from a remote Corner of the World , I know not what , a kind of subjects who submitted themselves to the Authority of his See . Sultacan who call'd himself Patriarch of the People which inhabit betwixt Euphrates and the Indies , comes to Rome to render homage to the Pope . The same course had been taken by Pope Eugenius IV. who whilst they were undermining the Foundations of his Dominions in the Council of Basil , on the other hand fed his vanity , and underpropt his tottering Dignity by the vain homages of the Greeks , who in the Council of Florence came to submit to him , and by a counterfeit Pomp of pretended Armenians who desired instruction from him : this is a kind of Comedy that takes mightily at Rome . Paul III. during his Pontificate had also with great Solemnity and Ceremonies received the homages of one Stephen , who had taken the name of Patriarch of Armenia the greater , and who came to Rome attended by an Archbishop and two Bishops , upon design of recognising the Pope for head of the Church ; and now under Julius a certain man named Simon Sultacan who called himself Patriarch of all the People that inhabit betwixt the River Euphrates and the Indies , came to demand the Confirmation of his Patriarchship from the Pope , as from the Vicar of Jesus Christ . The Pope made him a Bishop , and then gave him the Patriarchal Pall ; that happy accident was loudly proclaimed abroad , and the great encrease that the holy See received by the submission of so many People who owned its Authority , was made a matter of great triumph ; but to these Apparitions of Grandure , there succeeded somewhat more substantial for the Glory of the See of Rome . Edward VI. King of England died the sixth of July 1553. His Father Henry VIII . had shaken off the Yoke of the Pope's Power without any innovation in Religion : Edward King of England dies , his Sister Mary succeeds to him , and restores the Catholick Religion . 1553. And Edward under the Regence of the Duke of Sommerset had compleated what his Father began , and introduced a Reformation into the Church of England . But he lived not long enough to establish and confirm that great Work ; by his last Will he had disinherited his two Sisters Mary and Elizabeth the Daughters of his Father Henry ; the former Daughter of Catharine of Aragon who was divorced , and the second Daughter of Anne Bullen , whom Henry had caused to be beheaded . He had appointed the Lady Jane Gray his Cosin and Daughter to a Sister of Henry to be Heir of the Crown . Jane was proclaimed Queen ; but her Reign was of short continuance , and cost her her Life . Mary was advanced to the Crown , both by the Privilege of her Birth , and by the Will of her Father , who had appointed that if Edward should die without Children , Mary should succeed , and that Elizabeth should succeed to Mary . Mary being in the Throne , pretended at first that she would alter nothing in Religion , though she professed herself to be a Catholick ; but great hopes were conceived at Rome , that this Queen might be usefull in reducing that Kingdom to its ancient Obedience : And therefore Julius presently named Cardinal Pool for the Legation of England . But the Cardinal durst not undertake the Journey without great Circumspection , because he had been banished the Kingdom , and degraded of his honour : and therefore he wrote to the Queen , and negotiated his return by Giovanni Francisco Commendone ; and having received a favourable answer he set out on his Journey .

The Parliament of England being called , declared the Marriage of Henry VIII . with Catharine of Aragon the Queens Mother , valid , and by consequence pronounced the Divorce unlawfull . And the Acts made in the Reign of Edward were Repealed , and Religion reinstated in the same condition it was in when Henry died . The confirmation of the Marriage of Henry was a great step towards an accommodation with Rome , seeing the Marriage of Henry and Catharine could not be declared lawfull , without admitting the Dispensation of Julius II. who had dispensed with Henry to Marry his Brother's Widow . So that the Parliament by that procedure owned that the Pope has Power to dispence with the Laws of God , and by consequence acknowledged him Head of the Church . A motion was made of Marrying the Queen who was already forty years old , and three Matches were proposed ; Cardinal Pool who was of the Bloud Royal ; the Lord Courtenay Cozin to Henry VIII and Philip Prince of Spain . Mary chose Philip : and the Emperour fearing lest Cardinal Pool who had been his Son's Competitor might by his presence cross his Marriage with Mary , did all he could not make him delay his Journey , and not being able to perswade him , sent Don Diego de Mendoza to stop him in the Palatinate by Force and Authority . The Cardinal complained of this , as of an action that did violate the Majesty of the holy See , and an affront done to the Pope and his Legates : So that Charles having detained him sometime , was forced to give him his liberty , and sent him to Brussels . But he found a means to amuse him in Brabant , under colour of engaging him in a negotiation of Peace betwixt the King of France and himself , untill the Marriage was accomplished . In the beginning of the year , 1554. The Emperour sent four Ambassadours into England for concluding the Treaty betwixt the Queen of England , his Son and himself . Mary , in the mean while , who with much prudence went gradually on in the re-establishment of Religion , made new Proclamations ; restored the use of the Latin Tongue in Divine Service , renounced the Supremacy in the Church , gave it back to the Pope , and so annulled the Acts of her Father . The matter was brought before the Parliament ; where it met with opposition amongst the Lords because of the Church Lands possessed by the Nobles , which they must be obliged to give back again . So that the Pope's Supremacy past not at that time . Prince Philip that he might not seem inferiour to Mary in Dignity , took the Title of King of Naples , and consummated his Marriage at London the twenty fifth of July , being St. James his day the Patron of Spain . The Parliament met again in the month of November following , and Cardinal Pool was therein restored to all his rights and honours . Two Members of Parliament were sent to bring him over into England , and he arrived at London the twenty third of November , with the Silver Cross carried before him . Being brought into the House of Lords , where the King and Queen were present , he made a Speech to that Illustrious Assembly , thanking them for the favour they had done him in restoring him to his Honours and Countrey . He earnestly exhorted them to return again to the obedience of the holy See , wherein he prevailed , and the Ceremony of Reconciliation was performed the last day of November ; for the Authority of the King and Queen had obliged all the dissatisfied Members to silence , which silence was taken as a consent . The Queen caused a Petition to be framed wherein the Parliament begg'd Pardon of the Pope , for having withdrawn themselves from under his obedience . This Petition was presented to the King and Queen , who rising immediately from their Chairs of State , went to the Legate and besought him to grant the Parliament the Pardon which they begg'd . The Legate standing up , and all the Members of Parliament kneeling before him , made a Speech concerning the Joy that the repentance of sinners causes in Heaven ; and then having prayed over them he gave them absolution . The Members rose up , and the whole Parliament went in body to the Church where Te Deum was Sung . Next day three Ambassadours were named to goe render homage to the Pope in name of the whole Nation : and this success caused so great Joy at Rome , that the Pope proclaimed a Jubile the twenty fourth of December , to render thanks to God for so great a blessing . The Parliament of England sitting till the middle of the next year , Philip and Mary got all the Ancient Laws against Here-ticks to be revived . All Acts to the contrary made in the time of Henry , and his Son Edward were Repealed : and afterward the rigour of the Laws that were now again in force , was put in execution against the Protestants . One hundred threescore and sixteen persons of Quality besides inferiour people , were by Mary's Order that year put to death : amongst whom Cranmer Archbishop of Canterbury and the rest of the Bishops who had been the Authors of the Reformation were burnt . It was put to their choice either to dye or to recant , but none of them would save their Lives by a Recantation . This persecution extended to the very Graves , and the ashes of the dead ; the bodies of Bucer and Paulus Fagius , who had been dead some four years , were taken up and burnt . So that the Protestants went to pot in all places : for at the same time Henry the II. caused a great many of the reformed Religion to be burnt in France , not so much out of Zeal , as to satisfie the insatiable avarice of Diana of Poictiers Dutchess of Valentinois his Mistress , to whom he had given the forfeitures of all that should be condemned for Heresie . On the other hand Ferdinand King of the Romans published an Edict , whereby he strictly charged all his Subjects not to make any innovation in matters of Religion , and banished above two hundred Ministers out of Bohemia . Several of his most considerable Nobility prayed him , that he would at least permit the use of the Cup ; but he refused it , and caused a Catechism to be made , according to which all School masters should instruct their Scholars : But this Edict did not altogether please the Pope , who complained that a Prince should have undertaken to make a Formulary of Faith .

The same year being 1555. a Diet was called at Ausbourg for composing the troubles of Religion . Ferdinand made a long Speech in it , 1555. A Diet at Ausbourg during which the Pope dies . wherein he reckoned up the mischiefs that had been occasioned in Germany by those controversies in Religion ; and the horrid corruption of manners that these debates had drawn after them . Divers means were proposed for taking up these differences , and amongst others a conference of the learned of both sides : but the Pope who had an aversion to any thing that bore the name of conference , approved not that expedient ; he caused Cardinal Morone his Legate in Germany to represent to the Diet that all conferences ought to be avoided , and that the onely way to put an end to controversies was that which was taken in England ; to wit , to return again to the obedience of the holy See . But Cardinal Morone was not long at Ausbourg before he heard of the death of Julius , which happened in February 1555. He therefore returned to Rome , to assist at the Election of a new Pope , and found the business done before he came .

MARCEL II.

Marcello Cervino Cardinal of Santa Croce was created Pope on the eighth of April 1555. It is observed as a thing singular in him , that he would not change his name as others do . This custome of changing of names upon promotion to the Papacy , came from the Germans , whose names are somewhat rough and unpleasant . Those of that Nation who had been chosen Popes , made choice of Latin names , that at least by their names they might not sound harsh in the ears of the Romans . Afterward they made a mystery of that change , and the Cardinals who are chosen to fill the holy See , would thereby signifie , that they have renounced all their former Characters that they may become new men . Cardinal Santa Croce would not change his name , that he might give all to understand , that he had been the same man in the Cardinalship , as he intended to be in the Papacy . He had gained the reputation of a grave and severe man , and of a high and steady Soul , but he lived not long enough to give a proof of what he could doe . So soon as he was exalted to the Pontifical Chair , he laid a design of calling the Council again for setling the affairs of Religion , and that the Council might be happy in its proceedings , he thought it his own duty to begin with a thorough Reformation of the Clergy and Court of Rome , which had been often proposed by his Predecessours ; but never heartily meant by most of them . All his designs perished with him ; for he died of an Apoplexie the last day of the same Month of April . So that he filled the Chair but two and twenty days .

PAUL IV.

Paul IV. chosen . He was of the House of the Caraffa's . The twenty third of May following the Cardinals chose Giovanni Pietro Caraffa , who took the name of Paul IV. They made him take an Oath that he should convene the Council within two years , and that he should not for the first two years of his Pontificate create more than four Cardinals , because the sacred College was very numerous and full . The Character of his temper hitherto , made him a man of a severity that was somewhat morose and rough . He had been a Theatin Monk , and when advanced to the Purple , had still retained the austerity of his Profession ; so that that Election allarmed all those who dreaded a Reformation . As he was a man who had always affected a great austerity of life , and was besides haughty to the highest degree , so it was feared that if once he set upon a design of Reforming the Court of Rome , he would bring it about , what ever came on 't : but they were soon rid of all these fears , for he presently laid aside that affected severity of life . He still retained a morose humour , This Pope was proud and insolent to the highest degree . which being joyned to an insupportable haughtiness , he became the most proud and insolent man living . Never was there Pope of Rome that carried it with greater Pomp and Grandure . The Steward of his house having asked him how he intended to be served for the future ; like a great Prince , answered he . He would be crowned with greater Pomp than any of his Predecessours , and affected never to appear abroad but in great State and Splendour . The English Ambassadours who came to render homage to the holy See , arrived just upon the day of his Exaltation , which he took as a good presage . The Ambassadours falling down at his feet begg'd pardon for the whole Kingdom : The Pope took them up , granted them what they desired , and without being solicited , erected Ireland into a Kingdom in favour of the King and Queen . This was a very surprizing Act , and no body understood the mystery of it , nor could any imagine what he drove at , in giving the name of Kingdom to an Island which the Kings of England peaceably possest under that Title ▪ But that was a fetch of Roman Policy : Henry VIII . after his separation from the Church of Rome , had erected Ireland into a Kingdom , and had left it to Edward under that Title . Now the Pope pretending to have the onely right of disposing of Crowns , and erecting States into Kingdoms , had a design to oblige Queen Mary to quit the Title of Queen of Ireland ; but perceiving very well that that would prove too hard a task , he thought it better without saying any thing , and as being ignorant of what Henry had done , to erect that Countrey into a Kingdom , that so Mary might enjoy the Title of it , as holding it of the Pope , and not deriving it from her Father . Moreover , with an imperious Air and full of Authority he told the Ambassadours , that the Revenues and Church Lands must forthwith be restored to the Clergy , and the Tribute of St. Peter be setled again as formerly . Queen Mary endeavoured to give the Pope satisfaction as to that , but she could not prevail ; because most of the great men of the Nation were in actual and hereditary possession of the Revenues of the Church , and could not be brought to part from them . So that all that she could doe was to restore what she her self possessed , and what had been annexed to the Crown .

The Diet at Ausbourg makes an Edict of Liberty , which offends the Pope . Whilst matters went in this manner at Rome and in England , the Diet at Ausbourg which began in February last , was still continued . The Germans devised several means for putting an end to the controversies about Religion , but seeing they were not likely to take effect , they were forced to settle a Peace by making all the Princes within their own Territories supreme in matters of Religion . The Protestants moved that it might be permitted to Bishops and Abbots to change their Religion without losing their Dignities and Revenues , but that did not pass . The Catholicks on the other hand , urged that those States which had accepted the Interim some seven years before , should not have the liberty of returning again to the Confession of Ausbourg , but at length they yielded , and so all the States enjoyed full liberty of Conscience ; nay , and the Lutherans were maintained in the possession of the Church-Revenues , which they had already allotted for the entertainment of their Ministers and Schools . Pope Paul , the most haughty and passionate man living , fell into a furious rage against this Edict of Liberty . He publickly threatned the Emperour and Ferdinand King of the Romans , that he would make them repent the injury they had done to the holy See . He exhorted them to recall those Edicts , wherein if they failed , he threatned to proceed against them with as severe Censures as he intended to use against the Lutherans , he said that all the misfortunes that had befallen Charles , proceeded from the wrath of God against him , because of his indifference , and that he had not vigorously bestirred himself in reducing Germany to the obedience of the holy See , which he might have done . In this manner , and with such kind of Discourse he entertained the Emperour's Ambassadour , and the Cardinal of Ausbourg . He observed the same Character with all other Ambassadours ; telling them often that he was above all Princes , that he expected not that any of them should treat with him as his equal ; that he could alter and take away Kingdoms as he thought good : nay , and being one day at table he lasht out so far as to say in the presence a great many persons of Illustrious Quality , that he would subject all Princes under this foot , stamping on the ground with his foot ; he added that he would rather turn all things topsy turvy , and set fire to the four Corners of the World , than to commit the least base action in derogating from his Authority . The Pope listens to the persuasion of useing carnal Arms for supporting his Authority . This lofty and proud humour was yet more and more fomented by his Nephew Charles Caraffa , who from a Captain being become Cardinal , carried along with him into the Church all the violent inclinations of War . As for the Pope he stood it out merely by his haughtiness , and did not think he stood in need of other Arms , than those which the Character of Pope put into his hands ; he perswaded himself that by his Spiritual Weapons he could doe whatsoever he pleased , for never man valued himself more upon the account of Fortune than he , because all things had ever succeeded with him . Nevertheless , seeing he entertained vast thoughts and aimed at all , he easily let himself be perswaded , that he ought to make use of all . Insomuch , that if on the one hand the Uncle was inclineable enough of himself to employ the Power of the Church with utmost rigour , the Nephew on the other hand , put it in his head to fortifie the Spiritual Power by Temporal Arms , and the Pope consented to it ; but he would have that Union of the Arms of the World with those of the Church to be made very secretly , and not to appear sooner than was necessary . He therefore treated very secretly with the King of France to take the Kingdom of Naples from the House of Austria , and to transfer it to the Crown of France ; on condition that a good part of it should be annexed to the Ecclesiastick State . That affair was managed privately at Rome first with the Cardinal of Lorrain , and afterward with the Cardinal de Tournon .

For the carrying on these great designs the Pope resolved to create a great number of Cardinals , who might depend on him as being his Creatures . Upon his Elevation he had taken an Oath to make but a few Cardinals , because the Sacred College was already too numerous . So soon as mention was made of this promotion so contrary to what he had promised , and so opposite to the Emperour's interest , to whom the Pope intended to raise as many Enemies as he made Cardinals , the Sacred College and especially the Imperialists resolved to oppose it . The Pope had notice of that , called a Consistory on the twentieth of December , and so soon as he had taken his place , he told them that he would grant Audience to none , that he himself would onely speak , that he had weighty matters to propose , and that none must interrupt him : The Cardinal of St. Jago a Spaniard rising to speak to him , he puncht him several times on the breast and thrust him back . When all were set down after this Preface , he complained of the rumours that were spread abroad , that he could not lawfully create more than four Cardinals because of the Oath that had been exacted from him at his Inauguration . He told them , that he would have them know that the Pope could not be bound by any Engagement , nor by any Man , nor indeed bind himself by any Oath ; that to think the contrary was Heresie , from which out of Favour and Grace he absolved those who by such an opinion had incurred the penalties due to Hereticks , because he was willing to believe that they were not obstinately engaged in it ; but that if any one persisted to think or speak so , he would put him in the Inquisition ; telling them plainly that he would make Cardinals , and that he would not be contradicted . He named seven , one of whom , to wit , Gropper a Divine of Cologne , refused the Hat .

In England Cardinal Pool , who till then would not take the orders of Priesthood , was made Priest , and four Months after , Archbishop of Canterbury in the place of Cranmer who was burnt . In Germany the People of Austria demanded of Ferdinand Liberty of Conscience ; Ferdinand refused it under pretext that he was bound by Oath to the Church , nevertheless he granted them the Cup conditionally untill the next Council , and prohibited them to endeavour any change in the rest of the Ceremonies . The Duke of Bavaria made also the same prohibition within his Territories , and allowed the Cup to his People . But the Palatinate was wholly reformed : for the Electour being dead , his Nephew succeeded him , and so soon as he was fixt , he forbid the Mass , and the Exercise of the Roman Religion within his Territories .

Pope Paul who omitted nothing that might make for his Reputation , and confirm his Authority , undertook to reform the Church , and for that end established a great Congregation composed of an hundred and fifty Persons , The Pope proposes a Reformation of the Church , but that proposal had no success . which he divided into three Chambers ; he assigned them first , the matter of Simony to be examined ; but that is a nice point , it is the Spring-head of all the Wealth of the Court of Rome . Some were for the rigour in cutting off all manner of ways , whereby money is taken for spiritual things . The Pope himself seemed to favour that opinion so far , that he said he would not grant any Matrimonial Dispensations ; but the heat of that Zeal lasted not long , for the opposition was so great , and the Difficulties so terrible , that all was laid aside ; some proposed to him the Calling of the Council again for carrying on of that Reformation , and , indeed , at his Inauguration he had sworn so to doe : but he laughed at that , saying that he had nothing to doe with a Council , that he was above those things , and that it was a great silliness to have sent twice already threescore Bishops and forty Divines the weakest of all the Mountaineers , to determine Controversies of the highest Nature : as if these good Folks had had more knowledge and capacity than the Vicar of Jesus Christ , adding notwithstanding , that provided the Council were held at Rome , he would not be against it . But especially when he came to know what toleration King Ferdinand and the Duke of Bavaria had granted their Subjects to communicate under both kinds , he took the Alarm and looked upon that action as an attempt , hardly to be remedied without a Council . The Ambassadour of Poland sent to Complement him upon his exaltation , The Pope falls into a rage upon occasion of some demands made to him by the Ambassadour of Poland . proposed to him some Demands in name of that State which vexed him much more than the Actions of Ferdinand and the Duke of Bavaria had done . The first was , that they might have liberty to celebrate Mass in the Vulgar Tongue ; the second , that the Communion might be administred under both kinds ; the third , that Priests might be allowed to Mary ; and the fourth , that they might pay no more Annats , and that a national Synod might be called in Poland , for adjusting the Differences about Religion . He broke forth into a rage , when the Proposals were made to him , and all these things concurring together made him resolve to call a Council at Rome . He ordered the Ambassadours to acquaint their Masters , that he intended to celebrate a Council in the Church of Lateran , and declared the same in a Congregation of Cardinals . On his Coronation-day being the six and twentieth of May , a great many Cardinals with the Ambassadours of Princes being with him at Table , he said that he had acquainted Princes with his design merely out of form and civility ; that he would make them sensible what the Holy See can doe , when it is possest by a resolute and couragious Pope ; that he well foresaw that his Proposal would displease them because of the Place that he had pitcht upon , but that though they should not send one Prelate to his Council , he would not be much concerned , and that he well knew how far his Authority reached .

Whilst matters went thus at Rome , news came that by the mediation of Cardinal Pool , the Emperour and the King of France had made a Truce for five Years ; Peace is made betwixt the Emperour and the King of France , the Pope breaks it off . this News vexed the Pope to the heart , because it broke all his measures , and suited not at all with the design he had of engaging the King of France in the War of Naples , and of making use of the Arms of that Prince for seizing that Kingdom ; however he pretended to be glad at it . But he could not forgive Cardinal Pool , to whom he owed so great obligations , for having reduced England to the obedience of the Holy See ; for he sought a pretext to break with him , he deprived him of his Legateship , and put into the Inquisition his Friend Thomas de S. Felix Bishop Della Cava . Immediately he dispatcht two Legates , one into France , and another into Germany , under pretext of essaying to convert the Truce into a Peace . But instead of endeavouring to make peace , Caraffa his Legate in France perswaded the King to break the Truce ; and offered him absolution from his Oath . The Princes of the house of Guise solicited him to that action , but the rest of the Court looked upon that perfidiousness with abhorrence . There was onely one thing that stuck with Henry II. and that was that the Pope being extremely old , he could not hold out long ; that after him another would come , who might take other measures ; and that so he would be left alone in the mire into which the Pope had plung'd him . The Cardinal of Lorrain a man for expedients , found out one presently : he told the King that he must get the Pope to create so many Cardinals of the French faction , that the King might always be sure of having in the holy See a man at his Devotion . This was a cross ill laid trap , however Henry was caught in it , and did whatsoever they would have him doe . But these Negotiations could not be kept so secret , but that the Emperour began to suspect that the work that was preparing for him was of the Pope's cutting out ; for the Legate that was sent to him made but very small Journeys , and when he came to Maestricht he had orders from Caraffa to come into France , to stop there ; and not to goe to the Emperour , though he was but two days Journey from him .

The Pope breaks with the Emperour , and undertakes a War which prov'd fatal to him . The Pope seeing his Train pretty well laid , sought for no more but a fair pretext to break with the Emperour : which he presently found in that Ascanio Colonna and Marco Antonio his Son were protected at Naples . The Pope had excommunicated both , deprived them of all their Lands and Estates , and given their Forfeitures to his Nephew Montorio , with the Title of Duke of Pagliano . The Colonna's fled to Naples , from whence they made frequent inrodes upon the Ecclesiastick State , and especially upon the Lands that had been taken from them . The Pope was mad with the Emperour because his Enemy had found refuge within the Territories of that Prince , and spoke of Charles and Ferdinand , in very outragious terms , in presence of their Ambassadours and Friends . In fine he resolved to make open War , he secured all suspected Persons , and shut up several Cardinals and Gentlemen in the Castle of St. Angelo . Nay and contrary to the Law of Nations he cast into Prison Garcillasso di Vega King Philip's Ambassadour , and Postmaster of the Empire ; he gave protection to those that were banished out of Naples , and broke open the Emperour's packets . When the Duke of Alva who was then Viceroy of Naples expostulated with him for these injuries , threatning that if he persisted in so doeing his Master would right himself by the Law of Arms ; the Pope made answer that he was a free Prince , that as he was not to give account of his Actions to any , so as Pope he might call all men to an account of theirs , and that nothing could move him to fail in what he was obliged to doe for the maintenance of the Church . At length the Duke of Alva finding that fair means could not prevail with him , and that great preparations were making in the Pope's Territories , thought it his part to take the start , and declare War first ; which he did the fourth of September , 1556. He seized almost that whole Countrey which is called Campania di Roma , keeping it in name of the succeeding Pope , and put Rome it self into a fright . The Pope fell to fortifying the City , and forced all even the Monks to labour at the Works . There was a weak place at the end of the Street called Flaminia , where stood a stately Church of our Lady that hindered the fortifications : The Pope was about to demolish it ; but the Duke of Alva sent to entreat him not to doe it , promising not to take advantage of that place . In the mean time the Duke thinking it enough to have put Rome in a fright , drew off and did not lay siege to the place .

This was the Year wherein Charles made a Resignation of all his Dignities , and retreated to a solitary Life , having first made over his hereditary Dominions to his Son , The resignation of Charles the V. and the Empire to his Brother . People hereupon made reflexions much to the disadvantage of the Pope ; for they compared his haughtiness with the humility of that great Prince , who being born in the height of honour , and having lived in so great Glory , had freely renounced all the Pomps and Vanities of the World ; whereas , on the other hand , Paul having been first a Bishop , and having afterwards betaken himself to a Monastery of Theatins , came out again to be a Cardinal , and at the age of 80 Years created Pope , was become the proudest and most insupportable man living .

The Resignation of Charles did not put an end to the War of Naples . The Duke of Guise was forced to march into Italy to the assistance of the Pope ; he had a design to have stopt at Lombardy to make a Diversion ; but the Pope would have him on any terms to march forward into the Kingdom of Naples , where he did nothing at all . And now the Pope to make good his promise created ten Cardinals , but they were neither French men , nor devoted to the French interest as he had promised , which a little disgusted that Nation . On the other side the Court of Rome had no great reason to be much satisfied with the Succours of France , for notwithstanding their assistance , the Duke of Alva took the Town of Signey , and threatned the same to Pagliano . The Pope being alarmed at this great Success ; opened his grievances in a consistory of Cardinals , to whom , amongst other things , he told that he resolutely expected Martyrdom ; but the Cardinals could not well conceive how he could die a Martyr in a War which he had kindled by his treachery and ambition . At the same time the French were defeated at St. Quentin in Picardy by the Forces of the K. of Spain , which forced the K. of France to recall his Forces out of Italy ; and the Pope was constrained to make peace with the Duke of Alva : but though he had been worsted , yet would he needs make his peace as if he had been victorious ; The Pope being overcome makes peace like a Conquerour . He would neither suffer the Colonna's to be mentioned in the Treaty , nor himself to be accused of having violated the Law of Nations by imprisoning the Ministers of the Emperour and King of Spain ; but on the contrary the Duke of Alva must come to Rome in person to beg on his Knees absolution for himself , and in name of the King his Master . Never was there any thing more haughty , and indeed the Inundation of the Tyber , which at that time overflowed all the City of Rome and ruined the Fortifications of the Castle of St. Angelo , was lookt upon as an effect of that prodigious pride which provoked Divine Vengeance . One thing is reported of this Pope , which very well shews his humour ; in order to this war he had raised Troops amongst the Grisons ; and they being Protestants , according to the usual Insolence of Soldiers , made havock in all Churches where they past , even to the pulling down of Images . The Cardinals of the Inquisition complained of this ; but the Pope answered , were repealed , and the Roman Religion wholly banished the Kingdom . About the same time another thing happened which overwhelmed the Pope in trouble ; and that was that in the Diet of Ausbourg the Acts of the last Years Conference , which ended without any Success , having been examined , the Emperour confirmed the Liberty of Religion according to the Pacification at Passau , and the Recesses of the Diets which had been held afterward . The Pope could not hinder , nor oppose it by his Legates ; for he had excluded himself from all Negotiation with Germany by the affront and injury he had done to Ferdinand . And to mortifie him for good and all , peace was concluded at Cambray , the third of April , betwixt the Kings of France and Spain . So that he found himself left alone , forsaken of all men , hated of those two Princes , betwixt whom he had kindled a War , instead of quenching it , as it was the Duty of the Common Father of the Church . In that Treaty the two Kings obliged themselves mutually to endeavour the Reformation of the Church , and the Calling of a Council for rooting out of Heresies . Philip and Henry were both great Persecutours of Protestants : especially Philip of Spain , who thought it not enough to use Fire and Sword in a most cruel manner within his own Dominions ; but sent Ambassadours to all Neighbouring Princes to solicite them to take the same violent Courses against Protestants . Perhaps there was more of resentment and revenge than Zeal for Religion in this Conduct ; for he had a mortal hatred to the Protestants of Germany , because they had been the Cause that he was not named King of the Romans in the Diet of Ausbourg in the Year 1551. for the reformed States favoured Ferdinand and Maximilian his Son who opposed the Election of Philip. From the time of the first Edict of Charles the fifth , there had been above fifty thousand men put to death by most cruel Torments in the low Countreys ; but this being not sufficient to Philip , he made a League with France for the total Subversion of the Reformation . The Cardinal of Lorrain in France , and Granvel Bishop of Arras were the great sticklers for that Enterprise .

For putting of this design in execution , Philip had a great mind to have brought the Inquisition into the low Countreys ; but his Father Charles the V. having heretofore succeeded so ill in that design , that he was forced to leave it off , he feared that that Enterprise might cost him more trouble than it had done his Father . To cut off some of the Difficulties that might happen he resolved to begin with the multiplication of Bishopricks , in hopes that these Bishops might contribute much to the accomplishment of his design . There were but two Bishopricks in all the low Countreys , Utrecht and Cambray , all the rest of the Clergy were under the Jurisdiction of German and French Bishops , and these two Bishops were also Suffragans to Strangers . Philip drew his Territories from under a foreign spiritual Jurisdiction , and erected into Bishopricks , Namur , Antwerp , Balise-duc , Ghent , Bruges , Ipres , St. Omer , Harlem , Midleburg , Leuvarden , Groninguen , Ruremonde and Deventer , and established three Archbishopricks , Cambray , Malines and Utrecht . The People perceived very well what that tended to : and therefore they grew more obstinate , and became inclinable to embrace the Reformation , refusing to pay any Taxes till the Spanish Soldiers were removed . Henry II. on his part did all that lay in his power to ruine the Protestants in his Kingdom . He resolved to be present at the famous Mercurial which was held the fifteenth of June , this was the name that was given to the Assemblies which met on Wednesdays , for examining and correcting the manners of the Judges of Parliament . Matters of Religion were to be treated of there , and the King would hear the Judges argue that affair , that he himself might know who were infected with new opinions . After that Assembly he caused Lewis le Fevre , and Anne du Bourg both Judges to be apprehended , because they had been of opinion that some favour should be shew'd in punishing People who were onely guilty , said they , in discovering the Corruptions of the Court of Rome .

The first national Synod of the Protestants in France . The Protestants notwithstanding the rigour of Persecutions went on with their business , and framed a Discipline in the Church : they met at St. Germain , and held their first national Synod there , wherein Francis Morel was President . The Pope , on his part , did all that lay in his Power to encourage those two Kings , and seeing he extremely dreaded a Council , and yet passionately desired the Ruine of the Protestants , he importuned those Princes to settle the Inquisition , extolling and praising it as the onely means to extirpate Heresies . The Protestants of Germany interceded with Henry that he would put a stop to the rigour of his Persecutions , though all in vain : but one more powerfull than they stept in ; for providence permitted that the King of France was killed on the second of July , by Montgommeri , Henry King of France is killed . Count de Lorge , who in a Turnement run a Lance into his Eye . The Protestants looked upon the death of the King as a Miracle in all its Circumstances ; they published several small Pamphlets , wherein they observed that the King was killed by Captain de Lorge , whom he had employed to apprehend the two suspected Judges after that famous Mercurial of the fifteenth of June ; they added that he was smitten in the Eye as a Punishment for his swearing that with his Eyes he would see Anne du Bourg burnt . All these unseasonable observations did onely hasten the death of poor Anne du Bourg , for the Queen being incensed by these Libels pressed the Judges to condemn him ; which they did contrary to their inclinations . The Pope was extremely afflicted at the news of the Death of Henry , whom he lookt upon as his Protectour against the attempts of the Germans and Spaniards upon the Authority of the holy See . But he stood not long in need of a Protectour in this World ; The Pope dies . Pius IV. of the House of Medicis is chosen . for he died the eighteenth of August the same year : on his Death-bed he commended nothing to the Cardinals but the Inquisition , as the onely means of preserving the Church . Paul was no sooner dead , but the People who had more than a hatred for him , rose in a terrible fury ; they beat off the head of his Statue , dragg'd the Statue through the City , opened the Prisons that he had filled with wretched People , and let out all the Prisoners ; and the Convent of Minerva , the Monks whereof had the Charge of the Inquisition , narrowly escaped being burnt . The Cardinals also took Cardinal Morone out of the Castle of St. Angelo , to which he had been committed by the late Pope : and all the Caraffa's Arms were defaced , torn in pieces and broken down , wherever they were found . On the fifth of September the Cardinals went into the Conclave , the See was vacant almost three Months , and the Factions that usually happen on such occasions , retarded the Election untill the four and twentieth of December .

PIUS IV.

Philip uses great Cruelty in Spain against the Protestants . During that time Philip left the low Countreys , and went to Spain : he was near being cast away in a storm , and being buried in the same waves that had swallowed up his rich Furniture and part of his Retinue . When he was arrived in Spain , he made it his chief care to choak the Seeds of new opinions that had been sown there ; the very day he arrived at Sevil , which was the twenty fourth of September , he caused John Pontio of Leon Son of the Count of Baileno , and twelve other men and women of Quality to be burnt as Lutherans . He caused the Effigies of Constantin Pontio who sometimes before died in the Prison of the Inquisition , to be burnt , he had been the Emperour's Confessour , and in his Armes Charles gave up the Ghost : so that it was thought he did not much consult the honour of his Father in that action , for if the Directour of his Conscience was a Lutheran , it was strange if he himself was not tainted with Lutheranism ; from thence he went to Valladolid , and caused eight and twenty Gentlemen of the Countrey to be burnt in his presence , and committed to Prison Bartholomè de Carranza , whom we mentioned in the Acts of the first Convocation of the Council , and who was afterwards made Archbishop of Toledo . To be accused was enough to make a man guilty in the Judgment of Philip ; for in reality the Archbishop of Toledo was innocent , and the Council held under Pius IV. in the year 1563. having appointed Doctours to examine the Book for which he was accused , approved the Book , notwithstanding that Cazdellun Secretary of the Embassy at the Council , and the Count de Luna Embassadour of Spain , both opposed it . These Torments and Cruelties made the Spaniards , who in their hearts had an Aversion to the See of Rome , conceal themselves . And certainly the Roman Church hath this obligation to Philip , that he hindered the Change of Religion in Spain , for in all appearance the Reformation would have made as great progress there as it had done elsewhere .

At length , December 24th . at night Cardinal Giovanni Angelo de Medicis was chosen Pope , who took the name of Pius IV. Immediately upon his promotion he put a stop to the disorders which the hatred of the House of Caraffa had raised in the City ; and reconciled himself to the Emperour Ferdinand , to whom he acknowledged his Predecessour had been in the wrong . There was , however , some little debate about the Terms which the Pope would have had the Count D' Arco the Emperour 's Ambassadour use , in making him the Complements of his Master ; for the Count had Orders to make use of the word Reverence , but the Pope would have the Emperour promise him Obedience . Cardinal Pacieco a Spaniard advised the Count to stick exactly to his Commission : But the Cardinals Morone and Madruocio prevailed more with him ; and so the matter went as the Pope would have it . The Ceremony of his Coronation was performed the first of January 1560. and the eleventh of the same Month he called a Congregation of Cardinals , wherein he declared to them his design of restoring the Council . He dreaded it as all other Popes had done ; but he looked upon it as an unavoidable evil , foreseeing that he would be so solicited to it , as that he could not deny it . He therefore resolved to doe the thing with good Grace , and made known his intention to the Ambassadours of Princes . The Duke of Savoy after an Embassie of obedience , sent to Rome to obtain liberty from the Pope to hold a Conference with those of his Subjects inhabiting the Vallies of Piedmont , who had fallen off from the Church of Rome . These People who before the Reformation had separated themselves from the Roman Communion , joyned with the City of Geneva so soon as it had shaken off the Jurisdiction of the Pope . The Duke had put a great many of them to Death , and sent others to the Galleys . They suffered patiently a long while ; but at length they put it to deliberation , if they could lawfully put themselves in a posture of defence against their Sovereign . Opinions were divided , and part of them took up Arms. However the Duke knowing that they had not been prompted to that by a Spirit of Rebellion , resolved to try fair means with them . But at Rome the proposal was rejected with indignation ; they counsel'd him to use force , which he followed , and for eighteen Months waged War against these Wretches .

In the beginning of the same year a great Conspiracy was hatcht in France , The Conspiracy of Amboise . they who were engaged in the Plot were put upon it as much through interest of State as of Religion . The House of Guise were absolute Masters both of the King's person and mind : and this being a grievance to many , they formed a Party and entered into a Confederacy for putting a stop to the fury of the Persecution , and at the same time for rescuing the person of Francis the Second out of the hands of the Princes of Guise . But the Plot was discovered , the Court went from Blois to Amboise , where there is a Citadel ; part of the Conspirators were taken and put to Death ; and so that Conspiracy of which one Renaudé , was the chief was quickly dispersed and brought to naught . The Protestants , in the mean while , encreased amidst all these Persecutions , and that made the King's Council look out for other means of composing the troubles , than what had been employed hitherto : it was concluded that a Council of the whole Nation must be called ; but Cardinal d' Armagnac who was wholly for the interest of the Court of Rome , and was as good as any Inquisitor against the Protestants , withstood that resolution . Monluc Bishop of Valence was of opinion for calling a national Synod , and that prevailed . This resolution was signified to the Pope , but he approved not of it . On the contrary he complained publickly at Rome against the King's proceedings , who by a Declaration of the eighteenth of March had pardoned all who upon account of Religion had taken up Arms against him . The Pope said it was the cause of God , and that no Prince has power to pardon such Crimes ; that besides , national Councils were good for nothing but to breed Schisms , that there was need of a General Council , and that he intended to convene it without delay . The Pope solicites the King of France to take Geneva . He sent into France the Bishop of Viterbo to represent the same things : and that he might employ the King , and take him off from thinking of that national Synod , he essayed to perswade him to bend his forces against the City of Geneva . He also solicited the Duke of Savoy , and the King of Spain to the same Enterprise , the King of Spain being a Neighbour to Geneva by the Franche Comte . The Savoyard would have been very willing , provided he could have kept Geneva for himself , nor perhaps would the King of Spain have been against that : but he knew very well that the King of France would never allow it to be in any other Prince's Possession ; and therefore he chose rather to suffer the new Religion to reign there , than to see it in the hands of the French who were already too near Neighbours to the County of Burgundy , which then belonged to the King of Spain ; so that that matter went no farther . The King of Spain who thought it not proper to unite with the King of France for the Ruine of Geneva , as he had been solicited by the Pope , thought himself obliged , at least to comply with the Pope's inclinations in disswading the French from holding a national Council . For that effect , he sent into France Antiono de Toledo Prior of Leon , with instructions to offer France forces and assistance for the destruction of the Hereticks ; and it is certain that he could not doe more than what he did to satisfie the Pope by the Ruine of the Protestants . The Court of France did not much listen to these Proposals , they would , indeed , have been willing to have had Geneva ; but they feared the Switsers , and the stirs that the Huguenots might raise in France during that War . As to the matter of the Council , they were stedfast in their design , of calling a national one in France , giving the Pope , in the mean time , assurance that nothing should be attempted in it contrary to his Authority . But he could not trust too much to that , he was very apprehensive of the French Prelates , who were accused to be infected with Heresie , and were at least prepossest with some Tenets which they call the Privileges of the Gallican Church , and with Maximes that sute not with that Supremacy which is challenged by the Court of Rome . The apprehension of this made the Pope absolutely resolve to call the General Council : The Pope resolves to call a General Council . But he was at a stand as to the place , he would have been very willing to have held it at Bologna , but he did not expect that the Prelates would come thither . Milan was offered him , but he would not accept of it , unless the Citadel were put into his hands during the sitting of the Council . The King of Spain , for all he was so good a Catholick , could not be brought to condescend to that ; for as to the point of worldly affairs and interests , the Pope and other Princes are trusted much alike . At length he concluded upon the City of Trent , where it had been already assembled . There happened two considerable matters which confirmed him in his resolution of hastening the Convocation of the Council ; the one was the Revolt of Scotland , which banished Mary the Queen regent , and fell off from the Church of Rome : the other was the Jealousie that they had of Maximilian King of Bohemia Son to the Emperour Ferdinand ; Maximilian King of Bohemia and the Romans is suspected of Lutheranism . who was always thought too favourable to the Protestants . Paul IV. had accused him as an Abbetter of Heresie , and one day he made an answer to the Pope's Ambassadours , that much encreased the suspicion that they had of him . The Pope's Nephew Maroo Altemps exhorting Maximilian in behalf of Pius IV. to continue a good Catholick , promising him on the one hand that if he did , the Pope would corroborate the pretentions he had to the Empire ; and on the other hand threatning , that if he persisted to give Causes of Suspicion , he would never confirm him King of the Romans , but would deprive him of all his Territories . Maximilian made answer to the promises that were made him of favour and assistance , that he was very much obliged to his Holiness , but that the Salvation of his Soul was much dearer to him than all worldly Enjoyments . Now at Rome this kind of style was lookt upon as an infallible sign of Lutheranism , and as the badge of those who were Enemies to the holy See .

All these reasons made the Pope , on the third of June , call together the Ambassadours of Princes , and told them more plainly than hitherto he had done , his design of re-establishing the Council at Trent , ordering them to acquaint their Masters with the same . He himself wrote to his Nuncio's in all places , that they should exhort the Princes to have their Arms in readiness to constrain the Rebels to return into the bosome of the Church , for it was not so much his thought to hold a Council for deciding of Controversies , as to take from Princes all pretext of dealing with Protestants in the way of Lenity and Mildness . The opinions of the Princes were extremely divided as to that particular . The King of Spain approved both the Council , and the choice of the place , but the French refused the City of Trent , and proposed Treves , Constance , Wormes , or Haguenau . The Emperour was of the same mind , affirming that the Lutherans did abominate the Council which was begun , that it would be impossible ever to induce them to come , or to submit to the Council , if a new one were not called . He added that he could not undertake for the Empire , before he had assembled a General Diet , and that for his hereditary Dominions , it would be hard for him to make them come to the Council , if the Cup and Marriage of Priests were not again allowed them . These proposals did not please the Pope : he declared that he would never suffer the matters which had been already decided at Trent , to be examined over again , if it should cost him his life ; that as to the Restitution of the Chalice and the Marriage of Priests which were onely of positive right , he should refer himself to the Council , but that he would act nothing of himself alone , though he had Authority to doe so .

The Assembly at Fontainebleau , where it is resolved that a National Council shall be called in France , and Severities , in the mean time , cease . The Protestants multiplied in France , and the dissentions encreased also . The King was , therefore obliged to call a numerous Assembly of the chief of the Kingdom to meet at Fontainebleau the twentieth of August in the same year 1560. Jean de Mouluc Bishop of Valence who was no Enemy to the Protestants , and who wished for some Reformation in the Church , gave his Judgment there for a national Council , and for the forbearance of Persecution ; affirming that People were amazed at the Constancy of those that suffered , which made them inform themselves about their Religion ; he was seconded by a great many more ; and Admiral Coligny himself presented to the King Petitions that had been delivered to him in Normandy , which begg'd that a stop might be put to all Severities , untill the Cause should be tried . He added that having enquired whence these Petitions came , they had made him answer that fifty thousand were ready to set their hands to them . The Duke and Cardinal of Guise opposed these opinions , and rejecting a national Council , voted for the continuance of Severities . The conclusion of the Assembly was , an Edict ordaining the States to meet at Meaux the tenth of December ensuing ; and that if a General Council were not called , the Bishops of France should assemble the thirteenth of January following , that they might take their measures for holding of a national Council ; and that in the mean time Severities should cease .

That Assembly of Fontainebleau gave the Pope fresh Jealousies , and he was the more afraid of the National Council , because he found that the Protestants likewise demanded it . He sent therefore orders to the Cardinal of Tournon his Legate in France to endeavour what lay in his power to prevent the Assembly of the Bishops , and pressed the affair of calling the General Council . He proposed it once again to the Ambassadours , and represented to them the disorders that would be occasioned by a National Synod ; but he could not forbear discovering the true reason of the hatred which he bore to these National Synods in which he had not the absolute power . They pretend , said he , to subject the Pope and Court of Rome to a Council , but I am ready to lay down my life rather than to suffer it : Pro fide & religione volumus mori . He would have the Ministers of Princes to give their opinions concerning that affair . The Emperour's Ambassadour , according to his Master's intention was of the mind that the matter should not be hastened too much , that a Diet might be assembled to consult about it : but the other Ambassadours consented to a speedy Convocation of the Council according to the intentions of the Pope In the mean time , the Politicians looked upon all this eagerness of the Pope to be a kind of Comedy . For they thought it a clear case , that if he could not avoid a Council , he would at least endeavour to put it off untill he had enriched his Family and his Nephews ; and that afterwards he would be willing to give others good Examples of frugality and moderation , and bear more easily with the Reformations that might be made in the Council . About the beginning of November , Letters came to Rome from the Emperour's Court , still pressing that the Council might not be called at Trent , and that that Convocation might not pass for a Continuation of the former Council , because the Place and that Continuation would be stumbling blocks to the Lutherans , and would raise difficulties never to be surmounted . France continued likewise in the same mind , and the Union of those two great Powers in the same Sentiments , put the Pope into a great deal of perplexity , and made him thereupon hold several Congregations . At length he resolved to pass over all these difficulties , he minuted the Bull of Convocation , The Pope formes the Bull of Convocation of the Council , and still chuses the City of Trent . and devised a form that might give content to all , as well those who were onely for removing the Suspension of the Council , as the rest who desired a Council to be called anew . He gave this title to his Bull , The Indiction of the Council of Trent , which seemed to insinuate that it was to be a new Council : but in the body of the Bull , he said that he removed the Suspension , and made use of the word Continue . This middle way contented no body , and displeased both parties : However the Pope did all he could to perswade Princes to be satisfied , and sent orders to his Ministers in France to endeavour to remove all Scruples about the word Continue , because that should not hinder but that the affairs which had been decided under Paul and Julius III. might be reviewed , if the Council thought it expedient .

The opening of that Assembly was appointed to be on Easterday in the year 1561. And the Pope dispatcht the Bull into all places , with Nuncio's to invite not onely Catholick Princes to the Council , but all Protestant Princes also . He sent the Abbot Martinengo to the Queen of England ; but she forbid him to enter her Dominions , though the Kings that were in alliance with her had used all their interests to perswade her to receive him . He had likewise designed to have sent a Nuncio into Muscovy to invite the Czar who is of the Greek Church to come to the Council .

The Death of Francis II. the Queen Regent Assembles the States at Orleans . The same year on the fifth of December Francis II. King of France died , and his Brother Charles IX . being but ten years old succeeded him . The death of this Prince put the Protestants in heart , and made them hope for a change in affairs , because the King of Navarre first Prince of the bloud was to have a great share in the Government during the King's Minority . Now this King was a declared Protestant , and was influenc'd by the Councils of Admiral Coligny a great Protectour of the Protestants . The Queen Mother and her Council thought sit to assemble the States at Orleans , and to open the Assembly the thirteenth of December ; where opinions were strongly argued pro and con concerning Liberty of Conscience . At length it was concluded , that the King should publish an Edict for cessation of Rigours and Criminal Prosecutions upon account of Religion . The Edict past and at the same time the King gave orders to the Prelates to prepare themselves to goe to Trent to the Council . The Count of Rochfort who spoke for the Gentry , presented a Petition in name of the Gentlemen for obtaining permission for the publick Exercise of the reformed Religion ; but no answer was given to that Petition , it was referred to the States which were to meet in May following . In the same Estates at Orleans it was ordained that Canonical Elections should be restored , that Bishops should be chosen by the Chapters with consent of the People and Nobility ; that the Annates which were sent to Rome should be abolished , that Bishops and Curates should reside , that all Abbots and Monks should be subject to the Jurisdiction of Bishops , and that no man might give any Lands or Estates to Monasteries . The Pope and King of Spain used their utmost endeavours to hinder the effect of the resolution which was taken in the Estates at Orleans concerning the Suspension of Rigours against Protestants : they even attempted to bring over the King of Navarre by vain and imaginary hopes , not onely of restoring Navarre which the Spaniards kept from him , but also of making him King of England : which , as they said , Queen Elizabeth had forfeited by the Crime of Heresie . These vain hopes and the natural weakness of that poor Prince made him halt between the two opinions even till his death : for though he was in arms against the Protestants , when he was killed at the Siege of Rouen , yet it is certain his Conscience was not fully satisfied as to the Religion of the Church of Rome .

The Protestants of Germany met at Namburg to consult what measures they were to take to provide against the inconveniencies that threatned them from the Council . They essayed first to compose their own differences that they might not be upbraided with Divisions among themselves : and therefore they proposed the fixing of a common Confession of Faith to which all might agree , because there was even some difference in the several Editions of the Confession of Ausburg , but they could not find means to adjust this . As concerning the Council , they resolved to petition the Emperour , that he would procure one which might be free , where the Pope should not preside , and wherein the Protestant-Divines might have a Vote . They had no hopes of obtaining such a Council , but they made the demand , that they might have a Pretext not to goe to that which the Pope called at Trent . About the same time two Nuncio's arrived in Austria with the Bull of Convocation .

The Pope sends Nuncio's to the Protestant States , to invite them to the Council , but they are ill received . The Emperour advised them to goe to the Protestants whilst they were assembled at Namburg , and sent three Ambassadours with them . The Protestants gave a submissive hearing to what the Emperour's Ministers had to propose to them , and made them answer , that they were much obliged to his Imperial Majesty ; but that they could not submit to a Council , which was not free , and wherein Controversies would not be decided purely by the word of God , which was the thing they expected . As for the Nuncio's , they received and heard them civilly , but they sent them back the Pope's Briefs sealed up as they had presented them ; and having considered what answer they should make , they thought it best to tell them in plain terms , that they acknowledged not the Pope's Jurisdiction , that they were not obliged to declare to him their thoughts concerning a Council , and that they had acquainted the Emperour with their intentions as to that . The Nuncio's met with no better reception at Nuremberg , Franckfort , Ausburg , and in all the other Protestant Towns : but the King of Denmark was more rude with them still ; for he commanded them not to enter within his Dominions , and sent them word that neither his Father nor he having ever had any business with the Pope , he would receive no Ambassadours from him . That answer extremely vexed the Nuncio Commendone , who had stopt at Lubeck expecting the King's Passports to come into Denmark . And it was no small mortification to the Pope , that after he had stoopt so low as to send Nuncio's to those whom he lookt upon as Hereticks , he should be slighted by them in that manner ; but it was still some comfort , that his friends made it their business to give it out in all places , that that great condescension was an effect of his Singular Piety and Zeal . The Switzers received a Nuncio from Rome also , and in their Assembly at Bade , one of the Burgomasters of Zurich , which was a Protestant-Town , kissed the Brief when he received it . The news of this was very gratefull to the Pope ; but that was all he got by it ; for the reformed Cantons refused to come to the Council , and the Catholicks promised they would . So that every where almost the Nuncio's met with opposition ; for the Emperour himself made a kind of an ambiguous answer , and insisted that that Assembly might pass for a new Council . Spain on the other hand , stumbled at the title of Indiction , and would onely have it to be a removal of the Suspension , demanding that it might be expresly declared , that that Assembly was a Continuation of the Council of Trent . But on the contrary , France openly demanded an amendment in the Bull as to the point of Continuation , urging that it should no where be called the Continuation of the Council of Trent . It was likewise taken ill that the King of France was not expresly named in the Bull , seeing the Dignity of so great a Monarch did not admit that he should be cast in with others , and onely designed in general terms . The Pope had done so , because he would not name him before the King of Spain , and durst not name him after . He made the best excuse he could , and gave no great heed to those Remonstrances , because he was extremely offended at the proceedings of the Estates at Orleans , who had acted so contrary to his Authority and Interests ; for in that Assembly , the Annates were taken away , the Concordat betwixt Leo X. and Francis I. infringed , and the Monks subjected to the Jurisdiction of the Bishops , in so much that he gave France almost over for lost .

The Pope names Legates to preside in the Council , and sends them away . The time appointed by the Pope for the opening of the Council drawing nigh , he deputed Legates to preside in it , to wit Hercules de Gonzaga Cardinal of Mantua , and Giacomo Puteo Cardinal of Nizza : the first because of his interest and extraction , and the second because of his ability in the Canon Law , being Dean of the Rota . At length the Pope received Letters from the Court of France dated the third of March 1561. wherein the King gave an absolute consent to the Council . Spain did the like ; and so the difficulties were by little and little removed ; but at the same time the Portuguese were said to be coming to the Council , with a design to get the Superiority of a Council over the Pope to de defined , and that they took instructions about that point . The Spaniards as to that , were more dreaded than the Portuguese ; but the French most of all , because they have been of a long time possest with that opinion . Easter now drew nigh , and therefore the Pope pressed the Legates and Italian Bishops to hasten their departure for Trent . Cardinal Puteo falling very sick , Cardinal Girolamo Seripando a famous Divine was named in his place . He had orders to pass by Mantua , and to take his Collegue with him ; but they arrived not at Trent till Easter Tuesday , where they found nine Bishops already come .

About the same time the Duke of Savoy made peace with his Subjects inhabiting the Valleys . The War had been unsuccesfull to him , he was most commonly worsted , and one day lost an Army of seven thousand Men , the Waldenses having lost but fourteen of theirs . The Agreement was made the fifth of June 1561. and they had certain places allotted them for the free Exercise of their Religion . This displeased the Pope exceedingly , who had contributed considerable Summs of Money for carrying on the War , but Necessity has no Law .

