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A 
 
 TREATISE 
 
 O F 
 
 Eccleilailical Benefices 
 E V EN U E S. 
 
 ContaininsT, among; other very curious Particulars, 
 
 I. That the Church hath 
 been taught the Manner of Pof- 
 fefling and Adminillring her 
 Temporals, byJEsusCHaisT. 
 
 II. That ECCLESIASTICKS 
 
 becom.e too greedy in acquiring 
 Eftates, and that their Avarice 
 ought to be reftrained. 
 
 III. That the Bishops be- 
 coming Judges in Ci'-vil Affairs, 
 ntg'.edt to teach the DocStnne of 
 Christ. 
 
 IV. The Original of Tythes, 
 whether of Divine or Human 
 Right. 
 
 V. The Original Government 
 of the Churcli Democratical. 
 
 VI. Deteilable Popes and 
 prophane Bifuops defcribed. 
 
 VII. The Ulurpations of 
 feveral Bifliops upon the Tem- 
 porals of Princes. 
 
 VIII. The Original of Com- 
 mcndani:, &c. 
 
 Written Originally in Italia?:, 
 
 By the Learned Father PAUL^ 
 Author of the Hijlory of the Coimcil of Txtnt, 
 
 
 Tranllated by Tobias Jenkins Elqj 
 Late Member of Parliament, and Lord Mayor of Torh. 
 And Illuflrared with Notes by Him, and from the 
 ingenious Am E LOT de la Houssaye. 
 
 THE THIRD EDITION. 
 To which is prefixed, (never betore printed) 
 
 The LIFE of Father Paul, 
 
 By Mr. Lockman. 
 
 And a Preface, giving an Account oftlie Work. 
 
 WE^TMINSrER: 
 Printed for Olive Payne, at Horjce\ Head, in Round Court, oppofite 
 7~ork- Buildings in the Stravd; and Joseph Fox, at the Ha //■ Moon and 
 Si'ven-Stars, in WcfiminJier'Hall, M.DCC.XXXVI. ( Price_bound 5 i.) 
 

 ^-^ » V' 
 
-m ) 
 
 ■*■■» «« r^. r '^ 
 
 T O T H E ^^^ 
 
 Right Reverend the Bifhop 
 of IVinchefter. 
 
 My Lord, 
 
 Shoird not have prefum'd to 
 addrefs your Lord/Lip in this 
 publick manner, had I not 
 been fully perfuaded of the 
 Efteem you have for the learned and 
 pious Author of the cnfuing Treatife ; 
 whofe Memory has ever been revered 
 by Perfons who were themfelves emi- 
 nent for the Superiority of their Virtue 
 
 and Knowledge. 
 
 A 2 
 
 But 
 
iv D ED ICAriO K 
 
 But to your Lordfhip, who is fo much 
 diftinguifhed upon both thefe accounts, 
 he cannot but be particularly welcome, 
 from that Sympathy which is ever found 
 in the moft exalted Spirits. 
 
 Father Paiil^ tho' fo famous for the 
 feveral Talents which adorn the Soul, 
 all which were ennobled by the mofi: 
 amiable and moft refin'd Virtues, he 
 yet cou'd not efcape the Virulence of 
 Fadlion and Cabal: but thefe, fo far 
 from fullying his Chara6ler, only gave 
 it a purer Luftre; as the Shadows in 
 Painting fet ojff and illuftrate the Lights. 
 
 'Tis a happinefs to Society, when 
 Perfons of your Lordfhip's unbounded 
 Knowledge and Goodnefs rife to fo high 
 a Station in the Hierarchy. By the for- 
 mer, you are enabled to fhed fuch Ra- 
 diance, as will guide Mankind to thofe 
 things which ought to be their greateft 
 Concern ; and by the latter, you diffufe 
 a benign Influence, which does not a little 
 contribute to their Felicity in this Life. 
 
 But 
 
D EDICATIO N, v 
 
 But the Circumftance for which your 
 Lord f hip's Name is had in the utmoft 
 Veneration by the Virtuous, is that no- 
 ble Spirit of Liberty which is confpicu- 
 ous in all your V/ords, Writings, and 
 Actions. As this is the darling Charac- 
 terlftic of an Englijhjjian^ fo is it more 
 immediately that of your Lordfhip. 
 
 The Power with which you are fo 
 juflly invefted, fo far from inclining you 
 to exercife all the Rigours of it, ferves 
 only to enlarge your Humanity, and to 
 render the Influence of it moreuniverfal. 
 
 But as Envy has her Eye for ever open 
 on uncommon Merit, your Lordfliip 
 muft not exped: to efcape her malignant 
 Glances. This has been the Fate of all 
 illuftrious Men in every Age from Socra- 
 tes to Father PaiiU and will continue 
 to be fo to the end of the World. 
 
 However, thefe Attacks are as fo many 
 Vapours, which tho' they obfcure the 
 Sun for a Moment, they yet mufl: blow 
 off, and make way for the triumphant 
 Planet to reveal himfelf in all his Splen- 
 dors. 
 
 A 3 The 
 
VI DED ICATIO N. 
 
 The Parallel, on this Occafion, will 
 always hold with your Lordfhip, whofe 
 Humanity muft be put to a frefh Tryal, 
 by the Liberty I have taken to grace 
 the following Sheets with your Name, 
 without firft deflring Leave for that pur- 
 pofe. But the Reafons I gave in the 
 beginning of my Epiftle will, I flatter 
 my felf, plead my Apology in fome 
 meafure; efpecially when 1 afllire you, 
 that no one can be with greater Vene- 
 ration, 
 
 MY LORD, 
 
 YOUR LORDSHIP^* 
 
 Moji Oiedient Servant. 
 
tvii) 
 
 PREFACE 
 
 ^^p^H F all the Compofitiom of Father Paul, none 
 J / ,v -^A Y' Ij^c^^ moy^e jlrongly invited the Curio fit y 
 of the Public^ than his Hijiory of the 
 Council oiTn^ntyaJid the prefent T'rea- 
 ///? ^Beneficiary Matters. Ihe 
 SubjeBs of both thefe Works were extre?nely important ; 
 and no one was abler to write on both^ than the 
 learned Author who was pleas' d to undertake 'em. 
 
 'The important F oft he was raisd to\ ihe great 
 Tranfa6iions he was cone er rid in for Jo ma?iy Tears ^ 
 and the high Regard which the Senate of Vmict paid 
 to his Opinions, in all Matters relating either to 
 Church or State ; fuffciently prove how capable he 
 was of writing on what forms the SubjcB of the 
 following T'reatife. Fra. Fulgentio fiys of Father 
 Paul J Coia rnirabile era, chc non folo fapeva 
 della ragione Canonica le leggi e decreti, ma fa- 
 pevai tempi che ciafcunode' Canoniera ftato fatto, 
 ifonte onde erano cavati, lacaufa ch' aveva moflb a 
 fargli: * i.e. " 'Twasf prizing that he was not 
 " only perfeBly acquainted with the Cajion Law-, 
 
 A 4 '^ but 
 
 * Vita del Padre ?aolo, pag. 39 Anno 1658. 12®. 
 
viii PREFACE. 
 
 " but alfo knew the Period in ivhich every one of 
 " thofe Laws was made; the Fountains whence they 
 *' were drawn^ and the Caufe for which they had 
 " been enabled." And ajterwards^ Nella materia 
 beneiiciale, cosi intricata, cosi moltiplice, cosi 
 varia, iapeva tutte le raggioni controverfe, i pro- 
 greffi, le rnutationi, e alterationi. Ma a quefla 
 theorica porto da Roma tutta la prattica di quante 
 Congregation! e Tribunal! vi Ibno, le loro for- 
 miile, iloro procederi. * i.e. " //z Beneficiary 
 *' Matters, which are fo intricate and various^ 
 " he knew all things which are doubtful and con- 
 " troverted-y as well as the Progrefs^ and Alte- 
 " rations that have happened in them. But he 
 ■*' joind to this 'Theory^ the Pra5fice which he 
 ■*' brought from Rome, of the U/ages and Pro- 
 '*^ ceedures c'f the various Congregations and 'Tribu- 
 " ?jals eftabrf:ed in that City." 
 
 'T:he Treat if in qiieftion is not only very inftruc- 
 tive^ but at the fame time entertaining^ by the 
 'great number of hiflorical FaBs with which it is 
 interwoven. 
 
 We are very much obliged to Mr. Amelot de la 
 Houflaye, (who firfi divided this Work into Chap- 
 ters) for the great Pains he took in illujlrating the 
 whole with Remarks. On this occafion he delivers him- 
 felf as follows: " As for my ownNotes and Obferva- 
 " tions^ Ifattermyjelfthat they will meet with a fa- 
 " vourable Reception from the Public ; fich a Recep- 
 " tion,I tnean^ as is due to I'ruth ; feeing they are a 
 *'■ Verification of all the Facis which Father 
 " Paul relates; and which at thejame time ferve 
 
 " aS: 
 * Vita del Padre ?W(7. pag. 39. Anno 1(658. 13^. 
 
PREFACE. ix 
 
 <7J Authentic Proofs of his Integrity^ mid 
 of his having aferted nothing for which he had 
 ?2Qt fuficient Vouchers.- — When we look ifito the 
 Hijlories of Matthew Paris, Platina, Panvi- 
 nius, (t;^(^Baronius, and find what is there re- 
 corded of /ome Popes 'y Father V'ixuXy who?n Car- 
 dinal Pallavicino treats as an hnpoflor^ andojie 
 who profefedly vilifies all Popes^ will be allowed 
 to exprefs himfelfwith great Modefiy of fome of 
 V;;?, and particularly o/" Innocent IV. m6o is 
 defer lb ed by all Writers antient and inodern, as 
 a roaring Lion^ whoje only Endeavour was to de- 
 vour all the Benefices that came within his reach. 
 And when we read that Thomas Aquinas, 
 Cardinal Cajetan his Commentator^ with ?nany 
 other great Divines and I^awyers^ determine fa 
 very clearly., that the Pope is not the Proprie- 
 tor of the 'Temporalities of the Churchy but onh 
 the principal Dijpc/er of 'em ; Father Paul mufi 
 not only be allowed not to have embracd this 
 Opinion from any Motives of Hatred to the Popes,^ 
 but from a Senfe of it's being conformable to the 
 T)o5lrine of the Fathers and the facred Cajions" 
 We may add^ that the Integrity and Piety which ap- 
 peared in all the Anions of Father Paul, maniffl- 
 ly fJjow, that he was animated in all his Writings, 
 by no other Principle but Truth \ and that none of 
 them were the rejiilt of Prejudice or Refentment. 
 The learned Tranflator in quefiion concludes his Pre- 
 face thus : " Whoever reads what Matthew Pa- 
 '* lis tells us of the famous Robert Bijhop ofh'm- 
 ?' colnj a?id of Jeveral Archbijljops of York, who 
 
 " were 
 
 * Vide the Notes on Chap. 35. 
 
X PREFACfe. 
 
 " were cruelly treated by the Popes Innocent IV. 
 " and Alexander IV. * will find a very near Re- 
 *' femblance betwixt the Perfe cut ions raisd again/t 
 " thefe two Bijloops j and that by Pope Paul V. 
 " againfi Father Paul, who defended much the 
 *^Jame Caufe." 
 
 As the Notes of Mr. Amelot de la HoufTaye 
 are fo great an Illuftration of the Work^ and have 
 had the Approbation of all the Learned^ it woud 
 have been a manifefi Injury to have deprived our 
 Readers of'em\ and for that reafon we have infert- 
 ed thetn all. Ihe i'ranfiator of the enfuijig Trea^ 
 tife, the late Tobias Jenkins Efg-y whofe Learning 
 and Abilities are well knowji^ having alfo added 
 fever al ufeful Remarks ^ we have interfpers'd thejn 
 with thofeofthe learned Frenchm2inaboveme?2tiond. 
 There is another Book, entitled, the Hiftory of 
 the Origin and Progrefs of Ecclefiaftical Reve- 
 nues, imder the fiBitious jzame of ]txom a Cofta* 
 But this TraB is now univerfally allowed to be' 
 triflings in comparifon of that of Father Paul; and 
 a very learned hawyer [peaks of the former in the 
 following Terms : The Hiftory of the Original and 
 ProgreS of Ecclefraftical Revenues by Jerom d Co fid 
 is only a repetition of all that has been laid in the 
 Treatife of Benefices by the very learned Father 
 Paul, tho' Jerom a Cofia wou'd have his be con- 
 lider'd as a Supplement to it. He indeed fpeaks 
 of the Origin of private MaiTes, and of the Pri- 
 vileges called the Monarchy of Sicily, which 
 Father Paul does but jufl mention ; but theie 
 Particulars, with fome others which he treats of, 
 are but little to the purpofe: not to mention, 
 * Vide the Notes in Chap. 35. that 
 
PREFACE. xi 
 
 that he often draws his Proofs from a Cartiikry 
 (Records)offomeparticularMonafl:ery,from which 
 no general Conclufion can be made. So that all 
 who have read Father P^z//'s Treatife on Bene- 
 ficiary Matters, will not find any thing new or 
 different in that of yerom a Cojia, except a great 
 deal of Confufion: For that Work is fo ill 
 digefted, that the chief Aim the Author feems 
 to have had in View, was, to deftroy the admi- 
 rable Method which Father Paul has obferv'd 
 throughout. 
 
 T<? the prefent Editioriy we have prefix d the 
 Life of Father Paul j the chief motive of which 
 was, it's not having yet appear d to advantage in 
 Englifhj the former ones being incorreSi either in 
 the Style or Matter, or both. 'The Perfon who has 
 drawn up the following Life, defires us to ajjiire the 
 Public, that he has been as accurate as the time 
 he could befiow upon it would admit -, and has ex- 
 traBed from the learned Fra. Fulgentio all fuch 
 Particulars as he judged mo/leff'ential. 
 
 We certaitily have great Obligations to Fulgen- 
 tio yor the curious, enter tainiiig and inftruulixe 
 Life he has given of Father Paul 3 the only Fault 
 of which (if it be not Ingratitude to make fuch an 
 ObjeBion) is, that there are feme Repetitions, and 
 that the Order of it is not quite perfe6l. Mr. Bayle 
 in Remark "D, cit at i 07111, of the Article Ancil- 
 LON (David) exprefjes a great efiee?n for this Life 
 by Fra. Fulgentio^ he calling him the accurate and 
 faithful Writer of Father Pauh Life. An ijige- 
 nious French Writer obferves, that " if Father 
 " Paul has left Jbm? Reputation, by his. excellent 
 
 ii y/'r-itings^ 
 
xii PREFACE. 
 
 ** Writings ^Fr a. 'Fi\\^t\'\t\c)dtjcrves a proportionable 
 *' Efteem^ for the Dcjcripiion he gives of one of the 
 ^^ great eji Minds; and for the particulars he re- 
 *' lates of one of the moji illujlrious Perfonages that 
 '* are to be found in Hijiory .... I'hoje who knew 
 *' FatherY-iccX andFra. Fulgentio, are le?yible that 
 *-' the Sa7i5fity of the Friendjhip which united them, 
 ^'^ formed one of the grcatef P leafures of their inno- 
 *' cent Lives j that Fra. Paolo did not conceal a 
 ^'' fmgle F'hought from Fulgentio; and that Fra. 
 *' Fulgentio, in the deference he had for Father 
 " Paul J knew the great Ffieem which his AB ions 
 ^^ juftly merited. T^his Friendfiip had made fo deep 
 *•■ an Imprefjlon on the former^ that he could never 
 *' be prevailed with to difguife the Truth; tho he 
 " was a Member of a religious Conununity, and 
 *' livd in a Country where Error and Super flition 
 *' have, for fever al Centuries, banijFd Truth''' 
 
 'Tis pity Mr. Bayle did not draw up that Life 
 as he had promised; for then Father Paul would 
 have appear d in all the Lujire which his great 
 Talents fo juftly ?nerit. Amelot de la HouiTaye, 
 in the Preface abovemcntion d, fays. Father Paul 
 having had three Cardinals, of the greateft 
 characler for Learning, his Adverfaries during 
 his Life, and a fourth after his Death ; he never- 
 thelefs had the honour to be acknowledged the 
 befl Writer of his Age : and if I miftake not, 
 2S well as many others, this Treatife (the HiJlory 
 of Ecclefiafical Benefices and Revenues) will not 
 contradidf this Opinion. 
 
 The ano?7ymous French Writer, whom I quoted 
 abjove,Jpeakingof Fra. Fulgentio'j Life of Father 
 
 Paul, 
 
PREFACE. xlii 
 
 Paul, fays, After the facred Writings, very few 
 Books prefent us with the Pidure of a Life that 
 approaches nearer to Perfedion ; and ccnfequent- 
 ly no Book ought to be more familiar to us, 
 fince it may ferve as a Guide on a multitude of 
 Occafions. The Character of the Perfon who is 
 reprefented in it, exhibits fo much Learning, 
 Piety, Humility, Charity and Fidelity towards 
 God, towards his Country, and towards every 
 Individual ; that thefe Particulars wou'd appear 
 almoft a Fable, had they happen'd in Ages 
 very remote from us. But as they were tranfaded 
 not much above a Century ago 3 and are written 
 by an Author of unqueilion'd Veracity j we may 
 believe that he did not exaggerate in fpeaking 
 of the Virtues of his Hero, nor employ Ar- 
 tifice to cover his Defeds. Were we allowed 
 to make a Comparifon between this excellent 
 Man and thofe Heathens whofe Virtues have 
 been fo highly applauded, we might affirm that 
 Socrates, Cato and Phocio?i, and all the Sages of 
 Antiquity put together, did not exhibit fo much 
 Virtue. ... I am afraid that fome Perfons will 
 be offended at feeing fo many Intrigues difcover'd 
 in this Work, as well as Examples of Avarice 
 and Ambition, in Perfons who, by their Pro- 
 feffion, ought to have led exemplary Lives; how- 
 ever, this can difpleafe none but wicked Men and 
 Hypocrites: and 'tis necellary that the World be 
 inform'd of Things, which they would have bu- 
 ried in everlafting Silence. . . .It may be further ob- 
 ferved, that we Ihould always prefer to unjuftPre- 
 judices andPaffions, the reprefenting of Truth in 
 
 her 
 
XIV PREFACE. 
 
 her genuine Colours, in order to juftify the ex- 
 cellent Father Paul-, and to fhew, that he was 
 a faithful Citizen, notwithftanding all the Calum- 
 nies and Impoflures of thofe who reprefent his 
 moil innocent Adlions and moft uncorrupt Opi- 
 nions, as Crimes and Errors. In a word, if any 
 one is dilpleas'd at reading his Life, his refent- 
 ment proves the Reproaches of his Confcience ; 
 and if he cannot fuffer Virtue to be applauded, 
 and Vice to be detefled, he ought not to ao- 
 cufe any one but himfelf. Juftice obliges us to 
 give the requifite Elogiums to the Merit and In- 
 nocence of Father Paidy as the Cabals and evil 
 Arts which are here taken notice of, defer ve e- 
 
 ternal Infamy Kings, Republicks and Minif- 
 
 ters of State ; in a word, Ferfons of allConditions, 
 will here meet with Maxims, of advantage to 
 the Reformation of Manners, conformable to 
 Religion and difmterefted Morality j and fucli as 
 may prom.pt 'em to confine their Thoughts with- 
 in the bounds of Reafon and Equity. 'Tis 
 icarce pofTible for any Perfon who reads this Life 
 attentively, and without prepoflefiion, not to 
 make fome Improvements both in Knowledge 
 and Goodnefs. The horror of the Vices repre- 
 fented in it, will naturally excite our abhorrence 
 of 'em; as the Virtues difplay'd in it will charm, 
 and prompt us to Imitation. 
 
 And in another place : '■^ 'The hear n'uig that 
 '^ fiines withfo much Lujire in all Father Paul'j 
 " Works y that Strength of Mind and 'J iidgment 
 " which jurpriz'd all who had the happinefs to 
 *' kiiow him, and enjoy the Pleajures of his Con- 
 
 ^ 'verfation; 
 
PREFACE. XV 
 
 ** 'verfation j are infallible Proofs of the Truth of 
 ** the Incidents related concerning Him^ by Fra* 
 ** Fulgentio. . . . The Life of Father Paul ?nuji 
 ** therefore be 'very acceptable to all whofe Ta/le is 
 *' exquifite enough to judge of its Excellencies. I 
 *' need not mention the many examples of chrifiian 
 ** and moral Virtues which are there fet forth ^ 
 ^' or the exalted and heroic A5ls of a Man, who 
 "from his Touth, having fpent his whole Life in 
 *' a Retirement, where Ignorance arid Corruption 
 " feem to have ejiablijh'd their Reign, fiould 
 ** naturally have contracted the very oppofite ^a~ 
 I' litiesr 
 
 To conclude : As we have fpard no Fains for 
 the Improvement of this third Edition, we hope 
 that it will meet with a favour able Receptionfrom 
 the Public, 
 
^^. .. ,_ ^ -^ ^ . fe 
 
 " ■ 'i ■ ■ • ■> ' ' i - ' ^ '. j < " 
 
 CONTENTS 
 
 O F T H E 
 
 CHAPTERS. 
 
 1. 
 
 C H A P. I. • /^^g*- I. 
 
 JESUS Christ teachech his Church the Manner of pof- 
 feffing and adminiftring her Temporals. 2. Judas his 
 Abufeot the Alms he had to diftribute. 3. He fells his Ma- 
 fterj and after infiidb his own Punifliment on himfelf. 
 
 CHAP. ir. page 3. 
 
 . The Goods in common in the Church of Jerufakm. 2- 
 
 The perfect Dilintercftednefsof the firft Chriftians, 3. The 
 
 firft Change v/hich happened in the Government of this 
 
 Church. 4. The Stojday Offerings. 
 
 CHAP. III. page 5. 
 
 The Apoftles difcharge themf^lves of the Charge of diftri- 
 buting the Alms. 2. Tnffitute other Officers called Dea- 
 cons, who take upon them the Charge. 3. The Minifters 
 of the Church chofen by all the AfTembly of the Faithful. 
 4. Maintained out of the fame Alms with the Poor. 5. The 
 rich Churches fent Alms among the poor ones. 6. The 
 Riches of the Church o^ Rome. 7. A Temptation to the 
 Avarice of the Emperors. 8. St. Laurence prevents Dm»/. 
 9. The Church perfecuted for her Riches. 
 
 CHAP. IV. page 8. 
 
 . The Minifters of the Church ceafe to live in common. 
 
 2. And to be theDiftriburers of the Alms. 3. GOD pu- 
 
 nifl-veth them with a great Perfecution. 4. Why the Church 
 
 a in 
 
xviii CONTENTS. 
 
 in its Infancy had no immoveable Eftates. 5. Lkinius per- 
 mits her firft a Faculty of acquiring. 
 
 C H A P. V. page ii. 
 
 1. At firft the Goods that were given to the Church, were not 
 dedicated to any particular Service. 2. Immunities granted 
 to the Ecclefiafticks. 3 . Why Princes grant no more. 
 
 CHAP. VI. Paget'^, 
 
 J. The Ecclefiafticks become too greedy in acquiring Eftatey. 
 2. Their Avarice reftrained by Princes. 3. Widows forbid 
 to «^ive or bequeath immoveable Eftates to the Churchmen. 
 J.. ^t.Auguftin difapproves Gifts made to the Church in pre- 
 judice of the legal Heirs. 5. Wiftieth that the Ecclefial^ 
 ticks had no other Eftates than the Tenths. 6. The Riches 
 of the Churches of Antioch and Jerufalem. 
 
 CHAP. VII. page 17. 
 
 I. The Bifhops of the Weft begin to abufe the Goods of the 
 Church. 2. Divifion of thefe Goods into four Parts. 3. 
 Falfly attributed to Pope Sihefier. 4. The Revenues were 
 divided, but not the Eftates or Funds which yielded them. 
 5. Bifhops were ordained by their Metropolitan, inprefence 
 of the Biiliops of the Province. 6. They could not ordain 
 any Prieft, without the Agreement of the People. 7, Nor 
 chufe a SuccefTor, without the like Confent. 
 
 CHAP. VIII. page 21. 
 
 The Original and Progrefs of Monachifm. 2. The Monks 
 were no more than Laymen. 3. The Churchmen no longer 
 in the Peopless favour, when they ceafed to live in com- 
 mon. 4. The good Ufe made by the Monks of the Peo- 
 ple's .Alms. 5. They chofe their own Abbots. 
 
 CHAP. IX. page 24. 
 
 Bifhopricks follicited and fought for. 2. Princes begin to 
 meddle in Elc6lions of Bifliops, for Reafons of State. 3 . The 
 Emperor's Confirmation neceffary to the Confecration of 
 the Pope and Billiops. 4. The Kings of France become 
 abfolute Collators ot all the Bifhopricks. 5. The Bifhops 
 exclude the People from the Eledion of Priefts, Deacons, 
 and other Minifters of the Church. 6. The Biftiops be- 
 coming Civil, Judges neglect to teach the Dodtrine of 
 Christ. 7. And in feme places defraud the Fabrick of 
 the Churchj and the Poor, of their Shares. 8. Every Ec- 
 
 Lcle- 
 
 1. 
 
CONTENTS. xix 
 
 defiaftick begins to have his feparate Share. 9. Yet the 
 Eftates and Funds continue united, and managed ftill by 
 the Deacons and Sub-deacons. 10. The Church Eftates 
 called Patrimonies. 11. Every Church called her Patri- 
 mony by the Name of her Patron. 12. The Church E- 
 ftates paid Tribute to the Prince. 
 
 CHAP. X. page 31. 
 
 I. The Cathedral an Acknowledgment paid by the Curates 
 to theBifhops. 2. The Eftates and Funds divided. 3. Af- 
 ter the Divihon called Benefices. 4. In France the Majors 
 of the Palace affume the Right of chufing the Abbots. 
 5. The Monks withdraw from the Jurifdidion of the Bi- 
 fhops. 
 
 CHAP. XI. pageT,^. 
 
 1. The Bifliops and Abbots of 'France pofiTefs themfelves of all 
 
 the Ecclcfiaftical Eftates, to equip themfelves for the Wars. 
 
 2. The Original of Tythes. 3. Pretenfions and Claims of 
 
 Curates. 
 
 CHAP. XII. page 38. 
 
 ». In Italy no Prieft was ordained without fome particular Mi- 
 niftry in the Church aftigned him. 2. The Original of 
 Cardinals. 3. At firft inferior to Bifliops. 4. Innocent W. 
 the firft Pope who diftinguiflied them by any Marks of Ho- 
 nour. 
 
 CHAP. XIII. page 42; 
 
 I. Ecclefiafticks without Office or Benefice. 2. TheBiftiops 
 who ordained them obliged to maintain them. 3. TiiC 
 Caufc of the Increafe of thefe Ecclefufticks. 4, The Peo- 
 ple's Refped lefTened towards the Church. 
 
 CHAP. XIV. fagc 44. 
 
 1. Titular Bifhops. 2. The Pope always p.fligns them fomc 
 
 Benefices. 3. Whether the Pope can ordain Bifliops without 
 
 any Title, true or falfe. 4. The Abufe of Non-rcfidence 
 
 fprung from ordaining Vvichout Title or OfHcc. 
 
 e H A P. XV. page 4(J. 
 
 1. The Ecclcfiaftical Reformation wrought by Charlemaign. 
 
 2. Ill obferved after his Death. 3. The Pope did not ad 
 
 as fach till he received the Emperor's Confirmation. 4. N>- 
 
 ihiUi IL ordained the contrary. 5. The Pope doth not 
 
 a 2 date 
 
XX CONTENTS. 
 
 date from the firft year of his Pontificate, until he be 
 crowned. 6. Whether the Pope have the Poniifical Autho- 
 rity before his Confecration. 7. Whether there ought to 
 be reckoned ten Stephens for Popes, or onJy nine. 
 
 CHAP. XVr. page 52. 
 
 I. The fird Government of the Church was democratical- 
 
 2. The Provincial Synods were held twice every Year. 3. 
 The Church Confiflory, which was held every Day. 4. The 
 Epifcopal Confiftory compofed of Canons of every Cathe- 
 dral Church. 
 
 CHAP. XVir. page 55. 
 
 1. The Bifhops employed by the Princes in State-Affairs, and 
 in Civil Government. 2. From whence hath proceeded the 
 Ecclefiaftical Jurifdidion. 
 
 CHAP. XVIII. page 56. 
 
 I. The Ecclefiaftical Statutes of Charlemaign negledted. 2. 
 The Pope and the other Bifhops of Italy take care to get 
 themfelves confirmed by the Emperor. 3. The Papacy is 
 a Benefice [vviih a Witnefs.] 4. Formerly all Bifhops were 
 called Popes and Summi Yonttjiccs. 5. Gregory Vil. took 
 from the Bithops the Name of Pope. 
 
 CHAP. XIX. page 59. 
 
 I. The Invention of the Contradt called Trecaria in France 
 
 increafed exceflively the Temporals of the Churches. 5 . De- 
 
 teflable Popes. 3. Prophane BiOiops. 4. Canons and 
 
 Laws of the Church facrificed to Avarice. 
 
 CHAP. XX. page 6^, 
 
 I. The Excommunications employed by the Bifliops to defend 
 or recover their Temporals. 2. Terribly apprehended by 
 thofe guilty of the mofl enormous Crimes. 3. Numbers 
 of People make themfelves Feudatories of the Church, to 
 defend their Eftates from the Rapacioufnefs of the great 
 Men. 
 
 CHAP. XXI. page 66. 
 
 1. Whether the Ecclefiaftical Goods be pofTefTed by divine or 
 
 human Right. 2. Whether theTythesbe of divine Right. 
 
 3. Whecher the Tenth of Labour, Trade, &c. be due 
 from Seculars to the Ecclefiafticks, 4. Whether Benefices" 
 
 be 
 
CONTENTS. xxi 
 
 be of divine Right, or poficive. 5. Who is the Proprietor 
 of the Ecclefiaftical Goods, the Pope, or the Church. 
 
 C PI A P. XXIT. page 79. 
 
 I. The frequent Changes of the Princes in Italy, theCaufe of 
 great Diforders in the Affairs of the Church. 2. Pope 
 yohnXU. dcpofed by the Emperor. 3. The People of 
 Rome give up their Right of creating the Pope. 4. Divers 
 Popes chofen tumultuoufly. 5. The three Otho'sy Empe- 
 rors, gave the Inveftitures of the Bil]"iopricks and Abbies. 
 
 6. Their Succeffors nominated alfo to the other Beneiices. 
 
 7. The People of Rome recover again for a time the Eleftion 
 of the Popes. 8. The Emperor He?iry II T. chafcth three 
 Popes away, who reigned together, and depriveth the Peo- 
 ple of the Power of chafing another. 9. An Artifice of 
 a Pope to bring back the Eledtion ioi\\QRo?na7ts. 10. The 
 fame Emperor maintains his Right all along. 
 
 CHAP. XXIII. page %6. 
 
 I, This Right is weakened by a Conftitution of Nicholas II. 
 2. The Emperor Henry IV. refufeth to confirm a Popecho- 
 fen by the People of Rome. 3. Is cited to Rome on an Accu- 
 fation of Simony. 4. Gregory IV. forbids him to name any 
 more to the Bifhopricks or Abbies. 5= The War betwixt 
 them. 6. Robert King of Sicily declares for the Pope. 7. 
 The Original of the Right called the Monarch of Sicily. 
 
 8. Henry IV. Emperor, deprived of the Empire by his own 
 Son. 9. PafchalU. refufedi to crown Henry V . if he re- 
 nounce not the Inveftitures. 10. Hejiry makes the Pope 
 Prifoner. 11. The Agreement betwixt them of fhort con- 
 tinuance. 12. Henry excommunicated by three Popps. 
 13. Renounceth the Invefticurcs. 14. The Judgments made 
 upon this Renunciation. 
 
 I. 
 
 CHAP. XXIV. page9S. 
 
 The King of Frafue conftantly preferveth the Right of no- 
 minating to BiHiopricks. 2. The King of England main- 
 taineth the fame Right againft the Archbifhop o( Canterbury. 
 3. The Pope at lentrth remaineth Mafter of the Nomina- 
 tions to all the Benefices of this Kingdom. 4- Sc. Berjiard 
 prevails with the Emperor Lotbariui to defift from his De- 
 mand of the Inveftitures. 5. The Regale keeps its ground 
 in France in fpite of the Popes. 6. The Popes employ Wri- 
 ters lO prove, that the Collations of which Princes are pof- 
 
 a3 f cflT 
 
xxii CONTENTS, 
 
 fefled, are Conceflions from the Holy See. 7. A Fault in 
 Princes nor to oppofe them. 8 .Boftrface VIII. irieth to make 
 the King of France renounce the Regale. 9. The Preten- 
 fions of the Popes to a Power of revoking the ConcefiTions of 
 their Predeceff.->rs. 10. The Means whereby the Popes elu- 
 ded the King's Nominations to Benefices. 1 1 . The Prudence 
 of the King; of Spam-^ in not coming to Extremities with 
 the Popes. 12. The Chapters chufe their Bifliops, and the 
 Monks their Abbots. 
 
 CHAP. XXV. page 107. 
 
 X . The Ufurpations of feveral Bifliops upon the Temporals of 
 Princes, a. Many Secular Eftates become Ecclefiaftick. 
 
 CHAP. XXVI. page 108. 
 
 I. The Monks lofe the Veneration of the People, by intruding 
 themi'elves into the Affairs of State and War. 
 
 CHAP. XXVII. page 109. 
 
 I. The Croifades. 2. The Popes and Bifhops make ule of 
 
 them to encroafe their Temporals. 3. The Military Orders. 
 
 ^' CHAP. XXVIII. pag 113. 
 
 I. Perfonal Tythes exaded by the Ecclefiafticks. 2. Bulls of 
 the Popes Alexander II. Alexa-fider III. and Celejiine III- 
 concerning Tythss. 3. The Canonifts outdo all the Pre- 
 tenfions of the Bulls. 4. Difference betwixt the Curates 
 and their ParifKioners. 5. The Bull oi Innocent III. to re- 
 concile them. 
 
 CHAP. XXIX. page 116. 
 
 I. Gifts of publick Sinners and infamous Perfons received by 
 the Churchmen, in fpight of all the Prohibitions made by 
 the Canons. 2. The feditious Dodrinc o^ Baronius againft 
 the Princes. %. The beft Popes have been made by the 
 Princes. 
 
 CHAP. XXX. page 11%. 
 
 I. The Ecclefiafticks hav* done themfelves wrong, in making 
 Princes be deprived of the Right of Inveflitures. 2. The 
 Pope difpofed of no more Benefices than what belonged 
 to the Diocefs of 'Rome. 3. The Complaifance of the Bi- 
 fliops for his Recommendations makes him become Mafter 
 of* moft of the Collations of the other Benefices. 4. The 
 DiocdTes filled with foreign Clergy. 5 . The Popes take 
 ' ' I . upon 
 
CONTENTS. xxiii 
 
 upon them to difpenfe the Canons with a Non-obfiante^ 
 6. ThefeAbufes detefted by St. Ber7iard. 7, Expedtatives 
 granted and revoked by the Popes, to fqueexe more Money 
 out of thofe who obtained them. 8. An Invention where- 
 by they drew to themfelves the Collation of the Bilhopricks 
 and Abbies. 
 
 CHAP. XXXr. page 126. 
 
 1. The Court ofRovte concerns itfelf with the Eleftions made 
 by the Chapters and the Monafteries. 2. Gregory IX. makes 
 a Pontifical Code called the Decretals. 3. The Popes have 
 fince made Regulations, which carry the Pontifical Autho- 
 rity yet much higher. 
 
 CHAP. XXXII. page 128. 
 
 |. The great Concourfe of Ecclefiaflicks to ZJow^, introduceth 
 the Abufe of not refiding. 2. Alexander III. commands 
 Refidence to Beneficiaries who have Cures of Souls. 3 . la 
 the Primitive Church all Benefices obliged to Refidence. 
 4. The evafive Interpretation of Beneficium datur propter 
 Offcium. Pope Honorius IIL exempts from Refidence all 
 who are in the Pope's Service. 6. The Abufe of perpetual 
 Vicaridges. 
 
 CHAP. XXXIII. p^£<:il%: 
 
 I. The Diftin6lion betwixt Benefices compatible and incom- 
 patible. 2. What are declared by the Canonifts to be Ne- 
 ceflTaries for the Subfiftence of the Beneficiaries. 3 . What 
 to one who is a Gentleman. 4. To a Bilhop. 5. To a 
 Cardinal. 6. John XXII. applies a deceitful Remedy to 
 the Plurality of Benefices. 7. Whether the Difpenfation*. 
 of the Popes obtained without lawful Caufe, be valid before 
 GOD. 
 
 CHAP. XXXIV. pagfilS- 
 
 I. The Union, its Original. 2, Its Abufe. 
 
 CHAP. XXXV. page 141: 
 
 I. The Commendam-, its Original. 2. The Pope limits the 
 Continuance of it to fix Months, without fubjedting him- 
 felf to the Rule. 3 . At length gives a loofe, and confers 
 Commendams for Life. 4. The Canons evaded by the Com^ 
 mendams. 5. The Eaftern Church hath not fuffered the 
 Popes to gain ground upon the Benefices. 6. The Eaftern 
 Church I^th often brought it into difpute, whether the 
 
 a 4 Pope 
 
xxiv CONTENTS. 
 
 Pope have a Right to difpofe the Benefices of other Dio- 
 cefles. 7. The Clergy of 'England oppofe thefe Nomina- 
 tions. 8. The Chapter of Ijyom raifech the City againfb 
 IvKOcent IV. who would have given fome Canonries to his 
 Kindred. 9. The BilTiop of Lincoln makes Head againft 
 this Pope. 10. Appears to him after his Death. 11. The 
 Archbifliop of York oppbfes Alexander IV. with the fame 
 Conftancy. 12. Clement IV. makes a Bull which tends to 
 the Ufurpation of all the Collations of Benefices in Chriften- 
 dom. 13. St. Lf'avV King o^FrancCy in oppofition, publifh- 
 eth his excellent Pragmatick. 14.. His Death, and the Inte- 
 reftof theHoufc of W«7o« hinders the Execution of this Or- 
 dinance. 15. Boniface VIII. inferteth the Bull of Cleinent 
 into the Decretals. 16. Clement V. purfuant to this Bull, 
 pretends the Pope is abiblutc Proprietor of all the Benefi- 
 ces, 17. The Canonids hold this Doctrine for an Article 
 of Faith. 18. And endeavour to prove that the Chapters 
 have receiv'd the Right of Eledlion, and the Bifhops that of 
 conferring the Benefices of their DioccfTes, both from the 
 Pope. 19. A-nfelm Bifhop of hucca contradidls them in ex- 
 prefs Terms. 20. There is reafon to fay, that the Popes 
 iince Gregory VI F. have put the Churches into Servitude. 
 
 CHAP. XXXVr. page 160. 
 
 J. The Prohibition toalienate the Goods of the Church direft- 
 ly contrary to the Ufage of the Primitive Church. 2. Tem- 
 poral Riches have taught the Bifhops to wafte and diflipate, 
 inftead ot diipenfing as they ought. 3. Leon^ Emperor of 
 Confiantinople^ forbids the Ch arch to alienate. 4. A Prafec- 
 tus Pretoria forbids the fame to the Church of RQfne. 5. 
 The Pore Si?'!7nacus hkh, that Seculars have no Right to or- 
 dain r.ny thing in the Churches. 6. Juftinian the Emperor 
 permits the Goods of the Church to be alienated for Relief 
 ofriicPoor, and Redemption of Chriftian Slaves. 7. In 
 former times the Temporals of the Church were in the firft 
 place employ 'd in U(e: of the Publick. 8. At this day it i 
 not permitted to the Churches to alienate but for an evident 
 Advantage, 9. Thus the Poor have no more to hope 
 from the Churchmen. 
 
 CHAP. XXXVII. page i6j. 
 
 I. The P,.efervations. 2. Rcftrained by Gregory X. 3. A 
 little enlarged by Clewefit V. 4. The deceitful Bull o? johz 
 XXII. 5. His Skill in mi^Jtiplying the Proviiions of bene- 
 fices. 
 
 CHAP. 
 
CONTENTS. XXV 
 
 CHAP. XXXVIII. page ijo. 
 
 I. The Annates. 2. Whether it is permitted to Princes to re- 
 ceive by way of Acknowledgenient a part out of the Bene- 
 fices, which they conferr'd. 3. The Annates prejudicial to 
 Princes, and burthenfome to private Perfons. 4. Cenfured 
 by good Men as fimoniacal. 5. Defended by others. 
 6. Whether the Pope can be guilty of Simony in the Col- 
 lation of Benefices. 7. The immenfe Treallire of Pope 
 Jokm XXir. 8. The ^mdennhim^ a Duty laid by Vaiil 11. 
 9. Enlarged by Vaul\S . and SixtiisV. 10. Refcrvations 
 made by Benedi^i yiW. for his Life only. 11. Continued 
 by ClemcntVl. 12. The King of England oppofeth the 
 Refervations and the Expedlatives. 15. Innocent VI. re- 
 voketh them all. 14. The great Abul'c of the Indices Ex~ 
 purgatoria. 15. The Refervations abolifh'd by Grr^oryXF. 
 at the Requeft of the King of England. 16. Two TLomajt 
 Courts, both of them fet Benefices to Sale. 17, Urban V\. 
 difcovers a fecret Intereft, which all his Predecefibrs had 
 carefully conceal'd. 18. Benefices given to the bell Bid- 
 der. 
 
 CHAP. XXXIX. page 1S4. 
 
 I. Violent Exa6tions by the two Courts of Ko?«c. 2. Gerv:^7?r 
 admits neither Refervations, nor Expedtatives. 3. A F^e- 
 gate fent into Germany to compound with the Beneficiaries 
 provided by the Bifliops. 4. Oppofed by the Emperor. 
 5. Three Popes at onetime. 6. yo/:'« XXIII. recovereth 
 the Collation of Benefices in France. 7. Lofeth it in the 
 State of Florence. 8. The Pope's Bulls fiU'd with inextri- 
 cable Claufes tQ eternize the Procefs and multiply the An- 
 nates. 9. As Princes reform'd the Abufcs of the Court of 
 Romcj that Court brought forch others, by which llic gain.? 
 more than flie loft. 
 
 CHAP. XL. page 189. 
 
 I. The Refignations, their Original. 2. Their Abuie. 3. In 
 vvlfich the Court of Rome finds its Account. 
 
 CHAP. XLL pageir)^: 
 
 1 . The Indulgencies. The Sale of them the caufe of the Schifin 
 in Germany . 2. The Bull of P/V« V. againfc this Abufe. 
 
 C H A P. 
 
xxvi CONTENT S. 
 
 CHAP. XLir. pageif)^. 
 
 I. The religious Mendicants are allow'd to acquire Eftates. 
 
 3. Frrfwc^oppofech. 3. The Schifm extinguifh'd by the De- 
 pofition of the three Popes, who reign'd together. 4. Mar- 
 tin V. their Succeflor refers the Reformation of the grinding 
 Taxes upon Benefices to the Council of P^w'tf. 5. France 
 will not own him but on condition that the Refervations 
 and the pA'pedatives be abolifh'd. 6. The Parliament of 
 Paris twice declareth againft the Pope's Proceedings. 
 
 CHAP. XLIir. page 197. 
 
 J. The opening and clofing the Council of Pavia. 2. The 
 Council of Bajil at length aboliflieth the Refervations, the 
 Expedatives, and the Annates. 3. £«^e«ff IV. difTolv'd this 
 Council, and the Council chofe another Pope. 4. France 
 and Germany receive its Decrees. The Pragmatick Sandtion 
 publifh'd in France. 
 
 CHAP. XLIV. p^gfi99' 
 
 I. Mental Refervations introduced in Italy. 2. And then a- 
 bolifli'd. 3. Great Abufe of the Kt^igrnxXom in favorem. 
 
 CHAP. XLV. page 201. 
 
 I, The Regrefs ar}d the Access. The Original and Abufe of 
 
 them . 2. The Pope alone grants the Faculty of Regrefs and 
 
 Accefs. %. The Parliament of Paris admits neither the one 
 
 nor the other. 
 
 CHAP. XLVI. ^^^.f204. 
 
 1. The Coadjutorfhip, its Original. 2. Its Abufe. 3. TheCon- 
 
 cordate betwixt Nicolas V. and the Etnperor Frederick lit. 
 
 4. Ill obferv'd in Germany, t^. Thejefuits oblige the Be- 
 neficiaries to obferve it. 6. The Eledions or Collations, 
 which derogate from this Concordat, are annuU'd at Rome. 
 
 CHAP. XLVII. page 2io: 
 
 I. The Pragmaticjk contefted by Pope PiusW. 2. Revok'd by 
 King Lewis XI. 3 . Re-eflablifh'd three Years after. 4. At- 
 tack'd by four other Popes. 
 
 CHAP. XLVIII. page 2ii: 
 
 I. The Concordat o? Francis I. with Leo X. 2. The Univer- 
 
 fity of Paris makes ©ppofition. 3. Why the Popes have 
 
 got 
 
CONTENTS. xxvli 
 
 got the Pragmatick to be abolifli'd. 4. Sufpcnfion of the 
 Concordat under Henry II. ^. The Concordat reform'd by 
 the Eftates of Orleans. 6. Charles IX. fufpends the Execu- 
 tion of this Reformation in favour of the Pope. 
 
 G H A p. XLIX. page7.1t:: 
 
 I. A Reformation made by the Council of Trent concernino- 
 
 Benefices. 2. The Council decides not the Queftion about 
 
 Refidence, for fear of wounding the Authority of the Pope. 
 
 3. And is filent as to the Refervations. 
 
 CHAP. L. page 220. 
 
 1. The Penfion, its Original. 2. Its Conveniences, or rather 
 its Abufes. 3. Whether it is Simony to extinguifh a Pen- 
 fion charg'd on a Benefice, by taking a Sum of Money a- 
 greed upon. 4. The Decree of the Council of Trent^ that 
 no more Monafteries fhould be put in Commendam^ hath 
 not been obferv'd. 5. The Pope by means of the Refer- 
 vations has become Mafter of almoft all the Benefices of 
 Italy. 6. The Popes have taken care to tye the Hands of 
 the Bifhops. 7. The Bull of Pope Pius V. which forbids 
 the Collators to confer any Benefices refign'd, to Kindred, 
 Allies, or Domefticks of the Refigners. 
 
 CHAP. Lf. pageuzQ. 
 
 1. The Doctrine of the Canonifts, which ferves to encourage 
 and promote Simony. 2. The Popes have preferv'd the 
 Bifhops from the Contagion of Simony, but have not been 
 able to defend themfelves from it. 3. Of which the Flat- 
 terers are the Caufe. 4. Every Church is Proprietor o? 
 Owner of the Goods which Hie pofiTefTeth. ^. The Cdno- 
 nifts have alter'd all the antient Policy of the Church, in 
 afferting the Pope to be the fole Proprietor of all Benefices. 
 6. According to Navarre^, the Pope cannot change Tefla* 
 mentary Difpofitions without a lawful Caufe. 7. How he 
 jnterpreteth the Propofition of the Canonifts, that the Will 
 of the Pope is in place of Reafon in Beneficiary Matters, 
 
 8. The Senfe which he puts upon the Bull of Clement V- 
 
 9. The Opinion of the Canonifts gratifies all fuch as thjrfl 
 after many Benefices. 10. Impoflible to reconcile ic with 
 Reafon, and lefs with Divinity. 
 
 CHAP. UI. f^gez^C. 
 
 I. If the Pope have fuch abfolute Power, from whence doth 
 
 he derive it? 2. Why have his Predeceffors for more than 
 
 lOOO' 
 
xxviii CONTENTS. 
 
 looo Years made no ufe of it? 3-1? the Papal Authority 
 be unhmited, why have the Popes limited it by Concordats 
 and other Tranfadtions with Princes ? 
 
 A ^ejiion relative to Chap. 2 1 . conta'tn'mg the Sentiments 
 of the Fathers and Doiiorsj upon the right ufe, luhich the Be- 
 neficiaries ought to make of the Fruits and Revenues of their 
 Benefices. The Point in queftion is to know, Whether the Be- 
 neficiaries have really the UJufru^.y or only the Difpenfations ? 
 Navarre, tho' a Canonifij maintait/s, that they are meerly the 
 Difpejifers. The Cardinal Cajetan holds a middle Opinion. 
 Fra. Paolo adds his ov^n in conclufion. 
 
 CHAP. LIII. page^i,%^ 
 
 I. The Order of Mendicants have loft their Credit in defiring 
 to make ufe of the Permiffion granted them by the Council 
 of Trent to acquire immoveable Eftates. 2. The Capu- 
 chins have preferved the Affection of the People by remain- 
 ing in their Poverty. 3. The Jefuits hold a middle Courfe 
 betwixt Poverty and Riches. 4. Mojes when he had fuffi- 
 cient for the Tabernacle, refus'd to receive any more Gifts 
 from the People oilfrael. 5. The Leri^^y had no ether 
 Eftates but the Tenths 6. If the Clergy hold now the Place 
 of the hevites^ why arc they not contented with the Tenths? 
 
 CHAP. LIV. page^^^. 
 
 1. In the Primitive Church whatever the Priefts left at their 
 Death, return'd to the common Mafs. 2. After the Church- 
 Eftates had been divided into Benefices, the Spolia of the Be- 
 neficiary, viz,, the Goods he died pofTefs'd of, went to the 
 Community of the Clergy or to his SuccelTor. 3. In fe- 
 veral Countries the Beneficiaries could devife by Will the 
 Fruits of their Benefices. 4. The Popes apply to the A- 
 poftolick Chamber all that the Beneficiaries leave at their 
 Death- 5. The Extortions of the Colle61:ors of thefe ^/(o- 
 lj.7. 6. Charles VI. King of France takes the SpoHa of the 
 Bilhops and Abbors from the Pope. 7. P^«/III. by a Bull 
 decbrcth, that the 5^»//'«s of all the Beneficiaries of the World 
 belon'^ to the Catholick Chamber. 8. Pope Pius IV. car- 
 ries this yet higher. 9. The Clergy of the Kingdoms ofCa- 
 Jtife are exempt from the Exaction of the Spolia. 10. Upon 
 ivhat ihis Right is toundcd. 
 
 THE 
 
( XXIX ) 
 
 THE 
 
 LIFE 
 
 O F 
 
 FATHER PAUL; 
 
 With fome Account of his W R i T i n G s. 
 By Mr. LOCKMAN. 
 
 Extracted chiefly from Fra* Fulgentio. 
 
 *^^^ F the Adlions of Men, who were emi- 
 §f^ mently diftinguifh'd for their Virtue 
 p^ and Learning, dcfcrvc to be tranf- 
 (^^-S'M mitted to future Times, as well for 
 the Imitation of others, as in Juftice to their 
 Memory i it may be affirmed, that no one- 
 deferves this Tribute more than rhc Pcrfon,- 
 whofe Life we here prefcnt the Reader with; 
 he having been the Delight and Ornament of the 
 laft Age, and will doubtlefs be the Admiration, 
 of lateft Pofterjty. 
 
 Father^ 
 
XXX Th& Life of Father Paul. 
 
 Father Taul was born in Venice the 14th of 
 Augufty \$%iyQi Francis Sarpi, a Merchant, 
 whofe Anceftors came from Friuli ; and of Ifa- 
 bella Morellty a Native of Venice. He was bap- 
 tiz'd by the Name of Teter ; and his Father 
 dying, Ambrojio Morelli his Uncle, Prieft of the 
 Collegiate Church of St. Hermagoras, took him, 
 and a little Sifter of his, from under the Care 
 of their Mother, who retir'd into a Convent. 
 
 This Ambrojio was very well skill'd in polite 
 Literature, in which he taught feveral Children 
 of the noble Venetians, He took particular 
 Care of the Education of his little Nephew, 
 whofe Genius was fo happy, tho' his Conftitu- 
 tion \vas very delicate, that he foon made great 
 Advances both in Logic and Philofophy. 'peter 
 was very feriousfrom his Infancy, infomuch 
 that he took very little delight in thofe Paf- 
 times, which are the ufual Amufements of 
 Youth ; and was no lefs remarkable for his 
 great Abftincnce. His Uncle obferving that he 
 poftefs'd two Qualities, which are rarely united 
 in the fame Perfon, a prodigious Memory, and 
 a great Strength of Judgment, he us'd his utmoft 
 Endeavours to cultivate 'em both. He after- 
 wards made a furprizing Proficiency in Philo^ 
 fophy and Divinity, under Gio. Maria Capella^ 
 :» Father belonging' to the Moh'aftery of the *iy<?r- 
 
 vites 
 
 * An Order of Religious, 
 who follow Sc. Aufiins Rule, 
 and are devoted to the Service 
 of the Virgin Mery (and from 
 
 therice call'd 5fy^7\or S?r\^anta). 
 Twas founded, by C'ven Mer-», 
 chants of F/orf?;^^, who about 
 123 3, retir'd to Mount Senari§t 
 where 
 
Tie Life of Father Paul, xxxi 
 
 vites in Venice ; and he alfo apply'd himfcif, 
 when but in his tender years, to the Mathema- 
 ticks, and the Study of the Greek and Hebrew 
 Tongues. 
 
 By his frequent Converfation with Father 
 Capella, or by fome other means, ^eter was 
 prompted to aflume the religious Habit of the 
 Serv'ttes^ notwithftanding the Oppofition made 
 by his Mother, and his Uncle, who intended him 
 for a Prieft of his Church ; fo that he enter'd 
 into the Order above-mention'd the 24th of 
 November^ 1566, at fourteen Years of Age : 
 the Day after which, he difputcd on occcafion 
 of an Anniverfary folemniz'd at that time, and 
 eclips'd all who reafon d with him. 
 
 Being in his twentieth Year, he was appointcil 
 to defend, in a publick Allembly in Mantua^ three 
 hundred and eighteen * of the moft difficult Pro- 
 pofitions in Divinity and Natural Philofophy 3 on 
 which Occafion he gave fo extraordinary a Proof 
 of his Abilities, that the very learned Prince, and 
 great Encourager of Arts, JVilliam Duke of 
 Mantuaj had a particular Affection for him, 
 and accordingly made him his Chaplain j and at 
 the fame time the Bifhop of Mantua appointed 
 him Divinity-Reader, in his Cathedral. He ac- 
 
 wherethey eftablifli'd a Com-i acquir'd his great Reputation, 
 munity. The Name of one i * An Epitoraizcrof F. P^ft/s 
 of thefe Merchants was Boji- Life, makes thefc buc one 
 jilio MonaUiy v,'ho was more hundred and eighteen Propo- 
 immediately the Founder of |litions,v;hichisanError. ViJf 
 
 Father's PauPs Life , p. iii. 
 
 prefivcd to his Eights ofSove- 
 
 reigfji. 
 
 quitted 
 
 this Order , which became 
 much more famous in the 
 World, after Father Faul bad 
 
xxxii The Life of Father Paul. 
 
 quitted himfelf fo well in this Employment, tha£ 
 every one iifed to fay, they muft never exped 
 to find a lecond Friar TauL He afterwards 
 improv'd himfelf in the Hebre'w, and applied 
 himfeif with fo much Vigour to the Study of 
 Hidory, that it may be juftly affirm'd no man 
 ever furpalVcd him in it i which was owing to his 
 (Treat M cmory, and to his ftrong and continual Me^ 
 ditation on every thing he read, in which Exercife 
 he would frequently pafs the whole Night. 
 
 During his flay at Mantua, he contracted a 
 Familiarity with fcvcral eminent Perfons, and 
 particularly with Camtllo O/^'VO, whom we fhall 
 liiention hereafter, Secretary to one of the Le- 
 <^ates in the Council of Trent. He alfo was very 
 intimate with, and had a great Friendfhip for, Gi- 
 rolamo Bernero, Father Inquifitor, a Dominican, 
 and who afterwards was made Cardinal ^sf'y^^// 
 by Pope SixiusN . 
 
 He was vifucd by ail Perfons of Learning and 
 Diftindlion, who came to the lad mentioned 
 City j the Fame of his great Talents, tho' he was 
 fo young, being fprcad far and near. Duke 
 William would oblige Friar Tatil, as being his 
 Chaplain, to difputc with Perfons of all Pro- 
 fcllions, and on all Subjeds; and on thefe oc- 
 caiions he never fail'd to charm thofe who heard 
 him. 
 
 He had a profound Knowledge in the Mathe- 
 maticks, but had the utmoil Contempt for judi- 
 ciary Atlrology, he faying, // futuro^ o non fi 
 puo fapere, o non fi puo fchiffare i i. e. '^ We 
 " either cannot find out, or cannot avoid, Fu- 
 
 " turity.' 
 