A Convocation of the Clergy was resolved upon in France , and to prevent any Suspicion that the Pope might thereby conceive , they assured him that they would treat of nothing but of means to pay off the King's Debts , and about matters in general which they might have to propose in Council . This did not remove the Pope's Anxiety : and therefore he sent the Cardinal of Ferrara to that Assembly , to have an Eye over it , that nothing might be acted there contrary to his Authority . The Protestant party encreased considerably , and all France was distinguished by these two Names Papists and Huguenots . I shall observe by the bye , that this word Huguenot , the original of which seems obscure to Authours , comes from the Suisse-word Eidgnossen which signifies Associates or Allies . Those of Geneva , who before the Bishop was expelled from thence , resisted his Enterprises for oppressing their Liberties , were called Eidgnossen , because they were associated with the Cantons of Berne and Fribourg : and since , the Bishop having been banished , and Religion changed , they still retained the name of Eidgnossen Allies .

The Cardinal of Ferrara came therefore into France to oppose the Torrent which threatned an inundation in that Kingdom , through the Authority of several great men who were engaged in the party of the Huguenots . About the same time there was a train discovered , laid by the Clergy of France not onely against the Protestant Religion , but against the State also . One Artus Desire was apprehended at Orleans with instructions from those of the Clergy who were of the faction of the House of Guise . With these instructions he was going into Spain to procure assistance against the Hereticks , who could not be sufficiently quelled by a Woman and a Child , as the Commission of that Envoy imported . This did the Protestants some kindness ; for it procured an Edict in their favour , prohibiting any to molest them , or to search their Houses under pretext of discovering their Assemblies ; the Prisons were opened , their Prisoners set at liberty , and their banished recalled . This Artus was condemned to make the Amende honorable , and to perpetual Imprisonment in the Chartreux . The Edict of July against the Protestants . But that Edict had not the happy effects which might have been expected , because of the opposition that the Enemies of the Protestants made against it . For in July following another Edict past in Parliament , the King being present , prohibiting the Exercise of any other Religion except that of the Church of Rome , granting nevertheless pardon for what was past , and ordering that for the future such as should be accused for Religion , should onely be sentenced to banishment . At the same time , another Edict past for holding a Conference at Poissy betwixt the learned of the one and the other Religion , A conference appointed at Poissy betwixt the Roman Catholicks and the Protestants . to see if the differences between them could by any fair means be accommodated . Several Catholicks opposed it , as being a Compliance below the Church to enter the lists with Hereticks ; but the Cardinal of Lorrain who hoped to make his parts conspicuous on that occasion carried it . The Pope was somewhat satisfied with the Edict of July , and had been more if the Punishment of the Hereticks had not been mitigated to Banishment ; but he was extremely offended at the Conference of Poissy and the Edict which appointed it . He wrote to the Bishops of France , that they had no power to make Edicts in matters which concerned Religion in General , that if they adventured upon any thing beyond the reach of their power , he would rescind all that they did , and proceed against them with all rigour . The Bishops did not much value these threats ; onely assured the Pope that he had no reason to be startled at that Assembly . France was an inexhaustible Spring of Troubles for the Pope , from thence they flowed daily upon him ; and it was no small vexation that he received from the Estates at Pontoise , wherein upon a debate that arose about Precedence betwixt the Princes and the Cardinals , it was judged in favour of the Princes against the Cardinals . The Cardinals of Chatillon and Armagnac yielded , but those of Tournon , Lorrain and Guise withdrew , murmuring against their Collegues . This vexed the Pope indeed , but he was touched to the quick by a letter which he received from the Queen Regent dated the fourth of August , wherein she bewailed the sad condition of France , and the numerousness of the Protestant Party , proposing to him some Remedies which she thought necessary in the present juncture ; that is , several Reformations which according to her Judgment ought to be made in Religion , as the taking of Images out of Churches , the abolition of the use of Spittle and Exorcisms in Baptism , the allowing the Cup to the People , the restoring of the Vulgar Tongue in Divine Service , and the abrogating of the Festival of Corpus Christi which had onely been instituted for Pomp. This Letter was written with great freedom , and John de Monluc Bishop of Valence , was thought to have had a hand in it . The Pope perceived that it was now high time to make use of Remedies , and that it was necessary to hasten the Council . There was none now but the Emperour who opposed it , but in the very nick of time , the Pope received his consent in terms of great submission to that Assembly , which was very Joyfull News . The Italian Bishops had no great mind to goe to the Council ; but the Pope forced them to it , that they might Counterbalance the Spaniards and French , who as he said , came onely to subject the Pope to a Council , an attempt which the Italians , who have the honour to have the Head of the Church in their Countrey , ought vigorously to oppose .

The tenth of August was the day appointed for opening the Conference at Poissy ; fourteen Protestant Ministers who were secured by ample Pasports appeared there , of whom the chief were Peter Martyr and Theodore Beza . They presented to the King a Petition containing four Heads : First , that the Controversies might be handled by the word of God : Secondly , that the Bishops might not be the Judges : Thirdly , that the King and his Council would preside ; and Fourthly that all that past might be committed to writing . 〈…〉 granted them that the King should 〈…〉 , and the Queen appointed one of the 〈◊〉 Secretaries of State of Officiate as Clerk . In opening the Assembly the Chancellour made a long Speech , wherein he touched at several things which did not please the zealous favourers of the Court of Rome , because he concluded that they might very well be without the Aid of the Pope and of a General Council , in determining differences in Religion , and that many times Provincial Synods had rectified the mistakes of General Councils . As an Instance of this he named the Provincial Synod held in France by St. Hilary which rejected Arianism that had been established by the General Council of Rimini . He farther added that the Protestants were Christians , having the same Baptism , the same God , and the same Jesus Christ as Catholicks had , and that therefore People must shake off that prejudice and aversion that they entertained against them . This Speech , whereof a Copy was sent to the Pope , so highly displeased him , that he threatned to summon the Chancellour to appear before the Tribunal of the Inquisition as a Heretick . The Cardinals of Tournon and Lorrain demanded a Copy of it , but it was refused them . This whole Conference was spent in Harangues on both sides , in discourses and private conferences , to try if any Points could be couched in general terms which both Parties might sign : and particularly much time was taken up in minuting , changing and correcting a Decision concerning the Eucharist that might give content to all , but they could not succeed in it . One day the Cardinal of Lorrain thought to have gravelled Theodore Beza concerning that Point of the Eucharist , he asked him briskly if his Collegues and he would refuse to Subscribe to the confession of Ausburg as to that particular ? This put Beza to some stand , but presently recollecting himself , he demanded of the Cardinal , in whose name do you ask that question , will you and your Collegues Subscribe to that confession in all Points ? The Cardinal was now put to it as well as he , and having nothing to reply , Beza thought it not fit neither to give a more particular answer . And so all the Pains that was taken to adjust matters was fruitless , and the conference had no success . A Spanish Jesuite of the Retinue of the Cardinal of Ferrara signalised himself in that conference by his boldness . He rose up in the midst of the Assembly , and without any warrant to speak , fell foul on the Protestants , and censured the Queen very sharply , in that she medled with matters which did not at all concern her . She took that insolent rebuke very ill , but then was the time of suffering . The Pope was much pleased to hear that the conference had produced no effect .

The Parliament was informed that the Cardinal of Ferrara , who came into France whilst the conference was on foot , had amongst his other Instructions one Point which concerned the revocation of the Articles of Reformation decreed in the Estates of Orleans the year before , and especially of that which prohibited the carrying of Money to Rome under pretext of Annates , or of obtaining of Dispensations and Benefices . They therefore speedily confirmed the Articles of the Estates at Orleans , and when the Legate according to custome presented his Commission to be confirmed in Parliament ; because without that confirmation he could not discharge the Office of Legate , it was even refused him . Nor was that rub the onely trouble he met with ; several Libels were published against him , wherein they raked up the horrid Impurities of Alexander VI. Father to Lucretia Borgia the Cardinal's Mother , and the enormous filthiness of this Lucretia who lay with her Father , and was , as they said , Daughter and Concubine to that Pope . The Legate perceived the times were not fit to carry things by Authority , and therefore he made it his business to win the minds of the People , and went so far in that complaisance , that he even conversed frequently with Huguenots , ate with them , and went to hear their Sermons : but that way did not take as he expected .

The Conference of Poissy did good to no Party : It made the Queen be ill thought of by all the Princes of her Religion , so that she was fain to make her Apology to the King of Spain , who was a mortal Enemy to those ways of tampering , and was on all occasions for her employing Fire and Sword as he had done . But above all , she had much adoe to Justifie her self to the Pope : and yet when she made her Apology to him , she had so much confidence as to desire favours of him ; for she endeavoured to procure the Legation of Avignon for the Cardinal of Bourbon . That proposal was rejected with much indignation , and some great design was suspected to be hid under it , which perhaps , was true enough . The French Bishops continued at Poissy after the breaking up of the conference ; and though they had promised not to meddle with any thing but civil matters , yet they discoursed of restoring the Communion under both kinds . The Cardinal of Lorrain was even of that opinion , and he brought over with him the Legate Cardinal of Ferrara . They resolved to demand it of the Pope , and the Legate wrote to him about it . The Pope seemed at first to condescend ; but having called together the Cardinals , they withstood it tooth and nail , insomuch that they called the French who had made that demand , Hereticks and Schismaticks : He therefore referred the matter to the Council . The Cardinal of Ferrara who was a man of a very prudent Conduct , and extreme civil to all People , even to the Enemies of the Church of Rome , prevailed so far by his solicitations , that he obtained a Suspension of the Decrees of the Estates at Orleans , and permission to execute his Legation in France , giving a counter promise that he would not make use of that permission . The King was willing to grant him that for formalities sake , and that he might not have the disgrace of returning back without being owned for Legate . The Chancelour would not sign the Brief , so that it was onely signed by the King , Queen and chief Officers of the Crown .

Suspicions of the Court of Rome against the French . This demand of the Cup made by the French , with the other matters that had past in France , began already to beget some Jealousies of them : and these suspicions were much encreased by news that came from Germany which gave out that the German Protestants had received Letters from France exhorting them to continue steadfast in their Doctrine , with promises that the French would favour them in the Council . The French Ambassadour did what he could at Rome to remove these suspicions ; but to no purpose , for some new thing happened daily that revived the discontents and heartburnings of the Court of Rome : as was the business of Tanquerel . John Tanquerel a Batchelour in Divinity , published Theses to be defended , wherein he maintained , that the Pope as Vicar of Jesus Christ , could deprive Princes that were disobedient to him of their Dignities and Kingdoms . For this he was by a Decree of Parliament , sentenced to make a publick Recantation , and because he had fled for it , the Bedle appeared for him , and made the Recantation in his name . This ruined the Reputation in his name . This ruined the Reputation of the French for good and all ; for to deny the Pope's Power over Kings in Temporals , is lookt upon at Rome as a capital Heresie .

After many delays , the Pope will have the Council opened . Whilst affairs were in this condition , the Legates and many Bishops had been at Trent ever since Easter expecting the opening of the Council , which was put off from day to day . The Pope at length , being weary of these delays , resolved to order the opening of it . For that end he called a Congregation of Cardinals , and laid before them the necessity of opening the Council ; of which they were very sensible , and thought it not fit to make longer delay . The Pope had appointed the Cardinal of Warmia to be a Collegue to the first two ; and to these three he added two more , to wit , Cardinal Simoneta a learned man in the Canon-Law , and Cardinal d' Altemps his Nephew by the Sister . Simoneta came to Trent the ninth of December . He was a zealous Protector of the rights and pretensions of the Holy See , and was therefore entrusted with all the Pope's Secrets , at parting he received Orders to open the Council so soon as he arrived at Trent : but upon his coming , he received a Letter from the Pope which ordered him still to defer it till after New-Years day . The Emperour's Ambassadour at Rome had procured this delay , that the Ambassadours whom his Master was to send to Trent might be there at the opening of the Council , and he hoped that they might get thither by the middle of January . About that time two Polish Bishops came to the Council : they visited the Legates , and acquainted them that the Lutherans used great endeavours to bring their pretended Reformation into Poland ; that the Bishops could not leave their Churches , because they were obliged continually to watch the motions of these Enemies ; that therefore they demanded that they might have their place and votes in the Council by Proxies : and seeing these two Bishops were charged with Procurations from all the rest , they required that they two alone might have as many Votes as they had Procurations . The Legates answered them civilly in general terms , but without determining any thing , and in the mean time wrote to Rome concerning this matter . The Pope thereupon called a Consistory , where the Proposal was rejected , because it was contrary to what had been resolved upon at the very first Convocation of the Council of Trent ; that the Votes should not be taken by Nations but by Heads . There was danger they knew , in granting what they demanded , because all other Nations would have expected the same privilege : So that the Italians who carried it far by number would quickly have lost the plurality of Votes , which was always on their side . The French were to be in the Council with their Maxims of the Sorbonne , and Parliament of Paris , which are so inconsistent with the Grandure of the Holy See . The intentions of the Spaniards were not much more favourable to the Court of Rome : for they already slyly proposed that the power of the Pope ought to be limited , and the privileges of the Bishops enlarged . And especially they were for taking from the Pope the power of dispensing with the Canons of the present Council , because that otherwise it would be in vain to hold Councils at so great charge for making of Canons , which after all , would bind the Pope no farther than he should think good . Hence it was concluded , that if the Poles , Spaniards and French were permitted to sit in Council by Proxies and Procurations , there would be as many Votes as there are Bishops in those Kingdoms , who would carry all by plurality of Votes , and that the Italians would be too weak to hinder the Tramontani from over-ruling the Council . For all these reasons the Poles got no other satisfaction but fair words : they promised to doe any thing else they pleased to demand for their generous Nation ; but that they could not alter the Methods that were fixed by the Council , of which the present Assembly was but a Continuation . The Poles made no great bustle about the matter , but within a few days after , under pretext of business at Venice , they went away and returned no more .

The Pope discovering more and more the designs that the Tramontani had of clipping the Wings of his Authority , thought it not convenient any longer to delay the opening of the Council , but that it behoved him to endeavour to break that Party before it was more firmly linkt and knit together . He therefore wrote to Trent that they should open the Council so soon as the Marquess of Pescara the Ambassadour of Spain , the Emperour 's and Venetian Ambassadours should arrive ; but that if these Ministers did not come before the middle of January , it should be no hinderance to the opening of the Council .

THE HISTORY OF THE Council of TRENT . BOOK VI.
PIUS IV.

ACcording to the Orders sent by the Pope ; the Legates on the fifteenth of January held a General Congregation concerning the Preliminaries of the ensuing Session and of the opening of the Council . They prepare for the opening of the Council . In that Congregation , the Cardinal of Mantua made an excellent Speech touching the necessity of holding a Council , after which the Briefs and Bulls of the Pope were read ; wherein besides a Command to hold and open the Council , there were several Regulations about the forms that ought to be observed in it ; and one particularly relating to Precedence ; which did appoint that the Patriarchs having taken their place after the Cardinals , the Archbishops should sit next , and after them the Bishops : but for avoiding of all Debates which have been occasioned upon account of the Dignities and Privileges of Sees , the Prelates should be placed according to their Seniority in promotion , without any respect to Dignities enjoying Primacy . Bartholomeo di Martiri Archbishop of Braganza in Portugal vigorously opposed this Order , and could not endure to think that a Pettie Archbishop of Rosano who has not one Suffragan , or of Nissia , a little Isle in the Archipelago , or of Antivari in Sclavonia , who have not so much as one Christian under their Jurisdiction , and never reside in their Sees , should take place of Archbishops of Churches having Primacy , considerable in Dignity and Privileges , for no other reason but that of Seniority in Promotion . However he must bear with that , and be satisfied with a Declaration in writing , importing that it was not the intention of the Pope nor Council to derogate from any man's rights , but that after the Council was over , all men might enjoy their several Privileges . In the same Congregation the Spaniards urged that the Council might be reckoned a Continuation of the former , and so declared in the first Act of the Session . The Bishop of Zante in compliance with the Interests of the Emperour and King of France who desired the contrary , opposed it : but though the Legates of Mantua and Warmia seconded the opinion of the Bishop of Zante ; yet the matter past according as it had been resolved at Rome , and ordered in the Bull. When the Congregation was ended the Legates drew up and framed the Decree of Commencement , into which these words were cunningly inserted , proponentibus Legatis , whereby it was ordained that no proposal should be made but by the Legates . This was a great fetch of Roman Court-policy , to exclude the French and Spanish Bishops , who , as the Pope well foresaw , had Proposals to make which tended to the diminution of his Authority , and the enlarging of Episcopal Dignity . They were apprehensive likewise of Princes , who by their Ambassadours might make Overtures disadvantageous to the Holy See , and contrary to its Interests : and therefore it was thought fit that they , who had any thing to propose , should apply themselves to the Legates , without whose consent nothing could be examined in the Council . By this means the Court of Rome was secure from the attempts of those that had no great kindness for it .

Session 17. the first of the third Convocation . The Session was held January the eighteenth , wherein the Decree was read , and the question put : Fathers , are ye pleased that from this day forward , all suspension being taken off , the General Council of Trent be Celebrated , for handling in order the matters which the Legates shall think fit to propose to the Council ? The Answer was placet ; But four Spanish Prelates , the Archbishop of Granada , the Bishops of Orense , Leon and Almeria , objected against the clause proponentibus legatis , and desired an Instrument of their Protestation ; but they went on for all that , and the Legates having written to the Pope about it , he would by no means have that clause omitted . This business made a great deal of noise in the Sequel , but at present the Spaniards bore the brunt alone . The next Session was assigned to be the twenty sixth of February .

At the same time they held an Assembly in France at St. Germain en Laye . The Assembly of St. Germain which makes the Edict of January in favour of the Protestants . It began the seventeenth of January , and the Affairs of the Protestants who encreased mightily , were taken into consideration . The Queen of Navarre , the Prince of Conde and Admiral Coligny , with many other great Men and Persons of Quality made powerfull instances in favour of the Protestants , that they might have liberty to exercise their Religion , which they already did without permission . To this Assembly was called a select number of Presidents and able Judges from all the Parliaments in France : and the Chancellour made a Judicious and Pithy Speech at the opening of it for the mitigation of Rigour . To those who stood stiff for the severity of the Penal Edicts , he applied that saying of Cicero ; that Cato behav'd himself among the Dregs of Romulus , as if he had been in the Imaginary Commonwealth of Plato , concluding thence , that it was necessary to accommodate themselves to the times . This Opinion prevailed , notwithstanding all the opposition of the Persecutors , and the Edict of January past , which allowed Liberty to Protestants to assemble out of Towns , and to live in the exercise of their Religion under the Kings Permission , provided they taught nothing contrary to the Council of Nice , and the Old and New-Testament . The Parliament of Paris strongly opposed the Confirmation of this Edict : but the King commanded it to be done , declaring however , that the Edict was but granted in provision untill the holding of the General Council . The Protestants by this Edict took Courage to shew themselves , and it is reported , that at that time there were two thousand one hundred and fifty Congregations , which they called Churches in France .

The Council begins with Books to be prohibited , and the Indices Expurgatorii ; the Original of these Indices Expurgatorii . They began now to fall to business at Trent , and the Legates held a Congregation the seven and twentieth of January , wherein three Proposals were made : the first , concerning the Examination of Books that had been written since the breaking out of Heresie , which were to be suppressed Secondly , whether it was necessary to cite all those who were concerned in such Books to appear before the Council ; and thirdly whether it was necessary to invite the Hereticks to Council , and grant them a Safe-conduct . The first point which related to the discharging of Heretical Books to be read deserved to be well weighed , because the matter was new . It is true , that in the ancient Church they who read the Books of Authours who were Enemies of the truth , were censured . The Enemies of St. Jerome objected it to him as a Crime that he read and perused the Books of Pagan Writers ; and he blames himself for it , saying that he was one day lasht before the Tribunal of Jesus Christ for his Curiosity in having read too much of the Works of Cicero . However they made no Catalogue of the Books of Hereticks or Pagans , that they might forbid the reading of them . The Emperours , indeed , did sometimes prohibit the Books of Hereticks . Constantine prohibited the Arian , Arcadius the Eunomian and Manichean , Theodosius the Nestorian , and Martian the Eutychian Books ; but the Bishops medled not with them , or , at least , did not take that Authority upon them . In process of time it became a Custome to make Catalogues of Apocryphal Books , that is , of Books not approved , as Pope Gelasus did in the end of the fifth Century . But the reading of those Books was not prohibited , it served onely for a Rule to Believers , that they might know what to rely upon , and what Doctrines they were to receive or to reject . Since the year eight hundred , there are some instances of Books condemned and prohibited by Popes ; but these instances are very rare . Martin the fifth condemned Wiclef and his followers , and excommunicated them ; nevertheless he did not prohibit their Books . Leo the tenth was the first that brought this Custome most in vogue ; for he prohibited the reading of all Luther's Books under pain of Excommunication , and since that , the Popes in the Bull de Coena Domini have excommunicated all those who read the Books of Hereticks . In these Prohibitions the Books were not named but in General , which caused nothing but Confusion , because dangerous Books not being distinguished by the Names of their Authours and Titles , one must read over a Book to know whether it were dangerous or not , and when that was done , it was not so easie a matter to agree upon the nature of what was contained in it , some maintaining the Book to be good , and others condemning it as naught . Therefore the Inquisitours in several places , for their own use made Catalogues of Books , the reading of which they intended to prohibit . Philip King of Spain , a zealous Prince against the progress of the new Doctrine , in the year 1558. caused all the Books which the Inquisition of Spain had prohibited , to be reduced into a more ample Catalogue , and to be printed . Pope Paul IV. did the like at Rome , and these are the ancientest and most famed Indices Expurgatorii . Pope Paul , besides Authours who were reckoned Hereticks , put into his Catalogue many of the Works of Authours that past for Catholicks , nay and some Books which had been approved by Popes , amongst others Erasmus his Annotations upon the New-Testament , which Leo X. had approved by a Brief . That Pope , who was so zealous for the greatness of his See , crouded into his Catalogue all the Authours whom he did not think favourable enough to the Holy See of Rome . They proceeded so far as absolutely and under pain of Excommunication to prohibit the reading of all Books which had been printed by some certain Printers who were named , to the number of threescore and two : and the Penalties annexed to these prohibitions were so rigorous that the Pope reserved to himself the absolution of those who had incurred the Censures of prohibited Books . The excessiveness of this rigour was complained of to Pope Pius IV. who referred the whole matter to the Council .

As to this point Opinions were extremely divided , some thought it not fit to meddle with what had been done by Paul IV. that that Catalogue was absolutely to be approved , and that so , the best Course that could be taken , was not to take any notice of that affair . What matter , said Luigi Beccatelli Archbishop of Ragusa , though amongst those prohibited Books there may be some Works that deserve not to be blasted , there are but too many Books in the World , since printing hath been invented ? It were better to prohibit a thousand good Books , since there would be enough still remaining , than not to prohibit a bad one . But Thomas de St. Felix Bishop Della Cava was of a contrary opinion ; his Judgment was that that matter ought to be re-examined , because the Tramontani , especially the French abhorred every thing that came from the Tribunal of the Inquisition ; on the contrary they had a Veneration for a Council ; and therefore they did not regard what was done by the Inquisitours , if the Council did not interfere ; besides , said he , Laws which cannot be obeyed , must of necessity be moderated . Indeed , so great was the number of prohibited Books , and the Censures so severe , that it was impossible but many must needs incur the pain of Excommunication . They who were of this opinion urged also , that in the Examination of Books , care should be taken not to condemn men without a hearing , and that therefore the Parties concerned , if they were Catholicks , ought to be called ; or the Authours themselves if they were still alive , or their Relations who concerned themselves for the reputation of the deceased ; some were even for calling the Protestant Authours before their works were condemned . As to the matter of the Safe-conduct , opinions varied also . The Cardinals of Mantua and some others were for granting a very General one with an oblivion for all that was past : but the Inquisitours of Spain withstood that , because they were apprehensive , that under the protection of a General Safe-conduct and of that oblivion , a great many Spaniards might pull off the Vizard , and declare themselves Protestants . As to the first of these points , it was resolved that the Expurgatory Index should be reviewed , and that Deputies should be named for that effect . As to the second that notice should be given to the Parties concerned , that the Council was ready to hear them , if they had any thing to say in their own Justification : and the matter of the Safe-conduct was referred to another time .

February the fifth Cardinal Altemps the Pope's Nephew , and fifth Legate arrived , and next day after Anthony Muglits Archbishop of Prague the Emperour's Ambassadour was received into the Congregation . He pretended to have place above Cardinal Madruccio , as representing the Emperour , but he could not obtain it . The ninth of the same month Ferdinando Martinez Mascarenno Ambassadour of Portugal , was received into the Council , which must needs have the patience to hear the long Harangue of a certain Doctour of his Retinue , in praise of the King of Portugal and the Ambassadour : and on the Eleventh the Sieur Sigismund Thurin the Emperour's second Ambassadour was received with very little Ceremonies . In this Congregation of the Eleventh , Commissioners were appointed to frame the Index Expurgatorius , to wit , George Draskevits Bishop of the five Churches , the Emperour's Ambassadour for the Kingdom of Hungary , John Trevisano Patriarch of Venice , four Archbishops , nine Bishops , one Abbot and two Generals of Orders .

In the Congregation held the thirteenth of the same Month , the Emperour's Ambassadours presented five Demands in writing ; first , that they would spare the terms of Continuation of the Council ; secondly , that the next Session might be delayed ; thirdly , that they would not irritate those of the Confession of Ausburg by condemning their Books ; fourthly , that the Protestants might have a very ample Pasport , and fifthly that Secrecy might be enjoyned in all matters that should be handled in the Congregations . These five Demands were by the Legates in a manner granted to the Ambassadours . At the same time George Draskevits Bishop of the five Churches the Emperour's third Ambassadour , whom he sent from the Kingdom of Hungary , appeared at Trent in Quality of Ambassadour : he had been in the Council ever since January , but onely with the Character of a Bishop : but in the twenty fourth of February he presented his Commission , and made a long discourse in praise of his Master ; at that meeting the Fathers of the Council were strictly enjoyned Secrecy . About the same time Lewis de Saint Gelais Lord of Lansac was sent from France Ambassadour extraordinary to Rome . The Pope was highly offended that the liberty of preaching had been granted to the Protestants by the Edict of January : and Lansac's chief instructions were to excuse that action . He cast the blame upon the misfortune of the times , and the impossibility of resisting so great a Torrent , because most of the great men were engaged in that Party . The Pope was not satisfied with these excuses , saying that he prayed God to pardon those who were the cause of so many evils . The Designs of the Queen of France for Reformation . However designs of afar different nature were hatching in France , which would have netled the Pope much more , if he had known them . The Queen mother sent for the Bishops of Valence and Seez , the Doctours Bouthilier , Dispense , Picherel and Maillard famous Divines , to St. Germain , that they might consult together about the Reformation of the abuses committed in the use of Images . They were all almost of opinion to prohibit the making of any Images of the Trinity , the rendering any worship to other Images , and the carrying of any in procession but the Cross . But Nicholas Maillard Dean of the Sorbonne did so oppose it , that in this nothing was concluded , no more than in the Conference at Poissy . These Conferences were procured by the King of Navarre , who favoured the Reformation , but durst not advance towards it but slowly . The Princes of the House of Guise , the Duke and Cardinal of Lorrain entertained far contrary designs to those of the King of Navarre ; but by an action they did at this time they easily made it appear that what they would have had taken for Zeal in Religion , was a piece of carnal Wisedom , that struck at the Ruine of a Party which obstructed their way to the Crown . They had a Conference at Saverne with the Duke of Wirtemberg a Protestant Prince and his Ministers . In this Conference they endeavoured to engage the Lutherans in a League against the Protestants of France , under Pretext that the Huguenots of France were Zuinglians , and different from them in their opinion about the Eucharist . These so Catholick Princes were very willing to enter into Alliance with Hereticks , that did them no prejudice , for the Ruine of other Hereticks who stood too much in their way as they thought ; but this Conduct created Jealousies in the minds both of the Pope and King of France ; because the King did not like that his Subjects should entertain secret Conferences with Strangers , and the Pope understood not the meaning of such a Union with Hereticks : and it was this interview , perhaps , that gave occasion to the Rumour that was spread abroad afterwards , that the Cardinal of Lorrain was very favourable to the Confession of Ausburg : Nay it was reported of him that after the Council of Trent he should have said , that he had been once of the opinion of that Confession , but that after the Decisions of the Council he had submitted . February 26 the Session was held , wherein there happened some Contests about Precedence betwixt the Portuguese and Hungarian Ambassadours . The Ambassadour of Hungary as being a Bishop sate on the left side of the Church , on the Legates right hand , in the rank of the Prelates ; and he of Portugal , as being a Secular , sate on the right side , where the Ambassadours and Oratours of Princes were placed . So that in that respect they could have no Debate ; but the Quarel broke out when the Instructions of their Princes were to be read . To compose this difference without prejudicing the Rights of the Parties , the Council ordered that these Instructions should be read according to the order of time wherein they had been presented ; and so Portugal went first . Then the Pope's Brief , whereby the matter of the Index was referred to the Council , was read ; for seeing Pope Paul had medled in that affair , the Council thinking that the Holy See had taken the Cognisance thereof to it self , would not undertake the Examination of it without the Pope's permission . Last of all the Decree was read by Antonio Helio Patriarch of Jerusalem , who had officiated . This Decree imported that the matter of the Index was referred to a Committee named by the Council ; that the Council invited all who had made Separation from the Roman Church to peace and reconciliation , promising , in Congregation , to grant them a Safe-conduct , in the same form as had been formerly granted ; and the next Session was appointed to be the 14th . of March . The Legates had written to Rome to know in what form they should invite those who had shaken off the Yoke of the Church , to repentance , and of what extent the Safe-conduct should be . The Pope judged it not convenient to grant an oblivion , nor to invite Hereticks , because it was his opinion , it would be to no purpose ; and for the Safe-conduct , he thought it might be granted in General terms according to the form of that which was given to the Germans in the year 1552. but he would not condescend that the same Safe-conduct should be granted to those who lived under the Inquisition . Nevertheless he would not have that exception mentioned , lest it might be thought that the Pope had not a Supreme Power over the Tribunal of the Inquisition , and that he could not exempt any from the Rigours of the same . In the beginning of March the Council held several Congregations about that point , and at length the Legates brought matters so about , that the resolutions of the Council agreed exactly with the Sentiments of the Pope . So they adjusted the form of the Decree , which was divided into three Articles . In the first the Council granted the Germans a Safe-conduct in the same form as it had been granted them before . In the second this Safe-conduct was extended to all places where they preached , and publickly taught Doctrines contrary to the Doctrine of the Church . In the third it contained this Qualification , that though the Safe-conduct seemed not to extend to all Nations , yet none who would return into the bosome of the Church should be excluded from the benefit of the Oblivion , and that a Safe-conduct was also intended for that third sort . But as to these last , the Council did not perform the promise .

The German Ambassadours were still for pressing a Reformation , and now the Emperour's Ministers desired that they would write to the Protestants to invite them to the Council . As to this last point the Legates answered , that that was the way to expose the Councils Letters to the danger of being used by the Protestants , as the Nuncio's of his Holiness had been already served ; that is , with insolence and indignity . As to the matter of Reformation , having first twitted them with the absence of the German Prelates who of all others stood most in need of being reformed , they resolved to give them some satisfaction . And therefore on the Eleventh of March , the Legates called a General Congregation , wherein they proposed twelve or thirteen Articles relating to Reformation , as concerning Residence , The Legates propose twelve Articles tending to Reformation . Promo●ions to Holy Orders , Priests without a Title , the Plurality of Titles and of Priests in great Parishes , the annexing of Benefices that had Cure of Souls , Unions made under pretext that the Benefices are two small , if taken separately , for the maintenance of a Curate ; daily Distributions , the Validity of Clandestine Marriages , concerning the abuses committed by Collectours or Alms-gatherers , and some other matters of the like nature which shall be mentioned hereafter ; but a Rumour began now to be spread abroad that the Germans stirred again , and levied Soldiers , which alarmed the Council , and for some time put a stop to all Deliberations and interrupted the Congregations : so that the fourteenth of March the day appointed for the Session past without any thing done ; and Easter-holy-days coming on afterwards , was the cause of another delay .

The sixteenth of March the Council gave Audience to Ferdinando d' Avalos Marquess of Pescara Ambassadour from the King of Spain and Governour of Milan ; wherein the usual Complements were mutually interchanged . In the Congregation of the Eighteenth the Ambassadour of the Duke of Tuscany was also received ; in that of the twentieth of March , the Ambassadours of the Catholick Cantons of Switzerland had Audience . And in the Congregation of the sixth of April , the Council admitted Andrea Dudicio Bishop of Tin●● , and Giovanni Colosvarino Bishop of Canadia the Deputies of the Clergy of Hungary . The first of those two Andrea Dudicio is famous not onely for Learning , but also because he turned Protestant afterward , declaring that nothing had more inclined him to that change , than what he had seen in the Council of Trent .

After the Easter-holy-days , the Congregations were held without interruption from the seventh of April untill the eighteenth , and therein the matters which had been proposed in the Congregation of the Eleventh of March , were brought under Debate . In the first place the point of Residence was argued with strange heats ; They enter upon the Point of the Residence of Bishops . the Pope's faction essayed to put a stop to that deliberation , alledging that it was a matter concluded under Paul III and that the care of putting in execution what had been decreed should be left to the People . But the Archbishop of Granada and the rest of the Spaniards were for bringing the matter under examination again , saying that a more effectual means had been proposed to oblige to Residence , And the question if it be of Divine right is again started . This Point is argued with extraordinary heat . than those that were pitcht upon in the first Convocation ; and that was to declare it to be of Divine Right ; which presently put the Council into a Fermentation . Paulus Jovius Bishop of Nocera , who made himself remarkable by the singularity of his reasons , was against the having it declared either necessary or of Divine Right . He alledged that the Churches wherein Bishops resided were not a whit better governed than those wherein Bishops made no Residence ; and was so plain as to urge the Church of Rome it self for an instance which was full of Corruptions notwithstanding that for many ages the Pope had continually resided there . He added that if Residence were declared to be of Divine Right , it would prove a Source of Rebellion ; because when an heretical or scandalous Bishop was got into possession of a Church , the Pope could never be able to punish him ; seeing under pretext that Residence is of Divine Right , he might refuse to leave his See to come to an appearance ; that upon the same Principle the Curates also would find a means to decline the Jurisdiction of their Bishops , alledging that by the Law of God they are placed immediate Pastours of their Flocks . Giovanni Baptista Bernardo Bishop of Aiace stood up for the Divine Right of Residence ; nevertheless he was not of opinion that that question should be debated in the Council , because that since the Council had no other aim but to oblige all to Residence , it would be enough to make a Decree prohibiting all Bishops to discharge any secular office or employment in the Courts of Princes , and that then he was pretty sure that few Bishops would be seen abroad out of their own Churches . The Bishop of the five Churches a Hungarian vigorously opposed this overture , and in a long Discourse made it out that for the space of eight hundred years Prelates had been employed in secular Affairs , not onely with great Success but much Honour also to the Church , and profit and advantage to States , and that a custome of so long continuance ought not to be condemned ▪ Here the Bishops who were for the Divine Right of Residence made it visibly appear that their own hearts deceived them , if they thought themselves prompted on by the Zeal that a good Pastour ought to have for the conduct of his Flock ; for they listened to the opinion of the Bishop of the five Churches with extraordinary delight and gave it great applause . Nevertheless nothing could be more opposite to the design they had of asserting the necessity of Residence ; for it is manifest that worldly Business and Employments wherein Bishops are entangled are the greatest obstruction of Residence . But both they and the Bishop of the five Churches jumpt in one and the same design , to wit , the Advancement of Episcopal dignity : And therefore they liked any thing that made for that , though it were by quite opposite courses ; all maintained their opinions in this cause , with inconceivable heat , and it was no easie matter to gather the Votes that the result might be known . Cardinal Simoneta Legate held Residence to be of Positive Right ; and the Cardinal of Mantua thought it to be of Divine Right ; but durst not declare himself openly , because of the Court of Rome , which could not endure that opinion ; all that he ventured to doe was to affirm that the Plurality of Votes was on that side . He had two Legates who joyned with him : to wit , the Cardinals of Warmia and Seripando . But Altemps the Pope's Nephew was for Cardinal Simoneta ; who both maintained that the Plurality of Votes was for the Positive Right ; for determining this difference a General Congregation was held on the twentieth of April , wherein the Presidents prayed the Fathers to give their Judgments upon the point of the Divine Right of Residence by a placet or non placet , that that Article might speedily be decided . When the Votes were gathered , there were sixty eight , who said absolutely placet for the Divine Right : thirty three who voted absolutely non placet : thirteen who said , placet consulto prius sanctissimo Domino nostro , and seventeen who said , non placet nisi prius consulto sanctissimo , &c. The Plurality was evidently for the Divine Right of Residence , since there were sixty eight Votes to thirty three , besides the thirteen who were for it with submission to the good will and pleasure of the Pope ; so that it ought to have been concluded ; but instead of that the Faction of the Court of Rome started great Debates , and the rest of the Congregation was spent in much confusion , which obliged the Legates to dismiss the Assembly ; and having consulted together , they resolved to acquaint the Pope with all that had past , and to expect his answer . This was not managed so privately , The Spaniards make a great bustle , because the Legates will not frame the Decree of Residence according to the Plurality of Votes . but that it came to the knowledge of the Spaniards who were for Residence Jure Divino ; they openly complained of it , and said that it was a palpable oppression , that though a matter had been put to the Vote , and debated with all the Formalities , yet they would not submit to the Plurality of Suffrages , that they sent to Rome for the Decision of a point , which had been lawfully determined in the Council ; that that violent conduct contrary to the Liberty of a Council had given ground to the blasphemous saying which was in every body's mouth , that the Holy Ghost which presided in the Council came weekly from Rome in the Cloak-back of a Courrier ; and that nothing was more unlike a free Council , than the Assembly at Trent . In a subsequent Congregation they would have brought the matter about again ; but their minds were so exasperated , that they could not be perswaded to speak with moderation , insomuch that the Cardinal of Warmia who presided in it , was necessitated to break off the discourse , and speak of another subject . To busie the Prelates , he proposed that they would think of means of procuring the liberty of the English Catholick Bishops who were in Prison , that they might come to the Council . It was reckoned a very civil Proposal , but very impossible to be effected , because no body was in a condition to constrain Elizabeth , and she was in no disposition to value the Remonstrances of the Council . Whilst the point of Residence was in agitation , other Articles of Reformation which had been proposed by the Legates were also started in the same Congregations . Of Priests without Benefice . The Scope of one of these Articles was to hinder the Ordination of Priests without a Title , that is to say , without a Benefice or an Estate of their own sufficient to maintain them ; because that was the cause of the vast numbers of Indigent and Vagabond Priests . The Ancient Canons provided that no man should be received into the Order of Priesthood , if he had not a Benefice sufficient to maintain him , and a Flock also to take the cure of , that Priests might not be without employment . The Council of Chalcedon amongst others prohibited Ordinations of Priests who had not a call to some Church . Long after that Alexander III. in the third Lateran Council held in the year 1160. ordered that no Priest should be ordained without a Title , unless he had an Estate sufficient to maintain himself . But all this care has not as yet been able to prevent the being of a great many Vagabond and Mendicant Priests ; since the fortunes of such men which are commonly very small being spent , they must needs fall into Poverty . The Spaniards who held Residence to be of Divine Right , made it a Remedy against all Evils , and alledged it would prevent the disorder they had before them ; because then Clerks could not be made without Benefices , nor Priests in Title of Estates without a Flock , and without doubt they were in the right . Others thought it hard that men other ways qualified for Orders , should because of Poverty be rejected , and said , that it was no shame for the Poor Clergy to labour with their hands in imitation of the first Preachers of the Gospel ; that , after all , the Poverty of Priests was usefull to the Church , and facilitated the means of performing Offices for the Dead , which the Rich Priests would not take the pains to doe ; seeing an Itinerane Priest without Benefice or Estate says Mass for the Dead at a much cheaper rate , than they who are rich and have the cure of Souls . This opinion was not well relished , because it would have had Priests , who wanted business in the Church , to labour with their hands for a lively hood , which was not thought suitable to the Dignity of the Character . But another way to prevent the Poverty of Priests was proposed , and that was , that a Bishop should ordain no man a Priest who had not a Benefice or Fortune sufficient for his maintenance ; and to hinder the squandering away of their Patrimonies , that it should be enacted that they could not be alienated : Gabriel le Veneur a French man Bishop of Evreux did with much reason oppose this ; alledging that the temporal Estates of Clergy-men were subject to temporal Laws , which many times appointed Alienation ; and that , though it were not so , yet such a constitution would be a fair means to make Priests remiss in paying their debts .

Of Free Ordinations . The third Article related to the Money that is given when one receives Orders , not onely to the Bishop and his Secretary , but to the Clark or Notary that expedes the Orders . Our Saviour said , freely ye have received , freely give ; for eluding the force of this Law , about the tenth Century they hit upon a knack of distinguishing in Ordination the Collation of Orders , from the Collation of the Benefice ; they would not own the taking of any thing for Orders , because it is a Spiritual Grace which cannot be sold ; but they would be payed for conferring the Benefice which is a Temporal Estate ; and this kind of Simony got footing afterwards under the name of Annates or first fruits , fees , writing , seals , and other titles . The abuse encreased by the institution of Itinerant Bishops , who now-a-days are called Suffragans . They are a kind of Lieutenants to Bishops who perform the Ecclesiastick and Episcopal Functions of the Diocess , whilst the true Bishops in title , who enjoy the Revenues are wholly taken up with the cares of the World . These Suffragan Bishops having no Benefice nor Revenues , were forced for a subsistence to draw Presents and take Alms from those on whom they conferred Orders . The rich Bishops who could easily dispense with Alms , let fly against that abuse , and called it downright Simony . On the contrary the poor Bishops , who were present , wanted not arguments to prove that they might take free gifts from those who received Orders ; they alledged that such as would hinder those free gifts , had a design to extinguish Charity , that the reasons which they made use of struck at all voluntary offerings that are made at Confession , at Mass , and at Funerals . But the strongest of all their reasons was , that Bishops might very well take some small present for conferring Orders , since at Rome vast summs of money were exacted for bestowing the Pallium on Metropolitans : that Pope Innocent III. in the fourth Lateran Council , had decreed , that for the administration of Sacraments , believers should make those voluntary offerings , which at present they would condemn . For all these reasons , one Denis Bishop of Milopotamo in Candia went a great deal farther than any who had spoken before him : He alledged that the Clergy was not near the tenth part of the People , and yet they had the Tithes , which is the tenth part of the fruits of the Earth ; besides a great deal of Lands which they possess that amounts to much more : that if there were poor Bishops , it was not to be imputed to the Poverty of the Church , but to the bad distribution of its wealth ; and that so , it was not to be suffered that the Church should take money in consideration of services , for which she was so well payed ; he added , that it was not enough to prohibit Bishops to take any thing for conferring of Orders , unless they were likewise hindered from making money of those things that goe before Orders ; for instance in the Chanceries of Bishops they granted Letters which were called Dimissorial , whereby a man was allowed to provide himself of an Ordainer where he thought good , and for these Letters money was taken . In like manner at Rome . permissions were granted for money , to receive Orders out of the times appointed for that . And therefore he moved that these abuses might be remedied . The Legates approved of that opinion as to Dimissorial Letters , which onely regard the Bishop's Chanceries : but as to the Permissions that were given at Rome for money , that Court being a noli me tangere , Cardinal Simoneta said , that it belonged to the Pope , and not to the Council to meddle with that . In this manner the Legates , without having the Superiority of the Pope over a Council plainly asserted , acted in all things , as if that Superiority had been unquestionable : for if the Council were above the Pope , it would have power to reform the Court of Rome . Amongst other considerations that were made on that subject , it was moved that Notaries and Clarks who wrote and dispatcht the Orders , ought not to be barred from taking of money ; because it was a mere temporal Office , and such men ought to live by their Callings .

Of daily Distributions . The fourth Article concerned Prebends and the Distributions in Cathedral and Collegiate Churches , which have a Chapter and Canons . Heretofore the Canons lived in common and ate all at one Table : or at least they had a daily Distribution of what was necessary for them . This Distribution was made after Divine Service , where they had assisted at the hours appointed by the Canons : and hence it is that the hours appointed for Prayers have been called Canonical hours , and those that did officiate at the Service Canonici or Canons . In the beginning this Distribution was made in specie or in Money ; but that lasted not long , and instead of those Distributions which were made daily , the Revenues were divided , and each Canon had a Dividend , which Dividends were called Prebends . When Distributions were in use , it made the Canons diligent in waiting on Service , because nothing was given to the absent : but so soon as Cathedral and Collegiate Revenues were divided into Prebends , every one received his Rent though he did no Service , and this made the Canons very negligent in performing their Duties ; which negligence was thought to stand in need of Reformation . It is true , that in some Collegiate Churches the custome of daily Distributions still continued ; but in many places they were so small that the Canons did not think it worth their while to attend for so inconsiderable a Profit . Luca Bisantio , a poor Prelate but a good man , Bishop of Cataro in Sclavonia , was for obliging the Canons by Censures and Deprivation of Profits to be punctual in attending Divine Service . But the Council was of opinion rather to convert some of the Prebends into daily Distributions , that so the profit and advantage might engage the Canons to attendance . The other Points were also examined , and met with no great difficulty , but were regulated as we shall see hereafter .

The Pope is alarmed at the Attempts of the Spaniards , and is distrustfull of his Legates . When the news of what had past at Trent , came to the Pope . The Court of Rome was much startled , both at the heats wherewith the point of the Divine Right of Residence had been debated ; and at the vigorousness of the Spaniards in asserting the Liberty of the Council . The Pope began to be Jealous of and to distrust his own Legates ; particularly the Cardinal of Mantua , who was suspected not to be firm enough to the interests of the Holy See : The Pope likewise had some high words with de Vargas the Spanish Ambassadour concerning the Clause proponentibus Legatis . The Ambassadour represented to him , that if the Clause had been barely , that the Legates should propose , this would not have excluded the Prelates from the liberty of proposing also : but that that proponentibus Legatis in the Ablative case , as Grammarians say , imported an exclusion of all others . The Pope answered disdainfully , that he had something else to doe than to mind cujus generis & casus , that he was no Grammarian , and that these terms were sincerely and without prevarication employed to express his thoughts . In this manner he continued firm in his resolution to alter nothing in that Clause , and endeavoured by some excuses to put off the King of Spain , who had declared , that he did not take it well that words so prejudicial to the liberty of the Council should have been inserted in the Decree . The Point of Residence was consulted at Rome in several Congregations of Cardinals and Ambassadours ; they saw very well into the consequences of that opinion which the Spaniards would have had asserted : and the Cardinals who held Bishopricks knew that to oblige them to Residence by the Law of God , was the way to rob them of their Benefices , seeing they always attended at the Court of Rome . But , which is more than all , the Court of Rome perceived very well that the intention of the Bishops was to make themselves absolute over their Flocks , and Independent of the Holy See . However the Pope dissembled that he knew any thing of the design of the Bishops , and acted as if the Question had onely been about obliging the Bishops to Residence . And therefore having well weighed the matter , he declared that he ●●erved it to himself , that he would issue out a Bull enjoyning all Bishops to Residence under pain of losing their Bishopricks : that he alone had the Power of putting the Laws of Jesus Christ in execution by that command that was given to St. Peter , seed my Sheep , and that after all , it was no great matter on what Right Residence was founded , whether Divine or Ecclesiastick , provided it was observed . At the same time he resolved to give an answer to the Letters which he had received from Trent : And wrote , in effect , that he intended no encroachment on the Council , but that it might enjoy the liberty that it always had , provided the Council owned him for its Head , and rendered that respect which is due to the Holy See . Some consultation there was about sending of other Legates , and recalling the Cardinal of Mantua ; but they durst not , because of the great reputation of probity that he had acquired . The Pope was in good hopes that he would himself desire liberty to lay down , when he found how ill they were satisfied with him . In the mean time that he might by all means secure himself against the designs of the Spaniards upon his Authority , he earnestly solicited the Venetian and Florentine Ambassadours to deal with their Masters , that they would order their Ministers who were at Trent to stand up for the Authority of the Holy See . For obtaining the favour of the King of France and of the French , he promised to make the King a present of an hundred thousand Crowns , and to lend him an hundred thousand more . And at the same time he dispatched to Trent a fresh recruit of Italian Bishops who were at Rome , that they might in some measure counterbalance the Spanish Faction .

The Legates having received the Pope's Answer , proceeded according to the instructions that were sent them from the Court of Rome . The thirteen Articles of Reformation proposed by the Legates were reduced to nine in making of the Decree ; because with consent of the Prelates the Legates had struck out those which concerned Clandestine Marriages ; and of their own head or by Orders from Rome cut off that which related to Residence . The Decrees were read in the Congregation , where the omission of the Article of Residence raised a new tumult and made a great noise , but it came to no Head ; for the Legates having made some bald excuses that did not take , refused with Authority to meddle with that point at present . At length the fourteenth of May , the day appointed for the Session came ; wherein nothing was done , but the Prorogation of the Session to the fourth of June . Session . 19. The Marquess de Pescara Ambassadour of Spain made great instances , that in that Session the Council might be declared to be a Continuation of that of Paul and Julius ; but the Emperour's Ambassadours opposing it with the same vehemency , nothing was concluded therein . Immediately after the Session the Marquess of Pescara parted from Trent under pretext of going to give orders about the affairs of his Government ; but in reality to shun Competition with the Ambassadour of France who was shortly to arrive . In effect , two or three days after Lewis de S. Gelais , Lord of Lansac chief of the Embassie arrived , and was followed some days after by Arnold Ferrier President of the Parliament of Paris , and Guy Favre Sieur de Pibrac , who was also a gown man . Misunderstandings betwixt the Pope and the Council , and of the Fathers of the Council among themselves . Misunderstandings grew daily more and more betwixt the Court of Rome and the Council , for amongst other things that troubled the Pope , he was vexed at the Cardinal of Mantua , because he had not complied with the intentions of the Marquess of Pescara and the Spaniards who urged that the present Council might be declared to be a Continuation of the former . The Emperour who was informed of those fresh instances of the Spaniards , had sent orders to his Ambassadours to leave the Council so soon as the Spaniards should have obtained the Declaration which they demanded ; and the Pope imagined that that clashing would have broke up the Council , which was the thing in the world he most desired ; so that he complained of the Cardinal of Mantua , that he had joyned with the Spaniards in the point of Residence , and had opposed them in the matter of the Continuation of the Council ; which made it apparent that he was always engaged in opposite interests to those of the Pope ; and therefore it was brought into consultation a second time , whether the Cardinal should be called home , or at least a new Collegue should be sent him , to whom the chief instructions should be addrest . On the other hand the Council at Trent was as little satisfied with the Court of Rome , as the Court of Rome was with the Council ; so that there was nothing but Discontents every where ; for even in the Council most part of the Prelates were dissatisfied with one another , and many times came to big words . About this time the Bishops of Paris and Capoccio having had a little Debate in an Assembly of Prelates ; the Bishop of Paris asked the Bishop of Capoccio how many Souls he had committed to his Care ; he made answer , five hundred , whereupon the Bishop of Paris replied , that as man to man he was willing to yield to him , but when they acted in name of those they represented , he that spoke onely for five hundred Souls ought not to think himself equal to him who spoke for five hundred thousand .

This was the State of Affairs , when the Ambassadours of France , who arrived some time before , were received into the Congregation of the twenty sixth of May.

The Sieur de Pibrac made a smart and bold Speech ; he condemned the indiscreet and ill weighed Zeal of those that would yield nothing for peace-sake , and by standing up for the Church even to the meanest Ceremonies give occasion to Schism . The French Ambassadours are received they make Speeches , and receive no Answer . He complained pretty openly of the violence that was put upon the Council , in denying it the Liberty which it ought to have ; he blamed the later Councils which had been held some ages before , as wanting that courage and vigour which they ought to have had in withstanding oppression , and in remedying the Evils of the Church , and exhorted the Prelates to take a better course for restoring peace to Christendom . Other Ambassadours at their first Audience made onely some Complements , so that there needed no preparation to make them an answer . But this extraordinary Push of the French put the Council so off of the hinges , that the Promooter had nothing to say to them , and thus the Congregation concluded with that harangue . Next day the same Ambassadours waited on the Legates to shew them their commission ; and demanded forthwith that the Council might be declared a new Council , and that these words might be struck out of the Bull Indicendo continuamus , & continuando indicimus , which contained an ambiguous Sense unbeseeming Christians . But this Remonstrance made no impression , the Legates answering that their power did not extend to declare this Council to be a new Council , but onely to preside therein , according to the Will of the Council . These last words of the Legates answer were quickly spread abroad , and made the Archbishop of Granada and the rest of the Spaniards say , that the Presidents spoke in the Style of very humble Servants , but acted like very absolute Masters . Afterwards the French joyned with the Ambassadours of the Emperour and King of Spain , to demand that in the next Session the point of Residence which had been sufficiently examined , might be decided ; they said farther , that the King their Master expected that they would treat of Reformation , before they entered upon Doctrines , that the Protestants seeing the Church reformed , might more easily submit to the Decisions that should be made in points of Doctrine . Cardinal Simoneta answered cunningly as to the matter of Reformation , that it was a difficult point , seeing it depended in part on the correction of the abuses which Princes committed in bestowing of Benefices ; and that he had a special regard to the Kings of France , who by virtue of a Concordat made betwixt Leo X. and Francis I. had the Nomination to all great Benefices , by which Canonical Elections were abolished . This work spoken in season stopt the Ambassadours mouths as to that particular ; but it was not so easie a matter to stop them as to the point of Residence , the excuse that the Legates made being evidently ridiculous ; for they alledged that the matter had not been sufficiently examined , and nevertheless nothing was ever more ; what the Legates reason wanted in force it had sufficiently in Authority which gives weight to the weakest Arguments ; so great was the sharpness of contention that this matter occasioned , that many of the Bishops beyond the Alpes were just ready to protest and be gone . But the Ambassadours , who saw that the Pope desired no better than to have an occasion to break up the Council , put a stop to that ; they thought it more expedient to wave the points of Residence , and of the Continuation of the Council , than to give an occasion of a Rupture . Nevertheless the Pope , who earnestly sought for an opportunity of dissolving the Council , resolved to declare , according to the desire of the King of Spain , that that Assembly was a continuation of the Council of Paul III. and Julius III. that he might thereby give occasion to the Germans and French to protest and withdraw . He therefore sent orders to his Legates to make that Declaration , which troubled them extremely . They had had much adoe to prevail with the French and Germans not to insist any more on that particular , and they could not tell how they could handsomely come off with it . They therefore sent to Rome Cardinal Altemps the Pope's Nephew , to inform him of the State of Affairs , and to take him off of that resolution which would doe great Damage to his Reputation , and occasion the dissolution of the Council .

And now the fourth of June being come , the Session was held ; wherein the Commissions of the Ambassadours of the Archbishop of Salisburg and King of France were read . Cardinal Altemps and the Prelates of the faction of the Court of Rome had been prickt to the quick by Pibrac's harangue ; so that they resolved to give him an answer this Session in a strain capable to repell the Insolence of that prating Barrister , for so they called him . Baptist a Castello Promooter of the Council had orders to prepare himself to answer Pibrac's Speech ; which he did with much sharpness according to his Instructions ; he made an Apology for the precedent Councils which had been blamed , and justified this from the indirect Reflexions that had been cast upon it , of swaying with the interests of Princes , and giving occasion to the snares of the Devil by a damnable compliance . The French were not very well pleased with that Harangue , nor , indeed , was it the Legates intention to please them . Afterwards the Decree was read which was onely an Act giving reasons why the Publication of the Decrees was put off till the next Session , which was appointed to be the twenty sixth of July .

They propose in the Congregations to treat of the Communion in both kinds , and of the Communion of Children . In the Congregation that was held in the Afternoon the same fourth day of June , six Articles were proposed concerning matters to be handled in the ensuing Session ; to wit , the Communion of young Children , and the Communion in both kinds . But they could not tell how to set about it , because these Points had been already handled in the Council of Julius and not decided ; some were of opinion that they should make use of the matter that had been prepared to their hand . They alledged that if they must hear the Sentiments of fourscore and eight Divines that were at Council upon that subject , it would make tedious work ; that therefore it was better and a more compendious way to publish the Decrees which were already framed . Here the Champians for the Divine Right of Residence took occasion to renew the Quarel ; and thirty Bishops moved that the Point of the Cup might be adjusted in a few days , provided the Method that had been proposed were followed , but that it was now time according to the promise that past , to treat of the Point of Residence ; others again warmly opposed it : so that heats beginning to arise , there was like to have been some noise , if the Cardinal of Mantua had not wisely pacified them , promising to treat of Residence , when they came to handle the Sacrament of Orders . But Cardinal Simoneta was not satisfied that the Cardinal of Mantua had inconfiderately engaged to bring the Point of Residence upon the Stage again , without the Pope's Order .

The Germans present their Demands to the Council tending to Reformation , which amaze the Pope and oblige him to look to his own Security . The Germans had some satisfaction in that they had obtained the Communion in both kinds to be handled , and thought it now time to propose the things which they had orders to demand ; so that according to the instructions they had received from the Emperour , they presented to the Legates twenty Articles of Demands tending to Reformation , and particularly to the Reformation of the Court of Rome . In these Memoires they demanded that the number of Cardinals should not exceed twenty six ; that no more Dispensations nor Exemptions should be granted against Common Law ; that the Monasteries should be subjected to the Bishops ; that Plurality of Benefices should be taken away ; that Bishops should be obliged to Residence , without spending time in cavilling about the question whether it be of Divine right or no ; that Ecclesiastical Constitutions should be restrained to a less number , and that they should not have the same Authority as the Laws of God ; that it should not be lawfull to excommunicate any but such as were notoriously guilty of mortal Sin ; that Divine Service should be celebrated in a Language intelligible to the People ; that whatsoever is not contained in Scripture should be left out of Missals and Breviaries ; that Priests and Monks should be reformed according to the standard of the ancient institution ; that somewhat of the Rigour of Positive Laws should be abated ; and that in some places the distinction of Meats , Lent , and the Celibat of Priests should be abolished : And these were the Principal heads of their demands . The Legates designed , if possibly they could , to have supprest that Piece which they looked upon as terrible : and therefore they gave the Ambassadours a fair and soft answer , that these matters could not be moved in the next Session ; but that they would lay hold on an occasion to discourse them with the Fathers of the Council . This answer gave no satisfaction to the Ambassadours : and therefore they sent the Archbishop of Prague by Post for new instructions , that he might make all haste and be back again before the next Session . The Legates on their part also thought fit to acquaint the Pope with what past , and dispatcht to him Leonardo Marino Archbishop of Lanciano ; he had orders to pacifie the Pope , and Court of Rome ; who were much dislatisfied with the whole Council , and particularly with the Cardinal of Mantua : but the Anxiety of the Pope was doubled when he saw the Proposals of the Germans ; he well perceived that the Emperour , in prospect of having his Son elected King of the Romans , liad a design to gain the Protestants ; he dreaded the arrival of the French Prelates who were to joyn with the Spaniards and Germans , and made no doubt but that they would offer bolder Proposals and more prejudicial still to his Authority . And this made him seek out Pretexts for raising of Soldiers , that so he might be in a condition to maintain his Grandure by the Arms of the Flesh , if the Arms of the Spirit did not succeed with him . His design of opposing the Enterprises of the Huguenots who troubled the County of Avignon , afforded him a very plausible Pretext . Under that colour then he levied four thousand Switzers , and three thousand German Horse ; part of them he sent to Avignon , and furnished the Duke of Savoy with money to arm for the same cause . At the same time he endeavoured to form a League amongst the Ministers of the Princes that were at the Council against the Protestants ; but no body would consent to it , all the Princes excusing themselves upon particular accounts ; but using this reason in general , that it would be a hinderance to the Continuation of the Council . That last reason weighed not much with the Pope ; for the Rupture of the Council , which the Princes so much feared , was the thing that he most desired ; and therefore he proposed once again in Consistory the deciding of the Debate about the Continuation of the Council according to the intention of the Spaniards , thereby to vex the Germans and French , and force them to withdraw . In the mean while he complained continually of the manner how he was used , and said that Lansac seemed rather the Ambassadour of the Huguenots than of the King of France : that he and his Collegues fomented the Divisions , and encouraged those that raised the Authority of the Council above the Pope ; an heretical opinion , said he , the Abbetters whereof he was resolved to prosecute and punish . He accused Lansac , of having said that so many German and French Bishops would come , as should be strong enough to drive the Idol from Rome . He found no less fault with the Cardinals of Mantua , Seripando and Warmia his Legates , saying that they deserved not to wear the Hat of a Cardinal . He sent Carlo Visconts Bishop of Vintimiglia with Orders to watch over their proceedings , promising him a Cardinals Cap at the first promotion , wherein he was as good as his word . He gave him a list of those who were faithfull to the Holy See , that he might converse freely and open his heart to them . Visconte faithfully discharged his Commission , and was a very exact Spie in the Council , giving the Pope an account of the least thing that happened there , Cardinal Simoneta had given the Pope advice that the Cardinal of Mantua had engaged himself by an express promise to bring the Point of Residence into play again , this made him break out into an open passion , and he had certainly been transported into some rash action , had not the Archbishop of Lanciano arrived very opportunely , who acquitted himself extraordinary well of his Commission in justifying the Cardinal . He presented to the Pope a Letter signed by more than thirty Bishops , who protested to his Holiness that they had not the least design to lessen his Authority by demanding that Residence might be declared to be of Divine Right . That calmed him a little , and disposed him to receive more patiently the excuses of the Cardinals of Mantua , Seripando and Warmia ; so that by the pains of the Archbishop of Lanciano , the Pope became more moderate , wrote to the Legates in a softer Style , and acquainted the Fathers that he desired the Council might be free , that he was not against the deciding of the Point of Residence , but that they must wait till the heats and animosities were over . In particular he gave orders to tell the Cardinal of Mantua that he was satisfied with his innocence , and that with much Joy he acknowledged it . Poor Camillo Oliva , the Cardinal of Mantua's Secretary , had no share in his Master's reconciliation with the Pope ; for after the death of the Cardinal , as that faithfull Servant waited on his Corps to Mantua , the Pope upon idle and silly Pretexts caused him to be put into the Inquisition , where for many years he suffered inconceivable misery .

The Divines give their opinion about the Demand of the Cup which the Germans made . During this time the Fathers of the Council were employed in examination of the matters which were to be decided in the next Session . The Congregations began the ninth of June , and continued untill the three and twentieth . Threescore Divines were heard upon the Point of the Communion in both kinds : but that being a Point of Antiquity for the knowledge of which School-Divinity was of little use , they came very ill off about it . They all agreed that the Cup was not necessary , and endeavoured to prove , that from the very times of the Apostles dry Communions had been in use , because there is often mention made of breaking of Bread , without speaking any thing of Wine . They proved the same Communions without the Cup also , by the Communion of the Laicks , which is frequently mentioned in the writings of the Ancients ; when any Member of the Clergy fell from his Post , he was turned off to the Laick Communion . Now , said they , seeing that Communion of Laicks is distinguished from the Communion of the Clergy , it must needs have been different ; and that difference could be no other but this , that the Clergy communicated in both kinds , and the People onely in one . A little more knowledge in Antiquity would have taught them that the Communion of Laicks was not different from that of the Clergy , but onely in Order and Place ; for the Clergy received in the Chancel and before the People , and the People afterward extra cancellos , in the Body of the Church . Most of their other Arguments wee disliked by the knowing men , because they urged them without choice or discretion . For instance , some would make it out that it was not necessary to take the Cup , because Jonathan took onely a little honey on the end of his stick , and that his eyes were cleared without having drunk . But amongst all these able Disputants , no man was more remarked for the Singularity of Argument , than James Paiva Andradius ; he alledged that our Saviour gave the Communion to his Disciples in Bread alone , whilst they were yet Laicks , which proved that the Bread belonged to all the Laicks ; but that having given them the Bread , before he gave the Cup , he ordained them Priests , saying , doe this in remembrance of me . At length , he gave them the Cup , saying , drink ye all of it : whence it is clear , said he , that the Cup belongs onely to the Priests . Anthony Mandolphe a Divine belonging to the Archbishop of Prague , having protested that he was of the same opinion with the rest , did nevertheless quite overthrow all the Arguments which they had drawn from Scripture and Tradition . He demonstrated , that dry Communions were unknown to Antiquity , and that by consequence no other Authority could be alledged for them but the Council of Constance ; which must be submitted to , and the Point taken as decided , that Communion under both kinds is not necessary ; but that that was not the question in hand , the matter now under examination being whether the Cup might be rendered to those that desired it ; to the handling of which he thought they ought to proceed , and pass by the other . John Paul , Divine to the Bishop of the five Churches Ambassadour for the Kingdom of Hungary , was of the same mind , and concluded that the Cup might be restored ; but neither of them were favourably heard , since what they said was easily seen to be the Dictates and Instructions of their Master . The handling of the third Article proposed by the Legates raised some noise ; the substance of it was that they who onely received the Bread were not deprived of any necessary Grace . For there were some that did not agree to that , but maintained that he who receiveth the Cup receives more abundant Grace . One Friar Amant of the Order of the Servite , Divine to the Bishop of Sebenico in Sclavonia , went farther than all the rest , and said that according to the Doctrine of Cardinal Cajetan , the Bloud is no part of substance of Man's body , but merely an Aliment ; and that so the Bloud was not necessarily in the Flesh by Concomitance , seeing it does not follow that a Body must of necessity be always accompanied with its Aliment . He added that according to the words of our Saviour , drink , this is my Bloud , that Bloud must have been out of his Veins , because Bloud running in the Veins could not be drunk . This reasoning raised a Tumult , a clashing of Hands , and ratling of the Benches amongst the Divines ; which obliged the Disputant not onely to be silent , but to recant , saying that it had escaped him in the heat of the Dispute . And thus , in spight of all opposition , the Conclusion of the Debate was , that he who did communicate in one kind reaped as much Benefit as he who received in both . Nevertheless , to give some satisfaction to those who maintained that there was more Grace conveighed in receiving both the signs , it was thought fit to have it inserted , that a Believer was not deprived of any Grace that was necessary to Salvation . And this might insinuate that one was deprived of some saving Grace , though it was not of absolute Necessity . But the fourth Article occasioned great contests , and was thus couched : Whether the reasons which had obliged the Church to allow the Bread alone to the Laicks , did still hinder the granting of the Cup. For the Prelates and Spanish Divines had conspired in a wonderfull Union , not to suffer the Cup to be restored to any Nation They made use of all the reasons that had enduced the Church to forbid the Cup , pretending that they were in force still . With much affectation they aggravated the danger of Effusion , and urged how unsafe a thing it was to change a Practice established in the Church , since Hereticks would draw great advantages from thence . Some of them either ignorant in Antiquity , or confident and rash , pleaded that the Church did prohibit the Cup for confuting the Errour of Nestorius , who did not believe that Jesus Christ was wholly and intirely under one of the kinds , adding that since that Errour was broached again by modern Hereticks , they ought to retain the Practice which served to confound that Heresie . What a gross and foul impertinence was this ? For the Cup was not retrenched in the Age of Nestorius , nor did ever that Heretick maintain any dispute about the Real Presence . From Reasons they came to Reproaches , and flew so high as to call all those , who demanded the Chalice , Hereticks . A certain Portuguese Jacobin called Francisco Forier , thinking to make himself remarkable by a piece of wit , said that Princes who desired the Cup for their Subjects , had a mind by the Councils leave to turn Lutherans . This was lookt upon as an insolent expression , because it reflected upon the Emperour . Francisco de Torrez a Spanish Jesuit said with less wit but more Passion , that the Devil did here transform himself into an Angel of light , and that under colour of desiring the Bloud of Jesus Christ , he set the People on to demand a poisoned Cup. God Almighty was at least as much offended by the extravagance of the Jesuit , as the Emperour was by the insolence of the Jacobin : but the Jesuit could defend his assertion by the Authority of Cardinal St. Angelo great Penitentiary , and of the Pope himself ; for not long before these words had been spoken at Rome in a Congregation of Cardinals in presence of the Pope , who past it by very well , and was not at all troubled at it . The German Divines did , indeed , raise a counter-Battery , but the Party was not equal , for there were but very few Germans , and a great many Spaniards in the Council . It is true , there were some Divines of other Nations more moderate , who , in a Spirit of Charity , were for allowing the Cup to those that demanded it , under certain conditions ; nay and some were so condescending as to think it might be granted absolutely and without any restriction .

The Point of the Communion of Children was onely added to swell up the bulk of the matters that were to be decided in the Session , that it might not seem to have done but little , and therefore it occasioned no dispute , all agreeing that it was not necessary . When the Decrees came to be drawn up , the Legates were inclineable enough to have satisfied the Germans in granting them the Cup , under the conditions proposed by Paul III. and therefore in a Congregation of Prelates which was held after the Congregations of the Divines were over , they were for passing by the fourth Point which concerned the granting of the Cup , and for framing Decrees upon the rest , reserving this till another time that they had prepared the Council to admit of it . But the Spaniards suspecting that , made a great stir , and under Pretext that matters must be done in order , they would by no means proceed to the fifth Point untill the fourth were adjusted . This caused some disorder and bitterness among the Prelates , which obliged the Presidents to dismiss the Assembly without doing any thing . These abrupt breakings up of Assemblies were very frequent , The way that Cardinal Simoneta made use of to break up the Congregations , when matters went contrary to his intentions . and Cardinal Simoneta with his address and cunning was the cause of all these Confusions , when he perceived that matters went not according to his mind . This Cardinal was intrusted with the greatest Secrets of the Court of Rome ; and was the chief of the Pope's pensionary Bishops who were not a few , and who had orders to stand by him . He had pickt out some of the wittiest and boldest of them , as the Bishops della Cava and Capo d'Istria , Zambeccari Bishop of Sulmona , and Bartholomeo Serigo Bishop of Castellanetta ; who when they found that matters went cross to the intentions of the Court of Rome ; they interrupted those that were giving their opinions by raillery , and turning their reasons into ridicule . This never failed to occasion Debates , from Debate they fell into Passion , and so all withdrew without concluding any thing .

The Ambassadour of the Duke of Bavaria had been now two Months at Trent in quality of a private Person , because of his pretensions of having Precedence before the Venetian Ambassadour who would not give him the Place . At length , he received Orders from his Master to yield , and was publickly received in the Congregation of the seven and twentieth of June , having made his Protestation that his condescension at present was onely for the sake of Peace , and not to the prejudice of his Master and the other Princes of Germany . He made a very long and a very free Speech , wherein he complained extremely of the Corruption of the German Clergy , and of the Concubinage of the Priests ; and enumerating the evils which had happened upon the retrenching of the Cup , he urged hard that it might be restored to the People , and demanded that Priests who had a mind to Marry might be dispens'd from their obligation to a single life . The Council by the mouth of their Promooter gave him upon the spot a very civil answer . The French Ambassadours took this ill , and complained that the Ambassadour of Bavaria having spoken with as great liberty as they , he had been , notwithstanding , civilly answered , whereas their Speech had been refuted in a sharp and unbecoming manner . The Emperour's Ambassadours finding themselves backt by the Bavarians , thought it time to oppose the violence of the Spaniards , who could not endure the demand of the Cup for the People . They therefore drew up a Memoir upon that Subject , which , after the Ambassadour of Bavaria had spoken , they presented in the same Congregation . In that Writing they urged that Pope Paul and Pope Julius had been sensible of the necessity of granting the Cup to those who demanded it ; that it was the onely way to retain the Calixtins and the Kingdom of Bohemia in the obedience of the Church of Rome ; that in Hungary the People did already constrain the Priests to give them the Communion in both kinds , by seizing their goods and threatning to kill them ; and that to answer those who in so haughty a manner desired to know who they were that demanded the Cup , they gave them to understand , that it was the Emperour himself .

The French joyn with the Germans in the Demand of the Cup. In the Congregation of the fourth of July , the Ambassadours of France presented a Writing tending to the same end ; that is to say , that they joyned with the Germans in the demand of the Cup. They pleaded that in matters which are onely of Positive Right too much rigour is not to be used , and that it is good to comply with the weakness of those of whom we have the conduct . This Conjunction startled the Legates , who were afraid that things would not stop there . They were pretty well inclined to restore the Cup to the Germans , but they had no mind that it should extend to France also . Besides the Pope's Party was alarmed at the reasons alledged by the French , that in matters which are onely of Humane constitution a latitude ought to be allowed ; this seemed a very suspicious Proposal from the Mouth of the French , who stretched that Positive Right to a great compass . In effect : Lansac the chief of the Embassie , let slip some words in a great entertainment that he had been at some days before . He hinted that the French wished that Divine Service might be allowed them in the vulgar Tongue , that Priests might have liberty to Marry , and that Images were taken out of the Churches : so that the Legates were of opinion , that for that time it was not convenient to meddle with the Point of restoring the use of the Cup. They treated about that in private with the Germans , and at length brought them to consent that it might be referred to another Session : and the French who stickled not much for it , did not oppose the design : but the Spaniards persisted to shew the aversion they had to the demand of the French and Germans . However the Bishop of Lerida in Spain did not seem to be altogether against it ; for giving his opinion in the Congregation of the ninth of July , after that he had profest that he was not of the mind that the Cup should be restored to the People , he added that there might be some words inserted in the Decree for reserving to the French the privilege of giving the Communion in both kinds , if they thought good : that in that case the French might doe as other Nations did , and amongst others the Greeks , who did partake of the Cup by Virtue of an express privilege , granted them by Popes , which he said , he had seen . After the Congregation was up , du Ferrier one of the French Ambassadours pressed the Bishop of Lerida , whose name was Antonio Agostino , very hard to tell him , what Pope it was who had granted that privilege to the Greeks of communicating in both kinds . The ignorance of the Spaniards in matters of Antiquity . The Bishop made him answer that it was Pope Damasus . This made du Ferrier , who was well Skill'd in antiquity , laugh , and confirmed all People in the opinion that the Spaniards are very ignorant therein . For Damasus lived about the end of the fourth Century , when the Church of Rome was very far from giving the Cup by way of Privilege , since for more than a hundred years after , to abstain from it was by her lookt upon as Sacrilege ; as appears by the Decision of Pope Gelasus , which is inserted in the Decree of Gratian. In the Congregation of the tenth of July , Leonard Haller Titular Bishop of Philadelphia moved , that it was necessary to stay for the Germans , as a few days before Daniel Barbaro Patriarch of Aquileia had demanded that they might stay for the French , to the end that the Council might be called General , as being made up of all Nations ; for there were none but Spaniards and Italians in it ; and these Italians almost all of them the Pope's Pensioners , who most cunningly stood up for the Interests of the Court of Rome . There were even some that said publickly enough , that that Council was not the Council of the Universal Church , but of the Pope , since he did in it what he pleased : and these were those who had spoken with some freedom as to the Point of Residence . The Papal Party had a great pique against them , which appeared so plainly , that they did not think themselves secure enough even at Trent : and therefore they thought of withdrawing , some of them had already obtained leave ; amongst whom were Egidio Foscararo Bishop of Modena ; the Bishops of Viviers , Acqui , and the Archbishop of Surriento . But the Ambassadour of Portugal having represented that that would do hurt to the reputation of the Council , seeing the cause of their departure was generally known , they were detained by fair promises of better usage for the future . However there was no notice taken of the demand that was made of waiting for the coming of the German and French Prelates . In the following Congregations the Chapters of Reformation were read , and some Bishops spoke with a great deal of liberty . As to the Point of free Ordinations the Bishop of Vegla an Island near Sclavonia , said that it would be to no purpose to lay a restraint upon ordaining Bishops not to take money , if at the same time it were not Decreed that no fees should be taken at Rome for Dispensations to receive Orders out of the usual times , and before the Age appointed ; that the greatest expence was there , and that the small gratuities given at Ordinations was nothing to it . He farther said that when any such Dispensations were presented to him , it was his custome to ask if they had cost any money ; and that if he found they had been bought , he rejected and did not value them . As to the Point concerning those that got into Priests Orders without a sufficient Estate to maintain them , the Bishop of the five Churches spoke with great freedom , that it was of much more importance to prevent a mans entering into Orders without having a Church and Cure to serve , than to hinder him upon the account of wanting an Estate , and that it was very disgracefull to the Church to have priests who had no other Employment but to live idly and take their ease upon a good fat Benefice . In one of the Articles of Reformation it was ordained that great Parishes should be divided into two , that they might be the better served : whereupon the same Bishop said , that that was good , but that it was much better to divide the Bishopricks , which are of so great extent , that it is not possible for one man to take the care of so many Souls . These opinions pleased no body , neither the Prelates nor the Presidents . Afterward the Bishop of Sidonia an Hungarian took the boldness to say that all these petty Reformations of the Members of the Church signified nothing , so long as the Head continued without Reformation ; that it behoved them to begin with the greater matters , and that the lesser would pass without any difficulty . This liberty was very offensive to the Legates , and therefore they met to consult about means of repressing that boldness . John Baptista Castello , Promooter of the Council , who had discharged the same office in the Council under Julius III. said that the course must be taken which had been used by Cardinal Crescentio , who enjoyned the Prelates silence when they did in the least deviate from the Subject that had been proposed . But the Cardinal of Warmia did not approve that conduct , and affirmed that God had not blest the Council of Julius because he approved not those violent methods of Cardinal Crescentio ; that after all , it was impossible to avoid contests in Councils . The Cardinal of Mantua was of the same Judgment . So that they thought it sufficient to limit every one to a certain time in speaking , and to make it short , that so they might not have leisure to speak many things which might give disgust . The day for holding the Session which was the sixteenth of July , drew nigh ; and the Germans who had consented that nothing should be moved in it about the permission of the Cup , demanded now a great deal more , and urged that nothing might be done at all , that so they might give time to their Bishops to come . The Legates to prevent the disgrace of being so long without doing any thing , would needs have the Chapters of Doctrine and Reformation which had been minuted , to be published : And they must be read overagain in the Congregation , before they could be published in the Session ; which was not done without debate . In the second Chapter of Doctrine these words were slipt in , that the Church might as well take away the use of the Cup , as it had changed the form of Baptism . Jacobo Gilberto de Nogueras Bishop of Aliphe a Spaniard starting up said , that that was Blasphemy , because the Church had no Power to change the form of Sacraments , nor to alter any thing that is essential to them , and that in effect the form of Baptism had never been changed ; that hint was taken notice of , and the Clause left out . In the third Chapter it is said , that he who is barred from the Cup is not deprived of any Grace necessary to Salvation , and that therefore the Church has Power to retrench it . The Cardinal of Warmia one of the Legates set on by some Divines observed as to that , that thence it might be inferred that the Church may wholly take away the Eucharist , because it is not necessary to Salvation , and desired some alteration in that Clause . But Cardinal Simoneta being vexed at what had past in the Congregation told the Cardinal of Warmia , that he had very imprudently suffered himself to be put upon in making that Overture , and that if he would everlastingly give ear to those Doctours accustomed to the cavillings of the School , nothing could be concluded in the next Session . The Cardinal of Warmia submitted , excusing himself in that what he had done was designed for a good end . In the Congregation that was held the day before the Session , there happened some Debates still , as in all the rest : but they were not very considerable , and continued not long .

Now it was the sixteenth of July , 16. July . the day appointed for the Session ; and the Legates , Ambassadours and Prelates went to the Church with the usual Ceremonies . After Mass and Sermon the Decrees were read ; the Decree of Doctrine contained four Chapters , and as many Canons with Anathema's , wherein was decided . 1. That believing Laicks are not obliged by command to communicate in both kinds . 2. That the Church had very good ground for taking away the Cup , and that she hath power to doe so . 3. That he who receives the bread alone , receives Jesus Christ entirely , and is not deprived of any saving Grace . 4. That the Communion of Children is not necessary . In all this no notice was taken of the question , whether it was expedient to allow the Cup to People that demanded it , because that point was reserved for another Session , as they had promised the Germans , and was accordingly by a Decree referred to the following Session , which is inserted in the Acts of the Council . The nine Chapters of Reformation were also read . The first ordains , that the Collation of Orders , the Dimissorial and Testimonial Letters , the Seal and other things of that nature shall be given gratis , without so much as taking any voluntary offering . The second , that no man shall receive Orders if he have not a Benefice , or at least an Estate of his own to subsist on , which Estate is not to be alienated without the consent of the Bishop . The third , that in Cathedral and Collegiate Churches , where there are no Distributions , or where they are but small , the Bishop may convert a third of the Prebends into Distributions . The fourth , that in great Parishes the Curates shall take the assistance of a sufficient number of Vicars , and that such as are of too large an extent shall be divided , and provided with new Rectours , if that be judged necessary . The fifth , that Bishops may make Unions to perpetuity of Benefices that have cure of Souls ; when they are not singly sufficient for the Subsistence of a Curate . The sixth , that Curates who are negligent in their Duties , shall have Vicars appointed them whether they will or not , and that part of the profits of the Living shall be allotted to these Vicars , and that if the Curates continue in Scandal , they shall be deprived of their Benefices . The seventh , that the Bishops as Delegates of the holy See , may annex the Benefices of decayed and demolished Churches , to other Churches , and cause Parochial Churches to be repaired . The eighth , that the Bishops also as Delegates of the holy See , may visit Monasteries that are in Commendum , to settle the observation of Discipline therein . And the last Chapter abolished the Collectours or Alms-gatherers . These Collectours were a sort of men who under Pretext of some pious work , as the building an Hospital for the Sick , the bringing up of Orphans or the like , obtained Letters of Recommendation from the Bishop , and with these Letters run over a whole Countrey to gather Collections under the notion of Almsdeeds . Some of them also obtained a Licence from the Pope , that they might not be hindered by the Bishops in their Collections . This custome had degenerated into a horrid abuse , in that these Collectours treated with the Court of Rome that part of the purchase should be brought thither , nay and it was even specified in the Bull how much the Collectour was to keep for himself , and how much he was to pay out ; so publickly was that Corruption tolerated . Of these gatherings a very small portion was employed in the charitable Work which served for a Pretext , and the rest went into the Pocket of the Collectours , and of those that had got them the Privilege . Many time also they who obtained from Rome Patents to empower them to gather Charity , farmed out their right to the off-scourings of the People , who , to make the most of their Farm , by a thousand damnable Tricks frightned the People out of their wits and money . They put themselves into strange Antick dresses , and carried about with them bells and other tinckling instruments , preached up counterfeit Indulgence , and denounced a thousand Evils to those who refused them contributions , and these were the Collectours that were then abolished . This was all the Product of eight whole Months labour , during which nothing was to be seen but Couriers without intermission posting from Rome to Trent , and from Trent to Rome ; continual Treaties , Negotiations , and Conferences betwixt the Ambassadours of all the Princes in Europe , and the Legates , not to mention the infinite number of consultations and deliberations amongst the Prelates , who were four times more in number , than they were in the two first Convocations of the Council . These great Engines having wrought so little , People could not forbear to apply the Proverb , Parturiunt montes , nascetur ridiculus mus . The discontented and those professed Criticks that stand in awe of no Tribunal , made their observations , that there was no great need of meeting at Trent to blast the Memory of the Fathers of the Church by deciding a question concerning the Communion of young Children , in such a manner as made the Judgment of the Ancients Heresie , who would have Infants immediately after Baptism to receive the Communion : and particularly they could not but condemn that Decree as absolutely unnecessary , because now-a-days no body laboured to introduce the custome again . But the less censorious could not forbear to mark a great want of Judgment in the second Canon , which under Pain of an Anathema condemns those that will not believe that the Church had good reason to retrench the Cup. All men wondered that that refusing of the Cup being lookt upon as a matter of Humane Right , since by a formal Decree of the Council it was left in suspence , whether it should be restored or no , should notwithstanding be decided under Anathema , as a matter of Divine Right that the Church had reason in refusing it . Matters are prepared for the following Session , and the Presidents are reconciled .

This Session being over , the Legates thought fit to prepare matters for the next : but the Court of Rome judged it absolutely necessary to make the Cardinals of Mantua and Simoneta friends , before they proceeded any farther . For this reconciliation the Pope imployed the Mediation of Cardinal Gonzaga Uncle to the Cardinal of Mantua , and of Alexander Simoneta Brother to the Cardinal of the same name : both of them wrote so effectually to their Relations , that the peace was made , and the Sunday after the Session Simoneta dined with the Cardinal of Mantua . They consulted together what means were to be used to satisfie the Pope as to the Point of Residence , and the King of Spain as to the Demand he made that the present Council might be declared a Continuation of the former . But to extricate them out of these Difficulties a Letter came very opportunely from the King of Spain , which ordered the Marquess of Pescara not to insist any more for having the Continuation of the Council declared , provided all words that might import that it was a new Council were avoided . The same Letter gave orders to acquaint the Spanish Prelates , that the King commended their Zeal in making so many instances for having Residence to be declared of Divine Right , but that it was not convenient for the present that that question should be decided . The Archbishop of Granada chief of that Party was not very well satisfied with the Complement , but however it cooled his heat a little .

The twentieth of July , a Congregation was held to begin the preparation of matters to be decreed in the next Session : The Cardinal of Mantua made a Speech to the Prelates to perswade them to speak their opinions calmly and in sew words , telling them that the Presidents had made orders to prevent Confusion in the Congregations of the Divines . These orders appointed the number of Divines that were to speak , to wit , four for the Pope , three for every Ambassadour , for the Legates one of their Domesticks , and for every Religious Order three who should be chosen by their General : And to satisfie those who should not be chosen to speak ; it was ordered that they might communicate to the Legates their mind in writing . But one order was made that would have thoroughly vexed those Spokes-men , had it taken effect ; and that was that no Divine should speak above half an hour , and that he might be interrupted by the Presidents if he spoke any longer . In the same Congregation the Legates proposed the matters which were to be examined , and they resolved to handle the Sacrifice of the Mass , The matter of the Sacrifice of the Mass is chosen . and the abuses committed therein . The matter had been already examined in the Council of Julius , and therefore the Cardinal Seripando , and the Archbishop of Granada were of opinion that they might be short about that , and pass by a great many considerations , since hardly any thing remained to be done , but to review and publish what had been already minuted upon that subject , but their advice was not followed . This head was divided into thirteen Articles , wherein were comprehended all the controversies about that Subject , which are at this day argued betwixt the Church of Rome and the Protestants : to wit , whether the Mass be a Propitiatory Sacrifice , whether it derogates from the Sacrifice of Jesus Christ , whether Jesus Christ by saying doe this hath appointed the Sacrifice of his Body , whether private Masses be lawfull and good , whether it be lawfull to celebrate Masses to the honour of Saints , whether the Ceremonies of the Mass are good and holy , whether there be Errours in the Canon of the Mass , whether the words of Consecration ought to be pronounced with a low voice ; with some other questions of less importance .

The French Ambassadours stayed at the Council with very little satisfaction , for they saw that matters of highest moment were going to be handled without expecting , the Prelates of their Nation ; and so all things would be carried by the Spaniards , some Portuguese and the Italians . They therefore wrote to the King that he would hasten away the Bishops of France ; that they durst not hitherto propose any point of Reformation , because they had no body to second them ; that the Pope was absolute Master of the Council ; that the door was barred against all proposals tending to Reformation by the Clause proponentibus Legatis : that the Court of Rome was Mistress of all Deliberations as well as Propositions , by the great number of Pensionary Bishops that the Pope entertained at the Council : and that the Spaniards who had shews some Zeal for Reformation were cooled by orders which they had received from their Prince . They concluded , that having considered all these things , there was but little to be expected from that Council . Next day after that first Congregation , they fell to work . Two Jesuits , Alphonso Salmerone and Francisco de La Torre the Pope's Divines spoke first , and made nothing of the half hour Regulation ; for Salmerone took up the whole time of the Congregation . Next Morning the Jesuit de La Torre did as much , and neither of them in those long discourses said any thing that was remarkable : towards the end , the Jesuit Torre said that the passage of St. John , if ye eat not my Flesh and drink not my Bloud , ye can have no life in you , could not be understood but of the Sacramental Communion . This Divinity did not please the Legates , because the contrary seemed to have been defined in the first Chapter of Doctrine of the former Session : but especially because that interpretation inferred the necessity of the Cup ; for if our Saviour in that place speak of Sacramental Manducation , and that without drinking his Bloud in a Sacramental way , it is impossible to have life , it is clear that the Cup is necessary : for the Bloud of Jesus Christ is not drunk Sacramentally , but in taking the Cup. These were two turbulent Jesuits , they had already made a clutter the very day of the last Session , about the first Chapter of Doctrine ; wherein they would have had it more expresly defined , that Jesus Christ had not instituted the Sacrament in both kinds but onely for the officiating Priest , and not for the rest . And that displeased the Legates , because it was ill timed . Besides that , the Jesuit de La Torre in particular was not well liked of by Cardinal Simoneta , for all he was a Jesuit and the Pope's Divine , because he had written against Catarino for the Divine Right of Residence . And in fine , the Legates took it very ill that they had so insolently violated the half hour Regulation ; so that they resolved among themselves to curb that Sauciness for the future .

Great Debates about the Question whether Jesus Christ offered himself when he instituted the Eucharist . When the Examination of the Points came to the Vote , all the Divines agreed to condemn the opinions of the Protestants , and enlarged very much in proving the Mass to be a true Sacrifice . They alledged all the Arguments that are used at this day : Melchizedeck's Sacrifice of Bread and Wine , the Type of the Paschal Lamb which represented the Sacrifice of the Eucharist , the pure oblation spoken of in the Prophecy of Malachi , and all the other Passages that are made use of for that purpose . But a great Debate arose upon occasion of this Argument : one of the Disputants affirmed that Jesus Christ was Sacrificed in the Institution of the Eucharist , and that afterwards he had said , doe this , that is to say , doe this that I have done , whence it was manifest , said he , that our Lord commanded us to sacrifice , and therefore that the Mass was a Sacrifice . There were a great many others who maintained the contrary , and that our Saviour was not then sacrificed . This Question , whether our Saviour did sacrifice himself in the first Eucharist , was not set down among the Points that were to be examined , but Providence permitted it to be occasionally started ; and nothing could happen more luckily to shew what till then the Sentiment of the Roman Church was concerning the nature of the Mass . No man of common Sense ought to doubt but that our Lord by these words , doe this in remembrance of me , gave no other Command to his Disciples , but to doe precisely that which he himself had done ; for it is evident that these words , doe this , signifie , doe that which I have just now done , so that it is a matter of the highest consequence to know what it was that Jesus Christ did , that is to say , whether he sacrificed himself in the institution of his Supper ; for if he did not sacrifice himself , neither did he command that he should be sacrificed . They who held that Jesus Christ sacrificed himself , maintained that it was absolutely necessary to assert that truth , because the chief Argument of Hereticks against the Sacrifice of the Mass , was that Jesus Christ did not sacrifice himself in the Eucharist . But the opposite Party proved by irrefragable Arguments that our Saviour could not have sacrificed himself in the Eucharist . They affirmed that the Mass is a Sacrifice of Commemoration of the Sacrifice on the Cross , that Jesus Christ was not as yet sacrificed on the Cross , when he instituted the Eucharist , and that so he could not make a Commemorative Sacrifice of that which was not as yet come to pass . They farther urged that neither the Canon of the Mass , nor the Scripture , nor the Fathers spoke any thing of our Lord 's having sacrificed himself . But more particularly they said , that either the Sacrifice of our Lord in the Eucharist was Propitiatory or not ; if it was Propitiatory , that then the Sacrifice of the Cross was needless , because the Sins of Mankind were expiated by the Sacrifice of the Eucharist : and that if that was not Propitiatory , neither can this be , since it is the same that our Saviour offered .

In the Congregation of the twenty fourth of July , it came to the turn of the Divines of the King of Portugal to speak . One of them named Ataide took a Medium to prove the Sacrifice of the Mass , Ataide a Portuguese Divine overthrows all the Arguments drawn by the others from Scripture for the Sacrifice of the Mass , and departs . which surprised many , for he overthrew all the Arguments taken from Scripture : in examining the several Passages he evidently demonstrated , that nothing could be concluded from them to prove that the Mass was a Sacrifice ; he resumed also all the reasons of the Protestants , and set them off in their full force , and , in fine , concluded that the Sacrifice of the Mass was built upon no other Foundation but Tradition ▪ It may easily be imagined how this discourse was taken : And therefore James Paiva Andradius a Portuguese Divine also did what lay in his Power to make amends for that fault ; he recapitulated all the Protestant Arguments that were proposed by Ataide , and answered them , assuring the Council that his Collegue had onely proposed them , with design to have them refuted . The Ambassadours and Portuguese Prelates endeavoured likewise to justifie him to the Legates : Nevertheless within a few days after he left Trent , and it is no hard matter to guess at the reason of it . Amongst the last Divines that spoke was Antonino Da Valtellina a Jacobin , who was not of opinion that the Council should confirm by Decree the Ceremonies of the Roman Mass , and enlarged much to prove that there had been always great Diversities of Ceremonies in the Church . For a proof of th●● he instanced the Ambrosian , the Gregorian and Roman Orders , which are Rituals differing one from another ; the different Liturgies of St. James , of St. Mark , and of St. Chrysostome . He mentioned also the Mozarabick Service heretofore in use in Spain , into which Horses and Moresk dancing were brought in as Ceremonies signifying great Mysteries . Gregory VII . abolished that Service , but even at the time of the Council of Trent it was still in use on certain days , and in some certain places of Spain . He therefore concluded that if the Roman Ceremonies were established by Decree , it was to condemn those Ancient Churches , who used not all those Ceremonies . This discourse highly offended the Council ; but the Bishop of the five Churches seconded him , and affirmed that they who condemned what he said , were ignorant . The truth is , it was his concern to have that opinion pass , that so under Pretext of Uniformity of Ceremonies , he might not be denied that which he had demanded for Germany , I mean that the Germans might not be obliged to follow the Ceremonies of the Roman Church , particularly the want of the Cup , and the use of the Latin tongue in Divine Service .

When the Congregations of Divines had made an end , the Bishops assembled for forming the Decrees ; but the same Difficulties that were started amongst the Divines , arose likewise in the Congregations of the Prolates . Martin Perez . Bishop of Segovia who had been in the Council which was held under Julius , was of opinion that nothing was to be done ; but onely to 〈◊〉 what was then digested concerning that controversie . Cardinal Seripando was not of that mind ; but alledged that the Canons and Decrees which had been framed at that time might expose the Doctrine of the Church to calumny , and might give advantage to Hereticks ; because they were long instructions which give occasion to long refutations , and against which the Hereticks find always means to make troublesome exceptions : that to correct what had been done , was not the way , but that the Council must set to work a fresh to adjust the matters ; which opinion was followed . They therefore fell to the making of new Decrees , but they found it no easie task to pitch upon the reasons that ought to be inserted in the Decree for confirming the Sacrifice of the Mass , some approving one reason , and others rejecting it . Cardinal Seripando one of the Legates , and the Archbishop of Granada were on their side who said that it ought not to be put into the Decree that Jesus Christ sacrificed in the first Eucharist . And on the other hand , the Cardinal of Warmia was for them who would have that Clause to be inserted ; and this caused a great deal of Debate , as we shall see hereafter .

In the Congregation of the thirteenth of August , the Proxies of the Bishops of Ratisbonne and Basil were received . The City of Basil was reformed and owned not their Bishop , giving him onely the Title of Bishop of Porentruto ; but the Council strove to doe him the greater honour , that they might comfort him for the loss of his Bishoprick . And this being done , they fell again upon the point of the Sacrifice of the Mass . The Archbishop of Lanciano was of opinion that for ending all differences they should pass by the Chapters of Doctrine , and onely make Canons with Anathema's , as the Council had already done concerning the Points of Original sin , the Sacraments in general , and the Sacrament of Baptism . Ottaviano Preconio Archibishop of Palermo speaking next opposed what had been said , shewing that they ought not to omit the Declaration of the Doctrine of the Church , nor the reasons which confirm it , for fear of Hereticks , because what course soever were taken , they would never be quiet ; but that the Catholicks ought to be instructed . That point was canvassed for several days ; and at length it was concluded to proceed as they had begun , and to make Chapters of Doctrine .

The Controversie of Restdence is reviv'd . Whilst these Disputes about the Sacrifice of the Mass were on foot , the Champions for the Divine Right of Residence were not asleep : they resolved to have another tug at it , and began again with fresh instances to urge the performance of the promise that had been made them of deciding that controversie , and pronouncing sentence thereupon . The Legates followed the instructions they had received from Rome by the Archbishop of Lanciano , which were , not to oppose the Spaniards openly , but slyly to pack Votes and cast them by Plurality . They laboured therefore under hand to draw Bishops over to their side , that there might no more mention be made of Residence . The Italians were easily corrupted , but the Spaniards united more closely to oppose that caballing , and could by no means be gained . They wrote to the King of Spain an answer to the Letter which he had sent them at the solicitation of the Marquess of Pescara . They complained of the Pope's procedure in making so great oppositions against the decision of the Point of Residence . They gave him to understand that the Council was not free , that it was enslaved by the Legates and Pensionary Bishops , and prayed his Majesty to consult wise men about the matter , who would advise him without doubt , to protect the Catholick opinion of the Divine Right of Residence . The Legates now found that no ground was to be gained upon the Spaniards , since neither the Letter of their Prince , nor all the submissions that had been used to gain them , could work any effect upon them . They therefore resolved to take the surest course they could : for that end they sent a Copy of the Letter which the King of Spain had written to the Marquess of Pescara , to the Cardinal of Ferrara Legate in France , that he might procure the like from the King of France to his Ambassadours , to hinder the French from joyning with the Spaniards . And at the same time they wrote to the King of Spain that the Archbishop of Granada and the Bishop of Segovia the two leading men of the Party for Residence , who seemed so untractable in a Point that his Catholick Majesty did not at all concern himself in , had promised their Suffrages to the Bishop of the sive Churches for allowing the Cup to the Germans , contrary to the intentions and sentiments of their King .

On the other hand the Pope used all his endeavours to secure himself from any damage that he might be in danger of from the Council ; he went on to raise Soldiers , he negotiated a League betwixt the Italian Princes and himself ; he wrote to his Legates to stifle the matter of Residence , and that if after all , they could not hinder the prosecution of it , they should so bring it about that the affair might be referred to him , and above all things that they should labour to put a period to the Council before the French came , and before the sitting of the next Diet in Germany , wherein he foresaw that Ferdinand to obtain the favour of the Protestants might engage to make new Proposals to the Council of more dangerous consequence than the former . As the Pope on the one hand intended speedily to put an end to the Council , so on the other hand , the French Ambassadours made it their business to prolong it , that their Prelates might have time to come ▪ And therefore having by word of mouth made several instances to that purpose , they gave in a Memorial wherein they represented the necessity of expecting the French Prelates , that so the Council might be reckoned General , and be received in France . They promised that they should arrive about the end of September at farthest , and desired that the Session might be put off . But the Legates made answer , that that could not be ; that they had been expected six months already , and that the other Prelates suffered too much by that delay . The French were vexed at that answer , and desired leave to make their Proposals to the Council assembled in Congregation . The Legates refused it , saying that it was ordered that the Ambassadours should treat onely with the Legates , and never speak in publick but the day of their reception . And this renewed the grievances about the Bondage of the Council . The Spaniards joyned with the French , and said that they must see that Decree that was so much talkt of , which hindered Ambassadours from speaking in Council : that if there were any such , yet after all , it ought not to be regarded , since it was contrary to the practice of all the ancient Councils . The King of France gave also orders to his Ambassadour at Rome to press the Pope to enjoyn the Council to stay for his Prelates . The Pope referred himself to his Legates , the Legates remitted it to the Council ; and it was not permitted to speak to this Council , to which all things were referred . Lansac observed very well , that that was a fooling with his Master , and with the World And thus , notwithstanding all the endeavours that were made for obtaining a delay , they fell to work again the Eleventh of August to review the matter of the Sacrifice of the Mass , in order to the Decrees , and stuck again at the Question , whether it ought to be put into the Decree that Jesus Christ was sacrificed in the Eucharist . The Assembly was divided into two parts which were for a long time equal .

James Lainez General of the Jesuits arrived the fourteenth of August , and created no small trouble to the Council , because he would not be satisfied with the place that was assigned him after all the other Generals of Orders , upon Pretext , that the Society is an Order of Regular Priests , and that Regular Priests ought to goe before the Monks . The Jesuits Salmeron , and La Torre used all their endeavours to procure him the Precedency . However his name was set down after all the other Generals of Orders . At the same time Pibrac one of the French Ambassadours left Trent , and his departure gave the Legates a great deal of Jealousie , who were afraid lest some thing might be done in France against the interests of the Pope and Council . Cardinal Simoneta , one of the Legates , ordered one of his Confidents to insinuate himself cunningly into Lansac , and get out of him , what the meaning of that Journey was . Lansac answered that Pibrac was gone about his own affairs , but that there was no doubt , but that he would complain of a Council where matters went so ill .

Means used to cause it to be defined that our Lord Jesus Christ sacrificed himself in the Eucharist . Congregations were continued untill the Eighteenth of August , about the Sacrifice of the Mass , the question still depending , if Jesus Christ was offered up in Sacrifice in the first Eucharist . Salmeron the Jesuit held the affirmative , and laboured tooth and nail to get his opinion ratified . He prevailed with the Cardinal Legate of Warmia to doe things on that occasion that might be called violent Actions . This Jesuit went from house to house to solicite Votes , making promises to some , and threatning others ; which was done so publickly , and in so importunate a manner , that in the Congregation of the Eighteenth of August the Bishops of Chioza and Veglia complained of it , and this last spoke against the opinion of Salmeron with so much force , and backed his Sentiment with so many reasons , that he brought over almost all the Assembly to his Judgment , which was , that it ought not to be said in the Decree that our Saviour sacrificed himself when he instituted the Eucharist . The same day the Archbishop of Prague , who went from Trent some days before , came back with Letters from the Emperour to the Legates , wherein he prayed them , that they would put off the handling the Point of the Sacrifice of the Mass untill the Diet of Germany was over , and that in the next Session they would discuss the matter of the Cup , which the Germans desired . The first Point was refused , because it must needs be dispatcht whatever came on 't ; but they granted the second , because the Pope being solicited by the Emperour had written to his Legates , that they should treat of the matter of the Cup to satisfie the Germans , and to clear business as fast as they could . Lainez General of the Jesuits was the last that spoke to the Question , to wit , whether our Saviour was sacrificed in the Eucharist ; and he took up the whole time of a Congregation maintaining the affirmative . But notwithstanding all these long Harangues and Canvassings , the opinions were still almost equal . At length the Cardinal of Warmia carried the day , and the Legates resolved that it should be expressed that Jesus Christ was offered in the Eucharist , but that the words , in Propitiatory Sacrifice , should be left out , and onely mentioned that the Lord was sacrificed . So that the Difficulty was not removed ; for the Protestants still demanded , was Jesus Christ offered in Propitiatory Sacrifice in the Eucharist or no ? if the Sacrifice was not Propitiatory ; then that of the Mass is not , for the Lord said doe this , doe that which I have now done : if it be Propitiatory , then the Sacrifice of the Cross was not , since that the Propitiation being made in the Eucharist , the Sacrifice of the Cross had nothing to doe . It is also observable that their opinion was not condemned who affirmed that neither the Scripture , the Canon of the Mass nor the Fathers said any thing that Jesus Christ sacrificed himself . So that it is certain that it was the current opinion before the Council of Trent , that the first Eucharist was not a Sacrifice , and that it was onely the fear of the consequences that the Protestants might draw from thence which obliged the Council to change that opinion .

Afterwards the Bishop of the five Churches the Emperour's Ambassadour spoke , The restoring of the Cup to the Germans as moved . and in name of his Master represented the necessity of restoring the Cup in Germany , without which it would be impossible to keep that People united to the Church , and prevent others from falling off from it . He said that if the dismembring the States of the Empire were suffered , there could be no resistance made against the Turks , who continually lay hovering over it . When he had spoken he presented a Memorial , wherein he declared the manner how he desired that matter might be managed ; but a murmurring of contradiction arising , the Assembly was thereupon dismissed . In the Congregation of the third of September the French Ambassadours renewed their instances for a delay of the Session four or five Weeks longer ; but the Legates had lately received Letters from Cardinal Ferrara Legate in France , which informed them that the Cardinal of Lorrain with the French Bishops and twenty Parisian Doctours were to come ; and , as other Letters imported , that their design was to handle the Superiority of a Council over the Pope , and that the Cardinal of Lorrain intended to take from the College of Cardinals the power of chusing the Pope . This news allarmed the Legates , and made them desire that the Council might be ended before the coming of that Company ; and therefore they were far from granting the French Ambassadours the delay which they demanded . So it was refused , and the Legates disguising the true reasons of it , gave the Ambassadours the same answer that they had had before , but Lansac not satisfied with that , complained onely of the little regard that was had to the Demands of his Master . In opposition to the French a writing went about at that time , wherein it was asserted that the Council could not long subsist at Trent , because in the Month of September there would be a want of Provisions there . But the true reasons why they would grant no delay was imprudently enough thrown out , for , said they , if we must wait for the French and Germans , the Council will not onely be free , but wholly Libertine .

The Legates therefore made all the haste they could in forming the Decrees ; and that of the Sacrifice of the Mass being in a pretty considerable forwardness , they proposed the matter of the Cup , whether or not it might be granted to the Germans . There were three opinions as to that , one that it should in no manner of way be granted , nor upon any conditions ; another that it might be granted under certain conditions ; and that was the opinion of fifty of the best Heads of the Council , who were for commissionating men upon the places , to judge of the necessity , and upon what conditions it might be proper to grant it according to the different dispositions of the people . The third opinion was , that the matter should be referred to the Pope ; some that he might absolutely refuse or grant it , and others that he might allow it according to his Prudence . All the Spaniards were inflexibly for refusing the Cup , for fear lest it being granted to some Nations , it might occasion commotions in the Low-countries , and the Territories which the King of Spain had in Italy , for obtaining the same privilege their neighbours enjoyed . The Venetian Prelates fet on by their Ambassadours were for the refusal , upon the same account of neighbourhood to Germany . The Archbishop of Granada , who , though a Spaniard had engaged himself to the Bishop of the five Churches to give his suffrage for the Cup , durst neither declare himself openly to be against what he had promised , nor yet give his Vote contrary to the will and interests of his King . So that he went about the bush , and concluded that it was an affair that could not be decided that Session , because the decision of it depended on several circumstances of place , and the humours of the People . He nevertheless confessed that the stress of the matter was no more but a ceremony which might be changed by restoring the Cup to the People , if the union of the Church required it . Gasparo de Casal Bishop of Liria , though a Spaniard also , gave his Vote for the concession of the Cup , and some Portuguese Bishops favoured the Germans demand ; amongst others Don Bartholomè Archbishop of Bragansa , and the Bishop of Conimbre ; but this last added his reasons , that they to whom the Cup was allowed should abjure Heresie ; that they should profess the belief of the Real Presence and the Concomitance , that they should banish Heretical Preachers , that they should not keep the Chalice , and that it should not be carried to the Sick ; that that concession should not be made openly in Council , but by the Pope's Legates being upon the place , that so it might be done with less shew and scandal . It came to the Bishop of the five Churches turn again to speak as a Prelate , he refuted all that had been said against the concession of the Cup. He shew'd that the Council of Basil had retained the Bohemians in the communion of the Church , onely by granting them the Cup. He affirmed that the Calixtins of Bohemia communicating in both kinds , were still very good Catholicks , that they had lately acknowledged the Archbishop of Prague for their Superiour , and prayed him to ordain their Priests . The last Congregation that was held upon that Subject was on the fifth of September , The Prev freely Pope's rity . happe● himth wherein the Abbot of Preval a Genoese spoke against those who demanded the Cup , and alledged that the Council of Basil were so far from granting the Cup , that after a consultation of several days they concluded , that it ought to be refused ▪ And laying hold on that occasion he spoke so advantagiously of the Council of Basil , that the Legates and Slaves of the Court of Rome took great umbrage at it : it was not doubted but that he was one of those , whose seditious principles , as they called them , tended to subject the Pope to a Council . The Legates were confirmed in their thoughts , because this Abbot was seen to goe often to the French Ambassadours ; and it was known that he pressed them to hasten the coming of their Prelates ; nay in some former Congregations speaking of the Sacrifice of the Mass he had said by the bye , that he doubted whether the Pope was above a Council or not , and had promised to speak his mind freely as to that , when the question came to be handled . The Legates thought it not fit that such a man should stay in the Council ; and therefore they sought an opportunity to make his General recall him upon some plausible pretext . But there was no need of that , for he was used in such a manner as vexed him into a fit of sickness , whereof he died the six and twentieth of November following .