Tb& Life of Father Paul, xxxiii 
 
 ^' turity." Fulgentio tells us a pleafant Story 
 to this purpofe. Duke William , who us'd to 
 intermix light Amufemcnts with the weighty 
 Affairs of Government, having a Mare that was 
 ready to fole a Mule, he oblig'd Friar Taul to 
 fct up a whole Night ; and, with his Inftrumcnts, 
 to take the Horofcope of the Animal's Nativity. 
 This being done, and the Scheme fettled, the 
 Duke feat it to all the famous Aftrologcrs in 
 Europe J with the following Infcription; that 
 under fuch an Afpedj a Ballard was born in the 
 Duke's Palace. The Aftrologers, as may be fup- 
 pos'd, fent very different Judgments 5 fome a(^ 
 furing that this Baftard wou'd be a Cardinal ^ 
 others a great Warrior; fome that he would be 
 a Bifhop ; whilft others declar'd that he wou'd be 
 Pope : all which, as the Reader will imagine^ 
 gave the Duke no little Diverfion for fome time. 
 Friar Taul being now weary of a Court-Life, 
 which no way fuitcd his Inclinations (tho' Reports 
 were then fpreadthat it was upon a different ac- 
 count) and being at the fame time flrongly im* 
 portun'd by his Superiors, who were in great 
 want of the Services of fo eminent a Man ; he 
 left Mantua, and return'd to his Convent in Ve-* 
 nice, he being then not quite two and twenty. 
 
 By this time Friar ^aul, befides the Acqui- 
 firions abovemention'd, had made a furprizing 
 Progre fs in the Canon and Civil Law, in all 
 parts of Phyfic, and in the C^^/<^^^ Language ^ 
 but the Circumftance that crown'd the whole, 
 was, the uncommon Regularity and Sanftiry of 
 his LifCjWhich made fo great an imprcflioil on the 
 
 b reft 
 
xxxiv I'he Life of Father Pa u l. 
 
 reft of his Brethren, that whenever they hap- 
 pen'd to be engag'd on any Subjed which did 
 not lb well (liit with their Charaderj immediate- 
 ly at his coming they us'd to cry, E qua la Spo- 
 fdy mutiamo propofito. " Behold the Bride, let 
 us change our Difcouric." 
 
 Being twenty two Years of Age, he took 
 Prieft's Orders, and went to Milan at the time 
 when the famous Cardinal Borromeo was refor- 
 ming his Church, This Cardinal, tho' he enter- 
 tain'd a very unfavourable Opinion of Monks in 
 general, he yetdefir'd Friar T'auUo hear Confef- 
 iions in that City j had a great Efteem for him, 
 and delighted in his Converfation. I fhould 
 have obferved, that fome time before Father 
 ^aul left Mantua, one ClaudiOy envying his 
 great Talents, accus'd him before the Inquifi- 
 tors, for aflcrting that no proofs cou'd be 
 brought with regard to the Myftery of the Tri- 
 nity, from the firft Chapter of the Book of 
 Genefis: But the Father appealing to Rome^ was 
 cleared with Honour 5 and the Inquifitor fevere- 
 ]y reprimanded, for pretending to judge of 
 things written in a Language he did not un- 
 derftand. About this time Father Taitly by the 
 great tendernefs of his Conftitution; his Abfti- 
 nence and uncommon Application to Study, 
 contrafted a very ill Habit of Body, which how- 
 ever he fubmitted to very chearfully j and indeed 
 few Men have had a greater Command over their 
 Paflions. Being now in Venice, after having 
 been admitted a Member of the famous College 
 ofTadm} as alfo Student, Batchelor and Maf- 
 
 tcr 
 
l^he Life of Father Paul, xxxv 
 
 tcr (which is equivalent toDodor) of Divinity 5 
 in 1 679, tho' he was not of the Age appointed by 
 the Statutes, he was unanimoufly, and with the 
 highcfi: Applaufe, created Provincial, orSuper- 
 intendant of all the Convents, in that Province > 
 with other Honours. 
 
 In this Employment he behaved with the moll 
 unbiafs'd Integrity. In his Judgments he was in- 
 flexible, and coil d never be prevaii'd upon to 
 accept of the mott trifling Prefcnt, a Circumftance 
 he conftantly obferv'd to his death. None of 
 his Declfions were ever revers'd. He banifh'd 
 all Fadions from among the Religious over 
 whom he prcfided ; and eftablifhcd fuch excel- 
 lent Rules and Orders in his Province, that 
 had his Succellbrs obferv'd 'em, they wou'd not 
 have been involv'd afterwards in fo many Diffi- 
 culties. In this Office of Provincial, which was 
 the hrft he enjoy 'd, he fhowM how very capable 
 he was of managing the greateft Affairs; and in- 
 deed, notwithftanding the vaft variety of Tranf- 
 adions in which he was afterwards concern'd j 
 there were none, how difficult and perplex'd 
 foever, but were manag'd by him to the utmotl 
 advantage : and fo renown'd was he for his Sa- 
 gacity and Penetration, that every one refonedto 
 Him as to an Oracle. 
 
 Tho' his Inflexibility might be confidcr'd by 
 fome as refulting from a fevere Turn of Mind, he 
 yet was naturally fo compaffionate,that it extend- 
 ed even to brute Animals. And we are told, 
 that calling to mind the Difleclions he had for- 
 merly made of living Animals, (among other 
 
 b 2 ana- 
 
xxxvi The Life of Father Paul. 
 
 anatomical Experiments,) he blam'd himfelf 
 Very much on that account. 
 
 In 1578, a general Chapter being held at 
 ^armay he was appointed, with two other Per- 
 fons who were faradvanc'd in years, to draw up 
 new Regulations and Statutes with regard to his 
 Order. For this purpofe he made a long ftay in 
 Rome^ where his exalted Talents, introduc'd 
 him to the Acquaintance of Cardinal Alexander 
 Farnefe the Protestor, and Santa Severina 
 Vice-Proteftor of his Order. His task was, to 
 accommodate and adjuft the part which related to 
 the Canons of the Church, and the Regulations 
 made by the Council of Trent-, which he per- 
 form'd alone, with his ufual Skill ; and there- 
 by gain'd prodigious Reputation in Rome, 
 
 His Employment as Provincial now ended, he 
 rctir'd for three Years, which he faid was the 
 only Repofe he had ever enjoy'd. He then ap- 
 plied himfejf with his ufual Intenfenefs, not on- 
 ly to the Speculation, but alfo to the Pradice of 
 Phyficks ; himfelf working at the Tranfmutation 
 of Metals, but not in the view of finding the 
 Philofopher's Stone, which he always ridicul'd 
 as impoilible. In the courfe of his Experiments, 
 he difcover'd a great many very ufeful Secrets, 
 the Invention of which were neverthelefs af- 
 cribed to others, as we (hall obferve hereafter. 
 
 He alfo ftudied Anatomy, and particularly 
 that part of it which relates to the Eye j on 
 which he had made fuch excellent Obfervations, 
 that the celebrated Aquapendente 6i\(i not fcruple 
 to employ, in terms of the higheft Applaufe, 
 
 the 
 
Ihe Life of Father Paul, xxxvii 
 
 the Authority of Father Taul on that Subjed, 
 both in his Ledlures and Writings. Fulgent lo 
 expreflcs his Surprize at Aquapendentey for not 
 acknowledging, in his Trcatifc of the Eye, the 
 fmgular Obligations he had to Father TaiiU whom 
 he declares merited all the Honour of it. He alfo 
 difcover'd the Valves in the Veins, but did not 
 find out the Circulation of the Blood, as JVaUuSy 
 Morhof^nA fome others have alfertcd, in preju* 
 dice to our immortal Countryman Dr. Harvey "^y 
 who fo juftly merits that Honour, and which 
 has been afcribed to him by fo many Writers. 
 
 But now his great Fame would not fuffer him 
 to enjoy his Retreat any longer, he being ap- 
 pointed Procurator- General of his Order ; an Em- 
 ployment that required a Man of profound Abili- 
 ties. During his three Years abode m Rome, he dif- 
 cover'd fuch great Talents in tranfading the Affairs 
 of his Order, that, by the Pope's command, he 
 ailifled inkvcral Congregations, where Matters 
 of the greateft Difficulty and Importance were 
 debated. 
 
 He was very much eftccm'd by Sixtris V. who 
 employ 'd him in very confiderable Affairs j and 
 that Pope pailing one day thro' the Streets in his 
 Litter, he ilopt for fome time to fpeak with him i 
 whence 'twas generally reported, that Father 
 y^/// would be rais'd to the Purple; a Circum- 
 ftance which rais'd the Envy of many. 
 
 * Among others, Sir TX-'ow^f 
 Pope-Blounr, in his Cenfura ce- 
 lebriorum Aitthorinn, quotes 
 fome Authorities ro prove that 
 Father f <?«/ firft difcover'd the 
 
 Circulation of the Blood. The 
 rife of this fcems to be from 
 Dr. Harvefs havmg iludicd 
 under the famous Aqua^sn" 
 (iei}te in Padua' 
 
 b 3 la 
 
xxxviii T^e Life of Father Paul. 
 
 In Rome he contracted a great Intimacy with 
 Father Bellarjnin^ who was afterwards Cardi- 
 nal, and other eminent Perfons; but the great- 
 eft Advantage he gain'd in that City, was, the 
 ftridl Friendfriip which Cardinal Cajiagna, (after- 
 wards Pope Urban VIII.) indulg d him. There 
 is no doubt but the Similitude of their DifpoR- 
 tions and Adions greatly cemented their Friend- 
 (hip ; and had this Pope fate longer in the Throne 
 (he enjoying it but thirteen Days) we may juftly 
 prefume that he would not have forgot his Friend 
 Father Taul. 
 
 He alfo was very intimate with one of J^;?^- 
 iius Loyolas ten Companions, infomuch that 
 he us'd to fay to the Jefuit in queftion, that Igna- 
 tius Loyola never intended to raife his Society to 
 the height it afterwards attain'd 5 and that he 
 wasfure, were he to return again to the World, 
 he would not know his Succeffors, they were fo 
 ftrangely alter'd. 
 
 He was fent from Rome to Naples^ in quality 
 of Vice-General of the Chapters, and Vifitor of 
 the Convents. There he got acquainted with 
 the famous Joannes Baptifta Torta^ who 
 makes very honourable mention of him in his 
 Works *. 
 
 At his quitting Venice to go and refide in 
 Rome, he had left his Friends under the Counfel 
 
 7 
 
 * He fays, " We knew 
 " Father Taiil at Vejike-^ and 
 " far fronri being afham'd, va- 
 *« lue curfelves for what we 
 « learned from a Man, than 
 " whom we have not yet feen 
 
 " one more learned or acute; 
 " and who was, not only the 
 " Ornament and Glory of 
 '' Venice or Italy but of the 
 " whole World." 
 
 and 
 
Hoe Life of Father Paul, xxxix 
 
 and Dircdion of Gabrielle Coliiffoni, with 
 whom he had formerly join'd in the rcdrcfling 
 of certain Grievances. However, this Man did not 
 anfwer Father '^Paul's Expectations 5 he being 
 giiiUy of grear Exactions. Father Taul intend- 
 ing to come back to Venice, C /l/Jfon f diUh^dcd 
 him very much from it, well knowing that his 
 Return would put an end to his hiipofitions ; 
 and therefore he artfully rcprerented to Him, 
 that by flaying in Rome, he would not fail of 
 making his Fortune. At laft Father 'Paul fent 
 Colliffoni a Letter written in Cypher, in which 
 he employ 'd fome Exprellions refleding on a 
 Court-Life 5 declaring at the fame time that he 
 himfelf had it in abomination. 
 
 After this he returned to Venice, and coming 
 to an irreconcilable Rupture with CoUijfoni^ 
 becaufe of his corrupt Pradlices, the latter 
 ihow'd his Letter in Cypher to Cardinal Santa 
 Sever'ma, who was then at the head of the In- 
 quifition. The Cardinal however did not think 
 it convenient to attack Father Paul-^ but he 
 perfecuted him inthePcrfon of his Friends, and 
 particularly Friar Giulio, a Man irreproachable in 
 his Condud, who had always fuccour'd Father 
 Paul, and was now font to Bologna : but Father 
 Paul look a journey to the Pope's Court, pur- 
 pofcly to juilify Friar Giulio, and accordingly 
 obtain'd leave for him to return to Venice, 
 
 Tho' he had never ftudicd Phy Hognomy, he yet 
 
 would immediately dcvine the Genius and hicli- 
 
 nations of thoie with whom he convcrs'd ; and 
 
 his Sagacity on this occafion was fo furpiizing, 
 
 b 4 that 
 
xl T/he Life of Father Paul. 
 
 that fome imagiiVd he had a familiar Spirit. Ftil^ 
 gentio fays very prettily on this Occafion, that 
 as an able mufical Performer knows, by the firft 
 Touch, whether an Inftrument be good 5 fo Fa- 
 ther Tatil, by fpeaking to others, difcover'd 
 withfurprizingquickncfs, their Views, Intereft, 
 and Genius; the Refolutions they might take 
 in the Affairs propos'd, and the Anfwers they 
 wou'd make to his Objedions. Come per'tto fuo^ 
 natore ad tin Jol tocco fa giudicio dell' Inftro- 
 mento^ coficon far parlar le perfone^ conprefte^- 
 s&a ammlrabtle conofceva i finiy gl'intereffi^ la, 
 portata, le rifoliition't ne gli ajfarriy le rtfpofie 
 che dariano. The Opportunities he had had of 
 difcourfmg with Perfons of all Ranks, not ex- 
 cepting Princes; and on all kinds of Subjects, 
 hadgiven him avaft fluency of Exprcffion. So 
 great was his Skill in Mechanicks, that Ma- 
 chines were fcnt to him from all Parrs, dcfiring 
 his Opinion of 'em i on which occafion he wou'd 
 prefently difcover their Excellencies or Imper- 
 fcdions, as tho' he had never followed any other 
 Study. And Signior Alpkoiifo Antornnt^ a 
 Gentleman very famous for his Skill in the mi- 
 litary Science, was very well plcas'd to take his 
 Advice in it. 
 
 Being return'd from Rome to Venice-, he rc- 
 fum'd his Studies, but was again diverted from 
 'em fome time after, upon his being nomi- 
 nated by the Pope to enquire into the Complaints 
 brought againft a General of the Order of the 
 L^ervites'-i for this reafon he was oblig'd to go 
 IQ Bologna, where he fpcnt fcferal Months in 
 i carrying 
 
T}ie Life of Father Paul. xli 
 
 carrying on this Suit, which prov'd a very tedious 
 one : But the General dying before it was ended, 
 a flop was put to the whole, and Father ^atd 
 came back to Venice. 
 
 He now applied himfelf again to his Studies, 
 in the Intervals of which he us'd to frequent fuch 
 Perfons as were moft eminent for their Learning j 
 and particularly Andrea Morefaii, at whole 
 Houfc Academical Conferences were held, the 
 Fame of which had fpread thro' all parts oi Eu- 
 rope. Father ^aul was no lefs admired in thefc 
 AiTemblics than he had been in all other Places. 
 
 No Converfation gave him fo much plcafure 
 as that of Travellers, of whom he ufed to ask a 
 thoufand Qtieftions relating to the Cuftoms, 
 Religions, and other cflcatial Particulars of the 
 Countries they had vifited. 
 
 He coveted fo little the good Things of this 
 World, that he depended entirely for Clothes, 
 &c. on the Liberality of Father Ghtlio above- 
 mention'd; Father '^Paul contenting himfelf 
 with the flcndcr SubUflencc of his Monaftcry, 
 and not having fo much as Books but thofc he 
 borrowed. 
 
 He fpent his Life wholly in three Things; in 
 fcrving God, in his Studies, and in convcrfing 
 with his Friends. He ufed to begin his Studies, 
 (after addreifing himfelf to Heaven in Prayer) 
 before Sun-rife i and continue 'cm all the Morn- 
 ing, thofe Hours excepted in which he was 
 called to the publick Devotions. The After- 
 noons he always pnfs'd either in philofophical 
 and mechanical Experiments, or in Conferen- 
 ces 
 
xlii Tie Life of Father Paul. 
 
 ces with his learned Acquaintance ; and befidcs 
 the Affemblies of Signior Morefint abovemen- 
 tioned, he often frequented thofe of Signior 
 ^inelli of Tadua. Here Father ^aul, difplay- 
 ing his great Skill in Mathematicks, was the 
 Adnniration of Signior Marino Ghetaldoy a 
 Gentleman very famous for his Knowledge in 
 thofe Sciences. 
 
 But now Providence was pleas'd to take Fa- 
 ther *Paul out of this Haven of Tranquillity, 
 and expofe him on an Ocean of Troubles, which 
 happen'd as follows. The Order of the Servites 
 was now divided into two Fadions^ on occa- 
 fion of Gabnelle ColUffoni already mention'd, 
 who afpir'd to be General of the Order. Father 
 ^aul endeavoured as long as poflible to keep 
 himfelf from having a ihare in thefe Divifions, 
 but he at laft was forc'd to engage in 'em j and 
 Juftice obliged him to declare againft ColUffoni. 
 The latter, to revenge himfelf on the Father, 
 impeach'd him to the Inquifition at Rome, upon 
 pretence of his holding a Correfpondence with 
 the Jews ; and to enforce his Charge, he pro- 
 duced the Letter in Cypher already mention'd. 
 He alfo prevail'd with one Santo, his {Collifoni*s) 
 Nephew, to impeach him to the Inquifition at 
 Venice, as tho' Father Vaul had declar'd in a 
 Chapter which was held, that recourfe muft be 
 had to human Means, when a Motion was made 
 to implore the Infpiration of the Holy Ghoft, in 
 order to pacify the Divifions that reign'd in their 
 Order. This latter Accufation, after the feveral 
 Witneffes had been exaipin'dpbeing found invalid, 
 
 was 
 
T'he Life of Father Paul, xliii 
 
 was accordingly ftifled. And tlio' the Inquifitors 
 at Rome did not think proper to carry on the 
 Profecution, yet Father ^Paul, on account of 
 the Letter in Cypher, was confidcr'd as the mod: 
 bitter Enemy to the Grandeur of the Court of 
 Rome. However, thele Charges againft him are 
 no blemifh to his Reputation, the Integrity of 
 his Life having more than juftificd him againft 
 thefe and all other Accufations; not to men- 
 tion, fays Fulgent to, that many Pcrfons of the 
 moft diftinguifh'd Probity have from time to 
 time been unjuftly accus'd to that Tribunal. 
 
 Father ^aul was aUb accus'd by Multitudes, 
 for the too great Favour and Inclination, (as 
 'twas objeded) he fliow'd to Hercticks ; but of 
 this he may be clear'd by this fingle Reflexion, 
 that the uncommon Fame of his Knowledge in- 
 viting Foreigners of all Perfuafions, and of the 
 greatcfl: Diftindion, who came to Venice., to vifit 
 him i and thefe paying him the higheft regard, he 
 was oblig'd to return their Civilities, for which 
 he was look'd upon as a favourer of Hereticks : a 
 Confideration that made fo ftrong an hnpreflion 
 on Pope ClementNXW. that he would not no- 
 minate him to the See oi Nola-, Vv'hcn fomc 
 Perfons fpoke to the Pope for that purpofe. And 
 yet the Father had plainly fhow'd the little In- 
 clination he had for the Principles of the Here- 
 ticks, both by his Difputation s as well as Wri- 
 tings *. By 
 
 * " Father Vaul was an 
 " intimarc Friend of J5« P/f/- 
 " f.s Morray-) of Dccdiiii^ and 
 
 " feveral eminent PrdtcRanrs; 
 
 " and intieed, v/licn a motion 
 
 " v>as made in Rome to o;ive 
 
 '' hiai 
 
xHv "The Life of Father Paul. 
 
 By fuch a Series of Slanders as thefe, divine 
 Providence wou'd accuftom his innocent Servant 
 to fubmit patiently to the moft inveterate Ca- 
 lumnies. 
 
 The Domeftic Feuds of the Order of the 
 .y^ri^/Y^j continued for feveral Years with impla- 
 cable Animofity; and tho' the Father behav'd 
 with the utmoft temper and moderation, this 
 was neverthelefs confiderM by his Friends as Luke- 
 
 " »<3y,whorePreceptorhewas; 
 1 " he had pafs'd by Venice-, and 
 
 *' him a Cardinal's Hat, that 
 *' which appear'd the great- 
 " eftObftacletohisAdvance- 
 " ment was, his having a great- 
 er Correfpondence with He- 
 
 " vilited Father Vault to 
 
 l" whom T>u Plejjis Mornay 
 
 '' had recommended him by 
 
 '' reticksthan v/ith RomanCa- " Letters j that having de- 
 " tholicks. Mr. Deodati alfo " liver'd 'em to the Father, be 
 " informed me, that obfer- " difcover'd the higheft Ef- 
 " ving, in his Converfations j" teem for theilluftrious Mr. 
 " with Father ?auly that in I" D« Tlejjis Mornay:^ that he 
 " niany Opinioni he agreed j" gave the kindeft Reception 
 
 " with the Protedants ; he 
 " laid, that he wa^' overjoy'd 
 " to find him not tar vemov'd 
 " from the Kingdom of Hea- 
 *- ven,andthereforelie flrongly 
 ■■' exhorted him, to profefsthe 
 •^^ Proteflant Relis^ion publick- 
 " ly : but Father Ptf;!//anl\ver'd, 
 " that it v/as better for him>, 
 " like St. Faulj to btAnathe- 
 " ma for his Brethren ; and 
 " that he did more Service 
 " to the ProtelT-ant Religion in 
 '-', we^rin?; rhatHabir, than he 
 *■'■ cou'd. do, lliou'd he lay it 
 « alide "...." The cider Mr. 
 " D;7/',7/rold me, that in going 
 " to, and coming from Eovie 
 " wlih Mr. de Villarjicud^ 
 ^f Cimdioiy to DuPieJJis Mor- 
 
 " to Mr. Villarnoud his Grand- 
 " fon, and even to Mr. Dai/ie. 
 ' That afterwards Mr. Dail/e 
 " became very intimate with 
 " Father Paul, and Fra. Ful- 
 erttio his Companion, who 
 " alfo was a Perfon of great In- 
 " tegrity and Abilities, and 
 '- who afterwards v/rit that 
 " Father's Life, which is very 
 " well drawn up." J)Iela?ige 
 Critique d^c. de feu Mr. An- 
 cillon, Tom. II. from pag. 
 280. to pag. 291. Bafili6^%. 
 12". All this is conhrm'd by 
 Father Fauh Letters, which, 
 on every Occafion, e\'prefs the 
 ■sigheil Regard for the Protcl- 
 ants ; fo that Fra. Vulgentia 
 fecms to have diffembled here. 
 
 warmnefs 
 
The Life of Father Paul. xk 
 
 warmnefs, and they even reproaclVd Him upon 
 that account. Thefe Divifions continued till 
 the Year i579> when Things feemcd reftoredto 
 a wifh'd for Tranquillity ; but this was again in- 
 terrupted by the wicked Arts of Gio. Battifta^ 
 a Servite^ who fetting up for an Exorcift, impos'd 
 upon many; and even went fuch lengths in 
 Villany, as to rob a Tradcfman whofe Wife he 
 pretended to exorcifc. Gabrielle Colli(foniy 
 now Provincial of the Order, had conniv'd with 
 this Gio. Battijia^ and accordingly was impri- 
 foned for fome days; but being proteded by 
 Cardinal Santa Severinay he was releas'd, and 
 the Matter hufh'd up. As for ¥rhr Battifia, 
 'twas believ'd that he was privately difpatch'd. 
 During thefe hitervals, a great Fray happen'd in 
 theMonaftery of the Servites inFenicejOccarion'd 
 by Cardinal de Santa Severinas getting an Or- 
 der (the like of which had been never heard) 
 from the Civil Power, for a Party of Men to 
 come into the Monaftcry there, upon pretence 
 of quieting the Difturbanccs. But thefe, inftcad 
 of doing this, committed great Exceflesj info- 
 much that the Religious obferving 'cm to leave 
 their Arms, and walk carelcllly up and down; 
 (they having called others to their AlTiftance) 
 "wou'd have feizd the Band, and have drove 
 'em out. However, Father Tau/, by his earned 
 Intreaties, prevail'd with them to lay afide thcic 
 Defign;and going to Rome, he pacified Matters, 
 and met with a moft gracious Reception from 
 Cardinal Santa Severina, who oblig'd him to 
 be reconcil'd to Collijfoni, During this Inter- 
 val, 
 
xlv'i T'he Life of Father Paul. 
 
 val, a new General of the Servites^2iS ekdcdj 
 and he being a Man of great Virtue and Piety, 
 Was oppos'd by Cardinal Santa Severma, and 
 CoUiJfoni his Creature 5 and the former prevail'd 
 fo far, that 'twas thought he brought the unhap- 
 py General of the Servites to his End. Fulgent io 
 on this and other Occafions, draws the Charader 
 of Cardinal Santa Sever ina in very dark Colours. 
 He now was return'd again to Venice^ where 
 he enjoy'd about fix Years leifure, during which 
 he applied himfelf very clofe to the Study of mo- 
 ral Philofophy. He examined the Thoughts 
 and Reflexions of the antient Philofophers in 
 general, and gave his Judgment on them all : 
 and particularly on Ariftotle and Vlato, in the 
 margins of whofe Works he writ a great many 
 iliort Notes. He did the fame with regard to the 
 Writings of the moft eminent Schoolmen, not 
 to mention thofe of Mathematicians, Phyficians, 
 ^c. He compos'd feveral Trads on Morality, 
 (particularly one againft Atheifm) the Publica- 
 tion of which muft neceflarily be of the utmoft 
 advantage to Society. He alfo writ two fmall 
 metaphyseal Tracts, which were left unfinifh'd, 
 and likewife a little Piece on his own Failings j 
 which, we may affirm, were invifible to everyone 
 but himfelf. 
 
 However, all this was nothing in comparifon 
 of his Application to the Study of the old and 
 new Teftament, on which he employ'd the moft 
 profound Med'-ations; and he had read the new 
 Teftament in tue original, fo often over, that he 
 
 cou'4 
 
Hoe Life of Father Paul, xlvii 
 
 cou'd repeat the whole by heart *. His Studies 
 were interrupted but twice during thefe fix Years 5 
 firft, by his attending on Mocentgo tlie newly 
 eleded Bifliop oiCeneda (at hisRequeftJ toin- 
 ftruft him in the Canon Law, and the Duties 
 of the Epifcopal Function : and fccondly, by his 
 engaging in the famous Difpute relating to the 
 Efficacy of Grace, on which he wrote fome 
 Letters, at the requeft of a certain Prelate. By 
 thefe Letters it appear'd, that Father ^^///was of 
 the Opinion of Thomas Aquinas. 
 
 At the end, or a little after, the fix Years ia 
 queftion, Collijfoni, General of the Order, 
 dying, and Santo his Nephew fucceeding him 
 in the Diredion of Affairs, he wanted to opprcft 
 Father Tatd -, knowing that fo long ashefhou'd 
 be concern'd in the Government of the Order, 
 it would be impoflible for him {Santo) to con- 
 tinue his unjuft Practices. This made him ob- 
 jed to the Father, in a Chapter of the Order, 
 three trifling Articles, which accordingly prov'd 
 the Jeft and Scorn of the whole Affembly. The 
 firft was, his wearing a fquare Cap, contrary to 
 the Prohibition made under Pope Gr^^^ry XIV, 
 2dly, His ufing Slippers after the Fr^«r^ Mode 5 
 
 * According to Bifliop Bur- ' 
 vety in his Life of Bifhop Be- 
 delly the latter " found Father 
 *' Paul had read over the 
 " Greek new Teftamcnt, with 
 *' fo much exadnefs, thai be 
 " had mark'd every Word cj 
 ** /V,as Fulgent to obferves. And 
 55 when Bedell {iiggefted to 
 
 " him critical Explications of 
 "! fome Paflages which he had 
 " not underflood before, he 
 •' receiv'd them with Tranf- 
 ^ ports of one that leap'd for 
 " joy^ and that valued tha. 
 •^ Difcovery of divir^ Truth 
 " beyond all other Things." 
 
 Santo 
 
xlviii The Life of Father Paul. 
 
 ^anto falfely aflerting that all who wore fucli 
 Slippers, were, by the Prohibition, difqualified 
 from giving their Votes ^ (the very thing he 
 had in view.) 3dly, His never repeating at the 
 end of the Mais, the Salve Regina. Father 
 haul's Slippers being taken off by Order of the 
 Judge, the following Words, which became 
 proverbial, were fpoke on that Occafion : " Fa- 
 " ther 'Paul is fo irreproachable and free from 
 " all Blame, that his very Slippers have been 
 *' canoniz'd." Santos Complaint was therefore 
 rejcdled -, fome time after which, he went to 
 Rome^ where living at an extravagant rate, he 
 Was forc'd to retire to Candy \ and there fet- 
 ting up for a Trader, he foon died, having firft 
 loft all he had in the World. 
 
 We are now coming to the Year 1606, 
 when Father Paul was oblig'd to bid adieu for 
 ever to fo intenfe an Application to his Studies 
 and his very retir'd Life : Heaven being pleas'd to 
 raife him to an Employment which he was far 
 from expeding. The occafion of it was the 
 Quarrel of Pope PaulN. with the VenetianSy 
 upon pretence that fome of the Laws of their 
 Republick interfer'd with the Ecclefiaftical Im- 
 munities j whilft the Venetians^ on the con- 
 trary, aflferted that they were juft, and no 
 ways repugnant to the lawful Prerogatives of the 
 Church. 
 
 The Court of Rome having menac'd the Re- 
 public with no lefs than Excommunication, 
 the Senate, as this Difpute related both to Di-. 
 vinity and Law, appoinied Father Paul their 
 
 Divine 
 
^he Life of Father Paul, xlix 
 
 Divine and Canonift, who was to act in con- 
 cert with the Law-Confultors. The Father not 
 only aded in the two firft capacities, but was 
 afterwards made Confultor of State? fo that he 
 was employed in all public Affairs, whether re- 
 lating to Peace or War, to Jurildidlions, Fiefs, 
 Treaties or Controvcrfics of every kind? on all 
 which Occafions he difcover'd the urmolf Since- 
 rity, Probity and Capacity, for which rcafon 
 uncommon Honours were paid him by the 
 Senate. 
 
 At his entring into this Employment, to cafe 
 his Toils, he aflbciated to himlelf Friar Ful- 
 gentioj a Perfon he highly efteem'd, and in 
 whom he knew he might fafcly confide. Fa- 
 ther ^aul had before been fo indulgent, as to 
 adift this Friar in his Studies : However, he did 
 not inftrudt him after the vulgar way, which 
 he look'd upon as more oftentatious than ufeful 5 
 but in the Socratjc Method, by bidding him 
 read fuch and fuch Books -, and afterwards, by 
 difcourfing on 'em, to difcover the Truths they 
 contain'd, as well as their Errors. Friar Ful- 
 gentio was at that time in Bologna^ where he 
 had a fair Profped of rifing to the highcft Em- 
 ployments in his Order ; but at the Call of his 
 dear Friend and Mafter, he left every thing, even 
 to his very Books and Furniture, and came im- 
 mediately to Venice, 
 
 Father ^aul y in concert with the other 
 Confultors, was now examining in what man- 
 ner the Republic might a6l, fo as to maintain 
 its State and Independence, without being wanr- 
 
 g ing 
 
1 l^he Life of Father Paul. 
 
 \\\% in the Rcrpcd it ow'd to the See of Rome, 
 In the courfc of this Enquiry Father ^atil (a- 
 mong other Pieces) writ a fmall but ineftimable 
 Piece on Excommunication, In this little Trad 
 he comprehended, in a very narrow compafs, 
 and at the fame time as fully as was requifite, 
 whatever related cflentially to Ceyifures: their 
 Inftitution : the Ufe that may lawfully be made 
 of 'em in the Church: in what manner Princes 
 and Commonwealths have acted, when thus at- 
 tack'd by the Court of Rome. The whole 
 written in the mod: exact Conformity to the 
 holy Scriptures, tlie Councils, and ancient Fa- 
 thers of the Church; and teaching every good 
 Subjed and virtuous Prince how to behave on 
 the like Occafion. 'Twas a great Lofs to the 
 World, that this Treatife could not be found 
 among the other Pieces he had written on pub- 
 lic Affairs, which take up large Volumes, and 
 comprehend all Matters relating to Government. 
 There indeed was found a kind of Sketch of 
 this Difcourfc, composed in a truly Chriftian 
 Spirit, and with the grcarcfl: Juftnefs of Thought. 
 Befides thefc Pieces and Confutations, the great 
 Merit of which fufficiently appears, from the 
 public Decree made by the Senate of Venice 
 (whofe Wifdom and Prudence arc fo univerlally 
 inown) that Copies fhould be taken of 
 tnem, in order that they might ferve as In- 
 firiidions to thofc who Iliould prefidc hereafter 
 in the State. The Father was oblig d to fend fome 
 Tracts on this Subjcd; to the Prefs, in fpite of the 
 ='T.;t\' ^ firm 
 
The Life of Father Paul* li 
 
 firm Rcfolution he had made, never to publifli 
 any of his Compofirions. 
 
 The firft thing the Senate thought proper to 
 be done, was, to publifh a fiiort Manifcfto, con- 
 taining the true State of the Controvcrfy, 
 which the hireling Writers of the Court oi Rome 
 had ftrangely difguis'd ; infomuch that the com- 
 mon People were induc'd to believe, that this 
 Difpute related to the Effentials of Religion, 
 tho' 'twas merely about Jurifdidion. The Pope's 
 EmifTaries had dropt up and down, and ported 
 up, in the night-time, in Bergamo-, and its De- 
 pendencies, Libels, diredcd to the Subjeds of 
 the Republick of Venice, declaring, That hence- 
 forwards none of 'em might partake in any of the 
 Sacraments -, by which means their Marriages 
 were difannulled, and confequently their Children 
 dcclar'd illegitimate. To invalidate thefe Libels, 
 Lather T^anl Axz\j up a Trad, which, as he had 
 never ftudied the Graces of Didion, was metho- 
 diz'dand polifh'dby Gio. Battifia Leonid a Man 
 very eminent that way. This Book was accord- 
 mgly admir'd for the Style; but the Matter not 
 being very well digefted, it had no great vogue. 
 
 Father ^Paid had ftudied the Subjed in difpute 
 four Months with prodigious Application, in 
 order that he might be thoroughly fatisficd in 
 his Confcience, whether the Caufe he was going 
 to defend, was juft. 
 
 ^ Whilft Leoni was preparing the Piece above- 
 mention'd. Father 'P^?// call'd to mind a little 
 Treatife on Excommunication, written by the 
 famous Jffbn Gerfoj^. The Father fliow'd this 
 
 c 2 Piece 
 
lii n^e Life of Father Paul. 
 
 Piece to fomcofthe ableft Senators, whoobfcr- 
 ving that it fcem'd to have been written exprefl- 
 ly, to clear up and decide the leveral Points 
 then in difputcj they order'd him to tranilate it 
 into Italian, and to write a Preface to it i 
 which being done, the whole was printed. Car- 
 dinal Bellarmine having attack'd this Piece, and 
 efpecially the Preface ; charging the Author of it 
 with giving falfe hiterpretations, and with ad- 
 vancing Doctrines contrary to that of the Church} 
 and afterwards cenfuring the Work it felf of 
 Gerfon: the Father found it neceflary to an- 
 fwer the Cardinal 5 and for that purpofe he drew 
 up a little Work, which is ftill extanty and ^n- 
 i\x\tAjJpologia. . . di Gio. Gersone, (i^c, or, the 
 Apology of Gerfon. 'Tis certain, fays Fulgent iO:, 
 that Inch learned and pious Chriftians as did not 
 facrifice their own Confcience and the Purity of 
 the Catholic Faith, to the Views of flattering 
 the Court of Rome purely to make their For- 
 tunes, were of opinion, that nothing cou'd be 
 added to this little Book ; which is as remarkable 
 for the great Strength of the Arguments, as for 
 the Modcfty of its Author, 
 
 As the Partizans of the Court of Rome ftill 
 continued to publifli their fcandalous Invcdtives, 
 the Senate commanded Father ^aul to anfwcr 
 them; which he did accordingly, in a Work en- 
 titled, d't Confiderationi fopra le CenfuTCy or Re- 
 fleCiions on Cenfures. The Judicious, fays F^il- 
 gentiOy cannot but perceive the great Strength 
 of the Arguments in this Piece; and will, 1 am 
 p^rfuaded, own, ^that the Refutations there 
 
 made 
 
n^e Life of Father Paul. liii 
 
 made are real Refutations ; or rather true 
 Confcflions of a Caufe that was abfolutely de- 
 fperatc. This Book being attack'd from allQiiar- 
 ters, and cfpecially by one Father Bovio^ he was 
 aniwer'd by another Traft, entitled, Confirmatio- 
 ni delle Conjiderationi del T. M. 'Paolo di Ve- 
 netia, &c. or,yf Confirmation of the Reflexions 
 of Father Paul the Venetian, ^c. This was 
 writ to corroborate the Aflerrions advanced in 
 the former Treatife, the Materials of which 
 feem'd to have been colleded by Friar FulgentiOy 
 and the whole methodiz'd by Father Paul. 
 
 Father PaJtl drew up in a very few Days, (he 
 being oblig'd to devote the greatefl: part of his 
 time to the perufal of Letters, hiftrumenrs and 
 public Charters) the Supplement to the Hiftory 
 of the * UfcochueSy entitled, Aggionta e conti- 
 nuatione all' Hiftoria de gtUfcocchi^ col Mant- 
 fefto. He alio writ a little Piece, entitled U^e 
 jure Afylortim Petri Sarpi J. C. (which name 
 he went by, before he embrac'd a religious Life :) 
 likewile theExtrad: of a Piece of his, drawn 
 up by order of the Government, on the Immu- 
 nity of facred Places, within the Dominions of 
 the f^enetianSy containing the particular Laws 
 and Treaties concluded on that Head with the 
 Popesj as alio the Laws and Ufagesof their Im- 
 munities. He compos'd a Work on the Inqui- 
 fitionof ^^w/V^, entitled, Trattato dell' Inquifi' 
 
 * 
 
 A People (not very nu- 
 
 drew to CHJJa^ and afterwards 
 
 merous.) of Aufiriaft Croatia 
 Their Anccftors were Dalma- 
 tians^ who flyint^ from the 
 Tyranny of the Turks, with 
 
 c 3 iione. 
 
 o Segf/a^ whence they make 
 bold Incurfions on Turki/b 
 Croatia. 
 
liv l^he Life of Father Paul. 
 
 tione *. *' This Treatife, fays Ftilgentioj xvas 
 *- writ by order of the Senate 5 and tho it 
 " fcems calculated only for the Republick of 
 " Venice, it yetdefervcs, on account ofthecu- 
 " rious and uncommon Particulars there related, 
 •-'••to be ptlrchas'd, as an ineftimablc Jewel, by 
 " all Princes, tho' at ever fo high a Price. All 
 " thefe Pieces, continues Fulgentio, are indif- 
 " purably allowM to have been written by Fa- 
 " ther Tatil." With regard to the Treatife on 
 the hiterdiB of Pope "Vatd V. entitled, f Trat- 
 tato dell' Inter detto delta Santita di 'Papa Pa- 
 olo V. (d'C. which is laid down in Propoiuions 5 
 fevcn Divines drew it up, by order of the Re- 
 public. During the Interdict, a Report, adds Ftd- 
 gentioy " has prevaiPd univcrfally (and which was 
 *■'■ conllder'd in Rowe as undoubted Faft) that 
 ^' Father Paul is Author of the Hiftory of the 
 *' Council of Trent, divided into eight Books, 
 *' and printed at London in the Italian Tongue 5 
 " which Work has been tranllated into moft of 
 'i*^. the Languages of Europe ; a manifeft Proof of 
 " the high Eftcem the PubUc had for it ||. We 
 "-' may fuppofc that the Reafon why theCourt of 
 *' Rome afciibc this Hiftory to Father Pauly is, 
 " from their having been informed, that he 
 
 .. * This Book was given by 
 Father Vaul to BiHiop Bedell-, 
 fu^h :n Chaplain to the Ef/gli/b 
 AmbilTador) who brought it 
 into ET!g/afid; tranflated it, 
 and dedicated k to the King, 
 t I''ather Paul, we afetold, 
 
 likewffe ppefented Bifhoip) Bs^. 
 dsllj with this Book, whicft 
 he alfo tranflated. 
 
 II The learned Father Cou~ 
 ■ rayer is preparing a new Tran^ 
 lation of this Hiftory. ^ 
 
 had 
 
Ude Life of Father Paul, Iv 
 
 '■'■ had been coUeding for fevcral Years, at a 
 " great Expence, and by ailillancc of his Friends, 
 " the fevcral Materials necefl'ary for his pur- 
 " pofej all which he procur'd, nor only at home, 
 *' but alfo from foreign Countries. 'Tis cer- 
 ^' tain, that the Father was allow'd free Accefs 
 '■'■ to the moft fecret Cabinets and Archives, du- 
 " ring the whole time that he had leave to con- 
 *' vcrfe with the Ambafladors of foreign Princes, 
 " as alfowhilft he was Divine and Canonift to 
 ^' the Republic 5 which pcrmilllon was not 
 " taken from him till he was appointed Confut- 
 " tor of State. He had been vaftly intimate with 
 '' the Ambafladors of France^ and particularly 
 " with Mr. duFerrier, who was at the Council 
 " oi Trent, and had preferv'd large Memoirs, 
 " Letters, and R elations, which indeed are the 
 " fureft Foundation of that Hillory *. Another 
 " realon why the Father was look'd upon as the 
 ^' Author of this Work, V\^as, from the fictitious 
 " name of the Author, viz. Tiero Soave T'o- 
 " lanoy which is the Anagram of ''Paolo Sarpio 
 i^-. Veneto. However this be, 'tis my Opinion, 
 ^* tiiat the fureft Criterion to judge of the VVri- 
 " tings of this Father, is from the Works them- 
 *' felves." -f- He alfo writ the Plan of a Work 
 on the Sovereignty of Princes ; v/hich Plan, con- 
 tinues the Author in qucftion, " is lo finely 
 
 * We riiall rake further I co have been vviic by Father 
 notice of this Work hercaher.j Pi??//. Fulgcntio very pofTibly 
 
 f It may bencedlcfs toob-jhad his Reafons for prerending 
 ■fsrve, that this Hiftory of theJ ignorance in thii> Matter. 
 
 Council of i /•?;;/ Js well known I 
 
 c 4 " drawn 
 
Iviii The Life of Father Paul. 
 
 City, * that no Pcrfon prcfum'd to anfwcr if. 
 He afterwards drew up a Piece of fome lengtii, 
 wliicii was prefcnted to the Pope, wherein he 
 gave a fuccind Account of feveral dired: Here- 
 iies, as well as violent and tyrannical Doc- 
 trines, contain'd in the Writings of thofe who 
 pretended to defend the Pope's Caufe in this 
 Controverfy. He offer'd to difpute v^^ith any 
 of the Papal Emiflaries in a place of fafety, on 
 the Articles laid to his charge j promifing at 
 tiie fame time to retrad immediately any Points 
 wherein he might be found in an Error. 
 
 Father ^aiiU by order of the Senate, drew 
 up fome Hints preparatory to a Txeatife in his 
 own luftification, which at iaft were publiOi'd, 
 fays Fulgent io ; but by whofe means, is not 
 known. This Author docs not tell us the Title 
 of the Piece in queftion. The Storm continued 
 iixteen Months; and were we to give the parti* 
 
 * The Aiuhor of the Ex- 
 crait abovetijendon'd oF the 
 Life of Fadie.r Vaulj has made 
 an egregious Mlflake in this 
 place, he laying, page Kxvii. 
 that the Father ivcut toKoxnc., 
 hi the '^'^th Tear of his Age. 
 Hut nolav^fulTxeaioii (^s 'twas 
 reported) "was ever is(Jr.gKd to 
 decl&re joim obnoxious to the 
 Ecclcjiajiical Penalties or Ce?i- 
 fures. The original whence 
 he rookthl5i,ftands thus, pag.9i. 
 Si p'ffso a Roma. . . .a d;chia- 
 rarlo in corfo ?ielle Ceh'fure, c^-' 
 pene Ecclefafiiche, &C- i- e. Tie 
 'Was declared at Rome to-have 
 picurr'd the Ecckfiajiical Cen- 
 
 fures and Fenai ties-, &Z.C. Here 
 we find that he did not go to 
 Rotne-y and indeed had he ven- 
 tur'd thither, it would have 
 been the higheft Reflection on 
 bis Judgment, fince he would 
 hardiy have ever come out of 
 it alive. . . Had the Writer in 
 queftion duly attended to what 
 follows, viz.. tlp*t the Bather 
 ofer'd to difpute wiih any of the 
 Adherents of the Court of 
 Rome, provided he might he 
 in a place of fafety ^ he wou'4 
 not have fell into this Error. 
 My Edition of Vita dd Padre 
 Paolo is in 1658, without tlie 
 nameof the place where printed . 
 cuiars 
 
The Life of Father Paul, lix 
 
 culars of Father haul's Adminiftratioii during 
 the courfe of it, he wou'd appear in lb amiable 
 a Li^ht, as mud neccflariiy endear his Name to 
 the moft diftant Ages. 
 
 But now the Court of Rome commanded its 
 Emidarics to win over, either by Promifcs or 
 Threats, all tlie Officers of the RepubUc, and 
 efpccially the College of the feven Divines in 
 Venice. Two of thefc had Souls bafe enongh 
 to be corrupted j but not one of the EmifTaries 
 dar'd to attempt Father Tanl^ fo great was the 
 reputation of his Uprightnefs and hiflexibility. 
 
 At the clofe of the Year 1606, and in the 
 beginning of the fucceeding Year, the mighty 
 Divifion was healM by the Intcrpofition of the 
 King of France i Cardinal Terron tranfading 
 that Affair in Rome^ by the King's order. Car- 
 dinal de Joyeufe being now in Venice, defir'd 
 to have a Conference with Father Tatd, afluring 
 him, that he had Propofals to make, which 
 wou'd be greatly to his advantage. The Father 
 advifing with the Senate about this Requeft, the 
 Refult was, that it wou'd not be proper for the 
 father to hold any fuch Conference, and chiefly 
 for this Rcafon (a pleafant one) vis:^. that as 
 the Senate wou'd never confcnt that any of their 
 Officers fhou'd receive the Bleffing or Abfolu- 
 tion, which was" no wa\^ neceifary fince all their 
 Proceedings had been ftridly juft ; as Cardinal 
 de Joyeufe was in fo high a Station in the Church, 
 he very probably might attempt to make the 
 Sign of the Crofs, or fome fuch thing, on Father 
 Taulj as he was fimply a Religious, the' at the 
 
 fame 
 
Ix 7he Life of Father Paul. 
 
 fame time otieof the principal Counfellors of the 
 Republic; which, by fuch a Circumftance, wou'd 
 have been injur'd in his Perfon. The fame Rc^ 
 queft was alforcfus'd to G^^ the Pope's Nuncio. 
 One of the Conditions of the Reconciliation was, 
 that the Republic fhou'd pardon all thofe who 
 had a(n:ed in oppofition to its Intercfts during this 
 Rupture, by which means a great number of Re- 
 bels returned to their native Country. The Pope 
 being afterwards ask'd whether he forgave Father 
 ^auly he anfwcr'd, that he had given his Bleiling 
 to all; and thereupon he commanded that no 
 further mention (hould be made of pad Jji-an fac- 
 tions. Upon thcfe Promifcs, and th^ Sincerity of 
 his own Confcience, Father T'aul laid afideall 
 Sufpicions with regard to his own fafety ; it never 
 once entering his Head, that any Outrage wou'd 
 be attempted on his Perfon, for his having fervM 
 his Country, with the utmoft Z^al and Fidelity. 
 About this time there arriv'd in Venice Gaf-* 
 par Scioppms^ who, in a private Confe- 
 rence with Father ^auly began tojobferve, that 
 the Pope being a conliderable Prince, he there-^ 
 fore had long Hands; that as his Holinefs i^ 
 magin'd the Father had greatly injur'd him, 
 he might naturally expedl fome finifter Accident ; 
 and that the Pope indeed cou'd have caus'd 
 him to be murther'd, had he thirfted after a Re^ 
 venge of that kind : however, that he only dc- 
 fign'd to have him carried off alive, from Ve^ 
 nice to Rome. . . Scioppius after this offered, in 
 cafe the Father thought proper, to uie his Endea- 
 vours to reconcile Pope ^mU to him, and 
 
 that 
 
T'he Life of Father Paul. Ixi 
 
 that in the moft honourable and advantageous 
 manner he cou'd wilh. . . To this the Father 
 anfwer'd, that he was not confcious of his 
 having olfendcd the Pope in any thing, fince 
 he had only maintained a juft Caufe. That 
 'twas an unpleafmg Circumftance to think that 
 he couM not write in itsDefence, without incurring 
 the Pope's Indignation. That as he had been 
 particularly included in the Reconciliation, he 
 ought not To much as to furmifc, that fiich a 
 Prince wou'd forfeit his Word ^ efpecially after 
 his havin2, sivcn the moft foiemn Alllirances, 
 ■that he had forgot all that was paft. That with 
 regard to the Menaces, of bringing him to a 
 violent Death,this did not give him the leaft pain. 
 That Emperors and Kings indeed were liable to 
 be aliallinated, but not fuch obfcure Perfons as 
 He was. However, that if any fuch Dcfign 
 were hatching, he wou'd fubmit patiently to 
 the Decree of Heaven 5 he not being {q ignorant 
 of human Things, as not to be thoroughly ac- 
 quainted with the nature of Life and Death,- and 
 that he was in doubt, whether the Man who 
 knows both perfectly, ought to defire or fear 
 them. That in cafe the Pope fhou'd cauie him 
 to be carried off alive to Rome i that Prince, with 
 all his Power, cou'd not prevent hi:> being more 
 Matter of Himfelf than another ; and confe- 
 quently that he had a greater Power over his own 
 Life than the Pope *. However, that he 
 
 thank'd 
 
 * Here the Editor above- 1 flroir/d Tra.FuJgeniws Words 
 
 rr.encion'd of Father PtftW's a little tco far. The latter lays 
 
 li':^ \x\ Englijh fecms to have j pog. loc. F-fe fhai-effe fatto 
 
Ixii The Life of Father Paul. 
 
 thank'd him for his good Will ; but yet, that 
 his Caution wou'd not give him the Icaft Un- 
 eafinefs; he being detcrmin'd not to difcontinue 
 inany manner his Toils for the Republic, fince 
 he had not engaged in its Defence, till after 
 he was fully fatisfied of the Jufticeof its Caufe. 
 
 Thefe two Attempts of carrying him off alive, 
 or getting him aflaflinated, were look'd upon 
 almoft as incredible j neverthelefs, the Sequel 
 feem'd to fhow% that Scioppius had not fpokc 
 at random ; and that thefe Defigns againft the 
 Father had been long projeding. Scioppius, 
 after his leaving Venice j wrote a Satire, in which, 
 fpeaking of his Interview with Father Tatd^ he 
 faid that he knew him to be a Man non indoc- 
 turn nee timidiim, i. c. neither unlearned nor 
 fearful. The Inquifitor of Venice had often 
 
 prender 'vivo, per coNclurlo a 
 Roma, tutta lapotefia dfilPapa 
 7ion arriver admpedire^ ch''ogra 
 huomo non jla prima padrone di 
 feych^ahri j e clfanco eglifarebie 
 jiato prima padrone della fiia 
 Vita-, do' el Vcntefice. I have 
 given a Tranllation of thefe 
 Words in the Text. Now the 
 Writer in queftion makes Fa- 
 ther Vaul fay pag. xxix', that 
 infuchacafe (an attempt upon 
 his Life) he luas refolv'd to he 
 bis oiuTi Executioner. But me- 
 thinks this is exprefs'd in too 
 flrong Terms. I own indeed 
 that the Italian Words above- 
 tnention'd, feem to hint at 
 fomethino; very like Suicide j 
 but as Father Paul is not made 
 
 :o fay expreflly in the original, 
 that he nvou'dtay 'uiole7it hands 
 on himfelf-j I prefume the 
 Writer in queftion ought not 
 to have peremptorily advanced 
 fuch an Aflertionj efpecially 
 is this is quite out of charadtcr 
 '.vhen fpoke of Father P^«/, 
 who is ever reprefented by 
 Fulgent io-, as a very pious Man, 
 a ftricl Adherer to the Princi- 
 ples of Chriftianity :; and con- 
 fequently, he cou'd not have 
 ipoke in favour otSelf-murthcr. 
 [ alfo might obferve, that F«/- 
 gentio fays expreflly afterwards, 
 that Father Paul 'VJas very 
 fenftble it nuas not la-wful for 
 him to dejlroy Himfelf. 
 
 advis'd 
 
T'he Life of Father Paul. Ixiii 
 
 advis'd Father ^^Z to take care of himfelf; but 
 io ftrongly did he confide in his own Innocency, 
 and his Contempt of Life was fo great, that he 
 coLi'd never be prevail'd with to change his ufual 
 methods; he always faying, that he did not 
 matter which way he came to his end, provided 
 he died innocent ; and for this reafon, becaufc 
 he was fure Death cou'd never come upon him 
 unawares. 
 
 Six Months after the RcconciUation,an Attempt 
 was made which occafion'd much Speculation,, 
 and at the fame time fhow'd that Scioppius had not 
 fpoke without fome grounds : for in the After- 
 noon of the fifth oiOEfober'^y the Father return- 
 ing from the Palace of St. Mark to his Monaf- 
 rery, he was aflaulted by live Alfailins. They 
 werearm'd with Stilletos and other Weapons, and 
 gave him upwards of fifteenThrufts,thrcc ofwhich 
 only did execution ; he receiving two Wounds 
 in the Neck, and a third made by the Stilletos 
 cntring at tiie right Ear, and coming out between 
 the Nofe and the right Check : and fo violent 
 was the Stab, that the Ruffian was forc'd to leave 
 the murthering Inftrument where he had fix'd it. 
 Twas extraordinary, and at the fame time very 
 providential, that the Villain did not pierce 
 him in any part of the Body where the Wound 
 would have been mortal ,• Father ^aul not 
 niakin^^ the lead refiftance or ftrusi^linc: in anv 
 manner. 'Twas remarkable, that Father 'P^/^/ 
 had never ftirr'd abroad before without three 
 Companions at leaft, for three Months, till this 
 * This mull have been in Kjoj. 
 
 fatal 
 
Ixiv 7ife Life of Father Paul. 
 
 fatal Day, in which he was attended only by 
 Friar Marino his Servant j Fulgentio being gone 
 to view the Ruins made by a Fire lately broke 
 out in Venice. Friar Marino was fciz'd and 
 bound by feme of the Ailaffins, whilft otiiers 
 of 'em, drawing their Swords and prefenting 
 their Muskets, kept off fuch as might attempt 
 to come to his refcue. Marino getting loole, 
 was fo terrified at what he faw, that he fled with 
 the utmoft fpeedj but Alleffandro Malipiero, 
 an old Gentleman who had a great Affedion foe 
 Father Taul, walking before him that After- 
 noon, the Inftant the AfTaflins were retir'd, he 
 turn'd back to the Father, and drawing the Stille- 
 to from the Wound, he call'd for help j as did 
 fome Women who had view'd the horrid Scene 
 from their Windows. Unluckily the Players 
 were that Evening to reprefent a famous Come- 
 dy, which had drawn fuch Crouds of People 
 about the Theatre, that very few were left in 
 the Quarter of the City where the Father was 
 fet upon; which gave the Ruffians an Oppor- 
 tunity of flying to a Gondola that was prepar'd 
 for 'em. Going on board it, they were carried 
 to the Palace of the Pope's Nuncio in Venice, 
 whence they efcap'dthat Evening either to Ra' 
 venna or Ferrara. The Populace hearing of 
 what had happen'd, furrounded the Nuncio's 
 Palace, and wou'd have befieg'd it with the ut- 
 moft fury, had not the Council of Ten fent a 
 Guard to prevent Diforders. 
 
 Father 'Paul being come to Himfelf, and his 
 Wounds drefs'd, told thofe about him, that the 
 
 firfb 
 
The Life of Father P a u l. Ixv 
 
 firft two Wounds he had received, feem'd like 
 two Flafhes of Fire which (hot upon him at the 
 fame inftantj and that at the third Wound, 
 he thought himfclf loaded, as it were, with an 
 extreme heavy Burthen, which opprefs'd him to 
 fuch a degree, as ftunnM him, and quite con- 
 fus'd his Senfcs. 
 