The Prelates gave their opinions at large concerning the demand of the Germans ; but besides what we have mentioned , there was not any thing considerable in all they said ; except in the discourse of Peter Danez Bishop of Lavaur , who spoke with much freedom against those who would refer the matter to the Pope . He said that the Pope had referred the affair to the Council , and that for the Council to send it back again to the Pope , was to play at fast and loose ; that after all , he could not tell under what Character they considered the Pope , in remitting the business to him , whether as Superiour or Inferiour to the Council ; that the Pope must be obliged to act very differently , according to these different Characters ; and that therefore it was necessary in the first place to discuss the question of the Superiority of a Council over the Pope . This discourse netled the Pope's Party ; and amongst so many different opinions the Legates were exceedingly perplexed . They seemed to be serious in their intentions to satisfie the Emperour about the concession of the Cup ; but they could not find means to doe it , because of the multitude of opposers . So that they resolved at length , to get out of the briars by referring the matter to the Pope , and cunningly brought about part of the Bishops who were against the concession of the Cup , and amongst others the Venetians , to consent to it . The matter of the Cup is referred to the Pope . The Bishop of the five Churches yielded also ; but he desired that a Decree of Reference should be made amongst the Acts , and that it should be specified in that Decree , that the Council had thought it convenient to restore the Cup , and that they referred it to the Holy Father to determine to whom , and upon what conditions it ought to be done . He obtained indeed a Decree of Reference , but not that it should be inserted in it that the Council judged it convenient to restore the Cup. In fine , he suffered himself to be perswaded to desist his Instances , at least till such time as the Heats were a little over .

And this affair being in some measure adjusted , they set about the finishing of the Decree of the Mass . The Jesuits Lainez , Salmeron and de la Torre , by means of the Cardinal of Warmia one of the Presidents , whom they had gained to their opinion , started new difficulties and made fresh instances , that it might be exprest in the Decree not onely that Jesus Christ was offered , but that he was offered in Propitiatory Sacrifice . There was a world of trouble to make them be quiet ; and the difficulties that at every turn they started , had almost taken away all hopes that the Session could be held on the day prefixt . But , at length , in the Congregation of the seventh of November , the Decree was agreed on in the form that it stands in at present : most part consented to it ; but the Archbishop of Granada was none of that number ; for he persisted in his opinion , that it should not be said that our Saviour offered himself in Sacrifice when he instituted the Eucharist . After that , were proposed ten Articles of Reformation concerning Abuses in the Mass , and eleven others about several matters , all of them of very little importance ; which obliged the Bishop of Philadelphia , Grievances of the Bishops that the Council is taken up about Trifles . John Suarez Bishop of Conimbre , the Bishop of Paris , the Bishop of Segovia , and the Bishop of Oreate in Spain , to complain , and say that the Council was taken up about trifles , that Germany , France , and all Europe had for an hundred and fifty years desired a Reformation of the Church , in the Head and in the Members ; that they ought to have begun with the Pope , proceeded to the Cardinals and Bishops , and that the rest would have been easily done afterward ; but that what was now done was merely a Grievance to Catholicks , and an occasion of Laughter to the Hereticks . The Bishop of Oreate spoke freely , that a Declaration ought to be made that the Decrees of a General Council obliged the Head as well as the Members . That saying fell not to the ground , for presently there was a great muttering among the Pope's Party , and the Bishop thought it convenient to explain himself , and to say , that his meaning was that the Decrees ought to have a Directive but not a Coactive Power in regard of the Head of the Church .

There were not now above three or four days to the sitting of the Session , and yet a great deal of business to be done : particularly the important point about the Concession of the Cup was not as yet fully adjusted , and withall the French Ambassadours were still urging a delay of the Session . The French Ambassadour at Rome did so instantly press it , that the Pope was fain to tell him that he referred it wholly to the Council , that it was the business of the Fathers , and that it was no wonder if they refused delays ; but that he was ready to write to Trent , that for his own part , he was content that they should condescend to the delay which the French demanded . In effect he did write much to this purpose . But Cardinal Simoneta , who knew more of the Pope's mind than was contained in the Letter , stood firm against a Prorogation , and carried it : for he was fully satisfied that the design of the Court of Rome was to put an end to the Council speedily , and that the Pope had onely written that Letter to ease himself of the importunities of the Ambassadour , and to load the Legates with the displeasure of the French . When it was once resolved that the Session should not be Prorogued , the Chapters about the abuses in the Mass , and the eleven Articles of Reformation were quickly dispatched ; nor did they find so much difficulty as they imagined , concerning the matter of the Cup. The Legates drew up the Decree of Reference , which imported that the affair was referred to the Pope , that with the advice and consent of the Council his Holiness might doe therein what he should judge expedient . Because those words seemed to intimate that the Council consented , that the Pope should restore the Cup to some People , if he thought fit , all who were for the refusing of it , opposed the passing of that Clause , and the Legates as being out of humour wholly abandoned the matter . But the Emperour's Ambassadours who desired that upon any terms the Cause should be referred to the Pope , because they were confident of obtaining from him what they desired , pressed the Legates to leave out the Clause that was excepted against , and to propose the Decree a second time . The Legates would willingly have done it , but because of the short time that remained , they foresaw that if that affair were stated again , it would still furnish new matter of Debate , and that so the Session must of necessity be put off . They therefore were positive not to speak a word of that Decree ; but the Ambassadours protested , that they would no more appear in any Congregation , or Session , since they used the Emperour with so much contempt , untill they had informed him of all that had past , and received new Instructions from him . This Protestation obliged the Legates once more to propose the Decree of Reference with the Amendments that had been made in it . And at length the matter was carried by Plurality of Votes , though opposed by all that stood for the absolute refusal of the Cup. And thus all things are now in a readiness for the Session which was to be held the morrow after .

The Germans were indeed somewhat satisfied in that they had carried this Point , but on the other hand they were extremely displeased that there had been so little regard had to the Emperour's Instances for putting off the matter of the Mass till after the Diet of the Empire ; in which he hoped to obtain something of the Protestants . And therefore seeing all things in a readiness for the Session , they assembled together into their house the French and all the other Ambassadours of Princes , except the Ambassadours of Venice and Florence who refused to come : In which Assembly the Bishop of the five Churches made a long Speech , and told them that hitherto the Council had been amused with matters of little Importance , that their whole business had been to make Decisions which were good for nothing but to exasperate the Protestants , neglecting the necessary work of a good Reformation ; that all things were now in a readiness for the next Session ; and no way left to prevent it ; but that it behoved them at least to take care for the future , that the Legates might not continue to do the same , that therefore it was incumbent on them so to order Affairs , that in the subsequent Session the Point of the Sacraments , or any other matter of Doctrine , should not be handled , but onely the Reformation which all Europe so passionately desired . The Secretary of the Marquess of Pescara the Spanish Ambassadour opposed this opinion ; for he feared that if the method of proceeding , which had been hitherto used , came to be altered , it might give occasion to think that the Council was a new Council , and doe a prejudice to the King his Master's design who intended to oblige the Fathers before their separation to declare , that this Council was a Continuation of the former : so that Doctrine and Reformation having been always treated of joyntly , he would not consent that the Council should be moved to omit the matters of Doctrine , and apply themselves onely to Reformation . And for this reason he withdrew , as also the Ambassadours of Portugal and the Switzers did . The rest remained , and deputed Lansac the French Ambassadour to propose the matter in name of them all . He made the Proposal to the Legates much to the same effect as hath been mentioned , but in softer terms , that he might give them no cause of offence . The Legates answered very civilly that it was the design of the Council to settle a good Reformation , that what was already done was nothing to what they intended to doe ; but that it was impossible to alter the method which had been hitherto observed in treating of Doctrine and Reformation joyntly ; that it was in like manner impossible to put off the next Session , because all the Fathers were weary of Trent , and it was not reasonable to detain them and doe nothing . The Ambassadours made no reply ; seeing they were just going to the last Congregation to adjust the Decrees . In that Congregation the Archbishop of Granada made fresh instances for a Prorogation of the Session , but all in vain ; the Decrees were read again , and new Debates , as was usual began to be started about the Form , but the Legates found ways to keep all things in quiet .

17. September 1562. And thus in spight of all opposition , the two and twentieth Session was held the seventeenth of September . The usual Ceremonies past ; and the Bishop of Vintimiglia made a long Harangue in praise of the Pope . After that a Letter from Cardinal Amulio , Protector of the Oriental Nations , was read in the Assembly . This Letter informed the Council that one Abdissi Patriarch of Muzal was come to render homage to the Pope , had owned him for his Sovereign , and had received from him the Pallium , and Confirmation in his Patriarchship ; that he had assured his Holiness that the Religion of his People was in all things agreeable to that of the Roman Church , that it used the same Ceremonies , and that they had Books as old as the days of the Apostles At length he concluded that the People under the Jurisdiction of that Prelate , were so numerous , that they reached beyond the River of Ganges , and that they were partly under the Dominion of the Turk and Sophie of Persia , and partly under the King of Portugal . At this last word the Portugal Ambassadour starred up , and in his Master's name protested that the Oriental Bishops subjects to his Master , acknowledged to Patriarch for their Superiour . Afterward they read the Confession of Faith of that Patriarch , and the Letter which he wrote to the Council , wherein he excused himself that he could not be there ; because of the great Journey he had already made , and was still to make ; but promised to submit to all that should be Decreed therein . The Protestation of the Portugal Ambassadour made the truth of this story to be much doubted . The Council came now to their Synodal Actions , and first was read the Decree of Doctrine containing nine Chapters , and as many Canons with Anathema's , establishing the necessity of a perpetual Sacrifice , and the truth of the Sacrifice of the Mass , as being really Propitiatory . They confirmed the Ceremonies of that Sacrifice , the Purity of the Canon of the Mass , the use of the Latin Tongue in the celebration of that Sacrifice , the Masses without Communicants , the Masses in honour of the Saints , and the mingling of Water with the Wine . To this Decree the Fathers gave their consent by a Placet , except two or three and twenty , who persisted to oppose that Clause which says , that Jesus Christ offered up himself in Sacrifice in the first Eucharist . The Archbishop of Granada , the chief of those who disliked that Clause , came not to the Session , that he might not have the trouble to see a Doctrine pass for an Article of Faith , which , in his opinion , was so repugnant to Truth . But the Legates sent thrice for him , and at last forced him to come . This constraint put him into such a fret , that he had a good mind to renew his opposition , that he might be revenged for the Contempt that was put upon him , in undervaluing his opinion : and it is somewhat strange if he and so many Prelates who brought along with them a spirit of contradiction even to the Session , should all of a sudden lay it aside , and cloth themselves with a spirit of humility and submission . So that it is clear that these Bishops , The Bishops apparently ill satisfied with the Infallibility of the Council . most of them Spaniards and strict Catholicks , were notwithstanding very ill satisfied with the Infallibility of the Council . Immediately after , the Bishop who did officiate , read the Decree of Reformation against the Abuses committed in the Mass ; which prohibited , all treating and bargaining for saying of Masses ; the suffering of vagabond Priests who were unknown or notoriously infamous to celebrate ; the saying of Mass in private houses ; to be present at Service in an undecent habit ; the using of lascivious Musick in singing of Mass ; the making of noise , speaking or walking in time of Service ; the celebrating of Mass out of the hours appointed for it ; the celebrating with unusual Ceremonies ; the having a certain limited number of Candles at Mass ; and for conclusion it contain'd an exhortation to the People to repair to Mass in their own Parish Churches , at least on Holy days and Sundays . In the next place the Decree of general Reformation was read , consisting of eleven Chapters , containing hardly any thing worth the naming : onely some petty Regulations to hinder undeserving Persons from being promoted to Bishopricks . It is true that in some places the Decree seems to enlarge the Power of Bishops , allowing them the Privilege to enquire into the nature of Dispensations , to wit , whether they have not been obtained by surreption or obreption , stealth or wheadling ; to visit Hospitals , Colleges , Fraternities , Publick Stocks for rellef of the Poor , and to have the direction and oversight of all Pious Houses and Foundations ; but still with this Clause of Limitation , as Delegates of the Holy See . The eleventh Chapter decrees , that whosoever shall seize the Goods of Churches , Benefices , or publick Stocks of Charity , let him be King or Emperour , shall be excommunicated , untill he have made restitution , and that he may not be absolved but by the Pope . Lastly , the Decree of referring the matter of the Cup to the Pope was read ; and seeing it was a Decree that related to a Point of Faith , it ought in course to have come after the Decree of the Mass ; but it was otherways , because they could not get votes enough to make it pass as a Point of Doctrine ; it was an order of the Council that no Point of Doctrine could be established , if a considerable Party opposed it , though it had been carried by Plurality of Votes ; but that some casting Votes were sufficient for a Point of Reformation : And the Legates who were resolved upon any terms , that the matter of the Cup should be referred to the Pope , finding that they could not have Votes enough to make it pass for a Point of Doctrine , thought it the best way to propose it as a matter of Reformation ; and therefore it is placed in the Acts amongst the Chapters of Reformation . This Maxime that we have been speaking of , that a Point of Doctrine is not to be lookt upon as decided , when a considerable Party oppose the Decision , occasioned some Debates and Scruples , as to that Clause of the Decree , which asserts that Jesus Christ offered himself in the Eucharist , because it had been contradicted by a considerable Party ; for though there were but three and twenty Prelates that opposed it in the Session , yet it had been refuted by a great many in the Congregations , and not one of them had changed his opinion .

The Decrees of this Session gave but small content to any : the German Ambassadours , indeed , were pretty well pleased , that the Affair of the Cup was remitted to the Pope ; but the Emperour himself was not at all satisfied with it , because his great aim was to please the German People , who had no liking to the Pope's Jurisdiction . They would have much rather accepted a favour from the Council , a name they did not quarel with , than from the Pope , whom they could not endure . But the People were far more dissatisfied ; for besides the Emperour's reason , they thought they were abused , in being remov'd from one Judicature to another , seeing the Pope had referred the matter to the Council , and that the Council sent it back again to the Pope . It was taken very ill also that in the Decree of Reformation , the Power of Bishops was extended to Pious Foundations , which had been setled by Lay-men , with intention that they should be likewise governed by Laicks . They said , that that was the way whereby the Clergy had appropriated to themselves the Revenues of Colleges , Hospitals , and Pious Foundations ; when under pretext of being the Administratours , they made themselves absolute Masters of them . Now-a-days , cried they , instead of restoring to Colleges and Hospitals what the Church-men have taken from them , they put into their hands what remains , and what they have not as yet invaded . The Parliament of Paris especially , according to its Maximes , lookt upon that as an encroachment upon the Civil Jurisdiction ; because the Clergy medled with and disposed of the Goods of Seculars . In the same manner they censured the Decree , that gives Bishops power over last Wills and Testaments : for that Decree ordains that Alterations made in Wills by permission obtained from Rome is not to take effect , untill the Bishop have taken Cognisance , whether or not the permission has been obtained by fraud and upon false information . They thought Wills to be matters of mere Civil right , which the Clergy ought not to meddle in .

The Pope on the other hand was extremely well satisfied with the Actions of this Session , and , indeed , he could not otherwise chuse ; since nothing had been done there , but according to his instructions and the Orders that the Presidents had punctually observed , in spight of the opposition of all those who favoured not his interests . He took the surest measures he could for the future that matters might run in the same Chanel . He feared the Cardinal of Lorrain , knowing him to be a man of vast designs , and dreaded the coming of the French , who hold Maximes so contrary to his Authority . That Assembly of Ambassadours , who met at the House of the Imperialists , gave him a great deal of Jealousie ; but he resolved to send a fresh supply of Italian Bishops to overpower the Tramontani by number as well as by caballing : And in the mean time sent very civil Complements to the Secretary of the Marquess of Pescara , to the Portugal , Suisse , Venetian and Florentine Ambassadours , for the Zeal and Fidelity they had expressed to the Holy See ; which were not lost , for by these Civilities he engaged them more and more to his Interests .

THE HISTORY OF THE Council of TRENT . BOOK VII .
PIUS IV.

THE French Ambassadours were no sooner come from the Session , than they received a Dispatch from their Master , which ordered them to make fresh instances for a delay . New Instructions come to the French Ambassadours . It was now too late , and therefore , according to the Instructions they had received , they demanded that at least matters of Doctrine might be laid aside , and onely Reformation handled , that the French might have time to come before all the Points of Doctrine should be determined , seeing there remained no more to be discussed , but the Points of the Sacraments of Orders and Marriage , which would soon be examined ; and then the French would onely come to the Close of the Council ; whereas the head of Reformation being very large , considerable progress might be made therein , whilst the French were on their way , and enough to doe after they were come . The Legates desired their Demands in Writing , and the Ambassadours presented them Memorials , wherein the King in ample manner approved all that had been done , as to the Decisions about matters of Faith , but withall declared that he could not be satisfied that they proceeded with so much earnestness and precipitation in matters of less importance , and did not mind that which was most necessary , to wit , the Reformation of Manners and Discipline ; which was the onely means of remedying the present Troubles of the Church ; that these Decisions of Points of Faith were , on the one hand , more than needless in respect of Catholicks , because they were matters not controverted amongst them ; and , on the other hand , they did onely more and more alienate the minds of those who were separated from the Church , whom to reduce by such means , was a ridiculous fancy . After all , because the manner of proceeding in the Council was no way consistent with the Liberty of the Ancient Councils , where all had freedom to propose what they thought good for the Benefit of the Church ; the King demanded that the same Liberty might be restored to the Council , and particularly to Kings and Princes who sent their Ambassadours thither ; and that so the Clause Proponentibus Legatis should be struck out . The Emperour's Ambassadours presented Memorials which demanded the same things , to wit , that they should set about the work of Reformation with diligence ; and that every Nation might have the Liberty to commissionate two Deputies to propose to the Council what might be thought necessary for the good of the Church . The Legates made the same answer to both , that they could not break off the Method that had been all along observed , in handling matters of Faith and Doctrine , at the same time that they treated of Reformation ; and that the manner of proposing to the Legates what any one desired might be handled , had been found so good , that it was not fit it should be altered . The French expressed great dissatisfaction at this Answer . They spoke openly of these new recruits of Italians , which were every foot sent to the Council to thwart the designs of the Cardinal of Lorrain . However the Pope did not lay so much stress on his Italians , but that he used all the other means he could to divert the Cardinal of Lorrain from coming to the Council . He ordered his Legate in France , the Cardinal of Ferrara , to speak to him , and gave him intimation by other hands , that his coming to the Council would procure him no great Reputation , because he would find all things there done to his hand .

The matter of the Sacrament of Orders is handled . All the Arts that the French and Germans could use to thwart and prolong the Council , were no hinderance to the Legates , who spurred them on to the handling of the Point of the Sacrament of Orders ; which they had reduced into Eight Articles . For examination of that matter , they appointed four distinct Congregations of Divines , which were as so many Chambers , giving each Chamber Commission to examine two of them : and these are the Articles that were proposed . 1. Whether Orders be a true Sacrament instituted by Jesus Christ . 2. Whether Orders be one or more Sacraments . 3. Whether the Hierarchy consisting of Bishops , Archbishops , &c. be lawfull ; whether all Christians be Mass-Priests , whether the Gall of the People and Magistrate be necessary for the Confirmation of the Ministry , and whether a Priest may become a Lay-man . 4. Whether under the New Testament there be a visible Sacrifice , and a Power to offer up the Body of our Lord . 5. Whether Ordination confers the Holy Ghost , and imprints a Character . 6. Whether Unction and the other Ceremonies be essential to the Sacrament of Orders . 7. Whether the Priest be properly inferiour to the Bishop ; whether the Power of ordaining and confirming belongs not to the Bishop alone excluding the Priest , and whether they who thrust themselves into the Ministry without Canonical Ordination are true Ministers . 8. Whether Bishops established and installed by the Pope's Authority be lawfull , or whether it be necessary that they be established in a Canonical manner . The Congregations about these Points began the twenty third of September , and were continued untill the second of October .

The first of the four Congregations examined the first two Articles : And all the Divines unanimously agreed , that Orders is a true Sacrament . For proof of this they brought the Text of St. Paul in the thirteenth Chapter of the Epistle to the Romans , and first Verse , ( let every Soul be subject unto the higher Powers , ) quae sunt à Deo , ordinata sunt . This Argument is somewhat odd , as any man may see . But yet it is much odder , if you 'll take notice that the stress of it rests upon the distinction that was marked in the vulgar Latin , by a Comma , betwixt these words , quae sunt à Deo , and those other , ordinata sunt . The Powers that are of God , are ordained , that is to say , according to the Gloss of these Gentlemen , have received the Sacrament of Orders . For all that Gloss , a man must be very sharp-sighted to see into the force of that Argument , and , indeed , to make good sense of it . The opinions were not so uniform as to the second Article , to wit , whether Orders be one or more Sacraments . Peter Soto a Jacobin held that there were as many distinct Sacraments in Orders , as there are different Orders , to wit , seven ; and for proof of that , he found in the Gospel that our Saviour Jesus Christ before he came to the Office of Priest or Sacrificer , had gone through all the Inferiour Orders , as of Chanter , Acolite , Porter , Reader , Deacon and Subdeacon , and that he had discharged all these several Employments . But the History seemed somewhat uncouth to those who had not read the Gospel with so much attention as that honest Monk had . Another Jacobin called Girolamo Bravo was not of that opinion , but after a long discourse concluded that it ought not to be decided , that the seven Orders make so many distinct Sacraments , because of the great diversity of opinions that occur on that Subject amongst the Divines and the ancient and modern Pontifical Doctours ; he alledged it would be impossible to fix a solid Judgment , concerning the nature of Inferiour Orders , not excepting even the Deaconship , and Subdeaconship , because of that variety of opinions . He farther added that the common opinion that the lesser Orders are steps to ascend to Priesthood , was not very sure , and brought several instances from Antiquity of some who had discharged the Office of a Priest , without passing through the inferiour Orders .

The Germans and Spaniards unite to set forward the work of Reformation . When this Congregation was up , and the Prelates who had been present in it were gone , the Bishop of the five Churches stayed behind in the Chamber , with some Hungarian , Polish , and Spanish Prelates . He entertained them in discourse , and earnestly exhorted them to join together in the design of Reformation , to which the Legates would not hearken . The Archbishop of Granada then present made answer , and thanking the Bishop of the five Churches for his exhortation , said that he would assemble the Spaniards to consult about it . In effect the Spanish Prelates did meet , and concluded that they ought zealously to bestir themselves for that Reformation , and that it was necessary to begin at the Court of Rome , the corruption whereof was spread over all the rest of the Church . They discoursed angrily of the attempts that were daily committed upon the Authority of Bishops ; and Den Bartholomè Archbishop of Braganza added , that the Cardinals must be brought back to their primitive institution ; that untill the tenth Century , they had been no more than ordinary Priests ; that afterward they had risen by degrees , though in the twelfth Century they had been still inferiour to Bishops ; but that at present the Cardinals were so far above them , that they thought they did Bishops a great deal of honour , to admit them amongst their domestick Servants . But above all things it was resolved at that meeting that they should urge Episcopacy to be declared of Divine Right , and cause it to be defined that Bishops held their Authority immediately from Jesus Christ , and not from the Pope . They found occasion by the seventh of the Articles that had been proposed , to enter upon that question : Because the intent of that Article being to define that the Bishop is Superiour to the Priest ; it must be known by what Right he is Superiour , whether Divine or Humane . They were in hopes to get it defined that the Bishop is Superiour to the Priest by Divine Right , and then they imagined that by degrees they might proceed to more important Propositions . They therefore chose six of their number , Archbishops and Bishops , to digest into Order the Heads of Reformation which they ought to press . Martin of Cordova Bishop of Tortosa , had almost spoilt all their measures , because he kept intelligence with the Pope's Party , and gave them notice of the intentions of the Spaniards . But for all that , the Archbishops of Granada and Braganza made a Proposal to the Legates that the Question of the Authority of Bishops and their Superiority over Priests might be brought upon the Stage again ; a question that had been heretofore proposed in the same Council under Julius III. and decided in the affirmative that a Bishop is of Divine Right ; but because of the Rupture of the Council , left among the Decrees not published . The Legates rejected that Proposition , and said that it was not a Controversie betwixt the Hereticks and Catholicks ; and so that it ought not to be medled with . The Archbishop of Granada answered , that it was the very thing which the Lutherans denied , that that difference which is betwixt a Bishop and a Priest is of Divine Right , and derived from Jesus Christ , they pretending that it is a mere Humane Institution . In this Debate , the Legates and Archbishop came to pretty high words , but he got no ground by it . The Spaniards therefore , resolved to have the Proposal made by their Divines ; but on the other hand the Legates slyly raised a report amongst the Divines , that that question was laid aside as not to be medled with .

Whilst things proceeded in this manner , the second Congregation consisting of Divines and Doctours of the Canon Law , examined the two next Articles , one whereof related to the Hierarchy , to wit , whether it be lawfull and holy , and whether the People and Magistrates have right to give their Votes for the Ordination of their Pastours . A Canon of Valentia called Thomas Dassio spoke much , and used his utmost endeavours to prove . 1. That without gross ignorance in Antiquity it could not be doubted but that the Hierarchy was most holy and good . 2. That Episcopacy was an Order different from Priesthood , because the Bishop has Characters essentially different from the Priest , as the Power to confirm , to confer Orders , and to make other Consecrations which are peculiar to him , as that of the Oil , the Crimson , and several others . He farther said that it was ridiculous to make a Sacrament of the Office of a Porter , which was onely to shut a door , and might be very well performed by a Lay-man , and to deny that honour to the Character of him who alone hath the Power of consecrating Priests , and confirming Christians . 3. That the simple Tonsure ought to be placed as the lowest , and Episcopacy as the highest of Orders . 4. That heretofore the People had had a hand in chusing the Members of the Clergy , but that it was by a Privilege from the Pope , who had afterward taken it from the Laicks , because they had made bad use of it . In find , he concluded that Ordination was solely in the Power of him that confers Orders : And therefore it was his Judgment that they should not onely condemn the opinion of the Lutherans as Heretical , who will have the People to have a share in the Call of Pastours , but that those places in the Pontifical which mention the Suffrages of the People in the Ordination of the Members of the Clergy , should be left out ; and amongst the rest this place , which expresly saith , That it is not without reason that the Fathers thought fit that the Suffrage of the People should intervene in the Ordination of the Ministers of the Altar , to the end the People may be obedient to him who hath received Orders , because they themselves have given their consent to the Ordination . It would be very tedious to reckon up all the Disputes that were debated in that Congregation ; every one would needs give him opinion , and every one thought it a piece of honour to alledge something that was singular ; especially about the Question , whether Episcopacy be a different Order from Priesthood , many words were profusely spent . For all were not of the opinion of Thomas Dassio . On the contrary there were a great many who maintained that it is onely a Dignity superiour to that of a Priest , that gives a Jurisdiction , and not a different Order ; and they backt their opinion by the Authority of Thomas Aquinas , and Bonaventure . The School-men have made two Powers ; one which they call Potestas Ordinis the Power of Orders ; which , in their opinion , comprehends the Power of pardoning sins , offering the body of Jesus Christ in Sacrifice , and of administring the other Sacraments , except Confirmation ; and another , which is called , Potestas Jurisdictionis , the Power of Jurisdiction , which consists in the Power of inflicting Censures , and the Execise of Ecclesiastick Jurisdiction . It was very difficult to define in which Power the Hierarchy consisted . Some placed it onely in the Power of Orders , and thereby they excluded from the Hierarchy Archbishops , Bishops , Patriarchs , and the Pope himself , who are notwithstanding the Principal Members therefore ; for if the Power of Orders make up the essence of the Hierarchy , it is manifest that these Dignities are not of the essence of the Hierarchy , because they constitute not different Orders according to the Judgment of Divines . Others placed the Hierarchy in the Power of Jurisdiction ; but by that means the Pope , Patriarchs , Bishops and Archbishops were the onely Members of the Hierarchy , and the Priests excluded . A third opinion struck in , which established the Hierarchy in the one and the other Power , both in that of Orders , and that of Jurisdiction ; and this , as being the most commodious was submitted to by all the rest .

They had no less trouble to agree upon that which makes the form of the Hierarchie ; that is to say , what is the essential ground upon which the Character of the Sacrament of Orders , of the Hierarchical dignity subsists , so that without this a man cannot be a capable Subject neither of Priests Orders , nor of Episcopal , Archiepiscopal , or Papal dignity . Some said it was Charity ; but this opinion was clogg'd with a great difficulty , that a Priest losing Charity , must be excluded from the Hierarchy , and lose his Authority and Right of governing Christian People , and opinion attributed to Wicliff . Others would have it to be Faith unformed or destitute of Charity . But to this it was objected , that it was not impossible but that a Prelate might be without that Faith unformed , and be inwardly an Infidel ; that in that case all the acts which he did , and all the Sacraments he administred would be of no effect , an opinion that might raise great Scruples , and put mens Consciences into great perplexities . And therefore a third sort , placed this form in Baptism ; but neither did that salve all difficulties , because the intention of the Minister in Baptism is necessary , and that that intention is more hid than either Faith or Charity . So many difficulties appeared every way , that they could not tell what to six upon . The fourth Article which contained the questions , whether all Christians be Sacrificators , whether a Priest may become a Laick , and whether the Minister of the Gospel has no other office but to Preach , was not handled by way of examination ; but onely by Invectives against the Lutherans .

The third Congregation which had the examination of the fifth and sixth Articles met not with so great difficulties . The question was to know whether the Holy Ghost be given in Ordination . All agreed upon it ; onely some said , that the very Person of the Holy Ghost was conferred , and others maintained that it was onely by the gift of Grace . Some would have the Grace that is conferred is Orders to be the gift of Justification . Others said , that it was a peculiar gift , having a relation to the Office that was to be discharged . All agreed likewise that Orders did imprint a Character ; but some maintained that it was onely imprinted in the higher Orders , and others would have every one of the seven Orders to be effectual in stamping a Character . Some there were who made use of the distinction of Durandus , and said that if by the Character were meant a power to doe a spiritual and supernatural action , that then that Character was onely imprinted in the Priesthood : but if by the Character they meant a Deputation of a particular Office , that it that sense all the Orders might have their Character . But that distinction was lookt upon to be dangerous , because it favoured the Lutherans ; for that is really their opinion , that the Character consists in the Deputation of a man to a certain charge , in such manner that the man being no longer deputed to that Office , his Character is extinct . There was much more difficulty on the Subject of Episcopacy ; for the question was brought about again , to wit , whether it be a particular Order , and whether it stamps its Character : many were for the Affirmative , because he hath two great spiritual actions to perform ; that is , to Confirm and to give Orders , and that therefore the standeth in need of a peculiar Gift and Character . These Points were handled in so dry , knotty , and tedious a manner , that the Prelates who were present at the Disputations were quite sick of them ; and that made them resolve to be short about these differences , and to define nothing but in general terms . The sixth Article concerned the Unctions and the other Ceremonies of Ordination , to know whether they were essential to that Sacrament . That was not so easily agreed upon . All the Divines were satisfied indeed , to make a distinction betwixt those which were of absolute necessity , and those which were less necessary : but when it came to be determined which were the less necessary Ceremonies , opinions varied extremely . A Portuguese Divine , Doctor of the Canon Law , called Melchior Cornelio , shew'd that the Imposition of hands was the onely Ceremony that could be termed essential , because the Apostles made use of it , and never gave Ordination without that Imposition . He went a little farther , and proved that that Ceremony was not of absolute necessity ; because the most famous Doctors of the Canon Law , such as Hostiensis , Johannes Andreas , and others do affirm , that the Pope can confer Orders by saying onely , Be thou a Priest . Innocent IV. Who is reckoned the Father of all the Canonists , and who hath made an Apparatus upon the Decretals , saith the same , that a Priest may be made Priest by a word of him that giveth Orders . From all which he concluded that it ought not to be defined that these Ceremonies are necessary , because the degree of the necessity cannot be limited , and that it ought to be enough to condemn those who affirm that they are Superfluous or Pernicious .

During these Conferences of the Divines , the Prelates were busie about the matter of Reformation , and had many Conferences among themselves concerning it . Every day Assemblies were held upon that Subject at the Solicitation of the Ambassadours of Princes . The Imperialists and French were loud in representing their Grievances , and spoke of them to so many , that it was the whole town-talk in Trent . This gave the Legates á great deal of trouble , but on the other hand also , The Presidents make a Collection of the Demands of the French and Germans for a Reformation , and send it to the Pope . it did them some good ; for they were ashamed to see that they were the onely men who opposed that Reformation which all Europe so passionately desired . Wherefore , at length , as if they had resolved to make some steps towards a Reformation , they made a Collection of all the Proposals of the Imperialists and French , and sent it to Rome , that the Pope might give them Orders what to doc about it . The Pope was vexed to see the Instructions which the King of France had sent his Ambassadours ; he designed to put an end to the Council at least with the year , and by these instructions , he found that not onely they demanded of him a delay , but also that they intended still to cut out work for the Council for a long time . He had many long Conferences upon that Subject with the Ambassadour of France residing at his Court . He told him that when he desired the least compliance from the Fathers of the Council , immediately they cried out that he oppressed their Liberty ; that therefore he could not oblige the Prelates to a delay , to which they had a deadly aversion , because they were weary of the long stay that they had already made at Trent . At the same time he cunningly struck at the Cardinal of Lorrain , saying that there was no necessity to wait for him , for handling Points of Doctrine which he did not in the least scruple at as being a good Catholick , but that it was proper for him to be present at the Reformation , that he might come in for his share as being a second Pope , who enjoyed near a Million of Livres a year in Church Livings , and possest several Benefices , whilst he himself being Pope enjoyed but one , wherewith he was content ; that for his part he had not been wanting to reform himself and his Officers ; that he would doe more still , but that such Reformations would sink his Revenues , and that the smaller Rents he had , the less he would be in a condition to defend the Church against Hereticks . He father said , that he wished with all his heart that they might come to particulars concerning those abuses of which a Reformation was desired , and that then experience would shew that most of them come from Princes ; because the abuses of the Court of Rome which men kept so great a stir about , consisted chiefly in the promotions of undeserving men to great Benefices , to which they were presented by Kings , and in Dispensations that were extorted from him by the violent solicitations of Princes . That the other abuses which were not in the Court of Rome , but in the several Provinces of the Church sprung from the same source , to wit , the had use that Princes made of their Authority , in their Presentations to great Benefices .

The Spaniards find means of having the question examined , whether Episcopacy be of Divine Right , and thereupon violent debates arise . The fourth Congregation of Divines had in charge to examine the Superiority of the Bishop over the Priest . At first they made a distinction betwixt the power of Consecrating and Celebrating the Sacrifice , and the power of pardoning sins . According to the Doctrine of St. Thomas and Bonaventure they said , that the power of Consecrating was alike in the Bishop and Priest , because in that properly consists the power of Orders ; but that the power of pardoning sins was greater in the Bishop than in the Priest , because that power consists not barely in that which is called the power of Orders , but is made up also of the power of Jurisdiction . They made several reflexions thereupon which were of no great importance , nor occasioned much debate ; for they all unanimously agreed upon that Superiority of the Bishop over the Priest . But the Spaniards had pitcht upon this Article as the most proper to bring in the Question which they intended should be defined in spight of the Legates , to wit , whether Episcopacy be of Divine Right or not : that is to say , whether Bishops hold their Authority immediately of Jesus Christ , or onely of the Pope . They proposed to themselves great advantages from the decision of that Controversie , because by having it determined that the Bishop is of Divine Institution , and that he derives his Authority from Jesus Christ and not from the Pope , they pretended to render their Character more considerable , and secure it from the attempts of the Court of Rome . For if the Authority of Bishops proceeds immediately from Jesus Christ , it follows clearly that men can doe nothing to the prejudice of it . And if the Pope be not the Original of that Authority , it is evident that he hath no power to lessen it , nor to exempt from under it those that are subjected thereunto , as he dayly doth . The Legates at first , were not sensible of these Consequences , and therefore they could not devise from whence sprung that eagerness of the Spaniards upon this Point , but they soon smelt it out , and vigorously withstood it . So then the Spaniards according to their project put their Divines upon the breaking of the Ice , and beginning the Dispute . Michael Oroncuspe Divine to the Bishop of Pampelona , was the first that proposed the matter ; he alledged that in the design of condemning the Lutherans , the question moved properly upon this hinge , by what Right Bishops were Superior to Priests ; that as to the Superiority , the Lutherans could not deny it , but yet maintained it to be a mere Humane Constitution ; that if then it were true that that Superiority was a Humane Establishment , it would be unreasonable to make it Heresie in the Lutherans , that they abolished an Order which was not appointed immediately by God ; that for his own part , he lookt upon it as a most certain truth , that a Bishop is Superiour to a Priest by Divine Right , but that he could proceed no farther , because he was prohibited by the Legates . John Fonseca a Divine of the Archbishop of Granada observed not so strict measures . He said in the beginning of his discourse , that he did not conceive why that question was not allowed to be spoken to , and for what reason it could be prohibited . He laid open the importance of the matter , and proved by Reason , by the Fathers and by the Scriptures , that Bishops are the Successours of the Apostles , as the Pope is of St. Peter ; that both the one and the other have immediately received their Authority from Jesus Christ , as Supreme Courts and Inferiour Judicatures have been alike established by the Prince , whence it is that Supreme Courts cannot encroach upon the Authority of Inferiour Judges , because the Authority of both flows from the Prince who hath set proper Limits to those several Tribunals . Cardinal Simoneta with extreme impatience listened to this discourse , which was delivered with as great earnestness . He turned several times about to his Collegues , and was ready to have interrupted the Divine ; but he durst not , because he saw that all the Prelates heard him with extraordinary attention . Anthony Grass●t , a Jacobin Monk , enforced this truth with new Arguments , and carried it farther on . He affirmed that Bishops were not obliged to give an account of their Administration but to Jesus Christ alone . He urged the exhortation of St. Paul to the Bishops of Ephesus , that they should feed the Flock over which the Holy Ghost had made them Overseers . If it be by the Holy Ghost , said he , it is not by the Pope . He could not forbear to lash out against those who in former Conferences had said , that the Pope divides the Flock among the Bishops , and said it was to open a door to a kind of Schism which St. Paul found fault with in the Church of Corinth , where they said , I am of Peter , and I am of Paul , affirming that all Bishops had right to say with St. Paul , for me I am of Jesus Christ . He said that the Pope was onely the Minister and Instrument of Jesus Christ , and therefore what is done in the Church ought not to be attributed to him , but to Jesus Christ who is the Principal Efficient Cause . He perceived that his Discourse had been a little too bold , and fearing that the Legates might enjoyn him silence , and bring him into trouble ; he therefore made a kind of Apology , and said that he had gone farther than he thought to have done , and that he had forgot that it had been prohibited to speak to that Point . But the Legates saw into the Intrigue , and knew it to be a design laid by the Spaniards , and particularly the Archbishop of Granada ; but finding that the discourses that were made had left a deep Impression upon the minds of those that were concerned ; they thought it necessary to refute reasons by reasons , since matters were gone so far . Therefore they enjoyned the four Divines who were still to speak , to refute the Spaniards , and to prove that Bishops hold all their Authority from the Pope , and not from Jesus Christ ; that the onely Episcopacy of Divine Right , is that of the Pope ; who hath received Orders to place Bishops in several Churches ; and who hath also power to enlarge or restrain their Authority , and to depose , suspend , or translate them to other places .

When the Disputes of the Divines were over , the Legates had a mind to propose the matter of Reformation , but they knew not how to set about it . They durst not offer at Trifles , as had been done in former Sessions , and it was very difficult for them to propose important Points , there being none wherewith some body would not be displeased . The Reformation of the Bishops and Clergy exceedingly pleased the Ambassadours , but that displeased the Bishops : that which pleased the Bishops and Clergy , could not give content to the Ambassadours ; for that tended to lessen the Power that Princes had acquired over the Clergy , by the abolishing of Canonical Elections , and by the Right of Nomination to great Benefices . And , in fine , that which might please the Ambassadours and Bishops , at the same time displeased the Pope , for that tended to the Diminution of the Greatness of the Court of Rome . So that being overwhelm'd by these Perplexities they wrote to the Pope , giving him notice , at the same time , that the Spaniards pressed hard , to have Episcopacy to be declared of Divine Right . They put the Pope also in mind that , this was the place where they had promised to state again the Point of the Divine Right of Residence ; to wit , when they treated of the Sacrament of Orders . They acquainted him that having sounded the Prelates , they found threescore stedfast for the Divine Right of Residence , and that there was nothing to be got of them : that the Marquess of Pescara had done all that lay in his Power to perswade the Spanish Bishops , but without any effect : that the Spaniards murmured that there should be a design of referring that Article of Residence to his Holiness , as the Point of the Cup had been , and said if they intended to go on in that manner , it was very needless to call a Council at a great charge for deciding matters of small importance , and refer the great affairs to the Pope .

This advice that came to the Pope from Trent , with the news which he received from other places gave him great disturbance . For he had certain intelligence from several parts that the Cardinal of Lorrain was coming to the Council with design to have the Election of the Popes so regulated , The Cardinal of Lorrain prepares to goe to the Council , and the Pope is allarmed at it . that the Prelates beyond the Alpes might have a share in that Dignity , and be chosen in their turn . He was allarmed at this news , wrote of it to all the Italian Princes , and laid before them what a prejudice it would be to suffer other Nations to share in that advantage with them . He thought it also expedient for preventing the designs of the Cardinal of Lorrain to renew the Publication of the Canons , which had been heretofore made against the Abuses committed in the Election of Popes . He therefore published a Bull to that effect , bearing date the Ninth of October 1562. He received also vexatious news from the Court of Spain , though that was the Court in Christendom most at his Devotion ; for he was informed that the King of Spain held Congregations about matters of Reformation ; that he prepared new Proposals , and designed the Count de Luna in quality of a new Ambassadour to carry his Propositions to the Council . The Court of Rome in the mean time being very well satisfied with the Marquess of Pescara , because he was wholly devoted to the Pope , was not willing that he should either have a Collegue or a Successour .

About the same time the Abbot of Mante was sent to Rome to acquaint the Pope in name of the King of France , that the Cardinal of Lorrain with a good number of French Bishops were setting out on their Journey to the Council . The news did not at all please him , because he always dreaded the Union of the French and Spaniards in the matter of Reformation . However he must dissemble and pay Complements with Complements . The Pope therefore profest that he expected great assistance from the Cardinal , who was the second Ecclesiastick Person in Europe , and little inferiour to the Pope ; but for all that , he said he was obliged to hasten the Conclusion of the Council ; because it was so chargeable to him , that if it continued , he could not be able to furnish the King the money that he had promised him for the War . But to give a hint that he was resolved to stand his ground against the French , and to maintain himself in his Sovereign Authority over the Council , he concluded with this , that for his own part he had no other Authority in the Council , but to approve or reject its Decrees , seeing without his Confirmation they could have no force . By the same Envoy the Pope received very Civil Letters from the Cardinal of Lorrain : he endeavoured to get out of the Abbot of Mante what it was that the Cardinal had to propose to the Council , but the Abbot answered him onely in general terms .

The Pope had established a Congregation of Cardinals for consulting about and examining the business of the last intelligence that he had received from Trent : and it was the opinion of this Congregation that the Point of Residence ought to be concluded before the arrival of the French ; that the Legates should use their utmost endeavours to get the matter referred to the Pope , that if there was no way to take the Prelates off from handling that Point , the next thing to be done was , to decree the necessity of Residence under Penalties and Prospect of reward , but that they must have a special care not to declare it of Divine Right . The same course was agreed upon as to the Divine Right of Episcopacy , that the Council must by no means be suffered to declare that the Authority of Bishops is derived immediately from Jesus Christ . As to what concerned the Reformation of the Court of Rome , that his Holiness must write to the Legates not to offer to meddle with it , and that for other parts of Reformation he should leave it wholly to the Council : that the Legates should pick out of the Proposals of the Imperialists , and the Reformations which the French had made at the Conference of Poissy what they judged most convenient , and let them pass by Vote in the Council By this means they thought the Pope might perform the promise which he had often made to the King of France , to cause the Decrees of the Assembly of Poissy to be confirmed by the Council . But this Congregation of Cardinals found it a harder matter what to determine as to the Conclusion of the Council . The Court of Rome passionately desired it ; but they could not see how it could be so soon accomplished . They foresaw that the Cardinal of Lorrain who was shortly to be there would certainly find ways to appose it , by proposing a great many new matters to be discussed : For besides the design he had of reforming the Abuses committed in the Election of Popes , he had many things to offer about the manner of Collation of Benefices , the Plurality of Livings , the Communion in both kinds , the Marriage of Priests , and the Divine Service in the vulgar Tongue . Some were of opinion that the Cardinal of Ferrara Legate in France should be recalled , and the Legation given to the Cardinal of Lorrain , hoping that that might work two good effects ; first that this Commission would retain him in France , and then that the honour of it would satisfie that Ambitious Soul who was accused of having made parties to get himself chosen Patriarch in France . Others were for sending a fresh supply of Cardinals to Trent , to counterbalance the interest and credit of Lorrain . So all things well considered , the Court of Rome thought it not fit to give the Legates precise Orders as to the Conclusion of the Council ; but onely to exhort them to carry on things with all possible diligence , not to suffer the matter of the Election of the Pope to be touched ; but rather to break up the Council and to return to Rome . Whilst these resolutions were taking at Rome , the Council named Prelates for framing the Chapters of Doctrine , and the Anathema's concerning the Sacrament of Orders : the chief of the Deputies were the Archbishop of Zara , and the Bishop of Conimbre both Spaniards . They made a Minute of the Decree , wherein they inserted that the Bishop is Superiour to the Priest by Divine Right : but the Legates opposed that , and would not present the Decree in that form , under pretext that no Decision ought to be inserted , but such as regarded the Articles that had been proposed , and that this was none of those eight which had been submitted to the Examination of the Divines . So that they not onely struck out that Clause , but resolved amongst themselves that if any Spanish Prelate in the Congregations demanded that Article to be inserted , the Cardinal of Warmia should interrupt him , and assert that that was not a question to be handled in the Council , because there was no Controversie about it betwixt the Catholicks and Hereticks . The first Congregation of Prelates after that of the Divines , was hold the thirteenth of October ; there the Canons concerning Doctrine were read as they had been amended by the Legates . The Patriarchs and Bishops who spoke first , approved the Decrees ; The Discourse of the Archbishop of Granada , to prove Episcopacy to be of Divine Right seconded by the Spaniards and many others , and oppugned by the Pope's Party . but when it came to the Archbishop of Granada's turn to speak , he stuck at the seventh Article , wherein the Superiority of the Bishop over the Priest was mentioned , and demanded that it might be declared to be of Divine Right . And then he vigorously proved that Bishops hold their Authority from Jesus Christ . He brought a great many Arguments from Antiquity , to evince that Bishops heretofore did not carry themselves towards the Pope as to a Sovereign Master , that they called him their Brother and Collegue , and for instance alledged the Letters of St. Cyprian and St. Austin to the Bishops of Rome . He refuted smartly and in way of Raillery what the Divines of the Pope's Party said , that either the Apostles were made by St. Peter , or if they were made by Jesus Christ , it was a personal Privilege , and ought not to descend to Bishops , as the Successours of the Apostles . He maintained and explained the opinion of St. Cyprian touching the Episcopat , that it is one , but that it is divided amongst all Bishops , of which every one has an entire share . He said that the Pope was a Bishop as he and all others were , because they were all Brethren : that the Pope , indeed , was Chief of the College of Bishops , but that notwithstanding that Headship he was still their Collegue , having received his Authority from one and the same Master . The Cardinal of Warmia according to the design that was laid , interrupted the Archbishop of Granada , telling him that they had no Controversie about that matter with the Lutherans . To which the Archbishop replied , that it was not so ; that they had Controversie concerning that with the Lutherans ; seeing the Confession of Ausburg puts no difference betwixt a Bishop and a Priest , but what was a Humane Constitution . And so the Legates could not carry the point of imposing silence on the Prelates ; for the Bishops insisted upon the same Subject , and the Archbishops of Zara , and Braganza stood stiffly up for the Proposition of Granada , that it should be inserted in the seventh Article , that the Superiority of the Bishop over the Priest is of Divine Right : and maintained this Thesis by several Authorities , that the Power of Bishops proceeds immediately from Jesus Christ . Nine and fifty Prelates were of the same opinion , and the number , in all appearance , had been much greater , had not a great many been absent ; some because they were really sick , and others because they pretended to be so , that they might not be concerned in a Dispute that would produce nothing but trouble to those that should speak their mind freely , as it had happened in the Debate about Residence . The Bishop of the five Churches joyned with the rest in the opinion of the Divine Right of Episcopacy . But above all , an Hungarian Prelate a Cordelier called George Zischovid Bishop of Seigna delivered his Judgment on that particular , in such a manner astunn'd all the Pope's Party . For he said , that it could never have entered his thoughts , that a Council would have called in question whether Bishops were of Divine Institution or not , and it was the same thing as if the Council it self should question the Divine Right of its own Authority . For if Bishops , said he , be not of Divine Right , the Council is onely an Assembly of Secular men , wherein Jesus Christ presides not . No man gives that which he hath not , the whole is of the same nature with its parts ; and so by consequence it cannot be said that Councils derive their Authority from God . He proceeded and said farther , that the Bishops who made up this Council had been very bold to pronounce Anathema's , if they thought their Authority to be onely from a man . He prosecuted his Argument with so much vigour , and made the truth of it so perspicuous , that the Assembly was surprised at his Discourse . The Legates found now that no means were to be neglected on this occasion ; they did not at first perceive what was drove at ; but they quickly came to understand that no less was thereby aimed at , than the wresting the Keys out of the Pope's hands , and the giving them to all Bishops in General : they saw that the design was to make Bishops equal to the Pope , onely allowing him the Dignity of Precedency . This put them to their shifts how to ward that blow . They set their usual Engines to work ; and solicited the Pope's Creatures to the end they might carry it by Faction and Parties . And at the same time to quiet the Spaniards they resolved to grant them somewhat , by framing a Canon in these terms , that Bishops have from God the Power of Orders , without mentioning the Power of Jurisdiction ; and sent Father Soto to solicite the Spaniards to be satisfied with that ; but there was nothing to be done with them . This method not succeeding , the Legates essayed to employ the Fathers about other matters , to take their thoughts off from this ; and , at length , endeavoured to have the Decision of that Point referred to the Pope . Nothing could be done in this , unless they could bring over a considerable number of Votes ; and therefore to perswade some , and to give a fair pretext of retractation to others who might be gained by tampering , they set on Father Lainez General of the Jesuits . This Oratour appeared in the lists with a premeditated Speech , and if the truth were known , composed by the four Jesuits who were at the Council , and especially by Caviglione . The Harangue of Lainez General of the Jesuits against the Bishops , and the Divine Right of Episcopacy , and what it produced . That he might have leasure enough to enlarge , the Legates designed him the whole time of a Congregation : And therefore they made him absent himself from the last Congregation which was to be held upon that Subject , and wherein he was to speak the last of all , and held a Congregation on purpose to give him a hearing . He spoke very handsomely for the space of two hours , with a great deal of Rhetorick and Vehemence . He laid down for his Point , that in the Pope alone all the Power of the Church resides ; and this he endeavoured to prove by Scripture , by the Fathers and by Reason . He forgot not the Testimony of St. Cyprian who saith that there is but one onely Episcopat , but he turned it into a quite different sense to that which the Archbishop of Granada had given it . For he pretended that according to the Judgment of that Saint , there is but one Bishop as one Episcopacy , and that the Pope is that one Bishop who gives the Administration of the Power wherewith he is invested to others under him , as he thinks good . He maintained that Jesus Christ gave St. Peter alone the Commission of seeding his sheep , when he said to him , feed my Lambs , and that St. Peter gave it to the rest in these words which are to be read in the fifth Chapter of his first Epistle , feed the Flock which is among you ; that all Authority proceeds from the Pope ; that though Jesus Christ himself sent out the Apostles , yet in that he did the Office of St. Peter ; that Bishops in all their Actions are no more but the Delegates and Substitutes of the Holy See , so that their Charge is but in Commission , and if they be called Ordinaries , it is onely because their Commission is perpetual , and that they may have Successours ; that the Council derived no Authority from the Bishops , but onely from the Pope , and that a Council cannot be reckoned General without the Authority of the Holy See : That fifty Prelates who decided important matters in the first Convocation of the Council under Paul III. could not , without the Pope , be called a General Council , nor in that Quality make Decisions which should oblige the Conscience ; that when the Pope was present at a Council , he alone made the Decrees , and the Council interposed in no more but their Approbation : wherefore on such occasions , it is onely said sacro approbante Concilio . He farther said that in matters of great importance , the Pope needed not the Approbation of the Council , which appeared by the Deposition of Frederick II. in the General Council of Lions : where Innocent IV. refused the Approbation of the Council , lest it might have been thought necessary , and thought it enough to say sacro presente Concilio . In a word , that General broached the Maximes of Italian Theology in savour of the Pope , beyond all imagination . This extravagant zealous discourse produced very different effects , for it ravished the Faction of the Court of Rome , but disgusted and offended most of the rest to the highest Degree . And particularly , the Bishop of Paris protested that in the first Congregation when it should come to his turn to speak , he would openly and boldly speak against that Doctrine . He said in all places , that it was invented by Thomas de Vio Cajetan that he might merit a Cardinals Cap for the good Service ; that ever since he was born , it had been censured by the Sorbonne , that the Government of the Church was degenerated into Tyranny , and that the Spouse of Jesus Christ was become a slave , and in a manner prostituted to the lust of one man . That he could no longer endure these Invasions of Episcopal Authority , which was encroached upon by every new Order of Monks that start up in the World ; that it had received a great blow by the planting of those two Seminaries of Clugny and the Cistertians ; that since the Mendicant Orders appeared in the World , the Authority of Bishops was almost wholly suppressed ; and that in fine , to ruine the Church totally , that new Society of Jesus which was neither Secular nor Regular , was more Pragmatical than all the rest in attempting against Episcopal Authority . These discourses which the Bishop of Paris had in all Companies with extraordinary eagerness and zeal , rouzed up the drouzy , and blew the coals in those who were already all in a flame ; insomuch that there was a murmuring , and universal discontent over the whole Council against the Harangue of the General of the Jesuits ; and therefore the Legate perceiving that it had wrought an effect quite contrary to what they expected , discharged him from publishing it , as he had intended . But notwithstanding , he dispersed several Copies of it , partly to get himself Reputation , and partly to soften some hasty words that he had let slip in speaking . In the mean time the Legates gave not over their tamperings to make a Party against the Spaniards , and their Canvassing was so open and apparent , that Lansac Ambassadour of France , a man of wit , and who was free enough in this discourse , could not forbear to play upon them . One day at a great entertainment , there was a discourse started about the form of Ancient Councils , wherein Princes by themselves or by their Ambassadours , and the Presidents of the Council gave their suffrages , whereas neither one nor other gave their Votes in that of Trent . It is true , for Ambassadours , said Lansac , they have no Vote here , but for our Presidents the Legates , they give vota auricularia , and whisper their opinions softly in the ear .

About this time the Legates met with some satisfaction , but of short continuance , for a certain Spanish Doctor named Zanel , betraying his Party , presented them with thirteen Articles of Reformation relating to the Spaniards , which he was of opinion ought to be set on foot to stop the mouths of those who appeared to be such Zealous Reformers . These Articles struck at some Abuses whereof the Reformation would have been very severe to the Spaniards , and mortified them extremely . But this Counterbatterie could not doe all the execution they desired ; because these Articles of Reformation depended upon a great many others which related to the Court of Rome : and the Legates were not of the mind to Sacrifice their own interest and that of their Master to a little revenge on their Enemies . After all they had enough to do to defend themselves , they were not in a condition of assaulting others , for the Spaniards , French , and Germans , gave them continually the allarm . The Bishop of the five Churches received Letters from the Emperour for the Legates , to procure of them that nothing but Reformation should be handled , which was a fresh Persecution . But they stood this brunt , and had no regard to the demand . They were somewhat indeed pleased that the Ambassadour of Poland of whom they had no apprehension , and who was come to pay them homage from afar , was arrived at the Council . The five and twentieth of October a Congregation was held to receive that Ambassadour whose name was Valentine Herbut , Bishop of Premissa . But that was not enough to charm away the fear that the coming of the Cardinal of Lorrain put them in ; he drew nearer and nearer dayly , and so did the Jealousies and Apprehensions of the Court of Rome and of their Party at Trent . The Cardinal pleased himself in his Journey , to give it out that he was going to employ a good many Engines for lessening the Grandure and Revenues of the Court of Rome . They therefore sought out means to break his measures , and spoil his designs . Some Proposed that the surest way to put a stop to the French was , to take them on their weak side , and to demand the Reformation of their own abuses . For they who are most eager in Reforming of others , are unwilling to be Reformed themselves . The Pope who on his Part , thought on all the ways that might prevent the attempts that were levelled against his Authority , gave the Legates Order to curb the boldness of the Prelates in a far other manner , than they had hitherto done . Nay , and there were some who advised the Pope to remove to Bologna , that so he might be near , and keep the Council in awe . But the Legates found out a much better Expedient to get out of harms way , and that was to transfer , suspend , or break up the Council ; the difficulty consisted in the execution of this design ; and because that was a remedy which they could not make use of , they cast about for another . They at first thought it most convenient to give time to the tumult to settle , which the Tempest of General Lainez discourse had raised ; and so they interrupted the Congregations . But this Remedy augmented the Disease , and occasioned complainings against the Legates , and many private Assemblies , where new measures were dayly taken against the interests of the Court of Rome . After seven days had been spent without any Congregation , the Spaniards lost all Patience ; they went to the Legates who were met at Council , and demanded Audience for making new Instances that Episcopacy might be declared to be of Divine Right . This they did in a stately grave manner according to the humour of that Nation ; protesting if that were refused them , they would appear no more in any Congregation or Session . To Counterpoise this Party , the Legates solicited eighteen or twenty Prelates to demand with the same earnestness that no Decision might pass upon that matter . They looked upon this as an excellent Sally-port to get out at . For , said they , some would have it , others oppose it , what course can be taken to please both Parties ? But this fetch of the Legates did not take ; for that made the contrary Party fortifie themselves and to keep private Assemblies in greater number , to find out means for supporting the Interest of their Cause . The Pope's Party did the like ; so that the Council was broken and divided into a great many little Conventicles , which made so great Tumult , that at length , the Legates feared some disorder . The Cardinal Simoneta was most concerned in the allarm , because he saw himself alone exposed to the shock of so many contradictions . He complained that he was not seconded by the Cardinals of Mantua and Seripando , and that they had still some secret inclination for the Party that opposed the Interests of the Court of Rome . The Presidents had likewise procured Letters from the Marquess of Pescara , wherein he pressed the Spaniards to condescend , and not to offer at any thing that might be opposite to the Interests of the Holy See . But they had no regard to the Instances of the Marquess ; they made Protestations , indeed , that they had no intentions of proposing any thing contrary to the Interest of his Holiness ; nevertheless they declared that they could not abandon the truth which they had espoused ; and that they doubted not to find easie means to Justifie their Conduct to the King : that they were sent to act according to their Consciences , and that they could doe nothing to the contrary . And , in effect , they sent one of their number to Spain , to Justifie all their Proceedings to the King .

At length the Congregations began again the third of November , and the Legates proposed afresh , the Articles of Doctrine concerning the Sacrament of Orders . The matter of Residence is again proposed afresh . This was handled three days , that is , the same things that had been said before were said over again . In fine , the Legates after so long delay , being overcome by the instances that were made to them to keep their promise they had made of bringing the Point of Residence again under Deliberation , resolved now to propose it . They laboured to make a Decision that might give content to all , but found it a difficult task to cast it in such a mould as might satisfie both the Pope and the different Parties that were in the Council . For the Council was divided into three almost equal parts ; the first were for referring the matter to the Pope ; the second would have it decided in the Council ; and the third that it should be handled in the Council , but with the consent of his Holiness . There were four different opinions concerning the manner of framing the Decree about Residence . Some were for having the Necessity of Residence onely decreed under such Penalties and Rewards as might keep Bishops from violating that Law . Others were of opinion that the Decree should be a bare Decree of Reference to the Pope . But some desired that that Reference might be demanded by the Prelates , and others that it should be demanded by the Presidents ; so that this second Party branched out into two . The third and last were of the Judgment , that the Pope without consulting the Council should anticipate its Decisions , and emit a Bull commanding Residence ; and then the Council would press the matter no more , it beng already done to their hands . But the Legates found Difficulties in all these opinions . It is true that the Bishop of Mazara a Town in Sicily had by canvassing and caballing brought over seven Bishops from the Spanish Faction , and perhaps that was the thing that brought them to a determination . For , at length , they resolved to strike in with the first opinion , and to frame the Decree , without deciding whether Residence were of Divine Right or not , but onely enjoyning it as necessary under Penalties and Rewards . The Cardinal of Mantua proposed it to the Congregation in that form , and did it with all the Address he could . He gave them to understand that all that could be required was onely a punctual performance of that which every one judged necessary , and that it was not convenient to deviate from that by needless Questions ; that the matter was not great , of what Right Residence were , provided it were duely observed ; and added that it was the opinion of M. de Lansac the French Ambassadour . In the Decree , which was read , among other things it was enacted that Resident Bishops should not be obliged to pay Tenths to their Princes . And this Clause was very gratefull to the Bishops ; but it startled all the Ambassadours , and engaged them to oppose the Decree . Lansac the French Ambassadour took notice of two particular wrongs in the Conduct of the Cardinal of Mantua ; the one was , that in the Decree the Catholick King was named before the most Christian King ; and the other , that the Cardinal had abused his Confidence . For though he had in Discourse let slip a word , and said , that it signified not much whether Residence were of Divine Right , provided it were observed ; what he spoke as a private Person in a familiar Conversation , ought not , in his opinion , to have been mentioned in Council as the opinion and advice of an Ambassadour . The satisfaction which the Prelates received in that the Council had exempted them from Tenths , lasted not long : their eyes were immediately opened , and were let see that it was a snare laid for them , and a plausible wheadle to make them the better digest the refusal of declaring the Divine Right of Residence , which was obstinately made them . And indeed , they well perceived , that the Council intended to grant them a Privilege which they could not put them in possession of , because Princes would never give way to it : nay the Italians themselves were made sensible that even in the Ecclesiastick State , matters would goe as they had gone before , and that they would be still made to pay , by virtue of a fair , non obstantibus , &c.

They come again to the question whether Episcopacy be of Divine Right . In the Congregation the day after , they came to speak again of the Sacrament of Orders , and the Bishop of Segovia revived the question of the Divine Right of Episcopacy . This Bishop had been a Member of the Council held under Julius III. wherein Episcopacy was said to have been defined to be of Divine Right . The Legates and Pensioners of the Court of Rome maintained that no such thing had been done in that Council . And the Bishop of Segovia who had a very fresh Memory , averred that it had , and mentioned the hour and day when it was so decided . The Cardinal of Mantua seemed to be very incredulous , and ordered the Acts of Council to be brought out . Which being done , these words were found in the third Chapter of Doctrine concerning the Sacrament of Orders . Besides that , the holy Council teacheth , that Bishops have been instituted by Divine Right , seeing it is evident in the Gospel , that our Lord Jesus Christ himself called the Apostles , and promoted them to the Degree of Apostleship ; and in their places the Bishops have succeeded . It ought not then to enter into the thoughts of any one , that that so eminent and necessary a Degree hath been brought into the Church by Humane Institution . And the eighth Canon said , that whosoever shall say that Bishops are not instituted by Divine Right , &c. Let him be Anathema . This was positive and downright : and therefore the Cardinal of Mantua was suspected to have caused this Piece to have been produced , purposely to favour an opinion which he held , and durst not openly declare and own . For all that , the Pope's Party would not yield ; but they durst not say that the Council had erred , for the Decree had been framed by the same men that had made the rest , which past for Articles of Faith ; and for want of the Formality of Publication , it was no less the Act of a Council to which Infallibility was ascribed . They therefore stood their ground , and maintained that these words ought to be interpreted of the Power of Orders , and not of Jurisdiction ; so that the Congregation was spent in Janglings about the Sense of the Decree .

At length the Cardinal of Lorrain , having been long expected , entered Italy , and the Pope could not but cause the Session to be put off , The Cardinal of Lorrain arrives in Italy , and the Pope sends to sound him . that the Cardinal might be present at it . But he ordered that it should not be delayed beyond the Month of November ; and we shall see in the sequel what accidents occasioned its delay untill the Month of July in the year following . The Cardinal was received at Trent with great Ceremony ; He arrives at Trent . he made his Entry on Horseback betwixt the Cardinals of Mantua and Seripando , who were the two chief Legates . The same day he visited the Cardinal of Mantua , and next day had Audience of the Presidents . This Audience past in Civilities , and mutual Protestations of Services ; onely the Cardinal said , that the Council must not be taken up about nice and needless questions ; that the Debates which had divided it about the questions of the Divine Right of Residence and Episcopacy had done great injury to its reputation , that it ought to be their whole business to reclaim to the Church the Members who were separated from her ; that for his own part he did not think it an impossible matter , and that many of them , and amongst the rest the Duke of Wirtemberg had a design to come to the Council ; and that it was necessary for bringing them nearer to set about a good Reformation , without which , whereas the King his Sovereign at present had onely to doe with Huguenots , he would very suddenly find work enough with Catholicks . To conclude , he told them that he had brought new Instructions to the Ambassadours of France , that he desired to speak in name of the King in the next Congregation , and that afterward he should doe no more but give his opinion freely , as an Archbishop . They made him answer in General terms , commending his Piety and Devotion towards the Holy See , and excused themselves that the Council had spent so much time about matters of so small importance , laying the blame on the Licence that the Prelates took to themselves in giving their opinions . They added that they hoped for the future things would goe better , and that his presence would contribute much to it . After several other matters had been discoursed , it was concluded that on Munday following the Cardinal should appear in a General Congregation , to declare the reasons of his coming , and present the King's Letters . Though they had stood onely upon General terms , yet the Party of the Court of Rome conceived some Umbrage at the Cardinal's Speech , because all his Actions were suspected . Some Discourses that the French Abbots had had at Milan encreased the suspicions ; for they had been heard to say , that they were going to the Council with design to joyn with the Spaniards against the Court of Rome , and that they were resolved to have Annates , Preventions , Plurality of Benefices , and other Abuses abolished ; threatning that if they were refused what they had to demand , they would make but little noise , but return and order their own business at home . Besides that , it was known that the Cardinal entertained a very strict Correspondence with the Emperour , of whom the Court of Rome was not very sure , and likewise with Maximilian King of Bohemia , who was more suspected by them than his Father . The Pope's Party relished very ill what the Cardinal of Lorrain had told them of the Duke of Wirtemberg coming to the Council , because of the Conference that he had heretofore had with that Duke , and they feared that some agreement might have been made betwixt the King of France , the Emperour and the Germans , to force the Council to doe more than the Court of Rome was willing they should . They were even afraid that the King of Spain might enter into that League , because after the Departure of the Count de Luna whom he sent Ambassadour to Trent , he had dispatched after him Martin Gazdellun heretofore Secretary to the Emperour Charles the fith , with instructions which he was not willing to trust to Letters . They immediately acquainted the Pope with all that had past , and gave their observations accordingly . But that the French might take no Umbrage at it , they made the Courier set out privately , and wrote to Rome that when he came back , he should have orders to steal into Trent without any noise .

The Cardinal of Lorrain could not come to Mundays Congregation , because of a sit of a Fever , that obliged him for some days to keep his Chamber . The Congregation , notwithstanding ▪ was held , but nothing was done in it , onely a General Review made of all the Members of the Council , who upon occasion of the French who were just come , had their several places assigned them anew . In this Review they found the number of the Prelates to amount to two hundred and eighteen . The Council was extremely well satisfied to see they were so numerous ; and yet that number comes far short of most part of the Ancient Councils . None of the French spoke , neither in this nor in the following Congregation , because they waited for the Cardinal of Lorrain . The Party of the Court of Rome looked upon these new-comers , as a powerfull reinforcement come to the assistance of their Enemies : and therefore they doubled their vigilance , and thought it best to fortifie themselves by new Councils . The Archbishop of Otranto was one of the leading men of that Party , and one of the most zealous sticklers for the Grandure of the Pope . He had a mind to assemble all those who were linked with him in the same Interests , but so as it might not appear to be done with intention to treat of business : and for that purpose on the nineteenth of November , he made a great Entertainment for the Prelates who were called the well affected . He that invited them told them that for the sake and service of the Holy See they should not fail to come . It was not doubted but that design was laid , for making a League against the French , and they had certain notice given them , that there had been long Conferences about the Subject , in that Assembly . An action that M. de l'Isle the French Ambassadour had done at Rome , encreased these Umbrages against the French ; for during an indisposition which by some accident had happened to the Pope , that had almost cost him his life , he began to tamper and carry on a kind of Negotiation , that if the Pope should chance to die , the next Pope might be chosen at Trent by Nations , and that the See might remain Vacant , untill the Reformation should be completed , that so the Council might be free , and that the Pope Elect might accept of that Reformation , according as he should find it setled . This vexed the Pope to purpose ; for besides that these designs did not at all please him , men do not like that way of counting before the Host , and framing of Designs in prospect of their death . All these things together allarmed him mightily , so that he held several Congregations of Cardinals , wherein he desired them to find out some sure means to secure him from the Enterprises of the Council , which , as he said , he considered as his greatest Enemy . He was certainly very faithfully served by his Pensioners ; and yet it was not altogether to his mind ; for he complained that all the Bishops whom he entertained were against him , and that he sed an Army of Enemies at Trent . Notwithstanding he continued still to multiply these Enemies ; for he sent away all the Italian Bishops that were at Rome , even to the Bishop of Aosta Ambassadour there from the Duke of Savoy . But he discharged the Archbishop of Torre from going thither , because in the time of Paul III. he had maintained the Divine Right of Residence with some Zeal and Fervour . He made the same prohibition to the Bishop of Cesana , because he was the intimate friend of the Cardinal of Naples , whose two Uncles the Carraffa's the Pope had put to death by the hand of the common Executioner , besides the Persecutions wherewith he had afflicted himself , and so had reason to consider him as an Enemy . About the same time he dispatched into France , Sebastiano Gualtero Bishop of Viterbo , a thorough pac'd Zealot for the Interests of the Court of Rome . The pretext of this Embassie was , the carrying of forty thousand Crowns to the King , being part of an hundred thousand which the Pope had promised him for the War against the Huguenots ; but the true reason was , that he might be a Spie over the Actions of the Council of France .

The Cardinal of Lorrain is received in Congregation ; he speaks , and after him du Ferrier , who offends the Council . At length the Cardinal of Lorrain resolved to appear in Congregation the twenty third of November . The French and he had agreed , that he should first make a Speech , and then the Ambassadour Du Ferrier . At first the Legates opposed this Resolution , saying that in this Council , neither under Paul nor Julius it had been allowed that Ambassadours should speak publickly in Congregation , but onely on the day of their Reception . But at length they suffered themselves to be over perswaded by the Cardinal of Lorrain , and permitted Du Ferrier to speak . The King's Letters to the Council were then read , which contained onely Prayers , and general Exhortations to set about a Reformation of the Church . The Letters being read ; the Cardinal spoke , and began with a long and pathetick description of the miseries which the Wars about Religion caused in France , and prayed the Council to remedy them . He insisted upon what he had already said to the Legates , that they should avoid all unnecessary questions ; and then demanded two things in the name of the King of France ; first that they might have some respect to those who were separated from the Church , in granting them all that might be allowed without doing prejudice to the Faith ; and that they would consider them as Brethren as far as might be . Next he demanded in name of the King , a Reformation in the Church , whereof he laid open the extraordinary Corruptions , and there took an occasion to make an ingenious Application to the Clergy of the History of Jonas . We , we are the cause of the Storm , said he , throw us into the Sea , and the Tempest will cease . The Cardinal of Mantua made a civil answer to that Harangue , protesting that the Council had always been extremely concerned for the miseries of France , and would doe all that was possible to clear the truth , confirm the true Service of God , and rectifie the manners and the disorders in Discipline .

The Ambassadour Du Ferrier had leave to speak next , and spoke very smartly . He told them that his Master demanded that the Church might be restored to its Ancient Lustre , and that the good and holy Laws which the Devil had stole away and hid , might be brought back from Bondage into the City of God . He made use of an Allusion that prickt to the quick the Adorers of the Court of Rome . If you ask me , said he , why France is not in peace , and whence proceed those horrible divisions that rend it in pieces . I shall answer as Jehu did to Joram when he asked , is it peace , Jehu ? What peace so long as , &c. answered he ; here he stopt , saying ye know the rest . And indeed they all supplied what was wanting in the Citation by the rest of the Text : What peace , so long as the Whoredoms of thy Mother Jezebel , and her Witchcrafts are so many . He concluded , that if they endeavoured not that Reformation , all the Bloud that should be spilt , would be demanded at their hands . This Liberty did exceedingly displease the Pope's Party , but they Legates dissembled their discontent , because they were afraid of the French .

The Cardinal of Lorrain holds private Congregations in his house , which allarms the Legates , and Court of Rome . It was the Cardinal of Lorrain's custom afterwards to hold Congregations in his house of French Prelates and Divines : And the Legates lookt upon this as an encroachment , fearing that if the Spaniards did the same , the Council would at last be crumbled into a great many Caballs . However seeing they durst not openly oppose it , they gained two Traytors , one amongst the Spaniards called Bartholome Sabastiani Bishop of Pati in Sicily , and the other amongst the French named James Hugonis a Cordelier , Doctor of the Sorbonne , and Divine to the Cardinal of Lorrain . This last Spie gave them a faithfull account of all that past in their Assemblies , and discovered to them the Mysteries of the Court of France . Amongst other things he told them , that most of the evils of France were occasioned by the Queen-Mothers favouring the Hereticks ; that the Ambassadours who , were at Trent , were corrupted also : that the Cardinal of Lorrain was in reality a good Catholick ; but that his head run upon some impertinent Reformations , as the restoring the Chalice to the People , the taking away of Images , and the bringing the Vulgar Tongue into use in Divine Service ; wherein he was seconded by the Duke of Guise , and his other Relations ; but that of all the rest the Bishop of Valence ought to be most suspected , because he sided with the Queen for favouring the Hereticks . The Bishop of Vintimiglia to whom he imparted every thing that past , gave him fifty Crowns of Gold , which after some Ceremonious refusal he accepted .

The Session was to have been held the six and twentieth of November . But there was nothing in readiness , and it was to little purpose for the Legates to complain of the tediousness of the Prelates in giving their opinions , the Session must of necessity be deferred sinedie , because they could not tell when matters would be ready . During all this , the Spaniards abated nothing of their Zeal , for having Episcopacy to be declared of Divine Right . The Senator Molinez being sent by the Marquess of Pescara from Milan came to Trent , to deal with the Spamards that they would condescend ; but that was to no purpose . The Cardinal of Lorrain in one of the private Congregations that were held at his house , desired the French Prelates and Divines to give their opinions about that question : And they unanimously agreed that Episcopacy was of Divine Right . However they were not so eager upon it as the Spaniards , to have the Point decided by the Council . On the contrary they would have been very well satisfied that the Council should have waved those curious questions , as they called them , and applied themselves to the matter of Reformation , which in their opinion was of far greater Consequence , and that they also moved in the publick Congregations , and many times warmly urged it . In the Congregation of the twenty sixth of November the Bishop of Nimes moved that they should not concern themselves so much about a Controversie of so little Importance , wherein there was no more but a strife of words , but that some regard ought to be had for other Prelates , and for time which was thereby sadly mispent . Don Diego Covarruvias Bishop of Rodrigo replied , that they had been obliged to give their opinions upon that Subject , since the matter had been proposed by the Legates . The Cardinals Seripando and Simoneta rose up , and denied that the Legates had made the Proposition , and because they sound themselves backt by the French , they spoke bitterly against the Liberty that the Spaniards took to themselves . This matter grew so high , that it disgusted the Cardinal of Lorrain , who was vexed that he had been the cause of the harsh usage of the Spaniards .

Whilst they were casting about for means to make dispatch in Business , some proposed the deputing of Committees to determine several matters , whilst the Council should be taken up about others . But this was not embraced by the Italians , because it was proposed that these Committees should consist of an equal number of Deputies from every Nation ; and the Italians who were most numerous in the Council would not lose their advantage , but insisted to have proportionably more Deputies in those Congregations : which being disliked by the rest , the Proposition went no farther .

In the Congregation of the first of December there happened a scuffle that made great noise Melchior Avosmediano Bishop of Guadix a Spaniard , reasoning about the Canons which the Legates had minuted and presented to the Council , The Bishop of Guadix basely used for having spoken with some liberty in favour of the Bishops . made some reflexions upon a Clause of the last Chapter , which imported , That Bishops who are called by the Pope are true and lawfull . He observed that that kind of expression was Ambiguous , that it expressed not what was intended it should , seeing all that was intended was , to assert that Bishops who are promoted to that Dignity by the Pope without Election , and without being inaugurated by other Bishops , are notwithstanding true and lawfull Bishops : whereas as the Canon stood worded , it would seem to insinuate that a Bishop could not be a lawfull Bishop without being called and confirmed by the Pope , which was not true . To prove this he alledged the instance of the four Suffragans of the Archbishop of Saltzburg , who took no confirmation from the Pope , and were nevertheless owned to be lawfull Bishops . Cardinal Simoneta interrupting him solved the difficulty thus ; that if the Archbishop of Saltzburg and other Primats confirmed Bishops , they did it by Authority from the Pope . But Tomaso Cassello Bishop della Cava in the Kingdom of Naples , a slave to the Pope , and one whom the Legates employed to raise stirs , rested not there : for starting up , he cryed out that the Bishop of Guadix ought to be turned out as a Schismatick . Two or three Bishops of the same Faction seconded him ; and immediately followed a fearfull noise of Tongues , Hands , and Feet in the Assembly , some for the Bishop who was accused of Schism , and some against him . This exceedingly displeased the Bishops beyond the Alpes , who thereby saw what they were to expect , when they should offer to speak with any freedom . When the noise was over , the Cardinal of Lorrain could not forbear to say , that it was an insolent Procedure ; that the Bishop of Guadix had not spoken amiss , and if he had been a French Prelate , that he himself would have appeal'd to a freer Council : that if such things were suffered , the French would depart and hold a National Synod in France . In effect , this poor Bishop had so much reason in what he said , that the Council was obliged to alter the Canon according to his advice , and instead of Bishops called , they said , that Bishops promoted by the Pope are lawfull .

The Congregation met again next day , and appointed the Session to be held the seventeenth of the same Month of December . The Cardinal of Mantua severely Censured the Tumult which happened the day before : the Bishop della Cava would not submit , but Justified himself , affirming that he had reason to say what he said , his Carriage was lookt upon to be insolent and proud ; but it was born with , because he was of the darling Faction .

The Spaniards again bring about the question of the Divine Right of Episcopacy . None of those difficulties could dishearten the Spaniards ; they stood their ground still ; and Gilberto de Nogueras Bishop of Aliphe started the question again about the Divine Right of Episcopacy . He confirmed his opinion by strong Arguments , and then proved it to be false that the power of the Church was put into the hands of a single Person ; he went on and said , that the Popes power did not extend to the annulling of Canons , and abolishing of Laws ; and thereupon began to quote the Canons alledged dy Gratian , wherein the Ancient Popes acknowledged themselves subject to the Decrees of the Fathers , and of their Predecessours . But the Cardinal of Warmia one of the Legates interrupted him , saying that the question was about the Superiority of Bishops over Priests , and that he digressed . The Bishop of Aliphe made answer that since they were treating of the Authority of Bishops , it was no digression to speak of the power of the Pope , who was a Bishop . The Archbishop of Granada rose up , and made answer in a higher strain ; he said , that others had talked enough of the Pope's Authority , and spoke things which were not onely superfluous but pernicious . He glanced at the Speech of the General Lainez who had struck down the Bishops and Council under the Pope's Feet . The Bishop della Cava , the hottest always of the Romish Faction , made answer , that they who had spoken of it , spoke as became them , and not as the Bishop of Aliphe . Cardinal Simoneta made a sign to the Bishop della Cava to hold his peace , and silence being made , the Bishop of Aliphe began again But when they perceived that he persisted to cite Canons to prove that the Pope is subject to the Laws , the Legate of Warmia interrupted him a second time , and so he was forced to hold his tongue , and give place to Antonio Maria Salviati Bishop of St. Paul in France ; who by an exhortation to meekness and peace endeavoured to allay the heats of those Commotions .

In the Congregation of the fourth of December the Cardinal of Lorrain delivered his opinion concerning the question , whether Episcopacy be of Divine or Humane Right . He proved by divers passages of the Ancients , which made them admire his Memory , that it is of Divine Right . But on the other hand he alledged several instances of Bishops who had owned , that they held all their Authority from the Holy See ; so that his discourse was so wavering , and so full of uncertainty and ambiguity , that it was manifest enough he had no mind to declare his positive opinion concerning that Point . But the French Prelates who spoke after him , were far more sincere and bold ; for they declared frankly for the Divine Right ; nevertheless they concluded with the Cardinal , that according to their Judgment it was not absolutely necessary to determine that question in the Council . So that the first part of their discourse displeased the Legates , and Pope's Pensioners , and the latter part , the Spaniards . The truth is , the Spaniards and French drove at the same end , to wit , the maintaining the Authority of Bishops against the ambitious enterprises , and covetous self-interessed Practices of the Court of Rome . But they took different ways to doe this , according to the different humours of their Countrey . The Spaniards who are close and cunning , were for striking at the root of the Pope's Authority by hidden Mines , and were perswaded that if it were one declared that Episcopacy and Residence are of Divine Right , the Episcopal Order would retrieve its Credit with the People , and so they might with success withstand the attempts made by the Court of Rome upon the Persons and Rights of the Bishops . But the French , on the other hand , who are brisk and forward , have not commonly such distant Views , nor are they very skilfull in those Politick fetches , which are proper to the Italians and Spaniards : they shoot streight at the mark , and sometimes offend by too great sincerity , or , to word it better , they many times hinder the success of their own designs , by imprudent discoveries . They judged it therefore necessary , without farther Mystery , to have it defined , that a Council is Superiour to the Pope , or at least , to have it enacted , that the Pope may not dispense with , nor derogate from the Canons . The Spaniards wished with all their hearts that these Decisions could have been obtained from the Council ; but they thought it impossible , nor could they find a fair occasion to state the Question , nor any Pretext to quarrel with the Pope's Authority , since they admit of the Council of Florence , whereas the French receive the Council of Basil , which hath placed a Council above the Pope , and reject that of Florence .

The Cardinal of Lorrain essays means to compose the Controversie about the Divine Right of Episcopacy but is slighted , and the Cardinal is angry . The Cardinal of Lorrain proposed a new form of Decree , to try if he could put an end to that Controversie ; these words established by Divine Right , were not in it , but in place of them he put , instituted by Jesus Christ . The Legates dispatched a Courier to Rome with a Copy of the Cardinal's Draught , and the observations of some Doctours of the Canon Law upon it . The Cardinal complained of that procedure , that having given them the project of a Decree , before it had been proposed in Congregation , they had so far abused his Confidence ; and thereupon took occasion to expostulate with them for the unjust Jealousies which the Italians conceived of the French , and for the impertinent Proverb that was often in their mouth , from the Spanish Scab we are fallen into the French Disease ; for so they call that foul Distemper , which the French call the Neapolitan Disease . The French being netled at these Railleries , and besides , intending to prosecute their design of bringing the Pope under the Power of a Council , resolved among themselves to speak more boldly in the Congregation of the seventeenth of December . Lansac who set them upon it being unwilling that the Legates should be surprised , gave them a hint of it , by telling the Bishop of Avranches who was to speak , that he should deliver his opinion freely , A free Discourse of the Bishop of Avranches . and that the King his Master was powerfull enough to bear him out in it . The Bishop spoke , and not onely proved Episcopacy to be of Divine Right , but that the Authority of the Pope differed onely in Degree from that of Bishops ; that it is circumscribed by the Boundaries of Canons ; and praised the Custome of the Parliaments of France , which declare Bulls that are contrary to the Canons to be abusive , and prohibit the Execution of them . This Discourse was impatiently heard ; but it was winked at , and the Pope's Party took care for the future to speak with greater moderation .

The Cardinal of Lorrain , as it had been concerted , came not to that Congregation , wherein the Bishop of Avranches had spoken with so much Liberty : and the Pretext he took for his absence , was the death of the King of Navarre , of which he had the news the same day . The death of this Prince was like to have changed the Countenance of the Council ; for the Cardinal of Lorrain was tempted to return to France , because there was like to be a great alteration of Affairs in that Kingdom , and he could have been willing to have been there , to take a share in the Government . The following Congregation was taken up in Ceremonies of Thanksgiving for the Election of Maximilian King of Bohemia , who was chosen King of the Romans . That was the thing the Emperour had been driving at for a long time ; and so soon as it was accomplished , he entered into Conference with the Protestant Princes , to perswade them to submit to the Council . They met about it , and having consulted together in common , they presented to the Emperour the answer which they promised some twenty months before in the Assembly of Naumburg . In that answer they declared , that from all that was done in the Council of Trent , they appealed to a free Council , and proposed ten Conditions which they knew well enough would not be granted them , upon which they promised to come to the Council , and submit to it . For instance they demanded that it might not be called by the Pope , that he should not preside in it , that he should be subject to it , that all things should be decided in it by the word of God alone , that the Divines of the Ausburg Confession might have a Decisive Vote in it ; that matters should not always be carried by Plurality of Votes , but by those which were most consonant to truth , &c. The Emperour received the Writing , and in General Terms promised to endeavour the setling of Peace .

The Decree of Residence is completed , and it is not decided whether it he of Divine Right or not . After so much time and so many words spent about the Article of the Divine Right of Episcopacy , nothing was ye concluded , because the Legates expected the Decision from Rome . Whilst this was expecting they published the Chapter of Residence , wherein without deciding whether it be of Divine Right or not , it was commanded under Penalties and Reward . The Cardinal of Lorrain who was Archbishop of Reims , and who in all appearance had no design to reside there , gave his opinion about the necessity of Residence , in his ordinary manner , overturning in one period what he had set up in another . At the same time the Legates communicated to the Ambassadours of Princes , some Articles of Reformation which related to several Abuses about the Sacrament of Orders , against the next Session . But the Ambassadours , and particularly these of the Emperour , and Germans valued them but very little , because they sound none of the Heads which they had proposed amongst them . Reasons that shew it impossible that the Demands which all made for a Reformation should have any Success . They complained that they were still amused with Trifles , and that the more weighty matters were neglected . It was , really , a rare and edifying reflexion to consider with what fervour and zeal the Ambassadours and most of the Prelates demanded Reformation : It may be said that the Pope , Princes and Bishops all of them demanded it , and agreed to the Point in General . But when it came to particulars , they could not jump together in any one thing , because of the prodigious diversity of interests , and because every one was for reforming his Neighbour , but would not be medled with himself . The Court of Rome consented cordially to the Reformation of the Bishops and Princes , provided it might be let alone . The Bishops desired the Reformation of the Court of Rome , and of Princes , to get themselves out of the reach of the attempts of the Secular Power and of the Pope , but they could not endure that their own Coppy-hold should be touched , either as to their Authority , or the Diminution of their Revenues . Princes and Kings demanded the Reformation of the Clergy both in the Head and Members , but they would in no terms let goe the means they had in their hands of oppressing the Church , hindering Canonical Elections , and conferring Benefices upon whom they thought sit . The People who , alone , as being disinteressed , could labour most effectually in that Reformation , had neither Vote nor Credit in the Council . And therefore all that great design of Reformation must needs vanish in smoke .

Since the Legates had made way for falling again upon the Point of Residence , by causing the Chapter to be read , which they had framed for decreeing it , the Prelates began to speak again upon the same Subject . The Cardinal of Lorrain assembled all the French at his house , and would hear them speak to that Point , where they all with one consent concluded Residence to be of Divine Right . In one of the subsequent Congregations , Alberto Duimio Bishop of Veglia , and Island of Scavonia , delivered his opinion with much force , he demonstrated the same thing by a great many Reasons and Arguments ; which none before him had done , but barely declared their Judgment upon the Point , without insisting in the probation of it . He laid great stress upon the saying of our Saviour , that the good shepherd goes before his sheep , and the sheep follow him : for they know his Voice . He could not throughly handle nor dive to the bottom of that Subject , without hinting at many things contrary to the Interests of the Court of Rome and the Pope's Authority : and Cardinal Simoneta durst not interrupt him , because of the Scuffle that some days before happened upon occasion of the Bishop of Guadix , who had been interrupted ; but he took him up privately and rebuked him sharply , for having spoken against the Pope . The Bishop made the best excuse he could , and some days after desired leave to be gone upon Pretext of indisposition , which was very willingly granted him .

About that time , the Controversie concerning Residence changed Countenance , there was now no bringing of Arguments and Testimonies to prove it to be of Divine Right , and they who judged it to be of Humane Right took no more pains to find out reasons to confirm their Sentiment . They thought it enough to overcome the contrary Party , by the Consequences of their Doctrine ; for , said they , that opinion tends directly to the Ruine of the Authority of the Pope : because , by asserting the Divine Right of Residence , it takes from him the Power of transferring , diminishing , dividing , uniting and changing Episcopal Sees ; and indeed that was the design of the Spaniards . But they dissembled it , and wanted not reasons to prove that the Divine Right of Residence would advance the Papal Dignity , and render it more considerable , because when Bishops did reside ; the Revenue towards the Clergy would encrease , and by consequence the Authority of the Pope , as being the Chief of Bishops . And so from that time forward the Greatness of the Pope was the onely hinge upon which moved that Controversie about Residence .

A Minute of a Decree is made at Rome concerning the Authority of the Pope and Bishops , which was rejected by the Bishops in Council . The Pope was so much afflicted for the death of his Nephew Frederico Borromeo , that he fell dangerously sick considering his great age . And yet the troubles he received from the Council vexed him more than the death of his Kinsman . He held frequent Congregations of Cardinals for determining those two Controversies which made so much noise , about the Institution of Episcopacy , and Residence As to that of Institution , he gave his answer at last , that it was an erroneous opinion , that Episcopacy as to the Power of Jurisdiction was of Divine Right , and instituted by Jesus Christ ; unless it were in this Sense , that Jesus Christ does all that the Pope doth , and concluded that these words of Divine Right ought to be wholly left out , or that the Decree must be made in this form , That Jesus Christ hath instituted Bishops to be made by the Pope with such Authority as he should think fit to give them for the good of the Church , it being still in his Power to enlarge or restrain it . As to the Point of Residence he gave Orders that it should not be declared of Divine Right , because he would retain to himself the Power of dispensing with it ; so that whatsoever they did , they should have a care that nothing were enacted contrary to his Authority . As to the Prorogation of the Session , he wrote in General Terms , that it should not be put off above a Fortnight , nor yet held unless all matters were in a readiness . The Legates thought that the Decree about the Institution of Episcopacy , and of the Pope's Power over Bishops , in the form that it was sent from Rome , would never be admitted in the Council ; and therefore they found themselves obliged to write a second time , and send the Bishop of Vintimiglia to the Pope .

Because the matter of Cup was referred to the Pope , the Duke of Bavaria having no more to demand of the Council as to that Point , sent a solemn Embassy to Rome for obtaining of it . This Embassy went by Trent , and the Ambassadours had Conferences with the Legates and Cardinal of Lorrain . That allarmed the Spaniards who always opposed the Restitution of the Cup. At the same time the news of the Battel of Dreux came to Trent , which was fought the seventeenth of December . The Catholicks gave out that they had obtained the Victory , though they lost in it almost double the number that the Protestants had lost ; for they lost five thousand men , and the Protestants but three . But they alledged that they continued Masters of the Field . The two Generals were taken Prisoners , the Prince of Conde on the side of the Protestants , and the Constable on the Catholicks side . This was a fatal Year for the terrible Divisions that rent France in pieces : no less that fourteen Armies at one time on foot , which on both sides committed fearfull disorders . Admiral Coligny after that Battel , notwithstanding the taking of the Prince of Conde , kept his Army together , and made even some progress . Nevertheless , there was a Thanksgiving at Trent for the Victory , as if it had been real , when , indeed , it was but imaginary . They were perswaded at Rome that the Huguenots were totally routed , and that so there was no more need of a Council , wherefore some were of opinion that it should either be dissolved or suspended . But the Pope had better news than the rest , and saw very well , that it was not yet time to dissolve the Council . He thought he did enough if he could retain the Power and Authority that he had got over it . The Emperour's design of coming to Inspruck in the Neighbourhood of Trent , filled him with new Jealousies . He made no doubt , but that he had secret intelligences with Spain and France , and he could not see into the Bottome of it . So much he knew in General , that these intelligences tended to the lessening of his Authority , and the Reformation of the Abuses of his Court. And therefore to prevent Reformations from those hands through which the Court of Rome had not mind to pass , he published a Brief dated the twenty seventh of December , whereby he reformed some Corruptions of the Rota ; and made also some other slight Reformations of his Court . This , in the main , came to nothing at all , but however it was usefull to his Legates and Pensioners at Trent ; for they made answer to those who demanded the Reformation of the Court of Rome , that seeing the Pope made it his business to reform himself , the Council might very well spare themselves the trouble . The year one thousand five hundred sixty and two was concluded with a Congregation held the thirtieth of December , wherein it was resolved to put off the Session for a Fortnight .

1563. The French present their Memoires containing 34 Demands . They are sent to Rome , and the Pope is allarmed at them . To begin the New Year one thousand five hundred and sixty three , the French presented four and thirty Articles concerning the Reformation which they desired . Most part of them regarded the Reformation of the Clergy , and the abuses in Ordination , and in preferring undeserving men both as to manners and learning . Some of them also related to the Court of Rome , and tended to the diminution of its Revenues . The fourteenth of these Articles demanded a prohibition of the Plurality of Benefices , the sixteenth , that the Sacraments might be administred gratis . In the seventeeth they demanded Divine Service in the Vulgar Tongue ; that is to say , that the chief Prayers should be said in French as well as in Latin . The eighteenth proposed the Communion in both kinds , and required the revival of the Decree of Gelasus . The twenty sixth demanded the Restitution of the Jurisdiction of Bishops in all their Dioceses over all that lived within them , not excepting Monasteries ; unless the Chiefs of Orders , and the Monasteries where the Generals of Orders did reside . The nine and twentieth desired Reformation of the abuse which the People made of Images , the abuse of Pilgrimages , Fraternities , Relicks , and Indulgences . The thirtieth demanded restitution of the custome of publick Pennance , as it had been in the primitive Church . The Legates and Pope's Party disliked these demands , and the manner wherein they were presented ; for that was with the usual Threat , that if they had not satisfaction in admitting their Proposals , they would provide for themselves by a National Council . The Legates sent these Articles to the Pope , being very sure that he could not read them but with extraordinary trouble , especially seeing one of the Propositions demanded the abolition of Annates , and of all the other means , which are used at Rome for hooking in Money from the Provinces . They commissioned the Bishop of Viterbo to carry these Memoires to the Pope ; and the Cardinal of Lorrain loaded him with Complements for his Holiness , desiring him that he would beseech his Holiness not to take it ill that the King , and they by Orders from him , did demand things which they judged necessary for the wellfare of France , and at the same time and by the same hand offered the Pope his Mediation for taking up the differences about the Institution of Bishops and Residence . These Memoires of the French Ambassadours were given to the Legates , without the hearty condescension of the Prelates of that Nation . For there were some Articles amongst them , that tended to the Diminution both of the Authority and Revenues of the Bishops , which went against the Hair . But they consented that they might be presented to the Council , in hopes that the Spanish Bishops who are Great Lords , and jealous of their Grandure would have opposed them . When they saw that the Memoires were sent to Rome , they perceived that it would fall to the Pope's share , to cut and carve in them , as he had done in all the rest , and they were afraid that he might compound with the King of France to their Cost ; in sacrificing to him the interest of the Bishops , to make him spare the Court of Rome ; as it had been done betwixt Francis the First and Leo X. when they made the Concordat . And therefore they began to make secret Cabals to get the Articles that concerned them struck out of the Memoires . But Lansac perceiving it , called them together , and rebuked them severely for daring to oppose the Will of the King .

There were now two Bishops in Deputation at Rome , the Bishops of Vintimiglia and Viterbo . The first was employed to make fresh Remonstrances about the Subject of the Institution of Bishops , and their Residence , that the Pope might put the Decree into another form than that which he had formerly sent . He arrived the first of January , having made his Journey in seven days . He gave the Pope an account of all that past in the Council , and of the different dispositions of the Members of it . The Pope immediately held a Congregation of Cardinals about the Point of the Institution of Bishops , which was most urgent . And it was there resolved that the Decision should be sent to the Legates , in this form . That Bishops hold the chief rank in the Church dependant on the Bishop of Rome ; by whom they are admitted and received in partem solicitudinis . It was upon the main the same with the former , but the form a little softer : and the Pope for a recompence of the qualification which he had suffered to be made in the Canon of the Institution of Bishops , would have the Canon that related to his own Authority to run in these terms . That the Pope hath Authority to feed and to govern the Church Universal in place of Jesus Christ , who hath imparted to him , as his Vicar General , all his Authority . And ordered his Legates that in the Chapter of Doctrine they should enlarge more upon the matter , and make use of the Terms of the Council of Florence ; which saith that the Holy See , that is to say the Pope , has the Primacy over all the Church , that he is the Successour of St. Peter , who was Prince of the Apostles ; that he is the true Vicar of Jesus Christ , the Head of all the Churches ; the Father and Master of all Christians , to whom the Lord hath given full power to govern the Church Universal . He enjoyned the Legates not to deviate from that form which had been authorised by a General Council . At the same time , that he might prevent the designs of the French , who would have had a Pope elected by the Council , in case the present Pope had died , he published a Bull wherein he declared that having intention to goe to Bologna , in case he should die in his Journey , he ordained that his Successour should not be chosen but at Rome .

The Bishop of Viterbo , who was charged with the Memoires of the French , arrived a little time after the instructions of the Bishop of Vintimiglia had been dispatched . The Pope very impatiently heard the Memoires read ; but the Bishop of Viterbo pacified him a little , by giving him hopes that if he condescended to some of these Articles , a part might be cut off , and the rest moderated ; but particularly he gave him ease when he assured him that the greatest part of the French Bishops disliked those Reformations , and that they were ready to oppose them . The Pope held a Congregation upon that Subject : and it was therein resolved that the Articles should be committed to Doctours of the Canon Law , to make their observations upon them . At the same time the Pope sent Orders to the Cardinal of Ferrara his Legate in France , to represent to the King , that some of these Propositions tended to the Diminution of the Royal Authority , because they deprived the King of the Collation of Benefices , and amongst others of Abbeys ; that the disposal of Benefices was a very commodious Privilege to him for rewarding his faithfull Servants : that to raise the Authority of Bishops was not the way to strengthen the Authority of the King ; and that the more powerfull Bishops were , the more troublesome they were to Princes . He sent his Legate likewise Orders to give the King the forty thousand Crowns remaining unpay'd of the hundred thousand which he had obliged himself to furnish him ; but with all that he should not part from them but upon the Condition that he had till them required , I mean , the abolition of the Pragmatick Sanction in all the Parliaments . He prayed also the King to consider that by diminishing the Revenues of the Holy See , he would be deprived of means to procure Respect and Obedience ; that the Tithes of Tithes were by the Law due to the chief Priest , and that they had been wisely converted into Annats : and concluded with an exhortation to the King that he would sent new Instructions to his Ambassadours . He sent likewise to Trent the Censures and Observations which the Canonists and Divines had made upon the Memoires of the French .

The Minute of the Decree concerning the Pope's Authoritycomes from Rome , and meets with much contradiction , especially from the French . The Courier who brought to Trent the Answer to the Remonstrances which the Bishop of Vintimiglia had been charged with , arrived on the fourteenth of January : and next day was the time appointed for perfixing the day of the Session . A Congregation General was held ; and it was therein resolved that that deliberation should be put off till the fourth of February , because they could not as yet certainly tell when matters might be in a readiness . The Legates distributed Copies of the Minute of the Decree which was sent from Rome touching the Institution of Bishops , and declared that they would begin the Congregations again for consulting about it . These Minutes had the approbation of the Patriarchs and oldest Archbishops who gave their opinions first . But when it came to the turn of the Spaniards and French speak , many difficulties were started against the Decrees as they had been conceived by the Cardinals . First this Clause was objected against , that Bishops hold a chief rank depending on the Bishop of Rome ; that was thought to be an ambiguous expression ; but after some debate they who made the objection consented to have it said , a chief rank under the Pope . Some also did not like that it should be said , that Bishops are admitted by the Pope in partem solicitudinis ; because that signified clearly enough , that Bishops are appointed by the Pope , and not by our Lord Jesus Christ : but above all they stumbled at the Article of the Pope's Authority , and that the Canon gave him the Pope to govern the Church Universal . The French thought that by these words the Pope had a design to establish a Superiority over the Council . They were nevertheless willing it should be said that he hath the power to rule all the Churches , ecclesias universas ; but not the Church Universal , ecclesiam universalem . Most part fansied that to be a very nice distinction , and of little solidity . But the rest maintained that by giving the Pope power to govern the Church Universal , they exalted his Tribunal above the Church , whereas the Tribunal of the Church is exalted above that of the Pope . They alledged that there was a great difference betwixt being exalted above all Churches , that is to say , above every Particular Church , and being exalted above the Church Universal , that is , whole Church taken together and assembled in a Council . This occasioned great debate : the Pope's Party alledged the Authority of the Council of Florence which had made use of these terms ; and that did a little puzzle the Spaniards , because their Countrey own the Council of Florence for a General Council . But the French set light by that Authority , and opposed to it the Councils of Constance and Basil , which have defined the Superiority of a Council over the Pope . Upon this occasion there arose a great contest betwixt the Italians and French ; for the Italians maintained that the Council of Florence was a General Council , that that of Basil was Schismatical , and the other of Constance partly approved , and partly rejected . But the French , on the contrary , denied the Council of Florence to have been a lawfull Council , and said that the others of Constance and Basil were lawfull and General . The Legates well perceived that no good would come of these contests ; and therefore that they might have time to sent to Rome the Censures which the Bishops on the other side of the Alpes , had made upon the Decree composed by the Pope , touching the Institution of Bishops , and the Authority of the Holy See , they employed the Congregations about the Point of Residence . The Cardinals of Lorrain and Madruccio the day before , had mode a Project of Decision concerning the Controversie of Residence , which displeased not the Legates . But the Presidents having had time to reflect upon it , observed a Clause that gave them Umbrage ; which was , that Bishops are obliged by the Command of God to guide their Flocks , and to watch in Person over them . They knew very well that the Pope would make a sinister interpretation of these words , and think that they favoured the opinion of the Divine Right of Residence : and therefore they left it out , of their own heads , and presented in the Congregation the Minute corrected after their own way . That action choaked the Cardinals of Lorrain and Madruccio : Lorrain protested that for the future he would not meddle in any thing , and Cardinal Madruccio said , that in the Council there was another secret Council , which took all the Authority to it self . The Legates finding that they gained no ground , put a stop to the Congregations , in expectation of an answer from Rome , and the Pope's Party began to make Factions that they might break up the Council for good and all . At this the Cardinal of Lorrain broke out and acted with less reserve than he had formerly done . He complained that there was a design of breaking up the Council ; he spoke to the Ambassadours of Princes , that their Masters might intercede with the Pope , not onely for the Continuation of the Council ; but especially that it might be left to its liberty , saying that nothing could be proposed or resolved upon but what pleased the Legates , that the Legates did nothing but what the Pope thought fit , and that Decisions even about the smallest matters must be expected from Rome : that if matters went on still in that manner , they would make a pacification in France , whereby all should have liberty to live as they thought good , untill the holding of a free Council : that for his own part , he would have patience untill the next Session ; but that if affairs went no better , he would protest and withdraw , and carry all the French along with him , that they might celebrate a National Council at Home . The French Ambassadour residing at Rome made the same Expostulations and Menaces , that the Cardinal did at Trent . But the Pope began to be accustomed to that noise , and was not a whit startled at these Bugbears of National Synods . He made answer , that the Council was more than free , that it was even licentious ; that if the Italians made any Factions and Cabals , he knew nothing of it , but that yet they were forced upon it , if they did so , by the violence of the Bishops beyond the Alpes , who endeavoured to trample under foot the Authority of the Holy See . The Bishop of the five Churches the Emperour's Ambassadour for the Kingdom of Hungary , went about the same time to wait on his Master , and to inform him of the Factions and Conduct of the Italians . The Archbishop of Granada and those of his Party entreated him to procure from the Emperour a Letter to the King of Spain , praying him to solicite a Reformation . The Legates were informed of this , and looked upon all that Conduct , as an effect of the Councils of the Cardinal of Lorrain ; and to Countermine that League , they deputed John Francisco Commendone Bishop of Zante to the Emperour , under pretext of Justifying the Council in that they had not as yet proposed the Articles of Reformation which his Imperial Majesty had presented b his Ambassadours . Seeing these misunderstandings grew dayly greater and greater , the Legates sufficiently perplexed sent a writing to all the Ambassadours , begging the Assistance of their Councils in the present Junctures . The French slipt not that occasion to tell their minds freely ; and therefore said that the Council was made use of to encrease corruptions , instead of lessening them ; that a stop ought to be put to those shamefull underhand dealings which were continually practised , that they ought not to labour to raise the Pope above the Church Universal , that the best way was to follow the Decrees of the Council of Constance . And farther added that one cause of disagreement was that the Clark of the Council did not faithfully set down the opinions , and that therefore he ought to have an Assistant . The Imperialists made Remonstrances much of the same nature , and particularly pressed the necessity of Joyning an Assistant to the Clark of the Council . The other mean low spirited Ambassadours made answer in general terms , that they must continue the Council , and endeavour an Union amongst the Members .

Whilst affairs were in this condition , the Council being under a kind of suspension , and no Congregation held , the Bishop of Vintimiglia returned from Rome fraighted with Civilities and Complements from the Pope to all the Prelates , and provisions also of Employments and Pensions which the Pope gave to some of the Council . The Bishop of Aosta Ambassadour of the Duke of Savoy arrived , and the Legates perceiving that they gained nothing by interrupting the Congregations , and that it gave ground for murmurings and private Assemblies , where the spirit of discord and faction grew dayly stronger and stronger , resolved to begin Congregations again , and to take the occasion of receiving the Ambassadour of Savoy . They therefore sent the Bishop of Sinigaglia to the Cardinal of Lorrain , to know of him if there were no means to satisfie the Bishops of France , and to tell him that the terms of governing the Church Universal , whereat they took so great offence , are used by St. Bernard an Author which the Cardinal very much approved of . The Cardinal answered steadfastly , that the French Bishops did their Duty , that all France fixed their eyes upon them to observe their Conduct : that the French would never suffer that kind of expression which gives the Pope the Power of governing the Universal Church ; and that if it were again proposed , the Ambassadours would not fail to protest in name of the King and of sixscore Bishops ; because it would overthrow the received opinion in France , that the Pope ought to be subject to a Council . When the Legates had received this answer , they lost all hopes of gaining the French : the Spaniards also grew more and more inflexible , and Martin Gazdellun , whom we mentioned before , being lately come from Spain , confirmed them in their steadfastness : for having examined how all things went , he said , that he evidently perceived that the Council was not free , and commending the Archbishop of Granada for his vigour and constancy , he assured him that the King was extremely well satisfied with his Conduct , and that if the Archbishoprick of Toledo came to be void , his Majesty would bestow it upon him . For all that , they began to hold Congregations again , and in one of the last of January the Ambassadour of Savoy was publickly received , where he made and received the usual Complements . The Congregations continued , and so did their Divisions also . The Pope's Party were closely lincked together , and those who were not so favourable to the See of Rome , on the other hand , stood firm in their design of having the institution of Episcopacy and Residence declared to be of Divine Right . The Legates and the rest of the Pope's Party saw that it was no time to carry it by open force ; they resolved therefore to let the heats cool , and to tire out some , so as to make them depart , and to blunt the edge of others by long attendance and delay , and so they took a resolution of putting off the Session . They got the Cardinal of Lorrain to condescend to that delay , but very aukwardly ; for he still complained of the Factions and private Cabals of the Italians , protested that he consented to that delay onely out of complaisance . The business was proposed in Congregation the third of February by the Cardinal of Mantua . It was opposed , but the Legates at length carried it , that the Session should be Prorogued till the two and twentieth of April after Easter . The Cardinal of Lorrain was nor vexed at that resolution , though he seemed to take it ill . For he was glad that matters might be protracted , that he might see what became of the Pope who was old and always valitudinary . He desired also to know how the affairs of France went , that he might accordingly adjust his measures . During this Interval the Legates resolved to bring under examination the matter of Marriage ; and though the French Ambassadours instantly urged that they might treat of Reformation , they could not obtain it : for the Presidents were resolved to spin out the time , about matters that sew were any way concerned in .