 The chief of thefe Milrthercrs was Rtdolfo 
 ^oma, a Bankrupt Merchant of VenicCy who 
 retiring to Rome^ was highly carefs'd tiiere, and 
 particularly by Cardinal Borghefe ; infomuch 
 that 'Poma had flattcr*d himfelf with the Hopes 
 of being raifed to the Purple. The other four 
 were, AleJJatidro^erafio of j^ncona, ^ Giovan- 
 ni of Florence ; ^ ^afquale of Bitonto, and 
 M'tchiel Viti of BergamOy a Pricft belonging 
 to the Church of the Trinity in Venice ^ who 
 ferv''d as their Spy. A Proof that this Allaili na- 
 tion had been hatching feveral Months, was, 
 that this Prieft ufed to viCit Fulgentio every Morn* 
 ing, anddifcourfe with him on devout Subiccts. 
 Here Fulgentio makes the following Reflexion : 
 " Thus it comes to pafs, that Religion is gene- 
 " rally made ufe of as an Inftrument to execute 
 •' the blackeft Purpofes, by thofe whofc Affairs 
 '* being defpcrate, or who being imposed upon 
 ** by powerful Scruples, are thereby hurried on 
 ** blindly to the Commillion of the worft At- 
 ** tempts." Cofi facilmente & or dinar iamente 
 la religione e fatta ijtr omenta delte piu gran 
 feeler aggini diquelliy che o fono cadute all a 
 deftra, b affafiinati dapotente err ore, con ubbi^ 
 
 d ditnzik 
 
Ixvi Vh& Life of Father V a u l. 
 
 dtenza ciecafi lafciano gutdare^ The Ruffians 
 met with great Favour for feme time, from the 
 Court of Romes but not being rewarded (as 
 'twas generally reported) according to their Ex- 
 peftationj and murmuring upon that account 
 both againft the Pope, and Cardinal Borghefe^ 
 whom, fome fay, they at laft threatned to mur- 
 ther, they fell into Difgrace, and afterwards 
 eame to a miferable End, 
 
 To return now to Father ^aul: As foon as his 
 Wounds were drefs'd, he receiv'd the Commu- 
 nion with the utmoft Humility J befeeching the 
 Fathers who all flood weeping round Him, not 
 to let any fearch be made after the Aflallins, all 
 whom he faid were Strangers to Him 5 confe- 
 qucntly that he had not offended 'em in any 
 manner, and that he freely forgave 'em. The 
 only thing he defir'd was, that the Senate wou'd 
 pleafe to appoint a Guard for the Security of his 
 Perfon hereafter, in cafe Heaven fhou d think fit 
 to prolong his Life. The next Day he was vifit- 
 cd by the General of the Servites, who being 
 informed of the fad Cataflrophe,and judging from 
 what quarter it came, could only exprefs his 
 Aflonifhment by involuntary Signs, and by the 
 Melancholy which appear'd in his Countenance. 
 
 Father !P^«/ defir'd to be attended only by a 
 young Surgeon, but the Senate being greatly 
 foUicitous for his Recovery, order'd all the fa- 
 mous Phyficians and Surgeons in ^«/V^ to em- 
 ploy their utmoft Endeavours to fave his Life. 
 Aqiiapendente (his old Friend) and Spignelius 
 were particularly cnjoin'd not to ftir out of the 
 
 Monaf- 
 
The Life of Father V'a u l.- Ixvii 
 
 Moiiaftery, till it fhould bef certainly known 
 wiicther he would live or die Of this they 
 were long in doubt j for the Wounds being very 
 dangerous in themlelvcs, were hi ad e ftill more fo 
 by the delicate Complexion of the Patient, who 
 before was a mere Skeleton : add to this, his great 
 lofs of Blood, and the extreme Paiii he was ob- 
 liged to undergo, occafion'd by the various Opi- 
 nions of his Phyficians.' He fuffer'd inexpreflible 
 Torture from the dilating of the Orifices: and his 
 Jawbone being broke, Inflarhmations enfucd, 
 which were attended with a violent Fever, till fuch 
 time as he wa:> perfeftly curd j after which, Scars 
 remain'd in thole Places w here he had been ftabh'd. 
 The Father fubmitted to air rhc Operations 
 with his ufual patience and cdhftancy ; and was 
 ibmetimcs very chearful and pleaiant even ill 
 iheExtremcs of Pain. And once in particular, 
 when Aqiiapendente w as drclti n'g his Wounds, rnd 
 ■faying that' he had not yet hcal'd' the moft dan- 
 gerou^of email, the Father replied briskly 5 And 
 •yet 'hs generally reported, this Was'madey///^ Ro- 
 wank Curia *', f.'e. in the Sti i jf (or with thcDagger) 
 of the Court ot Rome. The' frim^ Night he was 
 aflaultedl after his Wounds were 'drcls'd, and the 
 Stilfeto which had' wounded him was brous;ht at 
 his'Requcft, he took it in his Hand and immediate- 
 ly cried, ?w?i e'lim'atb, itis not'fired." M.Aipiero^ 
 'Who had drawn the Stiileto out of his Head, 
 'dc'firing to have it, a^ thinking it his Due, 'twas 
 -at lalt refus'd him Very civilly for rhis reafon j that 
 as the Father had elcap'd fo mir'aculoufly, 'twas 
 fit the bloody Inftrument Ihou'd be prelerv'd as 
 * Thisis aPun in theL^/Wjand cannot: be tranflacedinio^^/^/^/Z'. 
 
 d 2 a 
 
Ixviii T^e Li/s of Father PaulJ 
 
 a public Monument ; and therefore 'twas hung 
 at the Feet of a Crucifix in the Church of the 
 ServiteSy with the following Inrcription,*D^tf Fi- 
 lio Liber atofi \ To the Son of God, the Deliverer. 
 The Senate of Venice ,^ to (how the high Re- 
 gard they had for the Father, and their Detefta- 
 tionof this horrid Attempt, broke up immediate- 
 ly upon the News ; and with the deepeft Grief 
 in their Countenances, came in fuch numbers, 
 that very night, to the Monaftery of the Servi^ 
 that one would have concluded it had been the 
 Place of their Affembly. They fent Money to 
 the Monaftery, to defray the Expence of the 
 Cure : and, befides the daily Concourfe of the 
 chief Senators, fome of the principal Magiftrates 
 were appointed to vifit him every day i and the 
 Phyficians were often order'd to come into the 
 Senate, to acquaint that illuftrious Body with 
 the ftatc of the Father's Health. The Republic 
 afterwards knighted Aquapendentei and pre- 
 fented him with rich Chains and gold Medals, 
 for the great Care he had taken of Father TauL 
 The moft grievous Penalties polFiblc were en- 
 afted againft the Ruffians; and large Rewards 
 promised to thofe who might kill or feize any 
 Perfon who fiiould make any Attempt on his 
 Life, or difcover any Confpiracy that was for- 
 ming againft him. They gave the Father leave 
 to go always with arm'd Attendants for his Se- 
 curity; and appointed himaHoufe near the Pa- 
 lace of St. idark^ where he might lodge in 
 fafety. However, he cou'd never be prevail'd 
 «poa to quit his Monaftery ; only fome little 
 
 Galleries 
 
The Life of Father Paul. Ixix 
 
 Galleries were built adjoining to his Chamber; 
 in order that he might always go abroad by Water, 
 and never be oblig'd to return home, in the 
 Night-time, thro' the narrow Lanes and Alleys 
 when he came from public Bufinefs. But now 
 Neceflity oblig'd him to make fome little Altera- 
 tions, at leaft in his outward way of living j for 
 hitherto, he had always foUow'd the ftrid Rules 
 of his Order ; contenting himfelf with the fpare 
 Diet and modeft Habit of it, tho' a handfomc 
 Penfion had been fettled upon him by the Re- 
 public ever fmce he had engag'd in its Service. 
 Being now fo well provided for, he was very 
 liberal to his Brethren with whom he liv'd ; 
 and alfo gave confiderable Sums, for the beauti- 
 fying of his Monaftery. He had ever defpis'd 
 Riches, and lent Money to all his Friends who 
 addrefs'd him for that ptffpofe. I cannot omit 
 the Generofity of his Behaviour on thefe Occa- 
 iions, as related by Fulgentioy it being a rara 
 Avis in terris. . . La fua rnaniera di freftare 
 era con quefio terminey che volontieri ma con 
 conditioncy che nongli foffe ritornato ilprefiito^ 
 s'egli non lo ridomandava j come *voUndo donate 
 fenza ch'il donato haveffe anco q^efta infer tori' 
 fa d'baver ricevuto, i.e. *' He always an- 
 " fwer'd thofe who came to borrow Money, 
 *' that he would gratify 'em willingly, upon 
 " condition that they Ihould never return him 
 " the Loan 'till he ask'd for it. He not being 
 " willing to put a Perfon obliged to the Confu* 
 " Hon of faying, here's your Money again." He 
 frequently had thefc admirable Words in his 
 
 d i moutli, 
 
Ixx The Life of Father Paul. 
 
 Mouths Imitiamo ^eo e la natura^ that is, Let 
 US imitate God and Nature •■> tor thcfe, how 
 great fo-^vcr. their Gifts be, never give 'em by 
 way of Loan, and in expedation of a Return. 
 All the Hours he .was not employ 'd in public 
 Affairs, he fpent in his Studies, in ferving his 
 Friends -, or eife in Divine Service, alone in his 
 Cells he leading the Life of a true Anchoret, 
 except on the Occafions above menrion'd. Du- 
 ring the laft fixteen Years of his Life, he was 
 confulted on every kind of Subjed by all the 
 Cities of the Republic, v^hether relating to Mar- 
 riages, Wills, Innheritances, or to Peace and 
 War. I omit his great Abilities in all Matters 
 relating ro the good Government of a State, in 
 which he chiefly excell'd. So happy were his 
 Deciiions in Beneficiary Matters, that even the 
 Court of Rome cou'd never find the leafl fault 
 with them 5 and whenever the moft famous Uni- 
 verfitics were confulted on any Point at the fame 
 time with Father 'Paul, the Judgment of the 
 latter was always preferred, hi a word, his De- 
 cifions were rever'd univerfally,as fo many Ora- 
 cles. Fulgent io goes fo far as to declare, that 
 in the numberkfs Caufes in which he had been 
 cngag'd, his Sentesvces had never beenrepeal'd. 
 Neverthelefs, tho' Ke led fo holy and exempla- 
 ry a Life, flill this cou'd not allay the Rancour 
 of his Enemies. Great numbers were prompted 
 to this Animofity, from a Belief that nothing 
 couM fo foon advance their Inter eft in the Court 
 of Rome ; and indeed many of them were not 
 raiftaken in their Conjedures. Among other 
 
 Calumnies, 
 
The Life of Father Paul. Jxxi 
 
 Calumnies, 'twas faid that Father T^atil had on 
 allOccafions oppos'd the Clergy; and that his 
 only aim was, to Icffen theEcclefialHcal Jurif- 
 diction. But all who were acquainted with 
 him, knew this to be a falfhood ; and that, fo 
 far from it, he in all his Difcourfcs and Writings 
 ftrove rather to enlarge the Prerogatives of 
 the Church. Nay, he did as many good Offices 
 to the Clerical Order, as if he had been appointed 
 the perpetual Advocate of true canonical and 
 lawful ecclefiaftical Jurifdidion and Liberty j 
 not indeed of that which has fince been wicked- 
 ly ufurp'd, and which, fays FulgentiOy we may 
 affirm was introduced to no other end, but ro 
 undermine and deftroy all Order, and even the 
 purity of Religion. For Father Taiil, excited 
 by a truly-ardent Zeal for the real Interelt of 
 the Church, for ever aflerted, that nothing was 
 fo great a Check to the Increafe and Propaga- 
 tion of the Roman Catholic Religion, as the 
 endeavouring to ftretch thofe Liberties and Pri- 
 vileges beyond their proper Bounds j and that 
 this Attempt alone had always been the Cauie 
 of, and ftill kept up, the deplorable Divifions 
 which reign'd in the Church. On the other 
 fide, fir'd with the like Zeal for the prefervatiou 
 ofRehgion, he always look'd upon thofe Princes 
 as guilty of a very great Crime, who negleded 
 to preferve every part of that Power with v/hich 
 God had invefted 'em. For by this means, fuch 
 Princes were no longer able to govern their Sub- 
 jects without being engag'd in perpetual Contefts 
 about their Jurifdidion. He alfo affirm'd, that 
 
 d 4 the 
 
Ixxii Tie Life of Father Paul. 
 
 fcvcral Feuds which reign'd among the Chriftians 
 in his lime, were owing not fo^uch to Oppo- 
 fition in Matters of Faith, as to Struggles for 
 Power i which degenerating more and more, had 
 at Jaft, under various Fadions, aflfum'd the 
 Mask of Religion. He corroborated his Afler- 
 tions from Hiftory, which fhows, that thofc 
 wha= were look'd upon as good Princes, were 
 always mod vigorous in aflerting their feveral 
 Prerogat ivcs j and that all who gave up any of 
 them on this Occafion, were effeminate, igno- 
 rant aiKl- vicious. 
 
 In loop, a new Confpiracy againft the Father 
 was di^cover'd, the Particulars of which are as 
 follow^ Bernardo, a young Friar, who was very 
 much carefs'd by Cardinal Borghefe^ prevailed 
 withtlie: General of i\\tServitesto fend to Ta- 
 dudy a Friar named Gio. Francefio of Terugia^ 
 upon pretence of carrying on his Studies in that 
 Univerfity. 
 
 The little diftancc there is between ^adua 
 and Venice, gave Francefio an Opportunity of 
 coming often to the Monaftcry of t):\c Ser'vitesivi 
 the latter City, where he ingratiated himfelf par- 
 ticularly with Friar Antonio of Viterbo, who 
 "being Father Tatd's Amanuenfis, was very fa-* 
 miliar with him upon that account. Thefe 
 two Friars were Townfmcn, and had formerly 
 "been great Friends. Father 'Paul was not 
 -pleas'/d with this ftrid Intimacy, which never* 
 thclefshe only hinted to ^xizi Antonio i wherc- 
 ^upon the latter was vifitcd no more by Francefio 
 CO ift the ufual Place, but then they met elfc- 
 
 whcrc: 
 
Tie Life of Father Paul. Ixxiii 
 
 where : They even wrote Letters one to ano- 
 ther, of which a Jew was the Mcflengcr. Now 
 it happen'd one day, when Antonio was not 
 at home, that the Jew deUvcr'd one of theic 
 Letters to another friar ; telling aim, at the 
 fame time, that he was always the Bearer on 
 thcfe occaiions •, however, that he inrcnded to 
 be lo no longer, bccaufe he did not know what 
 Bufiiiefs they were upon. The Friar carrying 
 this Letter to Father ^Paul, the latter gave it af- 
 terwards to Antonio^ charging him, at the fame 
 time, to break off from Fr/tncifio, upon pain 
 of being aifmiffcd his Service. Antonio made 
 the bert £xcufc he could ; butlUll continued to 
 meet Francifco privately, at a certain Woman's 
 Houfe, till fuch time as the Affair was ripe for 
 Execution. 
 
 One Morning at Day-break, thefe two Friars 
 being together in the Sacrifty, where they were 
 a long time in clofe Conference, Francefco 
 puU'd out a great Piece of Wax, which drawing 
 after it a Packet of Letters; thcfc drop'don the 
 ground, unperceiv'd by the two Friars : When 
 both going away, the Saciiftan took up the Pac- 
 ket, and carried it to Fulgentio 1 he latter 
 opening it, found the Letters were all writ in 
 Cypher ; whence he naturally concluded, that 
 they concealed foipe Myilery. He afterwards 
 found, that Bernardo liad writ to Francefco, to 
 dcfire he would prefs Antonio to difparch this 
 Suadragejjmaie : That the nmc hundred 
 Crowns were ready for him, and that he might 
 depend upon the twelve thoufand Crowns more, 
 
 and 
 
Ixxiv 7he Life of Father Paul. 
 
 and even upwards. In fome of the Letters he 
 laid, he had fpoke with the Signior ^adre^ (the 
 Lord Father) in other places, with ilFratello^ the 
 Brother, none of whom, it afterwards appear'd, 
 were under the Degree of Cardinal 5 that the 
 General of the Servites bid him not fear any 
 thing, and that they all wifh'd for this ^ladra- 
 gefimale, 
 
 Thefe Letters being fnewn to Father Taitl^ 
 he immediately fufpeded the Purport of them -, 
 however, he earneftly defir'd Fidgentio not to 
 take the Icafl: notice of any thing, till they 
 fhould have got more Infight into the Affair ; 
 faying, that he, in the mean time, would re- 
 move Antonio from his Service. FulgentiOy 
 neverthelefs, carried this Packer, ( confiding of 
 eight Letters at leaft ) to one of the Inquifitors 
 of State i upon which, Francefco, and after- 
 wards AntoniOy were feiz'd. 
 
 An Enquiry being made into this Matter, it 
 appear'd, that, under the Word ^ladragefi- 
 male, three Attempts were conceal'd. 
 
 The firO: was this : As the Father, on ac- 
 count of a Relaxation of his SphinBer Ant (the 
 Gut which ferves to keep in the Excrement ) 
 wasobligd to have that Part fhav'd once a Week, 
 and would not truft any Perfon on this occafi- 
 on, but his Servant Antonio -■, this Friar fliould 
 take this Opportunity of giving Father Taul a 
 mortal Wound with the Razor . . . But Antonio 
 cxcus'd himfelf with faying. That he always 
 fainted away at the fight of Blood 5 and far- 
 ther, that he could not be fo hard-hearted, as 
 
 to 
 
7he Life of Father Paul. Ixxv 
 
 to mui'dei his Benefaftor in fo barbarous a man- 
 ner. 
 
 Tlie fecond Attempt was, the fending of 
 Poifon from Rome, to mix with the Father's 
 Viduals or Drink, percbe con unafava havreb- 
 bono prefe due Colombe, as they expiefs'd it ; 
 that fo, * they might catch two Pidgeons with 
 one Bean : By which was meant, that Father 
 ^aul ^nd Fulge7itio might both be fent out of 
 the World with the fame Dofe. But this was 
 judg'd too hazardous, as it would be fcarce pof- 
 fible to poifon the two Fathers in quedion, 
 without difpatching thirty more at the fame 
 time, fmcc the fame Eatables were prepared 
 for all, without diftindioui not to mention, 
 that all fuch as were given to the two Fathers, 
 were always infpeded very carefully, ever iince 
 they both had been taken very ill, v/ith eating 
 only a little Bisket. 
 
 The third Attempt, Vv-hich the two Friars ap- 
 prov'd as moft eafy and fafe, was, that Anto- 
 mo fhould take off the Prints of the Keys of the 
 Father's Cell, with the Wax above- mentioned ; 
 and that afterwards, getting othci Keys made, 
 he ihould let in Ruffians in the Dead of Night, 
 to murder the innocent Father in his Bed : A 
 horrid Crime, which Heaven was pleafed to dif- 
 covcr in the manner above related ! 
 
 This Affair being brought before the Coun- 
 cil of Ten, they pronounced as follows ; 
 That Francefco (hou'd be hang'd, unkfs he, in 
 
 a 
 
 * Kill two Birds ivith one Sione^ 
 
Ixxri The Life of Father P a u l. 
 
 a certain time mentioned in the Sentence, 
 fhould make a Difcovery of the whole Confpi- 
 racy j upon which Condition, he fhould be im- 
 prifond only for twelve Months, and after- 
 wards be banifhed for ever from the Dominions 
 of the Republic. 
 
 The Senate alfo caus'd his Chambers at ^^J- 
 duaio be fearch'd, in a private Corner of which, 
 fuch Letters and Cyphers were found, as fuffi- 
 cicntly clear'd up the dark Scene ; and, at the 
 fame time, brought to light many other Parti- 
 culars : All which, fays Fulgentio^ the Sena- 
 tors, from the Refped they bore to Religion, 
 were very induftrious in concealing. 
 
 Notwithftanding the Biacknefs of this At- 
 tempt, Father Taul prefcrv'd his ufual Humani- 
 ty and Companion, and begg'd on his Knees, 
 that the Criminals might not be put to death. 
 'Tis thought, that the Commutation of the Sen* 
 tence was owing to his Intreaties ; notwithftan- 
 ding which, the Inveteracy of the Clergy againft 
 him increas'd 5 whilft he, on the other fide, 
 grew ftill more and more into the Efteem of the 
 Republic, and of all good Men. 
 
 Several other Confpiracies were afterwards 
 form'd againft his Life, fome of which were re- 
 vealed to him, by thofe who did it in the view of 
 being rewarded j and others were difcover'd by 
 the Inquifitors of State, One of thefe Plots 
 was. To carry him off, alive, out of the Do- 
 minions of the Venetians i but this Deiignwas 
 afterwards laid afidc. 
 
 It 
 
TTha Life of Father P a u l^ IxxvU 
 
 It may not be improper to be a little more 
 particular in the following Relation. A young 
 Man arrived at Venice, in a military Drcfs ; but, 
 behaving very aukwardly in it, was fufpeded to 
 be a Prieft in difguifc. This Man imploy'd 
 every Artifice to get to the Speech of Father 
 ^au/, upon pretence that he wanted to inform 
 him of fome Particulars which concerned his 
 Life; faying, that he would willingly conlent to 
 come unarmed into his prefencc. He always 
 fpokc to Fulgentio on theie Occafions ; and, at 
 laft, told him, that he was a near Relation of 
 Cardinal Baronius, but had loft his Favour. 
 Fulgentio afluring him, once for all, that he cou'd 
 never be admitted to the Father j but that he 
 ( Fulgentio ) had Money at his Service, in cafe 
 he wanted fome : the Man was aftonifhed at 
 the Offer; when, fixing his Eyes ftcdfaftly on 
 FulgentiOy he cried, Guardatevi da Traditori^ 
 che n' havete bifogno, &:c. Take care of Trai* 
 torsi God preferve you all \ for Jfrid you are 
 not fuch People as you are reprej'ented. A lit- 
 tle after this he left Venict', and was never heard 
 of afterwards. 
 
 Cardinal Bellarmine, tho' engag'd in a diffe- 
 rent Party from dthzr ^Pauly he yet always dil^ 
 cover'd the u moft Veneration for him ; whilft 
 the Father on the other fide, had the higheft 
 Eftccm for the Cardinal. 
 
 This Prelate, anionr: other Teftimonies of his 
 Friendfhip, defi>M a Gentleman of K<?;/7^, then 
 at Venice^ to piefcnt his Service to the Father, 
 and to intrcat Iwm, in his Name, to take care 
 
 of 
 
Ixxviii The L^ife of Pather PauIV 
 
 of his Pcrfon j declaring, that it was of the ut- 
 moll confequence to him to be upon his guard. 
 Another Inilance the Cardinal gave of hrs Affec- 
 tion for the Father, was, his refufing to coun- 
 tenance a Libel, entitled, The Life of Father 
 ^aul which the Pope had ordered him to exa- 
 mine. For, upon the Cardinal's affuring 'pdulV, 
 that he knew the Father to be a Man of the 
 moll confummate Virtue, it wasfupprefs'd. The 
 Author of the Libel, who afterwards was rais'd 
 to confiderable Dignities in the Church, being 
 difcover'd, Father ^aul wou'd never fuffer him 
 to be profccuted : Ncvertheiers, after the Fa- 
 ther's Death, he was obliged to leave the Ve^ 
 netian Territories. 
 
 And now the Pope being informed, by Per- 
 fons on whofe Veracity he relied, of the Fa- 
 ther's great Learning * and Virtue, was pretty 
 well reconcil'd to him ; and exprefs'd his Satil^ 
 fadion at the Decifion made by him in the Af- 
 fair of the Bifhop of Tine, againft whom Ibme 
 Inquifitors had complained. The Pope cou'd 
 not forbear faying, on this occafion, that he had 
 ever heard, from all hands, that Father "Taul 
 was a paffionate Lover of Juftice; whilft, On'the 
 other fide, the Father wilh'd the Pope a long 
 
 * The Charader Sir Henry, 
 Wotton gives of Father Tatil^ is 
 as follows i " He was extreme- 
 " ly humble, excellent in Pofi- 
 *' tive, excellent in Scholaftic 
 " and Polemical Divinity ^ a 
 " rare Mathematician, even 
 " in the mod abftrufe Parts 
 ^' thereof, as in Algebra and 
 
 "i the Theoricks ; and yet with- 
 " al fa expert in the Hiftpry 
 « of Plants, as if he had ne- 
 « Ver perus'd any Bool^ but 
 « Nature; laftly, a great Ca- 
 ^' nonilt, which was the Title 
 " of {lis ordinary Service with 
 « the'State. 
 
 Life 
 
The Life of Father Paul^ Ixxlx 
 
 Life, and that he might furvive him ; faying. 
 That his SuccefTor wou'd certainly revive the 
 Quarrel. 
 
 Notwithftanding the great Animofity of the 
 Court of Rome againft the Father, 'tis certain, 
 that its moft iiluftrious Prelates always exprefs'd 
 the higheft Regard for him. Among others. 
 Cardinal ^^//^r;»/>2^ cou'd not forbear declaring 
 in public, That the Father might have been of 
 great fervice to the Church; but that they had 
 only given him a dry Flower to fmell at, a na- 
 fare un fare fecco. However, many Perfons 
 thought him a Hypocrite*; but, i^ys Fulgeit- 
 tiOy his whole Condud prov'd the contrary, he 
 never ufing any of thofe Aftions which Hypo- 
 crites perform fo induftrioufly in public ; fuch 
 as, the making a Parade of his Beads in the 
 Streets, killing Medals as he was walking, fhew- 
 ing himfelf among a great Concourfe of Peo- 
 
 * Bifliop Burnet tells us, in 
 the Life of Bifliop Bedell^ 
 " When one objeded, that 
 " he ( Father Faul) M\ held 
 *' Communion with an ido- 
 " latrous Church, and gave it 
 " credit, by adhering out- 
 " wardly to it ; by which 
 " means, others, who depen- 
 '■'^ ded much on his Example, 
 " wou'd be likewife encou- 
 '' rag'd to continue in it^ all 
 *' the Anfwer he made was, 
 *^ That God had not given him 
 « the Spirit of Lmhax " Thefe 
 Aflertions, and thofe of Ful- 
 gentio^ in different Parts of Fa- 
 
 ther Paul's Life, make a per- 
 fed: Contraft Mark An- 
 thony de 'DoTTiijiis fays as fol- 
 lows of Father Paul -^ " He 
 " heard wich Uneafmefs any 
 " indecent Refledions on the 
 " Church of Home ^ and ycc 
 " he fliew'd an earneft DifTcntr 
 " from thofe who regard its 
 " Abufes and Corruptions as 
 " facred Inftitutions. He was, 
 '' however, a fteady Adherer 
 " to, and a conftant Follow- 
 " eroftheTruthj and thought 
 " it his Duty to receive and 
 " embrace it, wherever he 
 « found it." 
 
 pie, 
 
Ixxx Tlje Life of Father Paul*' 
 
 pIc, talking in an afFeded Strain of Piety,' oc 
 
 wearing a dirry, tatter'd Habit. 
 
 Father Taul only fmil'd, whca he was told 
 by othets, the feveral difadvantageous things 
 which were fpoke of him ; and particularly, 
 upon his being inform'd, that the Nuncio's de- 
 clar'd him to be the mod wicked Wretch that 
 ever liv'd, he laugh'd, and faid : " They nccef- 
 " farily muft entertain fuch an Opinion of mc, 
 " bccaufe I am the very oppofite to them 5 and 
 '* if they are To very perfed, they confequent- 
 *' ly muft confider me as the vileft Creature up- 
 *' on Earth. " Monfieur de VillierSy affuring 
 him, that he was accus'd of Hypocrify by the 
 Nuncio, he begg'd that Gentleman (by a Friend 
 of his ) the next Time that fuch an Affertion 
 iliou'dbc advanc'd, todefirethe Nuncio to point 
 out fomc Charaderifticks which prov'd him a 
 Hypocrite. Accordingly, the Nuncio was ask'd ; 
 and, not being able to make good his Charge in 
 a fingle Inftance, he was quite confounded. Ne- 
 verthelefs, father ^aul was fo affeded with 
 thefe Imputations, that he conjur'd an intimate 
 Friend of his, to inform him very rigoroufly, of 
 all his Failings > and efpecially, to be fo ingenu- 
 ous as to declare, whether he difcover'd any 
 thing in him, that lookM like Hypocrify. 
 
 After the Interdid, this pretended Hypocrify, 
 and fuch-like Accufations againft Father Tauh 
 were often talk'd •f both in the French and*5]^tf- 
 W//& Courts. Contarini the illuftrious Venetian, 
 and Cardinal Ubaldinij thePope*s NunciOjJufcd 
 frequently to engage at the former Court, in very 
 
 warm 
 
72^ Life of Father Paul. Ixxxi 
 
 warm Difputcs, on this account : Ubaldini in- 
 veighing always againft him with the utmoft 
 Rancour, while Contariniy who knew him pcr- 
 fcdly, undertook his Defence with all the Zeal 
 of a fincere Friend. But no one exclaim'd with 
 fo much Virulence againft the Father, as Maffeo 
 Barberino, the Pope's Nuncio at the Court of 
 France. He was for ever crying aloud, That 
 Father '^aid was a worfc Wretch than either 
 Luther or Calvin*, and therefore deferv'd to 
 be alTaflinatcd. This Nuncio difcovcr'd, that 
 the Father carried on a Corrcfpondence with 
 fome Counfellors of the Parliament of Taris, 
 and the Do<5tors of the Sor bonne ^ who vigorouf- 
 ly opposed the Ufurpations of the Church of 
 Rome, over the Liberties of the Galilean Church. 
 Father ^/2?// indeed wrote Letters to Gillotj Sal- 
 majius^ L' EfchaJJier, Servin^ Richer^ and 
 even to the great Cafauboriy when 'twas repor- 
 ted every where, that he intended to turn Ro- 
 man Catholic t. However, the only Purport 
 
 of 
 
 * Mr. Jurieuy in his Tafto- 
 ral Letters., fays, " Father 
 *' Paul knew the Corruption 
 " of the Roman Church, at 
 " leaft, as well as Luther ^ 
 " made no fecrct of itj and 
 *' no eminent Proteftant pafs'd 
 " by Venice, to whom he did 
 <' not dilcover himfelf con- 
 " cerning it." The Father, 
 when ftrongly urg'd to break 
 with the Church of Rome, 
 wou'd own, " That God had 
 '' not given him the Heart 
 ^« and Spirit of Luther ." Th :; 
 
 does not agree, in any manner, 
 with what Fulgentio allerts of 
 Father Faul, in different parts 
 of his Life. 
 
 t The Writer of Father 
 Paurs Life in Englijbj abovc- 
 mention'd, has committed a 
 notorious Millake, in decla- 
 ring, Page xliv. That the great 
 Cafaubon turn'd Papift. A Ile- 
 port(which was groundleiS; had 
 indeed prevail'd , That he was go- 
 ing to be a Convert to Popery j 
 " but 'tis univcrlally known, 
 '^' thu he did not turn." F///- 
 gcntiiii 
 
lx?:xii 7he Life of Father Paul. 
 
 of thefe Letters was, to inform himfelf of the 
 Points debated between the fecular and eccle- 
 fiadical Jurifdidions : Notwithftanding which, 
 Barberino reported every where, that all thofe 
 who correfponded by Letter with the Father, 
 were Hereticks.- 
 
 The CircLimdance that moft cxafperated his 
 Enemies, was, the certain Impoilibility of their 
 being ever able to corrupt him by Money, which, 
 'twas well known, he had always defpis'd. The 
 only thing, therefore, of which they could ac- 
 cufe him, with the lead Shadow of Probability, 
 was, his having a flrong Thirft after Fame. 
 *' This, as Fulgent to has prettily exprefs'd it, 
 " was the only place in which thcfe Wafps fix'd 
 ** their Stings, after buzzing a long time about 
 *' him j to difcover, if pofliblc, fome other 
 *' pare on which they might difcharge their 
 *' Venom." // piitrido^ dove ttttt'i qiieftt vef- 
 fon'i qua e Ih jhjolazzando finalmente fi ferma- 
 njano. But the whole tenor of his Life prov'd 
 him to be averfe to Fame and Ambition of eve- 
 ry kind 5 and indeed, he us'd to fay often, in a 
 pleafant way, Chi camina sh'le Zanche^^ o fede 
 tn alto, non mimtifce fatica^ ma ft a fiu inpe^ 
 Yicolo, i. e. " Ke v^'ho walks on Stilts, or fits a- 
 '* loft, undergoes no lefs fatigue than thofc 
 *' who fland below; and, at the fame time, are 
 *« more cxpos'd to Danger." The great Difin- 
 •, clination he had ever, to print any of his Com- 
 
 gentloh Words are thefe 
 
 Ha Cafaubone quando era fa- 
 ' ^i^ > oft' ante chefi facejje Cat- 
 
 tol'ica. The Englifli of which 
 I have "iven in ihe Text. 
 
 ti 
 
 pofitions, 
 
He Life of Father Paul. Ixxxlii 
 
 pofitions, fliew how little defirons he was cf 
 Fame. 'Tis alfo well known, that he wou'd 
 not fuffer himfelf to pafs for the hiventor of 
 feveral very ufcful Mathematical Inftruincnts, 
 ( the * Thermometer in particular) that were cer- 
 tainly found out by him ; an evident Proof, how 
 unambitious he was of making a noife in the 
 Wo Id. 
 'Twas a great Lofs to the Curious,Tays Fulgen- 
 tiOy *' That when Father ^Whad projeded an 
 " Inftrument, with regard to the turning of the 
 " Earth, (which, having been belicv'danticntly, 
 *' was reviv'd by Copernicus) to explain all the 
 *^ Phenomena by a fingle Motion i that Artifts 
 " cou'd not be found, to make him an Inftru- 
 '' ment to exhibit the whole to the Eye." 
 
 Altho'feveral Kings and Princes had defir'd him 
 to fit for his Picture, he always cxcus'd himfelf ; 
 fo that all the Portraits of him were taken at ran- 
 dom ; he having even refus'd to oblige his very 
 intimate Friend, the learned and illuftrious Sig- 
 nior + Moliniy in this Particular, the' he ear- 
 neftly conjured him to it, by all the Ties of 
 Friendfhip : And indeed, this Senator was fo 
 
 * Fiilgentio feems to be in 
 an error here j the invention of 
 this Inftrument being com- 
 monly afcrib'd to IRnhcrt Find 
 But fome others declare, that 
 one Drebelf a Pealimr of North 
 Holland^ who had been fent 
 for into Eng/avd, firft difco- 
 vcr'd it. 
 
 f We find, that Sir tJeiiry 
 WottoUf when Ambaflador at 
 VeTike-, got the Picture of Fa- 
 
 ther Taul. " I make bold, 
 " ( f^iys Sir Hewry ) ro fend you 
 " a truePiwlureof Fadre ?at- 
 " lo. the Serv'tta^ which was 
 " firft: taken by a Painter, 
 " whom I ient uiito Him from 
 " my floufc, then neighbour- 
 " ing his Monaftery. " This 
 feems to hint, in fome mea- 
 ilire, as tho' F;ither Paul had 
 really fat for his Pidure on 
 diAt occahon. 
 
 c 2 highly 
 
Ixxxiv iT^e Life of Father Paul. 
 
 highly difguftcd at the refufal, that he did not 
 fpcak to the Father tor fcveral Months. 
 
 Father Taul's fmcere Zeal and Attachment to 
 the Intcreft of his Country were fo well known, 
 that the Republic indulg'd him an Honour which 
 had never been granted to any of it's Confultors, 
 'viz. the having free Accefs to all the Apartments 
 in which their Records are kept ; and to both the 
 fecrct Cabinets, to perufe the Writings, Regifters 
 and moft private Deliberations of the State. 
 Here he Ihew'd the prodigious ftrength of his Me- 
 mory, for he cou'd immediately turn to any Page 
 he wanted in thofe almoft innumerable Volumes i 
 they containing the fundamental Laws of the Re- 
 public, all their Treaties of Peace, their Truces 
 and x\lliances 5 as alio an Account of moft of the 
 Intrigues of State in the fevcral parts of EuropCy 
 durins; fcveral Centuries 5 befides the various 
 Changes and Revolutions which have happen'd 
 in the different parts of Chriftendom ; the whole 
 written in Gothic Charaders, which are very 
 hard to read. . . . Father Tatil drew up Indexes- 
 to many of them. 
 
 Fiilgentio dcicends fo far to particulars, as to 
 relate the fcveral Changes and Alterations made 
 in Father Taul'% Health, and the various Difeafes 
 with which he was afilided. On one of thefe 
 Occafions he gives the following Inftance of 
 his Rciblution : " Father Tatil, when a young 
 " Man, coming on horfeback from Lombardy to- 
 *' wards ^adua in the hotteft Seafon of the Year, 
 " was attack'd by a terrible Squincy. Immedi- 
 *' atcly he fcnt for a Surgeon to bleed him, who 
 
 " ablolutely 
 
The Life of Father Paul. Ixxxv 
 
 " abfolutely rcfus'd, unlcis a Phyficlan fhould 
 *' prcfcribe. The Father ufed all the Argu- 
 " mcnts poflible, but to no purpofe, to make 
 " him comply with his Rcqucft 5 and the Infiam- 
 " mation growing very painful, he Iccni'd to 
 *' acquiei'ce with the Surgeon : but defiring to 
 " fee the Lancet, whiKl: the Phyfician was 
 " fending for, upon pretence of trying whether 
 " it was fharp enough 5 he took the Inftrument, 
 " and was going vei;^y refolutely to open a Vein, 
 " which the Surgeon feeing, hehimfclf bled the 
 " Father, and fo gave him immediate Eafe." 
 
 We obfcrved, that he had applied himfelf in- 
 tenfely to the Study of PhyfiCi and it appears that 
 he very feldom made ufe of the Prefcriptions 
 of the Faculty, he being his own Doctor. 'Tis 
 fafd, that he did not approve of the vulgar Me- 
 thods empioy'd on many Occafions. " FiUgentio 
 " tells us, that he look'd upon it as certain, and 
 " ufedto declaue publickly, that the Pra(flice in 
 " his time, of ordering fo fudden and total a 
 " Change in Diet and in Adion, with fuch fre- 
 " quent Purgings, cou'd have no other EfFed 
 " but to emaciate the Body, and prolong the 
 " Difeafe; andthat it particularly was of dange- 
 " rous confequcnce to aged People, to change 
 " their ufual way of Life, becaufe this wea- 
 *' ken'd very much the feveral Organs; andthat 
 " the taking to one's Bed, and refraining im- 
 " mediately from Suftenance, enervated the 
 " Body very much." We find that the Methods 
 he empioy'd to cure himfelf were always very 
 fuccefsful i and that,tho' he was of fo very delicate 
 
 c 3 a 
 
Ixxxvi The Life of Father Paul. 
 
 a Conftitiuion, he neverthelcfs ufed to recover 
 on a fuddcn. 
 
 Being taken very ill in his 6tft Year, the 
 Senate order'd the ableft Phyficians of the 
 Country to attend him. The famous SanBo- 
 riiis, his intunate Friend, having given him 
 over, contrary to the Father's Opinion of him- 
 felf ; and he afterwards mending, and SanBo- 
 rius going to feel his Pulfe, Father Taul refus'd, 
 and laid with an Air of pleafantry, " What! yoii 
 " now want to carefs me, when a Moment be- 
 <^ fore you fentenc'd me to die." The ferious 
 Fra. Ftilgentio does not omit the following lu- 
 dicrous Stroke : " This great Phyflcian {Sanc- 
 " tortus) advifing him to drink Afles Milk ;" 
 " Very pretty indeed, fays Father 'PW/ for me 
 '' who am upwards of threefcore to claim kin- 
 *-^- dred to an Als." Che bel configlio d'lm amico, 
 di volerlo mparentar con git Afim^ adejfo ch' era 
 p'tii che feffagenario. 
 
 Father "F aid's Name, ever fince the Interdi(ft, 
 was become very famous all over Europe ; fo 
 that many great Perfonages went into Italy, 
 purely to get a light of, and converfe v/ith Hun. 
 Several Kings honoured him with their Letters, 
 and oblig'd their Children to vifit him in their 
 Tr.wels ; and one of thefe charg'd the Prince his 
 Son not to forget to ice that little Eye of the 
 World, Orbis terra Ocellum, as he cali'd Father 
 'Faul. And * Aarfens^ the 'Dutch Ambafiador, 
 
 at 
 
 * See his Article, Remark 
 (C) in Bayles Didionary, 
 where we are told on che 
 
 credit ofPa/Iavicrao^ " that a 
 
 •' Secretary of the Prince of O- 
 
 " rajjgejh^ppcniug to be prcfent 
 
 " in 
 
The Life of Father Paul. Ixxxvii 
 
 ^l Venice, happening to fee the Father, by acci- 
 dent, when he was at an Audience; he told the 
 Senator, who kept him Company, " That he 
 *^ was lb well pleas'd at his havuig got a fight 
 " of Father ^atU, who was juftly thought to be 
 " the greatcft Man in Europe^ that he fhould 
 " return home with prodigious Satisfadion, 
 " tho' he (liould not be graiiiicd in any of his 
 " Demands; fully perfuaded, that he now had 
 " been well rewarded for all the Fatigues of his 
 " Journey, and the Expences of it." Fidgentio 
 allures us, that two Kings made him very advanta- 
 geous Offers, and follicited him very llrongly 
 to come and refide in their Dominions. 
 
 Among the feveral Conferences which Father 
 *P^«/had with Perfons of Dihindion, none way 
 more remarkable than that in which he ensiasi'd 
 with the Prince oi Conde in 1622, the Year be- 
 fore the former died. This Prince, after having 
 in vain endeavour'd to get to the Speech of the 
 Father, was at laft permitted to dilcourfc with 
 him,in prefence of feveral Senators, in the Palace 
 of the noble Venetian^ Contarint. The whole 
 Conference was taken down in Writing 5 and the 
 SubftancG of it, as given by Fulgentio, is curi- 
 ous enough. The Prince wanted to know Father 
 ^Faith Opinion concerning the feveral Sects of 
 
 " prefentarive of a Common- 
 " wealth, which look'd upo,n 
 " the Pope as the true Anc:- 
 " chrift." But PaHa'jiciPoa 
 Authority may be juftly lut- 
 peited. 
 
 *' in Veiiice^ at an accidental 
 '' InterviewoftheSieur^i?5flw- 
 " merdick the Dutch AmbaHa- 
 " dor and Father P^?//; the 
 *' latter complimented this Mi- 
 " nifter with faying;, that he 
 " was overjoy'd to lee the Re- 
 
 e 4. that 
 
Ixxxviii Tide Life of Father Paul. 
 
 that Age, particularly that of the Proteftants of 
 France^ which he Taid was very prejudicial to the 
 State. He alfo ask'd his Sentiment with regard 
 to the queftion concerning the Superiority of 
 Councils over the Pope ; what Idea he had of 
 the Liberties oi \\\z Gallic an Church; whether 
 he believ'd it was lawful to join in ofFenfive and 
 defenfive Leagues with thofe of a different 
 paith ; how far the Bounds of excommunica- 
 ting Princes might extend ; and above all, he 
 defir'd to be told the true name of the Author 
 of the Hiflory of the Council of Trent, which 
 indeed was the only Motive of his fuing for this 
 Conference. On this occafion we fhall find 
 the Father made the moft prudent and fagacious 
 Anfwers. 
 
 With regard to the French Proteftants, he a- 
 voided very artfully the giving his Opinion con- 
 cerning them, by obferving to the Prince, that his 
 therand Grandfather, who both were renown'd 
 for their Wifdom and Valour, had join'd with 
 thofe of that Perfuaiion; which Anfwer flopt 
 this witty Prince at once, he knowing very 
 well the Aim of it. 
 
 The Father difengag'd himfelf as happily from 
 the fecondQiicflion, by referring the Prince to the 
 Judgment of the *S'^r^^w;z^ on that head; as he 
 did likewife with regard to the third Article, fay- 
 ing, that the Parliaments of France, and even 
 the Sor bonne, had always been of opinion, that 
 every Church has it's own immediate and natural 
 Liberties: obferving by the wny, that thtGal- 
 licdn Church had more ftrongly opposed the 
 
 ITilir- 
 
The Life of Father Paul. Ixxxix 
 
 Ufurpations of Rome than any other. As to 
 the fourth Queflion, all he anfwer'd was ; that 
 Vo^^ Julius W. had cmploy'd Z/^r^'j- in the Siege 
 of BolognUy and ^aitl IV. made ufe of the GV/- 
 fons at Rome -, and that the Pope call'd the latter, 
 tho' of a different Perfuafion, Angels fent from 
 Heaven to deliver him. He expatiated much 
 more on the Excommunication of Princes, ob- 
 feving among other Particulars, that had the 
 Popes only forbid Princes the Sacrifice of the 
 Mafs and other Offices of the Church 5 in that 
 cafe Controvcrfics and Difputcs wou'd not have 
 been carried to fuch a height : But that the 
 chief Subjed of the Complaint made by Princes 
 was, that upon pretence of Excommunications, 
 (which have never been but Punifhmcnts purely 
 fpirituil) the Popes had affum'd to themfelvcs 
 a Power of exciting the Subjcils of fuch Princes 
 as were excommunicated, to Rebellion ; of dif- 
 charging 'cm from their Oath of Fidelity, and 
 from the Subjection they owe them, by Laws 
 both Divine and Human ; nay, of dethroning, 
 and even procuring 'em to be alfaffinated. As 
 to the lafl: Article, relating to the Hiflory of the 
 Council of Trent *, the Father iinowing the 
 
 Prince 
 
 * We find, by Vidgeitt'w-^ 
 that Camillo Olivo, Secretary 
 to one of the Legates at the 
 Council of Tr £>?;?, gave Father 
 r^ul great Light into the 
 Tranfaftions of this Counci!; 
 that Secretary having had a 
 confidcrablc lliarc in all the 
 Negotiations of it, the moil 
 
 fecret Particulars oF which 
 were known to him ; he had 
 lliown the Father feveral Wri- 
 tings and Memoirs, in the per- 
 Ljfal of which the latter took 
 great pleafure : and that, bc- 
 caufe this Council, which had 
 employ 'd the Attention of all 
 Chriftendora fo many Years, 
 beins 
 
xc The Life of Father Paul. 
 
 Prince was the firft Pcrfon in France who had 
 declar'd him to be the Author of it, he only 
 faid; They at Rome know very well who it 
 was writ by : which was the only Anfwer the 
 Prince could get from him *. This is the Sub- 
 ftanceof the whole Conference f> and yet fome 
 Pcrfons were fo malicious, as to give out, that 
 the Prince in difputing with the Father had put 
 him to a nonplus. 
 
 " Among other Calumnies, faysF/i-^^w^/^/pub- 
 *' Ulh'd, not only by the hireling Writers of the 
 " Court oiRome^wi even by Car d'msil Baronhis, 
 *' Bellarmine and others, one was, that a Defign 
 " was fornVd to change the eftabiiflVd Religion 
 
 bain^ but lately ended, \\iA\llcnYj Wotton^ ^'- TheConrefl: 
 raised the Curiofity oF all Per- " betwixL thePope and thcRe- 
 
 Ibns, who wanted to know the 
 Truth of the ieveralParriculars. 
 No one was more inquificive 
 on this Occafion than Father 
 F^«/, who took down Notes 
 of all he then heard. 
 
 * This Work, firft publifh'd 
 in 'London (as was before ob- 
 f'jrv'd) was dedicated to King 
 Jcwics I. by Mark A7itho7iy 
 de Doinivis^ Archbiftiop of 
 Spalato. The Manulcripc was 
 
 brought over from Itafj by 
 
 Mr. Bedeli (afterwards a Bi- 
 
 iliop) who had prevail'd upon 
 
 Mark Anthony de Dorttinh to 
 
 come to Evz,land with Him. 
 
 Billiop Bedell afterward tranf- 
 
 Jsred the two laft Books of that 
 
 Hittory. . . . But according tojtion'd in a Lctier of Sir Hewry 
 
 Pr. Waltojij in his Life of Sir « IFottou. 
 
 '' of 
 
 public was the Occafion of 
 
 '^ Father Vaul's Knowledge of, 
 
 " and Intereft with King 
 
 " James ; and for his fake he 
 
 " compil'd the Hifiory of the 
 
 ^^ Comicil of Trent, which, as 
 
 '■^ fail as it was written, was 
 
 " fent in feveral Sheets, in 
 
 " Letters, by Sir Henry jTot' 
 
 '' ton, Mr. Bedell^^c. to King 
 
 <' James and the Archbitliop 
 
 " of Canterbury ^ and publifh'd 
 
 '■'■ here (in 'London') both in 
 
 « BngUflj and Lat'tn" Thus 
 
 we find a variation in thefc two 
 
 Accounts, with regard to the 
 
 manner of fending over the 
 
 Manufcript. 
 
 f This Conference is men- 
 
T!he Life of Father Paul. xci 
 
 '« of the Republic J and that the Schifni was aN 
 " ready begun, by its refufing Obedience to the 
 " See of Rome"^." Fulgent to ^h^v^z^ds gives 
 fevenil Reafons to invalidate this Report, and 
 endeavours to prove that the Venetians^ and par- 
 ticularly Father 'Paul -f, iiad on all Occafions 
 fhown the utmoft Zeal for the trueRoman-Catho- 
 lick Religion ; and that the Oppofition they 
 made, was levell'd only at the unjuft and exor- 
 bitant Incroachments of tlie Court of Rome. 
 
 Some of its Emiflaries likewife accusd Father 
 ^au/ of Atheifm 5 bur, fays Fulgentio., '' not 
 " to mention that the ftridly pious Life he had 
 " led from his Infancy fufficiently refuted fo 
 " abominable an Imputation 5 it would be 
 " the higheft Refledion on his unbounded 
 " Knowledge, to imagine he could have enter- 
 '' tain'd fuch Principles j and it cannot be de- 
 '' nicd, continues this Author very judicioufly, 
 
 f We find by the Reliquix 
 iVottoniati^y that Father P^ia/ 
 had ao;reat Efteem for our Bi- 
 lliop BedeH-, " a Man whom 
 " Padre ?ao!o took, I may lay, 
 " into his very Soul, from 
 " whom he profcfs'd to have 
 " receiv'd more Kno'.vled«;e 
 
 * According to Dr. TVal- 
 tojz, in the Life abovemen- 
 tion'd, the Report of the 
 Ve7ietia72s being inclin'd " to 
 " turn ProteftantSjObrain'd the 
 " more Credit, becaufe Sir 
 " Henry IVottoii was often in 
 " Conference with the Senate^ 
 *' and his Chaplain, Bedell^ 
 " more often with Father 
 " Paul." According to Mor- 
 hojf^ " Father P^«/, whom he 
 '' call'd the Phcenix of the Age, 
 <' wrote to Ifaac Cafaubon in 
 " Englarid^to make Intereft for 
 " him with the King, if the 
 '' ill ftare of Affairs fhould 
 " oblige him to leave Venice." 
 
 " in all Divinity, both fchn- 
 " lallical and divine, than from 
 " any he had ever pradtis'd, 
 (been acquainted with, I fup- 
 pofe) " in his Days" . . . Ac- 
 cording to Billiop Burnet and 
 other Writers, Father Paul 
 highly appro v'd of the Protc- 
 itant Religion ; v/hichnoway 
 agrees with 'Pulzfintio. 
 
 " but 
 
xcii The Life of Father Paul, 
 
 " but that thofe who, like Father Taul^ arc mod 
 *^ profoundly skill'd in fecond Caufes, are moft 
 " capable, as well as moft inclin'd, to have the 
 " hi"hcft Veneration for the firft Caufe/' 
 
 Thus eminent for his Learning and Virtue, the 
 Reader will naturally fuppofe that he was dear 
 to all the Senators ; " and indeed, fays Ful- 
 " gentiOy we may affirm with certainty, that 
 *' no Man will ever have fo much refped 
 *' fhown him by them, unlefs it fhou'd pleale 
 " Heaven to fend a fecond Father y^///, who, in 
 " one refped, may be confider'd as even fu- 
 *^ perior to Socrates." The young Nobility 
 found great Benefit from his Converfation, 
 which compriz'd the whole Archives, the Li- 
 brary, and all the fecret Hiftories of the Repub- 
 lic 5 and even the C^uintellence oiTacttiis^ To- 
 lybitis, Xenophon^ Thticydides, and whatever 
 elle is neceffary towards acquiring a perfed 
 Knowlediie of State-Affairs. 
 
 But among all the Noblemen, -there was 
 none for whom Father Vatil had fo -bigh a Re- 
 gard as Marco Trivifano^ who afterTaying afide 
 the Thoughts he once had entertain'd of rifing 
 to public Employments, had devoted himfelf 
 entirely to the Study of moral Philofophy, and 
 all thole Sciences whole Objcd is the improving 
 of Mankind in Virtue. The Father delighted 
 fo much in this Nobleman's Converfation, that 
 he wasallow'd accefs to him in his Monaftery at 
 all times j a favour he denied to every one elfe *. 
 
 * Bifliop Burnet fays, this I Eed£U. See his Life of that 
 was allow'd only to Bifliop jPmWp. 
 
TJ^e Life of Father Paul. cxiii 
 
 On the other fide, Father Vaul was fo free 
 with Signior AlarcOy that whenever he was bu- 
 i^yy he won d fay ; Be fo good, Sir, as to leave 
 mc. One Circumftancc which the Father 
 cftccm'd particularly in this Gentleman, was, hi^ 
 uncommon Love for Truth, and his great Frank- 
 ncfs and Sincerity 5 which would fometimes 
 prompt him to tell the Father his Errors, tho* 
 always with an Air of the utmoft Softnefs and 
 Candour. " You are call'd, faid he once to him, 
 " the abfolute xMafter of your Pallions > yet in 
 *' my Opinion you have as many as other Men, 
 *^ but only they appear under a different Form in 
 " you. For your retirement perpetually to the 
 *' iecret Chambers of the Republic, there to 
 " pcrufe fuch Books as your felf only can de- 
 " cypher; the Refolution you have form'd to 
 " never quit your Cell but when forc'd to it; 
 " and your intenfe Application to reading and 
 *' writing, is as much an hitemperance, as was 
 " the ftrong Paflion I formerly entertain'd for 
 " Women and Gaming, tho' they appear very 
 " different in the Eye of the World." Here Fui- 
 gentio relates at large, the rare and uncommon 
 Friendfhip which was between Marco Trivi- 
 fano and one Signior Barbarigo. 
 
 Learning, which is but too apt to inflate the 
 Mind, had a contrary Effed on Father Taulh his 
 Humility incrcafing with his Knowledge, as he 
 thereby became better acquainted with human 
 Nature, in which we may affirm no Man was ever 
 better skill'd. Soexceflive washis Modcfly, that 
 he would blufh even when he was applauded 
 
 for 
 
xciv The Life of Father V A\] L, 
 
 for thofe Virtues and Accomplilhrnents, which 
 he could not but know lie really poflefs*d. 
 Of this we fhall give only the following In- 
 ftancc. The Father had a great Efteem for a 
 certain Gentleman, who was equally eminent 
 for his Probity and fine Talents 5 and yet he did 
 all that lay in his power to fhun his Company, 
 becaufe he always faluted him withthefe Words, 
 llluftrijjimo TadreyMoft tllufirious Father ; a Ti- 
 tle that Gentleman thought juftly due to his rare 
 Talents and exalted Virtue. Fulgentio, at Father 
 'Paulas requeft, afterwards defiring this Gentle- 
 man not to addrefs him in that manner, he an- 
 fwered, To whom then may we give that Title, 
 if it muft be rcfufcd to that Angel? And when- 
 ever he ufed to enquire about the Father, his Ex- 
 prefllon was, Che fa quell Angela del Para- 
 difo ? What is that Angel of Taradife doing ? 
 Yet fome thought the Father's Mind was of 
 too fevere and unfociable a Caft ; but, howe- 
 ver this be, fays Fulgent ioy 'tis certain, that, by 
 Study and Reflection, he grew extremely civil 
 and courteous 5 infomuch, that he was never 
 heard to imploy any harfh or contemptuous Ex- 
 preflions againft any one. 
 
 If a Perfon, who was difputing with him, 
 fell into an Error, he always (trove to put him 
 in the right way, in the mofl obliging manner. 
 A Proof how much he had the Peace of his 
 Country at heart, was, that the' the Senate re- 
 folv'd to protcd; him againCI: any Attack, from 
 what quarter focvcr, he yet wns extremely dcfi- 
 rous, that the Republic might not fiiffcr, ^^ ny 
 
 liiinmtr. 
 