Eight Articles concerning Marriage were proposed . First , whether Marriage be a Sacrament instituted by God , or a humane Constitution . They enter upon the matter of Marriage , and reduce it to eight Articles . 2. Whether Parents can annull the Clandestine Marriages of the Children . 3. Whether it be lawfull after a man hath divorced his Wife for the Cause of Fornication , to take another , whilst the first is alive . 4. Whether Polygamy be allowed to Christians , and whether the Prohibition of Marrying at certain times be Tyrannical . 5. Whether Marriage ought to he preferred before a single life , or the single life before Marriage . 6. Whether the Priests in the West may lawfully contract Marriage , notwithstanding the Vow of Celibat , or the Ecclesiastick Law . 7. Whether Marriage ought not to be contracted within the Degrees of Consanguinity , which are forbidden in the eighteenth Chapter of Leviticus , without diminishing or adding any thin , thereunto . 8. Whether impotency , and ignorance of what one does in contracting , are the onely Causes that can dissolve a Marriage contracted , and whether the Cognisance of Matrimonial Causes belongs to Secular Princes . These eight Articles were divided amongst four Chambers of Doctours , as those of the Sacrament of Order had been .

Whilst this was in agitation . The Cardinal of Lorrain prepared to goe and wait on the Emperour at Inspruck .

The Bishop of Reims the most Christian King's Ambassadour at the Court of his Imperial Majesty , cane to Trent to accompany the Cardinal to that Court , and this Journey renewed and encreased the Suspicions against France . The Court of Rome was sensible that the Cardinal was very ill satisfied with the Council ; and when he parted from Trent he wrote as much to the Pope himself , and complained to him of the Factions and Conduct of the Council , telling his Holiness , with all , that if things continued to be carried after that rate , all that he could doe was to pray that God Almighty would inspire the Council . It was very well known likewise that the Emperour's intentions were as far from favouring the Pope as those of the French were , and that was another allarm . The Spaniards also feared that the Cardinal of Lorrain might have a design of conferring with the Emperour , and King of the Romans about means for obtaining the Concession of the Cup ; for they had good intelligence that the German Princes and French Ambassadours intended to make new instances to the Council about it . The Suspicions of the Spaniards seemed to have ground enough , because the Duke of Bavaria , the Archbishop of Saltsburg , and the Arch Duke Ferdinand were to be at Inspruck with the Emperour , and his Son Maximilian : now all these Princes desired that the Cup might be rendered to the People .

February the ninth the Legates held the first Congregation about the Doctrine of Marriage . The Divines of the first Chamber examined the first two Articles ; and Father Salmeron a Jesuit spoke with much Pomp , and for all that , said but very ordinary things . Having concluded that Marriage is a true Sacrament ; he past to the second Article that relates to Clandestine Marriages , and alledged in favour of them , the Authority of the Council of Florence , which declares that the Validity of Marriages depends solely upon the Consent of the Parties who contract , and this Oratour concluded , that the opinion of those who assert that Fathers and Mothers may annull them ought to be condemned as an Heresie : but allowed the Church the Power of rescinding such Marriages because she is the Mistress of the Sacraments , and that it is expedient to annull them to prevent the disorders which those unfortunate Marriages cause in Families . Next day Maillard Dean of the Faculty of Paris made a long discourse , and concluded with Salmeron that Marriage is a true Sacrament ; but as to Clandestine Marriages he was not of Salmeron's opinion . For he maintained that the Church had not that Power over the Sacraments as to make a Sacrament that was lawfull at one time , to become unlawfull at another . He alledged . for proof the Consecration of the Eucharist , saying that the Church could not make a Consecrated Wafer cease to be a Real Sacrament , after that it had been some time kept ; since it was so at first . He went through all the Sacraments , proving that the Church hath not power to invalidate a Sacrament lawfully administred . He shew'd that in all times private Marriages had been valid , and that no man ever thought of annulling them . His opinion took extremely well ; but especially the Pope's Party took great pleasure to hear the French Doctour speaking of the Pope , call him , the Directour and Moderatour of the Roman , that is to say the Universal Church . They drew great advantage from that Confession , and said that it ought to be observed against the Cavils which the Prelates of the same Nation made upon occasion of the Canon about the Authority of the Pope , wherein they would not suffer it to be said , that he hath Power to rule the Church Universal . The French said that there was a great difference betwixt these expressions , rule the Universal Church absolutely , and rule the Roman , that is to say , the Universal Church , because the term Universal is onely employed to explain that of Roman , and that so it ought to extend no farther . It cannot be denied , but that the distinction is very nice and fine spun , and that the difference betwixt those two expressions is not very , sensible ; it had been as well , perhaps , if Maillard had frankly confest , that it dropt from him before he was aware . In the Congregation of the Eleventh of February the French presented a Letter from their King , wherein he acquainted the , Council with the Victory that he had obtained over the Enemies of the Catholick Religion , and at the same time demanded Reformation . After the Letters were read , the Ambassadour Du Ferrier made a Speech : The King of France his Letter to the Council , followed by a Speech of du Ferrier . and having represented the Calamities of the Kingdom of France , and the necessity of doing somewhat to remedy them , he said that the proper remedy depended on the Council , and that the Council in endeavouring that , ought to turn their Eyes towards the Holy Scripture , that Christians now-a-days were like the Samaritanes of the Town of Sichar , who would believe because they saw , and not barely upon the report of a Woman , that every body at present studied the Scriptures . That they should not think it strange if in their Proposition they had omitted the most necessary Points , that they had begun with the smallest , but that they had more important matters to propose : that if they intended to set about the Work of Reformation , they must do it in good earnest , and that the Fathers who were assembled ought to consider what was the Success of those slight and weak Reformations of the Council of Constance , and that which came after , which he was not willing to name , for fear of offending their ears . He meant the Council of Basil , whereof the name is odious to all the Favourers of the Court of Rome . He laid before them also that the Councils of Florence , Lateran , and the first of Trent had done nothing for the Church , and in that they did nothing , they had done a great deal of hurt , and given occasion to a Schism of so many People as are separated from it . They gave the French Ambassadour a civil answer , though in his Speech he had given several nips which touch'd the Pope's Party to the quick . He said that he presented the Articles of Reformation principally to the Council . These words offended them extremely , because they did insinuate that the Ambassadour made far less reckoning of the Pope , than he did of the Council . Besides , they found that by that expression he designed to have a lash at the Clause proponentibus Legatis : as intending to intimate that in Quality of Ambassadour he pretended to propose his Articles to the Council himself , and not by the Lagates ; and this perswaded them that France entertained terrible intentions against the Authority of the Pope , and they were the more allarmed because Du Ferrier had said that the French had still far more important Proposals to make , and that they ought to make greater advances in the work of Reformation than the Councils of Constance and Basil had done . The day following the Cardinal of Lorrain parted for Inspruck , taking with him nine Prelates and four Divides ; but he got a promise from the Legates that during his absence they should not treat of the Marriage of Priests .

In the mean time they continued the Congregations about the matter of Doctrine . The first Chamber of Divines which we have already mentioned , having heard Salmeron and Maillard , unanimously condemned as Heretical the opinion that denies Marriage to be a Sacrament , and in like manner declared Clandestine Marriages to be true Sacraments , and lawfull Marriages . But there was some diversity of opinion about the Sentiments of Salmeron and Maillard , in relation to the Power of the Church in annulling secret Marriages : some were of Salmeron's opinion ; and others with Maillard , thought that the Power of the Church did not reach so far , as to make a Marriage become unlawfull , which was lawfull a very little before . Amongst those who maintained that the Church had Power to annull Clandestine Marriages , some disputed another Point , to wit , whether it be convenient and profitable to make use of that Power in the present time . But most part thought it best , that all secret Marriages should be invalidated ; and some went farther still , and were for declaring null and void all Marriages contracted by the Children of Persons of Honour and Quality , without the Consent of their Parents , as well for strengthening Paternal Authority , as for preventing the Mischiefs which many times attend such Marriages .

The Divines of the second Chamber examined the third and fourth Articles , which concerned Divorce , Polygamy , and the Prohibition to marry in certain times . Father Soto a Spanish Jacobin maintained that it was not lawfull to dissolve a Marriage , nay not for the Cause of Adultery . He confessed that married Folks might be separated from bed and board ; but not so as to allow those who are so separated to marry with others ; he alledged that to be the meaning of St. Paul , when he permits married Believers to remain separated , in case their unbelieving Wives will not live with them . He gave several interpretations to the words of Jesus Christ , which seem to allow a Divorce for the Cause of Adultery , but stuck to none of them , which was a great Argument that he was not so clear in that Point , as he would have seemed to be . As to Polygamy , he proved is to be contrary to the Law of Nature ; and for the Prohibitions to marry in certain times , he said there was no need to make a grievance of that , seeing it was easie to obtain a Dispensation from the Bishop to marry in prohibited times . About the substance of the question there was no great dispute : but the Spanish Divines caught hold of that occasion to speak of the necessity of the Residence of Bishops , that they might be able to give Dispensations with Prudence , Wisedom , and with Knowledge of the Cause . Upon naming the Tie that is betwixt a Husband and a Wife , which is like to that whereby a Bishop is united to his Church ; a Cordelier named John Ramirez took occasion to speak again about Residence , and shew'd that it was no more in the Pope's Power to draw a Bishop from his See , and translate him into another , than to snatch a Husband from his Wife . The Pope's Party , on the contrary , took occasion to speak of the Sovereign Authority of the Holy See , upon account that the two Articles which were under Debate , stand condemned in the Decretals of Popes . They magnified that Authority beyond all bounds , and stretched it even to the dispensing against Canons , against the Ordinances of the Apostles , and against all the Laws of God . They alledged the Canon Si Papa , which runs in these terms . If one surprise the Pope neglecting his own Salvation , and that of his Brethren , unfruitfull and remiss in his works , concealing the good ; which does most hurt to his own and the Salvation of others ; though he lead to Hell innumerable crouds of People , there to be eternally punished with him . Decret. Grat. Dist. 40. Nevertheless no man ought to undertake to reprove him , or punish him for his faults , because he who ought to judge all the World , ought not to be judged by any , unless it be found that he errs in the Faith . A Decision attributed to one Boniface a Martyr , and Archbishop of Mentz .

When the second Chamber had spoken , the Legates past by the third , and came to the fourth , because they had promised the Cardinal of Lorrain not to meddle with the Celibat of Priests , the Examination whereof was committed to the third Chamber . The business of the fourth Chamber was to treat of the Degrees of Consanguinity : and John de Verdun a French Benedictine , giving his opinion upon the matter , took in hand to refute what had been said in favour of the Pope , about Dispensations , and spoke all that he durst to weaken the Papal Authority . He acknowledged that in Humane Laws there was occasion for Dispensations , because Legislatours cannot foresee all Cases ; but he absolutely denied that the Law of God could be dispensed with . The Pope , said he , is not Master , and the Church is not his Servant ; and Dispensations ought onely to be the Explanations of Laws , and by Consequence ought not to overthrow them ; so that the Pope by dispensing cannot take off the obligation that lies upon men to obey the Law . James Alain a Divine of the Bishop of Vannes spoke with the same vigour , and sunk the Authority of the Pope below a Council , affirming that the Power of dispensing was properly given to the Church , The Emperour much dissatisfied with the Council and the Pope , consults about important Points which concerned the Authority of the Pope , and the Liberty of the Council . and not immediately to the Pope .

Whilst these questions were debated amongst the Divines , the Prelates minded other Affairs . Commendene Bishop of Zante whom the Legates had sent to the Emperour returned to Trent without any Success in his Negotiation , for the Emperour desired time to answer the Propositions which the Legates had made to him . However this Deputy found , that the Emperour was extremely dissatisfied with the Council , and that he was resolved to take some Course to remedy the Disorders that reigned in it ; that he intended to demand a very considerable Reformation , and to settle it so firmly , that none should be able to shake it . He told the Presidents also that he made no doubt but that the Spaniards had intelligence with the Emperour ; because the Count de Luna , designed for the Embassie of Trent , had answered those who complained of the boldness of the Spanish Bishops , that he could not meddle in it , and that these Prelates spoke according to their Conscience . They were therefore satisfied in General that the Emperour aimed at great matters , but could not precisely tell what they might be . These Secrets were not long shrouded under the veil of secrecy ; for one Father Camisco a Jesuit , and another Father Nattale sent from Trent to Inspruck by General Lainez sounded the bottom of these Mysteries . They found that the Emperour had proposed seventeen Articles to be consulted by his Divines and Counsellours . For instance , Whether it was convenient that the Pope should be so much Master of the Council as he was , so that nothing should be proposed , nor concluded but what the Court of Rome pleased . Whether the Pope happening to die , the Election of his Successour did not belong to the Council . What is the Power of the Emperour when the See is vacant , and the Council open . Whether Ambassadours ought not to have a deliberative Vote in Council , when they treat of matters that regard the Peace of Christendom . Whether the Pope could dissolve or suspend the Council without the Consent of the Emperour and Christian Princes . Whether it ought to be suffered that the Legates alone should have the Power of proposing . What means ought to be used to set the Council at Liberty , and to prevent all violence and fraud therein . What Course ought to be taken to repress the insolence of the Italians who stopt all deliberations , and to prevent their private Cabals . By what means ought the Court of Rome to be hindered from ordering what is to be done in the Council . And whether it would consist with the Majesty of the Emperour to be present at the Council . These Articles were communicated to the Cardinal of Lorrain ; to the French and Spaniards . But the Conferences held on that subject produced no other effect , than to disgust the Pope who was informed of all by his Spies , and was offended that the Emperour took the Liberty to consult about Points that were so prejudicial to his Authority . He was advised to shew his Resentment by a severe and smart Brief . Such as Paul III. had written to Charles the Fifth , upon occasion of the Conferences of Spire . But having well considered that , he thought it better to wink at the matter . In the mean time the Cardinals had long Consultations at Rome about the Articles of the French , whether they ought to be proposed in the Council or not ; and it was concluded in the Negative . It was alledged that seeing the French had new matters and of greater importance to propose , it was to be feared that if they appeared to be so easie in admitting these , it might give them the boldness to goe on with the rest . About the In relation to the second question , whether it was expedient at present to dispense with the Law of a single life in favour of the Priests , or even to abolish it ; there were some Divines , who maintained that it would be expedient , because of the horrid disorders of the Lives of Priests ; and they failed not to quote that famous saying of Aeneas Sylvius , who was afterwards Pope Pius II. That for good reasons the Church had prohibited Marriage to Priests : but that for other and better reasons it ought to be allowed them . It was carried by Plurality of Votes , that a Priest might be dispensed with to marry . However it was not the Pope's mind that that opinion should pass : and therefore the Legates were blamed at Rome , for having suffered that question to be disputed . They excused themselves , saying , that they were obliged to have that Deference for the Ambassadours of the Emperour and Duke of Bavaria , who had instantly solicited it . The French perceiving that most part were of opinion that a Priest might be dispensed with to marry , had some design to demand a dispensation for the Cardinal of Bourbon . But the Cardinal of Lorrain was not of that mind , perhaps it was not much his desire that the Heirs of the Family of Bourbon should multiply . The reason that he gave why he was not for it , was the difficulty of obtaining it , because such Dispensations cannot be granted but upon very urgent occasions , which was not to be alledged in this Case , seeing there were a great many Princes of the bloud .

The Pope received the news of the death of the Cardinal of Mantua , and if one may judge by appearances , he was not very much troubled at it , The Pope names two Legates in place of the Cardinal of Mantua . He will not name the Cardinal of Lorrain for President . for he did not look upon him as too much addicted to the interests of the Holy See . He would not follow the advice of Cardinal Simoneta , who could have heartily wished that no new Legate had been sent to Trent ; for instead of one he named two . But that he might not be contradicted in that Election , he made the nomination when no body expected it : and it fell upon Cardinal Giovanni Morone , and Cardinal Navagiero . He kept that nomination secret , more especially to avoid the Persecution of the French , who pretended that that Dignity belonged to the Cardinal of Lorrain . The Cardinal de la Bourdaisiere a French man who was at Rome moved it to the Pope , who answered him briskly , that the Cardinal of Lorrain was at Trent as head of a Party , and that a disinteressed Person must be set at the head of the Council . About the same time the Cardinal of Lorrain received at Trent the news of the death of his Brother , who was assassinated before Orleans by a Pistol shot , of which he died six days after . The Murtherer accused Admiral Coligny and Theodore Beza as his Accomplices ; but he varied so much at his death and upon the Rack , that he left not the least suspicion of it in the minds of honest men . Both of them offered to purge themselves of that accusation before any Judges that should be appointed them . This blow allarmed the Cardinal , and made him double his Guards : and seeing he offered at every thing , Wit and Devotion , as well as state Policy , he wrote to his Sister-in-Law a long consolatory Letter ; of which his Servants to doe their Master honour , dispersed a great many Copies . The news of the death of this Person was received with much grief at the Court of Rome and at Trent , for that Duke was lookt upon as the main Prop of the Catholick Party in France .

Some time before the Bishop of the five Churches had gone to wait upon the Emperour ; and now he returned with a Letter to the Council , which exhorted the Fathers to labour for a Reformation ; he brought with him also the Copy of another Letter , which the Emperour at the same time wrote to the Pope . The Emperour writes to the Council and to the Pope in a very high strain against the Disorders of the Council . This last Letter was very high ; the Emperour therein earnestly exhorted the Pope not to dissolve the Council , because it would prove a great Scandal to Catholicks , and give Hereticks occasion to scoff at the Church and its Assemblies . He told him that if things went no better for the time to come , the World would be assured that the Pope intended no Reformation , and that every Country would hold its own National Synod to reform themselves . But above all things he solicited him in very pressing terms to render that liberty to the Council which was wholly taken from it . He told him that it was no free Council . 1. Because before any thing was proposed they expected Orders from the Court of Rome . 2. Because it was not permitted to every one to propose , and that the Legates had reserved that Power to themselves by the Clause Proponentibus Legatis . 3. Because the Bishops of the Pope's Parry carried all by powerfull Factions . 4. And lastly , because that after much and long Deliberation , things must be carried contrary to the Votes of the Council , just as the Legates please , according to the Consultations which they receive from the Pope . This Letter gave offence to the Pope and surprise to all . It was wondered at , that the Emperour durst offer to speak with more liberty , than any of his Predecessours ever had done , not excepting Charles the Fifth , who with all his Power and Greatness , had never ventured to be so bold : and the Pope was the more vexed , that the Emperour having sent a Copy of that Letter to the Cardinal of Lorrain , the French had made it publick . At the same time the Emperour's Chancellour plainly told the Nuncio residing at the Imperial Court , that the words Universalem Ecclesiam must be left out of the Decree that we mentioned before ; because they defined the Superiority of the Pope over a Council . All those things together incensed the Pope against the Emperour . He answered him in the same strain , and let him know , that he alone had the Power of calling Councils ; that the Council of Trent was free enough ; but that in all times the Popes had sent their Instructions to Councils ; that the Pope and his Legates , had the sole Power of proposing ; that the disorders came from those who kept Conventicles and Cabals for encroaching upon the Authority of the Holy See ; that he himself solicited also a Reformation , but that it was fit that they who were so pressing with others for Reformation , would begin with themselves ; That the Emperour had taken pains to observe very well the disorders of the Council , but that he had forgot the greatest ; and that was , that they who ought to receive the Law from the Council , would needs give it , and that if Princes would have imitated the Constantins and Theodosius's , there would have been no Division . Besides that Letter , the Pope sent the Emperour a Paper containing many passages to warrant the Clause of the Decree which he had formed , wherein he attributed to the Bishops of Rome the right of governing Universam Ecclesiam , the Church Universal . The Emperour , on the other hand , sent to Rome a Collection of other passages , which overthrew those of the Pope , and oppugned the Clause which he had ▪ undertaken to defend . By this Conduct of the Emperour , the Pope found that it was impossible that ever they could joyn in interests , and therefore he abandoned both him and the French , and turned all his hopes and prospects towards Spain . The Pope's Letter to the Emperour having been divulged , it displeased the French : and the Cardinal of Lorrain assembled his Prelates several times , to examine and refute the passages which the Pope alledged in his Writing for asserting the Clause regens Universalem Ecclesiam . The Germans did the like , but the Spaniards would not joyn with them in this particular , because they receive the Council of Florence . Nevertheless the Archbishop of Granada kept them from writing to the Pope , to give him assurances of their Fidelity ; it 's enough , said he , that the Pope knows we are not against him , The death of Cardinal Seripando . though we do not fawn with Italian Flattery . Cardinal Seripando died the seventeenth of March , and that gave a new Pretext for putting off the Actions of the Council . The French Ambassadours next day after the death of that Cardinal went to move again for Reformation ; but the Legates made answer that they were not able alone to undertake so weighty an affair , and therefore prayed them to expect the coming of the Cardinals Morone and Navagiero their Collegues . They were forced to acquiesce , and the Germans were not angry at the delay , because the Emperour's Ambassadours were at Rome , where Don Lewis d'Avila was arrived on the part of the King of Spain . The instructions of these Ambassadours were , to treat with the Pope in name of their Masters about Reformation , and to demand that the Council might be free , so as that all should have freedom to propose . Now the Germans desired to know what that might produce before they proceeded farther . The Pope who now reposed all his Confidence on the King of Spain , made extraordinary much of Don Lewis d'Avila ; and at the same time by the Solicitations of his Nuncio obtained a Letter from the King of Spain to the Count de Luna , which ordered him to repress the boldness of the Spanish Prelates . In compliance with this Letter the Count de Luna , who was at that time at the Emperour's Court , wrote to Martin Gazdellun Secretary of the Embassie , and to the Archbishops and Bishops of Granada , Leon and Segovia , that they should take care , that the Prelates of Spain did favour the interests of the Pope . In the mean while the Conference of the Ambassadours with the Pope had no effect , partly because he had no real intention to satisfie them , and partly because what the one desired the others withstood . The Imperialists demanded the Cup , and the Marriage of Priests , but the Spaniards opposed it . The Pope waved the Propositions that they made to him about Reformation , and answered in general terms , that he left the Council to their liberty , and that the Clause proponentibus legatis should be interpreted , so as to give all content . In effect he wrote to his Legates at Trent , that they should not hinder the Prelates to propose what they thought fit : but in the mean time , Cardinal Morone , as was well known , had instructions quite contrary to these fair promises .

The twentieth of March the Congregations of Divines about the point of Marriage concluded ; and the Legates met to consult with the Prelates of the Pope's Faction , whether they should begin the Congregations of Prelates . The Cardinal of Warmia was not against it ; but was even of opinion that they should endeavour to put an end to one or other of the six difficulties which had been started , and had so long puzled the Council , that so the sticklers might have patience as to the rest . These six difficulties were : First about the Clause proponentibus legatis , which was desired might be recalled and expunged . Secondly , concerning Residence . Thirdly , about the question whether Episcopacy be of Divine Right . Fourthly , concerning the Authority of the Pope . Fifthly , touching the proposition of giving an Assistant to the Clark of the Council ; And Sixthly , about the demand of a general Reformation . Cardinal Simoneta who was afraid of the easiness of the Cardinal of Warmia , and who would not expose himself singly to the Torrent of so much contradiction , was of the opinion that they should expect the Legates who were to come from Rome , and his advice carried it . So all things were in suspence , and the Cardinal of Lorrain took this opportunity to goe and take his Recreations at Venice , to comfort himself for the death of his two Brothers ; for since the death of the Duke , he had receiv'd news of the death of the Grand Prior.

The Pope absolutely rejects the Propositions of the French . The Pope , in the mean while , thought of means how he might rid his hands of the Propositions , and repeated instances that were made to him about the business of Reformation . Hitherto he seemed undetermined in relation to the Propositions of the French ; he had neither admitted nor rejected them : in general terms he had promised to consider of them , and that they should be proposed in time and place convenient . He seemed to have some inclination to grant such things as struck not at the diminution of the Authority of the Holy See ; as the Marriage of Priests , the Communion in both kinds , and the Service in the vulgar Tongue . But after he had weighed all things well , he found that he could not make any step towards such a Reformation which would not prove fatal ; that when once a breach should be made in received Doctrines , the Adversaries would croud in apace at it , and that would give occasion to new Demands . And so he resolved to give an absolute refusal to the Propositions of the French , and that he might make it the stronger , he thought fit , once again to make an essay of dividing the Emperour from the French . For that effect , he ordered Cardinal Morone Legate Elect for the Council of Trent , not to stay there but to goe to the Emperour's Court : and at the same time ; because the Cardinal of Lorrain had dropt some words that did insinuate , as if the Emperour should have some design to come to Bologna , and to be Crowned there by the Pope , he resolved to sound the Cardinal as to that Point , and to endeavour to engage him in that Negotiation . The Bishop of Vintimiglia , under pretext of visiting one of his Nephews that lay sick at Padua , went to meet the Cardinal of Lorrain in that Town , as he was upon his Journey to Venice . The Cardinal confirmed what he had said of the Emperour ; but when ho found that they had a design to engage him to be concerned in the business of bringing the Emperour to Bologna , there to receive the Crown from the hands of the Pope , he wavered , and said that when he came back to Trent , he would endeavour to prie into the Intentions of his Imperial Majesty ; but that he did not believe that the Princes of the Empire would approve that design , and that the Emperour would doe nothing that might displease them . Having said so , he turned the discourse , and told the Bishop of Vintimiglia , that his design was to press the Reformation when the new Legates were come , saying that he doubted not but that they came fully informed of the intentions of the Pope , and that then it would clearly appear whether his Holiness in good earnest desired that Reformation ; that upon the whole , if they intended that matters should goe better , there were fifty Bishops in the Council who were to be turned out , because they were sworn to oppose all good resolutions . After these Conferences the Bishop of Vintimiglia perceived that the Cardinal of Lorrain had onely pretended that the Emperour had a design to be Crowned by the Pope , that he might discover the thoughts of the Court of Rome in relation to that matter .

The Pope obliges the Tribunal of the Inquisition to proceed against several French Bishops accused of Heresie . About the same time news came to Trent of the peace of Orleans which the King of France had granted the Huguenots : and it was insinuated to the Pope that that peace had been procured by the French Bishops who were Hereticks at the Heart . The Pope resolved to find them out , and be revenged upon them ; and therefore in a Congregation of Cardinals held the last of March , he spoke of the disorders of France , saying that they ought to be imputed to the Cardinal of Chatillon who had quitted the name of Bishop of Beauvais , and taken the Title of Count , to the Archbishop of Aix , and to the Bishop of Valence , and that he commanded the Cardinals commissionated for the Inquisition to proceed against them . He published also a Bull dated the seventh of April ; and in pursuance of that Ordinance the Tribunal of the Inquisition cited before them as suspected of Heresie , Odet de Coligny Cardinal of Chatillon , St. Romain Archbishop of Aix , John de Monluc Bishop of Valence , John Anthony Caracciol Bishop of Troye , John Barbancon Bishop of Pamiers , and Charles Guillard Bishop of Chartres .

All things were at a stand at Trent in expectation of Cardinal Morone who arrived on Saturday in Easter week . He was received in great state under a Canopy ; Cardinal Morone appointed chief Legate to preside in the Council , comes to Trent , and went to the Emperour at Inspruck . all the Council went out to meet him , and he walked betwixt the Imperial and French Ambassadours . Next day after the Count de Luna the King of Spain's Ambassadour arrived also , and made his entry in great Pomp , walking in the same manner betwixt the Imperial and French Anbassadours . April the thirteenth , Cardinal Morone was received in a Congregation , wherein he made a Speech , and within a few days after parted to goe and wait on the Emperour at Inspruck . His business was to divide the Emperour from the French , to take him off of his design of coming to Trent , to perswade him to come to Bologna , and suffer the Council to be transported thither ; to oblige him to maintain the Authority of the Pope , to condescend to the Clause proponentibus legatis , and not to press that the Reformation of the Court of Rome should be handled in the Council . At the same time the Legates who were at Trent to ease themselves of some that were troublesome , gave them leave to be gone , after they had tired them out with long delays , or vexed them with harsh usage . So , many departed ; and amongst others the French , being assured that nothing could be obtained in the Council , because of the Italians , thought of returning home . The French Ambassadours not onely consented , but forced them to it , by cutting the French Divines short of the Pensions that the King allotted them ; but John de Cartougne and John de Verdun two Benedictins stayed till the last , and so did the Cordelier Hugonis , because he was maintained by the Pope's Party , who ordered him his entertainment in the Convent of the Cordeliers at Trent , and gave him fifty Crowns of Gold a quarter to discover the designs of the French .

The Council is very ill satisfied with the Peace of Orleans , that the King of France made with the Huguenots . The twentieth of April the Cardinal of Lorrain came back , to Trent from Venice , and shortly after he received the Articles of the peace of Orleans that was concluded with the Protestants . By that peace it was allowed to Gentlemen who had high Jurisdiction , and the privilege which the French call fief de Haubert , to have the free exercise of the reformed Religion in their Houses ; that the Huguenots should have a place for Worship in every Baily-wick , in the Suburbs of a City , and in all places where it had been exercised before the seventh of March. The Protestants were not altogether satisfied with that peace , because they had not obtained all that they demanded ; but they were far less satisfied at Trent , for the Bishops blamed that Edict of Pacification , as a condescension enough to ruine the Catholick Religion . The King of France wrote to the Cardinal and his Ambassadours , ordering them to represent to the Council that his onely intent in making that peace , was that he might with more ease reclaim all his Subjects to their obedience to the Church : that that his design might prosper he demanded a Reformation , and that he resolved to send Birague as a new Ambassadour , more earnestly to solicite it . To this the Ambassadours added the deplorable state to which France was reduced by the Civil Wars , and justified the making of the peace by the necessity of the times , which admits of no Law . But these excuses satisfied not the Council ; and particularly the Bishops could not digest that the King in the Preface of the Edict of that Pacification , did say , that he had hopes that either a General or National Council would speedily compose all the publick troubles ; for that did insinuate , as if he distrusted the success of the Council of Trent , and tacitely threatned the calling of a National Assembly .

The two and twentieth of April had been pitcht upon for holding of the Session : and the day before , a General Congregation was called , wherein the Legates were of opinion that it should be deferred untill the third of June . But the Cardinal of Lorrain objected , that it was a shame to assign so often the day of the Session and never to hold it , that therefore it was not fit any more to prefix a day , but that the twentieth of May following the Council might meet and consider of a day when it could be held . This advice carried it by unanimous consent ; and though it seemed to be a deliberation of very little consequence ; nevertheless the Bishops of the Pope's Party conceived Jealousies , because the opinion of the Cardinal had been so generally followed . They said that the Pope had a great deal of reason to call him , the Head of a Party ; that he alone obstructed the expedition of affairs in Council , and the Translation of it to Bologna . But as to the prolongation of the Council , and delay of the Session , the Legates concurred in that as freely as any , in hopes that the more Zealous would either be gone , or abate their fervour .

During this intermission of Synodal actions , the Spanish Bishops were not negligent in their affairs . Their heads ran still upon the design of having Residence and the Institution of Bishops declared to be of Divine Right : and at the same time an accident happened that confirmed them in this fond opinion . A Jacobin called Peter Soto died at Trent , upon his death-bed be wrote a Letter to the Pope by way of Confession , and therein as a dying than took the freedom to solicite the Pope that he would suf●er Residence and the Institution of Bishops to be declared of Divine Right . Another Monk of the same Order , and in all likelihood his Kinsman , since his name was Louis Soto , dispersed Copies of that Letter for the Credit and Reputation of the Deceased . One would think , that the Authority of a single man and a simple Monk should not be of very great weight ; but the words of dying men are armed with a Natural Authority , that cannot be resisted , because they are lookt upon as the Sentiments of a Conscience stript of all Hypocrisie discharging it self towards men , that it may be able to appear and render a faithfull account before the Tribunal of God . And the Spaniards reckoned them so ; for that Letter of Soto's revived their Zeal . They used all means to gain the Count de Luna : the Archbishop of Granada informed him of all that was done in the Council , and made him sensible of the slavery it lay under . Discoursing one day of the Bishops of Liria and Palti , both Spaniards , who had fallen over to the Party of the Court of Rome , he said , they are naughty men who suffer themselves to be loaded like beasts , and are good of force and eloquence . He succeeded very well in his design of netling the Pope's Party ; and they , on the other hand , did not spare him ; for Cardinal Morone set him off in his Colours , and laboured to perswade the Emperour , that Lorrain and his French were the Cause of all the Disorders of the Council . This Intrigue came to the Cardinal's Knowledge , and encreased his Discontents .

Cardinal Morone comes back to Trent from Inspruck ; and the Emperour consents to the Conclusion of the Council , without any thing dome about Reformation . At length Cardinal Morone was dispatched by the Emperour , and had no more from him but some general answers . The Emperour told him that he would defend the Pope's Authority against Hereticks , if need required ; that he would not goe beyond Inspruck , that the Translation of the Council to Bologna was impossible , that he could not take his Coronation from the Pope without consulting the Diet , that he wished a Reformation might be made at Trent , and that all might have liberty to propose there . This was the answer that was published ; but they who knew better the Secret Transactions of that Conference affirmed for a certain , that Cardinal Morone had brought the Emperour and King of the Romans to consent to the separation of the Council . He made them sensible that it was impossible to obtain any Reformation ; because every thing that could be proposed , would always find some whose interests would oblige them to oppose it , and hinder all resolutions , because all men are willing to continue in the Condition they are in . It was therefore said , that there Princes yielded to his reasons , and consented that the Council might have an honourable Funeral , that is , that it should be suffered to disperse it self by little and little , for avoiding a scandalous Rupture . And indeed , it is more than probable , that they lost all hopes of obtaining any thing in that Council ; for their instances ceased or at least diminished , and if they made any , it was onely because they thought it not prudent by falling off all of a sudden to give occasion of being taken notice of . They chose rather to retreat without noise , because they were somewhat ashamed that they had not believed that noted Saying of St. Gregory Nazianzen ; That the troubles of the Church are always encreased by the Assemblies of Bishops : and they were unwilling to make open Confession that they were deceived in the Hopes that they had conceived of a Reformation .

THE HISTORY OF THE Council of TRENT . BOOK VIII .
PIUS IV.

CArdinal Morone Legate nominated by the Pope to succeed the Cardinal of Mantua , returned from Inspruck where he had been to confer with the Emperour about the affairs of the Council , and came to Trent the seventeenth of May. The twentieth of the same Month being appointed for prefixing the day of the following Session , they began to treat about that ; but because nothing was yet in a readiness , and that differences were still in fermentation , the Legates perceived that it was not convenient to appoint a certain day for the Session . Therefore in the Congregation of the nineteenth , it was resolved to defer the choice of the day till the tenth of June .

The Count de Luna Ambassadour of Spain had his publick reception in the Congregation of the one and twentieth of May ; and them broke out to purpose the difference betwixt the Ambassadours of France and Spain , A Contest betwixt the French and Spaniards about Precedence . in relation to Precedence ; the Spaniards upon the most unjust pretensions in the World challenging place before the French . Charles the fifth and his Predecessours as well by Father side as Mother side had by Successions and Alliances united a great many Territories ; and these lesses States joyned in one made a vast Dominion in the Person of Charles , fortified by the Dignity of Emperour , which that Prince had obtained by Election . In that last quality his Ambassadours without any Dispute went before those of France . After the Resignation of Charles , Philip his Son inherited all his haughtiness , though he succeeded but to a part of his Grandure . He remained King of Spain , Naples and Sicily , and Master of the Low Countries , that is to say , he succeeded to all the Rights of the Kings of Castille , Arragon and Naples , and of the Dukes of Burgundy . None of his Predecessours ever thought of disputing the Precedence with the Kings of France , and some of them had even been their Vassals . Nevertheless Philip finding himself Master of so many Countries , and having swelled his Titles with American Kingdoms , thought himself in a Condition of disputing a Dignity with France , whereof it had always been in possession without any opposition . This quarrel was begun at Rome before it appeared at Trent , but however we will begin with that which happened at Trent .

For a long time means had been essayed both a Trent and at Rome for preventing this Scuffle , which they well foresaw would happen . The Marquess of Pescara Governour of Milan came not to the Council when the French Ambassadours arrived . He retired to Milan leaving the Secretary of his Embassie at Trent , because he was not willing to engage in a Contest , where he foresaw he could not come off with Honour to his Master . He was discharged of that Embassie , and the Count de Luna named to succeed in his place . The King of Spain at first , had a design of sending the Count to the Council with the Title of Ambassadour of the Emperour , that so he might have Precedence without any difficulty . But the Execution of this design was pestered with so many encumbrances which were hard to be avoided ; that at length , the Count de Luna wrote to the Legates about the end of November 1562. that he would come to Trent as Ambassadour of Spain , and not of the Emperour ; but that he desired to know before he set out what place would be given him . The Legates communicated the affair to the French Ambassadours , who answered coldly , that they were not sent to Trent to take up differences , but to take the place that was their due ; that if that place were denied them , they would protest against all the Acts of the Council and immediately be gone . The Cardinal of Mantua proposed to give the Spaniards a place apart from the other Ambassadours , opposite to the Legates ; but they withstood that , and said that they would have him placed below them ▪ The Count de Luna being come to Trent continued there forty days without appearing in Congregation , being hindered by the same difficulty . At length , after the return of Cardinal Morone from Inspruck , the Actions of the Council being about to begin again , and to proceed with greater diligence than ever , there was a necessity of passing over all Considerations . During these forty days the French were earnestly solicited to allow the Count de Luna a place apart , which should neither be above nor below them ; but they would by no means consent to it . The Count had a mind to stan● in that first Congregation , untill the Harangues and Ceremonies of his Reception were over , and immediately after to withdraw and return home . But the Spaniards thought not that expedient sufficient to save the Honour of their King . He also endeavoured to obtain that at least , the French would not come to the Congregation the day of his Reception , and that they likewise refused . Afterward he bethought himself of another means , and that was to dispute the Right of Ambassadours assisting at Congregation , alledging that it was contrary to the Custome of Ancient Councils . But besides that that was false , he durst not insist upon it , because that did a general prejudice to all Princes who had Ambassadours there . He cast about so many ways , that at length he hit upon one that succeeded , and which obliged the French to yield ; and that was , that he obtained of the Legates , and some Prelates that in the Congregation where he should be received , they might treat of some affairs wherein the French might be considered as a Party , and for that reason could not assist at the Deliberations . The Subject that was chosen was , the prejudice that might befall Christendom by the Peace concluded in France with the Huguenots . The Cardinal of Lorrain was informed of that resolution ; and thereupon assembled the French , to acquaint them , that there was ground to fear , lest in these Deliberations , which were onely held for Formality , to hinder them from assisting at the Reception of the Spanish Ambassadour , some things might however be spoken , and resolutions taken contrary to the interests of their Prince ; and upon that Consideration he made them resolve to yield , and suffer the Count de Luna to have a place out of the rank of Ambassadours . The French at Rome were not at all satisfied with that easiness and condescension of the Cardinal of Lorrain . However it went so , and on the second of May the Count de Luna took his place in the middle of the Assembly ; in a seat by himself apart from all the rest , and over against the Legates . For all that , he made his Protestations , saying , that the next place to the Ambassadours of the Emperour belonged to him , but that he was not willing to dispute it , lest he might thereby give hinderance to the affairs of the Church and of the Council ; that he pretended and declared that all that was done should not be prejudicial to the rank which his Master ought to hold . On the other side , the French made their Protestations also , and proved that the Ambassadours of the Kings of France , had always had place immediately after the Ambassadours of the Emperour , as might appear by what was done in the Councils of Constance , and Lateran . They added if the distinct place apart from the rest which was assigned to the Ambassadour of Spain , did prejudice to the Rights of their Master , they demanded , that forthwith the Fathers of the Council would oblige the Ambassadours of the King of Spain to sit below them : they required that , at least , it should be declared that all was done without prejudice to the Possession of the King of France , which had been perpetual , and without interruption ; and promised to be content with that at present , provided they had an Act thereupon given them and recorded .

Some time before this matter was thus managed at Trent , they had been in the same straits at Rome . The Pope having often promised the French Ambassadour to give him on Whitsunday following the place that belonged to him , he assembled the Cardinals to consult about means for satisfying the Spaniards ; and many Expedients were offered . Some proposed that the Spanish Ambassadour should have the first place after the Cardinal Deacon who was on the left hand ; others , that he should have a seat at the lower end of the Bench of the Cardinal Deacons . But that accommodation did not remove difficulties , no more than that which had been made at Trent . For the Ambassadours could not avoid Competition , when the Pope's Train was to be carried , and water presented him to wash his hands on the days when he did celebrate Pontifically . For commonly the Chief of Ambassadours carry up the Train , and present water : the same Competition must happen also when they were to receive the Incense and the Pax. It was proposed to give the Incense and the Pax to all those who sate on the Ambassadour's side , even to the Ambassadour of Florence who was the last , before they went to the left where the Ambassadour of Spain was . That did not please the Spanish Ambassadour , nor was it accepted by the French , who declared that either the Spanish Ambassadour should absent himself , or that he should sit below him , and if otherwise he would instantly leave Rome . The Pope seeing that he could not content them by that means , resolved to let the Spanish Ambassadour know , that he would continue the King of France in the Privilege of Precedence , which he had enjoyed time out of mind . The Spanish Ambassadour desired leave to protest , and did so . He was introduced into the Pope's Chamber with four Witnesses , and kneeling before his Holiness , he made his Protestation , wherein he told his Holiness that the King his Master ought to goe before the King of France , because of the Antiquity and Greatness of his Kingdom of Spain , and for the many other Kingdoms whereof he was Sovereign , and especially because he had so succesfully defended the Catholick Faith ; and that therefore he opposed all Declaration of Precedency or Parity , which might be made in favour of the King of France , as being null , and contrary to the Right of the King his Master . The Pope answered him , that he had done nothing , but preserved to the Crown of France the Right whereof it was in possession , that nevertheless he would refer the matter to the College of Cardinals , and that he was ready on all occasions to serve the Catholick King . The Pope persisted not long in the humour of doeing the French Justice , but was quickly overswayed by the Ambassadour Vargas .

This is the account of what was done at Rome : let us now return to what was done in the Council . They had found a Place for the Count de Luna , that he might be present at the Congregations ; but that inferred nothing for the day of the Session , which is properly the day of Ceremony , when all the Actions and Persons ought to be placed in their Order . The French were therefore resolved to make new Instances to oblige the Count de Luna to take his place after them that day . Besides that , there was a necessity that one or other must be first when the Council should hold a Chapel , and when the Incense and the Pax were to be given , and the French could not imagine that they would give them to the Spaniards before them . The Pope to adjust that difficulty , at the Instance of the Spanish Ambassadour at Rome , wrote to the Legates , that in the next Session they should give the Count de Luna a Place apart from the other Ambassadours , as had already been done in the Congregations , and that the first time they should hold a Chapel , for avoiding Competition in giving the Incense and the Pax , they should have two Censers , and that they should cense the two Ambassadours of France and Spain at the same time ; that the like should be done as to the Pax , that they should have two Paxes presented severally to the two Ambassadours to be kist at the same moment of time ; and for preventing of underhand dealings and intrigues that might be practised to hinder the effect of that resolution , he ordered the Legates to keep it secret . In effect Cardinal Morone , according to the Pope's Instructions , kept the thing so secret , that the French had not the least notice of it . And on the nine and twentieth of June when all were assembled in the Chapel or Dome to hear Mass , Service being begun , on the sudden a Purple Velvet-Chair was brought out of the Vestry , and placed in the rank opposit to that of the Ambassadours , betwixt the youngest Cardinal and eldest Patriarch , and at the same time the Count de Luna came and placed himself in that seat . The French immediately complained of it , and the Cardinal of Lorrain took it exceedingly ill , that such a thing should have been offered to be done , without acquainting him : The French Ambassadours sent the Master of the Ceremonies to make the same Complaint on their Parts , and at the same time protested that they would receive the Incense and the Pax first . They told them that it should be remedied by two Censers and two Paxes . But they opposed that , and declared that they would admit of no Parity , and that they would retain the Possession of Precedency . This bustle of coming and going and loud whisperings , caused a dull and confused noise that hindered the hearing of the Epistle and Gospel read . But when Sermon was begun , the Legates called into the Vestry , the Cardinals , Imperial Ambassadours and Du Ferrier Ambassadour of France . And all the Sermon-time was spent in Debates , without any Conclusion . At length the Bishop of the five Churches and the Ambassadour of Poland came out , and prayed the Count de Luna in name of the Legates , that he would condescend that for that day there should be no giving neither of the Incense nor Pax ; promising that the first convenient day , and upon the first Demand that he should make of it , they should give him that satisfaction which the Pope had promised ; but that they had need of some time to consult how they might avoid Trouble and Confusion . The Count de Luna consented , and so soon as the Ite missa est was said , whereas in all the Congregations he used to go out last of all , he went out the first even before the Cross , followed by a great many Spanish Prelates , and Italians of his Master's Subjects . The Legates to justifie what they had done , shew'd the Commission which they had received from the Pope . Du Ferrier fell into a Passion , and said that had it not been for the respect he bore to the Holy Action they were about , he would have then protested ; and declared that for the future he would doe it , if they did not give him the Incense and the Pax according to the Order of Precedency that belonged to him . The Cardinal of Lorrain wrote a very smart Letter about it to the Pope , and complained in high terms , that the Pope having promised to doe nothing without first acquainting him , they made notwithstanding a Mystery even of things wherein he had a particular interest . The Count de Luna , on his part , complained of the Obstinacy of the French , and pressed the Legates , that on Sunday following the Ceremonies might be performed with a Parity to both , according to the Orders of the Pope . Next day after this Scuffle he called together the Spanish Prelates , and Italians of his Master's Subjects , and represented to them the Necessity of shewing themselves vigorous on this occasion ; that the French would not fail to protest , either against the Legates , or against the King his Master , or against him as Ambassadour , and that they ought to be in a readiness for every thing ; which they promised to doe . In the mean time the Ambassadours of the other Princes besought the Legates , to find out some way of accommodation ; but they made answer that they had express Orders from his Holyness , to make the Ceremonies equal , that they had past their promise thereupon to the Count de Luna , and that it could not be otherwise . Hereupon the Cardinal of Lorrain protested to the Legates , that if they made such an Attempt upon the Privileges of his Master , he would take the Pulpit and speak in name of all the French , that he would complain to the whole Assembly of the injury that was done them , and that having laid open the Disorders that that would cause in Christendom , he would come down , take a Crucifix in his hand , and goe out of the Church crying Misericordia , that he would perswade the Fathers of the Council to follow him out of the Church , that they might not be Spectatours of so Scandalous a Schism ; and that he was sure of bringing over a great many to his Party . That Menace frightned the Legates , they doubted he might be in the humour to doe as he said , at least they were afraid to put it to the risque . And therefore they obtained of the Count de Luna , that no procession might be made on Sunday , nor Chapel held , till they had informed the Pope of all that had happened . The French Ambassadours , on their part , made great noise , and declared that they were resolved to protest , not against the Legates who followed their Commission ; not against the Catholick King who maintained his Rights as he thought best ; not against the Count de Luna who obeyed his Master's Orders ; not , in fine , against the Holy See , for which they had a great Veneration ; but against Pius IV. who called himself Pope , and was not ; adding that they would prove him to be no lawfull Pope , because he had insinuated himself into the Holy See by the way of Simony : And for proof of this they produced two Scedules or Notes for considerable Summs ; one which Cardinal Caraffa had from the Duke of Florence for favouring the Election of the Cardinal of Medicis , which Scedule Cardinal Caraffa had since sent to the King of France ; the other Scedule was under the Pope's own hand to the Cardinal of Naples ; and though that last Writing was not in the hands of the French ; yet it was a thing notoriously known , and past for a certain truth . Besides the Protestation , the President Du Ferrier had prepared a most bitter Latine Harangue , which was not spoken , though it was afterwards Printed . In that Speech , having asserted the Rights of Precedency of the Kings of France by a Long and Uninterrupted Possession , he declared that he did not attribute the trouble that was given him , neither to the Council , nor to the Catholick King but to the Person of Pius IV. who sow'd Seeds of Discord amongst confederated Kings ; and with damnable ingratitude forgot the Obligations which the Holy See had to Pepin , Charlemain , and Lewis his Son Kings of France , who had raised it to all its Grandure . He protested that he owned him not for the true Vicar of Jesus Christ ; and that for the Council , since all that was done in it came from Rome , ready concluded and determined , he could not look upon the Decrees of that Assembly , as of a General Council . In Conclusion he commanded , in his Master's name , all French Prelates to retire , untill a lawfull and free Council should be called . The Protestation and Harangue were not made ; because at length means were found to compose in some manner the Difference ; and that was , the Count de Luna after much Solicitation , consented that untill he had received an answer from the King of Spain his Master , neither the one nor the other should receive the Incense and the Pax. A great many were offended at this Agreement ; and the Pope himself did not approve of it . However most of the Prelates would have been glad that that Debate had lasted much longer , because they were in good hopes that it would have been a means of dissolving the Council , of which they were sufficiently weary .

We have been somewhat the longer in relating the History of this Difference , because it was the Cause of the great Quarel that hath been betwixt two of the most considerable Crowns in Christendom . And we were not willing to interrupt the Series of that Contest , by interweaving the other affairs of the Council , to which at present we return . The Count de Luna having made his publick entry into the Council , The Count de Luna makes his entry into the Council . His Divine by his Speech offends the Ambassadours of the other Princes . in the General Congregation held the one and twentieth of May ; he ordered Pietro Fontidonio a Spanish Divine to speak in his name . This Divine spoke in a strain that was very agreeable to the Party which stood up for the Interests of the Pope . For he told the Council that there was no way to deal with the Protestants but by the Severity of Punishments . He made an Invective against Trimmers who were for indulging any thing in their favour : and to prove this , he instanced the happy Success of the Severity which his Master had employed in suppressing of Heresie . The Council made a very favourable answer to this Discourse ; but the Ambassadours took it very impatiently , looking upon that Harangue as an open Censure of all other Princes , who had not imitated the Conduct of the King of Spain . They complained to the Count de Luna of the boldness of his Spokesman ; who disowned it , assuring them that he had ordered him to leave out that part of his Discourse , and promising to reprove him for not following his Directions .

A few days after , the Cardinal of Lorrain went to meet the Cardinal of Ferrara , who was upon his return from his Legation in France . He made some stay in Piedmont , and laboured to compose the Affairs of Religion , which were in no very good condition there ; for notwithstanding all the care the Duke of Savoy had used , the Huguenot Party grew very strong ; and several made open profession of that Religion even in the Duke's Court. These two Cardinals had their interview at Hostia in the Veronese the four and twentieth of May ; where the Cardinal of Ferrara used all his ondeavours to perswade Lorrain to return to France , shewing him that the Interest of his Family required it , because of the death of his two Brothers the Duke and Grand Prior. He dealt earnestly with him also to employ his credit with the French Prelates , that they would desist from pressing that the Institution of Bishops and their Residence should be declared of Divine Right . But the Cardinal would not hear of it ; he continued stedfast in his design of staying at the Council ; and as he said , of having matters concluded according to truth and reason . Upon his return to Trent , he bragg'd much how he had resisted the solicitations of the Cardinal of Ferrara : but that was the last act of constancy and vigour that came from him ; for after that time , he made so visible and considerable a compliance , that he became the chief instrument which the Court of Rome employed for shaking and baffling the vigour of others . However he seemed still to retain a little stedfastness in a Conference that he had with Cardinal Morone after his return from Hostia . Cardinal Morone to sooth and flatter him , told him that he wished he were at the helm of affairs , and that he had the same Authority as the Legates had , that farther more the Pope desired a Reformation , and would set about it ; that none of the Articles which had been proposed by the several Nations were desired to be left out , but those which related to the Court of Rome , because the Pope would have the honour of Reforming himself . The Cardinal was not catcht in that trap , but made answer , that saving the respect which was due to the Holy See , what concerned the Reformation of the Cardinals , and of the Court of Rome , might be very well proposed in the Council . But he continued not long in that style , for the Cardinal received Letters from the Queen , informing him that his presence would be far more necessary in France than at Trent : she told him that there was no more good to be expected from the Council for France ; that all that could have been obtained from it , would onely have been in order to reunite the French Protestants to the Church : but that that was a thing not to be hoped for now , since the peace with the Huguenots held good ; and that therefore the Pope was to be contented . She wrote also to the Pope , that she would order the French Prelates to concur in any thing that might tend to the speedy Conclusion of the Council , and not to dispute his Authority any more . From that time forward the Cardinal thought of nothing but of returning to France ; he was troubled to understand , that the peace with the Protestants was like to hold , for he mortally hated the Huguenots , and feared the growth of the Party , not so much out of Zeal for Religion , as because he knew that that Party could not be Established but upon the ruines of his Family , by reason of the irreconcilable hatred that was betwixt the Princes of the House of Guise , and the Great men that were engaged in the interests of the Protestants . He considered with himself , that to support him against a Party which was like to gather new strength by a Peace , he stood in need of the favour of the Pope ; and therefore he bent all his thoughts for the future , to incline him to espouse his Interests by appearing to be wholly at his devotion .