"The Life of Father Paul. xcv 
 
 manner, upon his account. Gregory XV. ha- 
 ving ruccecdcd Taiil V. in the Pontificate ; and 
 the Venetian Ambaffadors congratulating him 
 on his acccllion, he anfwcred, That there ne- 
 ver would be a firm Union between the Apofto- 
 lical See and the Republic of Venice^ fo long as 
 the latter {hou'd make ufe of Father haul's 
 Counfels. The Father no fooncr heard this, but 
 he firmly refolved to leave the Venetian Domi- 
 nions, rather than be the occafion of any new 
 Broil. And becaufe neither his Religion or 
 Confcience wou'd fuffer him to lay violent hands 
 on himfelf 5 that he cou'd not retire into the 
 Dominions of any of the Proteftant Princes, 
 without runnino; the hazard of bcini^ thought a 
 Convert to their Religion ; and that he cou'd 
 not be fafe in any other Roman Catholic Coun- 
 try 5 he therefore was determined to withdraw 
 to Conjiantinople^ or fome other City in the 
 Eaft ; and accordingly, he had begun to prepare 
 for his Voyage, after having made all the En- 
 quiries pofiible about thofe Countries. He even 
 had obtain'd a Paflport from the Grand Signior ; 
 but the Pope's Animofity ceafing, the Father 
 laid afide his Defign*. Neverthelefs, he ufcd 
 
 * " When the Reconcilia- 
 '^ tion with Romewzs conclu- 
 " ded, Father Paul was out 
 *' of all hopes of ever bring- 
 *' ing things to fo promifing a 
 " Gonjunfturei"(aRcforma- 
 " tion) upon which, he wifh'd 
 " he cou'd have left Vniice. 
 " and come over to En^^Lwd 
 
 to 
 
 ■^ was fo efteem'd by the Se- 
 " na:e for his great Wifdom, 
 " that he was confultcd by 
 " them as an Oracle, and truf- 
 " ted with their moft impor- 
 " tant Secrets ,• fo that he law 
 '■'■ it was impoHible for hira 
 " to obtain his Conge j and 
 •' therefore he made a fliift to 
 
 with Mr. Bea'ell j but he''-' comply, as far ai he cou\l, 
 
 with 
 
xcvi TTdc Life of Father Paul. 
 
 to fpeak afterwards, of the great Pleafure he 
 fhou'd have receiv'd from vifiting foreign Coun- 
 tries, a Pleafure he panted after in his Youth : 
 For tho' no Man was ever better skill'd in Hifto- 
 ry and Geography than Father Taul, he yet ufed 
 to fay J that Information from Books or Tra- 
 vellers, was but a mere fhadovv, in comparifon 
 of what might be feen and learnt upon the fpot. 
 Not long after, Gregory XV. dying, he was 
 fucceeded by Majfeo Barberino ( Vrban VIII. ) 
 whom we mentioned before, as Father haul's 
 irreconcilable Enemy -, however, Heaven wou'd 
 not permit this excellent Man to be the Objed 
 of that Pope's Malice. 
 
 Being now {Anno 16x9.) in his 69th Year, 
 in good Health, and with all his Faculties in full 
 vigour, he felt, as he was fitting in hisufual Place 
 in the fecret Chamber at Venice^ a fuddcn change 
 in himfelf, from Heat to Cold, infomuch that 
 he grew immediately hoarfe ; and was fo ftrange- 
 ly benumb'd, that tho', as he faid, he had ne- 
 ver had a Catarrh before, he now was troubled 
 Avith one for three Months fuccellively, during 
 which the Fever never left him : This weaken'd 
 him very much ; whence he concluded, that he 
 fhould never recover. So that confidering this 
 as a Warning from Heaven, that his Soul would 
 foon leave his Body, he applied himfelf more 
 
 « with the eftablifhed Way of J " to Saints ..." So far Bifhop 
 « their Wovfliipj but he had,! B«r;^r/, in his Life of Biihop 
 " in many things, particular I B^rt't?//. How different is all this 
 <' Methods by which he rather I from what Father F///^e»//o af- 
 
 quietedthan fatisfied hisCon- j Cures \ 
 '' fcience ... He never prayed 
 
 in- 
 
The Life of Father V A\5 h* xcvii 
 
 intcnfcly than ever to the Duties cnjoin'd him 
 by his Religion, and engag'd only in fuch public 
 AfFairs,as he was abfolutely obliged to by his Em- 
 ployment. He now gave his Servants leave to 
 go out very often ; and thcfe, at their return, c- 
 ver found him kneeling before a Crucifix, at the 
 foot of which ftood a Death's Head : However, 
 that they might not imagine him to be at his 
 Devotions, he always feign'd, as tho' he was 
 engag'd in Tome Mathematical Purfuits. 
 
 This was his way of Life, till the begin- 
 ning of the Winter 1622, at which time he was 
 cntred his 71ft Year ; when it plainly appeared, 
 by the Decay of his Spirits, and his great Weak- 
 nefs, that he was haftning to his Diifolution, 
 His Hands and Feet grew cold as Ice 5 his Checks 
 fell 5 his Lips, which before were very red, turn'd 
 pale and livid ; his Eyes funk, and loft their ufu- 
 al Vivacity and Fire. He now loath'd every 
 kind of Suftenance ; and, tho' he had all his 
 Teeth, they began to be of little ufe to him. 
 He iloop'd in his Body, and it was a great paia 
 to him to go in and out of his Gondola, His 
 Dreams, during the few Intervals he had of 
 Sleep, were not, as before, wild and incohe* 
 rent, but diftind, natural, and rational 5 whence 
 he concluded, that his Soul was preparing for 
 its Flight. He no longer receiv'd a Plcafure in 
 hearing of Public Tranfaftions ; and the only 
 Amufement he feem'd to take, after his Devo- 
 tions, was, to revolve fomc Aftronomical Fi- 
 gures in his Mindi on which occafion, he 
 wou'd fomctimcs fay witli a Imile, i^ianf'f 
 
 f njo7}di- 
 
xcviii 7^^ Life of Father Paul. 
 
 mondi . . ho fabrkato nel cervello \ " How many 
 *' Worlds have I forg'd in this Brain of mine ! " 
 For notwithftanding his great Decay, he could 
 not lay afide his Studies, tho' reprimanded up- 
 on that account by his Friends, and particularly 
 by Marco Trevifano 5 but all to no purpofe. He 
 now grew fo very feeble, that he could not walk 
 without a fupport ; lo that he own'd he was re- 
 ally very ill, and wasperfuaded that his Endap- 
 proach'd > about which he would often fpeak 
 with the mod C hriftian Unconcern, and feem'd, 
 on thofe occafions, to wifh for Death, as a Ha- 
 ven of Reft and Tranquillity. Among the ma- 
 ny Scripture-expreilions uled by him at this time, 
 none was fo often in his mouth as the follow- 
 ing, Nunc dimittis fetviim tuum^ T>omtne\ 
 LiOrd^ let thy Servant depart in peace. And 
 being told one day, that it would foon be time 
 for him to nominate a Prior of the Servites > 
 he anfwercd. Order that matter as you pleafc, 
 for I fhan't be among you. 
 
 It being now Chrljimas Day, and Fulgent 10 
 wifhing him, as ufual, many Years of Lite, he 
 replied, with an air of fcrioufncfs which ftrong- 
 lyafFcded FiilgentiOy that this would bchislaft. 
 His Fever incrcas'd, and he grew much worfc, 
 fo that, on the 6th of January, he took a Dofe 
 of Phyfic ; which did him great prejudice, by 
 his going, when fent for, to the Palace. He 
 went thither twice afterwards, but returned fo 
 ill the laft time, that he could neither eat nor 
 fleep for two days, and yet he did not keep his 
 Bed. The 8th, being Sunday^ he rofe up, ce- 
 lebrated 
 
The Life of Father Paul, xcix 
 
 Icbratcd Mafs, dinVi in the Refectory; and, a 
 littl'c after, w.tlk'd abour, for a long time, wirli 
 Signior Secchini, who was come to vifit him. 
 
 His Friend perceiving he was very much out 
 of order, advis'd him to lie down, which he 
 did, according to his cuUom, in his Clothes, on 
 a Chcd, with a Coverlet fpread over it. Till 
 the Day before he died, he always got up, drcfs'd 
 himfelf, writ and read, asufualj and when he 
 was not able to do this, he would lay himfelf 
 along on his Chell, and hear others read. Being 
 drefs'd on the Monday Morning, he found him- 
 ielf deprived, as it were in an inftanr, oftheufe 
 of his Linibs. At the fame time, he had a vi- 
 olent Naufea, fo that he could icarce get down 
 a Cordial that was given him. Neverthelefs, 
 his Judgment and Memory were as perfecl, and 
 his Mind as cheerful as ever i infomuch that he 
 faid, the Saturday following, to his Friends who 
 were about him, lo vho tenuti confolatt fino 
 ch' ho potutOy hora non pojfo piu^ e tocher ebbe a 
 ^oi tenermi allegro. 1 have cheer'd you as long 
 as I was able ; and ilnce 'tis no longer in my 
 power to do it, you now muft divert me. 
 
 On Thiirfday Morning, he dcfir'd the Prior 
 of the Monaftery to recommend him to the 
 Prayers of the Fathers, and to bring him the 
 Holy Sacrament. He then told the Prior, that 
 as he had always liv'd in the Poverty of his Or- 
 der, and did not pretend to any Property ; he 
 therefore begg'd him to dilpoffe of whatever he 
 fliould find in his Chambers'.' Accordingly, he 
 gave him the Key of a Prefs or Scrutore, where- 
 
 f ^ ill 
 
c The Life of Father Paul. 
 
 in was all the Monies he had left of his Salary.' 
 He now rofe up, was drcfs*d, and made Ful- 
 gentio and Marco read our Saviour's Paflion to 
 him, on which he afterwards meditated very 
 ferioufly. He often endeavoured to kneel, but 
 his great Weaknefs wou'd not permit him to do 
 it. Divine Service being ended, and the Bell 
 ringing, all the Fathers, with Tapers in their 
 hands, and the Prior at their head, went in 
 Procefllon with the blelTed Sacrament, to Fa- 
 ther ^auh who received it in fo devout a Frame 
 of Mind, that all the Fathers cou*d not forbear 
 burfting into Tears. 
 
 Saturday J January 14. 1623. the Day he 
 died, and the only one he paQed in his Bed du- 
 ring his lUnefs, the Doge and Senate fending 
 for Fulgent io, and enquiring after Father 'Taul's 
 Health, the former anfwer'd. That he was a 
 dying Man, and that neverthelefs, all the Facul- 
 ties of his Mind were as vigorous as ever. Hear- 
 ing this, they order'd Fiilgentio to ask the Fa- 
 ther three Queftions, relating to a very impor- 
 tant Affair, and which required the utmoft Dif- 
 patch. Father ^atil caufing his Amanuenfis to 
 write down his Anfwers, they were feal'd up ; 
 and, being opcn*d in the Senate, were found 
 to agree exa(5tly with the Determinations of that 
 illuftrious Body i a Circumftance, fays Fulgen* 
 tio, which fufficiently invalidates the Report 
 that was rais*d in the Houfe of a certain Eccle- 
 fiaftick, viz. Th^, Father Taul, for fome time 
 before he relign'd his Soul to God, was depriv*d 
 of his Speech and Senfes. 
 
 He 
 
The Life of Father Paul. ci 
 
 He reeeiv'd a great many Vifits that day, as 
 he had always done during hisIUncfs Growing 
 ftill weaker, at Night, he caus'd the Chap- 
 ter in ^x.. John's Golpel, relating to our Savi- 
 our's Paflion, to be again read to him. He rhcii 
 protefted, that he had nothing to prefent to God, 
 which he could truly call his own, but Mileries 
 and Sins ; and theretorc, that he relied entirely 
 on Chrift's Mercy. A Senator being come to vifit 
 Father ^Paul^ who was too weak to give him 
 ( at the Senator's requeft ) a Relation of his 
 whole Illnefs ; the Father made a Sign to Ful- 
 gentio^ to oblige his Vifitant in that particular. 
 Fulgentio faying, among other things, That the 
 Monday before^ Father Paul had been deprivd of 
 all his Faculties ; the Father lifted his Head from 
 the Pillow, and cried, How! deprivd of my men- 
 tal Faculties! Mane anient a dAnimo. Not fo,re- 
 \>\\Q<\ Fulgentio^ I mean only of your bodily ones^ 
 for thofe of your Mind have always continued in 
 vigour. Afterwards, one of the Phyficians telling 
 the Father, that he found by his Pulfe he had but 
 a few hours to live 5 he anfwcr'd with a cheerful 
 Countenance, Sia lodato Iddio ; miptacccio cFa 
 lui pi ace ; col fiio aiuto fare mo bene que ft a ul- 
 tima at tione--, " God be prais'd ; what pleafcs 
 '* him pleafes me : with his Aid, we fliall ac- 
 *^ quit our felves well of this lart Adion," The 
 Phyfician afterwards feat him fomc Medicines, 
 which he took that Evening. 
 
 He continued very cheerful, without Ihedding a 
 Tear, or venting the leart Groan 5 and uled to cry at 
 every little Interval, Horsit^ andiamo ove ^io^ ci 
 
 t 3 chiama 5 
 
cii 'The Life of Father Paul. 
 
 chtama\ *' Come, let us go where God calls us." 
 He now began to faulter in his Speech ; and 
 fpoke many things, which thofe who were pre- 
 fent could not underftand, the following Ex- 
 prefllon excepted 5 Andtamok S. Marco, ch' e 
 tardi', *' Let us go to St. Marky for 'tis late:" 
 Which were the only Words utter'd by him 
 without order or connexion. 
 
 The Clock ftriking Eight, he counted it ; 
 and, a little after, calhng Father FulgentiOy he 
 addrcfs'dhim in thefe Words, which quite pierc'd* 
 his Heart : Horsu non refiate piii a 'vedermi in 
 qitefto ftato^ non e dovere. Andate a dormire^ 
 (^ io yiandaro a T>tOy d'onde fiamo vemiti : 
 '' Leave me 5 there is no occafion for your ftay, 
 *' now I'm in this condition. Go to flecp, and' 
 " I'll goto God, whence we all came." After 
 which he dcfir'd a Kifs from him, and a parting 
 Embrace^ which done, Fitlgentio tore himfelf 
 from his dear Friend and Mafter. And now the 
 Prior came again, with the reft of the Monkf, 
 who, kneeling round his Bed, repeated the ufu- 
 al Prayers. The laft W^ords he ever utter'd 
 were thefe 5 Efto perpettia--, {Be perpetual'^) 
 which he applied to the Commonwealth he 
 had fo faithfully fcrv'd. And, a little after, 
 throwing his Arms a-crofs, fixing his Eyes on a 
 Crucifix, cadingthem downvvMrds <ind ihutting 
 them, he refign'd his Spirit, with a kind of 
 Smile, into the hands of his Creator. 
 
 Thus cxpir'd this excellent xMan. The Parti- 
 culars of his Death, folemnly artcilcd by the 
 whole College of the Servites^ were publifh'd 
 3 by 
 
Tide Life of Father Paul. ciii 
 
 by order of the Senate 5 to defeat the infa- 
 mous Report which was fpread, "uiz. That 
 he died yelling and howling ; That a hideous 
 black Dog was leen, and that horrid Noiles 
 were afterwards heard in and about his Cell. 
 The like flandcrous Rumours had been rais*d, 
 to afperfc the Memory of the moft illuftrious 
 and excellent Doge Leonardo Sonata j and to 
 blacken thofe, who, at the time of the Inter- 
 did, efpous'd the juft Caufe of the Republic. 
 
 'Twas now faid, That had Father ^aul writ 
 in favour of the Court of Rome, he wou'd have 
 infallibly been canonized. When the News 
 of his Death was brought to that City, the 
 Courtiers rejoiced } and a thoufand falfe and 
 fcandalous Particulars were raisM concerning- 
 the Father. The Pope himlclf could not for- 
 bear hinting, that the Hand of God was vifiblc 
 in the taking Father Tan/ out of the World; as 
 tho' there was any thing miraculous in a Man's 
 dying at feventy one Years of Age. 
 
 After the Account we have here given of the 
 Father's exalted Talents and Piety, the Reader 
 will no doubt be pleafed to have a Defcriptioa 
 of his Perfon : He was of a middle Stature; his 
 Head very large in proportion to his Body, 
 which was extremely lean : Ke had a wide 
 Forehead, in the middle whereof was a very 
 large Vein : His Eye- brows were wcli-arch'd, 
 his Eyes large, black and fprightly : His Nofc 
 was big and long, but very even : His Beard was 
 thin ; and his Chin, in Ibme places, bald of 
 Hair, which yet was no ways unfcemly. He 
 
 f 4 ' had 
 
civ The Life of Father Paul. 
 
 had a foft Complexion, which, when he was in 
 health, was form'd by an agreeable mixture of 
 white and red, with a yellowifh caft that was no 
 ways difagreeable. His A(pe£l, tho* grave, was, 
 at the fame time, extremely inviting; and he 
 
 had a very beautiful Hand We may 
 
 depend on this Defcription of Father ^aul^s 
 Perfon, fmce it was given by Fulgentio. 
 
 His Funeral was rendred magnificent, by the 
 numerous Concourfe of Perfons of Diftind:ion, 
 and others, who attended his Corps to the Grave. 
 'Twas obferved, that he look'd better in his Cof- 
 fin, than when he was alive. So great was the 
 Fame of his Sandity, that Multitudes of Peo- 
 ple, after his Death, had the curiofity to vifit his 
 Cell ; and, feeing in it as many Marks of Pover- 
 ty as in that of the meaneft Friar, they were ex- 
 ceedingly edified j infomuch, that feme of the 
 chief Senators call'd it: "A Faradife, to 
 *' which that Angel Father ?*/^/// us' d to retire." 
 One of thole, who was fam'd for his Piety, 
 broke into thefe remarkable Words : E quejlo 
 tl Tadrej che h Pi elati di fanta Chiefa tanto 
 hanno vittiperato? E quejlo far a cattrvo,& ff- 
 fi It imttatori di Chrijto & de gl' Apojloli .<* " Is 
 "■' this the Father whom the Prelates of holy 
 *' Church have invcigh'd againft fo much ? Shall 
 *' he be look'd upon as a wicked Man, and 
 '' they pafs for the Imitators of Chrift and his 
 " Apolllcs ? " Fiilgentto wou'ci have eredcd a 
 Monument to the Memory of his dear Friend, 
 which the Community wou'd not allow, they 
 thcmfclvcs refolving to raife one i and after-? 
 
 \ ward$ 
 
77}e Life of Father V AML. cv 
 
 wards the Senate declared that it fliould be done 
 at the publick Expence, which yet was never 
 perform'd. 
 
 *' But Father Taul, fays Fulgentio, will live 
 ** eternally in God, which is the only defirablc 
 *' BlefTing. He alfo will live in the Memory of 
 *' Men, on account of his heroical Virtues > a 
 " Remembrance that will outlaft the (Irons^cft 
 " Monuments of Brafs or Marble/* 
 
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THE 
 
 HISTORY 
 
 Of Ecclesiastical 
 
 Benefices and Revenues. 
 
 CHAP. L 
 
 R O M the Time that JesusChris^ 
 firft convers'd in the World, the Church 
 began to have Revenues ; which firft 
 arofe purely from the Offerings of de- 
 vout Perfons, and were diftributed 
 by an appointed Officer, only to two 
 Ufes ; the one, of our Saviour himfelf, and his 
 Apoftles, who preach'd the Gofpel ; ihe other, of 
 the Poor. This appears clearly in St. John, who 
 fays, that Judas kept the (a) Purfe, and made the 
 Disburfements, providing all Neceffaries for the 
 Community, and dii^ributing the reft to the (b) Pcorj 
 
 {a) Loculos habens, ea qua: 
 snittebantur portabat. Cap. i?,. 
 
 [b) Loculo3 habebat Judas, 
 quod dixiffet ei Jefus : Eine ea 
 quas opus funt nobis ad diem 
 feftum ; aut egeni6, ut aliquid 
 
 daret, Cap. 13. Quia de egenis 
 pertinebat ad eum. Cap. \Zi 
 Becaufc this tvas his Bufmefs. 
 
 Loculos is properly nvhat it 
 caWd th( Peor's-Box. 
 
 B 
 
 Qcsording 
 
2 Cy Ec CL ESI A S T I C A t 
 
 according to the daily Diredtions he receiv*d from 
 our LORD. 
 
 St. Aiguflme obferves, That tho' Jesus Christ, 
 who had Angels for his Servants, had no occafion 
 or Money, he neverthelefs thought fit to make ufe 
 of it, that he might leave to his Church the greateft 
 Authority upon Earth, (his own Examplej of her 
 Duty ; and how fhe ought to enjoy, and how to em-^ 
 ploy what fhe poirc{r;;th. 
 
 And if this holy Inftitution be not obferv'd in our 
 Days, we ought to confider that the holy Scripture, 
 both for our Inftrudion and Confolation tells us. 
 That Judas was a Thief, that he robb'd the Apofto- 
 lick College, and converted the Money to his own 
 life ; and that his boundlefs Avarice, and Impiety, 
 carried him, at laft, to betray, even, the Perfon of 
 our LORD himfelf, for Money. 
 
 If therefore, either Hiftory of pail Times, or Ob- 
 fervation of the prefenc inform us. That a great part 
 of the Ecclefiaftical Goods is employ'd in Ufes very 
 different from pious, and that fome of the Minifters 
 of the Church fo far from contenting themfelves 
 with ordinary Sacrilege, and appropriating to 
 themfelves what belongs in common to the Church 
 and the Poor, are become fuch Invaders of facred 
 Things, that they fet to Sale even Spiritual Graces 
 for Money : It is not to be afcrib'd to any particular 
 Fate on this, or the foregoing Ages, but to the Me- 
 thods of the Divine Wifdom in exercifing the Righ- 
 teous ; feeing the Church from its Infancy, and 
 through all Ages, hath been fubjedl to the fame Im- 
 perfections. 
 
 All that remains incumbent on us, is, every one in 
 his Station to contribute towards a Remedy of thefe 
 Evils by Prayers, where other Means are denied 
 him 5 and by a courageous Oppofition to thefe 
 
 Abufes, 
 
Benefices and R e v e n u e s» % 
 
 Abufes, where it can be effeflual. For tlio' Judas 
 tnet not his Puniflnment from Men in a conmon 
 Way, becaufe thofe who ought to have infl-f^fdit, 
 were his Accomplices ; yet the Divine Providence 
 fail'd not to point out what PuniOiment he defervM, 
 by difpofing him to be his own Executioner : as a 
 Warning and Admonition to Governours and Guar-^ 
 dians of the Church in fucceeding Ages. 
 
 CHAP. II. 
 
 AFTER the Afcenfion of our Sa v i ou r inrd 
 Heaven, the Aportles continu'd the fame Me- 
 thod in the Church o^Jernfalem^ of gathering Money 
 for the Maintenance of the Minifttrrs of the Gofpel, 
 and Relief of the Poor : And the Believers, befides 
 the Offerings that were gather'd, fold all their E- 
 ftates, and put them alfo into the common Stock t 
 fo that no Diilindlion was made betwixt the Goods 
 of the Church, and thofe of every true {a) Believer : 
 which is yet praclis'd in fome of the Religious 
 Houfes, who preferve their firft Inftitution. 
 
 Now the primitive Chriftians had the lefs Con- 
 fiifts with human Nature in parting with their 
 worldly Goods, and beftowing them in Alms, from 
 the Contemplation of the Uncertainty in vvhica 
 Jesus Christ left them, as to the Duration of this 
 
 {a) Omnes qui credebant e 
 rant pariter, & habebant omnii. 
 communia. PolTefliones d' Tub- 
 llantias vendebant, & dividebani 
 ea omnibus prout cuique opus, 
 crat. Aa. Jpoj}. 2. 
 
 Nee quifque eorum qua: pof- 
 fidebat aliquid fuum eiFe dice- 
 bat : Sed erant omnia illis ccm- 
 
 munia. .. .. . . Ncc quifquam in- 
 ter illos erat egcns, quotquot 
 enim pofil'flbres agiorum auc 
 domorum crant, vendentes af- 
 ferebant pretia eorum qua: ven- 
 debant : Dividcbatur autcm 
 fingulis prout cuique opus crut- 
 Ja. 4. 
 
 B 2 
 
 World, 
 
4 Of Ecclesiastical 
 
 World, and the Expe6tation they liv'd in of its 
 fpeedy DiflTolution (b)\ Or at lead, they enjoy'd ic 
 with Jefs SoUicitude, as not knowing how long it 
 was to laft i and in the full Perfuafion that the Form 
 and Figure of this World, and this prefent State of 
 Life would, however, fuddenly be chang'd and pafs 
 away {c). Contemplations like thefe, and which 
 were fo apt to make Men ferious, contributed ftill 
 more to the Frequency of their Offerings. 
 
 But the Cuftom of having no Property in Goods, 
 which indeed introduced a levelling State among 
 them, fo as no Man was either rich or poor, pre- 
 vail'd no farther than in Jerufalem itfelf •, nor even 
 continu'd long there. For we find, that 26 Years 
 after the Death of our Saviour, Property was again 
 diftinguifh'd •, and that no Man, who had any thing 
 of his own, was allow'd a Support out of the com- 
 mon Stock ; v/hich in this, and the other Churches, 
 arifing from the Oblations, was applied to the Ufe 
 of the Minitlers of the Church, and of the Poor. 
 Wherefore St. Paul order'd, that the Widows who 
 had Relations, fliould be maintain'd by them, and 
 not be a Burden upon the Church ; that fhe might 
 the better be able to fupply the Necefiities of thofe 
 who were truly Widows (J), and deftitute ; thaC 
 is to fay, both Widows and Objects of Charity. 
 
 ((^) Scire enira debetis [faith 
 St. Cyprian) ac pro certo cre- 
 dere, occafum feculi, atque ante 
 ClirilH tempus appropuiquafie, 
 Efj. 58. /?.'/ 'Ihibart. Laftantius 
 adds, That all thofe ^ziho had 
 made Computations of the Tune, 
 gfoutided on Scriptures , and pro- 
 f'ans Hijhry, dcclar d that the 
 IVorld could not lajt longer than 
 200 Tears. Omnis expedlatio 
 lion amplius quani ducentorura 
 
 videtur annorum, Cap. 25. lib. 7. 
 hijlit. Divin. 
 
 [c] Prseterit enim figura hu- 
 jus mundi, i Cor. 7. 
 
 [d) Si quis fidelis habet vi- 
 duas, fubminiftret illis, & non 
 gravetur Ecclefia, ut iis, quje vere 
 vidus funt, fufficiat. i Tim. 5. 
 
 This Explanation is draavH 
 from the fame Chapter oj St. 
 Paul, nvhich faith. Qua: vere 
 vidua eft, & defolata. 
 
 And 
 
Bene F ICES ^;/^ Re VEN UEs. 5 
 
 And on the firft Day of the Week, callM The 
 Lord's Day, the Faithtful met together, and every 
 one made an Offering of what he had fet apart ouc 
 of his Week's Gains, for the publick Necefllties (e). 
 
 {e) Per unam fabbati (faith i fe feponat, recondens, quod ei 
 he) unufquifque veibum, apud | bene placuerit. i Cor. cap. ult. 
 
 CHAP. IIL 
 
 THE Charge which Jesus Christ had com- 
 mitted to Judas., was, after our Saviour*s 
 Alcenfion, exercis'd by the Apoftles themfelves, hut 
 for a very fhort time only. They foon grew fen- 
 fible, they fhould want Leifure for this, and the o- 
 ther Duty of preaching the Gofpel {a)., from the Mur- 
 muringsand Diforders among the Faithful about die 
 Manner of Diftributions (b) ; in which great Partia- 
 lities were pretended by fucli as thought themfelves 
 had too little, or that others had too much ; an Evil 
 incident to all Times, upon the fame Occafions. 
 
 Referving therefore to themfelves the more impor- 
 tant Charge of preaching and teaching (c) the Gofpc-1, 
 they committed the Care of their Temporals toother 
 Minifters {d). Which indeed is the Rcverfe of what 
 Js pradlifed in our days ; Wherein the greateft Pre- 
 
 {a) Dixerunt, non eft aequvim 
 nos derelinquere verbum Dei, 
 & miniftrare menfis. ASi. 6. 
 
 {b) Fadtum eft murmur Gra:- 
 corum adverfus Hebraeos, eo 
 quod defpicerentur in minifte- 
 r!o quotidiano vidux eorum. 
 Ibid. 
 
 ((-) Nos vero oration!, & mi- 
 nirterio verbi inllantes erimus. 
 Ibid. 
 
 (d) Confiderate ergo, viros 
 ex vobis boni teftimonii leptem, 
 plenos Spiritu Sanfto, quos con- 
 ftituamus fuper hoc opus. Ibid. 
 
 B ^ lares 
 
6 O/'Ec CLESIA STIC AL 
 
 lates apply themfelves to the fole Government and 
 Care of their Tennporals, leaving the other part 
 of their Funflion, of teaching the Word of GOD, as 
 a lefFer Care, to the Monks, or Pricfls of the lowefl- 
 Order in the Church, 
 
 Thefe new Minifters indituted by the Apoftles 
 for the Management of their Temporal 
 
 * Sei in Affairs, were * fix in Number, chofen 
 r'^^'T^ T ^'^y '^-^^^ whole Body of the Faithful, and 
 oe^ . ^^]YS_ D J. cons: And wherever the Apo- 
 ftles founded any Churches, they there eftablifli'd 
 IMinifters under that Title, and ufed the fame Form 
 and Solemnity in their Ordination, as in that of 
 Bifhops, Priefts, and other Minifters of the Church, 
 with a Preparation ofFaftingand Prayer before they 
 proceeded to take the Votes of the Faithful (<?^ upon 
 Eleftions. 
 
 And this Order, of admitting none to any Eccle- 
 fiaftical Funftion, but by Eledion of all the Faithful 
 in a general AlTembly, was inviolably obferv'd, and 
 fo continued for about 200 Years: the Minifters 
 of the Church, and the Poor fubfifting all that while 
 out of the common Stock, which had no other 
 Fund than the Offerings of the Faithful at their De- 
 votions : But they were fo abundant, that the Charity 
 of thofe Times had no other Bounds, than what every 
 one could fpare from his Neceflitie?. 
 
 So i\v3.t when the Abilities of one City were more 
 than fufBcient to fupply the Neceffities of its own 
 Ciiurch, Collections were there made alfo for other 
 Churches that were poor. Thus we find St. JameSy 
 St. PtUr^ and St. John^ when they receiv'd St. Paul 
 and St. Barnabas as Companions in the Evangelick 
 Miniiiry, rcconmiended to them a Gathering for 
 
 (^) Hos ftatuerunt ante con- 1 tes impofuerunt eis manus- 
 fpeiTium Apoilolorura, & oran- 1 Ibid. 
 
 the 
 
Benefices and Revenues. 7 
 
 the poor Church o^ Hierufalem (f) : St. P^/// himfelf 
 telh'ng us, he went through the Churches of Mace- 
 donia^ Acha'ia (g), Galatia^ and Corinth (/j), to fol- 
 Jicit their Charity : And this was obferv'd even afcer 
 the Deatn of the Apoftles. 
 
 At Rome, where the greateft Wealth abounded, 
 the Offerings indeed were fo large, that about the 
 Year 150, they ferv*d not only to maintain the 
 Clergy and the poor Chriftians of the City, but to 
 contribute largely to the neighbouring, and more re- 
 mote Churches, as well as to the Relief of great 
 numbers of Chriftian Captives in the feveral Pro- 
 vinces, and of fuch as were condemn'd to the 
 Mines. 
 
 A remarkable Inftance of thefe large Contribu- 
 tions, was that of Marcion, about the Year 170, 
 who made an Offering of 500 Drachmas of Gold at 
 one time, in the Church o{ Ro?ne. But becaufe he 
 held certain unfound Do6lrines in Matters of Faith, 
 fhe expeird him out of her Congregations, and re- 
 turn*d him all his Money, believing fhe fhould have 
 been polluted, in keeping the Money of a Here- 
 tick. 
 
 Afterwards the vafl Increafe of her Wealth, from 
 the Year 220 began to be look'd upon with an envious 
 Eye, even by the Emperors themfclves, and gave occa- 
 fion to Dedus the EmpcTor, to feize the Perion of St. 
 Lawrence a Roman Deacon, in hopes to have made him- 
 
 (■/) Difcipuli prout quifque ha- 
 bebat, propofuerunt iinguli in 
 minifterium mittere habitantibus 
 in Judaea fratribas, quod & fe- 
 cerunt, mittentes ad feniores, per 
 manus Barnabae, & Sauli. Ad. 
 II. 
 
 [g] Probaverunt Macedonia 
 & Achaia collationem aiiquam 
 
 facere in pauperes fandorum 
 
 qui funt in J^-ruialeih. 
 
 Cum conn lumavero, & afligna 
 vero eis frudum huac, per vo-s 
 nroficifcar in HHpaniani./.67s. 1 5 . 
 [h) De coikccis autcro qucc 
 fiunt in i'anctos, ficui oidinavi 
 Ecck-fiis G'latix, iiaSi vos fa- 
 cite. Cap. ult. 1 Cor, 
 
 B 4 feif 
 
ECCLES I AST ICAL 
 
 felf Mafter of the immenfeTrearure of the Church (i), 
 which heimagin'd to have been vaftly encreasM, and 
 laid up there \ but was difappointed by the Fore- 
 fight of the holy Man, who fearing the Avarice of 
 the Tyrant, and the Perfecution that was then im- 
 minent, diftribuced it all at once, as had been ufual 
 when the Church was threatned with the like Ca- 
 lamities. 
 
 In effect, mofc of the Perfecutions which it fufferM 
 from the Death of the Emperor Commodus^ arofe 
 from the fame Caufe ; for when the Princes, or their 
 Captains of the Guards wanted Money, they found 
 no fhorter Expedient for raifmg it, than by feizing 
 the Eftates of the Chriftian Church. 
 
 (i) St. Prudeiitius introdu- 
 ceth an Officer of Dccius, thus 
 fpeaking to St. La<vjrence : Shiod 
 C<£fcfris fcis, Ceffari da, nempe 
 jujium pof.ido ; tit fallor, baud 
 uila^ tuus fignat Deus pecuniam. 
 
 Viz. Give to C/rfar what thou 
 knoweil to be his ; [ ask what is 
 juft, for if I milUke not, thy 
 GOD coins no Money. In Hi. 
 de CoroHii. 
 
 CHAR IV, 
 
 S the Churches became rich, the Clergy became 
 _ fo much more ateafe, that fome of them, not 
 conrented with a Subfiftence in common, began to 
 afFeft living feparare in Houfes of their own, and to 
 have each thejr Allowance paid in Money daily, or 
 rnonthly, or for a longer time ; a Method which 
 however it fell beneath the pjimiiive Perfedtion, was 
 yet toltrated by their Superiors. 
 
 But the Diforders ended not here, for the Bifhops 
 ceafing to make the ufual Diftribution to the Poor, 
 referved them to their own \Jk. Thus enrich'd 
 
 with 
 
Benefices and Revenues. 9 
 
 with the publick Spoils of the Church, and giving 
 themfelves up to all the Methods of encreafing them, 
 even to Ufury itfelf, they quite abandoned the Doc- 
 trine of Christ. 
 
 And St. Cyprian having lamented this to he the 
 Condition of Affairs in his time {a), concludes. 
 That GOD permitted this great Perfecution under 
 the Reign of Decius, to purge his Church from Cor- 
 ruption •, it having always been the Divine Method 
 to reform, either by the gentle Remedies of lawful 
 Magiftrates, or when the Corruptions have fpread 
 too far, by the Scourge of Perfecution. 
 
 But tho' the Church were now poffefs*d of fo much 
 Wealth, fhe had not yet attained to any real 
 Eftates, or Goods immoveable •, both becaufe their 
 firm expectation of the End of all things fo near 
 approaching, had leflen*d their Tafte, and made 
 them regardlefs of the things of the World, which 
 they look'd upon both as tranfient, and encumbring 
 in their flight to Heaven •, and that alfo, by the 
 Roman Laws, no Perfons were permitted to give or 
 bequeath by Will real Eftates to any College, So- 
 ciety, or Corporation (b) -» nor thefe to accept them 
 without the Approbation of the Senate, or the 
 Prince. 
 
 {a) Epifcopi plurlml, quos 
 & hortamento effe oportet ce- 
 teris & exempio, divina pro- 
 curatione contempta, Procura- 
 tores rerum fecularium fieri, 
 derelifta Cathedra, Plebe de- 
 ferta, per alienas Provincias 
 pberrantes, negotiationis quae- 
 ftuofse nundii^as aucupari de 
 
 {i) Collegium fi nullo fpe- 
 ciali privilegio fubnixum fit, 
 hxreditatem capere non pofle, 
 dubium non eft. Lege 8 CoJ. 
 de h credit. injUtuendis. 
 
 This La^v n.vas made by Dio- 
 cleiian and Maximian. Ann* 
 Domini f 2 go. 
 
 Aod 
 
I o Of Ecclesiastical 
 
 And of this no doubt is to be made, however there 
 are fome Letters extant which go under the Names 
 of the firft Popes^ which give a Reafon why the A- 
 poftles fold thsir PolTefllons in Judea, faying, it was 
 from the Forefight the Apoflles had. That the 
 Chriftian Church was not to remain in Judea^ but 
 to remove among the Gentiles: As if the Reafon were 
 not exprefly fet down in thefe Words of Christ to 
 his Church ; Fear noty HttU flocks fell all that you have, 
 and give it to the Poor, Luke 12. as lijerufalem^ after 
 it was deftroy'd, had not great numbers of Chriftians 
 in it again, when it was rebuilt; or that no City 
 among the Gentiles^ where the Chriftians had any 
 Poffeilions, had ever been deftroy'd. 
 
 But without lofing time to refute fo plain a Fal- 
 fuy, it is a Point out ofdifpute. That thefe Letters 
 were forged and contrived about the Year 800, by 
 thofe who preferr*d Riches and Luxury (an Example 
 too much obferv'd in thofe Days) to the Apoftolick 
 Simplicity, and Moderation, inftituted and com- 
 manded by Jesus Christ. 
 
 Indeed during the Confufions, which continued a 
 long time in the Empire after the Imprifonment of 
 Valerian^ and the loofe Obfcrvance of the Laws in 
 thofe times, efpecially in Africk, France and Ital-^, 
 fome People's Zeal took hold of that Opportunity 
 to beftow alfo real or immoveable Eftates on the 
 Church, which were all confifcated in the Year 302 
 by the Emperors Dioclefian^ and Maximian j except 
 in France^ where Conjlantius Chlorus, who govern'd 
 there, through an Effedl of his Goodnefs, hinder*d 
 their Decree from being executed. 
 
 But thefe Princes having renounc'd the Empire, M^>r- 
 
 entius eight Years after refl:or*d to the Roman Church 
 
 all its Pofieffions; a little after that, Hie found the 
 
 2 fame 
 
Benefices ^;^^Re venues, ii 
 
 fame Favour irom Conjlantine [c) and Lic'mus, having 
 granted the free Exercife of Religion to the Chriftians, 
 and allow*d Congregations of the Clergy, which in 
 Greek were call'd Churches ; made them alfo capable 
 of acquiring fix'd Revenues, or immoveable Eftates, 
 throughout the whole Empire, either by Will or Do- 
 nation ; with an Exemption from all Services that 
 were perfonal, that they might have more Leifure to 
 attend the Duties of Religion. 
 
 {c) Lib. 4. Con. de Epifcopis iS 
 Ecclejtis. Habeat unufquifquc li- 
 centiam fandiflims Catholics 
 [nempe fidei, religionis, aut Ec- 
 clefiae, a ivay of [peaking ufual 
 in Eufebius] venerabilique Con- 
 cilio, decedens, bonorum quod 
 optavit, relinquere. Non fint 
 
 Cafla Judicia : Nil eft quod 
 magis liominibus debetur quam 
 ut fupremas voluntatis, poft- 
 quam aliud voile jam non poiTunt, 
 liber fit ftilus, & licens quod 
 iterum noft redit arbitrium. 
 Anno 321. 
 
 CHAP. V. 
 
 IT was not till long after this, that the Cuflom 
 prevailM of giving or bequeathing Eftates to 
 particular Purpofes •, fuch as for Buildings of Piety, 
 providing Marriage- Portions, maintaining Orphans, 
 ^c. or yet of giving with a Condition annex'd, 
 of faying fo many MafTes, or other Divine Ser- 
 vices. But before they gave or bequeath'd abfo- 
 lutely, the Gift or Legacy was thrown into the 
 common Stock, which was the Fund appointed to 
 defray all pious Works. So true it is, That the an- 
 cient Eftates of the Church were not dedicated to 
 any particular Ufe of Piety ; but it is not therefore 
 true, that they may be laid out at the pleafure of 
 thofe v/ith whom they are entrufted \ bccaufe they 
 
 are 
 
1 2 Of Ecclesiastical 
 
 are really given to a general Defign of Piety and 
 charitable Works. 
 
 The Exemptions of the Clergy from the publick 
 Contributions (a)^ muft be own'd to have been one 
 occafjon of the great Encreafe of Weakh to the 
 Church : Which was every where inviolably ob- 
 ferved, equal to the Satisfi6lion both of the Princes 
 and People ; and which turn'd in no fort to the Pub- 
 lick Prejudice. 
 
 For feeing the Goods of the Church belong pro- 
 perly to People of the loweft Condition, thofe only 
 were exem.pted, who had nothing of their own, and 
 thofe only contributed who were able : A Method 
 which carry'd the greateft Equity in it ; feeing that 
 to exempt him who hath not a Competency for Life, 
 is not opprefiing otliers. 
 
 But we are not thence to infer, That it were as 
 reafonable for Princes to continue the fame Bounties 
 to the Church, now that it is become fo rich, that 
 It pofiTefieth a fourth Part of all Eftates ; which is 
 doubtlefs more than is left for all the reft of the 
 People (i) : And thcfe Eftates being no longer laid 
 out upon the Poor, to exempt the Clergy would be 
 a dired Contradiction to the Praftice of all good 
 Princes, and a means to make the Burdens which 
 the Rich ought to bear, fall upon the Poor (2) : 
 
 [a) Lib. 2. Thcod. de Epifc. 
 ijf Ecclefiis. Qui divino cultui 
 minilteria religionis impendunt, 
 id eil, qui CJerici appeUantur, 
 ab omnibus omnino muneriLus 
 exculcntur, ne facrilego Livore 
 quorundam a divinis obfcquiis 
 avocentur. Conjiant. ?nag. I. 9. 
 Cod. Theod. eodem titulo. 
 
 (i) Seeing the Clergy make 
 up but a very fmall Part. 
 
 (2) Phil, de Comines, whofe 
 
 rience in Affairs, exprefly blames 
 the Bounty of Lenvis XI. to the 
 Church ; faying, He gave much 
 to the Church, but he had bet- 
 ter have given lefs ; for he took 
 from tiie Poor, to give to thofe 
 who had no need. And} in ano- 
 ther Place, He gave goodly 
 Lands to the Church, but this 
 Gift was made void ; for the 
 Clergy had too much. C^/i. ult. 
 Lit?. 5, y 7. Lib. 6. of his M«r 
 
 Piety was as great as his Expe- moirs 
 
 So 
 
Benefices and Revenues. 13 
 
 So that the Princes of our Times want not the Piety 
 of their Predeceflbrs, yet Circumftances make the 
 Cafe very different •, for the Church would now alfo 
 be exempted if fhe were poor, and (he never would 
 have been exempted, had (he been rich. 
 
 CHAP. VI. 
 
 TH E fame exceeding Devotion in Princes and 
 People, which produced the vaft Encreafe of 
 Wealth to the Church, grew at laft to excite an ex- 
 tream Thirft in her Minifters to improve it •, from 
 which even thofe of the cleared Intentions among 
 them were not wholly exempt. 
 
 For fince the Diftribution of thefe Goods turn'd 
 to the Glory of GOD, and the publick Good, 
 they concluded that the more the Church had to 
 beftow, the more thofe Ends would be anfwer*d. 
 Thus in the view to fo great a Merit, they fet them- 
 felves with all their Skill and Induftry about fo plea- 
 fing a Task, without confining themfelves to the 
 Lawfulnefs or Juftice of the Methods i but if the 
 Church were enrich'd, by whatfoever means, they 
 thought they made a pleafing Sacrifice to G O D. 
 
 And certainly from thefe indifcreet Zealots, and 
 the want of a due mixture of Difcretion, have flow'd 
 innumerable and incurable Mifchiefs : For they 
 imagining every thing juftifiable (i), that is done 
 with a View to Religion, by afting both again ft that, 
 and even of Humanity itfelf, have often f::t the 
 World in dreadful Combuftions. 
 
 (i) Devitantes hoc, nequis i non folum coram Deo, fedetiam 
 nos vituperet providemus bona, I coram hoininibus. 2 Corinth S. 
 
 Thus 
 
14 Of Ecclesiastical 
 
 Thus it happen'd when firft the Church was al- 
 lowed to acquire real Eftates ; fome religious Pcrfons 
 entertaining an opinion, That ic was a Service to 
 GOD, to difinherit the Children and Heirs of 
 Families, in order to give their Eftates to the 
 Church, omitted no Artifice to perfiiade Widows, 
 Maids, and other eafy People, ready to receive any 
 ImpreiTions, to deprive their own Families, and make 
 the Church their Heirs (2). 
 
 And this Diftemper grew to fuch a height, that 
 the Prince was oblig'd to provide againft it, by an 
 Ordinance made in the Year 370. which in truth did 
 not put the Churches abfolutely into an Incapacity 
 of encreafing their Eftates, but forbad Churchmen 
 only to frequent the Houfes of Widows and Or- 
 phans, or to receive any Gifts by Will or Donation 
 from Women immediately, or by any third Hand (3), 
 
 Which Ordinance St. Jerom acknowledges to have 
 been a good Step towards the Remedy of a Corrup- 
 tion, which had taken too deep root among the 
 Clergy (4) ; namely, an immoderate craving after 
 temporal Riches. 
 
 (2) Charlemaign made a Law 
 to forbid the Churches to re- 
 ceive any Gifts, which difinhe- 
 rit Children and Kindred. 
 
 (3) Ecclefiaftici aut ex Ec- 
 clefiafticis Viduarum ac Pupil- 
 lorum domus non adeant, fed 
 publicis exterminentur judiciis, 
 ii cos Affines earum vel pro- 
 pinqui putaverint deferendos. 
 Cenfemus etiam ut memorati 
 nihil de ejus mulieris, cui fe 
 privatim fub praetextu religionis 
 adjunxerint, liberalitate qua- 
 cunque vel extremo judicio pof- 
 ■fmt adipifci, & omne in tantum 
 ihefficax fit, quod aligui horum 
 
 ab his fuerit dereliflum, ut nee 
 per fubjeftam perfonani valeant 
 aliquid vel donatione vel tefla- 
 mento recipere. Lege 20. Cod. 
 Iheod. de Epifc. ^ tcclef. 
 
 (4) Audio in fenes, & anus 
 abfque liberis quorundam turpe 
 fervitium. Ipfi apponunt ma- 
 tulam, obfident ledum, puru- 
 lentiam Itomachi & phlegmata 
 pulmonis manu propria fufcipi- 
 unt. In Epifi.ad Eujioch. 
 
 Illse quse facerdotes fuo vide- 
 rint indigere praefidio eriguntur 
 ad fuperbiam, & quia marito- 
 rum expertae viduitatis prxfe- 
 runt libwtateiiv. in one of his Ep. 
 
 Ycc 
 
Benefices and Revenues. 15 
 
 Yet this was not found fufficient, without another 
 Ordinance, made a few Years after, That Widows 
 who devoted themfelves to the Church, fhould nei- 
 ther give nor leave by Will any immoveable or real 
 Eftates, or Moveables of great Value (^). Of which 
 it is difcours'd more at large elfewhere. 
 
 Nor were thefe exceflive Acquifitions pleafing to 
 St. Augujline^ who liv'd in thofe times, and declar'd 
 himfelf freely upon this Head, that he thought it 
 more reafonable that Inheritances Ihould be left to 
 the next of Kin than to the Church (5}. 
 
 Which Opinion he confirm'd by refufing Gifts 
 that were left to his own Church. He likewife de- 
 clar'd. That a due Miniftry in the Church did not 
 confift in diftributing much, but in being well ap- 
 plied. He blam'd a Method of encreafing the E- 
 ilates of the Church by making Purchafcs of real 
 Eftates with the overplus of its annual Rents. He 
 never would fuffer this Abufe in his own Church, 
 declaring againft it in his Sermons, and that he had 
 rather live on the Offerings and Collections that were 
 made in the primitive times of the Church, than 
 to be charg'd with the care of an Eftate, which 
 would interrupt the Leifure that was neceffary to 
 the right difcharging the principal Duty of a Bi- 
 Ihop : adding, that he was ready to renounce all 
 
 [a) Ipfa tantum praediorum 
 fuorum reditus confequatur, de 
 quibus fervandi, abalienandi, 
 donandi, diftrahendi, relinquen- 
 di, vel quod fupereft, vel cum 
 in fata concedit, & libera ei 
 voluntas eft, Integra fit potcftas. 
 Nihil de monilibus, &c fupel- 
 leftile, nihil de auro, argento, 
 caiterifqueclarxdomus infignibus 
 hh religionis defenfione confu- 
 
 mat : Sed univerfa Integra in li- 
 beros, proximos, vel in quofcun- 
 que alios arbitrii fui exillinia- 
 tione tranfcribat. Ac fi quando 
 diem obierit,, nullam Ecclefiam, 
 nullum Clericum, nullum Pau- 
 perem, fcribat hxredcs. L. 27. 
 Cod. Theod. Anno 390. 
 
 (5) PoJP'^' '« i''Vtf Auguji. 
 cap, 24. 
 
 Pofleffion* 
 
i6 0/" Ecclesiastical 
 
 Pofleflions in the World whatfoever, provided a 
 Maintenance were allotted to the Servants and Mi- 
 nifters of GOD, according to the old Teftament, 
 (b) either in Tythes or in other Alms : To as they 
 might not be diverted from their Duty, by the Cares 
 infeparable from temporal Concerns. 
 
 Yet neither the excellent Exhortations of the Fa- 
 thers, nor the Laws of Princes, vvere of force to fet 
 any bounds to the growing Wealth of the Church, 
 but that it exceeded all meafure. 
 
 The ancient manner indeed of adminiftring and 
 difpenfing ihefe Eftates, was ftill kept up, and fo con- 
 tinued until the Year 420, without any remarkable Al- 
 teration. All the Alms, and Revenues arifing from real 
 Eftates, were yet in common, and under the care of 
 Deacons, who had for their afliftance Sub-deacons, 
 and other Stewards cmploy'd in providing for the 
 Maintenance of the Clergy and the Poor. The 
 College of Priefts, and the Bifliops chiefly, were the 
 Supervifors •, and an Account of all Receipts and 
 Disburfcments was kept. So that the Bifliop order'd 
 all the Diftributions, the Deacons executed his 
 Orders, and all the Clergy were maintain*d out of 
 the Revenues of the Church, tho* they were not all 
 in Funflions. 
 
 St. John Cbryfojlome makes mention. That in thofc 
 times the Church of Antiocb fed more than 3000 
 Mouths. It is alfo certain, that the Church of 
 Jerufalem defray 'd the expences of an infinite num- 
 ber of People, who reforted thither from alJ parts. 
 
 (b) Omnes decimse terras five 
 de frugibus, five de pomis arbo- 
 rum Dcmini funt. Le-iiit. ult. 
 
 Primitias ciborum noftrorum, 
 & poma omnis ligni, vindemiae 
 quoque & olei, afferemus facer- 
 dotibus. Ipfi Levitse decimas 
 
 accipient operum noftrorum. 2 
 
 Efdr. 10. 
 
 Thefe Tenths and Firft-fraits, 
 IS being of the yenjoijh Inftitu- 
 cion, were abolilh'd by the new 
 Law. 
 
 And 
 
Benefices and Revenues. 17 
 
 And we find in Hiftory, that Alliens BiHiop of 
 Conjlantinople^ afllfted the Church of Nice'm Bithyna^ 
 on occafion of a Concourfc* of poor People to that 
 City, wherein were numbred ten thouiand in one 
 Day. 
 
 C H A P. VII. 
 
 BUT after France^ Spain and /I Crick were erecft- 
 ed into two diilinft Kingdoms from the Empire, 
 the Pofterity of T'beodofnis extind, and ///z/j, by the 
 fucceffive Inundations of divers barbarous Nations, 
 made fubjed, at Jaff, to the Power of the Gi?//:;;, and 
 the Eaftern and Weitern Empires torn afunder from 
 each other -, the Government of the Churches alfo 
 took another Form. The Eaftern Churcli kept fti!l 
 the eftablifli^l Ufige of living in common ; Bjt in 
 the Weftern, the Bifliops from being Supervifors 
 and Adminiftrators of the Revenues, began to ufe 
 them as if they were their own ; and to aiiume a 
 fort ofabfolute Power in their Difpoficiorj. Hence 
 follow'd great Confufions in tlic Application of thefe 
 Eftates, to the great detriment of the Fabricks, 
 which fell to Ruin; and of the Poor, who were 
 left deftitute and unprovided for. 
 
 It was therefore order'd {a) in the Weftern Church 
 about the Year 470, That a Divifion fliould be 
 
 {a) Fops Gelnfius in Cp.non 
 
 qualiior, 27, 12. q. 
 
 which is 
 
 in the Year 494, ih.esveth luiii- 
 ciently that this Ufage was eila- 
 biifiiM Ibme time bciore. 
 
 Quatucr autcm tarn dc redi- 
 tu, quani de oblatione iidclium, 
 prout ciijuflibct Ecclcf;x facul- 
 
 tas admittlt, ficut duJum ratio- 
 nabilitcr eH: dccretam, convenit 
 fieri pordones, quarurn fit una 
 Pontiiicis, altera Clericorum, 
 tertia pauperum, quarta fabricis 
 applicanda. Vide Can. •volts 23, 
 eadcm qu.^J}. 
 
 C madtt 
 
I 8 Of Ecclesiastical 
 
 made into four Parts : The fiift was to go to the 
 Bifliop, the fecond to the reft of the Clergy, the 
 tliird to the Fabrick of the Church, in which, be- 
 fides that properly fo called, was alfo comprehended 
 the Habitation of the Biftiop, of the other Clergy, of 
 the Sick, and of the Widows : And the fourth Part 
 went to the Poor * •, which in moft Churches, ac- 
 cording to Sc. Gr^gory^ included only the Poor of 
 the Place : For Hofpiuality vvas incumbent only on 
 the Bifliop, who was oblig'd, out of his own Share, 
 to lodge all the fl:ran;jer Clergy, and to defray the 
 Expences of the Poor which came from abroad. 
 
 Yet it is not to be fuppos'd, that this Divifion 
 v/as made into four arithmetical and equal Parts, 
 but only proportional: For the Number of Clergy 
 in fome Churches requir'd a larger Share than the 
 Poor ; Vy^hereas the contrary fell out in other 
 Churches, where the Poor were more numerous than 
 the Clergy, And as in great Cities the Expence 
 of the Fabrick was greater than in the lefler, every 
 Church, which agreed to this Divifion into four 
 Parrs, fettled it in a different Proportion, as Cir- 
 cumftances requir'd. 
 
 I know that fome have attributed this Divifion to 
 VoTptSihefier, who liv'd 150 Years before, grounding 
 their Opinion on fome Writings which have been 
 forg'd fmce, with little Flonour to thofe Times, which 
 l.iy not then under fo corrupt a Charader, 
 
 In the lljcodofian Code we find a Law o^ Cohjian- 
 tiusd.nd Julian, bearing Date in the Year ^^9^ which 
 
 * Whereas before, the firll 1 all was in coMmon among 
 Part was for the I'por, ^fiz. wh(;n I them, 
 
 exempts 
 
Benefices afid Revenues. 19 
 
 exempts the trading Clergy from paying Duties (b)^ 
 becaulc all rhey gain'd went to the Poor. So far they 
 were from dividing the Revenues o[ the Church among 
 themfelves, tliat even their Gains they threw into the 
 common Stock. But about the Year of our LORD 
 500, however the Revenues had been divided into 
 Four Parts, yet the Funds out of which they aroff, 
 whether Immoveables, Oblations or Alms, were 
 brought under no Divifion themfelves, but only the 
 growing Rents continu'd under the Diredion of the 
 Deacons and Sub-deacons, jointly. 
 
 A Recapitulation of this Matter feem*d the more 
 requifite herf, becaufc the following Ages will prc- 
 fenc us with a Form of Government fo intirely dif- 
 ferent from what has been defer ib'd. 
 
 We have already fet forth the Method inftiruted 
 by the Apollles, for elcfting Minifters in the Church, 
 Viz. That the Bifiiops, Priefts, and other Miniilers 
 of the Word of GOD, as alfo the Deacons, who 
 had the Adminiftration of the Tcnipomls, fnould be 
 eleftcd by the whole Body of the Faithful, and then 
 ordain*d by the Bifliop, by Impofition of Hands *, 
 which continued without alteration. The Bifhop 
 was defied by the People, and Crdain'd by the Me- 
 tropolitan *, in the Prefence of all- the Biftiops of 
 the fame Province, or at lead, with the Confent in 
 
 {/;) L.3. Co<^.neod.deEp!fc. 
 Csf Ecclefiis Anno 346. Juxta 
 fanftionem quam dudam nieru- 
 iffe perhibcniini, & vos & man- 
 cipla veftra nuUus novis to1la- 
 tionibus oblJgavitj fed vacatione 
 gaudebitis. 
 