A new Ambassadour from France comes . About the same time the President de Birague the new French Ambassadour arrived , and was received in the Congregation of the second of June : But because in his Credentials he was not called Ambassadour , all the Ambassadours of Princes , who commonly come after those of France did not appear , that they might not be obliged to take their places after him . Birague presented to the Council a Letter from the King , wherein he gave once more reasons for the Peace which he had concluded with the Huguenots , still protesting that it was done in prospect of reclaiming to the Church those that were gone astray , by a surer way than that of Arms : that farther , he expected , that they would aid and assist him in that design , by the Reformation which he had demanded , and still did demand from the Council . Birague's Harangue contained onely the same things somewhat more amplified : and seeing the Legates knew what Birague was to say before they had heard him in the Council , they were prepared to make an answer to his Speech , by complements of condoleing , that the King had been in a manner forced to make Peace with the Huguenots . They farther added that they disapproved not what he had done , exhorting him nevertheless , that so soon as his Kingdom were in Peace , he would endeavour all he could to cure the wound that Heresie had made in his Territories . This answer was communicated to the Cardinal of Lorrain before it was given ; but he opposed it , objecting that the Council ought not to approve the Peace which the King had made with the Huguenots , seeing it was so prejudicial to the Church ; and that therefore they ought to take time to answer . This advice was taken , and the Legates made answer to Birague , that the matters which he had proposed were so weighty , that the Council desired time to give an answer to them ; but the French Ambassadours were extremely vexed with the Cardinal for this action . They were about to have written to the Court concerning it ; but because Lansac was speedily to return , they gave it him in Commission to make a report thereof to the King .

In the mean time the Congregations continued for Examining matters touching the Sacrament of Orders ; and the Prelates did not stick so closely to the point , but that many times they purposely flew out into digressions . In one of these Congregations the Bishop of Nimes discoursed freely enough against Annats , and against several abuses of the Court of Rome ; amongst the rest , against the Ordination of Priests , who were admitted without examination or capacity . In another Congregation , the Bishop of Cadix a Spaniard shew'd the needlesness of Titulary Bishops , whom he called figmenta humana , an invention of the Court of Rome , and what disorders these Bishops without Bishopricks caused in the exercise of the Discipline of the Church . But seeing all the abuses introduced by Papal Authority found instantly Protectors among the Italians , the Bishop of Sarzana a Tuscan rose up and defended the Cause of those Titular Bishops . Another Spaniard , Bishop of Lugo in Gallicia spoke against Dispensations , and affirmed , that it was not necessary to set Bounds to the Court of Rome as to that matter , and to declare the invalidity of those Dispensations , or rather that it is impossible to give Dispensations about most things that are so freely dispensed with . About this time Angelo Massarelo Bishop of Tilesio in Abruzzo , Clark of the Council , being grievously tormented with the Stone , resolved to be cut of it , and desisted from officiating in Person as Clark : and this removed one of the difficulties that have been mentioned ; which was , that the Ambassadours of France and Spain having made great instances that he should be assigned an Assistant for collecting the Acts , because they questioned his fidelity ; they gave him for a Substitute another Italian , the Bishop of Campagna in the Kingdom of Naples . The first business that he did as Clark , was to read the answer which was to be given to Birague , of which the Legates had presented a Draught to the Council . It was long and perplex'd , and it did not therein appear whether the Fathers commended or blamed the action of the King of France in making Peace with the Huguenots . The Prelates gave their Votes , and the dark and ambiguous strain that it was framed in , was cause of diversity of opinions . The Cardinal of Lorrain approved it not , which was a surprising matter , because Cardinal Morone having shew'd it him , he seemed to have been satisfied therewith . In sine , the matter was referred to the Legates , and the two Cardinals Madruccio and Lorrain , with power to frame that answer , as they should judge most convenient .

A Clashing betwixt the Cardinal of Lorrain and the Archbishop of Otranto . June the eleventh , the Legates had a solemn consultation for finding out Expedients to settle the differences about the question of the Divine Right of the Institution of Bishops . This gave the Cardinal of Lorrain , who was present at the Consultation , occasion to speak of the Authority of the Pope , a question that depends naturally on that of the Institution of Bishops . He touched by the bye the opinion of the French , that the Pope is Inferiour to a Council , declaring that it was not his desire that the Council should Pronounce in favour of that opinion ; but withall , he wished that they would not decide any thing to the contrary . The Archbishop of Otranto took him up sharply , and spoke bitterly not onely against that opinion , but against the Cardinal himself , even so far as to accuse him of being the cause of all the troubles which had arisen about that Subject , by proposing a project of decision that had given occasion to the debates . The matter went so far , that the Count de Luna told the Archbishop , who was a Subject of the King of Spain , that if his Catholick Majesty knew that he had fallen into that ill-timed passion , he would not take it well . A French Prelate hereupon gave the Legates advice not to call the Archbishop of Otranto any more to Consultations with the Cardinal of Lorrain , because the Cardinal was informed that the Archbishop spoke ill of him on all occasions , and spared not to call him a man full of Venome . Cardinal Morone gave no heed to that advice ; but answered that he had orders from the Pope to doe nothing without the Archbishop , that he had the disposal of forty Votes , and that therefore he must not be disobliged . The Cardinal of Lorrain was sufficiently vexed both with Cardinal Morone , and the Archbishop of Otranto ; but the design he had of getting into the Pope's favour obliged him to dissemble .

President Birague having stayed for the Councils Answer as long as became his character , went to wait on the Emperour at Inspruck , according as he was enjoined by his Commission . And his chief business was to confer with the Emperour about the means of transferring the Council unto a place where it might enjoy full liberty . The Queen of France had written of that to the King of Spain , who disliked the proposition ; but he wrote to the Count de Luna his Ambassadour , that according to the Instructions which he had given him , he should press the revocation of the Clause proponentibus legatis , for setting the Council at liberty .

The Count de Luna having declared his Commission to the Legates , they answered that the Clause had past with consent of the Council , and that it could not be revoked . At the same time the Pope was earnestly solicited at Rome , to dispense with that Clause , and , at length , to case himself of the trouble that was given him upon that account ; he wrote to Cardinal Morone that they should Supersede the execution of it ; but Morone , without consulting his Collegues , answered plainly , that he could not , and that he had rather his Holiness would recall them . In the Congregation of the fifteenth of June , the Prelates pitcht upon the fifteenth of July for the day of the next Session , and in the Congregation next day after , Another Discourse of General Lainez in favour of the Court of Rome . Lainez the General of the Jesuits speaking in his turn , undertook to censure and refute all that had been said by others against the Court of Rome . And he did it so vehemently and with so much zeal , as if he had been treating of matters whereupon the Salvation of mankind depended . He made an Apology for Dispensations , Annats , the Wealth of the Court of Rome , and for every thing that others called Abuses . He proved the Pope's Superiority over a Council , and advanced his Authority not onely over Bishops , but the whole Church , as far as could be imagined , in the same manner as he had done in his former Harangue . The French were disgusted at this discourse , nor were the Spaniards better satisfied : they were perswaded that the Legates had chosen him as their mouth to speak their thoughts ; for it was observed that they affected to show a particular respect for him . When he spoke they made him come out of his place , and sit in the middle of the Assembly , whereas the other Generals spoke standing , and kept themselves in their own places . Lainez was never tedious , though he had taken up the whole time of Congregations ; but the others were never short enough . This Jesuit sent his excuses to the Cardinal of Lorrain , and the French Prelates , pretending that he had not the least design of offending them ; but that he onely aimed at the Sorbonne Doctors , whose opinions were not agreeable to the sentiment of the Church . This excuse gave a new offence to the French , and particularly to the Divines . John de Verdun a Benedictine Monk , desired leave from the Cardinal to refute Lainez , nay even the Cordelier Hugonis , though bought by the Pope's Pension , offered himself to prove , that the proposition which Lainez had asserted , that the Tribunal of the Pope is the same as that of Jesus Christ , is an Impious and Scandalous Proposition . But the Cardinal of Lorrain who had his private views and interests , qualified the heat of their Zeal . All these Difficulties and Janglings arose upon the Points of Residence and the Institution of Bishops being of Divine Right ; and therefore the Legates to stop up the Spring of the Divisions , laboured incessantly to form a Decree concerning these matters , which by its Ambiguity and by clearing nothing at all , might give all content . They did the Jobb , and the Cardinal of Lorrain was satisfied with it ; but the Pope's Divines , and Pensionary Prelates who outdid the Legates in the matter of Zeal for the interests of the Court of Rome , found a thousand difficulties in it . The draught of it was sent to Rome , where they Judged , as the Canonists of Trent had done , that the Authority of the Pope over Bishops was not raised high enough ; insomuch that the diligence and pains of the Legates had no success at this time . About this time the Court of Rome was in no little perplexity , upon occasion of Maximilian lately Elected King of the Romans , who had no great kindness for that Court . He resolved to send Ambassadours to the Pope , to acquaint him with his Election , but he would not doe it in the form that some of his Predecessours had done , who had promised and sworn to the Pope whatever he pleased . He therefore desired to know what terms he should make use of . The matter was taken into deliberation , and the Cardinals concluded , that he ought to demand Confirmation from the Pope , and promise him all obedience , as they who had gone before him had done . He refused it , declaring that his Ambassadour should promise no more in his name , but all devotion , reverence and complaisance for his Holiness , and the Holy See . There were great Negotiations about this affair ; and at length it ended so , as that the Ambassadour neither demanded Confirmation , nor promised Obedience ; and yet the Pope in his Answer gave the Confirmation which was not required of him , and accepted the Obedience that was not offered . This was a Comedy that diverted no body , neither the Pope himself nor his Cardinals .

In the Congregation of the one and twentieth of June , the answer which was to be given to President Birague was read , and because he was not there , it was sent to him in writing . About the same time , the Council appointed Adamo Fumamo Assistant to the Bishop of Tilesio , who continued still ill of the Stone , in the Office of Clark of the Council . The following Congregations were spent in cavillings , about those questions so often canvas'd concerning Residence , and the Institution of Bishops . And indeed , it was all the talk in private Conversations ; but the Bishops began at length to be weary of it . The Spaniards made a great deal to doe about it , but most of the rest being cloy'd with such debates , were of opinion , that these Points should be laid aside . This opinion prevailed at length , but not without great opposition . There were likewise great disputes about a certain Article of Reformation , by which the more severe sort would have had a Decree to tie up the hands of those who had the right of Nomination to Bishopricks , and oblige them to chuse always the worthiest . The Ambassadours of Kings , and the Pope's Party opposed this , alledging , that it was too severe an imposition upon Princes , that it was sufficient that they conferred not Bishopricks but upon deserving persons , without obliging them to chuse always the worthiest ; and that it was not Just to deprive the Pope , and Kings of the Power of gratifying their faithfull Servants ; that it was enough that they did not abuse the Power which the Council left them , and never put into Bishopricks but deserving men . They farther alledged , that the Overture that was proposed , was absolutely impracticable : for these Reformers desired , that when a Bishoprick fell to be vacant , the Metropolitan should acquaint the Chapter with the name of him that was Nominated ; that his name should be published in all the Parish Churches of the Town , and affixt on the Doors ; and that afterward , the Metropolitan should goe to the Episcopal Town , and make a very strict inquiry into the Learning , Life , and Manners of him that had been Nominated , and that all who had any thing to object might be heard . Lainez the Jesuit among others represented , that this method would be found so difficult and perplexing , that it would be impossible to reduce it into practice . The Council found out an Expedient for this affair , as they did for all others , which we shall speak of hereafter . The Legates suffered also some Propositions to be made for the Reformation of the Cardinals ; for the Pope being informed of all that was talkt of at Trent , and in the Courts of Princes , thought it was his policy and interest not to appear averse from that Reformation . He brought it therefore under deliberation both at Trent and at Rome , whether that Reformation should be made at Rome , or in the Council . The Legates and Cardinals who were present , aswell as those who aspired to a Hat , brought matters so about , that this point was not medled with : so that it went no farther , and was no so much as proposed . The Pope had also some thoughts of having Bishops discharged from medling in the management of worldly affairs ; but Cardinal Simoneta represented to him , that the Church-men of France , and of other Countries would thereby sustain great prejudice , because they were employed in all the Offices of State . And thus all the Propositions of Reformation were stifled in the birth . The Emperour disgusted at this Conduct , and losing all hopes of procuring any benefit from the Council , The Emperour loses all hopes of obtaining any good of the Council , and leaves Inspruck . left Inspruck , and at parting wrote to the Cardinal of Lorrain , that expecting no good from that Assembly , he thought it better to suffer the present Calamities , than to occasion greater , by applying of Remedies that would not be taken . And now we have the Germans , aswell as the French , overcome and disheartned . There were none now but the Spaniards , who stood their ground a little ; for the Emperour wrote to his Ambassadours , that they should urge no more the Decision of the question about the Power of the Pope , because he well foresaw , that to speak of it would be the way to enlarge it ; and that must be avoided , for fear of alienating more and more the minds of the German Protestants . The Ambassadours acquainted the Legates with the Emperour's intentions ; and that came in very pat to confirm the opinion of the Cardinal of Lorrain , who was clearly of the mind , that they should speak no more of the Institution of Bishops , and of the Authority of the Pope .

The last Debates about the Decrees of the Residence and Institution of Bishops . And the last Point is wholly laid aside . The Legates , at length , that they might essay to put an end to these long Debates , resolved to hold private Assemblies , into which all the most considerable Members of the Council should be admitted , to the end that matters being adjusted and resolved upon by the leading men , they might be carried without noise and difficulty in the General Congregations . In these Assemblies the Legates proposed the Decrees that were framed for the Reformation of Abuses . The first ordained that the Metropolitan should examine those who were nominated to Bishopricks , that so none but the more deserving should be admitted ; but the Ambassadours started Objections again , grounded on the Interests of Princes from whom the Right of Nomination to Bishopricks was taken , by giving Power to Metropolitans to thwart these Nominations under Pretext of the unworthiness of those who were nominated . After much Contest , it was agreed that that Article should be left for the following Session . The like was done with the last Article which contained a Confession of Faith , and the Form of an Oath . In that Oath were contained all the Doctrines and Articles of Faith , which distinguish the Roman Catholick Belief from that of the Protestants ; such as are the Superiority of the Pope , the Authority of Councils , the Truth of Traditions , the Number of Seven Sacraments , the Real Presence , Transubstantiation , and the Sacrifice of the Mass . It was not onely projected that all who should be received into Ecclesiastick Dignities should swear that they believed all those things , but likewise that Princes should admit of no man to any Office whatsoever , till first they took that Oath , and swore to that Confession . Having resolved to lay that Article aside till another time , they framed the Decree about Residence , leaving out all that might displease those who held it to be of Divine Right , and the others who affirmed it onely of Positive Constitution . The Cardinal of Lorrain upon this occasion did the Pope great Service . He had not long before received a very obliging Letter from him ; and the Pope had invited him to come to Rome , that he might confer with him , which the Cardinal had in a manner promised to doe . But he durst not absolutely declare himself , before he was informed what the Court of France thought of that Journey . He did therefore all he could to dispatch business , that so the next Session might be held on the prefixed day ; and that the Council proceeding apace , he might make his Journey to Rome , see a speedy Conclusion of the Council , and then return to France . This being his aim , he drove at Expedition , and was the Cause of stiffing a great Process , which was occasioned by a matter of very small importance . And that was in relation to the Functions of the Inferiour Orders from the Deacon even to the Porter , about which the Divines kept a great Clutter . The Custome had been for a long time discontinued , of having consecrated Persons to perform the Functions of these Lower Orders , as shutting Doors , lighting Candles , ringing Bells , and even Reading ; these Offices being discharged by Laicks Now the Council thought it necessary to restore the Order , and to cause those Functions to be performed by Consecrated Persons according to the Ceremonies of the Roman Pontifical : and that with design to silence Libertines , who maintained that these Offices were not Sacraments . But when the Bishops were about to come to a Conclusion , and to frame the Decree , they were stopt by a difficulty , which is obvious to any man ; for they who were not of opinion that these Functions should be restored to those who had received Orders , asked what Necessity there was of a Spiritual Character , for performing of Actions merely Corporeal , as shutting of Doors and ringing of Bells . The Cardinal of Lorrain gave his opinion that that matter should be left to the Disposal of the Bishops ; which prevailed . All were now for condescending that they might come to an end : Nevertheless the Spaniards held out still , and persisted to have Residence declared to be of Divine Right , as well as the Institution of Bishops . The Cardinal of Lorrain brought over several , but a great many resisted his Solicitations . On the other hand the Archbishop of Otranto and his Adherents , who were afraid of the least shadow that might entrench upon the Authority of the Pope , would not consent to the Decree , that the Legates had drawn up concerning Residence ; because it said , that all who have care of Souls ; are obliged by the Command of God to look to their Flocks . They said , that it was impossible to look to their Flocks without residing . If one be obliged to look to his Flock by the Command of God , he is by Consequence obliged by the Command of God to reside , and so Residence must be of Divine Right . Nor would they approve of the sixth Canon , which faith that the Hierarchy hath been established by Divine Ordinance . They were afraid that it might from thence be concluded , that all the Orders of that Hierarchy are of Divine and not Papal Institution . They said , that by that means Episcopacy was declared to be of Divine Right . These Minutes had been an hundred times over consulted at Rome , the Legates approved of them , since they had framed them ; the Pope's Canonists and Divines were very well satisfied with them ; but all that was nothing , they would needs be more zealous for the Pope , than the Pope was for himself . Nevertheless in spight of the opposition of that Archbishop on the one hand , and of the Archbishop of Granada , and Bishop of Segovia on the other , the Assembly went on , and concluded that the Decrees must pass in that form . And now the Consultations being ended , and the Decrees framed , the General Congregations were begun again the ninth of July , for reading and examining the Decrees . The Spaniards would not yield yet . They made a noise in the Congregation and said that they were abus'd , since that now after so long delaying to form the Chapter of the Institution of Bishops ; there was no notice at all taken of it . They renewed their instances to have it declared to be of Divine Right , and made the same Complaints and Demands about the Article of Residence : But at length the Count de Luna dashed their Constancy ; for he called them together several times at his house , and after many Skirmishes he obtained of the Archbishop of Granada , the Bishop of Segovia and the rest of the most forward Prelates , that they would be satisfied to deliver their opinions without Passion and insisting in their Oppositions . And so on the fourteenth of July , which was the Eve of the Session , the Legates held the last General Congregation , wherein a hundred fourscore and twelve gave their Vote for holding the Session next day , and onely twenty eight were against it . The Presidents obliged the Spaniards to be silent , promising the Count de Luna that so soon as they had defined the Power of the Pope , according as it was done by the Council of Florence , they should make no more Difficulty to declare the Institution of Bishops to be of Divine Right .

The twenty third Session the fifteenth of July . At length the fifteenth of July came , on which was held that Session , which had been so many times prorogued , and the Decrees whereof were so impatiently expected . The matter of Doctrine was digested into four Chapters , and eight Canons with Anathema's . In them the Council declared , that Orders are a Sacrament ; that there is a visible Sacrifice under the Gospel , for offering up of the very body and very bloud of our Lord ; that there are greater and lesser Orders , by which one mounts as by steps to a greater Order , which is that of Priesthood ; that Orders do imprint a Character , and confer the Holy Ghost ; that Unction is necessary in the Sacrament ; that the Hierarchy is of Divine Institution ; that Bishops are superiour to Priests ; that the Consent either of the People , or of the Magistrate , is not necessary to render valid the Ordination of Priests and Bishops ; and that Bishops made and promoted by the Pope are true Bishops .

After that , they read eighteen Chapters of Reformation : the first concerned Residence , which had caused so much Debate . That Decree declares that every Pastor is obliged by the Command of God to look to , and feed his Flock . It prohibits long absence under great Penalties , but it makes no reckoning of an absence that does not last above three Months . It somewhat aggravates the Penalties that were imposed in the sixth Session of the first Convocation of the Council , which was held under Paul III. and to say the truth , it is not easie to judge of what advantage this new Decree is for Residence , since it adds little or nothing to the former . Nay more , a Clause was inserted into this , which rendered it altogether useless , unless the Service and Benefit of the Church , or State require it ; for what Bishop is there who neglects Residence , that will not say that he designs the good of the Church or State ? The rest of the Chapters of this Decree contain nothing that is considerable : onely some regulations about the Collation of Orders , and the Functions of these Orders , that no undeserving Person be received into them , and that those who are received , doe their Duty . The last appoints Seminaries for breeding of those who are design'd to the Priesthood in every Diocess . Matters were carried on very calmly , because all the Prelates were prevailed with to keep silence . The Spaniards had a Quarrel with the Cardinal of Lorrain for that , and complained highly of him , that he had abandoned them in the Point of Residence , after that he had many times promised them to bestir himself vigorously for having it declared to be of Divine Right ; but the Legates could not sufficiently commend him .

All Europe was in great expectation of this Session , which had been the business of ten whole Months , and which was more , of two or three hundred Prelates and Divines . Never were People more surprised , than when they saw the little effects of so much pains ; for they found nothing in the Decrees , but what a single man of sense might have easily gone through within a few weeks : and that rejoiced the Protestants ; who pickt matter enough for their Sermons out of the Contradictions , and weak passages that they found in those Decisions . Especially Vergerio , a Minister in the Valtoline in the Countrey of the Grisons , heretofore Nuncio for the Pope in Germany , applied all his might to lay open the faults which he pretended the Council had committed . And he failed not to expose to the Eyes of his People the Debates and Clashings of the Bishops , which he charged upon them as a great Scandal . He wrote of them also to the Protestant Ministers on all hands , because being near to Trent , he was able to inform those who lived at a greater Distance . The Pope and Cardinal Morone did all they could to rid themselves of that man , and to terrifie him at least , that he might be gone somewhat farther off , attempts were even made against his life ; but for all that he could not be made to forsake his Post .

The Legates seek out means of concluding the Council speedily ; and the Count de Luna opposes it . So soon as the Session was over , the Legates who greatly desired to see an end of the Council , proposed means for the speedy Expedition of the matters that remained to be examined : which were the Points of Indulgences , Invocation of Saints , Images and Purgatory ; for as to the matter of Marriage , it had been sufficiently examined in the Congregations of Divines . The Legates chose onely ten Divines , to wit , two Generals of Orders , two of the Pope's Divines , two French , two Spanish , and two Portuguese , to whom they gave Commission to consult amongst themselves how the opinions of Protestants concerning these Controversies might briefly be confuted : telling them that so soon as they had digested their opinions they should be proposed in a General Congregation , to be formed into Canons . At the same time that the Decrees about Marriage were framing , the Legates summ'd up the Articles which related to Reformation , and got the Ambassadours to consent , that they should set about the compiling of those also which concerned the Reformation of Princes ; for it was their Intention to dispatch all that remained in one Session more . But this design was opposed ; for the Count de Luna did not think that that suted with the Interests of his Master , or the good of Christendom . He told them that it was not convenient to precipitate in Affairs , but that time should be taken to work upon the Protestants , that they might be brought to come and submit to the Council : that his Holiness , indeed , had had the goodness to send Nuncio's to them ; but that they ought not to rest there , seeing it was to no purpose to have called a Council , if the Lutherans received not its Decrees ; in a word , that they ought to be invited to come , no more in name of the Pope for whom they had an Aversion , but in name of the Council , which was not so hatefull to them . He therefore demanded that the Divines might be heard publickly about the matter of Indulgences , and what other Points remained to be handled ; and that they should be examined in the same manner , and with as much leisure , as the rest had been before . The Pope whom one could not disoblige more , than by hindring the Conclusion of the Council , complained to the Spanish Ambassadour at Rome , of the Conduct of the Count de Luna , and wrote about it to the King of Spain himself . He took it extremely ill that he should have mentioned the inviting of the Protestants again , considering with what an outrageous Contempt they had received the Invitations and Civilities that had been already offered them . Nor was he at all satisfied that the Ambassadour should have attempted to Prescribe to the Legates the manner how they ought to handle matters ; but the thing that most of all vexed him , was the design of retarding the Conclusion of the Council , to which all these Propositions tended . But for all the Chafe the Pope was in , the Count bestirred himself to make a Party at Trent ; for there were a great many of the mind that the Controversies which the Legates intended to huddle up and decide without examination were of as much or more importance , than those which had cost so much labour and pains . The Cardinal of Lorrain was altogether now for the ways of quickest Dispatch ; and therefore he concurred in opinion with the Legates , especially since he formed a design of going to Rome as the Pope had invited him . He had received Letters from France , where in he was advised to comply with the Pope's desire , and give him that satisfaction . So that being ready for his Journey , he onely expected the sitting of the next Session that he might be gone .

They set about forming the Decrees and Canons concerning the Matter of Marriage , against the next Session . In the Congregation of the two and twentieth of July , the Legates produced the Canons concerning the matter of Marriage , much in the same form as they stand in at present . There was no Difficulty about Marriage , and the single life of Priests . The Emperour , King of France , and Duke of Bavaria had , indeed , desired that Priests might be allowed to marry ; but when the Bishop of the five Churches the Emperour's Ambassadour , and the Archbishop of Prague , moved the Council to make some more reflexion upon that Point , they were scarcely heard . Nevertheless the Pope had but very lately before given fresh Promises to the Duke of Bavaria , to give him satisfaction as to that matter ; because the People of his Countrey had made an Insurrection that they might obtain from their Prince the Restitution of the Cup , and Permission for married men to Preach . The greatest Debates were about Clandestine Marriages . The French Ambassadours demanded that they should be declared null. An hundred and thirty fix Votes were for it , fifty six opposed it , and ten would not declare for either side . At length the Prelates agreed to Reform the Canon in the manner as now it goes , that is , that Clandestine Marriages are true Marriages , and real Sacraments , whilst the Church does not annull them ; that the Church hath always detested them , and for the future declares , that all who are Married or Betrothed without the presence of two or three Witnesses at least , are incapable of contracting , and that by Consequence the Marriage shall be null . In the same Congregation the Canons and Anathema's were read ; the fifth of which Canons pronounces Anathema against those who maintain the Divorces which are permitted by the Code of Justinian to be lawfull ; that is to say , such as are made upon the account of Heresie , and refusal of Cohabitation . The Cardinal of Lorrain got this Canon added , to give a blow to the Calvinists , who teach that the refusal of Cohabitation is a lawfull reason for a man to divorce from his Wife . The seventh Canon condemns those who assert , that Adultery dissolves Marriage . At first it was proposed without Anathema , out of some respect that still remained for the opinion of St. Ambrose and the Greek Fathers ; but notwithstanding that Consideration , it was thought fit to add the Anathema . In the following Congregations there was much Discourse about the Obstacles of contracting Marriage , which spring from the Prohibition of marrying within certain remote Degrees , not onely of natural , but spiritual kindred , such as Gossipships , or the Relations betwixt Godfathers and Godmothers . It was represented that in some places twenty Godfathers and as many Godmothers were sometimes invited , and that it many times happens that such not knowing one another for Godfathers and Godmothers , marry together without Dispensation , and run into the Guilt of Sin . Others said upon occasion of the Prohibition of Marriage within remote Degrees , that People have not always by them Books of Genealogy , so that having forgot their distant Kindred , they marry within the Degrees , and engage themselves into bonds , which by the Laws of the Church , are unlawfull . They therefore demanded that all these Prohibitions might be abolished , or at least that Bishops might have Power to dispense with them , that so People might not be put to the trouble of writing or sending to the Court of Rome about matters of so small importance . The Council had no great regard to these Remonstrances , onely prohibited the multiplying of Godfathers and Godmothers . But the Sticklers for the Court of Rome , would not yield an Inch in Relation to Prohibited Degrees , lest such Condescension might be looked upon by the Lutherans , as a gaining of the Cause , and might diminish the Revenues of the Pope . And , indeed , it may be said that they made the Yoke of Dispensations heavier , for it was ordained that no more Dispensations should be granted in Prohibited Degrees , how remote soever they might be , unless very pressing reasons required the contrary .

The Legates propose the Decree of the Reformation of Princes . The Ambassadours oppose it . This being done the Legates were obliged to propose the Articles of Reformation . They offered thirty eight of them , which related both to the Abuses committed by Princes in invading the Rights of the Church , and the several Abuses that were crept into the Clergy . The Cardinal of Lorrain who made it all his business to please the Pope , and hasten the Conclusion of the Council , advised the Legates to cut off the most part of these Articles , and especially those that might meet with greatest Difficulty . This Overture surprised the Cardinal of Warmia ; he could not conceive what was become of that great Zeal which the Cardinal of Lorrain in the beginning pretended for Reformation . The Cardinal who perceived his Surprise , told him , that he ought not to look upon his Condescension as strange , that he still retained the same Zeal , and the same Intentions ; but that he had learnt by Experience , that nothing was to be expected from the Council concerning Reformation . These Articles were communicated to the Ambassadours of Princes , and all of them made their several additions and observations according to the interests of the Masters . Most of the Ambassadours observations tended to the curbing of the Pope's Authority , and putting a stop to the Attempts upon the Ordinaries ; others drove at the lessening the Authority of Bishops , and opposing the Encroachment of the Clergy upon the Civil Jurisdiction . The observations of the French Ambassadours were the highest of all ; for they demanded that the number of Cardinals should not exceed twenty four ; that the Nephews of the Pope in being , or of a Cardinal should not be promoted to a Hat ; that Cardinals should not possess Bishopricks ; that all Pretexts of holding several Benefices should be taken away ; that Criminal Causes of Bishops should not be judged out of the Kingdom ; that Bishops should have Power to absolve in all Cases ; that Preventions , Resignations in favour , Mandates or Mandamus's , Reversions , and all other unlawfull ways of obtaining Benefices should be abolished ; that Churchmen should meddle no more in Secular Affairs ; and that nothing should be done to the prejudice of the Laws of France , and Liberties of the Gallican Church . But all the Ambassadours agreed to demand a forbearance of handling the Articles of the Reformation of Princes untill another Session .

The Legates having gathered together all these observations assembled themselves with the two Cardinals Madruccio and Lorrain , to consult what they should doe about them . The Cardinal of Lorrain was still of opinion that all such Articles as might occasion Debate should be left out , and particularly such as were like to be opposed by the Ambassadours . The Legates sent to Rome the Articles which they had proposed to the Council , with the Observations of the Ambassadours : and whilst they waited for an answer , on the Eleventh of August they began the Congregations for finishing and completing the Canons of Marriage . The matter of Marriage is pitcht upon . In these Conferences fresh Debates arose about Clandestine Marriages . The French demanded that all Marriages of Children in the Family contracted without the Consent of their Parents should be declared null. The Cardinal of Lorrain seconded that Demand , and shew'd the Justice of it by many reasons , and Authorities . But the Archbishop of Otranto , who was always opposite to the Cardinal of Lorrain withstood it , alledging that it was to give Lay-men Power over Sacraments though most of those who spoke in this Congregation were of opinion that the whole matter should be laid aside . About the end of the Congregation the Ambassadours of Venice came in , and represented that the Kingdoms of Cyprus and Candia , with the Islands of Zante , Corfeu and Cephalonia were under the Dominion of their Republick , and that it was the Custome of the People of those Countries who were of the Greek Church , to repudiate their Wives when they were guilty of Adultery ; they therefore prayed the Council so to frame their Decree , that it might do no prejudice to the Custome of those People . In the following Congregation the Demand of the Venetians was taken into Consideration ; and many thought it reasonable , especially because the Greeks had not been cited , and that it was not just to condemn People without being heard . Others thought that the Greeks were sufficiently cited by the Publication and General Convocation of the Council . But the Party that favoured the Venetians Demand grew stronger by the Conjunction of those who could not digest the Anathematising of the opinion , That Adultery dissolves a former , and gives the innocent party Power to contract a new Marriage , because it had been the opinion of St. Ambrose , and the Greeks Fathers . The Council therefore found out a mean , they did not pronounce Anathema against those who say , that Adultery dissolves Marriage ; but against those who say that the Church errs in affirming , That Adultery dissolves not Marriage . This was found afterwards to be a pretty pleasant distinction .

The Council then returned to the Demand of the French about Clandestine Marriages , and this head was as warmly disputed , as if nothing had been as yet said to it . Cardinal Madruccio , and two Legates the Cardinals of Warmia and Simoneta held that they could not be annulled , and seemed as if they intended to oppose any resolution to the contrary . Lainez General of the Jesuits scattered abroad Copies of a Writing that maintained the Validity of these Clandestine Marriages , and proved that they could not be annulled : This Debate took up several Congregations ; and to encrease the Difficulty , the Bishop of Sulmona maintained that it was a matter of Doctrine , because the question was about the Nature of Clandestine Marriages , to know whether they be Sacraments : and that the Authority of the Church was likewise concerned in it , to wit , whether she have Power to rescind Marriages , and annull a Sacrament , and that by Consequence that Point could not be handled amongst the Chapters of Reformation . His design was to put the French to new straits , because , as it hath been observed before , many more Votes are required for forming a Decree about Doctrine , than making a Decision concerning Reformation . Others opposed this opinion of the Bishop of Sulmona and that not without Passion , saying that the Power of the Church ought never to be brought into question ; but that it ought always to be supposed ; and that opinion carried it , so that it was concluded that that Chapter should remain amongst the Articles of Reformation . Opinions varying , and each Party maintaining their Sentiments with heats , Francis de Beaucaire Bishop of Mets had the honour of finding a form of a Decree , which satisfied the different Parties : And that was it which is in force at present . All were almost content with it , because it is ambiguous , and every one finds his Sentiment therein ; for it Anathematises those who say , that Clandestine Marriages are not true Sacraments ; and yet it prohibits such , affirming that the Church hath always detested them . An hundred thirty and five Votes were for the opinion of the Bishop of Mets , and fifty six against it .

About this time the Council was in some trouble , by reason that the King of Spain declared that he had a design of setling the Inquisition in the State of Milan . This news allarmed all the Prelates of Lombardy , and Naples also , who concluded that if the Inquisition were once established in the Milanese , without doubt it would likewise be introduced into Naples . The City of Milan sent Deputies to the Pope , to the King of Spain , and to the Council for preventing of that blow . The Envoys declared , that many of the chief Citizens were ready to leave the Countrey ; because they knew very well that the Design of the Spanish Inquisition is not always the Preservation of the Faith ; but that its chief Aim is to drain those that are rich , and hath no other prospect for most part but worldly advantage . This put the Council to some trouble , because of the great number of People concerned . The Duke of Sessa Governour of Milan , finding so great opposition , and having had some Information , that the Milanese hatched a design of doeing what the People of the Low Countries had done , who turned Protestants to avoid the Inquisition , abandoned the Enterprise .

In the mean time , the Pope to whom the Observations , and Additions which the Ambassadours had made as to the thirty eight Articles of Reformation proposed by the Legates , were sent , found them not at all to his mind . He perceived amongst them Demands that were grievous both to himself and his Court , and that made him more ardently desire that a Period might be put to the Council , which obliged him to write to his Nuncio's that resided in the Courts of Europe , that they would press the Princes to assist him in bringing of it to a Conclusion . He wrote also to the Legates that by any means they should make an end , and that in order thereunto they should grant every thing that they could not refuse . But the Count de Luna stood always in the way , and used endeavours to cross that speedy Conclusion ; he backt the Spaniards and Italians who were scandalized that Assemblies were so often kept at the Houses of the Legates , where none were admitted but Cardinals , the Archbishop of Otranto , and some Favorites : but that hindered not the Legates from keeping such Assemblies still . Of the thirty eight articles of Reformation , they had already left out six , at the desire of the Ambassadours ; and moreover , the Emperour's Ambassadours by new Orders from their Master , and being seconded by the Count de Luna made fresh instances , that the Reformation of Princes should not be proposed that Session , which at length was granted ; so that the Articles were reduced to twenty one . And Cardinal Simoneta and the Pope's Adherents took all the pains they could to shape them into such a form as might not in the least encroach upon the Authority of the Pope , and yet give some satisfaction to those who so urgently demanded Reformation .

The Legates are willing to satisfie the Bishops by passing the Decree of the Reformation of Princes : but that causes great noise . The chief Design of the Legates was to please the Bishops , because without them there was no concluding of the Council . The principal Aim of the Bishops , was to enlarge their Power , and for accomplishing of that design they demanded three things . First , that they should have the absolute Collation of all Benefices that had Cure of Souls , that so the Curats might depend on them . Secondly , that the Council would abolish all the Exemptions of Chapters , of privileged Churches , and of Monks or Regulars , who by certain Privileges obtained from the Court of Rome , had found a way to decline the Power of their Bishops : And thirdly , that all those hinderances might be removed , which Princes and Secular Magistrates bring to Ecclesiastick Jurisdiction , calling that an invasion of Princes , when they strive what they can to hinder the Clergy from challenging and taking to themselves the Trials of civil Causes , and temporal Jurisdiction . The Legates were very well disposed to satisfie the Bishops as to the third Point of their Demand , because none but Princes must pay for that , whose interest they did not at all consider . And therefore in the Articles which they proposed , they failed not to insert every thing that could contribute to the retrieving of the Jurisdiction of Bishops to the same State that the Invasions of the Clergy had formerly brought it to . And upon these three heads chiefly the Articles of Reformation run , for the satisfaction of the Bishops . But as to the second Point which concerns the Exemptions of the Regulars or Monks , the Legates had no mind to comply too much with the Bishops , because that could not be done without Diminution of the Authority and Profits of the Court of Rome , of which all the Monks hold immediately : And if the Bishops made instances on their side for obtaining that Demand , the Generals of Orders who were present in the Council , on the other hand , vehemently opposed it . The Legates had appointed a particular Congregation for the Reformation of Monks , and in that Congregation divers good Regulations were made , to which the Generals of Orders had submitted , because that Monks are pretty well satisfied , that the Rules to which they are oblig'd should be severe and hard , that being the thing that appears outwardly to the World , and which gains them a great Reputation of Sanctity and Austerity . But , after all , since they are the Masters of the Monasteries within doors , and of the manner how these Rules are observed , the Severity of Orders incommodes them no more than they please themselves . But for the matter of Exemptions , they would by no means have that medled with . They liked it much better to depend on a Master that lived at a distance , who could not watch over their Conduct , than on a Bishop who would always have his Eyes upon them . Nevertheless the reason that they alledged for their refusal was the remisness and relaxation that Bishops allowed themselves in their Conduct and Conversation , and franckly said , that when Prelates were Masters of Monasteries , Bishops lived under a far more severe Discipline , than they did at present ; and that times were changed . The Ambassadours also favoured the Monks for the interest sake of Princes , who desire not that Bishops should have too much power , because they many times abuse it .

Martin Royas Pontal Rouge Ambassadour from the Great Master and Knights of Malta , was received in Congregation the seventh of September . Seeing every one minded their Interests , his chief demand was , that the Council would Ordain , that the Possessions and Commendaries , which had been taken from them should be restored . The Legates acquainted the Pope with the demand of the Ambassadours of Malta , and the Pope answered , that it was the business of the Council , who ought not to neglect it . In that , and the following Congregations the Articles of Reformation were again treated of , which had been so many times altered and corrected by the Legates ; and they afforded no important Debates . The third Article regarded the Authority of Metropolitans or Archbishops . Those of that Character and such of them as were present , were for having the Ancient Canons reestablished , according to which , Bishops were subject to visitation , correction , and to the Government of Metropolitans , as Curates are subject to the Bishops . Particularly Giovanni Trevisano Patriarch of Venice was mightily for the restitution of those privileges ; but the Archbishops were not strong enough to gain their Cause . The Bishops who were far the Sedition of the Bishops ; they were forced to propose in Congregation the Decree of the Reformation of Princes , which was sometime before laid aside , and referred to another Session . Abstract of the Decree of the Reformation of Princes . It will not be amiss to give an Abstract of it , that it may appear what the temper of the Bishops was , and how far the Clergy would have carried on their Usurpations upon the Temporal Right of Princes and Magistrates . That Decree contained a Preface , thirteen Chapters and a Conclusion . The Preface mentioned , that the Council had a design to prevent the enterprises of Seculars upon the Immunities of the Church , and that for that end it revived the Decrees and Holy Canons which were to be observed under pain of Anathema . It ordained then , that the persons of Churchmen should not be Judged by a Secular Court , upon any pretext whatsoever , though they should even consent to it ; that Secular Judges should not offer to meddle with Matrimonial Causes , Causes of Heresie , Tithes , Rights of Patronage , Benefices , nor with other Causes wherein any thing of the Spirituality is concerned , whether they be Civil or Criminal ; that Secular Princes cannot Establish Judges in Ecclesiastick affairs ; that Secular Magistrates must not prohibit an Ecclesiastick Judge to proceed against any by Excommunication ; that neither Emperour , Kings , nor Princes can make any Edicts or Ordinances concerning the Affairs , Goods and Possessions of Churchmen ; that Churchmen should be maintained in their Temporal Right of high , middle , and low Jurisdiction ; that Ecclesasticks should not be obliged to pay any Taxes , Imposts , Tenths or Subsidies ; that Princes and Magistrates should not have Power to quarter their Officers , Soldiers or Horses , in the Houses of Churchmen . There were a great many more Articles of the same force , and that tended to the same end . So the Clergy shook off the lawfull Yoke of Obedience which they owed to their Sovereigns , and erected to themselves within their States , a temporal Jurisdiction over Christians , parallel to that of Kings , and wholly independent of their Authority . The Conclusion contained an earnest Exhortation to the Observation of these Decrees under the pain of Anathema . This was the Piece against which the Ambassadours of France had orders to protest , if they intended to pass it , which they failed not to doe . The Emperour wrote also to Cardinal Morone , that he would never suffer , neither as Emperour nor Archduke , that the Council should offer to make such a Reformation to the prejudice of the Jurisdiction of Princes . But the Conduct of the French upon that occasion was much more vigorous . In the Congregation of the two and twentieth of November , they had the patience to hear a long Harangue , wherein one of the Prelates strove to prove , that the disorders of the Church proceeded from Princes , and that Care must be taken to reform them ; Du Ferrier protests against that Decree , and makes a Speech that cuts the Prelates to the quick . that since the Acts concerning that were ready , there was no more to be done but to produce them . The President Du Ferrier started up , and made his Protestation by word of mouth , in a long and witty discourse , delivered briskly in words that cut to the heart . He laughed at all the petty Reformations which the Council had made for the Clergy , made a Comparison betwixt the Canons of the Council , and the Ancient Canons of the Discipline of the Primitive Church ; wherein it was not permitted to Bishops to be absent from their Flocks three months of the year , as the present Council allowed : wherein Beneficiaries had not the liberty , which the Council granted , to dispose of the Revenues of their Benefices to the prejudice of the Poor , to whom properly they belong . And so went over all the Abuses , authorised by the Council of Trent , comparing them with the Severity of the Ancient Discipline . He alledged that the Reformation of Princes which was proposed , tended directly to the Ruine of the Liberties of the Gallican Church ; but that the King knew very well how to maintain them , that he would make use of his Right in laying hold on the goods of the Church when his occasions did require it : that it was an intolerable Attempt to excommunicate Kings , even without a hearing , as that Decree ordained ; that they should concern themselves with spiritual matters , and not with the Affairs of Princes , with which they had nothing to doe ; that the Kings of France had made Ordinances in Ecclesiastick matters , and that the Church of France had been governed according to its Laws , above four hundred years before the Compilation of the Decretals ; that Kings held their Power onely of God , and that it belongs not to Churchmen to reform them : that if they had a mind to reform Princes , they should first think of reforming themselves , and become like St. Ambrose , St. Austin and St. Chrysostome , and that that would be the way to make Princes imitate the Examples of the Theodosius's , of Honorius , Arcadius , and the Valentinians . This Harangue put the Council out of all patience , and even the French Prelates themselves : there arose a murmuring and confused Noise amongst them , which was like to have broken out into some scandalous Transport , had not the Legates to prevent it dismissed the Assembly . The Bishops spoke all the Evil they could devise against his Speech , to make it pass for Heretical : and Nicolas Pelue Archbishop of Sens , and Jerome de la Souchieres Abbot of Clervaux , had big words with Du Ferrier about it . They reported every where that that Protestation was made without Orders from the King , that Du Ferrier was a Creature of the King of Navarre , that he was suspected of Heresie , and that he ought to be put into the Inquisition . Others had scraped together some Notes of that Harangue ; but because Du Ferrier found them false , he published it himself , and sent a copy of it to the Cardinal of Lorrain , with a Letter wherein he told him that he could not abandon the Royal Authority , which for the space of four hundred years had been attempted upon by the Court of Rome ; that as a Frenchman and a Member of Parliament , he was obliged to assert the Rights of his King , and the opinions of his Faculty : And that it was not just , that the Council , made up of the slaves of the Court of Rome , should be Judge in its own Cause . So soon as Du Ferrier's Speech appeared in publick , the Council caused it to be refuted by a nameless Authour . Du Ferrier made his defence , and instead of recanting , he confirmed all that he had said , or written . These Writings encreased the Provocation , and the Bishops revenged themselves by reviling , not so much the Ambassadours , as the Court of France . They accused the Queen Mother of openly favouring the Hereticks . They affirmed that she was governed by the Chatillons who were declared Hereticks , by the Chancellour de l'Hopital , and the Bishop of Valence who were suspected of Heresie . After that Protestation the Ambassadours of France , The French Ambassadours goe to Venice . having staid a Fourtnight longer at Trent , retired to Venice , according to the Orders they had from Court. Before they went away they declared to the few French Prelates that remained , that it was the King's Intention they should oppose the fifth and sixth Articles of Reformation , which were proposed ; because these Articles drew the Causes and Persons of Bishops out of the Kingdom ; whereas according to the Liberties of the Gallican Church , the Members of the Clergy ought to be judged primâ instantiâ upon the place , and by their immediate Superiours .

When the news of the French Ambassadour's Protestation came to Rome , it caused great heart-burnings in the Pope's Court. No man was so much afflicted as the Cardinal of Lorrain , because it was an unlucky accident that brought great Prejudice to the Negotiation that he was a managing with the Pope for the Grandeur of himself and Family . He pacified the Pope the best he could , blaming the Ambassadours , and promising to write to the King that he might procure reparation of that Scandal . He did , indeed , write , and in such terms as well discovered that he had sacrificed the Interests of his King , and the opinions of his Countrey , to the design of pleasing the Pope , whom he would engage in his private concerns . The Pope wrote also to Trent , that they should still goe on , and that if the French Ambassadours had a mind to be gone , they should not hinder them , but withall , give them no occasion of withdrawing ; that after all , they should prepare to hold the Session immediately upon the return of the Cardinal of Lorrain , and put an end to the Council ; that now he had got the better of the Germans and French , and that none but the Spaniards remained to be overcome .

The truth is , the Count de Luna , not onely crossed the Pope's design of shortning the Council , but also made it his business to obtain an Alteration of the Clause proponentibus legatis . He continually charged a fresh , and never left off soliciting Cardinal Morone even amidst the troubles that were occasioned by the Protestation of the French , till , at length , the Cardinal was fain to promise that they should endeavour to give him satisfaction in the ensuing Session ; what this satisfaction was we shall see hereafter . The Legates being pressed by the Bishops , who were not baulked by the Protestation of the French Ambassadours , proposed again the Decree of the Reformation of Princes : but all the other Ambassadours opposed it , so that the Council was obliged to refer it to the following Session .

The Pope being incensed at the Protestation of the French Ambassadours had a mind to be revenged upon the faction , from which he thought it came . He therefore resolved to pursue the affair that had been commenced against the five French Bishops , The Pope has a mind to proceed against five French Bishops suspected of Heresie , and against the Queen of Navarre . The King of France opposeth it . whom he had caused to be cited before the Tribunal of the Inquisition . He was likewise for continuing the Procedures against the Queen of Navarre : and therefore on the thirteenth of October he caused Sentence to be published against the five Bishops , and a severe Monitory affixed on publick places against Jean Queen of Navarre , the Widow of Anthony of Bourbon , for depriving her of her Dignities , States and Dominions . The Cardinal of Lorrain told the Pope , that these Procedures were absolutely contrary to the Maxims of France , the Liberties of the Gallican Church , and that therefore the King would take it ill that he had proceeded to sentence against Bishops primâ instantiâ , and far worse , that he deprived a Queen and his Allye of her Dominions ; but the Cardinal represented this faintly and onely for fashion , that he might not be accused of combining with the Court of Rome in so evident an Invasion of the Liberties of the Gallican Church . As the Cardinal had no design to perswade , so neither did he perswade , and they proceeded notwithstanding his Remonstrances . But the King of France employed more prevalent Instruments ; for the Sieur d'Oysel the French Ambassadour at Rome by Orders from his Master spoke to the Pope about those two affairs with a great deal of resolution . He told him , that the King would never suffer , that contrary to the Prerogatives of the Majesty of Kings , he should proceed to the spoiling and excommunicating a Widow-Queen , whose Husband was killed in the Wars against the Huguenots , who was his Allye , and who had most of her Lands in France ; that if he went on any farther , the King his Master would take the Course his Ancestours had done . And as to the business of the five Bishops , that the way of proceeding against them was absolutely repugnant to the Customs of France , which suffer not that Bishops should be judged any where but upon the place , and by their immediate Superiours . D'Oysel succeeded so well in his Negotiation , that he obtained the Pope's word that there should be no more talk , neither of the Queen of Navarre , nor of the five Bishops . The Cardinal of Lorrain got no great Satisfaction by his writing to the King about Du Ferrier's Speech , and the Protestation of the Ambassadours ; for the Court of France approved the Conduct of the Ambassadours in all they had done , and ordered them to stay at Venice untill new orders . The King wrote also to the Cardinal of Lorrain , and let him know that he did not take it well that he had written to him as he did ; and to make it appear upon the spot how much the King slighted the Enterprises of the Council , he proceeded to the Alienation of Church-Livings , without staying for the Pope's consent . He caused a Sale of them to be made to the Value of two Millions five hundred thousand Livres , and at a very cheap rate . Amongst others the Temporal Jurisdiction , which till then the Archbishop of Lions had over that City , was purchased to the King for thirty thousand Livres .

All this while the Legates continued the Synodal Actions at Trent . They removed some difficulties which the Spaniards still made about the Articles of Reformation : for the Spanish Bishops insisted particularly on that which related to the Exemption of Chapters , whereby they pretended not to be subject to the Authority of the Ordinaries . The Chapters of the Churches of Spain had an Agent at the Council , who solicited the Preservation of their Privileges . The Legates favoured them for the Interest of the Court of Rome , because the Bishops of Spain depend much less on the Pope , than the Canons doe ; for , most part of the Bishopricks are in the Nomination of the King , whereas the Disposal of the Canonships is almost wholly in the Power of the Pope . The Count de Luna declared openly against the Chapters , and threatned that if the Bishops had not satisfaction given them as to those and some other Articles , and their Demands granted ; he would stop their coming to the Session . This menace obliged the Legates to refer that Article to the following Session , and , in the mean time , the Count de Luna commanded the Deputies of the Chapters instantly to be gone . No more difficulty remained , but about the Clause proponentibus legatis against which the Count de Luna declared open War . The Legates referred it to himself , and told him that he should alter that Clause in what manner he pleased ; but he refusing to take it upon him , the Cardinal of Lorrain came from Rome in the very nick of time , and cleared all the Scruples : for he hit upon a way of satisfying the Count by this canting Explication , that by the Clause proponentibus legatis , it was not the design to make any Innovation in the manner of proceeding in Ancient Councils . And a Chapter was thereupon made at the end of the Decree of General Reformation . This difficulty being taken away , all consented to the Decrees ; and the Session was held .

The twenty fourth Session , Eleventh of November . 1563. On the Eleventh of November , when after the usual Ceremonies , and the reading of some Letters from Princes , and Ambassadours Commissions , the Chapters of Doctrine about Marriage , with the Anathema's that were tackt to them , were read . The Article concerning Clandestine Marriages , was again contested , and put to the Vote ; but most part of the Votes were , for leaving it as they had found it . The Chapter of Reformation of the Abuses in Marriage being read , next came the Chapter of General Reformation . So soon as it was read over , the Cardinal of Lorrain reiterated the Declaration which he had made in the Congregation the day before , that he approved the Decrees , provided they did no prejudice to the Privileges , Rights and Constitutions of the Kings of France . He said farther , that the French Nation accepted them not as a perfect Reformation ; but as a Progress to a more ample Reformation which they expected from the Pope . These Decrees are too long to be inserted into this History . They contain twelve Anathema's against Errours in Doctrine concerning Marriage , ten Chapters of a particular Reformation about the same matter of Marriage , twenty Chapters relating to General Reformation , and an one and twentieth , which was added for the interpretation of the Clause proponentibus legatis . There is nothing to be found in all these Articles that tends to a General Reformation , such as the People demanded ; but rather the Pope's Yoke upon the Clergy , and the Clergy's upon the People was made heavier . In the fifth Chapter of the General Reformation , the Pope reserves to himself the Cognisance of all Criminal Causes of Bishops , which are called the greater , taking them from the Metropolitans , and Provincial Synods . The Decree ordains , that when the Pope shall give any one a Commission in partibus , that Commission shall onely extend to the taking of Informations . In the twelfth Canon about Marriage ; the Council pronounces Anathema against those who shall deny that the Tryal of Matrimonial Causes belongs to the Church . Some who pretend to a little skill in Antiquity , could not but observe , that from the beginning it was not so ; that all Laws concerning Marriage had been made by Emperours ; and that the Causes which did arise from those Laws were tryed by the secular Magistrates . Nay , more , it s known that some Gothick Kings gave Dispensations for forbidden Degrees ; and in the Formularies of Cassiodorus the style of these Dispensations is still to be seen . There were some who expected some good from the fourteenth Chapter of the General Reformation , which revokes , cancells , and annuls and Constitutions or Customes , of paying any thing for the purchase of Titles and the possession of Benefices : they were in hopes that that Article , if rightly interpreted , would overthrow the Annats which are pay'd to the Pope , for the taking possession of Benefices ; but experience hath evinced that that was the wrong way of interpreting the Decree . The Eighth Chapter ordains , that they who have sinned publickly , should make publick repentance , and it was hoped that that would be an advance towards the ancient Discipline . But there is a Clause rarely well put in , ni aliter Episcopo videatur , for it hath not as yet seemed good to the Bishops , to doe any thing in Execution of that Decree . They who are jealous of the rights of Princes , and secular Magistrates , besides what we have already observed , did not take it well that the Council in the sixth Chapter of the Reformation of Marriage , should ordain , that he who deflowers a Woman shall give her a Portion whether he Marry her or not ; for they looked upon that as a mere civil Constitution , that cannot come under the Cognisance of an Ecclesiastick Judge . Those who had no great kindness for the Council , and sought to make themselves merry at its cost , laughed a little at the Canon which prohibits Clandestine Marriages ; because it pronounceth an Anathema against those who deny that these Marriages are true Sacraments , and yet subjoins , that the Church hath always detested them . This seemed to be an odd Clinch ; that the Church should declare , she detested true Sacraments . The one and twentieth Chapter about the Clause proponentibus legatis made sport also for a great many . The Chapter declared , that by that Clause there was no design of changing any thing in the manner that had been observed in ancient Councils , nor of giving or taking from any one any right contrary to ancient Constitutions . When all was done , the Council at a conclusion , and that the Legates had drawn all the advantage from this Clause , that they could expect , they come in at last with a Declaration , that it was not their intention , forsooth , to doe prejudice to any body . This could not pass without a remark , that it looked very like the man's excuse , who having given another a box on the Ear , said that he had not done it with an intention to offend him . It was observed that for the future the Pope had found out an excellent way to keep Councils in Bondage ; that there was no more to be done , but in the beginning to make such a Clause as this , let the Members quarrel about it during the whole sitting of the Council , and then declare in the end , when the business is done , that it was not thereby designed to restrain any man's Liberty .