 Procterea neque hofpites fufci- 
 pietls, & fiqui de vobis alimo- 
 nix caii{a ncgotiationem exer- 
 ctic vo!u;u, imrauiiitaice pot-i- 
 »ntur, ' 
 
 St. Jerom exclaims againft 
 thele Privileges ; NegoHaturcm 
 CUriai?n, faitn he, i^ ex inape 
 di-vitem, ex igmh'iU gloriofum, 
 
 quafi quandam peflem fuge 
 
 Cm'i nundincc, fora placent, i^ 
 pt'atea, a: medicoriim tahcrna. 
 Ep. 2. ad Nepotianum. 
 
 * Vide Appendicem ad Ca- 
 pitul. pag. I 3 72. ca^. 4. 
 
 C 2 Writing 
 
20 ti/ il-C C L E S S .& S T S C A ?, 
 
 "Wmiajg of ?i]s>'ic ^"&!5 c^'d^d. m:^ foe fJrefeifL <>■ if 
 sTjy Ac-ddant iiiad-o-M sjfe Mctroptylcan ifrom at- 
 
 t&c sicigkl:wi5r-iQg Bi&c/p£, %mh tiie Ccsafcat -df itim 
 ssii «^f dscc «2-i5i£S" .al:)fcfK ^&Gps. .And ■aftcrwatds,, 
 ^'baa s® isir^pr^c tlji-s F-cs^ros -oif GGv-erm&iem:^ fe^'.cral 
 Firovi'^'Ks ware ^Bsds feb^e^t ^ti® ■one Pti-osstes skis. 
 
 Tl-je &Mt:s5 Oea-Oisns am^fS ©thsr Clergy w.stc ■^\93 
 
 fec^-'j <^ c& !Ei'©-iiii:ifs;iteci bf die BiSiGp., ^agicl witk 
 tfiffi Ccsisfesc. rf xfc.£ Pee- pic orda'irf'.(3 ''by iiini. I>f.® 
 
 Eife'pE%»£r «^.ila:m :ai?iy^ feift Cis-ck ;as were appr-C3^''jd^ 
 
 il^.e Bspe^ Sl £.-t?a, pro^'es •.at Sarge rcbe Iiivj 
 
 ffilS dsc Fa;d3£rs sof tfec ■Q:Tar£k m tJi©fe liraes agree.. 
 Ami €&»^^m..e fedrtg cfa^feia Bj.fhop -(©f PIils,n bf 
 tls?e Qergy, Si. Gr£gmj tiTO'ught he cqiiM n.©t foe 
 coa&r^icol -wmhsmt €ut Confenc ©f the JnlmbitantSv 
 wis© isi^ag ai; tlx^ same rctsr'^.d t® G£wSf -t® avoiif 
 eIk ftj2F/ag£S of ffe fearba-rosjs Natior.E, a M-eflage wa« 
 Sdl fee £a dasm at fais luftance, to j^sow their 
 PJealore. A "Ftiiizg wiridi irsay julHy be T^com- 
 nsesKfeid to tfce Obfe^^ajdon of this Age, ■where wc 
 are tasg&t ths.t £lai3:i«Tis, vyjiciciii die People ihooM 
 p^eteod m h&vs, aaj Shafe^ would be ■ufilawiul audi 
 
 
 plcBi^iX cozifeaa^ cosiootditcr \ cQiateoiiat, aut o.dent, & fiat 
 
 pojiisla^t, isa aat £ isa aliaia &r>K 
 
 petCtilibas ori.inecua% ne Civitas 
 Epifcopum non ©pteucn aul 
 
 miaus rcllglofe qi'am conv erut 
 
 Ferfcaam pastiyax fc vcca dii;a- | cui non licuerii habeie ipssn vo- 
 fmat, mestJiopolitani ?iw?icto is \ luk. 
 
 &• iiadiis javaiur & Jiierkis : 'fai&mceKjhn^ cap. 5. 
 
 invalid : 
 
B E N: K F I e i:s- m^^i- -R e t e ?i' ar r & 21 
 
 aS"' Co ma fee- GJood!a!xd;EFilcSai2ge- £i^i j K"ii.53e3y. f a^l- 
 
 abfe and: irrrpioiig: ; a^rd rBaJ: omju^j, i^ik& fe:^ 2la£S8 
 cBe Reputation, o^" Sirof^ity,. 
 
 iram^d his Succeil©r y a.? Sr. ^»y|?yjfy?;mt53ss;''«I.£^?22^&<?. 
 Bljc neither was this-> N:0325ihr.si£aro£2;s^]^feiSTe K^iJih- 
 ©lit the- A'pprobatrbfr of chij- Ftoi^^',- All 'ffefe-^e: 
 Pai!Cicui£?a a3 jSL'celjItry- eo? Be- welS Hi3cle?&C"dt, a-?5 
 
 Pradfees. of iicaeading. ^^- m£h silc^ Ifeiiaismr^s 
 
 €. H K E. ¥BI. 
 
 L?Jl& E^g^eSTsfs wHF liars Se- iase<is^3jv, ?® ^al:.^ 
 
 in eiss- of shs;- msr^t zrirm^jrablt" Oiafe^^, isc9 
 
 ^rings ©S Wealth. to> ths €h.iij:]?cik„ ■w<fii[:&lai|?^£!??'d 
 about ufce Tear 5.00-.. This^wss-a^ Isf^kiBticfia 2^ ISs-- 
 ISgious Colleges- ealTd Mma0eyks\ 
 
 t!Cca.Son.''d' by irhs- Pc?feci3>i-k)DS- m ifboS^ w>h'j5> ^d^ 
 sTiiiher- fo.r Refage.. Frerra ^■S-arK:^; k pj^-^ti emu 
 
 (v)' 77''gr« '?j^i:7r?- ManKs i» ScepiTxe '^iVcsrcS., ■^j-.. •Tjfi ^ ^..^ 
 
 paAict cj^uiuKtr^. led. pjoba- Irfifa HvaagdiS. ?r^st•itJ•'.^R-.Blas■•■ 
 siil^^rru, i'SoiiacboruiTB Jicanine ;cviai> IL Jfstrt iljfcittjii dSun'j-a- 
 S^Wtifex jtsefcis, Jioraxaui i^if- l^iHl- "^J-^^t- 4- 
 
22 Of Ecclesiastical 
 
 Greece^ where '^x.BafiU about the Year 370, gave 
 it the Form it has preferv'd ever fince in that 
 Country. And about the Year 350, Athanafius 
 brought it into Jlal'^ : But at Rome, and in the Parts 
 adjacent, it found few Followers, and little Encou- 
 ragement, until the Year 500, when St. Equit'ms ^nd 
 St. Benedi^f gave it a more lafting Form, and made it 
 fpread. Yet the Inftitution of St. EquUius fail'd foon, 
 but that of St. Benedict extended itfelf all over Italy^ 
 and even beyond the Mountains. 
 
 In thofedays, and for a long time after, the Monks 
 were no Ecclefiafticks ("2), but Laymen, and in Con- 
 vents which flood without the Cities \ fubfilting on 
 their own Labour in Husbandry and other Trades, 
 and on the Oblations of the Faithful ; of all which 
 the Abbot had the Management. 
 
 But in the Cities they liv'd on their own Hand- 
 labour, and the Share v/hich was allotted them by 
 the Church of that Place. Thefe retain'd their an- 
 cient Difcipline much longer : And as the Clergy, 
 after they began to flicure the Goods of the Church 
 among themfcives, had lofl: much of the Reverence 
 
 V. Epifi. 10. ad Epifcopos 
 Viann. cap. 6. St. u'-hit'jny was 
 the iirft, who brought the 
 Monk^ to live in common. A 
 Proof, That that Life is not in- 
 conftilent with Solitude: Which 
 Point Mr. D'Ofit prcHeth with 
 great llrength of reafon, to an 
 Abbot of the Order oi Feuillans. 
 A Monk, faith he, who attends 
 A'lattins, and other Services 
 cnjoin'd, and employs the reft 
 t-f the Day in Stud/, or in fonie 
 other honefl way, is folitary 
 enough, and needs no other De- 
 fart but his Convent. And the 
 Ancients, in calh'ng a Convent 
 
 Ccembiiitn, and thofe in Religi- 
 on§ Difcipline Monks, fhevv, 
 that Solitude may eafdy be 
 fouiid in Community and So- 
 ciety. 
 
 (2) Alia Monachorum eft 
 caufa, alia Clericorum, faith 
 St. Jcrom. J»d again, Clerici 
 pafcunt oves, ego pafcor. Epiji. 
 ad Hcliod. 
 
 But tho' the Monaflick Life 
 were very different iVom the 
 Ecclefiailick, it was however a 
 Step to Orders. Sic I'ive, faith 
 he to a Monk, ut Clericus ejje 
 ?ncrearis, Epift. ad Rullicum. 
 
 the 
 
Benefices and R e v e n u e s. 
 
 o -» 
 
 ^v") 
 
 rhey had among tlie People, whole De\orion by 
 that means was extinguilli'd ; fiiw continu't! their 
 Bounties to the Church, and tl^.ere had been an end 
 to all its Acquifition'^, if the Monks, by continuing 
 to live in common, and exercifing Works of Cha- 
 rity, had not rcviv'd and turn'd all the Scream of 
 the People's Dc-votion on themfelvcs. 'i'hus ih,ty 
 became, in time, very powerful in Inheritances, and 
 PoflefTions of all kinds •, every one finding a flronger 
 Invitation to his Charity, as he faw ic v/as then 
 employ'd in maintaining great Nunibcrs of Monk.'-, 
 in educating Youth, and other Works of Piety and 
 Hofpitality (;?). The Abbot '^nthcmius reckons the 
 Number of Monafberies o{ Beneditlines were 15000, 
 bcfides the lefler Convents. The Monks chofe their 
 own Abbot, who govern'd in Spirituais, and had the 
 Difpofil of all the Oblations, p.s well as of all they 
 gain'd by Labour ; Afteiward?, ahb he had the 
 management of the Revenues aiifing from their im- 
 moveable Eftates. 
 
 (3) Me-zeray faith in the Life 
 oi Phil. Augujhis, That tlie A'lo- 
 nafterics of the Be7zed'ulh>.e: 
 were as Inns for Receipt of 
 Gentlemen and other Travellers 
 gratis, and Schools to teach 
 their Children. 
 
 Another thing contributed 
 much to the Encrcafe of Mona- 
 chifm ; which was, the Means 
 they had found to fuccecd to 
 their Fathers Ellatcs, which at 
 >heir Death they left to their 
 
 Convent. J ■<'n eo tempore fev- 
 njor MofMfiic^jf Religb'iis tepue- 
 rat. yaiii unufquifqjte in (;o>:is 
 Parentiim fuormn hceres fieri 
 quirrebat : Unde auidam eorum, 
 quid fiki acquifi'vcraKt, in fern;i- 
 tiutn fratni7n, \^ coTiirnunem «- 
 tHitatem Loci p.ihlice cofitrade- 
 ])ant. Chronicon. S. Benigni 
 Divion, Anno 789. Tom. 1. 
 Spicclegii Achcr. pag. 402, &' 
 
 c ri A p. 
 
24 Cy Ec C L E 5IA ST I C A L 
 
 CHAP. IX. 
 
 U T after the Year 500, the Bifliops being be- 
 come the abfoiute Difpenfers of the fourth 
 Tart of the Goods of the Church, they began to 
 employ more of their Care on their Temporal Af- 
 fairs, and to make Parties in the Cities : So that 
 Eledioni were no longer carry'd on with a View to 
 the Service of GOD, but manag'd by Faction and 
 Intrigues, which often proceeded to open Violence. 
 This gave the firfb Alarm to Princes, who had hi- 
 therto little concern'd themfelves in the Choice of 
 the Miniftry •, but when the holy Men of thofe 
 times began to declare, That GOD had plac'd the 
 Church under their Prore6lion, and that they were 
 anfwerable by that Divine CommifTion, to fee that 
 the Afi\iirs of the Church fhoiild be adminifter'd un- 
 der rgular and legal Forms of its own ; this open'd 
 the Eyes of Princes, and made them capable of dif- 
 cerning how much the Interefts of ambitious Clergy- 
 men, and the fcditious Cabal form'd on thefe Oc- 
 cafions to obtain the Dignities of the Church, en- 
 d?.nger'd the publick Peace, and the Intereft of the 
 Civil Government. 
 
 Mov'd therefore, partly by Religious Confidera- 
 tions, and partly by Reafons of State, they now be- 
 gan not to fuifcr the Clergy and the People to de- 
 termine Eledicns by themfelves, and according to 
 their own Pi-ffions. For feeing Men now no long^^r 
 avoided and fted irom Bifliopricks, but even made 
 Intereft. for them with all the Courtfhip and skilful 
 Solicitations they could ufe ; fo great a Change o- 
 pen'd a Way to Faftions, and confequently to Se- 
 ditions, and fometimes Bloodfhed at the Inftigation 
 of the contending Parties. 
 
 Some- 
 
Be NEFI C ES ^WRe V E NUES. 25 
 
 Sometimes the Inconvenicncies were no lefs by 
 Ele6lions fiilling on People dilaffcfted to the Govern- 
 ment, and fuch as entertain'd fecret Correfpondence 
 with the Enemies.;' of the State, which, during the 
 Weftern Confufions, were never inconfidcrable : 
 or otherways, by Elecflions tailing on fuch who af- 
 terwards attain'd to great Popularity, which they 
 apply'd to ufurp the Power of the Magiftrates, and 
 then to incite the People to fupport their Innovations. 
 
 Thefc Diftempers produc'd an Edidt, that no 
 Perfon elected ihould be confecrated without the 
 Approbation of the Prince or Magiftrate •, referving 
 to themfelves the Right of confirming the great Bi- 
 fliopricks, fuch as thofe in Italy of Rome^ Ravenna^ 
 and Milan^ and leaving the Care of the others to 
 their Minifters. 
 
 But in thofe times, as more Regard was had to the 
 anfwering the true End of good Government in the 
 Church, than to any Appearances -, if there hap- 
 pen'd in a City fome one of that eminent Merit, that 
 was equally the Inclination both of Prince and Peo- 
 ple, upon a Vacancy he was confecrated forthwith, 
 without other Formality. 
 
 Sometimes Accidents of Wars or Plagues might 
 haften the Confecration of a Bifliop, before the 
 Princes Confirmation were obtain'd [a] : as it hap- 
 pen'd in the Cafe of Pelagius II. Ro:ne being then be- 
 fieg'd by the Lomhardi. But after the Siege was 
 rais*d, that Pope fcnt St. Gregory^ who was then 
 Deacon, and afterwards his SucceiTor, to cxcuf- it 
 to the Emperor, and to beg he would confirm what 
 NeccfTity had oblig'd to be done. 
 
 [a) Poft BeneJidum Papain 
 Pelagius Romanx Eccleha: Pon- 
 tif'ex abfque juflione Pn'ncipisor- 
 dinacus til : Eo qocd Longo- 
 
 bardi Romam per Circultmn 
 obfidcrent ; nee pollet quifquani 
 a Roma egredi. Warnefrld dc 
 gijlis Longouard, Lib. 3. cap. 20. 
 
 In 
 
26 Cy Ec CL E SI ASTIC AL 
 
 In this manner, that is, with the Imperial Sandi- 
 on, the Popes and Bifliops continu'd to be chofen in 
 ^taly until the Year 750. But in France^ and other 
 Countries beyoi'd the Mountains, the Royal Autho- 
 ri'-y, ?nd even that of the Mayors of the Palace, 
 appt^ar'd more abfolute •, for the People, as foon as 
 thofe Prirxes concern'd themfelves in Eled:ions, de- 
 fifted intirely, and withdrew themfelves from them. 
 Good Men acquiefc'd, in confidence that their Prin- 
 ces would take all the care that was neceffary in 
 that matter ; and ill Men defpair'd to bring about 
 their Defigns : So that the Kings of France had the 
 fole Collation of all the Bifhopricks throughout their 
 Kingdom. 
 
 Through all the Hiflory of Gregor'^ of Toun^ from 
 the time of Ciovis the firft Chriftian King of France^ 
 until the Year 590, we find no Inftance of any one 
 Bifhop being made in any other manner than by the 
 Nomination or Confent of the King (b). And St. 
 Gregory I. who was made Pope in that Year, writing 
 to the Kings of France on divers Occafions, laments 
 that Bifliopricks were beftow'd on Men not fufficient 
 for that Charge \ befeeching them to chufe Men of 
 Probity and Capacity, but without any Objediion 
 to the King's Right of Nomination, unlefs it were 
 want of Merit. 
 
 It 
 
 (^) Interempto Runico Ca- 
 turoci urbis Epifcopo, confenfus 
 Regis & Civium pari fentcntia 
 in Epifcopatum Dcfidcni afpi- 
 ravit. Nam licet iiiggeilio Ci- 
 vium ad Praefules & i"'iincipes 
 jam prjEceflerit, Rex tamen pro 
 hoc amantiflima & valde ambi- 
 enda praecepta dedit, in quibiis 
 f erfpicue agnofcitur, vel quam- 
 obrem hunc Rex diligerct, vel 
 
 quam de eo aeflimationem ha- 
 b(^ret. Tale nimirum de illo 
 Rex civibus & Epifcopis, cun- 
 (Soque populo tefliixioniomdedir, 
 ut jure plebiurn tellimonia re- 
 gia oracula pixcellerent, ac prse- 
 venirent. hi n;ita S. Dejtdcrii 
 EpiTc. Cafurc. cap. S- torn. I. 
 Bihliot. MS. Labbei, p. 703. 
 
 Vv'hence it appeareth, the 
 
 People chofe, but that the E- 
 
 ledion 
 
Benefices and Revenues. 27 
 
 It was eafy for thofe Bifliops, when once they 
 were made without the authority of the People, to 
 exclude the People alfo from the Choice of Priefts, 
 Deacons, or other Ecclefiaftical Minifters, and to 
 transfer that Right to the Prince alone: Some part 
 of the People having wholly withdrawn themfelves 
 from Ecclefiaftical Congregations, to attend their 
 domeftick Affairs, others to avoid popular Fadlions ; 
 others again, upon finding themfelves contemptu- 
 Gufly treated by the Bifhop, whofe Power was grown 
 to an inconvenient Size, by his Wealth, and the 
 Intcreft he had in his Prince, of whom he held his 
 Bifhoprick by Nomination or Confirmation. And 
 fometimes the Prince would name the Perfons to be 
 ordain'- , or would commit that Care to the Bifhop, 
 efpecid-) when he happen *d to be in his Prince's 
 Confidence. And this often brought him to be far- 
 ther ufeful, either in making up Differences among the 
 People, or in deciding difficult Caufes referr'd to him 
 by the Prince. 
 
 leftion ought to be confirm'd by 
 the Prince. Which is feen in 
 a Letter of Dagobcrt, reported 
 in the Life of St. Didicr, njiz. 
 
 Juxta Civium petitioncm, 
 noftram quoque concordantem in 
 omnibus voluntatem decerni- 
 mus, ac jubemus ut adjuvante 
 & clamante laudem ipfius Clero, 
 vel Populo, vir illudris, & ve- 
 lus Dei cultor Defiderius Pon- 
 tifex in urbc Caturci debcat con- 
 fecrari, & nolb-a civiumque vo- 
 luntas, quod dc'crevit in omni- 
 bus, in Dei nomine perficiatur, 
 & pontificali benedidlione fubli- 
 matus, pro nobis, Sc pro uni- 
 verfis ordinibus Ecclefiae debcat 
 exorare, Sc acceptibilcs Deo 
 
 hoflias ftudeat ofFerre. 
 
 Qua 
 
 de re, praefenti authoritute de- 
 cernimus, tit diftus Defiderius 
 Epifcopatum in Caturcenfi urbe 
 prxfentialitcr fufcipiat.. Et ut 
 hsEc deiibcratio voluntatis no- 
 lliaelirmior habeatur, man us no- 
 ib-£ prcefciiptione I'ubtcr earn 
 decrevimus roborare. 
 
 \Lib. 4. Epifi. 53. ndChilde- 
 bert. Et torn. i. Concil. Gill. 
 Epijl. 5. ad Briinichildctn. Lib. 
 7. E.p. 5. ^ torn I . Concil. Gall. 
 Epijl. 22. ad Brzmich. Lib. 7. 
 Ep. 13. b" 7om. I. Coiic. Gall. 
 Epifi. 27. ad Theodoric. & T/jeo- 
 dclxrt. Lib. 7. epifi. 114. ^3" 
 turn I. Cencil. Gall, '^spifi. 28. 
 
 For 
 
Far the Refpcift Hiev/M to Religion- in. thofe d^-r^ 
 Maviiig rais'di the Bifhops to a Credits w^hi^rh: wasi 
 not. Qrdinarily afforded to MagiftrateSj engaged thsmi 
 more in thefe fccular Functions than in teaGhiog the* 
 ©oftrine of Christ, im which; MeiP had- thoughtg, 
 at firft, Gonfifted their principal D'uty, So thar toj 
 fee a- worldly, prudendai iVlan,. was. a better Quati£i- 
 cation for a; Bifhopj. than to> be a gpod. Cafuiil«. 
 Whicli holds good to this day m thaft Saying,. ^baS-' 
 eavepi U he in Places confining an^ the- Infid'eh^ iS' goad!. 
 Mawyer makes a hedtdr Bifiop than a- gvod' 3k)me-%, 
 whidi indeed muft be allowed, if tte chief Eu-ffnei&» 
 c}f a Bifliop'be to try CaufeSo. 
 
 ' Jssus C.H a r;s T, when he- ordain *d' his ^poUr-les;, 
 tDid them J As my FATHER fent me^^ fo find I' 
 ym. By which thsy Mnderftood he- fent them^ to* 
 tsach>. But if now. every Man be fufKciendy in»- 
 ftruccedj there: is no need: of any more Tsaclrers ^ 
 and. they ought to^ quit an EmploynyeoD growmufe- 
 Ibfs to the Worlds. 
 
 Heretofore the- principal' Care of a Eifhop' wast©> 
 teach^his- next was. to^ tal^e Ga?e of tin? Poor 5,.. bur 
 as the- AdminiftratioiT of the- Church- Affairs canie- 
 into the hands of the Clergy,, there ^cw fome Re— 
 imffnefs in both Duriesj. and the ^adri£arike DivilToffi 
 eatne to be arbitrary;., 
 
 Where the Bifhop and Cllergy were Men of Con- 
 fclence, a reafonable Divifion was- made 5- but whese- 
 chey happened to be infierefted Meis, the Poor wan^. 
 ting Protediorsi, and' the Fabxick of the Church Slt- 
 Iferv-ifors y thcfe- tvvo- Pbrtions were in fome p;aces; 
 liinlc alraoft to^ nothings aad. all was divided betwist. 
 die Bifliop a-nd tl^(^ Clergy.. 
 
 And even in Ciiiarchfs where the Diviion was; 
 made with' due Fi;opoftionj the Adminift52.ti;on ©f 
 the two Parts which-, was allotted to the Fabrick anil 
 daePo©ra remaining, fl'^M in the Easds srfths Clergy,^ 
 
^w£r€ Sn'feifibSy cfknbi'ilicd, to the advantage 'dt 
 t'hsfc ■v/ho 'had the Management -, wltich is made 
 ^more evide?iC'by the fewirrftarTces that are any w'hcFe 
 to 'be found -of fiabrkks having any 'particular Re- 
 wenue, 'or <jf any Fimd rexTraining for the Poor, 
 CKcept Hospitals, which are of no ancient Inftitution. 
 
 At firft the Share of the Clergy was not divided 
 :£nx>ng them, but -left to the difcrction of the Bi- 
 •fhop, to 'difpenfe according to every oner's Mer-iL, 
 But afcerward-s the Pridb took upon them tema-ke 
 !the -Brvidend among themfelves, excluding the Bi- 
 i!&op from that Care -, and v;hen they had fet out 
 rtheir -own Share, in the I>ire.5lion of which neither 
 the Biihop, nor any otlier had iiny hand, they theFi 
 ifubdrvided it among themfeives. This gave begin- 
 tning to every Man's Property, and thus they ceafed 
 ?iso live jn ^'ornmon. 
 
 •But tho* the 'Revenues "were thus divided, yet atl 
 sVit 'Stock ^r Fund remain''d flill 'intrre, and iindivi- 
 •ded, under the Direftion of Deacons, and Sub -dea- 
 cons, who rcceiv'd the Rents, and •atrign'd them t© 
 itbe B'lfborp, and to every Prieft, in proportion to 
 tlieir "Shares^ 
 
 In thofe times the Church -Eftates were ca-lle^ 
 Fatnmmnes? which! have thought St by the way tt? 
 .remark, to -obviate any Miftake that this Name 
 might fjgnify any fovereign Dominion, cr Jurifdic- 
 r.on belonging to the Roman Church or the Pop:^ 
 'TTne Eftate of every Family, defccnding from its 
 B-nceitors, was calPd a Psitr'mony. And t]ie De~ 
 iniefhs or ElVate belonging in particular to the 
 Prince, was ca^ifd Sr.crhm Patrimoni-uin^ todifti^gnifh 
 it from the Patrimonies of private Men ; as we find 
 in many Places of the i?.th Book of the Code, For 
 th-2 fame reafon the Naine of Patrimony was given 
 to die E(b.tc of every Church 3 and wc find mcn- 
 
 lioij'^ 
 
30 0/* ECCLESIAST 1 CAL 
 
 tionM in the Letters of St. Gregory^ not only the 
 Patrimonies of the Roman Church, but alfo of the 
 Church of Riminiy Milan-, and Ravenna. 
 
 Churches in Cities, whofe Inhabitants were but 
 of moderate Subftance, had no Eftates left to them 
 out of their own Diftrid : But thofe in Imperial 
 Cities, fuch as Rome., Ravenna^ and Milan, where 
 Senators, and Perfons of the firfl Rank inhabited, 
 were endowed with Eftates in divers Partsof the World. 
 St, Gregory mentions the Patrimony of the Church 
 of Ravenna, in Sicily, and another of the Church 
 of Milan in that Kingdom. The Roman Church had 
 Patrimonies in France, Africk, Sicily, in the Cottian 
 Alps, and in many other Countries. And the fame 
 St. Gregory had a Law-fuit with the Billiop of Ra- 
 venna, for the Patrimonies of the two Churches, 
 which afterwards ended by Agreement. 
 
 And to create yet the greater Refpeft for the E- 
 ftates belonging to the Church, it was ufual to an- 
 nex the Name of fome favourite Saint, which that 
 Church held in moft Veneration. So the Eftate of 
 the Church of Ravenna was call'd, The Patrimony 
 of St. ApoUinare •, that of Milan, The Patrimony 
 of St. Ambrofe, The Eftates of the Roman Church 
 were call'd, The Patrimony of St. Peler in Abruzzo, 
 the Patrimony of St. Peter in Sicily; in the fame 
 manner as we fay. The Revenue^ of St. Mark at 
 Venice. 
 
 Where the Patrimonies of the Prince were not 
 aflign'd to theUfeof the Army, a Governor or In- 
 tendant (i) was plac'd, who had Jurifdidion in afl 
 Caufes which concern'd thofe Eftates : Some of the 
 
 ( I ) This Intendant was ftilM, 
 Cotnes rerutn Pri-jatarum, to di- 
 ftinguifli him from the Comes 
 facri Patrimonii : Both are Spo- 
 
 ken of in the firfl Book of the 
 Code : The firft in the Title 33. 
 the fecond in the Title 34. 
 
 Roman 
 
Benefices a7id Revenues. 31 
 
 Roman Clergy would have ufurp'd the fame Power, 
 wherever that Church had any, throughout all their 
 Patrimonies, and have been the Judges themfelves, 
 without having any more recourfe to the Civil Ma- 
 giftrate. But Sc. Gregory condemn'd and rebuk'd 
 this Innovation, and forbad the Praflice of it under 
 pain of Excommunication. 
 
 The Canon of St. Ambrofe^ call'd. Si "fuhutum {c\ 
 is a Teftimony that the Eftates of the Church paid 
 Tribute to the Prince. And it is certain, that in the 
 Year 68 I, Conftantine Pogonalus or Barhatus, exemp- 
 ted the Roman Church from Tribute, which it paid 
 for the Patrimonies of Sicily^ and Calabria y and 
 Jujlinian Kihmnus in the Year 687, remitted the Tri- 
 bute for the Patrimonies of Abruzzo and Lttcania. 
 
 Yet the Roman Church drew not fo great Revenues 
 from its Patrimonies, as fome have imagin'd-, for 
 Hiftorians fpeaking of the Confifcations ot Calabria 
 and Sicily hy Leo Ifaurus, in the Year 732, acquaint: 
 us. That they both yielded but threeTalents of Silver, 
 and half a Talent of Gold ; which (not to dv^rell 
 on the Diverfity of Opinions concerning the Value 
 of a Talent) make no more than 2500 Crowns of 
 our Money: And the Patrimony of Sicily, tho* very 
 large, amounted to no more than 21GO Crowns. 
 
 (c) Si tributum petit Impc- 
 racor, non negamub ; agri Ec- 
 clefiae folvant tributuir.. Si agros 
 defiderat Iniperator, poteilatem 
 liabet vendicandorum ; toUateos, 
 fi libitum ell j Imperatori non 
 
 dono, (far the Ecclefiaftichi 
 hai'ifig only the XJfufru£i and 
 Siezvardfi>'ip, they camtot gi-va 
 •vjhat is not their o^von) fed noc 
 nego, CduU II. quajl. I. a-J^. 
 
 C H A 
 
32 O/'ECCLESIASTICAL 
 
 CHAP. X. 
 
 IT will not be foreign to our Subjed to know 
 the particular State of the Church, during the 
 time that the Goods of it remainM united in one 
 Common Stock, and under the fame Adminiftration, 
 tho' the Revenues arifmg from thence were divided : 
 But the fame Face of things was not likely to con- 
 tinue, confidcring the Differences which arofe be- 
 twixt thofe who had the Adminifhration, and thofe 
 who were fubjedl to it. So every Minifter began to 
 retain all the Offerings made in his own Church, and 
 convert them to his own Ufe : Whereas before they 
 carried the Offerings to the Bifhop, who made a Di- 
 vidend of them. But as an Acknowledgement of 
 the Bifhop's Superiority, every Minifter prefented 
 h^'m with a third Part of thefe Offerings,and fome- 
 tliing more, as a Mark of Refped paid to the Epif- . 
 copal Chair, which was C3.\V dThe Cathedral {a). They 
 alfo divided the Lands, and affigned to every Man 
 his Share. 
 
 But thefe Changes were not made in all places, nor 
 all at one time, where they were made -, nor by 
 any publick Edift, but in the manner wherein all 
 Cuftoms are introduced, obtaining and enlarging 
 themfelves infenfibly, efpecially bad ones, which 
 make the fwifter Progrefs, and find lefs Oppofition. 
 
 [a) Cathedraticum etiam non 
 araplius quam vetufti mods efle 
 Gonlliterit, ab ejus loci Presby- 
 tero noveris exigendum. Gela- 
 Jiics Fahiano Epifcopo, anno 494. 
 Can. 5. q. 3. cauja lO. 
 
 lUud te volnmus modis om- 
 nibus cullodire, ne qui EpifcQ- 
 
 porum SiciliK de Parcchiis ad te 
 pertinentibus nomine Cathedra- 
 tici amplius quam duos iolidos 
 prtefumant accipere Pelagius. 
 Jlnno 580. Can. 4. 
 
 The Council of Braga Imd 
 fix'd this i^ight eight Years 
 before. 
 
 Whilft 
 
Benefices a?td Revenues. 't^ '^ 
 
 Whilil the Affairs of the Church were in this 
 pofture, the Princes diflributed the publick Lands 
 among the Soldiers, upon. Conditions of feveral na- 
 tures -, fome of guarding the Frontiers, fomeoffer- 
 ving the State in Civil Affairs, or in the Wars, 
 fomc of defending the Cities and ilrong Places. And 
 thele Eilates, which in the Language of the Franks 
 and Loinbards were call'd Fiefs ; in the Latin Tongue, 
 which was not then wholly cxtinft, were called Be- 
 nefuia, as held of the Prince's Bounty {i). For the 
 fame reafon the Portions of Ecclefi.ifticrd Eftates, 
 or the Right of poffeffing them, were aifo call'd 
 Benefices^ becaufe they were in that refpeft like Bi- 
 fn opricks given by the Prince j or by the Bifnop, 
 who with the p::rmiffion of the Prince, conferr'd the 
 other Dignities. Befides that the Church-men are con- 
 fider'd as a fort of Spiritual Soldiers, who keep conftanc 
 Guard, and exercife a facred Warfare. 
 
 The Abbies beyond the Mountains by this time 
 being grown to vaft Poffeffions, the Mayors of the 
 Palace took upon them the Authority of making the 
 Abbots : For which the Ufage of thofe times, in 
 making the Monks all of meer Laymen, gave alfo a 
 fair Occafion \ unlefs fometimes, as a thing of 
 Grace, the Monks had leave to choofe an Abbot 
 themfelvcs. 
 
 In //rt')', where the Wealth of the Monaficries had 
 not made them confiderabk before the Year 750, they 
 had pafs'd unregarded by the Gothick Kings, the Em- 
 perors, and the Kings of Lomhardy ; lo that the Ele- 
 d:ion remain'd ftill in the Monks only, with tlie Super- 
 intendency of the Bifhop. 
 
 jl) That vvh.\c\\ Mcvculf caXh -, las -nuncupantes illas, quas aut 
 
 Mv.nus Regiu?n is notliing but munere re'^ia, aut de alode Pa- 
 
 a Fief, .'iccoruing to Monl. reutuin njcl undecunque ud pra-fens 
 
 Bignon. Ucdit igitur 'vir Hit per tcnere <videt:ir. Lib. i . formula 
 
 maau nojira conyigi fua, illi w7- i 2. 
 
 D BuE 
 
34 0/" Ec C L E SIA ST I C A l> 
 
 But the Bifhops being become uneafy to the Mo- 
 nafteries, by their afpiring to too much Power, the 
 Abbots and Monks, to deliver themfelves from this 
 Subjedtion, betook themlelves to the Pope •, befeech- 
 ing him to exempt them from the Bifhops Jurif- 
 diclion, and to take them into his immediate Fro- 
 teftion. 
 
 This was gladly embrac'd by the Popes, who 
 fiw their Interells, in creating, by this means, an 
 immediate Dependance on themfelves, in Cities be- 
 longing to other Governments •, and in^enlarging 
 their Authority over the Bifliops. Befides that it 
 imported extreamly, that fo great a Body as that of 
 the Monks, who in thofe times were almoft the only 
 Perfbns, who addicted themfelves to Learning, 
 iliould depend intirely on the See of Ro7}ie. And 
 this Exemption quickly extended itfelf to all the 
 Monafteries, which by this means became more 
 clofcly united to that Sec, and feparated from the 
 Bifhops (i). 
 
 CHAP. 
 
 {2) The Abbots, faith Fr?i. 
 Prioio- lib. 2. Council of T> lilt, 
 refolv'd to withdraw themfelves 
 from the Obedience of the Bi- 
 fhops, befeeching the Popes to 
 take them under the Pro- 
 tedlion of St. Peter, fo as to be 
 under no Authority but that of 
 the holy See : VViio gladly re- 
 ceived them, as it turn'd mucli 
 to its interell, feeing it is al- 
 ways theirs who obtain Privi- 
 leges, to fupport his Authority 
 who grants them. St. Bernard 
 detefting this Innovation, re- 
 monitrates to Pope Eugene III. 
 the great Abufe of an Abbot's 
 refafmg to obey his Bifhop, and 
 
 the Billiop his Metropolitan.: 
 That the Church Militant ought 
 to govern it feif after the Exam- 
 ple of the Church Triumphant, 
 where an Angel never faith, I 
 will not fubmit to an Archangel : 
 But what would this Saint have 
 faid, had he liv'd in one of the 
 iollowing Ages ? St. Bernard, 
 faith Mizeray, tho' a Monk, and 
 moll zealous for the holy See, 
 loudly condemns thefe Exemp- 
 tions. For, faith he, to ex- 
 empt Abbots from the Jurif- 
 diftion of Bilhops, what is it 
 other, than to command them 
 to rebel ? And is it not as nicn- 
 Itrous a Deformity in the Sody 
 
 of 
 
Benefices /^;/<^ Re VENUES. 35 
 
 of the Church, to unite imme- 
 diately a Chapter or an Abbey 
 to the holy See, as in a human 
 Body to join a Finger to a Head ? 
 But it ib obfervablc by the way. 
 That the Exemption from tem- 
 poral Rights, which the Bifl;opt 
 themfelves had granted them, 
 opened the Door to this Spiri- 
 tual Exemption. 
 
 Tune tibi licitum cenfcas fuis 
 Ecclefias mutilare membris, con- 
 fundere ordinem, perturbare ter- 
 minos, quos pofuerunt patres 
 
 tui ? Mondrum facis, fi 
 
 manui digitum fubmovens iacis 
 pendere de capite, fuperiorem 
 manui, brachio coilatercm. 
 Tale eft, fi in Chrilli corpore 
 
 membra aliter locas, quam dif- 
 
 poiuit ipfc' Sicut Seraphim & 
 
 Cherubim, ac cseteri quiquc uique 
 ad Angelos, & Archangelos, or- 
 uinantur lub uno capite, Deo : 
 [ta hie quoque fub uno fummo 
 Pontifice Primates, vel Patri- 
 archs, Archiepifcopi, Epifcopi, 
 Presbyteri, vel Abbates, & re- 
 
 liviul in hunc modum Quod 
 
 (1 dicat Epifcopus, nolo efTe iub 
 Archicpifcopo : Aut Abbas, nolo 
 obedire Epifcopo, hoc de Ccelo 
 non eft : Nifi tu forte Angelo- 
 rum quempiam dicentcm au- 
 difli I Nolo fub Archangelis 
 efte, &c. De confiderat. lib. 34 
 cap. 4. 
 
 CHAP. XI. 
 
 N France^ the Bifhops g;ive themfelves up intlre- 
 ly to fecular Cares : And feeing thofe who were 
 made by the King had no reftraint on their Beha- 
 viour, it was lefs to be expecled the others flioukl 
 have any, wiio were made by the Mayors of the Pa- 
 lace, when the Royal Authority was fo much de- 
 clin*d. The Abbots too had their Avocations from 
 the Fundions they were at firft defign'd to ; fur- 
 nifliing the King with Soldiers, and going themfelves 
 in perfon to the Wars *, but not to do the Duty of 
 Minifters of Christ, but to draw their Swords in 
 the Field (i). 
 
 (l) The Ufe of Arms n\:as for- 
 bid bv the Chap. 61. lib. 6. of 
 the Capitulars. Si quis Epifco- 
 pu.>, Presbyter, Diaconas, vel 
 Sub-iiaconus, ad belluin pro- 
 
 ceflerit, & arma bcllica indutua 
 fucrit ad belligerendum ab omni 
 officio deponatur, in tantum ut 
 ncc Laicam Ccmmunionem ha- 
 beat. 
 
 D 2 ^ This 
 
36 
 
 0/E 
 
 CCLESIASTICAL 
 
 This furnifh'd them with an Occafion to take all 
 to themielves, inftead of being contented with the 
 Fourth Part ; fo in this Military Capacity they 
 plunder'd the poor Priefts who adminirter'd the 
 Word of G O D and Sacraments to the People, and 
 had nothing left to maintain them : And this oblig'd 
 the People, every Man according to his Zeal, and 
 his Devotion, to contribute to their Maintenance out 
 of his own Eftate. 
 
 But the difference betwixt the Liberality of Con- 
 tributions in one place and another, occafioning 
 fometimes great Complaints, the Queftion grew. 
 What was the reafonable Part for the Curate ? 
 And the receiv'd Opinion of thofe times was, That 
 it ought to be determin'd by the Divine Law in the 
 Old Tefbament, which gave him the Tenth. And 
 feeing GOD had enjoin'd this to the Jewijh Na- 
 tion {a\ it was eafy to reprefent it as due alfo un- 
 der the Evangelick Law ; tho' our Saviour Jesus 
 Christ, and St. Pauh are filent in it, flirther than 
 to fay. That the People ought to make a neceffary 
 Provifion for the Minifter (/*), and that he who la- 
 bours is worthy of his Hire {c) ; and that thofe who 
 ferve at the Altar ought to live by it {d) : But without 
 prefcribing any fix'd Proportion, becaufe in fome cafes 
 the Tenth Part would be too little, and in others the 
 joorh pLirc\vould be fufHcient. 
 
 But as this is a thing in itfelf fo evident, and I 
 fliall have occafion to refume the Subjeft, and treat 
 
 [(i) Decimas tuas non tarda- {c) Bignus eft operarlus cibo 
 
 bis redo.ere, Exod. 22. Offere- 
 tis Decimas, & primitias ma- 
 nuv.m veilrarum, Deut. 12. 
 
 [h] Digiius elt operarius mer- 
 cede fua, Luc. lo. ^ i TV;,*;. 5. 
 
 fuo, Mattb, 10. 
 
 (</) Qui altari deferviunt, 
 cum Altari participant. ■ 
 Dominus ordinavit eis, qui E- 
 vangelium annunciant, de Evan- 
 geiio vivere. i Cor. 9. 
 
 It 
 
Benefices and Revenues. 37 
 
 it more at large hereafter, I wilJ leave ic now \ only 
 with this Obrervation, that all the Sermons of thofe 
 times, and for fome Ages after, without touching 
 on Matters of Faith, were all pointed to prove the 
 Obligation of paying Tythes ^2) •, which the Ne- 
 cefruies, and Interefts of the Curates or Minifters, 
 induc'd them to amplify and enforce with all their 
 Eloquence : This, as it happens fometimes to Ora- 
 tors, carry'd them fo far, as to place all Chriilian 
 Perfection in that one Merit of paying Tythes : And 
 not contented with Predial Tythes, they began to 
 claim perfonal alfo j that is to iliy, the Tythe of 
 every Man's Trade and Induflry, not excepting even 
 that of hunting, and the Soldiers Pay^ 
 
 As many of thefe Sermons are extant without the 
 Authors Names, fome of them, through miftake 
 ,or defign, have been attributed to St. Augujline^ and 
 other ancient "Writers. But befidcs that the Stile 
 difcovers that they have been made about the Year 
 800 (3J5 Hiftory puts it out of all doubt, that there 
 
 never 
 
 [?.) A Preacher in the time 
 of Charleinaign inform'd his 
 Audience, That they ought not 
 only to pay Tythes to the Friells, 
 but to cany them to their Hoa- 
 (es. 
 
 Nee debetis expeftare ut Pref- 
 byteri & Clerici alii decimas 
 vobis requirant, led cum bona 
 voluntate vos ipfi line aJraorii- 
 tione debetis donarc, & ad do- 
 mum Presbyteri ducere. 
 
 In the Appendix to the Ca- 
 pitulars, p. 1376. Tee lib. 6. of 
 thefe Capitulars, chap. 1 92. where 
 the Priells are enjoin'd to preach 
 to this purpofe. Againil whicli 
 
 Abufe Ahuinus inveighs in one 
 of his Letters. 
 
 Tu vero, faith he, frater di- 
 ledle, fili charilhme, perge in 
 opera Dei, & eilo Prxlicator 
 veritatis, non Dccimarum ex- 
 ador; quia Novella Anima A- 
 poltolicce Pietatis Lade nutri- 
 enda ell, donee crcfcat, conva- 
 lefcat & roboretur ad acceptio- 
 nem folidi cibi. Q^iid imponcn- 
 dum eil Jugutn cervi-cibus Idio- 
 tarum, quod neque nos neq'ie fia- 
 trcs notlri fuff'errs potuerunt ? 
 Ep. 7. apud Mabilhn, torn. 4. 
 Analeilorum, p. 279. 
 
 (3) Cardinal F^rn?* faith, That 
 P 3 thefe 
 
38 0/* Ecclesiastical 
 
 never were any Tythes paid either in Africk or in the 
 Eaft, arid that rhey owr their Original to France (4), 
 as hath been before obferved. 
 
 thefc Pieces were forg'd by the 
 Monks in the time of Charle- 
 tncign, becaufe they liv'd molt 
 at "that time by tranfcribmg 
 Books. P erron: ana . 
 
 (4) '^ihe Council of Mafcon, 
 Anno 585, proceeded to excommu- 
 nicate thofe ivho paid not 7ythes. 
 Statuimus, & decemimus, ut 
 mos antiquus a fidelibus repare- 
 tur, & decimas EcckliaiHcis fa- 
 
 mulantibus populus cmnis in- 
 ferat, quas facerdotes aut in pau- 
 perum uii-.m, aut in Captivorum 
 redemptionemerogan'^es fuis ora- 
 tionibus pacem popiuo-.c falutem 
 impetrent. Siquis auteni con- 
 tumax noftris fcatutis lalubcrri- 
 mis fuerit, a membrij aicclefiac 
 omni tempore feparetur. Can. 
 5. infitie. 
 
 CHAP. XIL 
 
 Come now to Ital)\ where for many Ages none 
 ___ was ordain'd to the Priefthood, who had not ac 
 ihe fame time fome particular Cure affign'd him, un- 
 lefs in the cafe of fome eminent Man for Piety and 
 Learning, who would not accept the Care of any 
 Pariih at his Ordination, that might divert him from 
 his facred Studies. St. Je'^om and St. Paulinus were 
 thus ordain'd Priefts, one at Antloch^ the other at 
 Bcircclona {a)\ and excepc on this occafion, Anti- 
 quity knew no diilindion betwixt Ordination and a 
 Benefice, which was always afTign'd him, and which 
 gave a Right to be entertain'd out of the Common- 
 Stock of the Church. 
 
 (fl) Ea conditione in Barcino- 
 nenn Ecckfia confecrari add ac- 
 tus lUni, ut ipfi Ecclefix non al- 
 ligarer in lacerdotium tantum 
 
 Domini, non etiam in locum. Ec- 
 clefiae dedicatus. Paidin. Ep. i . 
 ad Se-uenufiy Num. lo. 
 
 But 
 
Benefices ajtd Revenues. 39 
 
 But when Church-men of Merit happen'd, by the 
 Calamities of War, to be driven from their Miniftry, 
 and receiv'd into other Churches, where they were 
 maintain'd out of the common Purfe, in the fLime 
 manner wirh the Clergy of the place •, as any Va- 
 cancy happcn'd, by Death or othcrwife, it was fill'd 
 by fome one of the ftrange Clergy, who being thus 
 provided for, was call'd Incardinalu5{i) \ and he who 
 IteppM into a Miniftry, having had none before, was 
 caird Ordinatus. 
 
 This Ufage began in Italy before the Year 600, 
 whtn many Bifhops and other Clergymen were 
 plunder'd, and driven from their Cures, by the Ra- 
 vages of the Lombards,) and were thus replac'd irt 
 other Churches, as Minifteries became vacant. The 
 Bifhops were call'd Epifcopi Cardinales (b), and the 
 Priefts Presbylerl CardmaUs [c). 
 
 Now 
 
 (1) That is, fpeaking ftriaiy, 
 ndmitted into a Society, tranl- 
 ferr'd, or tranfplanted. 
 
 {b) Et temporis neceflitas nos 
 perurgct, & imminutio exigit 
 Pcrfonaium, ut deilitutre Ec- 
 clefiae veftrx falubri debeamus 
 difpoiitione fuccurrere ; & ideo 
 fecundum defiderium vellrum 
 fratrem& Co-epifcopum noilrum 
 ilium, cujus Ecclefia ell ah 
 hollibus occupata, Cardinalem 
 veftrce Ecclefise, ficut petiillis, 
 conftituimns facerdotem, qua- 
 tenus vos de propitio, &ordinar.- 
 do, & vigilando, Iblicite llu- 
 deat gubernare, cui dedimus in 
 mandatis, ne unquam ordina- 
 tiones prxfumat illicitas. Lil'cr 
 Diurnus fumfn. Pontif. Tit. i i ■ 
 cap. 3. 
 
 D 
 
 (i) Hcec vox, faith Onuphri- 
 us Panvinius, /« his Interpreta- 
 tion of Ecclefiafical hiatnes, ell 
 frequens in Regillro D. Gre- 
 gorii, & Epiftolis Pontificum 
 Roman. Decretalibus, quibus 
 is Cardinalis dicitur Presbyter 
 vel Diaconus, qui certx alicui 
 Ecclefix, vel Diaconix proprius 
 Sc ad ccrti alicujus tituli iive Ec- 
 clefias minifterium ordinatus, in- 
 fertus, annexus, & ut ipfe loqui- 
 tur incardinatus ell. Nam S. 
 Gregorio idem ell, Cardinalem 
 conltituere in aliquo titulo, vel 
 Ecclefia, quod incardinare ali- 
 cui Ecciefise, vel in aiiqua Ec- 
 clefia cardinare. Idem etiam 
 de Epiii;opis dicit quod de fiia 
 Ecclelia ad aliam necefiltatis cauia 
 tranfiatos, Epilcopos quidem Ec- 
 4 clefiic 
 
40 Of Ecclesiastical 
 
 Now, the greateft part of thofe who were fo dri^ 
 ven from their own Churches, betaking themfelves 
 to thofe of Rome and Ravenna^ which were the 
 richeft, and had the mofl employments in the Mi- 
 niftery to give, and thefe flrangers finding a wel- 
 come Reception there, both in regard of the abun- 
 dance in thofe Churches, and of the great concourfe 
 it drew to them of the moft eminent perfons of ail 
 kinds (which we fee continu'd to this day) it rarely 
 happen'd, that any of their own People were or- 
 dain'd, but commonly ftrangers : And this was the 
 reafon, why in thefe two Churches, all who had 
 any Miniftry, were c.iU'd Cardinales : A Name which 
 ftill remains in the Church of Ro7?ie, but not in that 
 of Ravenna ; which P^z/// III. abrogated in the Year 
 
 Thus the Name of Cardinal, which firft deriv'd it 
 fcU fiom a very low and abjeft condition, is, by a 
 Change of Signification, become a Title fo elevated, 
 that Cardin.tis are now laid to be, ^^aji Cardines om- 
 jiium tcrrarum {l) : And that which ac firil was no 
 
 Degree 
 
 ciefias fuoe, illius vero ad qaam 
 tranilati iant, lacerdotes live Pon- 
 tifices Cardinales vocat. 
 
 Where is to beobfervM, That 
 by the Phrafe incardinare all- 
 qncm, St. Gregory means fonie- 
 tirncs, To make a Biiliop. 
 
 Machiazcl gives the following 
 Account ot the Original of Car- 
 dinals. Under the Pontificate 
 o^ Pafc. I. iaith he, the Curates 
 of Rome look upon them the 
 Pompous Title cf Cardinals, as 
 an addition to the Honour of 
 being the nearell Minifters to 
 the Pope's Perfon, and of having 
 a fhaie in his Eieftion ; And 
 
 their Authority encreafed to that 
 degree, cfpecially after they had 
 defeated tne People of Ro/ne of 
 tlic Right of electing the Pope, 
 that tiie Pontificate almoll: always 
 fell upon one of them. Lib. i . 
 Hiji. of Florence. 
 
 (2) That is to fay, The 
 Hinges or Axis on which the 
 Governnient of the univerfal 
 Church turns. And according- 
 ly the Council of Bafil e.xpref- 
 fes itfelf, t'iz. Cum fummo Pon- 
 tifici S. R. E. Cardinales in di- 
 rigenda Chrifliana Republica 
 Collaterales affiitant, necelTe eft, 
 
 ut 
 
Benefices and Revenues. 41 
 
 Degree nor Order in the Church, but introduc'd by 
 meer Accidents of calamity, is exalted to that pitch 
 of human Grandeur and Dignity, which we fee it in 
 poiTe/Tion of at this day. 
 
 But whoever will look into the mofl celebrated 
 Councils held at Rome^ will find that the Cardinal 
 Roman Priefts, in their publick Writings, have al- 
 ways figned under the Italian Bifhops •, and that 
 even in After-Times, no Biihop was made a Cardinal- 
 Prieft. 
 
 The firftBiiliops who were made Cardinals, were 
 Peifons of Note, who had been driven from their 
 Church's \ for inftance, Conrade Biihop of Menlz, 
 who having been created as a Rebel by the Emperor 
 Frederick I. was receiv'd with open Arms by Pope 
 Alexand'.r Ilf. and made Cardinal of St. Sahin. \\\ 
 thofe days, and until the time of Pope Innocent IV. 
 the Cardinals wore no Habit, nor any Mark of Di- 
 ftincftion. He gave them the Red-Hat on Chriftmas- 
 Eve (3) in the Year 1244. And Paul II. added the 
 Red-Cap (4) to be worn by all the Cardinals, excep: 
 fuch as were Monks or Regulars •, yet to thefe alfo 
 it hath been granted fince by Gregory XIV. 
 
 ut tales inftituantur, qui ficut 
 nomine ita re ipfa Cardines Tint, 
 fuper quos oftia univerfalis ver- 
 fentur & fuftententur Ecclefia;. 
 
 Sicut per Cardinem v^ohitur 
 odium Domus, faith Eug. IV. 
 ita luper hos fedes ApoftoHca 
 totius Ecclefiae oftiuni quiefcit Sc 
 fultentatur. 
 
 (3) Hie in vigilia natalis Do- 
 mini 1 244. Lugduni in Con- 
 cilio generali 1 2 Cardinalibus 
 viris excellentifilmis creatis, ejus 
 ordinis hominibus proprium in- 
 figne, pileum lubrum dedit 
 
 quo fignificabatur cos etiam ca- 
 put fuum, fl opus eflet, pro Ec- 
 clefiaftica Libertate tuenda g!a- 
 dio oiFerre debere, Sc prajfertim 
 eo tempore quo Romana Ecclefia 
 a FredericoII.Imp. vehementer 
 oppugnabatur. 
 
 0/iuphr. Pan'vin. annot. ad 
 'vit. In HOC. 4. 
 
 (4) And alio Houfings or Horfe - 
 clothes of Scarlet, when they 
 rode on horfeback. ^libus ctia?ny 
 faith Platina, in this Pope's Life, 
 pannum cocclnei coloris, dono dedit, 
 quo Eqiios, 'vel Miilas jiernerent 
 dum eqidtant. 
 
 We 
 
CLESIASTICAL 
 
 42 Of Ef'c 
 
 We have thought a ihort Deduclion of this fplen- 
 did Order, from the Original, neceffary in this 
 place, as it concerns fo eminent a Dignity, which 
 at this day holds the fecond pLice in the Church, 
 and for which, the World feems not to aiicrd Titles 
 pompous enough (5). \Urhan VIII. who reigns at 
 prefent, gave them the Title of Eminence^ by a fo- 
 iemn Bull (6).] 
 
 {5) That we may have every 
 thing before us upon this Sub- 
 ieft, what Mcz.eray fays of Car- 
 dinals feems to merit a place in 
 our Obfervations. * In the Life 
 ' of Phil. Jugujius, faith he, 
 
 * the Affiitance of fo many Men, 
 
 * chofen out of all Degrees, in 
 
 * the Wellern Church, which 
 
 * fupply'd the facred College, 
 
 * contributed not a little to fup- 
 
 * port the Popes under the Bur- 
 
 * den of their Affairs, and to 
 
 * encreafe their Authority in 
 
 ' the moft diilant Countries ; 
 ♦ but being thus aggrandiz'd by 
 ' their means, they delivered 
 *■ themfeives from their Depen- 
 ' dance. ' 
 
 (6) Thefe lafl: Words have 
 been added to the Original, in 
 the Italiaii, either by the Co- 
 piers or the Printers, who pro- 
 bably have miftaken a Marginal 
 Note for Part of the Text : For 
 Fra. Paolo was dead before Ur- 
 ban VIII. obtam'd the Chair. 
 
 CHAP. XIIL 
 
 FROM the firft EftabliHiment of the Church, 
 until near the Year 500, every Pried, as we have 
 already fhewn, was ordain'd to fome particular Cure 
 or Miniftry, and liv'd upon the common Stock : 
 And after Benefices came in ufe, no perfon was ordain'd, 
 without a Defignation to fome particular Benefice for 
 his Maintenance, 
 
 But in procefs of time, it became the Pra6lice,^ 
 That if any Man well qualify'd for the MiniPiry 
 happen'd to appear, tho' there were no room, nor 
 Benefice vacant, the Bifliop, for fear oflofing him, 
 
 thought 
 
Benefices and Revenues. 43 
 
 thought fit to ordain him without Office or Tick, 
 and confeqnenrly without Benefice, in expcdlation 
 of one becoming vacant. And thefe Supernumeraries 
 without Title, were Co-adjutors to thofe who had 
 Benefices ; who, for their "Service, allow'd them a 
 Subfiftcnce. 
 
 But in time alfo this fort of Clergy, without Be- 
 nefices, encreafing to an exceflive Number, and the 
 Beneficiaries growing weary of their Charity towards 
 them, it produc'd a multitude of Scandals and In- 
 decencies, which it was neceflliry to remedy by Law *, 
 by which, the Biiliops were oblig'd to maintain all 
 the Clergy cheml'elves, whom they fo ordain'd 
 withoar Ti.le (rt). 
 
 This, at the beginning, put fome flop to the 
 Diftcmper: which, tho* often fupprefs'd for a while, 
 as often return'd ; for which there were two appa- 
 rent Caufcs: One was a prevailing Defire among the 
 People in thofe days, of getting into Orders, that 
 they might enjoy the Privilege of Exemptions, and 
 withdraw themfelves from the Jurifdi^lion of Princes : 
 Che other was, an afpiring in Prc^lates to Dominion, 
 by encreafing the Number of their Subjeds, Nor 
 have yet thefe Diforders met with fuch a Remedy, 
 but that frequent Indecencies dill happen in many 
 Kingdoms, to the great diminution of the People's 
 Refpeft for Religion. 
 
 {a) Epifcopus fi aliquem fine 
 certo titulo de quo neceflaria 
 vitge percipiat, in Diaconum c^c 
 Presbyterumordinaverit, tarn diu 
 ei necefTaria fubminillret, donee 
 in aliqua Ecclefia ei convenien- 
 tia ftipendia Militise clericalis 
 aflignet. Nifi talis ordinatus de 
 
 fua paterna harreditate, vel alia 
 honeitacis caufa fubfidium poirit 
 habere. 
 
 This Canon was made by 
 the Council of Lateran, under 
 Alcxa7ider III. and is to be 
 found in the 4th Chap, Extra de 
 Prcshendis. 
 
 CHAP. 
 
44 ^f Ecclesiastical 
 
 CHAP. XIV. 
 
 N Either hath the Epifcopal Order itfelf efcap'd 
 this Abufe, fince Bifliops v^ere begun to be 
 made only Titular, and by derifion call'd Nulla- 
 tenentes (i). Yet it cannot be faid but feme more 
 Ceremony is ufed in making thefe, than in the cafe 
 of other Priefts without Benefices. For tho' Priefts 
 and Deacons, and other inferior Minitlers are or- 
 dain'd without any Cure aflign'd them, either real 
 or nominal, there is no Inftance of a Biihop being 
 ordain'd without a Diocefs aflign'd him, from which 
 he takes his Title, tho* it be in Partibus Infideliuvi. 
 "But in that cafe having no Chriftian in his Diocefs, 
 and only a Name without a People, he lives by fer- 
 ving fome great Bifhop, who cannot attend the E- 
 pifcopal Funftions, or thinks them too inferior for 
 him to officiate in perfon. And thefe Titular Bi- 
 fliops, before the Council of 'Trent ^ were in great 
 abundance, tho' now their number is very much 
 reduc'd. 
 
 (i) That is to fay, Holding 
 fiofbi/i^T. A Spanijh Bifhop main- 
 taiiiM in the Council of Trent, 
 That a Bifhoprick neceffarily re- 
 quii'd a Dioceis ; that a Billiop 
 and his Church arc Co-relatives 
 like Man and Wife ; That no 
 Footftep can be found in all An- 
 tiquity, where Bifhops who quit- 
 ted their Bilhopricks, or were 
 depriv'd of them, ever pafs'd 
 afterwards for fuch, any more 
 than a Man, who hath loll his 
 Wife, for a Husband. 
 
 An Italian Bifhop reply'd, 
 That the Titular Biftiops having 
 
 only the Power and Vertae of 
 Order in them, their having a 
 Church was not neceffary : I'hat 
 if in former Times no Bifhop 
 was ordain'd without having a 
 Church aflign'd him, it was be- 
 caufe neither Priell nor Deacon 
 was then ordain'd without a 
 Title : That fincc that time, it 
 had been found for the Service 
 of G OD and the Church, that 
 •.here {hould be Priells without 
 Titles; and confequently Bifhops 
 without a Diocels. Fra. Paolc, 
 lib. 8. Cone. Trent. 
 
 Indeed 
 
Benefices and Revenues. 45 
 
 Indeed feeing the Jefuits have ftarted a Queftion, 
 "Whether the Pope hath power to ordain Bifhops 
 without any Title at all, real or nominal, and that 
 they have been pleas'd to decide it in his favour, 
 we think it is befi: anfwer'd by a Prayer, That 
 GOD would pleafe never to fuffer fuch Power to 
 be put in pradice, left the Reverence for this Order 
 alfo be loft, which had been in general preferv'd, 
 and with the higheft Obfervance towards all Eccle- 
 fiaftical Orders, while no man was ordain'd that 
 had not a particular Miniftry afllgn'd him : And it 
 had this effeft, that every man was refident, fince 
 none could be found to fpare, to officiate for ano- 
 ther. 
 
 As the Abufe of Non-refidence was then utterly un- 
 known, fo alfo was the Diftindiion betwixt Benefices, 
 which oblige to Refidence •, and thofe Vv'hich do not. 
 And were the Benefice rich or poor, or the Bufinefs of 
 it great or little, the Incumbent could no way avoid, 
 ferving in perfon. 
 
 But after they began to ordain without Titles, thofe 
 who had Titles were from hence fupply'd with Cu- 
 rates for fmall Salaries, which afforded the Titulars a 
 convenient Leifure to follow other Bufinefs. Accor- 
 dingly the Bifhops in France, and even the Parifli- 
 Priefts, fubftituting fome poor Priefts in their room, 
 pafs.*d much of their time at Court. 
 
 A little before the Year 800, this Abufe began to 
 be remedy'd, not by Laws or Ordinances, but by 
 Cenfures and Deprivations ; which Seventies fcrv'd 
 to keep the Beneficiaries in fome order. Yet the 
 fplitting of Benefices, Ordination without Titles, 
 and Regulations for Refidence, could nor, in the 
 progrefs of thefe Inftitutions, through fo many- 
 different Places, pafs without fome Variations in the 
 Pradice. Nor were they avoidable even in the fame 
 Church fometimes, from the different Views and 
 
 Defigns 
 
46 Of Ecclesiastical 
 
 Defigns of lucceeding Biihops, or the different Orders 
 and Provifions made from time to time by Princes, to 
 obviate the Diforders arifing from the Wilfulnefs of 
 feme Churchmen, too bufy or enterprizing ; or the 
 Refentment of fome Laymen, who could not, with 
 patience, bear to be excluded from the Management 
 of Ecclefiaftical Affliirs. 
 
 CHAP. XV. 
 
 THings were in this continual Fkiduation until 
 the time of Charlema'ign^ vvho having brought 
 7/rt/v, France., and Gertnany under his Subjedion, made 
 Reformations in the Afniirs of the Church, by redu- 
 cing the different Inftitutions he found in diff'erent 
 Places, to one eftablifli'd Form ; by reviving many 
 of the old Synodical Canons that were grown obio- 
 lete ; and by making feveral Ecclefiaftical Laws con- 
 cerning the Diftributions of Benefices, according to the 
 Exigency of the Times. 
 
 He reftor'd in part to the Parifh-Prieftsor Curates, 
 the Eftates which (as we have already fhewn; the Bi- 
 fliops had taken to themfelves ; ordering, that every 
 Curate lliould have a Share afTign'd him of the Reve- 
 nue or Fund call'd, the Manfo. (i) 
 
 At this time the Cuflom of paying Tythes to the 
 Parifli-Church, which had been long eftablifh'd in 
 France, pafs'd into Italy. Only Charlemaign added, 
 That the Bifliop, as Super- Intendant and Paftor- 
 
 (l) That is to fay, All that 
 is necefiary for Subfiitence. As 
 St. Cyprian obferves in the Life 
 of Crrfarius of Aries ; Donee 
 omncs ab ipfi ejfent red(fiipti) eo 
 
 argento, quo At'.tccejfor ejus Eonius 
 Ecclefta Menfa reliquerat. In 
 Feodal Matters, we yet ufe the 
 Word lakle. 
 
 General, 
 
Benefices ^W Revenues. 47 
 
 General, might regulate the Diftribucion of Tythes (a) 
 according to his Difcretion. 
 
 And therefore in pi?.ces of Plenty, and where the 
 Tythes were large, the Bifhops diftributcd them fe- 
 veral ways : One part they took to themfelves, ano- 
 ther they adign'd ro the Priefts of their Cathedral h 
 and fome part alfo to tht Monalleries, on condition 
 they flioald appoint a Vicar in the Cure, allowing him 
 a convenient Stipend. 
 
 Befides this Appointment of the Bifhops, fome- 
 times the Non- Parochial Churches took to themfelves 
 fome other part, which in time they came to defend 
 by Prefcription. And Princes alfo affign'd Tythes 
 to Churches, for which they had fome particular 
 Devotion. 
 
 Charlemaign likewife reftor'd to the Cities, the 
 Liberty of ekfling their own BiHiops, allowing the 
 Clergy and the People to prefent fome one out of 
 their own Diocefs •, who, when approv'd by the 
 Prince, and inverted by receiving the Croficr and 
 the Ring, was confecrated by the neighbouring Bi- 
 lliops. 
 
 This Emperor reftor'd likewife to the Monk?, 
 the Liberty of Elecfling their Abbots (b). He or- 
 der*d farther. That Bifliops fhould ordain fuch for 
 Priefts, as fliould be prefented to them by the Pa- 
 ri fhioners. 
 
 [a] Ut Dccimx in poteftate 
 Epifcopi fint, quaiiier a Presby- 
 teris difpenfentur, Ca^i. 143. 
 Uh. I. Capitular. 
 
 [b) Monachoriim fiquidem 
 cauiam qualitcr Deo opitulante 
 ex parte difpofuerimus, & quo- 
 modo ex le ipfis fibi eligendl 
 
 licentiam deJerimus, &r qnali- 
 tcT quiete vivcre, propofitumque 
 indefeffi cuilodire valerent, or- 
 dinaverimus, in alia fchedula 
 diligentcr adnotari fccimu?, &; 
 ut apud lucccflbres nollroa ra- 
 tum foret, & inviolabiliter cou- 
 fervareturj confirmavimus. 
 
 Finallv 
 
4S O/'ECCLESIASTICAL 
 
 Finally, he eftablifh'd the Election of the Pope in 
 the fame Method that had been pradis'd in the 
 times when the Emperors of the Eaft reign'd in 
 Rome •, which was, That the Clergy and People 
 fliould eled:, and the Decree of the Election fiiould 
 be fent to the Emperor, which if confirm'd by him 
 (c)^ the Eleft was to be confecrated. 
 
 True it is indeed, that after the Death of C^^nV- 
 ma'ign^ the Weaknefs of his Pofterity either in Power 
 or Underftanding, gave advantage to the Popes, 
 who were chofcn by the People, to make themfelves 
 be confecrated without flaying for the Emperor's 
 Confirmation : So Pafcal dealt with Lewis the Son of 
 the Emperor Charles^ tho' he afterwards fent to ex- 
 cufe it, pretending he was compeli'd by the People to 
 comply. 
 
 (r) See here the Oath, which 
 the Clergy and the People of 
 Rojne took to Leivis the Debo- 
 nair, and to Lotbarhis his Son, 
 Atino, 824. 
 
 Promitto ego ille per Deum 
 omnipotentem, & per ilia qua- 
 tuor Evangelia, h per hanc 
 crucem Domini noftri Jefu Chri- 
 iti, & per corpus bcatiflimi Pe- 
 tri, Principis Apollolorum, quod 
 ab hac die in futmum fidelis ero 
 Dominis noftris Imperatoribus 
 Ludovico & Lothario diebiis 
 vitse mese, juxta vires & intel- 
 leftum meum, fine traude ac 
 malo ingenio, falva fide, quam 
 rcpromifi Domino Apoftolico ; 
 & quod non confentiam, ut ali- 
 ter in hac fede Romana fiat E- 
 ledlio Pontificis, nifi canonice h 
 jufte, fecundum vires & intel- 
 iedtum Jiicum ; & ille qui eled^us 
 
 fuerit, me confentiente, confe- 
 cratus Pontifex non fiat, priuf- 
 quam tale facramentum faciat in 
 prjefentia Miffi Dominici Tm- 
 peratoris, & populi cum Jura- 
 mento, quale Dominus Euge- 
 nius Papa fponte pro conferva- 
 tione omnium faftum habet per 
 icriptum. To mo i. Capital, pag. 
 647. I'ide Tbega?!, ad annum 827. 
 Pcrduravit hsc conluetudo, 
 [faith Onuphrius) ufque ad Ce- 
 nediflum II. cujus fanftitate 
 permotus Conftantinus Impera- 
 tor, Heraclii pronepos, edidio 
 fuo juiTit, ut deinc-'ps, quern 
 Clerus, Populufque Rom. Pon- 
 tificem delcgillent, is, nulla 
 amplius Imperatoris confirma- 
 tioae expedata, more vetuftif- 
 fimo ftatim ab Epifcopis ordina- 
 recur. Amot. ad 'vit. Pclagii II. 
 
 Some 
 
Benefices afid Revenues. 49 
 
 Some there are who affirm, that L^w/; renounc'd 
 the Right of confirming the Pope, and alledge for 
 proof, the Canon Ego hudovicus* \ which many o- 
 thers of great Learning, and with great appearance 
 of Reafon, maintain to be a meer Figment (2). But 
 it would be time mifp.'nt to reafon any longer upon 
 it, feeing it is out of all controverfy, that Lotharius 
 and Lewis II. Son and Grandfon of this Emperor, 
 confirmed all the Popes cleded in their times. 
 
 * Diftina. 63. Vide Floriim 
 de Eleitionibus, in line operum 
 Agobardi, cap. 6. faj. 238. & 
 ibi Ealuzium. Vide ctiam 1"he- 
 gan. ad annum 816, i^ 8 1 7. 
 
 (ij VVitneis what Platlna fays 
 in the Anlwer of Lc^m'is the De- 
 bonaire to the Deputies from the 
 Pope ; That the People and Ro- 
 inan Clergy ought not to con- 
 tradift ancient Cuftom, nor the 
 Agreement of their Fathers, and 
 that they fhould take great care 
 for the future, how they offended 
 againli: the Imperial M^jelly. 
 
 Pafchalis nulla interpofita Im- 
 peratoris authoritate Pontifex cre- 
 atur. Hahc ob rem ubi Ponti- 
 ficatum iniii;, Itatim legates ad 
 Ludovicum miht, qui ejus rei 
 culpam, omncm m Clerurn & 
 popukim rejicerent, quod ab his 
 vi coaftus Ponlificum munus 
 obirc. Accepta hac iatisfadione 
 Ludovicus rclpondit, Populo & 
 Clero majorum inilituta, &; pada 
 fcrvanda efie ; caverent ne dc- 
 inceps majellatem Isederent. /// 
 ^'ita Pafchalis I. initio. 
 
 As for the Authors, who have 
 writ, that Lc-vAs the Debonair e 
 had renounc'd the Right of con- 
 fuming the Popes, 'tis an Error 
 
 perhaps wliich might arife from 
 what Platifia reports in the fame 
 Life, which the Library-Keeper 
 A:-apifais, that is, Chancellor 
 of the Holy See, relates. That 
 Lcn,vis granted to Pafchal the 
 fole Power of choofing Bilhopb, 
 to whofe Confecration theCon- 
 icnt of the Emperors was here- 
 tofore necca'ary. 
 
 Idem Bibliothecarlus fcrihit 
 Ludovicum libcram eligendo- 
 rum Epifcoporum potcftatem Paf- 
 chali dedillo, cum antea ea 
 quoque in re Imperatores confu- 
 lercntur : Quam poteflatem ab- 
 Hadriano Pont. Carolo concef- 
 I'am idem Author refert. 
 
 For, admitting that Leivis 
 had rcfign'd back to the Pope 
 the Right of eleding Bilhops, 
 v.hich Pope Hadrian had con- 
 ferral on the Emperor Charles 
 his Father, it doth not follow, 
 tliat he was depriv'd of the 
 Power of confirming the EleiRi- 
 on of the Popes. Add to this, 
 that the Canon E^o Ludo-oicus is 
 in a Stile very different from all 
 the Ads of Charlcmaign and 
 Leivis, and that it is without 
 Date or Seal. 
 
 R In 
 
50 Of Ecclesiastical 
 
 In that Age, and the Times both preceding and 
 following, when it fomeiimes happen*d, that the 
 Abfence of the Prince occafion'd Delay of feveral 
 Months in the Confirmation and Confecration of 
 the Pope -, the Ele6l, however, did not affert his 
 Choice by any Acl of Government, until he v^^ere 
 confirm'd, unlefs fome Emergency made it neceflary, 
 and to fupply a Defeft in the Adminiftration \ as 
 it happen'd in the cafe of St. Gregory : And he was 
 not call'd Epifcopus, but only EleBus : Nor did he 
 even hold the firft place in the Church ; but the 
 Arch-Prieft, who ftil'd himfelf, Servans Locum fancies ' 
 fedis ApoJlolkcB. 
 
 But after that Princes were excluded out of the 
 Election, as (hall be fliewn in its proper place, there 
 was but a I'mall Interval of Time betwixt Eledtion 
 and Confecration. However, it was not faid that the 
 Popedom was conferr*d by Eledion only, but by 
 Confecration alfo ; fo that if the Eleft came to die 
 before Confecration, he was not placed in the Cata- 
 logues of Popes. Of which one Stephen^ elefled in 
 the Year 752, after the Death of Zacharias, is an 
 Inftance, who, for not having been confecrated, was 
 never reckon'd in the number {d). 
 
 By what appears, Nicbclcis II. was the firft Pope 
 who decreed, in the Year 1059, That if at any time 
 the Pope, through the Calamities of War, or other 
 Effeft of Malignity and Perverfenefs, could not be 
 crown'd, he fliould neverthelefs exercife his Autho- 
 rity, as the true and lawful Pope, in governing the 
 
 {J) Licet defundlo Zacharia, 
 (faitb Flatina, in the Life of Pope 
 Scephen IL) Stephanum qiien- 
 dam Presbytcrum Roman. Pon- 
 tificem Fopulus ftatiin creafl"c;t, 
 
 qui tertia die Pontificatus fui, 
 dum res domefticas difponere in- 
 cipit, morbo Apoplexiae correp- 
 tasj interiit. 
 
 Roman 
 
Benefices and Revenues. 51 
 
 Roman Church *, and in difpofing the Goods of the 
 holy See. 
 
 However, there are fbme Traces left of the ancient 
 Ufage ; for if the Pope make a Bull before Confecra- 
 tion, he doth not fay, Ponlificatus rojtri anno i, but 
 only, a Die fufcepti a nobis Apoftolatus OJficii ■\. And 
 there want not thofe who maintain, That the Pope, 
 before his Confecration, ought not to flile himfelf 
 E-pifcopus^ but Eleclus -, and tint he hath no Right to 
 ilTue Bulls. Infomuch that this Right being con- 
 lefled with Clement V. he publifh'd a Bull in the 
 Year 1306, to forbid under pain of Excommunica- 
 tion any fuch Qiieflion to be brought into difpute i|. 
 So that it is now a fettled Point againfl the Opinion 
 of all Antiquity, That the Pope receives all his Au- 
 thority from his fole Eledion by the Cardinals. And 
 it was in this View that the Writers of thofe times 
 have, with fome pains and contrivance, inferted 
 this Stephen (3), whom we have lately mention'd, 
 in the Catalogue of Popes : And to finifii their D^- 
 fign, they have therefore given Lhemielves the trou* 
 
 * Tliis Decretal is reported 
 by Gratia)!, dipi. 25. caticn in 
 nomine Domini. 1 . 
 
 f That is, from the Day of 
 our having undertaken the A- 
 poltlefhip. 
 
 li This Decretal is in the 
 Extravagant'^ Commun. Uh. 5. 
 cap. 4. tit. 10. Vide John dc 
 iV'X'ade Beneficio, /»flr/. i- q^iefy 
 2. & Bla'z.. Ortiz. In Itinera,: io 
 Adrian! 6. caf. 7. 
 
 (3) Onuphrius Panvinius, an 
 Author wholly devoted to the 
 Church of Rome, has not rec- 
 kon'd him as fuch, neither in 
 hi; Catalogue., nor Chronicle, of 
 the, Popes, He only mentions 
 
 him in thefe Terms : Antequam 
 tamen Stephatius quidam Prrf- 
 byter a Populo creatus tertia poji 
 die obiit. Jn Catalogo. Where 
 is to be obfervM, that he names 
 Stephen II. immediately after 
 Zacharias ; whereas he Ihould 
 have named the Stephen in que- 
 Ifion before Steph^till. who would 
 have been Stephen III. if the 
 other had been adually Pope, 
 and fo acknowledg'd. This 
 Ihev/s, That at that time to be 
 Ehiips was not all that was 
 neccllary to be Eplfccpus ; and 
 that a Man did not becom« 
 Epifcoput, but by Ccnfecratiora 
 which foilovf'd the Election. 
 
 E 2 ble 
 
5 2 Of Ecclesiastical 
 
 ble to change the Numbers of all the following Ste- 
 fhens that were Popes, calling the fecond, the third -, 
 the third, the fourth •, and fo all the reft confequen- 
 tially to the ninth, v/hich they make the tenth (4), 
 with vaft Confufion and Contradiction among the 
 old and new Writers, who are thus made to give 
 one another the Lye, and only for the Intereft of 
 maintaining this fingle Point*. 
 
 (4) The fame Panvinius in his 
 Notes on the LZ/^c/" Stephen V. 
 explains the matter ; viz. That 
 Stephanus VI. dicendus eflet, 
 non V. quod ante Stephanum 
 ilium, quern Platina fecundum 
 vocat, tuerit Papa Stephanus 
 alter qui triduo tantum vixit : 
 Non enim plus vel minus Vi- 
 vendi ratio aliquem verum Pon- 
 tificem facit, fed vera & legitl- 
 ma comitia, qaibus Stephanum 
 ilium renunciatum effe conltat. 
 
 Ideo y in Stephanis numerorum 
 nota' mutand^, ^ qui aliis ejl 
 2, 3, 4, 5. hie debet {^ 3, 4, 
 5, 6, t^c. ufque ad 10. 
 
 * The Dead have nothing 
 left but Reputation, and to go 
 about to deprive a Writer of his 
 Veracity, is the only way of 
 robbing him. And thus the poor 
 dead Authors were charg'd with 
 a Falfity and Infmcerity, which 
 hath not been fet to rights a- 
 gain in fome Ages. 
 
 CHAP. XVI. 
 
 IT is plain the Government of the Church in its 
 beginning was intirely Dirmocratical, all the Faith- 
 lull having a fliarc in all Deliberations of moment. 
 Thus we rind them all afiifting at the Eleclion of 
 Matthias to the Apoftlefliip fij, and of the fevcn 
 Deacons (2): And when St. Peter had receiv'd the 
 Centurion Cornelius^ who was a Gentile (^), into 
 the number of Believers, he gave an account of it 
 to the whole Church (4). 
 
 (i) Aa. 1. 
 
 (2) Ad. 6. 
 
 (3) Aa. 10. 
 
 (4) Aa. II. 
 
 Thus 
 
Benefices and Revenues. 53 
 
 Thus the famous Council of Jerufahm was com- 
 pos'd of the Apoftlcs, the Prielts, and other Bre- 
 thren in the Faith ; and the Letters which were 
 v/rit from that Aflembly, went in the Name of thofe 
 Three Orders {a). 
 
 But as the Church increas'd in Numbers, the 
 Faithful negle(5ling to afiifl: any longer at tliofe pub- 
 Jick Affemblics, and withdrawing themfelves to the 
 Cares of their own Families, the Government refted 
 foljly in the Minifters of the Church, and lb infen- 
 fibly became Ariftocraiical ; which brought all Af- 
 fairs to have their Determinations by Councils : 
 excepting as to Eledions, which continued Po- 
 pular ftill. The Bifhops of the fame Province af- 
 fembled with their Metropolitan at Itaft twice a 
 Year, and made a Provincial Synod. The Clergy 
 with their Bifhop made a Diocefan Synod. And 
 almoft daily they held an Aflembly, call'd 'The Con- 
 fijiory, in emulation of the Imperial Council of 
 State, and as if they affected to rank themfelves 
 v/ich the Council which carry'd that Name. 
 
 In this Ecclefiaftical Confiftory, which was com- 
 pos'd of all the principal Perfons of the Churches 
 in the City, afTifted by the Bifliop, all the Affairs 
 of the Church were propos'd, debated and determin'd : 
 A Cuftom every where fince abolifh'd, except at 
 Rome^ and there the Shadow of it only remains. 
 But after Benefices were eredted, that the Priefts had 
 their Maintenance apart, they made the Intereft of 
 the Community fo little their Care, that they ceas'd 
 to go any longer to the Confiftory, which thus fell 
 into difufe, and was held no more. 
 
 [a) Tunc placuit Apoftolis k 
 fenioribus, cum omni Ecclcfia 
 mittere Antiochiam viros pii- 
 mos in fratribus, fcribences per 
 manus eorum, Apofloli, & fe- 
 
 niores Fratres, his qui funt An- 
 tiochis; & Syriae, &; Cilicia;, fra- 
 tribus ex gentibus, Salutem. A£l. 
 cap. ij-. 
 
 E 3 To 
 
54 O/'EC CLESI ASTIC AL 
 
 To fuppl/ this Failure, the Bifliops held an Af- 
 fembly of all the Clergy of their Cathedral Church, 
 toaflift in their Councils, or otherwife to adminifter 
 in the Spiritual Gcvernnient. And thefe receiving 
 their Subfiftence out of the common Stock, either by 
 the Year, by the Month, or by the Day, were 
 call'd Carwnici [Canons] from the word Canon^ which 
 ir\ the Weftern Empire fignify'd fuch a Meafure of 
 Corn {'o) as was fufficient to feed a fingle Man, a 
 Family, or a City, And this Inftitution of Canons 
 took rife a little before the Reign of Chnrkmaign, 
 by whom alfo it receiv'd fome Improvement in its 
 Regulation. 
 
 [b] Canon {faith John Cal- 
 vin in his Lexicon) in Confti- 
 turionibus Imperatcriis, anniver- 
 lariam penfitationem, coUa^io- 
 nem, & prasftationcm f.gniticat, 
 qux a Provincialibus quotannis 
 populo vel Romano, vel Con- 
 Itantinopolitano gratis mitteba- 
 tur, Sc fpecicbus his conftabatj 
 frumento, vino, came, oleo, i^c. 
 
 And it is this Canon which 
 CaJJiodore means, and which he 
 commands the Fetietian Tri- 
 jjunes to fend in their Barks 
 to Ra-veniia. 
 
 Data Juffione cenfuimus, ut 
 Iftria vini & olei Tpecies ad Ra- 
 rennatem dirigeret manfionem. 
 
 Sed vos qui numerofa navigia 
 in ejus conrinio polTide.is, pro- 
 v:dete, ut quod ilia parata eft 
 traJere, vos iludeatis lub cele- 
 ri.at.' portare. As for Canons^ 
 Raia avis in terris {faith the 
 Abbot Valuinus) Cancnicu? a 
 Canone vitoe. Unde ergo ? Au- 
 di unde, eft namque Canon vi- 
 tse, & ell: Canon pecuniae, 'uiz. 
 alicujus peniionis certs, unde 
 foletdici, folve Canonem meum. 
 Eja ergo, 6 Canonice ! invenia- 
 mus Canonem tuum a quo de- 
 rivaris, a Canone pecuniae, non 
 vitx, id eil, Canone Regionis, 
 non a Canone Religionis. In ho- 
 milia de Zizania. 
 
 CHAP. 
 
Benefices and Revenues. 55 
 CHAP. XVII. 
 
 IT is yet farther to be obferv'd, that in thofe 
 times the Benefices and Revenues of the Church 
 were grown to that fize, that they became Rewards 
 for the principal Men of the Court and Cities, who 
 were made Bitliops, fo the Bifhopricks fell to their 
 Ihare, to whom alfo the Prince had committed a 
 great part of the civil Government ; at firft only 
 on extraordinary Occafions, but after, finding Af- 
 fairs go well in their hands, they were conftantly 
 employ'd, tho' not every where in the fame Quality 
 or Station, but as the particular Affairs of the Place, 
 the Abilities of the Bifliop, or fometimes the Inca- 
 pacity of the Earl or Comes required •, which Dc;- 
 fedl was then fupplied, by fubftituting the Bilhop 
 in his room. 
 
 And hence it came, that when the Pofterity of 
 Charhmaign fell into fuch a State of Degeneracy, as 
 to fink at laft into the niofl profound Ignorance of 
 thofe Ages, the Bifliops thought it advifable no 
 more to acknowledge this Authority as derived 
 from the Prince, from whence it really came, but 
 to alTume it to themfelves, and exercife it as a Right 
 peculiar to their Fundion, under the name of Ec- 
 clefiaflkal Jurifdiol'wn. 
 
 Such was the Original of this Power, which we 
 now ffe continually and fo defperately conteflcd 
 with Princes, even to the endangering the Peace of 
 the beft civil Governments, and throwing them 
 fom.etimes intp Convulfions. 
 
 E4 C H A P. 
 
56 Cy Ec C L E SIA ST I C A L 
 
 CHAP. XVJII. 
 
 TH E want of Spirit and Genius in the Prin- 
 ces of Charlemaign'^s, Pofterity, fo requifite to 
 fit them for Empire, made his Statutes of no long 
 duration •, fo that the firft Diforders regain'd apace. 
 The People, in few places, and very rarely, had any 
 fhare in the Eleflion of the Bithops, and lefs in 
 that of the other Minifters of the Church. The 
 Bilhops ordain'd whom they pleas'd, and difpofed 
 Benefices with the fame liberty •, except when the 
 Prince pleas'd to recommend any Man, and then 
 they never fail'd to obey. The Pope v/as always 
 chofen by the People, and ccniirm'dby the Empe- 
 ror before Confecratjon ; and the other Bifhops of 
 Ital") were never confecrated, until the Emperor had 
 firft approv'd them : And this was yet more ftriclly 
 obferv'd in France and Germany, 
 
 When the Pope would favour any Man's Pretcn- 
 fions to a Biflioprick neighbouring to Rome, he ap- 
 ply*d to the Emperor to defire his Nomination. 
 And if it hrxpp.n'd that the Pope were npply'd to 
 for his Confccration of a Perfon v^ho b.ad not the 
 Imperial Letters of Licence, he refus'd Confecration 
 till he obtain'd ic. 
 
 But the Pofterity of Charhmnignh^^ving been dri- 
 ven out of Lnly in the Year 884, Pope Hadrian III. 
 ordain'd, That the Popes fhould, for the future, 
 be confecrated, without applying to the Emperor (^) 
 at all. 
 
 In 
 
 (a) Hadrianus III. /??///j Pla- I populumque retulerit, an. Bom. 
 tina r'n the begittni.'.g cf his Life, i^c^!^. ne in creando Pontifice 
 tand animi fuir, ut initio Pon- Imperatoris authoritas expedla- 
 tificatus fui flatim ad. fcnatum I retur, utaue libera cflent, & 
 
 Cleri 
 
Benef ICES ^;^<^ Re VENUES. 57 
 
 In treating on this Subie6l of Benefices, it will 
 certainly not be foreign to our purpofe to take no- 
 tice of the Popedom itfelf, as we fhall again have 
 occafion to do in the Sequel of this Difcourfe, fee- 
 ing it certainly is defervedly to be rank'd in the 
 Number of Benefices •, and as it has been exprefly 
 fo ftii'd by Clement HI. in a time wherein the Pope 
 had not only afcendcd to the higheft pitch of hu- 
 man Greatnefs, but had taken alfo a particular Stile 
 or Dignity to diftingiifli him form other Bifhops. 
 
 Nothing is more known, than that the Names of 
 San8iiSy Sanolifjnnus, Beatiis^ Beal'ifj'imm^ were com- 
 mon to all B:^lievers in Christ, when all Men un- 
 der that Pro'^'-ffion were afpiring to an abfolute Per- 
 fection of Ho] inefs. But when Secular Men became 
 more engag'd in the Affairs of the World than was 
 expedient or decent, and fo quitted their Titles to 
 thofe bleffed Names, they fell to the lliare of the 
 Ecclefiafticks only. 
 
 And after the RemiiTnefs that was found in the in- 
 ferior Clergy, from their primitive Stridnefs of Life, 
 thefe Names remain'd to the Bifliops only ^ but 
 when they too came to fink in their Characters, by 
 too eager a Purfuit after the Things of this World, 
 the Bifnop of Rome alone retain'd thefe Titles, in 
 whom they ftill continue, not as Defignations of 
 Virtue, but of Grandeur and Power, 
 
 Cleri & Populi SufFragia.— — • 
 Quod quidem Inftitutum a Ni- 
 cholao \. tentatum potius qiiam 
 inchoaturn. lUeftum credo hac 
 opportunitate Hadrianum, quod 
 Carolus {this tjcas Charles the 
 Gra/s) Imp. ab Italia cum Exer- 
 citu difcedens in Normanos re- 
 bel lantes moverat. 
 The fame Platina, in the Life 
 
 of Pope Hadrian IT. faith, thai 
 Le-iiis the Stammerer approv'd 
 the Romans having put the Pope 
 in poffeflion of the Popedom 
 without flaying for the Confir 
 mation of the Emperor: On 
 which falfe Step, 'tis probable, 
 Adrian III. took the Refolution 
 of excluding the Emperor from 
 the Election of the Pope. 
 
 As 
 
58 0/* Ecclesiastical 
 
 As for the Name of Pontifex, it was, and is a 
 Name common to all Bifhops ; and there are feme 
 Canons ftill extant, wherein all Bifhops are ftird Sum- 
 mi Pontificei (b). And even the Name of Papa^ 
 which feems to be a Title moll peculiar to the Pon- 
 t'lfex Romanus, was given indifferently to all Bifhops. 
 St. Cyprian, Bifhop of Carthage, is callM Papa ; St. 
 Jerom gives this Title to St. Augiifiine : And in later 
 Times Sidonius Apollinaris, and many of the Bifhops, 
 ftile one another by the Name of Popes (c). 
 
 And we find in the Decretal o'i Gratian, Titles of 
 feveral Canons, wherein Martin Bilhop of Bragua 
 is call'd Papa. 
 
 Gregory VJI. was the firfl who in the Year 1076 {d) 
 decreed that the Name of Pope ihould be peculiar to 
 him and his Succeffors, and be afcrib'd to none but 
 the Roman Papa {e). 
 
 And 
 
 {h) Vide Witichlnd. pag. 22. 
 Humber lO. Omnia (faith the 
 Capitular of Aix la Chapelle) 
 fummis Pontificibus debentur, & 
 non Chorepifcopis, qui nee fum- 
 mi Pontifices nee Epifcopi fue- 
 runt. cap. 6. anno 803. 
 
 (<-) Hanc vocem, (faith Pan- 
 vinius in his Interpretation of 
 Ecclefiafical Names) omnes an- 
 tiqui Chrillianorum Epifcopi 
 pro Patre, & five majore Patre 
 frequentarunt, & praefertim mag- 
 narum & infignium urbium, ut 
 Romae, Carthaginis, Alexandriae, 
 Antiochias, H ierofolymorum, i^f . 
 Cornelius enim Epifcopus Ro- 
 manus, & alii multi in Epifto- 
 lis fuis Cyprianum Carthag. 
 Epifcopum Papam & Papatem 
 vocant. Dionyfius Alexandri- 
 nus Ep. Heraclam PredecefTo- 
 
 rem fuum in Epift. ad Phile- 
 monem Presbyt. Romanum bea- 
 tum Papam nominat. Similiter 
 Athanafius, Theophilus & Cy- 
 rillus Epifcopi Alexandrini Pa- 
 pae dicuntur. Sidonius in E- 
 pifcopis fuis paffim omnes Ga!- 
 liarum Epifcopos Papas appel- 
 lat. Fide Sa-ooronem ad Epifi. 
 I . lib. 6. Epiji. Sidonii Jplli- 
 naris. 
 
 (i) In a Council held at Rome. 
 Vide Sirmond. ad Ennodium, Lib, 
 4. Ep. I . 
 
 {e) Haec vox ffaith Panvi- 
 nius, ibid.) poll Gregorii I. 
 tempora, reliquis Epifcopis a- 
 dempta, foli Romano Pontifici 
 attributa eft, qui & Apoftolicus 
 eft aliquando diftus, ob praeci- 
 puje Apoftolicae fedis, cui prae- 
 eft, reverentiam. 
 
 In 
 
Benefices ^;;</Re VENUES. 59 
 
 And this Matter was carry*d fo high, and with 
 fo much Appearance of Party- rage and Faction, that 
 Anfelm Bifhop of Lucca^ one of his Followers, hath 
 not fcrupl'd to fay. That it is as ahfurd and impious 
 to fuppofe there are more Popes than One, as that 
 there are more than One GOD. 
 
 In which Fanvinius and Tra. 
 Paolo are very different : but as 
 the firft liv'd in the Court of 
 Rome, it look'd like a Compli- 
 ment to tnat Court, to difallow 
 the Name of Pope to the Bifhops, 
 four Ages before the Pontificate of 
 
 Gregory VII. But the' this Pope 
 had taken it away from the 
 other Bifhops, yet Urban II. his 
 Succcflbr, fcruples not to call 
 Anfelm Archbifhop of Canter- 
 bury, Papam alterius orbis. 
 
 CHAP. XIX. 
 
 BU T to return to the Times immediately fol- 
 lowing the Line of Qharlemaign ; France gave 
 birth to an Invention, which tho' it feem'd to be all 
 in favour of the Laity, yet prov'd an immenfe En- 
 creafe of Wealth to the Churches. This was a 
 Contrad calPd Precaria (i) ; by which, whoever 
 
 (i) The Precaria were in ufe 
 from the time of St. Augufiine. 
 Witnefs Poffjdius in his Life, 
 chap. 24. and the Monk Mar- 
 (ulfus in his For?nula-. 
 
 Add to this the Canon 18. 
 Conctlii Epaonenjis, held under 
 Childehert, anno 5 1 7. Clerici 
 quod etiam fine Precatoriis qua- 
 libet diuturnitate temporis dc 
 Ecclefiae remuneratione poffede- 
 rint cum authoritate gloriofiffimi 
 Principis nollri, in jus proprie- 
 
 tarium prxfcriptione temporis 
 non vocetur, dummodo pateat 
 Ecclefiae rem fuiffe : Ne vide- 
 antur Epiicopi adminiftrationis 
 prolixse, aut precatorias, cum 
 ordinati funt, facere debuiffe, 
 aut diu tentas Ecclefiae faculta- 
 tes proprietati fuse polTe tranfcri- 
 bere. Vid. Can. i . Concil. Agath. 
 anno 506. Can. -j, y 41;. Jn- 
 relian. \. anno 511 Can. 23. 
 Aurel. 4. Can. 34. Lugd. 2. 
 Cap. 5. 
 
 made 
 
6o Of Ecclesiastical 
 
 made a Gift of his Eftate to the Church, had the 
 Profits or Ufuhaitt return'd him again, and twice the 
 Value bcfides, during his Life. And to thole who 
 would quit their Ufufrudt alfo to the Church, fhe 
 gave three times [a) the Value in other Eftates of 
 the Church to enjoy in Exchange : And this Ufage 
 pafs'd from hence into Ital^. 
 
 For the prefent, this Contra6t turn'd manifeftly 
 to the advancage of thofe who trebled their Income, 
 andoffuch as had no Children, or who were more 
 concerned for their prefent Advantage than for 
 their Families : But in truth the Church was the 
 Gainer, which after the Death of the Donor fwepc 
 all. 
 
 From this time until the Year 963, during the 
 fpacc of 80 Years, wherein Italy labour'd under the 
 extremeft Confufions, as well in the Civil Govern- 
 ment as Ecclefiaftical, efpecially in the Papacy (/?), 
 we mud not expeft to find any Traces or Form of 
 sood Government in the Church, but a meer Chaos 
 
 (a) This was order'd by the 
 Canon 22. of the Council of 
 Mea'ux, ill 845. Precaiiie aiitem 
 a nemine de rebus Ecclefiaflicis 
 fieri praEfumantur, nifi quantum 
 de qualitate convenienti datur 
 ex proprio, duplum accipiatur 
 ex rebus Ecclefias in fuo tantum 
 qui dederit nomine, fi res pro- 
 prias ic Ecclefiallicas ufufrudlu- 
 ario tenere voluerit. Si autem 
 res proprias ad prsefens demiie- 
 rit, ex rebus Ecclcfiafticis tri- 
 pulum fruftuario ufu in fuo tan- 
 lum quis nomine funiat. 
 
 This Council therefore, to 
 whom Tra. Paul fcems to attri- 
 bute the Inftitution cf the Prc- 
 caria, is not the Author of it ; 
 its Decree being only a Con- 
 
 firmation of an Ufage eflablifh'd 
 long before. Where is to be 
 obferv'd, That at firftthefePr^- 
 fr/r//:? belong'd to none but Ec- 
 clefiafticks, and that after Se- 
 culars were alfo admitted, and 
 even before the reign of Char- 
 lema'igji. 
 
 [h) Plathta in the Life of 
 Formofus I. faith, That by a 
 flrange Fatality the SanAity of 
 the Popes ended with the Spi- 
 rit and Aftivity of the Empe- 
 rors. And in the Life of Sene- 
 ditl IV. he faith, Acciderat huic 
 aetati, ut hcminum induilria in 
 quovis genere virtutis confenef7 
 ceret, nullis calcaribus adhibitis, 
 quibus hominum ingenia ad lau- 
 dem excitarentur. 
 
 of 
 
B ENE FICES ^W Re VE N UES. 6l 
 
 of Impieties, and a general Preparative and Fore- 
 runner of the miferable Revolutions and Diforders 
 which follow'd. 
 
 Popes were then excommunicate; 1 by their Suc- 
 ceflbrs, and their A6ls cafled and annull'd •, noc 
 excepting the very Adminiftration of the Sacra- 
 ments (c). Six Popes were driven out and dethron*d 
 by thofe who afpir'd to their places {d). Two Popes 
 put to death (c"), and Pope Stephen VIII. wounded 
 
 (c) Stephanus VI. {faitb Pla- 
 tina tfi his Life) tanto ociio per- 
 fccutus ell Formoll nomen, ut 
 ilatim ejus decreta abrogaverir, 
 res geilas refciderit. - 
 
 Arbicror hoc odium ex ambicio- 
 ne ortum tuiffe, cum jam eo 
 devenifTent Ecclefiallici, ut non 
 coa£ti, utantea, fed fponte, &lar' 
 gitionibus Pontificium munus ob- 
 irent Res pefiimi exem- 
 pli cum pollea fere femper fer- 
 vata hsec confuetudo fit, ut afta 
 priorum pontificum fequcntes aut 
 infringerent aut omnino tolle- 
 rent 
 
 Romanus I. did the fame to 
 Sieph. VI. which Stephen had 
 done to Formofus. Stephani Pont, 
 decreta y a^n jlatim i?nprobat, 
 abrogatqiiey faith Platiua in his 
 Life. And neodorus II. autho- 
 rized all the Afts of Formofus, 
 and favour'd his Adherents, laith 
 the fame Platina. JohnX. who 
 fucceeded Theodorns, confirm'd 
 alfo the Atts of Formofus, and 
 condemn'd the Judgment of 
 Stephen VI. declaring, that he 
 had unjuftly annulled the Ordi- 
 nances made by Formofus. 
 
 Habito 74 Epifcoporum con- 
 ventu [at Ravenna) & Stephani 
 res geftas improbavit, & For- 
 mofi acta reilituit, dijudicans 
 perperam a Stephano fadum qui 
 cenfuit cos iterum ordinandos 
 efle, quos Formofus ad facros 
 ordines afciverat. [Platina in 
 vita). hvASerginsWl. reltor'd 
 all thofe whom Fcr?nofus had 
 degraded from the Prieiihood. 
 [Platina.) 
 
 (d) Leo V. was dethron'd anl 
 imprifoned by Chriftopherus, who 
 had been his domeltick Chap- 
 lain. Chriftopherus was dethroned 
 in the jth Month and put into 
 a Monaftery, the ordinary Exila 
 of Churchmen in thofe Day?. 
 [Platina.) 
 
 [e) John II. (according xo 
 Panuinius, who doth not reckon 
 the Papefs foan with Platina) in 
 'vincula conjedus, cervicali in vs 
 conjecto, necatur. (Platina in vita) 
 I do not find in this Hiltorian, 
 nor in Paninnius, the other Pope 
 whom Fra. Paolo mentions to 
 have been kill'd. 
 
 m 
 
62 0/* E C C L E S I A S T I C A L 
 
 in the Face, with fo much Deformity, that he never 
 after appear'd in PubHck (/). 
 
 27)(?o^orrt, a famous Courtizan, by the Interefb and 
 Fadtion fhe had then in Rome, got her profefb'd Lo- 
 ver chofen Pope, who was call'd John X. (g). And 
 John XI. was chofen Pope at the Age of 20 Years, 
 the Baftard of another Pope (h)^ dead 18 Years be- 
 fore. And in Ihorr, fuch a Series of wild Diforders 
 gave occafion to Hiftorians to fay. That ihofe Times 
 ;produc*d not Popes ^ but Monjlers (i). 
 
 Cardinal 
 
 (f) Stephanus VlII. ut Mar- 
 tinus refert, in feditione mutila- 
 tus, tui"piter aliquandiu vitam 
 duxit, cum ob inhonefca vulneia 
 (probably the Nofe and Ears ^jcere 
 cut off) prodire in publicum 
 erubelceret. (Platina 171 ^it a.) 
 
 (g) This Hiftory is related 
 by Luitprand, lib. i. cap. 13. 
 Onuphrius Panvinius faith, that 
 this Pope was not the Son of 
 Pope Sergius III. as Platina 
 tells us. 
 
 (A) Viz. of Sergius III. and 
 of Marezia, Daughter of the 
 Courtezan Theodora, who pro- 
 ftituted her Daughters to the 
 Popes. 
 
 Joannes II. (faith Panvinins) 
 Sergii Papae & Marocise nobilif- 
 firas inter Ronianos femina: (Jhe 
 nvas Wido^M o/Guy Marqiiifs of 
 Tufcany) filius matris, qu« tunc 
 m urbe potentiffima erat, au- 
 
 thoritate & ftudio fucceffit 
 
 poll Leonem VI. & Stepha- 
 niim 7. Platina calls him John 
 ■'^11. Joannis XII. patria Ro- 
 manus, patre Sergio P^mtftce,- 
 
 (s) Ubi cam ipfis opibus, 
 (faith Platina in the Life of 
 Benedift IV.) Lafcivire ccepit 
 Ecclefia Dei, verfis ejus culto- 
 ribus a feveritate ad Lafciviam, 
 peperit nobis tanta liccntia pec- 
 candi hsc Portenta, a quibus 
 ambitione & largitione, fanftif- 
 fima Petri fedes occupataeft po- 
 tius quam pofleffa. Baronius 
 calls thefe Popes, fedis Apofiolicse 
 invafores, non Apoilolicos, fed 
 Apollaticos ad ann. 908. 
 
 Fra. Paolo makes a very judi- 
 cious Refleftion on the Diicrder 
 of Eleftions in thofe times. I 
 have not found, (faith he in one 
 of his Letters), Reafons fufEci- 
 ent to prove the Truth of the 
 Hiftory of Pope Joan, no more 
 than I have met with any to 
 convince me of the contrary. 
 However, to fpeak fmcerely, I 
 incline to the Opinion of its be«^ 
 ingfalfe, but not for its Abfur- 
 dity, that Age producing things 
 as extraordinary as a Lady's being 
 Papefs. 
 
 The Perfecutions rais'^d by 
 
 many of the Popes againft the 
 
 Memory 
 
Benefices <3:;^</ Revenues. 63 
 
 Cardinal Baro7iiu5, being under fome difficulty 
 how to treat thefe Corruptions, faith, That in thofe 
 days the Church indeed was for the moft part with- 
 out a Pope, but not wichout a Head •, its fpiritual 
 Head Christ being in Heaven, who never aban- 
 dons it. 
 
 In effeft it is certain, that Christ hath never 
 yet forfook his Church ; neither can his Divine Pro- 
 mife, which he hath made us, fail ; That he will be 
 ■with it even to the End of the World (k). 
 
 And on this occafion it is the Duty of every Chri- 
 ftian to believe with Baronius, that the fame Calami- 
 ties which happen'd in the World at that time, have 
 happen'd alfo at another: And, that as the Afli- 
 ftance of Christ alone preferv*d the Church in thofe 
 Times, fo hath he afforded that Shield of Defence to 
 his Church, and will continue it to her in all the like 
 Events and Accidents of this World. So that a Pope 
 was not nec^ffary to the Exiftence of a Churcl^ 
 even tho* there fhould never more have been a 
 Pope (2). 
 
 A Man may eafily make a Judgment to himfelf 
 how the reft of the Churches of Ilaiy in thofe times 
 
 Memory of their PredecefTors, 
 whole A£ts they annull'd, and 
 even in Councils, being things 
 of no leis confequence. Befides, 
 where is the great Difference 
 betwixt making a Woman Pope, 
 and a Child of 1 1 Years of Age, 
 fuch as BenediSt IX. was: Not 
 to mention John XI. and XII. 
 who were little older. 
 
 {k) Rogabo Patrem, & alium 
 paracletum dabit vobls, wt ma- 
 neat vobifcum in seternum — 
 Non relinquam vos orphanos. 
 Joan. 14. Et ecce ego vobif- 
 
 cum fum omnibus diebus, ufqae 
 ad confummationem feculi . Malt- 
 ultimo. 
 
 (2) Plane (faith Baronius ad 
 ann. 908.) opus Dei effe Roma 
 nam Ecclefiam, quae tot admo- 
 tis facibus non potuerit ad inte- 
 ritum ufque confumi, & ad nihi- 
 lum redigi, fadi evidentia de- 
 claravit. Stetit fane, Ihibitque 
 fempcr immobilis de fede Petri, 
 fententia ac promiflio Chrifti, 
 quod portae Inferi non prxvale- 
 bunt adverfus tarn. 
 
 were 
 
64 0/~EcCLESIASTICAL 
 
 were treated, in confidering the Sraie of all the 
 other Members of a Body, when tlie Head is dif- 
 tcmper'd. 
 
 But the general State of the Church was then, in 
 truth, every where elfe as deplorable. Princes gave 
 Bifhopricks to their Soldiers, and even to little Chil- 
 dren. Count Her chert, Unck to Htigh Capet, made 
 his Son Archbifliop oi Reims ('3) ; and Pope John X. 
 cOnfirm'd it. 
 
 In thofedays no Man went tio Rome, through the 
 miftaken Motives of Confcience or Devotion •, but 
 if he defign'd to make bold with the Canons and 
 Ulage of the Church, and found not Intereft enough 
 in his own Country to fupport him in it, he pre- 
 fently had recourfe to Rome: So it was not the Ob- 
 fervers of the Laws of the Church, but the Brea- 
 kers of them, whofe bufinefs lay chiefly at than 
 Court, where a Man's Faults were his Qualifications 
 for all forts of Difpenfations ; and where the A- 
 poftolick difpenfing Power ftood ready to give re- 
 A]ge and Ihelter to all the Purpofes of Ambition and 
 Avarice. 
 
 Popes of fuch Chara6lers, as we have above de- 
 fcrib'd, made no diftindion betwixt any Anions, good 
 or bad, that were in their power ; nor were deterr'd 
 
 ("J Pofl: obitum ipfius [faith 
 Flodoard, nvbo ivas near lis Co- 
 iemporarf) Heribertus Comes Kc- 
 mis venit advocans Abbonem 
 Epircopum Sueffionicum, & Bo- 
 vonem Catalaunicum, quibus fibi 
 iiinftis, traftans fuper eleftione 
 Rcftoris hujiis Remenfis Eccle- 
 fia:, tarn Clericos quam Laicos 
 ad voluntatem intendere fecit. 
 Scquentes igitur ejas concilium, 
 ne forte per extraneas perfonas 
 Epifcopatus dividerctur, eligunt 
 
 filium ejus nomine Hugonem, qui 
 nee adhuc quinquennii tempus 
 expleffet. Lib. 4. Hifi. Remenfis, 
 cap. 20. 
 
 Quod in tanta Ecclefia {faith 
 Baronius) male fuit a malo Prin- 
 cipe [John 10.) ulurpatum in 
 exemplum cito tranfiit aliorum, 
 ut complures hujus fcculi Prin- 
 cipes iibi fanguine conjundtos 
 adolefcentulos in fummas Ca- 
 thedras curaverint promovendos 
 ad ann. 935. 
 
 by 
 
Benefices ^^^ Revenues. 65 
 
 by the Wickednefs of them ; confidering every Op- 
 portunity of engaging great Men in their Interefts, 
 as an Encreafe of their own Power : And thefe finding 
 their Intereft in maintaining vigoroufly what they 
 had obtain'd, and the People, either through Sim-^ 
 plicity or Fear, being aw'd into an Approbation of 
 what they could not hinder ; from hence grew the 
 Opinion, That an Approbation from the Court of 
 Rome repaired and cancell'd all Errors. 
 
 CHAP. XX. 
 
 IT had been reafonable to imagine, that the litclf. 
 care the Clergy fhew'd of fpiritual Affairs, would 
 have cool'd the Zeal of fecular Men in their Bounties 
 to the Churches, and confequently have put an end 
 to the Growth of their Wealth : But it took another 
 turn, for with a fupine Negled of Spirituals, the 
 Spirit of defending their Temporals fcem'd to rilb 
 in proportion. 
 
 The new Expedient they had found (for before 
 it was not in ufe on thefe Occafions) of turning the 
 fpiritual Arms of Excommunication to the vindi- 
 cating all their difputed Rights about their Tempo- 
 rals, and recovering fuch as had been loft by the 
 Negligence of their Predeceffors ; was a Weapon 
 they manag'd with fuch fuccefs, that nothing ever 
 became more terrible to the People, than thole Cen- 
 fures, which at firfb had only been employ M in the 
 Chaftifement of Sinners : And it was aftonilhing, to 
 fee numbers of Officers and common Soldiers, guilty 
 of fo many Rapines, and withheld by no Remorfe 
 from the moft flagitious Crimes, lliould be leiz'd in 
 an inftant with a Refpeft towards the Church, which 
 look'd like a Charm, and guarded it againft Sacri- 
 
 E lege. 
 
66 Of Ecclesiastical 
 
 lege, on the bare Apprehenfions of its Cenfures, 
 Hence it came, that many People of fmall Confide- 
 ration and Fortunes, to skreen themfelves from the 
 Violence of that Power, found it the eafiefl: way to 
 make a Deed of Gift of their Ellares to the Church, 
 and make themfelves her Subjefts •, on condition 
 that the Donor fliould be reinvefted with it as a 
 Fief, refer ving a fmall Acknowledgment. 
 
 Thus the Church's Title became a Safe-guard to 
 thofe who were too weak to defend their Eftates 
 from the Great Men any oiher way •, which the moft 
 Powerful dar'd not to touch, when once they be- 
 came Signorics of the Church. And whenever the 
 Male Line of thefe Feudatories came to fail, which 
 was a common Accident, where Wars and popular 
 Seditions were fo frequent, the Succeflion of courfe 
 fell to the Church. 
 
 CHAP. XXI. 
 
 Q^U E S T I O N I. 
 
 HAving hitherto confider'd the Methods, where- 
 by the Church acquir'd her real Eftates ; and 
 on what Foundation the decimating the Eftates of 
 the Laity came to be an eft iblifhM Right in the 
 Church J it will here be reqaifice, before we proceed 
 flirther, to refolve a Qieftion controverted in our 
 days. Whether the Eftates of the Church be held 
 by a Divine or Human Right, and to whom of 
 right they belong ? 
 
 The receivM Opinion diftinguifhes betwixt the 
 Church*s Title to Goods^ which come by Will or 
 
 Donation, 
 
Benefices a^d Rev enves, 67 
 
 Donation, and that which fhe hath to Tenths, Firft- 
 fruits, and other Offerings. 
 
 As to real Eftates, it is agreed by all, that where- 
 ever they are found, they ought to be call'd temporal 
 Goods, and that the Church enjoys them by human 
 Right ; feeing it is certain, and as we have already 
 fhewn, that after ail Communities and Aggregate 
 Bodies had been prohibited from acquiring immove- 
 able Eftates, the Church, firft by Permifllon, and 
 then by Concefllon from the Emperors, obtain*d 
 that Power. 
 
 Agreeable to this is the Canon, ^o Jure, Dijl. 8, 
 wherein it is declar'd to be only by virtue of hu- 
 man Laws, that it is faid. This Inheritance is mine, 
 or this Servant belongs to me ; and that without 
 which, neither Church, nor any Perfon whatfoever 
 can be faid to have a Property in any thing {a). 
 