The Council precipitates to its end , the Count de Luna and the Spaniards oppose it . We are now at length come to the actions which immediately went before the last Session . The countenance of affairs is now much to be altered : no more of those long delays , that held all Europe in suspence ; the Council joggs not on fair and soft to its end , it runs post , precipitates , and all conspire to a conclusion . The Pope stoops under the Burthen of the Council ; he intends upon any terms to shake it off : the French who expect no more from that Assembly , follow the Cardinal of Lorrain , that hath struck in with the Pope . The Germans abandon the Council , as a Patient past hopes of recovery : and none remain but the Spaniards , who would march on gravely , and step by step in the rest , as they had done all along till then . But they are not able of themselves alone not resist that torrent of impatience which hurried the Council to its end . There remained still to be handled the matters of Indulgences , Worship of Saints , Purgatory , Images and Fasts : and that was enough to have employed the Council for several years , after the rate that the former Points were managed . The matter of Indulgences alone , would have taken up the Council for several Months , if it had been examined , as the Point of Justification was , but all was dispatched in a fortnights time .

That they might attain to this speedy Expedition , the Legates and Cardinal of Lorrain agreed together , that all which remained should be dispatched in one Session . The Cardinal of Lorrain and Imperial Ambassadours undertook to prepare the Members for it , by spreading of Reports that the Emperour desired that it might be concluded before Christmass , and that the French were to depart in the Month of December ; that therefore matters ought to be so ordered , that all things should be expeded before their departure . They who were weary of their stay at Trent , received the news with all imaginable Joy : and on the fifteenth of November Cardinal Morone assembled at his house a Cabal of the Council , and desired the Prelates to give their opinions as to the Conclusion of it that was so wished for . All consented to it , except the Count de Luna Ambassadour of Spain ; but the Legates were resolved to step over all difficulties . The Decree which was minuted by the Clergy for the Reformation of Princes , and against which the French Ambassadours had protested , was one of the most ticklish Points . The Legates therefore resolved to let that alone , and yet to doe somewhat for the satisfaction of the Clergy ; which was , that reviving the ancient Canons without specifying them , they should put in an exhortation to Princes to preserve the Church in her privileges , and even to make restitution of the rights which had been usurped upon the Clergy by secular Judges . But no Anathema's nor threatnings were added , they onely made use of terms full of respect to Sovereigns . The Pope having well consulted the matter of Rome , ordered it to pass so . The Council held dayly two Congregations ; and the Legates obliged the Members to be very short in giving their opinions . But the Spaniards who desired not the conclusion , took their full swing , they did not put themselves to the rack , but even enlarged their discourses with design to gain time , and to prolong the Council , untill they might have Orders from the King of Spain . The sixth Article of Reformation proposed before the former Session , had been referred to this : and that Article concerned the exemption of the Chapters of Spain . The Spanish Ambassadour and the Bishops of that Nation were their Parties , and their Deputy after he had been ordered by the Count de Luna , was forced to be gone . But the Legates were good Advocates for them , and being assured of the assistance of the Italians , they were in a fair way of gaining their Cause , notwithstanding they were absent . Yet the Council found out a means by giving some augmentation to the Bishops Authority over the Chapters , but a great deal less than they demanded .

The resolution of demanding the Confirmation of the Council from the Pope . In the Congregation of the twentieth of November the question was debated , whether they should demand of the Pope the Confirmation of the Decrees of the Council . The Archbishop of Granada maintained , that it was not necessary , saying that the Fathers in the sixteenth Session , which was the last held under Julius III. demanded not the Pope's Confirmation , that if they did not imitate their Conduct , it would be thought they condemned them . The Archbishop of Otranto , who had always his eyes in his head for the preservation of the Authority of the Pope , replyed that the Fathers of the Council at that time made it sufficiently appear , that they held the Confirmation of the Pope to be necessary , because they commanded not the observation of the Canons which they had made ; but onely exhorted to it . That opinion prevailed without difficulty : but there remained still a scruple , to wit , whether they should stay for the Pope's Answer at Trent , after they had demanded his Confirmation , or otherwise whether upon concluding the Council it should be demanded of the Pope , and so break up immediately , without expecting an Answer . The Cardinal of Lorrain whose two Predominant Passions were , to dispatch , and to please the Pope , was of the last opinion : and there is nothing more clear , than that this Cardinal and the French who were of the mind that the Confirmation of the Decrees of the Council should be demanded of the Pope , did exceedingly forget themselves . They had kept a great clutter to hinder that the Pope should be declared Superiour to a Council , and yet all of a sudden they betray their own Cause by the greatest weakness in the World . For to demand the Pope's Confirmation of the Council , is a Declaration plain enough that it is inferiour to him ; no Superiour Court ever demanding the Confirmation of its Decrees from an inferiour . The Cardinal of Lorrain , who would have all things make for the greater honour of the Council , or rather for the greater satisfaction of the Pope , essayed to bring back to Trent , the French Ambassadours that were at Venice : but they would not , because that though the Chapter of the Reformation of Princes was revoked , yet many other things had passed in the Council to the prejudice of the Liberties of the Gallican Church , and the President du Ferrier would not by his presence countenance those bad Regulations . When the matter of Reformation was digested into the Method that they intended to have it in , the Legates applied themselves to the Doctrine ; and the Council appointed the Cardinal of Warmia , and eight other Prelates to frame the Decree concerning Purgatory , the Invocation of Saints , Relicks and Images ; they all jumpt in one design , not to start any Controversie that might retard them . Nevertheless , they found themselves a little puzled about the Article of Purgatory ; for some were for having the place determined , where this Purgatory is , as the Council of Florence had done , and that it should be defined that the Pains which are suffered there are the Torments of Fire . Others objected that all Divines agreed not as to that , and that if they should offer to make a Decision thereupon , they could not avoid falling into debates which they were willing to shun : so that they were of opinion to make use of general terms , and to enjoyn Bishops to see that that Doctrine should be carefully taught ; and this opinion was followed . There was no difficulty about the Point of the Invocation of Saints ; there was somewhat more in relation to Images , touching the nature of the Worship that is due to them , but it went not far .

The Decree of the Reformation of Monks is revised . Some Prelates were likewise deputed to revise the Reformation of Monks and Nuns , and these Deputies joyned with the Congregation , which had been appointed a long time before for that Reformation . In that Revisal there were but a few matters altered : By the third Chapter of this Reformation , all the Monasteries of Mendicant Friers were allowed to enjoy Lands and immoveable Possessions , notwithstanding the Rule of their Institution , which forbids them to possess any thing in proper . The General of the Order of the Minims , who was a Spaniard , demanded that his Order might be excepted out of that indulgence , because they would exactly follow the Rule of St. Francis ; the General of the Capuchins demanded the same , and it was granted to both . Lainez General of the Jesuits made the same demand , but distinguished their Colleges from their houses of Profession , saying Bishops and other Beneficiaries , to make good use of the Revenues of the Church , used these words , that they are appointed faithfull Stewards of these Revenues for the good of the Poor . That Clause displeased the Bishop of Sulmona , and a great many others ; it is easie to guess at the reason ; but what ever it was , the Clause was struck out . In fine , it was proposed in the same Congregation to anticipate the day of the Session , and to hold it next day , and if al could not be dispatched in one day , to continue it the day following , that so the Acts might be signed on Sunday after and all the Prelates have Liberty to depart . Fourteen Spanish Bishops opposed it ; but the Cardinal of Lorrain , and the Imperial Ambassadours dealt earnestly with the Count de Luna to make him condescend to it . At length he was willing , but upon two Conditions ; first that the Pope would regulate the matters that remained still to be done ; and then that it should be inserted in the Chapters of Indulgences , that they should not be given Gratis , lest that might be prejudicial to the Croisadoes of Spain .

The five and twentieth and last Session , the 3. December . 1563. All difficulties being surmounted , on Friday the third of December , the Prelates and Ambassadours went to Church with the usual Ceremonies . Jerome Ragazzone Titular Bishop of Nazianzo , made the Sermon in praise of the Council , and recapitulated the good Laws and Ordinances which were made in it . After the Ceremonies were over , they read the Decrees concerning Purgatory , the Intercession and Invocation of Saints , Images and their Worship . They also read the Decree for Reformation of Monks , containing twenty Chapters , to which they added an one and twentieth for a shield to the Pope's Authority , lest by inadvertency , it might be wounded in some of the Canons of Reformation , and to leave him in full liberty to dispense with all the Canons . The Council therefore declares in it , that all the Decrees have been made with intention , that the Authority of the Holy See should remain safe and inviolate without the least encroachment upon it . When this was done , because it was very late , the rest was deferred till next day . In this second day they read the Decrees concerning Indulgences , the Choice of Meats , Fasts and Holy days . They made and Act of Reference to the Pope , about the Index Expurgatorius , Missals , Breviaries , Ceremonials and the Care of making a Catechism . At length the Council caused and Act to be read , which declared that the Places that had been assigned to Ambassadours , ought not to be any ways prejudicial to the Rights and Privileges of Kings , Princes and States , whom the Council pretended to leave in the same condition as they were before .

The Assembly was concluded with Volleys of Acclamations to the Praise of the Pope , Emperour , Kings , Legates , and the Fathers . Heretofore in Ancient Councils , these Acclamations or Benedictions , were made in a humming confused manner , with a low Voice . But at Trent they would have the matter performed in its Formalities . It was written down , read , and sung after the manner of Antiphones . The Cardinal of Lorrain pronounced the Acclamations , and the Prelates answered . This action of the Cardinal was extremely played upon . It could not be imagined that he with all his Dignities , A mean Action of the Cardinal of Lorrain . and large Characters , would have condescended to discharge the Office of a Deacon or Chanter . It was lookt upon as a low and mean Carriage : but the French had a worse opinion of it ; for besides the baseness of the action , they lookt upon it as a Crime of State , because in the Acclamations , there was no express mention made of the King of France ; for which the Cardinal was severely checkt upon his return . At length , all was summ'd up with an Anathema , pronounced against Hereticks in General . The Council consulted whether they should not expresly Anathematise Luther , Zuinglius , and the other Heads of Parties , as had heretofore been practised in the Case of Nestorius and other Hereticks . But the Spanish and Imperial Ambassadours opposed that , representing that the Princes were rather the Heads of the Parties in that affair , than the Teachers ; that it would offend them , and oblige them to make Leagues together against the Catholick Religion . The Council acquiesced to that reason , and rested satisfied with a General Anathema . All the Prelates were commanded under pain of Excommunication to sign the Decrees before they went away , which was done on Sunday . They were signed by two hundred fifty and five Hands , four Legates , two Cardinals , three Patriarchs , five and twenty Archbishops , an hundred fifty and eight Bishops , seven Abbots , thirty nine Proxies for Absents , and seven Generals of Orders . The Ambassadours had been enjoined to sign also ; but because those of France were not there , and their Hands not being amongst the rest , it would have been a Declaration that they refused to acknowledge the Council : all the rest were therefore dispensed with no to sign , upon Pretext that it had not been the Custome of Ancient Councils .

This last Session of the Council gave as little satisfaction as the rest hand done ; for after all the fair promises of setting about a Reformation , there was nothing found that could answer the Expectations of People . The nineteenth Chapter of General Reformation contained a very Christian Decree , against Duels , which were prohibited under very severe Penalties . Nevertheless , it was observed , that the Council herein encroached upon the Right of Kings ; for it declared the Emperour , all Kings , Princes and Lords , who should countenance Duels , to be excommunicated , and deprived of the Dominion of the Place holding of the Church , wherein Duels should be fought . It was not thought in the Power of a mere Ecclesiastick Judicature , to deprive Sovereign Princes of their Territories and Temporal Possessions , nor to lay Commands upon them under pain of Excommunication . The Permission which the Council granted to Mendicants to enjoy Lands and Real Estates , was so far from passing for an Article of Reformation , that it was lookt upon as a great Corruption , and as a fair means put into the hands of Monks to hook in the remainder of the Estates of Christendom , whereof they already enjoyed the largest share . In general , few were satisfied with the Acts of the Council . The Spaniards were displeased at the precipitant manner and hurry of concluding it , without acquainting their King , and expecting his answer . But France more than all others , because they found therein many things which overthrew the Liberties of the Gallican Church . President Du Ferrier during his stay at Venice , made it his business to make a Collection of them ; and upon the return of the Cardinal of Lorrain into France , the Cardinal was severely censured for having suffered so many things to pass contrary to the Sentiments , and Customs of the Church of France . It was objected to him , that after he had vigorously asserted the Superiority of a Council over the Pope , yet at length he had basely betrayed the Cause , seeing he had subscribed to the first Chapter of the General Reformation , which grants the Pope Administrationem Ecclesiae , the Administration of the Church Universal . It was also thought , that the opinion of the Pope's Superiority over a Council , was sufficiently established by the last Chapter , which declares that all things have been decreed , without prejudice to the Authority of the Pope , which is an evident raising of the Authority of the Holy See , above that of the Decrees . And above all , it was thought that by demanding from the Pope the Confirmation of the Council , they had placed his Holiness above a Council . It was likewise objected as a fault to the Cardinal of Lorrain , that in the one and twentieth Chapter of the General Reformation , he had suffered the present Council to be declared the same with that which was held under Julius and Paul III. after that France had taken so much pains , to have that Assembly called a new Council . But the Parliament of Paris , in a particular manner complained that he had suffered the Authority of the King's Judges to be trampled under foot ; seeing the Council had so far enlarged the Power of Churchmen as made a considerable breach in the Civil Jurisdiction . As for instance , it allows Bishops to proceed against Laicks by Pecuniary Fines , and Imprisonments . These oppositions that the Council met with in France , were every delightfull to those who were separated from the Church of Rome ; and Catholicks themselves took Liberty to speak . The whole Discourse both of Catholicks and Protestants , was about the Debates and Factions in managing of Affairs , especially the matter of Reformation . And according to the French way of raillery , it was presently in every body's mouth ; that the Council of Trent had far more Authority than that of the Apostles ; for whereas the Apostles said , It seemeth good to the Holy Ghost and to us : the Fathers of Trent said barely , It hath seemed good to us , quite excluding the Holy Ghost .

Germany slighted the Council to the highest Degree ; for the Prelates of that Nation had not been present in this last Convocation , which notwithstanding was the most Solemn of all . Very few Bishops were there for the Kingdoms if Hungary and Poland ; none at all from England , Swedeland , Danemark , and the low Countries . The French Prelates came onley at the latter end , and reckoning them all together with the Spaniards , they did not exceed the number of forty Bishops ; all the rest were Italians : of a few more than two hundred Prelates , which made up the Council , there were above an hundred and fifty from Italy . And therefore it had the Name of the Council of the Pope and Italians .

The Pope confirms the Council by a Bull. The Court of Rome was very glad that the Council was ended ; they mattered not much what Decrees it had made , provided it could make no more . The Pope died not then of his sickness , and had double Cause of rejoicing at the same time , both that he had recovered his health , and was also discharged of the burthen of the Council . He was so overjoyed , that without boggling , he declared that he would confirm it , and even add some new Reformations . That Declaration allarmed the Court of Rome , though the Reformations of the Council went not very far ; however no body was willing to part from any of their Rents and Profits : and that nevertheless they must have done , had the Decrees of the Council been religiously observed . Most of the Cardinals were of opinion , that the Pope should moderate the Articles which might incommode the Court of Rome , before he confirmed them ; and alledged that that would serve for two ends . First , it would , as we have said , ease them of several incommodious Regulations : and then it would confirm the Pope in his Superiority over the Council by reforming it . But , in fine , after that a great many Congregations of Cardinals had been held upon that Subject , the opinion of confirming it without any alteration prevailed . Some perswaded the Pope to it , by Arguments of Piety , Honour and Sincerity to his word . But the deciding Cast was put in by Hugo Boncompagno Bishop of Vieste in Apulia . He alledged that the Confirmation of the Council , was so far from diminishing the Authority of the Pope , and the Grandure of the Court of Rome , that it would much advance it , provided a Barriere were set to put a stop to the Rashness of Doctours , and hinder them from interpreting the Council , according to their several Fancies , and Interests . It was his advice then , that the Judges themselves should be prohibited from medling with the Interpretation of the Sense of the Council , and that it should be ordained that in all doubtfull matters , recourse should be had to the Holy See , and its Interpretations submitted to . And thus he made it appear , that by so doeing , the Court of Rome would always have the absolute Disposal of every thing that pinched them , because in confirming the Council , the Holy See reserved to it self the Power of interpreting it . He said , that there was no Law so plain and express , nor so rigorous , which might not be turned to a commodious and a favourable Sense , by means of Exceptions and Qualifications . If there be any thing then , in the Council , that pinches the Holy See , and Court of Rome , it will be a very easie matter to avoid it by expounding it , as one pleases . But the Council cannot be made use of , said he , to the Prejudice of the Court of Rome , because all the force of its Execution will depend on the Holy See , to which recourse must be had for Interpretation . This Overture was worth a Cardinals Cap to the Bishop , and it appeared so convenient and good , that all agreed to it . Thus the matter was resolved upon , and the Pope on the six and twentieth of December gave the Bull of Confirmation , wherein he forbids under pain of Excommunication , the publishing of any Commentaries , or Observations upon the Council ; ordaining in all doubtfull Cases , Recourse to be had to the Holy See . Within some Months after the Pope made a Promotion of Nineteen Cardinals , to reward those who had faithfully served him in the Council ; and neither Marco Antonio Colonna Archbishop of Taranto , nor the Bishop of Vieste were forgotten .

FINIS .
ERRATA . In the Historical Reflexions . Page 20. line 5. reade if according . p. 37. l. 26. for of r. from . p. 60. l. 20. r. exalting . p. 102. l. 6. r. sufficiently . p. 113. l. 9. for prompted r. permitted . In the History . Page . 1. l. 1. for fifteenth r. sixteenth . p. 60. l. 28. for Madoncio r. Madruccio . p. 148. l. 3. r. actu . p. 193. l. 3. for had bred , r. and bred . p. 200. l. 16. betwixt the words ( sort ) and ( made ) add who . p. 245. in the Marginal Note , for 19. Session r. 16. p. 251. l. 7. for Dominions r. Dominion . p. 275. l. 23. dele it . p. 457. l. 8. for Revenue r. Reverence . p. 575. l. 3. for means r. mean .
A TABLE of the most remarkable matters contained in this History . A. ADRIAN succeeds to Leo. Page 11 Desires to reform the Church . ibid. But cannot succeed in that design of Reformation . Page 13 Sends a Letter into Germany confessing that the Church and Court of Rome are corrupted . Page 14 He dies Page 16 Altemps , Cardinal , Nephew of Pope Pius IV. a zealous Protectour of the rights and pretensions of the See of Rome . Page 305 Ambassadours . Danes Ambassadour of France comes to the Council . Page 106 The Emperour's Ambassadour present to the Council five demands in Writing . Page 318. The French Ambassadours are received in Council , make Speeches , and receive no Answer . Page 339 They receive new Instructions from France . Page 398 Protest against the Decree of the Reformation of Princes , and have Orders to withdraw . Page 556 They goe to Venice . Page 564 Ambrosio Catarino maintains the Opinion of St. Austin , and of the Protestants , about Works that precede Grace . Page 118 And about the certainty that one may have of being in the state of Grace . Page 123 His strange Opinion about Predestination . Page 132 What his judgment is of the Priests intention in administring Sacraments . Page 151 Amiot Bishop of Auxerre protests in Council in name of his Master Henry II. of France . Page 198 Arembold of a Genoese Merchant being made a Bishop , 〈◊〉 chosen for the distribution of Indulgences in Germany . p. 3 He gives that charge to the Jacobins , which offends the Augustins , who had formerly discharged that Office . p. 4 Ascanio ella DCorna Nephew to Pope Julius III. sent into France to hinder the King from protecting the Duke of Parma , and to break off the design of a National Council . p. 195 Assembly of the Catholick Princes of Ratisbonne , were a Decree pass'd against Luther . [ Vid. Diet. ] Of the Protestants at Smalcalde . p. 37 At Fountain-bleau , where it is resolved that a National Council shall be called in France , and severities in the mean time cease . p. 288 Of the States of France at Orleans . p. 291 At St. Germains , which makes the Edict of January in favour of the Protestants . [ Vid. Diet. ] p. 312 Ataide a Portuguese Divine overthrows all the Arguments drawn by the others from the Scripture to prove the Sacrifice of the Mass , and departs . p. 371 , &c. Ausbourg , the place of a Diet where the Protestants present their Confessions , and depart without any accommodation , though attempted . p. 32 Another Diet of Ausbourg , where the Protestants promise to submit to the Council . p. 171 A third Diet at Ausbourg for composing the Troubles about Religion . p. 257 In the Diet an Edict of Liberty is made which highly offends the Pope . p. 261 B. BAptism , what was concluded about the necessity of it . p. 152 Baptista Castello Promooter of the Council refutes Gropper about the subject of Immediate Appeals to the Pope . p. 211 Basil and Berne , embrace the Religion of Zuinglius . p. 28 Battel of Dreux . p. 458 Benefices . The abuse of the plurality of Benefices , and the various sources from whence it proceeds . p. 156 Berne and Basil embrace the Religion of Zuinglius . p. 28 Beza assists at the Conference of Poissy . p. 300 Birague the French Ambassadour arrives at Trent , and was received in congregation . p. 254 Bishops not allowed by the Pope to appear in Council by Proxy . p. 64 Money ordered to be given to the poor Bishops . p. 66 The Sermon of the Bishop of Bitonto is disliked by many . p. 69 The Bishop of Guadix basely used for having spoken with some liberty in favour of the Bishops . p. 447 Bologna , the place of the first Interview betwixt the Emperour and the Pope p. 31 Books Canonical . [ Vix . Scripture . ] Bucer and Pistorius chosen with Melancthon to speak for the Protestants . p. 50 Bull published by Leo X. for Indulgences . p. 6 Ball of Excommunication against Henry VIII . King of England . p. 47 C. CAjetan the Cardinal has two Conferences with Luther , but without effect . p. 6 Caraffa . Cardinal Nephew Legate in France under Paul IV. p. 267 The Cardinal Legate of Santa-Croce forms Decrees so ambiguously , that all Parties find their Opinions in them . p. 133 The Cardinal of Lorrain arrives in Italy , and is received at Trent . p. 437 He makes a Speech in Congregation , and after him du Ferrier the French Ambassadour , who offends the Council p. 442 Holds private Congregations at his House , which alarms the Legates and Court of Rome . p. 444 He essays to compose Controversie about the Divine Right of Episcopacy , but is slighted , and therefore vexed . p. 451 Has great Conferences with the Emperour at Inspruck . and fol. p. 484 The Pope will not name him for a President in the Council , upon the death of the Cardinal of Mantua . p. 489 A clashing betwixt the Cardinal and the Archbishop of Otranto . p. 527 The Cardinal goes to Rome , and enters into a strict Alliance with the Pope . p. 557 A low and mean Action of that Prelate in the conclusion of the Council . p. 584. [ Look other Cardinals under their proper names . ] Castello . Vid. Baptista Castello . Catarino . Vid. Ambrosio Catarino . Celibat of Priests . Vid. Priests . Censure of the Decrees by the Malecontents . p. 141 Charles V. cites Luther to appear before him at Wormes . p. 8 Is dissatisfied with the Diet of Nuremberg ; and thereupon writes sharply to the States of Germany . p. 19 Clashes with Clement VII . p. 21 Provides work enough for the Pope within Rome , by means of the Colonna's , who enter the City in a hostile manner , and plunder the Vatican . p. 22 Has an Interview with , and is crowned by the Pope at Bologna . p. 31 The Pope is dissatisfied with him , and the Protestant Princes despise his rigorous Edicts . p. 34 Charles presses a Council , and not obtaining it , makes his first Edict in favour of Protestants . p. 36 Obtains at length a Bull for convocation of a Council . p. 44 Has an Interview with the Pope and King of France . p. 47 Grants in the Diet of Spire a new Edict of liberty , till the next Council . p. 54 Gives intimation to the Protestants of the convocation of a Council , and upon their refusing to submit to it , concludes a League with the Pope against them . p. 61 Consents to the opening of the Council conditionally , and the Pope is angry . p. 68 Gets great advantages in the War against the Protestants , and deceives the Pope . p. 107 Obtains a great Victory over the Protestants . p. 169 Condemns the Elector of Saxony to death . ibid. His treachery towards the Landgrave of Hesse . ibid. He protests at Rome and Bologna against the Pope , and his Council of Bologna . p. 174 Makes the Interim and a Decree of Reformation in the Diet of Ausbourg . p. 176 Having sent to Rome Louis D'avila to complement Poe Julius III. upon his Exaltation , with orders to press the reestablishment of the Council of Trent , he obtains it . p. 185 He dare's not at first propose the Bull of Convocation to the Protestants , because it was too high and lofty . p. 189 He resigns his Dignities , and betakes himself to a solitary life . p. 270 Charles of Bourbon with the Imperial Army takes Rome , is killed in the attempt , and the Pope made prisoner . p. 24 Church of Rome , in what state it was about the beginning of the sixteenth century . p. 1 Clement VII . succeeds to Adrian . p. 16 Sends a Legate into Germany to the Diet at Nuremberg . ibid. Clashes with the Emperour , and absolves Francis I. from the Oaths he had taken in prison . p. 21 Is made prisoner in Rome . p. 24 Makes Peace with the Emperour . p. 28 Refuses him a Council , unless upon conditions that the Protestants would not accept . p. 36 Being dissatisfied with him , enters into a League with the King of France . p. 38 He dies , and Paul III. succeeds to him . p. 41 The Colonna's at the solicitation of the Emperour , enter Rome by force , and plunder the Vatican . p. 22 Commendums and their original . p. 157 Communion of Children , and in both kinds . p. 342 The Conception of Blessed Virgin occasions a Dispute betwixt the Jacobins and Cordeliers . p. 102 The Conclave divided into three Factions after the death of Paul III. p. 183 Conference amicable appointed betwixt the Catholicks and Protestants of Germany . p. 48 Another at Wormes , which has as little success as the rest . p. 50 Another at Ratisbonne without effect . p. 8 A Conference appointed at Poissy in France betwixt the Roman Catholicks and Protestants . p. 298 Confirmation , and who ought to administer it . p. 152 Conspiracy of Amboise . p. 283 A Council denied to the Emperour , unless upon conditions which the Protestants would not accept . p. 36 But afterwards granted upon conditions that are rejected by the Protestants . p. 37 Called , but in vain , at Mantua and Vicenza . p. 42 & 46 And then at Trent . p. 52 Where with ten Bishops that were arrived the Congregation began to handle Preliminaries . p. 65 The form of the Council of Trent , and what had been that of ancient Councils . p. 71 A Debate concerning the Title of the Council . p. 74 About the Order . p. 77 About the Seal to be used for Letters . p. 78 To amuse the Council the Creed is published . p. 79 But three moderate Divines at the Council , p. 116 The Council is puzzled in forming Decrees , and essays by their ambiguity to give all content . p. 133 It is transported to Bologna , under pretext of bad Air at Trent . p. 166 And divided ; part of the Prelates removing to Bologna , and part staying at Trent . p. 167 , &c. It is opened again at Trent for the second Convocation . p. 192 And suspended because of the War of Germany . p. 245 The Pope has enough of Councils , neither does the Emperour care for them . p. 249 The Council opened again at Trent under Pope Pius IV. p. 311 It begins with the Books to be prohibited and the Indices Expurgatorii . p. 313 It is publickly said that the Council is not the Council of the Vniversal Church , but of the Pope . p. 357 The Bishops complain that the Council is taken up about trifles . p. 386 Some Bishops apparently ill satisfied with the Infallibility of the Council . p. 393 A Letter from the Emperour to the Pope and Council about the Disorders of the Council . p. 490 The Council ill satisfied with the Peace of Orleans that the King of France had made with the Huguenots . p. 499 The Legates seek out means of concluding the Council speedily , and the Count de Luna opposes it . p. 441 New troubles are started . p. 551 The Council precipitates to its end , the Spaniards oppose it . p. 572 Confirmation of the Council demanded of the Pope ; but all are not of that mind . p. 575 The Council is confirmed by a Bull of Pius IV. p. 588 Croisades : their Original . p. 3 The Cup demanded by the French . p. 304 And by the Germans , about which the Divines give their Opinions . p. 347 Both join in that point . p. 355 The restoring of it to the Germans is moved . p. 380 It is referred to the Pope . p. 385 Cruelties practised in several Kingdoms against Protestants . p. 256 D. DAnes , Ambassadour of France , comes to the Council and makes a long Harangue . p. 106 Decrees made with a great deal of difficulty , and affected Ambiguity , to give all content . p. 133 The Decrees concerning Penance opposed by the Divines . p. 221 The Decree about the Reformation of Princes cause great Trouble . v. Legates . An abstract of that Decree . p. 560 Degradations , their Original and Progress . p. 212 Diet of Nuremberg , where the hundred Grievances were presented . p. 17 Diet of Ratisbonne , where a Decree past against Luther . p. 18 Diet of Spire , where Attempts were made to divide the Protestants . p. 29 Diet of Ausburg , where the Protestants present their Confessions , and depart without accommodation , though attempted . p. 32 Another Diet as Spire , where the Emperour gives a new Edict of Liberty , till the next Council . p. 54 Another at Ausburg , where the Protestants promise to submit to the Council . p. 171 There the Emperour makes the Interim and a Decree of Reformation . p. 176 A Third Diet at Ausburg for composing the troubles of Religion . p. 257 Where an Edict of Liberty is made which offends the Pope . p. 261 A Diet at Naumburg in Saxony . p. 293 Daily Distributions . p. 332 Dominico à Soto , and Luigi di Catanea both Jacobins and Thomists differ about the Point of Grace . p. 128 E. EDict of Wormes against Luther . p. 9. Edict of January in favour of the Protestants made at St. Germains en Laye . p. 312 Edward King of England dies , and Mary his Sister succeeds to him , who restores the Catholick Religion . p. 252 The Electorate of Saxony transferred to the Branch of Maurice . p. 171 The Electour of Brandenburg sends his Ambassadours to the Council p. 215 Elizabeth Queen of England succeeds Mary her Sister , and re-establishes the Reformation . p. 274 Emperour , v. Charles . V. England during the Reign of Henry VIII . shakes off the Pope's Authority , without any innovation in Religion . p. 39 The Catholick Religion is maintained there by Queen Mary , 〈◊〉 the death of Edward her Brother to whom she succeeded . p. 252 Episcopacy and Vehement Contests about the Point . p. 413 , &c. 422 , &c. 435 , &c. 448. and elsewhere . The Eucharist serves for matter to be treated in the tenth Session . p. 170 Exemptions granted by the Pope in prejudice of Ordinaries . p. 138 ExtremeVnction and Penance handled in the fourteenth Session . p. 218 F. FArnese , v. Paul III. and Octavio Farnese . Du Ferrier Ambassadour of France learned in Antiquity . p. 356 He speaks in Congregation after the Cardinal of Lorrain , and his Speech nettles the Council . p. 442 Another Speech of his , after the reading of the French King's Letters in Council , which acquainted the Fathers with his Victory over the Protestants . p. 476 He protests against the Decree of the Reformation of Princes , and makes a Speech which pricks the Prelates to the quick . p. 561 Francis . I. absolved by Pope Clement VII . from the Oaths which he had taken in Prison . p. 21 He dies . p. 167 Francis II. dies and Katherine of Medicis his Mother assembles the States at Orleans . p. 291 The French present their Memoires , containing thirty four Demands . p. 460 Frederick Electour of Saxony is made Prisoner , wounded , and condemned to death by the Emperour Charles . V. p. 169 Can neither be moved by Prayers nor threats . p. 171 Frederick Nauseus Bishop of Vienna , sent to the Council with Paolo Gregoriani Bishop of Zagabria in Sclavonia by the King of the Romans . p. 198 Free will handled in the VI. Session . p. 125 G. GIacomo Cocco Archbishop of Corsou is of the mind that no opinion which could be interpreted in a sound sense , should be condemned . p. 133 Grace serves for matter to the Council in the VI. Session . p. 113 Catarino's opinion about works that precede Grace . p. 118 A Dispute about the Preparations to Grace , and the Merit of Congruity . p. 119 A Debate about the certainty that one may have of being in the State of Grace . p. 123 The Thomists are divided about the matter of Grace ●il ●a p. 128 The hundred Grievances proposed to the Pope at the Diet of Nuremberg . p. 17 The Grisons recall Thomas Planta Bishop of Coire . p. 220 Gropper a Divine and Lawyer votes for the abolition of Episcopal Jurisdiction , and Ecclesiastick Tribunals . p. 210 He is refuted by Baptista Castello , Promooter of the Council , about the Subject of immediate appeal to the Pope . p. 211 H. HEnry VIII . King of England writes against Luther . p. 9. Shakes off the Pope's Authority without any innovation in Religion . p. 39 Is excommunicated by Pope Paul III. p. 47 Henry II. King of France succeeds to Francis I. p. 167 He clashes with the Pope , and sends not his Prelates to the Council . p. 193 Causes Amiot his Ambassadour to protest against the Council . p. 198 Then publishes a Manifesto against the Pope . p. 200 Does all that lies in his Power to ruine the Protestants in his Kingdom . p. 278 His death . p. 279 Herman Archbishop of Cologne is excommunicated by the Pope , and obliged to resign his Archbishoprick . p. 90 Of the Hierarchy of the Church . p. 405 I. IAmes Lainez General of the Jesuits creates no small trouble to the Council about Precedence . p. 377 His Speech against the Divine Right of Episcopacy , and what it produced . p. 426 Another Discourse of his in favour of the Court of Rome . p. 529 The Imperialists leave the City of Rome . p. 28 Indices Expurgatorii , and their Original . p. 313 The Inquisition setled at Naples , and causes a great Sedition . p. 170 The Intention of the Priest in administring the Sacraments , according to the Judgment of Ambrosio Cararino . p. 151 The Interim made by the Emperour at the Diet of Ausburg . p. 176 Much opposition made to the Establishment of it . p. 179 Interviews betwixt the Emperour and the Pope , the first . the second 37. the third . p. 44 An Interview of the Pope , Emperour and King of France . p. 47 A fourth Interview betwixt the Pope and the Emperour . p. 52 A fifth . p. 53 Julius II. Excommunicated Lewis XII . King of France . p. 2 He dies . ibid. Julius III. formerly named John Maria di Monte succeeds to Paul III. p. 182 He clashes with the King of France . p. 193 Sends into France Ascamo della Corna his Nephew to hinder the King from protecting the Duke of Parma , and from calling a national Council . p. 195 At one dash creates fourteen Italian Cardinals . p. 232 His Death and Successour . p. 257 The Jurisdiction of Bishops is the matter , as to Reformation , for the thirteenth Session . p. 201 The Jurisdiction of the Tribunals of the Church , their Original and Progress . p. 206 Gropper votes for its abolition . p. 210 Divers Regulations concerning Episcopal Jurisdiction . p. 225 Justification and Imputed Righteousness p. 121 K. KAtherine of Medicis Queen Regent of France assembles the States at Orleans . p. 291 Her designs for Reformation . p. 299 and 312 L. LAinez . v. James Lainez . The Landgrave of Hesse attempts an Agreement betwixt Luther and Zuinglius , but without Success . p. 30 Is made Prisoner by the Emperour . p. 169 The Legates complain that there appeared Division in the very Session , and pretend to enter upon business . p. 76 Oppose the beginning with Reformation . p. 78 Make a Translation of the Council upon Pretext of bad Air. p. 164 Propose the Decree of the Reformation of Princes , and the Ambassadours oppose it . p. 546 The more they press the mater , the greater noise it makes . p. 553 The Protestation of the French Ambassadours against that Decree . p. 556 The Legates press the Conclusion of the Council . p. 572 Leo. X. created Pope , and his Character . p. 2 Causes Indulgences to be published in Germany , by the advice of Cardinal Santiquatro , and gives a great part of the profit of them to his Sister . p. 3 Publishes a Bull for the Indulgences . p. 6 Thunders a Bull against Luther and his Doctrine . p. 7 Lewis XII . King of France excommunicated by Pope Julius II. p. 2 Forms a Party against Julius II. and gets the Cardinals to assemble at Pisa for Election of another Pope . ibid. Lewis d'Avila sent by the Emperour to Rome to solicite the Re-establishment of the Council . p. 183 Luigi di Catanea and Dominico à Soto differ about the Point of Grace . p. 128 Luther publishes Theses against the Doctrine of Indulgences , which are answered by other Theses , set out by John setzel a Jacobin who caused the Theses of Luther to he burnt . p. 5 He is cited to appear at Ausburg before Cardinal Cajetan . p. 6 Has two Conferences with the Cardinal , without success , and appeals to a Council . ibid. He burns the Pope's Bull , and Book of Decretals . p. 8 Is cited to Wormes before the Emperour Charles V. ibid. But would neither recant nor condemn his Doctrine . p. 9 An Edict past against him at Wormes . ibid. Confirmed by a Decree at Ratisbonne . p. 18 Abstracts are made of Lutheran Writings . p. 145 M. THE Malecontents pass a severe censure vpon the Decrees of the Council . p. 141 Mantua chosen by Paul III. for the place of holding the Council . p. 44 The Cardinal of Mantua Legate dies at Trent . p. 486 Marcello II. created Pope will not change his Name according to the Custom of other Popes , and whence what Custom hath arisen . p. 257 His Character , and death that happened by an Apoplexy two and twenty days after his Exaltation . p. 258 Marriage is reduced to eight Articles . p. 473 Decrees and Canons are formed concerning that matter . p. 544 Clandestine Marriages occasion fresh Debates . p. 548 Mary succeeds her Brother Edward to the Crown of England , and restores the Catholick Religion . p. 252 She is rigorous against the Protestants . p. 256 Her death . p. 274 Marinier a Carmelite is not of opinion that Traditions should be made a Point of Faith . p. 83 Will have the Name of Justifying Faith onely giv'n to that which works by Charity . p. 117 Defends with Ambrosio Catarino the opinion that one may be certain of being in the State of Grace . p. 123 Mass . v. Sacrifice . Maurice invested by the Emperour in the Electorate of Saxony whereof his Cousin Frederick had been dispossessed . p. 171 Takes up Arms for the Liberty of Germany , and of Religion . p. 243 Maximilian King of Bohemia and of the Romans suspected of Lutheranism . p. 286 Melancthon named with Bucer and Pistorius to speak for the Protestants . p. 50 Is one of twelve who were opposed to a like number of Catholick Doctours in the Conference of Wormes . p. 273 Mendicant Friars raise a great Debate upon occasion of Preaching , and the Pulpits which they had seized . p. 91 Misunderstanding betwixt the Pope and the Council , and amongst the Fathers of the Council themselves . p. 337 Morone Cardinal Legate in Spain under Julius III. p. 257 Is appointed first President of the Council by Pius IV. p. 489 Comes to Trent and went to the Emperour at Inspruck . p. 448 Returns to the Council . p. 506 N. NAvagiero Cardinal named Legate for presiding in the Council , arrives at Trent , with orders to endeavour a strict Reformation . p. 502 Naumburg a Town of upper Saxony where the Protestant Princes held an Assembly . p. 293 Nuncio's ill received by the Protestants in Germany . p. 244 Nuremberg the Place of the Diet , where the Hundred Grievances were presented . p. 17 O. OCtavio Farnese Duke of Parma General of the Pope's Forces . p. 111 Offerings and Oblations in what manner they may be permitted . p. 154 Opinions about Canonical Books . p. 83 Free Ordinations . p. 330 The Sacrament of Orders handled and reduced to eight Articles . p. 400 P. PAcieco a Spanish Cardinal with all the Imperialists oppose the Legates in the treating of the matter of Original Sin . p. 95 Paul III. succeeds to Clement VII . p. 41 Having made some ineffectual Propositions of a Reformation , he resolves upon a Council to be held at Mantua . p. 42 His fruitless attempts for the Reformation of the Court of Rome . p. 46 He thunders a Bull of Excommunication against Henry VIII . King of England . p. 47 Declares that he will call the Council at Trent , but is retarded by the War betwixt the Emperour and King of France . p. 52 Appoints Legates to preside in the Council , and sends them to Trent . p. 57 He will not have the Bishops appear in Council by Proxy . p. 64 Seeks an opportunity of breaking up the Council . p. 122 Fearing the Spaniards he resolves to remove the Council to Bologna . p. 161 His Death and Successour . p. 182 Paul IV. of the Family of the Caraffa's succeeds to Marcello II. p. 258 He is insolent and proud to the highest Degree . p. 259 Erects Ireland into a Kingdom by a fetch of State Policy . ibid. He is offended at the Diet of Ausburg . p. 260 Listens to the perswasion of using Carnal Arms for supporting his Authority . p. 262 Creates seven Cardinals , notwithstanding the opposition of the Imperialists , and the sacred College . p. 264 He proposes a Reformations of the Church , but it has no Success . p. 265 He falls into a rage upon occasion of some Demands made to him by the Ambassadour of Poland . p. 266 Sends Cardinal Caraffa his Nephew Legate into France . p. 267 He breaks with the Emperour , and undertakes a War , which proved fatal to him . p. 268 Being overcome he makes Peace like a Conguerour . p. 271 He revenges himself on his Nephews , for the bad success of his Enterprises . p. 272 Will not acknowledge Ferdinand for Emperour . p. 274 His death attended with ignominious marks of the hatred that the People bore towards him . p. 279 Paul Gregoriani Bishop of Zagabria in Sclavonia , sent to the Council with Frederick Nausens Bishop of Vienna , by the King of the Romans . p. 198 Peace betwixt the Emperour and King of France revives the Proposals of a Council . p. 56 A Peace concluded betwixt the Emperour and King of France , is broken off by Pope Paul IV. p. 267 Penance and Extreme Vnction handled in the fourteenth Session . p. 218 Opposition of the Divines to the Decrees concerning Penance , of which the President takes no notice . p. 221 Philip II. King of Spain labours to settle the Inquisition in the Low Countries . p. 277 Erects three Archbishopricks , and several Bishopricks . ibid. Vses great Cruelties in Spain against Protestants . p. 280 Pius IV. called before , Giovanni Angelo de Medicis mounts the Pontifical Chair . p. 281 Reconciles himself to the Emperour , to whom he acknowledges his Predecessour had done wrong . ibid. Declares his design of restoring the Council . p. 282 Solicites the King of France to take Geneva . p. 284 Being afraid of a National Council , he resolves to call a General Council . p. 285 Forms the Bull of Convocation , and again chuses the City of Trent . p. 290 He sends Nuncio's to the Protestants to invite them to the Council . p. 293 Names the Legates who were to preside in the Council , and sends them away . p. 295 After many delays , at length will have the Council opened . p. 305 Is allarmed at the Attempts of the Spaniards , and is distrustfull of his Legates . p. 334 Is amazed at the Demands of the Germans proposed to the Council about Reformation , and thinks of providing for his own Security . p. 343 Receives an abstract of the Demands of the Germans and French concerning Reformation . p. 411 Is allarmed that the King of France sends the Cardinal of Lorrain to the Council . p. 419 Proceeds against five French Bishops suspected of Heresie , and against the Queen of Navarre . The King of France opposes it . p. 566 The Confirmation of the Council is demanded of him . All are not agreed in that . p. 575 He falls dangerously sick , which hastens the Conclusion of the Council . p. 580 The Council demands his Confirmation , about which some Prelates disagree . ibid. He confirms it by a Bull. p. 588 Some months after makes a Promotion of nineteen Cardinals , to reward those who had best served him in the Council . p. 590 Pool Cardinal who had been Legate in the first Convocation of the Council , is sent Legate into England . p. 252 He gives the Parliament of England Absolution p. 255 Is made Archbishop of Canterbury . p. 264 He dies the same day that Queen Mary died . p. 275 The Pope will not permit the Bishops to appear in Council by Proxy . p. 64 Popes have an aversion to any thing that bears the Name of Conference . p. 257 Have a Custom of changing their Names upon their Promotion to the Papacy . ibid. The Abbot Preval speaks freely as to the Popes Authority . What happened to him thereupon . p. 383 The Pope's Supremacy over other Bishops disputed . p. 423 The Minute of a Decree made at Rome concerning the Authority of the Pope and Bishops , rejected by the Bishops in Council . p. 457 and 465 The Emperour consults about important points relating to the Pope , and the Liberty of the Council . p. 481 The Pope absolutely rejects the Propositions of the French . p. 495 He obliges the Tribunal of the Inquisition to proceed against several French Bishops accused of Heresie . p. 497 Vid. Adrian . VI. Clement VII . Julius III. Leo X. Marcel II. Paul IV. and Pius IV. Predestination is handled , and the Council finding nothing to be censured among the Lutherans , condemns seven Propositions of the Zuinglians . p. 130 A strange opinion of Catarino about Predestination . p. 132 Precedence causes a Contest betwixt the French and Spaniards p. 509 , &c. and 516 , &c. Priests whether inferiour to Bishops . v Episcopacy . Single Life of Priests . p. 486 Protestants , whence they have that Name . p. 30 They present their Confession at Ausburg , and depart without any accommodation , though attempted . p. 32 Despise Decrees of the Imperial Chamber of Spire . p. 34 Assemble at Smalcalde . ibid. Nine Articles of Doctrine touching Original sin , which were imputed to them , are debated in the IV. Session p. 98 They have a War with the Emperour and Pope . p. 107 Their Army commanded by the Electour of Saxony , and Landgrave of Hesse . p. 110 They revenge themselves on the Pope . p. 111 Promise to submit to the Council at the Diet of Ausburg . p. 171 Prepare to send their Deputies to the Council . p. 196 Find a Contradiction in what was concluded about the Eucharist . p. 217 The Council will not hear them , though the Emperour had past his word for it . p. 230 Cruelties used against them in England by Queen Mary , in France by Henry II. and in Germany by Ferdinand King of the Romans . p. 256 and 257 They held their first National Synod in France . p. 278 Edict of July against them . p. 298 Protestations of Amiot Bishop of Auxerre , and Ambassadour of France , made in Council in Name of his Master . p. 198 Of the Spanish Ambassadour at Rome , made to the Pope against the Precedence of the King of France . p. 514 Of the French , against the Decree of the Reformation of Princes . p. 561 R. RAtisbonne a Diet held there , where sentence past against Luther p. 18 Reformation advances in Germany . p. 80 The Spanish Bishops vigorously bestir themselves for a Reformation , but without Success . p. 159 Reformation in Religion had probably advanced in Spain , had it not been for the care of Philip II. p. 281 The Execution of the Edict of Reformation in Germany causes great Troubles . p. 180 Twelve Articles tending to Reformation proposed by the Legates . p. 323 Nine Chapters of Reformation . p. 361 The Germans and Spaniards unite to set forward the work of Reformation . p. 403 The Presidents make a Collection of the Demands of the French and Germans for a Reformation , and send it to the Pope . p. 411 13 Articles of Reformation presented to the Council by Zavel a Spanish Doctour , against those of his own Nation . p. 429 Reasons shewing it impossible that the Demands which all made for a Reformation , should have any Success . p. 454 18 Articles of Reformation past in the twenty third Session . p. 539 The Decree of Reformation of Monks is reviewed . p. 577 Regulations made in several Points which are not liked at Rome . p. 177 Residence of Bishops proposed as a Point of Reformation . p. 113 A Dispute of the Divines upon that Subject . p. 137 In the third Convocation the Council enters upon the Point of Residence . p. 324 It is debated with extraordinary heat , whether it be of Divine Right . ibid. The Legates will not form the Decree of Residence according to the Plurality of Votes , and the Spaniards make a great bustle about it . p. 327 The Controversie about Residence is revived . p. 374 It is proposed again . p. 433 The Decree of Residence is framed , wherein it is not decided whether it be of Divine Right or not . p. 454 The last Debates about the Decrees of Residence and the Institution of Bishops , and the last Point is wholly laid aside . p. 534 S. SAcraments in general , Baptism and Extreme vnction in particular , are chosen for Points to be examined in the seventh Session . p. 144 A Dispute about the difference of the Sacraments of the Old and New Testament . p. 149 Sacrifice of the Mass . p. 366 Proofs to confirm it from Scripture are overthrown by Ataide a Portuguese Divine . p. 371 &c. Great Debates about the Question , whether Jesus Christ offered himself , when he instituted the Eucharist . p. 369 Salmeron the Jesuit speaks with great ostentation . p. 474 Safe-conduct granted the Protestants , but in such terms as did not satisfie them . p. 218 A New Safe-conduct ampler than the former is granted them . p. 239 The Duke of Savoy gives Peace to Piedmont . p. 296 Saxony . v. Elector & Frederick . The Ambassadours of the Electour come to the Council , and speak higher than the rest . p. 233 They have Audience of the Council . p. 238 The Scriptures chosen for the first matter to be examined in the Council of Trent . p. 81 Four Opinions about the Canonical Books . p. 83 Sebastiano Pighino Auditour of the Rota makes a considerable Overture for contenting the Bishops , without diminishing the Authority of the Holy See . p. 94 Seripando Cardinal dies at Trent , in the last Convocation of the Council . p. 492 Sessions of the Council . The First , 69. Second , 75. Third , 80. Fourth , 89 Fifth , 104. Sixth , 141. Seventh , 163. Eighth , 166. Ninth , 168. Tenth , 170. Eleventh , 192. Twelth , 196. Thirteenth , 214. Fourteenth , 229. Fifteenth , 239. Sixteenth , 245. Seventeenth , 311. Eighteenth , 320. Nineteenth , 337. Twentieth , 341. One and Twentieth , 361. Two and Twentieth , 391. Twenty third , 539. Twenty fourth , 569. Twenty fifth and last . p. 582 Simoneta Cardinal an able man in the Canon Law . p. 305 His way to break up Congregations , when matters went contrary to his Intentions . p. 353 Original Sin is handled in Council . p. 95 Nine Articles concerning that Point imputed to Protestants , are censured . p. 98 The Prelates understand not the Point , and know not how to make Decrees about it . p. 101 Soto . v. Dominico à Soto . Spaniards ignorant in matter of Antiquity . p. 356 Spire , the Place of the Diet wherein Attempts were used to divide the Protestants . p. 29 Sultacan a Patriarch of the East comes to Rome to render Homage to the Pope . p. 251 Suspicions entertained by the Court of Rome against the French . p. 304 The Switzers receive a Nuncio from the Pope , to invite them to the Council . p. 294 Synod . The first National Synod held by the Protestants in France . p. 278 T. THeodore Beza . v. Beza . The Thomists are divided about the Point of Grace . p. 128 Traditions no Point of Faith according to the Opinion of Anthony Marinier . p. 83 Trent named by Pope Paul III. for holding of a Council . p. 52 He sends Legates thither . p. 57 They arrive and stay there a long while alone . p. 59 Trivulcio Bishop of Thoulon sent Nuncio into France p. 186 Troubles that put a stop to all thoughts of holding a Council . p. 20 They are over , and Negotiations concerning matters of Religion begin again . ibid. V. VErgerio the Pope's Nuncio has several Conferences with Luther , and can neither prevail with him by reasons nor by promises . p. 43 Being drawn over by the Lutherans , at length declares himself , and turns Minister amongst the Grisons p. 84 He writes against the Decrees of the Council . p. 541 A famous Victory obtained by the Emperour over the Protestants . p. 169 W. WAR for Religion in Suisserland wherein Zuinglius is killed . p. 35 War declared by the Pope and Emperour against the Protestants : the Emperour gets great advantages , and deceives the Pope . p. 107 The Duke of Wirtemberg sends Ambassadours to the Council , who cannot have Audience . p. 228 Works that precede Grace examined , and Catarino's opinion concerning them . p. 118 Wormes a City upon the Rhine chosen for the Place of a Conference betwixt twelve Doctours of the Roman Church , and as many Protestants . p. 273 Z. ZAvel a Spanish Doctour presents 13 Articles of Reformation to the Council , against those of his own Nation . p. 429 Zuinglius stands up against the Collectours of Zurich in Suisserland . p. 7 His Reformation gains ground in Suisserland . Berne and Basil embrace it . p. 28 He is killed in the War for Religion in Suisserland . p. 35 Seven Propositions of the Zuinglians concerning Predestination condemned . p. 130 Zurich receives the Reformation of Zuinglius . p. 10 FINIS .