 It cannot be doubted, but that tiie Divifion of 
 Eftates derives its Authority from the Civil Law, 
 or that the various Ways ot transferring them from 
 one Poffeftbr to another, by Will, Donation, and 
 all manner of Contrafts, are of human Inftitutlon. 
 
 There have been Examples of Kingdoms and 
 Republicks in the World, to whom Wills and Te- 
 ftaments were things unknown ; The Roman Law 
 allows the Privilege of making them only to Roman 
 Citizens : And it is not conceivable, that the Mean55 
 of acquiring a Thing fliould be of human Riglit, 
 and the Enjoyment and Poffefllon of it fliould be 
 of divine Right. 
 
 Whenever the Title to any Gift or Bequeft to the 
 Church, happens to be contefted, it is decided by 
 
 [a] Jure humano dicitur, haze 
 villa mea eil, hacc domus mea, 
 hie fervus meus eit. Juraautem 
 humana, jura Imperatorum lunt 
 
 — - Tolle jura Imperatorum & 
 quis audet dicere, mea eft ilia 
 villa, aut meus eft ille fervus, 
 aut domus haze mea eft ? 
 
 F 2 human 
 
68 OfEcCLESIASTICAL 
 
 human Laws -, and if it beadjudg'd in favour of the 
 Church, it is by Authority of the Law Ihe muft be 
 fecur*d in the PofTefTion. 
 
 But to infift no longer upon a Point, which feems 
 to be generally given up, we will leave it, with only 
 this inference, which may very clearly be made 
 upon the whole Queftion, That whether the Ex- 
 emptions which the Church-Eftates enjoy, are ow- 
 ing to a Divine or Human Right, yet feeing both 
 the Poflifllon, and the means of obtaining it, pro- 
 ceed both from the fame Law ; and that the Law- 
 yers fay, that Tenures of Servitude, or Freedom and 
 Dominion, all derive their Right from the fame 
 Law : it would be a manifeft Contradiction to fay. 
 That the Church might hold an Eftate, for exam- 
 ple, "^jure Venelo^ by the Law of Venice ; and yet that 
 Eftate fhould claim to be free and independent by 
 another Right. 
 
 As to the Queftion concerning Tythes, there are 
 two Opinions, one of the Canonifts fingly, the o- 
 iher of Divines and Canonifts, who ftudy the holy 
 Scripture, ^nd the Canons together. 
 
 The Canonifts fiy. That Tythes are of Divine 
 Right * ; becaufe im the old Teftament GOD gave 
 them to the Leviies (b) : And we have no reafon to 
 be furpriz'd at their manner of reafoning, who are 
 ib little converfant in reading the Scriptures •, nei- 
 ther is the Study of the Myfteries of the Chriftian 
 Religion any part of their Profeflion. 
 
 * Covarrwvias is not of this , Decimarum oblatione content!. 
 Opinion. /'/,/? chap, 1 8. lib. i . quas in ufus eorum & neceflaria 
 of his 'variariim Rcfolut. I iperavi. Hum. i8. 
 
 {h) Filiis Levi dedi omnes j De filiis Levi facerdotium ac- 
 decimas Ifraelis in polTeflionem I cipientes (faith St. Paul) man- 
 pro minifterio, quo ferviunt mihi datum habent decimas fumere a 
 in tabernaculo fcederio—— — — | populo fecund, legem, lieb. 7. 
 
 G O D, 
 
Benefices /3:;^<3^ Revenues. 69 
 
 GOD, by the Miniftry of Mofes, gave to the 
 Jezvifh Nation a Law, which both in the Ceremonial 
 and "judicial Part was defignM to be the Municipal 
 Law of that Nation, until the coming of Jesus 
 Christ, who was to abrogate and annul all its 
 Force {c). So that in truth the Law of Tythes is 
 a Divine Mofaical Law, binding only to the Jewip 
 People at that time, but not a Divine-Natural Law, 
 nor Chriftian, and confequently binding to no Man 
 now. 
 
 The Legiflature of any Government may enaft 
 tlie fame Laws with thofe of Mofes but they can- 
 not be laid to be as binding, nor to carry the lame 
 Authority, nor can they be call'd Divine, but meerly 
 civil Political Laws of the Prince who conftituted 
 them. 
 
 There was a Divine Mofaical Law, that a Blaf- 
 phemer fliould be kill'd ; but this obligeth no mors 
 now, neither doth he fin, who puts it not in exe- 
 cution. The Prince may make a Law to punilh 
 Blafphemy with Death, and it would be a juft Law, 
 and what deferves to be ftriftly obferv'd •, but this 
 would not make it a Divine Law, tho* GOD gave 
 it heretofore to the Jews (d). 
 
 In thefe and many other cafes, where the Cano- 
 nifts fly to the old Teftament, to defend the inte- 
 refts they have in alTerting the Divine Right, we 
 muft take care to point out the Sophiftry, and to 
 
 (c) Tranflato facerdotio, ne- 
 ceflfe eft, ut & legis tranflatio 
 iiat — Reprobatio fit prxceden- 
 tis mandati propter infirmitatcm 
 ejus Sc inutilitatem, Heb. 7. 
 
 (d) Dominus locutus ell ad 
 Moyfen, dicens, Educ Blafphe- 
 mum extra calba, & ponant om- 
 
 nes qui audierunt, manns fuas 
 fuper caput ejus, & lapidct eum 
 populus univerfiis. Et ad filioi; 
 Ifrael loquens : Homo qui blaf- 
 phemaverit nomen Domini mor- 
 te moriatur, Japidibus opprimet 
 eum omnis multitudo. Levit. 24. 
 
 F 3 
 
 nnake 
 
70 Cy Ec C L E SIA ST I C A L 
 
 make the proper Diftin6tion in our Anfwer, which 
 is. That whatever is of Natural or Chriftian Divine 
 Right, is binding to us i but not that which is of 
 Mofaical Divine Right: fo that if a Prince or Go- 
 vernment (hould make a Law exactly the fame with 
 that of Mofes, it will however be only of human 
 Right. 
 
 I cannot here forbear doing that Juftice to the 
 Underftandings of thefe Dodtors, as to affirm. That 
 there is much more of Artifice than Ignorance in 
 what they fay on this Subjed, to gain Credit with 
 weak and unwary People, and to give a Sandlion to 
 their Pretenfions of the flrongeft Title in the World, 
 which is, the Divine Right, But here they feem to 
 me, to fland convidted, and to be left without Re- 
 ply. For in the fame Text of Scripture, where 
 GOD commands the Tenth to be given to the Le- 
 viteSt he alfo commands, That they fhall not pof- 
 fefs any Land or real Eftates ; and that they fhall 
 content themfelves with the Tyches only (e). If there- 
 fore the People be oblig'd by this Command to 
 pay Tyrhes, the Levites are under the fame Obliga- 
 tion to take no PofTefTions of Inheritance. 
 
 We find alfo in the lame place, That GOD 
 granted them only the Tenths of the Fruits 
 of the Earth (/), and neverthelefs the Canon- 
 Laws ordain the Payment ofTythes alfo out of all 
 
 (e) Cixit Dominus Aaron ; 
 In. terra eorum nihil poffidebi- 
 tis, nee habebitis partem inter 
 eos . jin^ a little after it is /aid. 
 Nihil aliud polFidebunt decima- 
 ram oblatione contenti. Num. 
 18. 
 
 Non habebunt facerdotes, &c 
 Levitx partem & hxreditatem 
 cum reliquo Ifrael, quia facrifi- 
 
 cia Domini, & oblationes ejus 
 comedent, & nil aliud accipient 
 de poflefiione fratrum fuorum. 
 Dcut. 18. 
 
 (f) Omnem Medullam olei, 
 & vini, ac frumenti tibi dedi, 
 faith GO D to Aaron, univerfa 
 frugum inifia, quas gignit hu- 
 mus, & Domino deportantur, 
 cedent in ufus tuos. 
 
 Merchan- 
 
Benefices and Revenues. 71 
 
 Merchandize, out of the Soldiers Pay, out of Hun- 
 ting and the Sports of the Field, and out of every 
 thing gain'd by any kind of Labour and InduRry 
 whatfoever. 
 
 If GOD have obbg'd the Jevjs to the Payment 
 of no more th.m Predial Tythes, then it muft be 
 granied, that Perfonal Tythes are only a human 
 Law. 
 
 All the Divines, to a Man, and with them many 
 of the Canonifts, agree it to be a Precept of the 
 Divine Naturnl Law, that he who adniinifters at 
 the Altar fiiould live by his Miniftry f>). As it 
 is an exprefs Command of J esus Christ in the 
 Gofpel, that the Minifter, who preacheth the Word 
 of G O D to the People (/?), fhould be maintain'd 
 by his Miniftry. But the Proportion of the Al- 
 lowance is not determin'd, but varied according to 
 the Number of Perlons, who fliare it, and the Cir- 
 cumftances of Time and Place, which make that too 
 much at one time, which would be too littl>^ at 
 another. Therefore the Minifters of Christ have 
 a Divine Right to a Part, but whether it be a Tenth 
 or a Twentieth Part, more or lels, is determined 
 by hum.an Laws, or by Cuftom, which is many times 
 as powerful. 
 
 And where it is faid in fome of the Decretals, 
 That Tythes were inftituted by GOD himfelf, or 
 that the Payment of them is of Divine Right i in 
 that fenfe a certain Part is taken for an uncertain, 
 
 (g) Filiis Levi, faith GOD, 
 dedi omnes decimas pro Mini- 
 fterio, quo ferviunt raihi in ta- 
 bernaclo fa-deris. Num. 18. 
 
 (Z-) Dominus ordinavit iis, qui 
 Evangelium annunciant, de E- 
 vangelio vivere, i Cor. 9. Si 
 DOS vobis fpiritualia ieminavi- 
 
 mus, magnum efl fl nos carna- 
 lia veftra mecamus ? il'id. Qui 
 bene praefunt Presbyteri, dupli- 
 ci honore digni habeantur, maxi- 
 me qui laborant in verbo & 
 
 doftrina Dignus eft operarius 
 
 mercede (ua, i Ti/n- 5. 
 
 F 4 
 
 and 
 
y2 Cy Ecclesiastic AL 
 
 and fo by the Tenth is underftood fuch a Part as is 
 reafonable and neceflary : And as GOD hath in- 
 ftituted Tythes in the Old Teftament, human Laws 
 have, by that Example, inftituted them in the New. 
 So that we may make this general Conclufion, That 
 all Ecclefiaftical Eftates, of what kind foever, are 
 in his power, who is the Patron, and pofiefs'd by 
 virtue of human Laws. 
 
 Nor let any Manobjeft, that this undetermin'd part 
 js due by the Divine, Natural, and Evangelick 
 Law. For there is a great diflfercnce, as the Law- 
 yers well obferve, betwixt a thing that is due, a Debt, 
 which may be fatisfy'd by Payment of the Value -, 
 and that of which a Man hath the Demefne or Fief, 
 as chief Lord. This laft, fay they, may be juftly 
 demanded, \^aof'wne rei vifidkationb] nothing but the 
 fame individual Thing can make fatisfaftion, and 
 nothing in lieu of it can be deem'd an Equivalent : 
 whereas the Creditor can only profccute his Debt by 
 perfonal Aftion, the Debtor being oblig'd to pay 
 the Value of the Debt only ; but not in this or that 
 individual Thing, or in any particular Species. 
 
 By the Refolution of this Queftion, it is cafy to 
 determine, whether Benefices be Jure divlnoy or Jure 
 fofitivo: For if real Eftates and Tithes be of human 
 Inftitution, it is neceflary that the Benefices confift- 
 jng of thefe be held by the fame Title. And to fum 
 up al), if the real Eftates of the Church remain*d in 
 eommon for fo many Years, and not divided into 
 Benefices and Cures, as is already declar'd ; it is 
 then undeniable that Benefices are of human Infti- 
 tution. But as the World is too well agreed in 
 this, to require any farther enlarging on this Argu- 
 ment, I fiiall only add, that tho* thefe Confidera- 
 tions may appear too fubtle, and too refin'd, the Se- 
 quel of this Difcourfe will convince the Reader, they 
 are no more than neceffary. 
 
 QU E S- 
 
Benefices ^^<^ Revenues. 73 
 
 QJJ E S T I O N II. 
 
 THE Decifion of the firft Queftion opens the 
 Way to the fecond Inquiry, Who is the Owner of 
 the Ecclefiaftical Eftates ? By which I intend only 
 real Eftates, referving to fpeak of the Fruits and 
 Revenues in the fourth Queftion (i). For if they 
 be poflefs'd by virtue of human Laws, we have 
 only to find to whom the Laws have granted them. 
 Some will fay they are GO D*s, and who can doubt 
 it, the Earth and all that is contain d therein is the 
 LORD\s {a). But in this fenfe the Goods of the 
 Church are no more GOP Almighty's, than every 
 thing elfe in the world. 
 
 The Dominion of G O D is univerfal, but a So- 
 vereign Prince hath another Dominion, which, ac- 
 cording to Seneca, may be call'd the Dominion of 
 Power {b) ; or according to the Lawyers the Do- 
 minion of Protection and Jurifdidion (r). Every pri- 
 vate Man alfo hath his Dominion, which is that of 
 Property, and the Subjed of our prefent Inquiry. 
 
 Now it cannot be faid, That GOD, befides his 
 univerfal Dominion over all Things, hath alfo the 
 Property of all Ecclefiaftical Goods, in the fame 
 manner as a King hath an univerllil Dominion 
 throughout his Kingdom ; and yet hath a private 
 
 ( I ) Which is towards the end 
 of this Treatife. See ^ejl. 4. 
 
 [a] Ad Deum excellum, pof- 
 fcflbrem cocli Sc terrx, Goi. 14. 
 Domini eft terra & plenitude 
 ejus, orbis terrarum, k univerfi 
 qui habitant in eo, Pfalm. 23. 
 
 {b) Ad Reges potellas omni- 
 um pertinet, ad fingulos pro- 
 prietas, Stnec. 7. Benff cap. 4. 
 
 Cujus eft (faitb Pliny th/: 
 younger) quicquid eft omnium, 
 tantum ipfe, quantum omnes 
 habent- Paneg. 
 
 [c] Ditionis, non proprieta- 
 tis, tuitionis non deltrudionis. 
 Omnia regitis (faith one Sim- 
 macus, addrejfing himfelf 19 
 Princes) fed fuum cuique fer- 
 vatis. X. £/>//?. 54. 
 
 Property 
 
74 Of Ecclesiastical - 
 
 Propriety in the Eflate of his own Family. For the 
 univerfal Dominion of a Prince may be increas'd by 
 the addition of his private Property ; but the Do- 
 minion of GOD hath an Univerfality, excellent 
 and infinite, incapable of any addition, or of being 
 particularized, neither can it poflibly be communi- 
 cated to any Creature. Thus GOD, being LORD 
 of all thefe Goods, no Man can affume to himfelf, 
 and fay, I who have the fame TrihuuaU the fame Con- 
 ftjlory^ the fame Jurifdi^iion with GOD., am alfj 
 Lord', for whatever Dominion any Man may have 
 in them, he is no lefs a Servant than the lead of 
 Mankind. 
 
 But there are others, who treat this matter with 
 more freedom, and fay. That the Pope is the Lord 
 and Proprietor ; and prove it by the Decretal oi Cle- 
 ment IV. which declareth, that the Difpofition of 
 all Benefices belong intirely to him {d). 
 
 St. Thomas refutes this Opinion in faying, That 
 the Pope may indeed be call'd the principal Difpen- 
 fer of all Benefices, but in no fort either the Lord, 
 Owner, or PofTefTor of them {e). 
 
 Cardinal Cajetan adds for an Explication of this 
 matter. That the Pope can neither give, nor, in any 
 other manner whatfoever, difpofe the Goods of 
 the Church, than as right Reafon fhall direfl, and 
 without exceeding the Truft of Difpofition repos'd 
 
 (J) Licet Ecclellarum, Per- 
 fonatuum, dignitatum, aliorum- 
 que beneficiorum Ecclefiallico- 
 rum plenaria difpofitio ad Ro- 
 manum nofcatur Pontificem per- 
 tinere, ^c. Sexti lib. 3. tit. de 
 h-abendiiy cap. 2. 
 
 (f) Quamvis res Ecclefi^ fint 
 ejus, ut principalis difpenfato- 
 ris, non tamen funt ejus, ut do^ 
 mini & pofTefioris. zda. ida. 
 :^efi. 100. art. i. refp. adob' 
 jea. 7. 
 
 in 
 
Benefices and Revenues. 75 
 
 in him ('/). And the reafon he gives is very clear 
 and convincing : Thefe Goods, faith he, at firft be- 
 long'd to fome one, who hath transferr'd hi-; Rio;hi; 
 by Will or Donation : Now, it never was in anv 
 man's intention to make fuch a Prefent to the Pope 
 {g) : And therefore the Property can never have been 
 pafs*d to him. 
 
 And it is for this reafon, that the fame Cardinal, 
 and Pope Hadrian VI. agree. That the Propriety 
 of all Goods belong to the Church -, that is, to the 
 whole Community of the Faithful in that place, to 
 whom they were left: So that the Propriety of the 
 Goods in the Roman Church, belongs really to the 
 whole Body of the Ro?nan People. 
 
 (f) Papa non eft Dominus, » 
 fed Difpenfator principalis pe- 
 cunia: Ecclefiafticae, ac per hoc 
 pecunia Ecclefias non eft fua ab- 
 folute, ut pofllt ad libitum de 
 ea difponere. ( And then he adds) 
 Cum poteftas Papae, quoad res 
 temporales Ecciefias fit poteilas, 
 non Domini, fed Difpenfatoris, 
 confequens eft, ut plenitude po- 
 teftatis papalis, circa bona Ec- 
 clefiae temporalia, non exeat li- 
 
 mites poteftatis difpenfativa- 
 
 Ac per hoc non potelt Papa ad 
 libitum donare res Ecclefiae, fed 
 poteft tanquam habens apicem 
 difpenfatricis poteftatis, multo 
 plus de iifdem difpenfare, quam 
 quicunque alius proximus alicu- 
 jus Ecclefias prxlatus— -Ex eodem 
 fundamento, quod Papa non eit 
 -Dominus, fed Difpeniator, fe- 
 quitur quod de plenitudine pote- 
 ftatis non poflit ad libitum dare 
 bona Ecclefias cui voluerit ; fed 
 tenetur diipenfare, ut redla ratio 
 fuadet. In Comment, ad 2. 2. 
 ^eji. 100. art. i. 
 
 (g) Nee Papa, nee aliquis 
 Prselatiis, eft Dominus reruia 
 Ecclefis, Ecclefia ipJa eft Do- 
 mina ; quia Donatores non do- 
 nant, Sc transierunt jura Tua in 
 Papam, aut Prselatum, fed in 
 Ecclefi:;m Rom:. nam, vel ta- 
 lem. (it is nioic certain, that 
 Princes would never have given 
 fo many Lands and JJ'/.-enues 
 to the Church, if they had 
 forefeen, that the Popes would 
 have become the Mafters of" 
 them themfelves, and have turn'd 
 the Profits of them, one day, 
 to the making War againlfc 
 the Donors.) Nee putes, adds 
 Cajetan, propterea quod Papa 
 habet plenitudinem poteltatis 
 Ecclefiafticae, ob hoc poffit de 
 bonis Ecclefia; difponere, ficut 
 poteil Ecclefia : quoniam ple- 
 nitude poteftatis Ecclefiaiticae 
 intelligitur in ipiritualibus tan- 
 tum. Comment, zdcc, idee, ad art, 
 8. %^. 43. 
 
 Every 
 
76 0/* Ecclesiastical 
 
 Every one knows, that a Community or Society 
 is as capable in Law of poffejfTing an Eftate, as any 
 private Perfon : It is in that fenfe faid, that luch a 
 thing belongs to fuch a City -, that is, to no parti- 
 cular Perfon, but to the whole People together : 
 And it is the ordinary Stile of Wills to fay, I leave 
 to the School of St. Roch (i), to the Convent of the 
 Cordeliers (2), ^c. And of this, the ancient Ufage 
 of the Church, and the Stile in which the Canons 
 run, are a plain Confirmation. 
 
 It is not to be doubted, but that thefe Eftates be- 
 ing to go under fomebody^s name, arc very pro- 
 perly afcrib'd to him who is the Proprietor : So all 
 the Canons, and ancient Ufage of the Church ha- 
 ving always called that which belongs to the Church- 
 men, the Eftates of the Church ; fhe is therefore 
 the Proprietor. And this agreeth with thofe who 
 fay, thefe Eftates are Jesus Chris t's : for all 
 Chriftian Churches, from very ancient times, have 
 taken their Denominations not only from the Name 
 of fome City, but from their firft, or moft famous 
 and eminent Bifhop : So the Roman Church is call'd 
 St. Peter*Sy the Church of Alexandria St. Mark's^ 
 that of Ravenna the Church of St. ApolUnarius» 
 From hence the Eftates of thefe Churches have fol- 
 low'd the fame Faftiion, and taken alfo the Name 
 of thefe Saints -, and the Eftates particularly belong- 
 ing to the Rofnan Church are call'd St. Peier^s : 
 Which gave occafion to that way of fpeaking among 
 the ancient Writers, The Patrimony of St. Peter, 
 the Lands of St. Peter ; the Patrimony of St. J^ol- 
 linarius, (^c. 
 
 (i) The Fraternity of Pain- 1 de Fratlz, which is the Name of 
 t rs in Venice. j the great Convent of Cordelicn 
 
 (2) The Author calls them I in Vc'dce. 
 
 And 
 
Benefices <3;;7<3^Re VENUES. 77 
 
 Andbecaufe Christ is the univerfal Head, and 
 Prote6tor of all Churches, all that belongs to the 
 Church in general, cr to any particular one, is calFd 
 the Patrimony of Jesus Christ •, which is the 
 fame thing as to fay, the Patrimony of the Church 
 whereof Christ is the Head : And in the fame 
 fenfe the Ellates of the Republick o^Venice are call'd 
 St. Mark's^ from a Republick which bears the Name 
 of that Saint. 
 
 In truth all the Acquifitions of the Church, when 
 her Efi;atcs lay in common in every Diocefs, be- 
 long'd properly to the Univerfal Church, to whom 
 all Donations and Legacies were made. It is cer- 
 tain, they could only be acquir'd by thofe, whom 
 the Laws made capable of taking them. The Laws 
 of Conjlantine granted this Privilege to Chriftian 
 Communities or Societies ; that is, to all the Body of 
 Chriftians inhabiting in the Cities to which they were 
 granted. The Dominion or Propriety therefore of 
 thefe Eftates is in thefe Communities. 
 
 But after Divifions came to be made, and Benefi- 
 ces to be inftituted, then follow*d Legacies and Do- 
 nations to particular Churches, and frequently to 
 fome particular ufe of Piety. So that there is no 
 determining who is the Owner, Proprietor, or 
 Patron of thefe Eftates, and where the Right lies, 
 without feeing the particular Difpofitions of the Wills 
 and Donors. 
 
 To end this Argument upon the fullcft Examina- 
 tion, it muft be concluded, that the Prelates, and 
 the other Ecclefiafticks, are the Guardians, Admini- 
 ftrators, and Difpofcrs of the Eftates of the Church, 
 to purfue and execute the intention of the Donor or 
 Teftator, and to no other purpofe whatfoever : 
 And that the Proprietor or Patron of them is the 
 Perfon, or Community, to whom they have been 
 )^Q given or bequeath'd. 
 
 And 
 
yS 0/" Ec CL ESI A S T I C A L 
 
 And therefore all Governors of the Church ought 
 with confcientious Care to review and ponder the 
 Conditions of thefe Endowments •, for the Negle6l of 
 \vhich, nothing but human Frailty can be pleaded. 
 Nor ought any Man to imagine, that Prelcription 
 or longUfage can have any force here, feeing no Man 
 can pretend to any Benefit from Prefcription, where 
 Integrity and good Confcience is wanting. And 
 how can any Claim be laid to thefe, where every 
 Man knows, and is confcious, that thefe Eftates 
 have not been bequeath'd by the Donors, to be em- 
 ploy'd as we frequently find them ? 
 
 QUESTION III. 
 
 BUT v?ho fhall be the Proprietor of thofe Ec~ 
 clefiafticks Eftates, whofe Inftitution is not known ? 
 By the Natural and Civil Law, an Eftate falls to the 
 Community or Publick, when particular Owners 
 fail *, and by confequcnce, in this Cafe, it will fall 
 to the Church : which, in fliort, is no more than to 
 fay, That the Beneficiaries are the Difpenfers of the 
 Eftates of their Benefices, that the Proprietor is he 
 to whofe Favour the Donation or Will is made ; 
 and if he be not known, the Right refls in the 
 Church. 
 
 It is no Anfwer to fay, that there are Laws both 
 Civil and Ecclefiaftical, which forbid the Aliena- 
 tion of thefe Eftates •, for the Minor or Pupil is the 
 true Proprietor of his Eftate, and yet hath no Power 
 to alienate. The Propriety or Dominion of a thing, 
 in its largeft Extent, is a Right of doing whatever 
 a Man pleafes with his own, as far as the Law allows ; 
 which lays a Reftraint on fome fort of Proprietors, 
 who need diredlion ; of which Communities and So- 
 cieties of People are one. 
 
 We 
 
Benefices and Revenues. 79 
 
 We are not to wonder, if in Queftions of this 
 nature, in which the Pope is determin'd to be the 
 abfolute Proprietor of all Benefices and Eftates, 
 belonging to the Church, there fhould be fo many 
 modern Writers, ready to maintain Opinions fo con- 
 trary to thole of Antiquity, and to the Cuftoms 
 and Inftitutions, which draw their Original from the 
 Apoftles themfelves, and other Apoftolical Men. For 
 whereas St. Cyprian very fenfibly complains, as of 
 one of our human Imperfections, that interefled Men 
 fet themfelves to adapt their Do6lrine to the de- 
 praved Manners and Cuftoms of the Age; when, on 
 the contrary, thefe ought to be regulated by good 
 Do6lrine and good Laws. 
 
 To which this Obfervation may be added. That 
 in the courfe of fo many Ages, there never were 
 any Novelties introduc'd, even in Religion, which 
 have not inftantly found their Defenders. And there- 
 fore it is no wonder, if this happen, where new 
 Cuftoms and new Methods are introduced, con- 
 triv'd and made fubfervient only to the Ends of ac- 
 quiring Riches, and even to authorize the Purfuit of 
 worldly Interefts, to which human Nature is fo ad- 
 di(fled. 
 
 CHAR XXII. 
 
 THE extream Diforders and Confufion, which 
 the great Variety and Changes of fo many 
 Kings and Emperors in thofe Times brought upon 
 Italy in the civil Government, affcfled no lefs the 
 Ecclefiaftical Affairs : The Bifhops and Abbots be- 
 ing fometimes made by the Princes, fometimes in- 
 truding themfelves by their own Authority ; the 
 other Minifters of the Church being alfo made, ei- 
 ther 
 
So CyEcCLESIA STIC AL 
 
 ther by thofe who govern'd the Cities, or by the 
 Bliliops •, and fometimes again by thofe, who had 
 the Power irr their Hands, or the Favour of the 
 People, poiTelTing themfelves of .the Benefices. 
 
 In the Year 963, Oiho of Saxony * entered Italy, 
 and fubdu'd it by Arms ; und in order to fettle fome 
 Form of Government there, he aflembl'd a little 
 Council of Bifhops, wherein he depos'd Pope John 
 XII. tho' he was of an illuftrious Family, and had 
 great Intcreft and Dependencies in Rome: But he 
 had been made Pope at 1 8 Years of Age, and had 
 difhonour'd the Pontificate by Adulteries, Perjuries, 
 and the reft of his Behaviour, little fuitable to his 
 Charafter (a). 
 
 Otho oblig'd the Roman People, and Pope Leo VIIL 
 who had been put in the place of Pope Jchn^ to give 
 up to the Emperors the Pretenfions to the Right of 
 Ekfting the Popes (Z'), and the other Bifliops in 
 Italy. For 2^ Years, until the Year looi, this 
 Prince, his Son, and his Grandfon, of the fame 
 Name, preferv'd this Right in themfelves : And of 
 1 2 Popes, which were within that fpace, two were 
 
 * This TR'as Otho the Grand- 
 fon of the Emperor, furnam'd 
 the Fo-zvlcr. 
 
 {a) Joannes XIII. (Platina 
 cath him not the XII.) Patris 
 Alberici poteiitia fretus, Pon- 
 tificatum occupat, homo fane 
 omnibus probris &: turpitudinc 
 contaminatus, venatiohibus ma- 
 gis, fiquid temporis a Libidi- 
 nibus lupererat, quam orationi 
 deditus. And fame Lines after, 
 Pontificium munus hiim.eris fuis 
 uequaquam conveniens fibi delu- 
 mit.— Otho, compofito aliquan- 
 tum ila;u Civitatis Concilium 
 
 iiidicit, convocatis Epifcopis I- 
 talia:, quorum iudicio vita fce- 
 leratilhmi hominis dijudicaretur. 
 {b) Cives vero {faith Luit- 
 prand, chap. b. to^^K-ards the end) 
 landum Imperatorem cum fuis 
 omnibus in urbem fufcipiunt, 
 fidelitatemque promittunt, hjec 
 addentes, 6: £rmiter jurantes, 
 nunquam fe Papam elefturos 
 aut ordinaturos praeter confen- 
 fum, ac cleftionen Domini Im- 
 peratoris Othonis Caefaris Au- 
 gulH, filii iphus Regis Othonis. 
 Vide cap. n . 
 
 made 
 
Benefices ^;;<3^ Revenues. Si 
 
 made by the Prince peaceably, and wichout oppofi- 
 tion, the other not without Tumults and Difordcrs : 
 which occafionM one Pope to be carry'd Prifoner 
 into Germany by Otho I. (2), and another by 
 Oiho II. (3}. There was alfo another Pope who was 
 ftrangled by one who afpir'd to his Dignity : Ano- 
 ther robb'd the Treafury of St. Peler, and fled {c) : 
 Another went into voluntary Banifhment (d). So 
 that confidering we meet with fevcral Po{)es in thole 
 days, who, as Baronius obferves, are plac'd in the 
 Catalogue only to make up the Number (e)^ the 
 Church had then in effed no oiher Head but 
 Jesus Christ himfelf. 
 
 (i) Benedia V. eleSled fedl- 
 tiou/Iy by the Faction and Kindred 
 of John XII. Cum Imperator 
 {faith Platina) hanc elediionem 
 nequaquam probaret & Romanos 
 compulit, pulfo Benedifto, \e 
 tledico potius Leonem fufcipere 
 
 — Otho in Germaniam re- 
 
 diens fecum Benedittum ipfum 
 duxit, qui non multo poit do- 
 lore animi apud Hamburgum 
 moritur, ubi relegatus erat. 
 Vide Luitprand, cap . i I . 
 
 (3) Benedidtus W. cr rather 
 according to Panvinius, thi \ th: 
 feeing he ivho ijcent hy tits Name, 
 and ivas chofen by the Failian cf 
 John XIII. nuas Jntipope, as 
 ha-ving been chofen in the Life- 
 time of Leo VlII. ^vhich Leo 
 had been lu'vofilly chofen. Bene- 
 didus VI. [faith Platina) a 
 Cintio Rom. cive prnepotenti 
 captus, in fandi Angel i arcem 
 includitur, eodemque in loco ncn 
 multo poll ftrangulatur. 
 
 (f) Bonifacius VII. {faith 
 Platina in his Life) relinquere 
 urbem coaftus, preciofiffima qus- 
 que e Bafilica Petri iubtrahens, 
 Conflantinopolim contugit, ubi 
 tamdiu conllitit, quoad diven- 
 ditis, quae facrilcgio abftule- 
 rat, magnam vim pecuniarum 
 
 compaiafll't Pontifex Rom. 
 
 iacroruiu Pater &c Rex, iacra 
 ipla furto abllulit ; & qui vin- 
 dicate facrilegia debuerat, tanti 
 lacrilegii fadus eft author. 
 
 [d] Jcannes XVII. [avhich 
 ought to he John XVI.) agita- 
 tus feditionibus a Crelcentio 
 Confule Romano imperium ur- 
 bis fibi vindicaie conantc, cupi- 
 ditate hominis cedens, exulatum 
 in Helruriam abiit. Platina in 
 •vita. 
 
 [i) Qui ncn fint, nifi ad 
 confignanda tantum tempera in 
 Catalogo Romanorum Pontifi- 
 cum. Script: ad a\7:u~i 912. 
 
 G 
 
 But 
 
82 Cy Ec CLESI ASTIC A L 
 
 But the other Bifhops and the Abbots were made 
 by the Emperors (/), without any Contradi6lion. And 
 therefore upon the Death of a Bifhop, his Staff and 
 Ring were carried to the Emperor (g), who gave 
 them as the Ceremony of Inveiliture, to the Perfon 
 on whom he conferr'd the Benefice. And the new 
 Bifhop being confecrated by his Metropolitan, or by 
 the neighbouring Biftiops, went to take PolTenion : 
 This is a method yet obferv\l in France and German), 
 But other lefler Benefices were difpos'd by the Bifhops 
 or Abbots, on whom they depended j except when 
 the Prince nam'd one to a vacant Benefice, and 
 then it was never difputed : Or when he thought 
 fit to recommend one to be provided for, when a 
 Benefice fiiould fall, which Expedative or Reverfion 
 was fure to be made good by the Bifliop at the next 
 Vacancy. 
 
 In this Method the three Otho^s governed the 
 Affairs of the Church, and without any Con- 
 troul from the Popes •, tho* Otho II. had refided a 
 
 (f) It was not that Eledi- 
 ons were abolifh'd, but only 
 made null without Inveiliture 
 from the Emperor. As Hugh 
 de Flanjign^i obferve:, fpeaking 
 of Anfdin de Luccuy and of ano- 
 ther Bifhop. 
 
 Cum ergo, faith he, prxfto- 
 larentur diem confecrationis fux, 
 ^'cncrunt nuncii Regis Henrici 
 Rom am, rogantes, ut contra 
 morcm Pr?.deccfforum fuorum 
 Dominus Papa [this kvcis Gre- 
 gory VII.) cos coniecrare vel- 
 ]ct, qui Epifcopatus elediouen 
 loiam, non avuem donum per 
 resjiam a:ceneranc invcllituram. 
 
 i'^z- 
 
 In Chronica Verdunenji, 
 
 I 96. 
 
 { g) Rex autem uti volens 
 au:horitate, & confuetudine, & 
 auto;alibu3 Privilegiis Impera- 
 torijm, qui a Caiolo magno per 
 trectntcs h eo amplius annos 
 imperaverant fub 63. Apolicli- 
 cis, dabat licite Epifcopatus, & 
 Abuatjas, & per annul um & per 
 virgam. Sigeba tus in Ch/onicOj 
 an It. 4. Vide Crantz Vandal. 
 lib. 6. cap. 25. Gronem. ep. 8. 
 ad Richer. Senoacnfem IVilliclmum 
 f'yrium de hello facro, lib. i. cap. 
 13. is' Goffrid. Vindocinenfem . 
 tract atu 2. pag. 278. 
 
 long 
 
Beis^efices ^;/<3^ Revenues. 8^ 
 
 long time at Rome, where, he alfo died and was 
 buried (h). 
 
 The Princes fucceeding the Otbo*s prcferv'd the 
 Right of conferring Bifliopricks and Abbies, and 
 even of Nomination to the other IclTer Benefices, 
 and of granting Reverfions or Expcdatives of Bene- 
 fices before they were vacant : Until th.e Imperial 
 Authority coming to diminifh in Rom:-, the Church 
 relap^'d into the former Diforders. For tho' the 
 People, after having refum'd the Eletlion of the 
 Pope, eleiTted three Popes very peaceably, there broke 
 out fome Sparks of Sedition and Tumult about the 
 Elettion of Benedio"? VIII. (4J, and John XX. (5), 
 who were Brothers, and immediately fucceeded one 
 another ; and after, in that Eleclion of Benedi£i IX. 
 their Nephew, who was chofen at 12 Years of Age, 
 and who, among many other Enormities, made h\Q 
 of a part of the Popedom to one Sihefier III. and 
 another part to Gregory VI. (ij. And all thefe three 
 fill'd their Chairs in Rome at the fame time, with fo 
 much more Scandal and Diforder, as this Gregory 
 made ufe of Arms to maintain his Purchafe {k) ; 
 polfefTing himfclf of the Church of St. Peter^ with 
 a Body ol Horfe and Foot, not without much 
 Slaughter. This brought the Emp:ror, Hejiry the 
 
 {h) Romcc moritiir, & in ve- 
 ftibulo B. Petri (Paradiium vo- 
 cant) labro porphyretico, quod 
 adhuc incrocantibus ad la;vam 
 apparct honoriiiccntillirae fepe- 
 litur. Platina in the Life of 
 Benedict. 7. 
 
 (4) The VII according to 
 Onuphrius. 
 
 (5) The XII. according to 
 Onuphrius in Chron. Pont. llom. 
 
 (/) Benedidus (faith Platina 
 in his Life) Joanni Archiprciby- 
 
 tero S. Joannis ad portam Lati- 
 nam, cjui poller Gregorius VI. 
 appellatus ell, Pomiliciura niu- 
 njs, ut quidain affiimanc, vcii- 
 didit. And fome Lines afters 
 Cum annis decern per intervalla 
 fcdcm Peiri occupallet, tandem 
 nioiitur. Ncc vacaiie turn lo- 
 des dici potcll, cam Pontiilca- 
 tum vend id cr it. 
 
 (k) ViJe Ochon. Frifing. ad 
 annum 1040. lib. 6. cap. 32.^ 
 
 G 2 
 
 Black, 
 
84 0/' Ec C L E SIA ST I C A L 
 
 Blacky into Italy, who pur Benedi^ to flight, fent 
 Sihejler away, and banifh'd Gregory into Germany (/;, 
 and depriv'd the Roman People again of the Power 
 of Eleftion (m). 
 
 After which he made three Popes fucceflively, all 
 Germans^ who, without other Ceremony, took the 
 Pontifical Habit and Ornaments. The third of thefe, 
 who was Bruno, Bifhop of 'TouU having, by virtue of 
 the Emperor's Nomination, taken theHabitof Pope at 
 
 (/) Has ob res [faith Platina 
 in the Life of Gregory VI.) 
 Henricus II. (^v the Account of 
 the German Writers, it is 
 Henry III. othernuife caWd 
 Henry the Black) in Italiam cum 
 magno exercitu veniens, habita 
 fynodo, cum Benediftum IX. 
 Silveltrum III. Gregorium VI. 
 tanquam tria teterrima monflra, 
 abdicare fe magiftratu coegiffet, 
 Suideregum, Bambergenfem E- 
 pifcopum, cui Clementi XI. 
 appellano fuit, Pontificem creat. 
 
 As for Gregory VI. Onuphrius 
 reckons him a legitimate Pope, 
 affirming he was not elefled till 
 after Benedia VIII. Sihrfcr III. 
 and another nam'd John, whom 
 Benediil had taken for his Col- 
 legue, after having driven out 
 Si'l-vefler III. had abdicated the 
 Popedom. 
 
 Quibus, faith he, proborum 
 hominum precibus facerdotium 
 &. fuonun juri cedentibus, quar- 
 tus fuffedtus eft Joannes Gratia- 
 nus, Archi-prtsbyter S. Joan- 
 uis ante portam Latinam Gre- 
 gorius VI. vocatus, qui Cluni- 
 aci Pontificatu privaius, quo ab 
 Lnp. Hcniico HI. relegatus fu- 
 erat, mortuus cIl- Annot. ad ~vit. 
 
 Gregorii VI. And he (Onuphri- 
 us) explains hitnfelf yet more 
 clearly in his Chronicle of the 
 Popes. Cum fponte abdicaflet 
 [fpeaking nf Benedift VIII. cal- 
 led the IXth by Platina) in ejus 
 locum fadtus eil Gregorius VI. 
 Joan. Gratianus Archi-presb. S. 
 Joannis ante portam Latinam, 
 qui imperante Cjefare Henr. III. 
 Aug. iedit annum; coaftus in 
 concilio Sutrii {a little City of 
 the Patrimony of St. Peter in 
 Tufcany) ab Imp. Henrico III. 
 congregate, abdicavit anno 1046, 
 Sc ad monallerium Cluniacenfe 
 relegatus, ibidem Paulo poft 
 obi it Sc fepultus ell. And then, 
 before he na?nes Clement II. 
 nichom the Emperor made be cho- 
 fen in the room of Gregory, he 
 adds thcfe four Words, Schifma 
 in Eccleiia Romana, to make it 
 be undcrfood, that the EleSiion 
 of this Clement ixias not cano- 
 nical. 
 
 [m] Henricus, accepta a Cle- 
 mente Imperii corona, Roma- 
 nos in verba lua jurare coegit, 
 Pontific'izn eledioni fe nequa- 
 quam interfuturos, nifi juffu 
 Imperatoris id facere ccgeren- 
 tur. Platina in qjita Clemen. 11. 
 
 Frcifingen 
 
Be NEFi c Es ^W Re VENUES. 85 
 
 Freif.ngen (6), and continued his Journey as far as 
 Clupii •, Hildehrand^ a Monk bred up in the Church 
 of Sr. Peter at Rome^ a Man of fingular Addrefs, 
 put Bruno upon an Artifice, to bring the Elcdion 
 back again to ths Roman People. He advis'd Bruno^ 
 who had now taken upon him the Nameof Lt'o IX. 
 to habit himfelf like a Pilgrim, and enter Ro7?ie (n) 
 fo difguis'd •, by which he would render himfcU 
 more agreeable to the People. Leo follow'd his ad- 
 vice, and the People at his entry proclaim*d him 
 Pope. But this Precedent was of no more autho- 
 rity, for it hinder'd not the Emperor, when Leo was 
 dead, from choofing Geberard^ Bifhopof Eichjlat^ at 
 Mcntz^ to be Pope -, who forthwith took the Ponti- 
 fical Habit, by the Name oiViilor II {0). And this 
 Emperor did not only then difpofe the Benefices, 
 but made Laws againft thofe, who obtained them by 
 Simony ; pardoning pad Faults, and impofing Pe- 
 nalties for the future. 
 
 (6) A City of Ba'-varia, un- 
 der the Archbifhoprick of Saltz- 
 bourg. 
 
 {») Cui Romam Pontifico 
 habitu pctenti. Abbas Clunia- 
 cenfis &: Hildebrandus Mc- 
 Xiachus, obviam fafti, perfua- 
 ferc, v.t dcpofito Fontiiicali or- 
 natu, Romam privatus ingrc- 
 dcrctiir, quod dicerent Kenri- 
 cum nidlam creanJi Pontificis 
 poteftatcm a Deo habere ; fed 
 ad Cleriim, ropuiumqi:e Ro- 
 manum id pertincre. Motus 
 his verbis Leo, depofuo Ponti- 
 ficio apparatu, privatus urbem 
 ingreditur. At vcvo Rom. Cle- 
 
 rus, fuadente Hildebrando, e- 
 undem Brunonem in Pontificerh 
 digit ; eo libentius, quod om- 
 nem authoritatem eligendorum 
 Pontificum ab Imperatore ad 
 Clerum tranftuliflct. Platina in 
 njita 
 
 h) Viaor II. (fau/j Onu- 
 phrius if! his Chronicle of the 
 Popes) Suevus Germanus, Gc- 
 bohardus, Comes Calbeniis, 
 RpiLop. Eicftatenfis, Henr. Ill, 
 Imperatoris Confjliarius, & pro- 
 pinquus, creatus ab Hcnf. III. 
 Moguntiae, & coronatus RomXj 
 ibid. Jpril. 10 5 6. 
 
 CHAP. 
 
86 
 
 Of Ecclesiastical 
 
 CHAP. XXllL 
 
 TH O' during the Minority of the Emperor 
 Heyir-^ IV. ( Tj, Son of Henr'^ the Blacky the 
 Popes were as yet created with the confent of the 
 Emperor's Tutors, and the Bilhops and Abbots in- 
 verted by him, with the Ring and Crofier-Staff •, 
 however the Popes were not wanting to take the 
 Advantage of his Youth, and of the DifTenfions 
 which arofe among the I'utors : For Nicholas II. 
 made a new Conllitution for the Eledtion of the 
 Pope, whereby the Cardinal- BiHiops were to eled: 
 firft -, fecondly, the other Cardinal-Priefts -, thirdly, 
 the Clergy and the People ; and in the lalt place, the 
 
 (i) Platina{&\t\\, that he had 
 been defign'd Emperor b.y Hil- 
 debrand, when he went to en- 
 treat Henry the Black on the 
 part of the Clergy and Roman 
 People, that he would give them 
 the Bidiop of Eichjiat for Pope. 
 In the LifeofV\£\.ovll. 
 
 But Henry IV. had no Occa- 
 fion to be chofen by Hildebrand, 
 to fucceed to the Empire, which 
 was then Hereditary. 
 
 Cffiiares (faith Goldailus, in 
 repl. pre imperio,cap. iS.j uique 
 ad tienricum V. legitima fuc- 
 rcfTicne Imperium adibant, Sc 
 Gregorius VII. (njuho tv^s this 
 Hiidebrand) Pontificii Eteniina- 
 tus Auflor, Cariaiuni iucceliio- 
 nem turbare primus fuftinuit. 
 
 Tametfi enim (faith another 
 German Laiiyer) poll exciiam 
 
 Caefaris profapiam, Imperatores 
 eligi oportuit, id tamennunquanx 
 contigifle legitur, nifi Legitimus 
 fuccelfor deficeret. Et Henricus 
 Bambergenfis {this njuas the Em- 
 peror Henry II. formerly Count 
 of BambergJ Othonis III. So- 
 Drinus, hsreditario jure fibi 
 imperium deberi contra Coloni- 
 enlem coniendebat. Lampad. Rei- 
 publ. Rorian. Germanicic, parte t^. 
 cap. 4. 
 
 And befides, how could Hil- 
 dcbrand, who was but an En- 
 voy from the Rotnan People, 
 make an Emperor, Juthoritate 
 Legationis, to ufe Platina's 
 Phrafe, feeing the Pope him- 
 felf had not this Power ; and 
 that, on the contrary, the E- 
 leftion of the Pope depended 
 on the Emperor's Confirmation ? 
 
 Emperor 
 
Be NEFicES a;^^ Re VENUES. Sy 
 
 Emperor was to be apply*d to for his Concurrence (a). 
 But Alexander IT. his SuccefTor, having been chofen 
 after this Model, the Emperor would neither confirm 
 him, nor admit the excufes which the Cardinals made 
 him, by one expredy deputed out of their own Body : 
 And rho' they reprefcntcd, that all they had done, 
 had been to avoid a terrible Civil DifTenfion, and 
 that all had been carried with the higheft Refpedt 
 to the Emperor, feeing the Perfon elefted was his 
 Friend, yet he nam'd the Bifhop o^ Parma (2) to 
 the Popedom, at the Inftance of Gerard (3) of 
 Parma his Chancellor. 
 
 But three Years afcer. Changes happening in the 
 Imperial Court, and the Chancellor, Gerard^ being 
 difplaced, the Bifhop of Parma alfo was depos'd, 
 and Alexander acknowledg'd for Pope (4^. And a 
 League being form'd betwixt the Bavarians and 
 Saxons in the Year 1072 againft the Emperor, the 
 Pope join'd himlelf to their Party, came into the 
 League, and the next Year cited hmi to Rome^ upon 
 
 [a] Deccrnlmus &; flatuimus, 
 ut obeunte iiujus Romanse Ec- 
 clefuy Pontif.ce, in primis Car- 
 dinales Epifcopi fimul de elec- 
 tione trailfcantes, niox CliriiH 
 Clericos Cardinales adhibcanc : 
 Sicque reliqaus Clcrus & Popu- 
 lus ad con^eai'mu nov^s tlec- 
 
 lionis accedat Eligatur autem 
 
 de ipfius grcmio, li reperitur 
 idoneus, vel fi de ipla nun in- 
 veniiur, ex alia ailamatur, falvo 
 debito honoie, h rcvcrentia di- 
 Iccti (ilii no'lri Ifenrici, qui fu- 
 turus Imperator, Deo concedcn- 
 te, fperatur, ficut jam fibi con- 
 cefTimus & fu.ccefrorihus illius, 
 qui ab liac Apolt. fedc perfo- 
 
 nalitcr hoc jus impetraverint. 
 Difi. 23. C. in No?mne. 
 
 (2) Who, according lo Onu- 
 phrius, was ot the Houle of 
 Palla-vicini. 
 
 (5) Platina calls him Gibert^ 
 and lays he w as Governor of the 
 Kingdom of Italy ; Onuphrius 
 calls him Gibcrt of Conigia. 
 
 (4) Piati?:a faith, ihat at the 
 Emperor's defire he pardon'd 
 the Bifliop of Pi?;v;.a, and gave 
 the Archbi(hopritk of Ra-canm 
 to Gihert (or GtrarJ,) who was 
 afterwards created Anti-Pope, 
 under the Name aiClcment III. 
 in 1080, and lield the Scat •■in- 
 lil the Year i loi. 
 
 ati 
 
88 0/" Ecclesiastical 
 
 an Accufation of Simony (^), for having fold Tome 
 Bifhopricks. This Proceeding, as it was very afto- 
 nifliing, made much noife in the World, no Pope 
 having hitherto made fo bold a Step. But the Me- 
 mory of it was foon loft in the Death o^ Alexander^ 
 to whom fucceeded HiUebrand the Monk (5}, under 
 the Name of Gregory VII. 
 
 The Emperor being yet young, and Germany all 
 in Commotions, this Juncture invited the Pope to 
 exclude him intirely from the Eledlion of the Bifhops 
 and Abbots, and to that end fent him a Monirory ; 
 whereby the Emperor was forbid to concern him- 
 felf any more in thofe Difpofitions (6). To which 
 the Emperor making a ftrong oppofition, the Pope 
 excommunicated him, abfolv'd his Subjeds from 
 their Oath of Allegiance (c), and depriv'd him of 
 
 the 
 
 [h) Annus erat port mille 74. 
 quo anno Colonienfis & Her- 
 mannus Bambeigenfis Pontifi- 
 ces Romam mifli funt, pecuni^ 
 inde Regiae debits colligendae 
 gyatia : Qui Legatione peiafta, 
 Literas Alexandri Papx dctu- 
 lerunt, regcmque vocarunt, ad 
 iatisfaci^ndum de Siinor.iaca ha;- 
 rcfi, cgeteri.que nonnullis magna 
 emendatione pargandis, iuper 
 quibus Romse Rex erat delatus. 
 krant-z. Hiji. Saxon. peg. lG6.b' 
 Abhas Urfperg. anno 1 072. 
 
 (5) The Author adds, of 
 Sienna ; bat he was of Soatia, 
 a little Town in Tufcany, un 
 dcr the Archbilhop of Sictma. 
 Gregorius VII. faith Phuina, 
 Patria Scanenfis. And Onu- 
 phrius adds. Ex Comitibus Pi- 
 tiliani, & Soana:, Monachus & 
 prior olim Cluniacenfis. In 
 Chron. Rom. Poni. 
 
 (6) Plativa (faith that Gre- 
 gory) forbid only his felling 
 the Bifhopricks and Benefices, 
 under pain of Ecclefiaflical Cen- 
 fures. In the Life o/"Greg. VII. 
 
 [c) Platina reports the Form of 
 Excommunication of the Empe- 
 ror Henry iV. in thefe Therms ; 
 Beate Petre Apoltolorum Prin- 
 ceps, inclina, quaefo, aures tuas, 
 & me fervum tuum exaudi, 
 quern & ab infantia educafti, & 
 ufque ad hunc diem ab inimico- 
 rum manibus vindicalH, qui me 
 pro mea in te fide oderunt & 
 perfecuti funt. Fateor ego, 
 :iuhi tua gratia, non meis meri- 
 ts Populi ChrilHani caufam de- 
 niandatum effe, conceflamque 11- 
 gandi & folvendi potellatem. 
 Hac itaque fiducia fretus, omni- 
 pctentis Dei nomine, Patris, 
 hilii, & Spiritas Sanfti, Hen- 
 ricum 
 
Benefices and Revenues. 89 
 
 the Adminiftration of the Kingdom of Ital^ and 
 Germany, He alfo made a League with the Rebels, 
 and drew the Emperor's own Mother inro it againfl: 
 her Son ; excommunicating withal the Bifliops, who 
 were his Miniftcrs, or in any Employmeuts under 
 him : And betwixt the Years 1076 and 1085, when 
 the Pope died in Exile at SaUrnumy he had ex- 
 communicated the Emperor four times, befides a 
 General Di^cree he publilli*d on the fame occafion, 
 importing, That if any Clergyman fhould accept a 
 Biflioprick, Abby, or any other Benefice from the 
 hand of a Layman, he (liouid no longer be reputed 
 of the Order, but be excluded from entering the 
 Church : And that all Kings, Dukes, MarquifTcs, 
 Counts, or any other fecular Lords or Powers what- 
 foever, who Ihould be fo hardy to pretend to give 
 Inveftitures of Benefices, fhould incur the fame 
 Cenfures (d). 
 
 The 
 
 ricum Regem, Henrici quon- 
 dam Imperatoris filium, qui 
 audafter nimium, & temeiarie 
 in Ecdefiam tuam manum inje- 
 cit, Imperatoria, Regiaque ad- 
 minillratione dejicio, & Chri- 
 itianos omnes Imperio fubjedlos 
 juramento illo abfolvo, quo fi- 
 dem veris Regibus prseltare con- 
 fueverunt. In the fame Life. 
 
 It is worthy obiervation, that 
 it is by the Force of th-isExccm- 
 TOunication, that the Popes have 
 begun to fliake ofF the Yokf of 
 the Emperors, whofe Vaffals 
 they were, and which is more, 
 to afTume a Right of taking 
 away the Crown from thole, 
 who always had the Power of 
 dcpofing the Popes, whenever 
 
 they abusM the Pontifical Au- 
 thority. 
 
 [d) Authoritate omnipoten- 
 tis Dei decernimub, ut qui de- 
 inceps Epifcopaium, vel Cceno- 
 bium, vel aliquid aliud Eccle- 
 fiafticum bencficium a Laico 
 acceperit, nuUo modo in numero 
 Epiicoporurn, Abbatum, vel 
 Clericorum cenfeatur : Eifdem 
 quoque cenfuris teneri volu- 
 mus, & alligari Reges, Duces 
 & Principes, qui Epifcopatus, 
 Ecclefiafticafve dignitates, quod 
 contra jus fafque elt, dcmandare 
 
 alicui fuerint auTi Pra^terea 
 
 vero gratiam S. Petri, & ingrei- 
 fum Ecclefia; his interdicimus, 
 quoufque pcenituerint fatisfecCf 
 rintque. Ibidem. 
 
 It 
 
go 0/" ECCL ESIAST I CAL 
 
 The Emperor, fecondcd by the greater Number 
 of the Bifhops, who follow'd his Party, maintain*d 
 his Caufe fo v/ell, by Arms, againft the Pope and 
 his Adherents, that they ran a very imminent Ha- 
 zard in the Cont<rft. But Pope Gregory^ who had 
 before excommunicated the Normans, as Ufurpers of 
 the Kingdoms of Sicily and Ajulia^ now had re- 
 courfe to their Affiftance, took off their Excommu- 
 nication, and made ConccfTions to them in every 
 Point, which before he had made the Ground of his 
 Quarrel. And if (upon this Agreement, and to bal- 
 ls nee the Emperor's Power) Robert (7) King of6'/f:/7;y 
 and Naples., had not, from perfecuting the Pope, 
 turn'd his Arms 10 his Defence, the Quarrel had 
 ended intircly to the Emperor's advantage (8). 
 But the Pope, tho* at that time an Exile, with the 
 Afllftance of Robert^ fail'd not to fupport his Party. 
 
 It is to be obferv'd, that 
 Gr.'gory, to colour his unjufl 
 Deligns to take away the Right 
 of Inveliiture from Princes, 
 rank'd it among fpiii tual Things : 
 tho' it was no i«ore than a meer 
 civil, and politick Ceremony, b)' 
 which Princes put the Bilhopt 
 and Abbots in Pofleflion of the 
 Fiefs and Eftates, belonging to 
 the Eifhopricks and Monaiteries : 
 For to fay, that becaufe Bifhops 
 carry a Paftoral Staff, which 
 fignifies a S^uritual Jurifdiftion 
 over their Flocks, and wear a 
 Ring on their Finger, as a 
 Type of their Marriage-Contrad 
 with their Church, that it there- 
 fore looks as if Princes would 
 pretend to convey ipiritual Pow- 
 er, which they have not : This 
 is a fophifiical Interpretation, 
 which cor-founds the Tempo 
 
 ralities of the Benefice (of which 
 the Prince, as hrll Proprietor, 
 and Repreleptative of the People, 
 hath tJie Dilpofal) with the 
 Spiiituals'; whicii cannot be com- 
 municated but by the Impofition 
 <jf thoie Hands, who confecrate 
 Jiifhiops : A Conlecraticn which 
 would be of no fignihcancy, 
 and ridiculous, if the :nvelli- 
 ture of the Prince confcrr'd 
 ipiritual Aii^Jiority. 
 
 (7) Call'd Guifchard, that is 
 to -.ay. The Crafty. 
 
 (S) Machia'vel, lib. 1. Hifl. 
 of Florence faitii, That from 
 thefe Quarrels betwixt Empe- 
 rors ana Popes, arofe the Facti- 
 ons of Guelphs and Gibelins, of 
 which the firit took part with 
 the Pope, the other with the 
 Emperor, 
 
 And 
 
Benefices and Revenues. 91 
 
 And the continu'd Services of three of thefe Rogers, 
 all Princes of the Family o^ Robert y to the two Suc- 
 ceflbrs of Gregory^ both Monks of the fame Order, 
 procur'd from the laft of thefe Popes, Urban II. a 
 Prefent of the Bull of the Monarchy of Sicily (p) 
 to one of the Princes, in recompence of all the Ser- 
 vices perform'd by the Normans to the holy See : 
 By which Bull, he granted a larger Power over Ec- 
 clefiaftical Affairs, than that which he attempted 
 with fo much pains to extort out of the Emperor's 
 hands. 
 
 Againfl whom, Pope Gregory^ befides his repeated 
 Excommunications, and the frequent Rebellions 
 which he ftirr'd up and fomented, prevail'd even 
 with the Emperor's eldeft Son (lo), to join in Re- 
 bellion 
 
 (9) Which declar'd him born 
 Legate of the holy See, and as 
 fuch, conftituted him Judge of 
 Ecclefiaflical Caufes. Tho' this 
 Grant be Apocryphal, and in- 
 tirely fiftitious, in the Opinion 
 of the Learned, yet the King of 
 ^pai7i and his Minifters fail not 
 to take the Advantage of it, in 
 itb utmofl Rigor, even to the ex- 
 communicating Priells, Monks, 
 Abbots, Bifhops, and Cardinals 
 themfelves, who refide in the 
 Kingdom ; and to attribute to 
 themfelves the Title of Aloft 
 Holy Father. In the Year 1 556, 
 the Council of State or Sicily, 
 which took upon itfelf the Qua- 
 lity of the facred College, pub- 
 liih'd a Bpok, intitl'd. The Mo- 
 narchy, with defign to authorize 
 the Spiritual Sovereignty. Car- 
 dinal Baronius hath writ againit 
 it, Tom. II. of his Annals, but 
 
 fucceeded fo ill, that the Vice- 
 Roy of Naples and Sicily, and 
 the Governor oi Milan fupprefs'd 
 this Volume, without any regard 
 to the Complaints made by the 
 Cardinal, in his Letters to Phi- 
 lip III. King oi Spain. 
 
 (10) Com ad, who took the 
 Title of King o^ Italy, and made 
 himfelf be crown'd at Milan: 
 After which he married the 
 Daughter of Roger King q^ Si- 
 cily, who gave him powerful 
 Affiftance againft the Emperor 
 his Father. So that one of our 
 Advocates-General, of the lall 
 Age, whofe Name I have for- 
 got, had reafon to fay, fpeak- 
 ing of Gregory VII. tiiat under 
 him, the K^mijh Church was 
 truly the Church Militant. 
 
 And yet a Jacohin Friar of 
 Enghien, was not fcnfible hg. 
 made himfelf ridiculous in wri- 
 ting: 
 
92 Of Ecclesiastical 
 
 bellion againft his Father, who by this means was 
 ahnoft driven out of Ital'j : And the fucceeding 
 Pope (ii) puiTuing the fame Methods, in carrying 
 on the War, pour'd out his Excommunications 
 afrefh upon the Emperor, plied him with frequent 
 Rebellions, ply*d his fecond Son Henry againft him, 
 and pcrfuaded him likewife to take Arms. So that 
 at Lngth the Emperor, after great Viciffitudes of 
 Fortune, came to an Accommodation *, but was de- 
 ceiv*d in the Conditions, and in the end reduc*d to 
 a private Life, by a Refignation of the Empire to 
 his Son (12). 
 
 After the Death of the Emperor Henry IV. Pafchn!^ 
 the 4th Pope (13), (reckoning from Gregory VII. 
 who firft took up the Spiritual Arms of Excommu- 
 nications, to wreft the Inveftiture of Bilhops and 
 Abbots out of the Emperor's hands) held firft a 
 
 ting an Apology for St. Gre- 
 gory VII. in anfwer to Father 
 Jlexander, a Learned Brother 
 of the fame Order. After which 
 he might well think of making 
 another for Pope Julius II. who 
 fo nearly reiembl'd Gregory VII. 
 (11) Viiior III. who had been 
 Abbot of Mount-Cajfin. 
 
 ( I 2) Whom he had caus'd to 
 be crown'd King of the Romans 
 at Aix-la-Chapeile, Anno 1099. 
 This unnatural Sen, feeing 
 his Father come with a power- 
 ful Army to the Dyet held at 
 Me-nlz, in "January, An. ioc6, 
 went to meet him, and carting 
 himfelf at his feet, begg'd 
 pardon, with all the outward 
 Marks of a fmcere Repentance. 
 The Emperor was wrought up- 
 on with this feign'd Submif- 
 fion, and they both went toge- 
 
 ter to Bingen, where the Son 
 deluded the Father, raifmg a 
 Jealoufy in him. That the 
 Archbifhop of Mentz might 
 keep him Prifoner, if once he 
 enter'd that City, before he 
 was abfolv'd from his Excom- 
 munication : That therefore it 
 were more advifeable for the 
 Emperor, to ilay Hill at Bingen 
 while his Son went to open the 
 Dyet at Mentz, and try to dif- 
 pofe the Princes of the Pope's 
 Party to a Reconciliation. The 
 Emperor fwallow'd the Bait, 
 and his Son going without him 
 to the Dyet, got himfelf pro- 
 claim'd Emperor, at the Re- 
 qucll of the Legate, who af- 
 fifted there in the Pope's Name. 
 (13) Gregory VII. Fiaor III. 
 Urban U. Pafcalll. 
 
 Council 
 
Benefices and Revenues. 93 
 
 Council at Guaftalla^ a little Town in the Dutchy of 
 Mantua^ and then another at Tropes in France, in 
 which he renew'd the Decrees of Gregory VII. and 
 Urban II. importing. That no Laick fliould inter- 
 meddle with the Collation of Benefices (14), 
 
 In France thefe Decrees were not admitted, but 
 the King maintain'd the former Ufa^e, as alio the 
 Emperor Henry V. who was his Father's fecond 
 Son. This Prince, in the Year 1 1 10, marching in- 
 to Italy with an Army, in order to receive the 
 Crown of the Empire, and the Pope having refus'd 
 to crown him, while thofe Differences were depen- 
 ding ; they were compromis'd in this manner. That 
 the Emperor fhould come to Rome to receive the 
 Crown, and that no mention fliould be made of 
 the Inveftitures on either fide \ but as an Affair, 
 which had bred fo much difturbance, be dropp'd in 
 filence. The Emperor came accordingly, and the 
 Pope believing himfelf the ilronger, would have 
 oblig'd him, contrary to the Agreement, to have re- 
 nounc*d the Invefi:itures. But the Emperor, having 
 taken a better efi:imate of his own Strength, had 
 the courage to demand a Revocation of thefe De- 
 crees, faying. He would not be lefs than Charlemaigu, 
 Ludovicus Pius, or the Debonair e^ or ether his Pre- 
 decefibrs, who had enjoy'd the undifputed PoficfTion 
 of the Inveftitures*. This enflaming the Quarrel, 
 the Emperor feiz*d on the Pcrfons of the Pope, and 
 tiie greater number of Cardinals, and carry'd them 
 
 (14) Plaflna in the Life of 
 Urban II. faith, That one Hen>y 
 Bifl-iop of Soijhns lefign'd his 
 Biflioprick into the Pope's 
 hands, as not believing the 
 King of France, who had pre- 
 fcated, had a Right to nomi- 
 nate ; and took an Oath to tlse 
 
 Pope (who relloi'd the Bifhop 
 to his Bi(hoprick) That he 
 woald never alfilL at the Con- 
 fecration of Bilhop?, which 
 fhould be preientea by La\'- 
 Hands. 
 
 * Vide Sigebert Gemblacenf. 
 in Chionico, Anno 1 1 1 1 . 
 
 Prifoners 
 
94 Of Ecclesiastical 
 
 Prifoners out of Rojne. This produc'd a Treaty 
 again, by which the Pope confented to crown Henry 
 Emperor, and to yield to him the Collation of Be- 
 nefices ((?), and no more to excommunicate him 
 for exercifing that Power: All which the Pope 
 fwore to obferve. Then celebrating Mafs, the Pope 
 took, and gave the Sacrament upon it, dividing the 
 Hoft betwixt himfelf and the Emperor (/j, pro- 
 nouncing the moft dreadful and execrable Impre- 
 cations on the Violaters of this Peace. 
 
 When the Pope return'd to Rojne^ he declar'd ftill 
 he would obferve it: Neverthelefs, his Legates took 
 the liberty to excommuniccte the Emperor, and 
 two Years after, in the Year in2, thefe Impre- 
 cations had fo loft their Force, that he held a 
 Council, in which he confirm'd the Decrees of the 
 Popes Gregory and Urban, that none ftiould receive 
 Inveftitures from Lay Hands; and procur'd alfo 
 the late Pacification with the Emperor to be annuU'd 
 
 {e) In Reconciliatione autem 
 qus fafta eft inter Imperatorem 
 & Papam, (nam ipfum Papam 
 cum Epifcopis, & Cardinalibus 
 ceperat) die Paichae Henrico in 
 Imperatorem coronato, poft Le- 
 dum Evangeliam, tradidit ei 
 Papa ante altare Apoftolorum 
 Petri &■ Pauli, in oculis omni- 
 um Principum Privilegium de 
 Inveititura Epifcopatuum, vel 
 Abbatiaro.m tam per annulum 
 <juam per virgam, fcilicet ut 
 regni ejus Epiilcpis, & Abba- 
 tibas, libcre praeter violentiam & 
 Slmoniam tledlis, inveltituram 
 virgc-E & annuli, conferat ; poft 
 invcititioiiem vero Canonice con- 
 
 fecrationem accipiant ab Epif- 
 copo ad quern pertinuerit. <S/- 
 gebertus in Chronica. Anno 1 1 1 1 . 
 K^ Abbas Urfergetijis, eodem anno, 
 (f) Confirmatio pacis inter 
 Apoftolicum & Imperatorem, 
 dum in Celebratione Miflae tra- 
 deret ei Corpus & Sanguinem 
 D. N. Jefu Chrifti : Domine 
 Imperator hoc corpus Domini 
 natum ex Maria Virgine, pafTum 
 in Cruce damus tibi in Confir- 
 mationem verse pacis inter me 
 & te. Sigebertus in Chronica 
 anno cit. 'vide J uretum in Not is 
 ad Ep. 236. I-vonis Car not. 
 pag. 195. 
 
 and 
 
BeNEF IC ES ^/2^Re V EN UE S. 95 
 
 and declar'd void, by that Council (15): And to 
 leave no doubt ot its being fo, he finally excom- 
 municated the Emperor again, in the Year 1 1 16. 
 
 Pope Gelafius II. was immediate SuccefTor to 
 PafcaU and next after him, came CalijlusW. bctwixc 
 whom and the Emperor the Conteft ftill lafted, and 
 he was excommunicated fucceflively by them both. 
 
 Thefe three Popes not only made ufe of Excom- 
 munication, but found him Employment likewife in 
 the fcveral Rebellions, which they ftirrVl up againlt 
 him, and which were headed by Lotharius ot Saxony, 
 whofe Arms had gain'd frequent Advantages againlt 
 him. At length, the Emperor finding himfelf be- 
 fet with fo many Difficulties, renounc'd his Claim 
 to the Inveftitures {g). Thus ended a Quarrel, 
 
 which 
 
 (15) When the Emperor com- 
 plained of the Excommunicaticn 
 thunder'd againft him, fome 
 time after by the Council of La- 
 teran, the Pope, Pafcal, made 
 aiifwer, That he had indeed 
 promis'd, he himfelf never would 
 excommunicate the Emperor, in 
 Claim of the Inveftitures, but 
 n<:ver promis'd that he would 
 not make him be excommuni- 
 cated by a Council. To which 
 the Emperor might have reply'd, 
 That this Excommunication 
 was an ASt of the Pope him- 
 lelf, feeing he had confirm'd 
 it with the Revocation of the 
 InvelHturcs : For the Popes pre- 
 tend, that the Acts of Coun- 
 cil are not valid without the 
 Papal Confirmation. So that 
 both the Revocation and Ex- 
 communication had been void 
 
 if the Pope had not confirm'd 
 them. 
 
 (g) See the Aa itfdf : Ego 
 Henricus Dei gratia Romano- 
 rum Imperat. Augullus pro a- 
 more Dei, & fandlse Romanjc 
 Ecclefiae & Domini Papx Ca- 
 lilfi, & pro remedio animse meaj 
 dimitto Deo, & fanftis ejus 
 Apollolis, Petro & Paulo, lan- 
 fta; Ecclefis Catholics oranera 
 inveilituram per annulum & ba- 
 culum, & ccncedo in omnibus 
 Ecclefiis fieri eledtionem & li- 
 bcrarn coniecrationem. Pofief- 
 fiones &: regaiia B. ^tri, quas 
 a principio hujus dirc<:Jmi2 ufque 
 ad hodiernam diem {\\h tempore 
 Patris mei five etiam meo, 
 ablata funt, qux habeo, eideni 
 fan£lae Rom. EccleiiLE reilituo ; 
 Quse autem non habco, ut relli- 
 tuintur, fideliter juvabo. Pof- 
 feiUcnei 
 
9b Of Ecclesiastical 
 
 which (having lafted 56 Years, under fix Popes) had 
 been the Qcafion of excommunicating an infinite 
 number of People, Ecclefiafticks and Seculars, 
 who had engag'd in the Emperor's Quarrel ; and 
 which had been the Defl:ru6lion of Millions of Peo- 
 ple, on one fide, and the other, in 60 Battles, 
 fought by Henry the Father, and in 1 8 by Renr'^ his 
 Son. XftantcB inolh eral,'] So great a Work it was to 
 lay the Foundation of fo vaft a Sirudlure, which we 
 have fince feen carry'd up to his height : Of which, 
 we fhall have occafion to difcourfe hereafter. 
 
 In the mean time, the Judgments were very va- 
 rious, which were made concerning thefe Differen- 
 ces, betwixt Pope Pafcal and the Emperor : Some 
 faid the Agreement on the Pope's part was void, as 
 proceeding from Fear, and made while he and the 
 Cardinals were under Confinement, and in the Em- 
 peror's power (16) ', and that therefore the Pope had 
 reafon to difown it. On the other fide, it was an- 
 fwer'd. That if this were void, as having been ex- 
 torted by force, that Argument were as good for 
 the Emperor, who was as little bound to obferve 
 all that he had agreed to on his part, to fiielter him- 
 felf from thefe Storms of Excommunications and 
 
 fefliones etiam omnium aliarum 
 Ecclefiarum Sc Principum, & 
 aliorum tarn Clericorum, quam 
 Laicorum concilio principum, 
 & juflitia, qiias habeo ut red- 
 dantur, fideliter juvabo. Et do 
 veram patem Calilto, fanftae 
 Rom. Ecelefiaj, &- omnibus qui 
 in parte ipfius funt, vel fuerunt, 
 ic in quibus fancta Rom. Eccle- 
 fia auxilium poilulaverit fideli- 
 tcr juvabo. Abbas Ur/pergenfts 
 in Chron. an. 1 1 22. 
 
 (i6) The Emperor had fore- 
 
 feen, and prevented this Ob- 
 jeftion ; for after his Corona- 
 tion, where the Pope had di- 
 vided the Hoft betwixt them, 
 in token of a perfed Reconci- 
 liation, he procur'd a iecond 
 Bull of the fame Tenor with 
 that which the Pope had gran- 
 ted before he was let at liberty ; 
 to the end the Court of Rome 
 fliould have no Pretext to pro- 
 teft againft the Concefiion, or 
 rather Confirmation of Invelli- 
 
 tures. 
 
 Anathemas, 
 
Benefices a?id R e v e n u e s. g i^ 
 
 Anathema's, befides fo many open Rebellions and 
 private Confpiracies, which may be reckon'd as 
 thrown into the Comporuion to raife the Storm : And 
 therefore what Reafon was there any more to renounce 
 an Agreement made for fear of Imprifonment, than 
 one made in terror of Excommunication and the 
 Confequences of it, and of feeing his People in 
 confufion, and his Eftates torn in pieces, and over- 
 lurnM with civil Wars, 
 
 Some Fathers of the Council, in the pre fence of 
 PafchaU made ufe of this Dilemma \ "If the Decree 
 " by which the Pope confented to yield up the In- 
 *' veftitures to the Emperor, were lawful, it ought 
 *' to be obferv'd : But if it be unjuft, and, as fomc 
 *' fay heretical, the Pope, as the Author of it, is 
 *' therefore unjuft and heretical alfo *. 
 
 It is certain, that a ConcelTion of a thing juil: and 
 due in itfelf, is valid, tho' made through Fear ; and 
 on the other fide, an A(^ is never juftifiable, if a- 
 gainft the Law of G O D, by the firongeft Impref-^ 
 lion of Fear that can be pleaded (17}. 
 
 * Abbas Urfpergenjis in Chroti. 
 anno 1116. 
 
 (17) Becaufe the Natural Di- 
 vine Law is, of itfelf, good 
 and immutable, and commands 
 things abfolutely necefi'ary to 
 Salvation. And for this Reafonj 
 
 according to St, 'Thomas, the 
 Commandments of GOD bind 
 abfolutely, and not the Com- 
 mands of the Church, which, 
 for that ReafoH may, in forae 
 Cafes, be difpens'd with. 
 
 H 
 
 I^AP. 
 
9 8 Of Ecclesiastical 
 
 CHAP. XXIV. 
 
 TH E Strugglings and Contentions betwixt the 
 Popes and Emperors, about the Inveftitures 
 ot Bifhopncks and Abbies, were not confin'd to 
 //rt/y and Germany alone, which were the Kingdoms 
 and Dominions of the Emperor : But feveral Bi- 
 Hiops in France likewife, excited either by Intereft 
 or Example, took the fame Occafion to oppofe the 
 King*. But as they were not enough united, to 
 enter all into the fame League with the Pope "t", 
 the King generally carried his Point : And the 
 Popes contented themfelvcs to gain that by little and 
 little, which it had not been poffibie for them to 
 have compafs'd all at once. 
 
 In England^ where the Kings had hirherto always 
 conferr*d the Bifliopricks and Abbies, Anfelm^ Arch- 
 bifliop of Canterbury^ in the Year i loz, in obedi- 
 ence to the Pope's Decrees, began to refufe to con* 
 fecrate Bifliops nominated by the King (a). This 
 Conieft held for many Years, the King maintaining 
 
 * ^7^1? Goffrid. Vindocin. 
 fraSi. 2, 5, d5f 4. 
 
 -f- Vide Lvon. Carnut. ep. 60. 
 
 {a) Eodem anno (1113.) 
 Anlelmus Cantuarienfis Epiico- 
 pus Concilium tenuit Londoniis 
 in Eccleiia St. Petri, pra'lente 
 Rege, & iufFraganeis Epifcopis. 
 
 In hoc concilio ^eg'> qua" 
 
 Roma: decreta erant, Concilio 
 generali, piano fermone delcrip- 
 fit, quod videlicet nullub Eccle- 
 haruni Pr^elatas, Rpiicopu?, 
 vel Abbas, vel Clericus Inve- 
 ftituras alicujas Ecclefiailicip 
 dignitatis de manu fufcipiat 
 
 Laicorum. Et quoniam ad juf- 
 fionem Regis quoldam Epilco- 
 pos, qui inllitutiones a Rfge 
 iulcepeiant, confeciare noluit, 
 vel eis communicare Rex vehe- 
 menter iratus prscepit Gerardo 
 Archiepifcopo Eboracenfi, ut 
 eos conieciaret : Sed VVillielmus 
 Giffaidus Wintonienfis eleftus, 
 qui conlVcrari dcbuit, Gerardi 
 iprevit confecrationem. Quare 
 jufTu Regis eliminacur a Regno. 
 Matth. Paris in Henrico. Fide 
 Jurftum in not is ad epifl. 1 96". 
 Injonii, ^ Ba/uzJufft Mi/cell. 
 t'jvt. 4. fag. 477. 
 
 his 
 
Benefices and Revenues, ciq 
 
 his Authority (O, and the Ardibifliop, fipported 
 by the Pope, oppofing it. The King, in hopes to 
 bring the Pope to hear Reafon^ fent an Ambaflador 
 to Rome, who, provokM by the rough Anfwcrs and 
 Menaces of the Pope, declar'd that his Mafter would 
 never yield up his Authority, iho' he loft his King- 
 dom in its Defence: 7 o which the Pope with no 
 Jefs Boldnefs, reply'd. He would never lufter the 
 King to nominate- to the Benefices, if he loft his 
 Head (/»;. The King flood his ground. ;\nd. Anfelm 
 was forc'd to quit the Kingdom -, nor could he ever 
 rrturn again, without complying with the King (c). 
 Bjc rhis Prince dying without Sons^ and a civil War 
 cnluing, it was eafy for the Clergy to intro.iuce iri 
 Englanch what the Pope had done in the Empire, by 
 the Renunciation of Henry V. 
 
 fi) He ihfi(\edi that the In- 
 vtfftitures of Biilioprickb was a 
 Rioht othis Crown, and enjoy'J 
 by his Anceilbrs tor tihie im- 
 niemorinl. 
 
 {!)) Die pro Rcgiis conltituco 
 ncgociis, Willielnius de Ware- 
 nail Clericus, & Procurator Re- 
 gis Anglorum caufam ipnus in 
 medium tulit, ac inter alia con- 
 l>anttT allegavit, quod nee ipie 
 pro regni amilhone invellituras 
 Ecclefiarum amictere vcHc, & 
 hoc verbis minacibus affirniavit. 
 Ad hxc Papa, fi quenvidmodum 
 dicis, Rex tuus nt'C pro regni 
 irmiffione donationes Eccleiia- 
 rum amiitere pateretur, iciat, 
 pr»ci!« coram iJco dito, quia 
 /;ec pro mci capitis rcdempti- 
 cne f.is ilii impune pernutterem 
 obcfiicre. Mtitt'j. Pans anm 
 U 03 . Vid( H ill ^ lahr.ihurUn 
 f.'.'n; lih. I , 
 
 (c ) Eodem anno [ 1 1 09] faflus 
 ell Convcntus Epifloporum & 
 Abbacum pariter i: niagnatuni 
 Londiiiiij in Palatio Regis, prs- 
 iidente ArchieniTaipo Anrelmoi 
 cui iniiuit Rex Henricus, &: ita- 
 tuit. ut ab eo tempore in reli- 
 quum nunquain per donationerii 
 bacuii pailoralis, vel annuli, quiir 
 qaarii de Eplicopatu, vel Abba- 
 tr.i per Regcni, vel quamUbct 
 Laicani nianum invcliiretur in 
 Anglia, conctdente Architpiico- 
 po, ut nullus ad prxlatiouem c- 
 Iccluo, pro hoinagio quod Regt 
 facerct tonfccratione hiicepti ho- 
 noris privaretur. Mat Paris. 
 
 ]\L..j.e/ay, fpeaking of this 
 Agreement, iaith, that Ihidly 
 Ipeakiiig, it was only changing 
 Terms ; for who pays Homage 
 is a V'alfai, and holds of Lljji 
 to whorii he pays it. In tb^ 
 Life of Phil. Augufui.s. 
 
 11 
 
 It 
 
TOO 0/* ECCLE SIASTIC AL 
 
 It is true indeed, that in the Year 1132, Lotharlus 
 of Snxony, who fucceeded the Emperor Henry V. 
 being fought to by Innocent II. to acknowledge him 
 for Pope, and Anacletus II. (2), his Competitor, 
 refus'd it, unlefs Innocent would reftore the Invefti- 
 tures, which Henry the Emperor, his PredecefTor, 
 had renounced : And probably Lotharius had ob- 
 tain'd them, if he had not defifted from his Preten- 
 fions at the inftance of St. Bernard (d), his intimate 
 Friend ; who made him fenfible how ill it would 
 look in him, to maintain a Claim, which himfelf, at 
 the inftigation of Pope Pafchaly had taken Arms 
 againft the Emperor Henry to overthrow, and which, 
 at the fame time, would be owning himfelf to have 
 been a Rebel againft his Prince in an ill Caufe. 
 
 And here we find a very ordinary Confequence of 
 great Vidiories, that where the Force of an Enem/ 
 is not quite broken and exhaufted, the Remains of 
 the vanquifh'd Party often gather Strength, and re- 
 vive their old Pretenfions (e) ; which a prudent Con- 
 queror will try rather to defeat by Artifice and Tem- 
 porizing, than to return to open Force, which might 
 re-kindle the "War (/). 
 
 {2) Who, according to Onu- 
 phrius, WES created the fame day 
 with Innocent II. and held the 
 Chair 7 Years and 9 Months. 
 Innocent was chofen by 1 7 Car- 
 dinals, and Anacletus by 21 ; 
 which feems, with fome Reafon, 
 to make the Eledion of Innocetit 
 very doubtful. 
 
 [d) Importune Lotharius Rex 
 inftitit, tempus habere fe repu- 
 tans opportunum, Epifcoporum 
 fibi rellitui Inveilituras quas ab 
 ejufdem prxdecefTore Imp. Hen- 
 rico per maximos labores Rom. 
 
 Ecclefia 'vendlcarat. Expavef- 
 cemibus Rom. R. potentiam, 
 murum fe oppofuit Abbas fanftus, 
 audadter enim refillens Regi, 
 verbum raalignum mirum liber- 
 tate redarguit, mira authoritate 
 compefcuit. In his Life, bf 
 Allen Bijhop of Auxerre. cap. 
 t8. 
 
 (f) Reliftis per quos refurge- 
 ret bellum. Tacit. Annul. 3. 
 
 (f) EfTe adhuc viftis vires 
 ambiguas, fi deliberarent, acres, 
 fi defperaflent, vidldriam con- 
 fUiis, & ratione perfici. Hijl. 3. 
 
 Thu» 
 
Benefices and Revenues. loi 
 
 Thus it happen'd on the prefent Occafion, the 
 Popes could not gain fo abfolute a Victory, in a 
 Caufe of fuch vaft Pretenfions, but that there would 
 yet remain, here and there, fome Benefices in the 
 difpofal of Laymen, and that there was (till fome 
 Prince, who, for Intereft of State, would difpofe of 
 Bifhopricks, without any regard had to the Pope's 
 Pretenfions. 
 
 In France the Regale remainM in force, which is 
 a Right the King hath of conferring all fimple Bene- 
 fices, or fuch as are without Cure, that fhall fall 
 vacant after a Bifhop's Death, untill a Succeflbr be 
 appointed (3). 
 
 In German)^ the Emperor prefervM a Right in 
 many Churches *, of prefenting one of the Canon- 
 ries : And feveral other Princes retained likewife 
 divers particular Rights. 
 
 The Popes fearing to revive the old Quarrel, and 
 to hazard the lofing all the Advantages they had 
 gain'd, if they fhould attack thofe particular Cu- 
 ftoms, or to prejudice the common Caufe, by let- 
 ting them run on, wifely had recourfe to Nego- 
 tiations and Artifice. So they bethought them- 
 felves of a middle Courfe, which was to let the 
 Canonifts, and other Pen-men, who were in their 
 Interefts, on writing, to prove, that Princes enjoy'd 
 this Power by ConcefTion only from the Popes ; 
 which ferv*d to advance an Opinion, that Princes 
 had no Right whatfoever, but what proceeded from 
 the Grace and Favour of the Popes, and even, to 
 carry the Pretenfions of the holy See yet higher : 
 Tho% whatever the Pretenfions were, they met 
 
 (3) The Regale lafled not 
 only until the Creation of a 
 Succeflbr, but until he had ta- 
 ken the Oath of I'idelity to the 
 
 King, and had obtaiji'd Letter? 
 of Licence to take PoiTcriion, 
 
 * AbDa? Uiipergciiiis, oinno 
 1 1 22. 
 
 H3 
 
 WiCil 
 
I02 Of Ecclesiastical 
 
 wiih a great Difpofition in Princes to bear with 
 them -, who perfuaded themfelves, that the Addition 
 of a Title from the Church, ftrengthen'd their own ; 
 that it was a quieting and enfuring the Foffeflion, 
 and putting them under Covert from the papal Pcr- 
 fecution?. 
 
 But the Event flicvv*d how much they were mi- 
 ftaken in the Remedy they propos'd, which proved 
 ii Poifon to the Diltemper, and detirudive of all 
 Quiet : For about the Year 1300, Boniface VIII. had 
 fliarp Conterts with Philip the Fair^ King of France^ 
 to make him renounce the Regale (4) ; and theQuarrel 
 went fo high, that the Kingdom was brought into a 
 very dangerous Condition, not only by its being laid 
 under Excommunications and Interdidions (^;, but 
 by its being made a Prefent to the Emperor Albert^ 
 to incite him in his undertaking the Conqueft of 
 it. 
 
 Thofe, who at firlt believ*d it would be for their 
 Intereft, to hold that by Conccflion from the Pa- 
 pal Chair, which was in truth the fole Property 
 of the Princes, did not confider, by what brittle 
 Bands ail Apoftolick Conceffions were held ; fmce 
 no Agreement could ever be found ftrong enough to 
 
 (4) The Author adds, That 
 the King was dcpriv'd of his 
 kun!;doin ; but this is eafily un- 
 Jeiltood, iince Boniface gave it 
 to another Prince. Yet this 
 hinderVi not Philip and Albert 
 from Cuming to an Interview as 
 good i'ricnds, at Vaucouleurs 
 in Champagne, where they re- 
 newed the ancient League be- 
 twixt the Empire and France, 
 ann. \ 299. and the Year fol- 
 lowing a Marriage was folem- 
 niz'd tjctwixt Roihlphus Son of 
 
 Albert, witli Blanch the Daugh- 
 ter of Philif. 
 
 [£) Miflo in Franciam Ar- 
 chi-JDiacono Naibonenfi Phi- 
 lippum vetat \_Bov.ifciciui\ quid- 
 quam de Ecciefia; proventibus 
 percipere, qui tametfi Ecclefias 
 deftfliorfit, letarnen Regnumque 
 Franciae per ejus contumaciam 
 ad Rom Ecclefiam elTe devo- 
 lutum, Gaguin. lib. 7. de rebus 
 gcjlis Franc. Vide Paul ^JL mi- 
 lium in Philippo pukhiv, f>ag^ 
 169. 
 
 bind 
 
Benefices and Revenues. 103 
 
 bind Popes, but that they prctf-nd to a Power ot 
 revoking, even witliout a Cuife, (not that ihey 
 ever want Pretext for one) any Privileges whatfo- 
 ever, granted by their PredecefTors : Bcfides, that 
 whoever poflefleth any thing in his own Right, and 
 vet is contented to acknowledge it as hcki of Grace 
 from another, may aptly be compar'd to a Man, 
 who leaves his own Ground, to build on another 
 Man's. 
 
 On the contrary, when any Prince, whofe Pa- 
 tience was worn out, and grown weary of the De- 
 pendance, confen'd any great Benefice of himfelf, 
 which the Kings of England and Sicil'^ did very fre- 
 quently, the Popes made no Words of it to the 
 Prince, for fear of engaging too far in Contefts \ 
 but to prevent any future Prejudice by the ill Pre- 
 cedent, tl^ey fo wrought by the Monks, that the 
 Eled fliould renounce all his Right into the Pope's 
 hands (/:?), who fhould oblige himfelf to give them 
 the Inveftitures -, by which Expedient they arrived 
 at the peaceable Enjoyment of that, which other- 
 ways would have been eternally contefted, and have 
 put the Eleft in endlefs Difficulties. 
 
 [h) I lac ratione, atque lioc 
 online Pontificatus fcnn.lerc co- 
 adus xgre quidem cum nuilta 
 hx'fitatione conlenru propter 
 contentionem illam quae erat in- 
 ter regniim & facerdotium tauia 
 Invelliturae, & elei^tionum Rc- 
 Cifiiarum, quas evacuare iibiqiie 
 vindicaie plus a.'quo nitebatur 
 lirperialjs authoritas. Rurlib 
 aiiU'in vercbatur, non fine Di- 
 vinitatis nutu, jam t<rtio fibi 
 aut'erri Epil'copatum, cunique li 
 tertio i'lbi repudiaret, polle iii 
 ipfum competcre illam lenten- 
 tiam : Noluic BcnediiFlionem & 
 
 elongahitur ab eo. Inter has 
 igitur anguilias poiitu';, quod u- 
 num ialutare cxiltimabat, ad 
 fuiitie Si Apollolica: Icuisauxi- 
 lium contugere dccrevit. In 
 ipio igitur articulo, cum adluic 
 in Aula Imperatoria elfet, re- 
 turn nuncupavit Domino. nDii 
 qiam ie in I'.piicopatu pcrman- 
 Cirum. r.iii conienticnte <Sc potlu- 
 lantc Ectlflia iua, ipftus Pon- 
 tilicis Maxiini nianu, i conie- 
 craii & invellituram confequi 
 mererecur. :hmn\m. in I'lta S. 
 Ottoiiis, aiinj I 102. 
 
 II 
 
 o 
 
1 04 OJ Ecclesiastical 
 
 Oi this manner of proceeding, Florence, of Wor- 
 cejler, and Ivo oi' Charlres *, Writers of that Age, 
 make frequent mention, as of a common Pradlice 
 in Germany and France, where, to ufe their own 
 Phrafe, the Popes took with one Hand, and gave 
 with the other. And it found the eafier Admiffion 
 with the Parties concern'd, becaufe it drew them 
 out of the prefent Difficulties: And when the King 
 ■who had prefented, came to know it, he was apt to 
 let it pafs, fince is wrought no immediate Alteration, 
 without confidering what confequence it would have 
 In the End. The Pop-s alfo, at this day, play 
 t.he fame Game againlt the Catholick Bifhops of 
 Germany, who reiufe to admit their Right of Pre- 
 vention or Reftrvations •, of which more iluill be faid 
 jn its proper place f- 
 
 In -Spain, the fedate and quiet Temper of that pru- 
 dent Nation, together with the good Government 
 pf their Kings, ai7iidil an univerfal Agitation round 
 about them, preferv'd that Country in a perfefl Calm : 
 To which, the Exercife the Saracens gave them ir^ 
 thofe Ages, might pofilbly contribute, fo far as to 
 incline them to live in Union with their Kings, and 
 to make Peace more valuable. 
 
 Thefe Kings had never ftrain'd their Power oyer 
 the Clergy to any extravagant pitch, in order to 
 bring them lovy.-r ; nor had the Clergy ever enter'd 
 Vno any foreign Engagements, beyond their Duty, 
 to exempt thcmfclves from the King's Jurifdidion^ 
 Bv fides that, when it was evident that the Popes 
 had, either by Force or Terror, or by Intrigues, 
 gain'd Advantages over other Kingdoms, thefe 
 Princes Itudied always fuch Expedients, as might 
 prevent the eflefls of thtic Innovations as much a? 
 
 * Epifl. 190, 191. & 253. 1 f occ the Article 39. 
 
 pofiiblc. 
 
Benefices and Revenues. 105 
 
 pofTible. And therefore, tho* Bifliopr and other 
 Ecclefiafticks had been condantly ordain':; here ac- 
 cording to the ancient Ufage, yet when rhe Changes 
 we have mention'd came to be made i other Coun- 
 tries, thefe Princes would have no Du^crences with 
 the Popes, but by a wife Temperamenr, contented 
 ihemftlves with contriving. That no Bifhop /liould 
 be ordain'd without their content : And lo fecure 
 himfelf of that Right, Alphonjus VI. fought to Ur- 
 ban II. for his confirmation ; who granted him the 
 Jus Patronatus of all the Churches in his King- 
 dom (5;. 
 
 Thus we fee the Kings of Spain have proceeded 
 jn quite another Method than thofe of Gen?iany, 
 France^ and England •, for being contented to hold 
 that precarious, and as of Grace from another, which 
 belong'd to themfelveslingly, they purchased a more 
 peaceable Enjoyment ; when others have been a long 
 time ftruggling and defending themfelves againfb 
 any fuch Acknowledgement : And yet, both the one 
 and the other ailing upon very prudent Confidera- 
 tions. 
 
 Thefe faw evidently, that it was the high Road 
 to Subjedion, and to lofe all ; feeing the Demand of 
 the Pope was not an end of his Pretenfions, but a 
 Step to much greater. They confidcr'd their own 
 Subjefts, efpecially the Ecclefiafticks, carried by a 
 Paffion for Liberty, tha,t might be caird Licentiouf- 
 nefs : And concquently, as they were always ready 
 to enter into Engagements with Foreigners, to lefTen 
 the Authority of their Prince, fuch a Door ought 
 not to be left open to invite them. 
 
 (5) P/rt^"//« faith. That Urban 
 II. gave the PalHum to the 
 y^rchbilhop ol 'Jolsdo, and crftl- 
 ttd him Prin\a'.e of Sfalu^ and 
 
 excommunicated the King of 
 Galiciu, and ail the Province, 
 for having iinprifon'd the Bi- 
 ihop of St. ya?nes\ 
 
 Bat 
 
I06 0/ E C C L E S I A S T I C A L 
 
 But in Spain, tho' the Confidence which the Prin- 
 ces had in the peaceable Difpofitions of their Sub- 
 je6ts, gave no jealoufy of their having recourfe to 
 any foreign Interefts, yet thefe Princes had a great 
 deal to apprehend from the low State of their Af- 
 fairs at that time, and from the Artifices of thofe 
 who had been already fo fuccefsful in making the 
 Subjeds of other Princes revolt, who far exceeded 
 thefe in Power : And therefore, prudently determin'd 
 to receive freely, what greater Princes than themfelves 
 had been compell'd after fo many Wars and bitter 
 Contcfts, to fubmit to. 
 
 Finally, in that fpace of Time, betwixt the Years 
 1 122, wherein the Emperor ^(?«ry V. renounc*d the 
 Inveftitures, and 1145, ^t became a Rule almoft 
 every where eftablilh'd, that upon the Death of the 
 Bifhop, his Succeflbr fhould be chofen by the Chap- 
 ter *, and confirm'd by the Metropolitan : That the 
 Abbots fhould be chofen by the Monks f, and then 
 confirm'd by the Bifhop, if the Mon.iflery were not 
 exempted j and if it were, the Pope fi) was to be 
 apply 'd to for his Confirmation. Thit the other 
 Benefices, which were de Jure Patronatus-, Ihould be 
 conferred by the Bifhops upon the Prefentation of 
 the Patron : But that all the refV fhould be at the 
 intire difpofal of the Bifhops. 
 
 * See St. Bernard, Ep. 22. 
 ad Clerura Senonenfein 276. ad 
 Eugen. fapam, & 282. ad Lu- 
 dovicum Regem Francorum. 
 
 -f- Id. Ep. 381. ad Alexan- 
 drum Priorem de Fontibus. 
 
 (l) Matth. Paris {sihYi, That 
 this was not praftis'd in Etig- 
 lanJ, till after the Year 1257. 
 Eodem anno llatutum tit Ronisc 
 
 a Domino Papa, & fratribus 
 Cardinalibus qui vigilanter fua 
 temporalia procurant commoda 
 & emolumenta, aliena non cu- 
 rantes ut quilibet qui in Abba- 
 tem exemptum ex tunc elige- 
 retur, Romanam Curiam adi- 
 ret confirmandus & benedic«n« 
 dus. In Henrico 3. 
 
 There 
 
Benefi CES ^;/<a^ R EVE NU Es. 107 
 
 There remain'd indeed the chief ElecSlion of all, 
 the Popedom, which feem'd not to fall under any 
 Regulation ; for, after the Emperor had been ex- 
 cluded from the Eledion, inftead of its returning 
 to the People, which was a Confequence ought to 
 have been expedled. Innocent II. upon a Quarrel be- 
 twixt !iim and the Roman People, in which he was 
 driven out of Rome^ in return, took away the Right 
 of Ele(?tion from the People (k). 
 
 [k) Innocentio II. faith Onu- 
 plirius, qui paccm quam bcllum 
 malebat a Civitatis adminirtra- 
 tione fubmoto, novum rcipub- 
 licae corpus, prstcr ejus volun- 
 tatem, conllitutum ell [becaufe 
 the Roman People deilr'd to 
 Ihake off the Yoke of the Prieft- 
 hood, and re-ellablifh the old 
 Democratical Government] In 
 
 qulbus controverfiis popultis Ro- 
 manus, quod Pontihci rebelHs 
 efFet, Anathemate notatus, tunc 
 primum a Pontificiis comitiis 
 omnino exclufus. Primus porro, 
 fine ullo populi interventu Papa 
 cieatus ell, mortuo Innocentio 
 fecundo, Ca;leftinus fecundus. 
 Aniiotat. ad <vitatn Innoc. II. 
 
 CHAP. XXV. 
 
 DUring the Troubles which arofe upon the Sub- 
 je6l of thf^fe Differences, many Cities revolted 
 againit the Emperor, at the inrtigation of their Bi- 
 fhops, who were in Confederacy with the Pope; 
 and having made themfelves the Heads of the Re- 
 bellion, became Mailers of the publick Revenues, 
 and of the Rights and Royalties belonging to the 
 Crown : And when Things came to be composM, 
 
 they 
 
io8 0/* Ecclesiastical 
 
 they were fo well fix'd (ij in thofe Pofieflions, that 
 the Prince was oblig*d to grant them the Fiefs of 
 what they had really ururp'd(2) : By this means they 
 acquired the Titles of Dukes, Marquifies, and Counts, 
 of whom we find many in Germany at this day, 
 both in Name and in Reality ; tho' in Italy^ indeed, 
 they retain only the Name. And thus we fee how 
 vaft Secular Eftates became Ecclefiaflick, [and grew 
 facred] which receiv'd alfo a confiderable Addition 
 during the other Troubles and Confufions, which 
 happen'd under the Emperors of the Houfe of 
 Suabia. 
 
 (i) 'Tacitus oh^ave^, that it is 
 cfual for Ufurpers to alledge a 
 a long and unjull Poffefiion lor a 
 juft Title. 
 
 Regis Appionis agros proxi- 
 mus quifque poffeflbr invaierant, 
 diuturnaque licentia Sc injuria 
 
 quafi jure & xquo nitebantur. 
 Anno 14. 
 
 (2) It was becaufe of thefe 
 Fiefs, that many Bilhops, both 
 Gertnan and French, were ob- 
 lig'd to go in Perfon to the 
 Wars. 
 
 CHAP. XXVI. 
 
 TH E Monks in thefe Days, by interefting them- 
 felves, and by their aftive Appearance, in fa- 
 vouring the Attempts of the Popes againft the Prin- 
 ces (i), loft much of the Opinion, which was had be- 
 fore in the World, of their Sandlity. 
 
 '(1) Mezerav faith, that in 
 confidcration of the Services 
 done to the holy See, in the 
 Quarrels w-ith the Emperors, 
 that the Popes honoured the 
 j.rincip4 Abbots v^-ith Epifco- 
 
 pal Ornaments, 'viz. A Mitre, 
 a fort of Veftment or Surplice, 
 or Veftment cali'd Da/matica, 
 Gloves, Sandals, and then with 
 the Crofier. Life of Phil. Au- 
 gullus. 
 
 As, 
 
Ben^f ICES rt;;/<^ Re VENUE s. 1C9 
 
 As, indeed, all Difcipline and ftrid: Obedieiice 
 among them were funk fo low, fince they had in- 
 truded themfelves into the Affairs of State and War, 
 that it put a ftop to the Growth of their Fortunes; 
 except in fome little Fraternities newly inftituted in 
 Tufcany, who made themfelves no Parties in thefe 
 Broils, but preferv'd their Difcipline (2) : So thac 
 thefe ftill fhar*d in the Peoples Devotion, and ftill 
 preferv'd the Means of acquiring it, tho' in a very 
 moderate Degree, bccaufe of the Poverty of the 
 Country. 
 
 {2) F. Paolo here tadtely 
 praiieth the Order of Sert'ites, 
 whofe Habit he wore: For it 
 was about this time that this 
 Order, and many others, were 
 feated in Tufcany. Origo eft, 
 faith he, in one of his Letters to 
 M. Giilot, ex Florentia, in ea 
 Civitate Mercatores quidam fe 
 
 in Collegium coegerunt anno 
 Dom. 1 330. Quo tempore ea 
 Regie hujufmodi partuum ferax 
 erat. Quod in laudibus B. Vir- 
 ginis cantandis affidue occupa- 
 
 rentur a vulgo tunc fervi 
 
 B. Mariae vocati ; undc ad nos 
 fucceflbres nomen. 
 
 CHAP. XXVII. 
 
 BU T there was another Incident in the Times 
 of which we have been fpeaking, which con- 
 tributed vaftly to the Acquifitions ot the Churclij 
 and that was. The holy War. And IVIen were fo 
 tranfported with Zeal for Expeditions to the holy 
 Land, and for Contributions towards its Recovery, 
 that lofing all Memory of their Wives, Children or 
 Eftates, ihey enroU'd themfelves in that Service, 
 fold all they had, and pafs*d the Seas. The fame 
 Infenfibility reach'd even the fofcer Sex, who, with- 
 out any Concern for their Children or Families, onr 
 this occafion Ibid their Inheritances to c.ury on thac 
 War. 
 
 2 The 
 
no (yEcCLESI A ST IC AL 
 
 The Popes, by virtue of their Briefs, declar'd 
 therr>felves, and the other great Prelates, Protedlors 
 of the Families and Affairs of all thofe, who had 
 taken upon them the Crufade (a\ (the Term ufed 
 for thofe who went to that War againft the Infidels : ) 
 And the Churches drew to themfelvcs all the Profit 
 which ufually arifes from being Tutors, Truftees, 
 Procurators or Sollicitors for "Widows, Pupils and 
 Minors. Nor did the Civil Power think fit 16 
 make any Oppofition, deterr'd by the Cenfures of 
 the Church, which were then fo formidable and 
 fulminated in fo great abundance. 
 
 Eugenius HI. went yet farther, he ordainM that 
 every Man might, in favour of this holy War, 
 alienate even the Fiefs he held ; which, if the 
 Lord could not come to take pofleflion of, the 
 Church might, even againft the Will of the Lord : 
 
 {a) Eis qui Hierofolymam 
 proficifcuntur, & ad Chrillia- 
 nam gentem defendendam, & 
 tyrannidem Infidelium dcbel- 
 landam efficaciter auxilium pra:- 
 buerint, fuorum peccatorum re- 
 miflionem concedimus, Sc de- 
 mos, & familias, & omnia bona 
 corum in B. Petri & Rom. Ec- 
 clefix protedlione, ficut a do- 
 mino noftro Papa Urbano ftatu- 
 tum fuit fufcipimus. Quicunque 
 ergo ea diftrahere vel auferre 
 quamdiu in via ilia morantur, 
 prxfumpferint, excommunicati- 
 onis ultione pleftantur. Cone. 
 Latcran. fub Calixto ll.an \\zz. 
 cap. 1 1 . See the zd Canon of 
 the Council of Clermont, and 
 the Notes of Mr. ele Marcu. 
 Innes lie Chartres, ep. i 73, y 1 97. 
 Willieim Archbilhor oi' 'lyre.. 
 
 lib. \ cap. 15. William ds N's-ic- 
 burg, lib. 3. cap. 23. Roger Hove' 
 den, p. 639. Matth Paris an. 
 1245. Otho of Frifingen, lib. i. 
 de gejlis friderici cap. 3 5 . C3' epijl^ 
 197. of Innocent III. lib. 15. 
 
 Obferve what the Archbifliop 
 of Tyre faith, that many Gentle- 
 men went to the holy Land only 
 to get difcharg'd from paying 
 their Debts : To which the fol- 
 lowing Bull of Gregory IX. re- 
 lates, n)i%. Si qui vero pra- 
 
 ficifcentium illuc ad prxilandas 
 ufuras juramento tenentur ad- 
 ltri(5ti, creditores eorum per Ec- 
 clefiarum Praelatos, ut remit- 
 tant eis praeftitum juramemum, 
 & ab ulurarum exadione de- 
 fillant, praecipimus compelli. See 
 Matth. Paris in Henries III. 
 1251. 
 
 Which- 
 
Benefices ^^^Revenues. hi 
 
 Which, alonCi openM a Way to mighty Acquifi- 
 tions (i). 
 
 It likewife happen'd, that the Popes would em- 
 ploy the Arms defign'd for the holy War, in fome 
 Enterprizcs for enlarging the Temporalities of the 
 Church ; and their Legates, and the Bifhops of 
 fuch Places as were the Rendevouzes for the Troops 
 when they were drawn together, would employ 
 them likewife in fome Service, for the Encreafe of 
 their Temporalities. 
 
 To this may be added, the large Sums which were 
 drawn from devout People, chiefly from the Wo« 
 men, and others incapable of ferving, themfelves, 
 in Perfon ; either to free them from the Obligitioii 
 of fome Vow, or to obtain Indulgences and other 
 fpiritual Graces : All which, no body miagines, 
 were laid out in the war ; for befides that, there 
 is no doubt, the Princes got fome Share, a confidc- 
 rable Part was ftill referv'd in the hands of the 
 Prelates, and fo became an Fncreafe to the Church. 
 
 Then followM the Inftitution of the Religiour, 
 Military Orders of the Knights Templars {a)^ 
 
 Hofpi. 
 
 (i) The Crufades, faith 
 Mezcray, render'd the Popes 
 very powerful, for they or- 
 der'd Princes to enroll ihem- 
 felves in thofe Expeditions ; 
 they retain'd the Sovereign 
 Commands of thele Armies by 
 their Legates, and tiiey became, 
 in fome fort, Lords in Chief 
 of all thofe who went to the 
 Cruladc ; not only betaufe t!ie 
 Popes c\a£led Obedience from 
 them, but becaufe tht-y took 
 the other under their Protcftion 
 till their Return, which was 
 
 like Letters of State, and fuf- 
 pended all civil and crimina'. 
 Proceedj:n~s. Mcr.cray /,»/ the 
 Life of rnil. Auguftus. 
 
 {a) Templariorum militum 
 ordo inftituuis anno in 3. I lie 
 rofolymis ali Hrgone de Pago 
 nis i"\; Gauffigo de Aldeniarc ; 
 Hoir.mque fuit primicus pioicJ- 
 fio, ut vias Sz itinera maxime ad 
 iaiuccm pcregrinoriim contra 
 lationum & incurfaniiuni in 
 fidias pro viribus coniervarent. 
 Cum autrm 9 aniiib poll eorum 
 infiituLioncm in habitu fuifant 
 fcculaii. 
 
112 
 
 OfE 
 
 CCLESIASTICAL 
 
 Hofpitallers, ^c. to guard the Temple of Jerttfakm 
 (b), proted the Pilgrims who reforted thither, and 
 to fight againft the Saracens. And tho' Religious 
 Inftitutions to fhed Blood, feem'd fomething new^ 
 and not eafily to be reconcil'd, yet they were eni- 
 braced with fuch a Fervour, that the Orders grew 
 to immenfe Riches in a very fmall time ; and confe- 
 quently, all together, were vaft Articles of encreafe 
 in the whole. 
 
 fcculari, in confilio Trecenfi 
 data fuit eis regula & habitus 
 afllgnatus fuit albus, viz. de 
 ynandato Honorii Papx, & Hie- 
 rofolymitani Patriarchs. Poft- 
 jnodum vero fub Eugenio Papa 
 cruccs de panno rubeo, ut inter 
 caeteras effent notabiliores, af- 
 fuere cceperunt, tarn equites, 
 quam eorum fratres inferiores, 
 qui dicuntur fervientes. Atque 
 hi quoniam juxta templum Do- 
 Inini in Palatio Regio manfio- 
 iiem habebant, fratres militia 
 templi feu Templarii appellati 
 funt. Cangias in Glojfar. ex Wil- 
 -iielmo Tyrio, lib. i 2. cap. 7. 
 
 [b] Terra ilia promiflionis, 
 lade & melle fluens, non folum 
 teligiofos clericos, fed etiam 
 
 laicos tarn milites quam alteiriMs 
 conditionis, ut in ea reliftis pa- 
 rentibus & propriis patrimoniis 
 regulariter viverent, incitavit, at- 
 traxit & illexit, quorum quidam 
 hofpitalarii, five fratres hofpita- 
 lis S. Joannis, alii fratres mili- 
 tia: templi, alii fratres hofpitalis 
 Sandlae Mariae Teutonicorum in 
 Hierufalem nuncupantur. yacob 
 de Vitriaco, cap. 64. Hiji. Hie- 
 rofol. 
 
 But in the Year 1313, the 
 Order of Templars being abo- 
 lifhed, their Goods were given 
 to the Hofpitallers : Which is 
 related at large by the Conti- 
 nuer of the Abbot Ur/pergenfisy 
 pag. 28. 
 
 CHAP. 
 
Benefices and Revenues. 113 
 
 CHAP. XXVIIL 
 
 ANother confiderable means of Encreafe, was 
 a ftridt Review made concerning the Bufmefs 
 of Tythes, proceeding by Cenfures againft thofe 
 who did not pay them, and compelling the Pay- 
 ment, not only of the predial Tythes, butofmixc 
 Tythes alfo ; that is to fay, befides thofe of the 
 Fruits of the Earth and of Cattle^ Perfonal Tythes, 
 which proceed from human Induftry and Labour. 
 
 To this Enforcement of the Payment of Tythes, 
 they added alfo the Firft-fruits : Thefe were firft 
 inftituted by Alexander II. in imitation of the Mo- 
 faick Law, which enjoin*d them to the Jews \ but 
 Mofes had not determin'd the quantutn, but left it at 
 large, to the pleafure of thofe who offered them. 
 Since that, the Rabbins^ as St. Jerom informs us, 
 have determin'd, that thefe Oblations fhould not be 
 under a 6oth Part, nor above a 40th ; which is a 
 Rule our Churchmen have foUow'd in the moft 
 gainful Way, adjudging that to be the 40th Part 
 only, which, in our days, is call'd the Fourth. 
 
 About the Year 1 1 70, Alexander III. order'd Pro- 
 ceedings by CenfureSi to enforce the intirc Payment 
 of Tythes of Mills, Fiflieries, Hay, Wool (i), and 
 Bees (2) : And that the Tythes of every Thing 
 fiiould be paid, before the Charges in gathering the 
 
 (i) Mandamus quatenus Pa- 
 rsecianos veftros monere curetis, 
 & fi opus fuerit fub excommuni- 
 cationis diftridione compellere, 
 ut de potentibus molendinarum, 
 pifcaniariim, feno & lana dcci- 
 mas Ecclefiis quibus debentur 
 (,wm intcgriute perfolvant- 
 
 Decret. 3. ///. de declmis, &'C. 
 cap. 5. 
 
 (2) Mandamus quatenus pa- 
 rjecianos tuos de apibus, & de 
 omni fiiidu dccimas pcrfolvcre 
 ecclefiartica dillridionc compel- 
 las. IbiJ. iiip. 6. 
 
 I Fruits 
 
I T 4 Of Ecclesiastical 
 
 Fruits (3) fliould be deduiled. And in the Year 1 195, 
 Celejiin IIL decreed, under pain of Excommunica- 
 tions, the Payment of Tythes, not onl'y of Wine, 
 Grains, Fruits, Trees, Cattle, Gard.^ns, Merchan- 
 difes. Soldiers Pay, Hunting (4) and Wind-mills (■5) 1 
 all which are exprefsM in the D.cretals of the Popes? 
 But the Canonifts have gone much fliriher, affirming, 
 that the Poor who beg about the Streets, are oblig'd 
 to pay the ioth of all the Alms they get, and com- 
 mon Women likewife a part of their infamous Gain: 
 with fome other laudable Fruits of the fame nature^ 
 but which have never yet obtain'd to be put ia 
 pradice. 
 
 Tythes were affign'd to the Minifters, in confi- 
 deration of the Services they perform'd in teach- 
 ing the Word of GOD, and adminiilring the 
 Sacraments ; fince nothing elfe was paid them for 
 thefe Fundlions : except where fome devout and 
 rich People would give fometimes out of meer 
 Bounty, for the burial of their Relations, or for 
 
 (3) Cum homines de Hortona 
 de frugibus decimam ecclefia; 
 cajus parochiani fum fine dimi- 
 nutione folvere teneantur, & an- 
 tequam id faciant, mercenariis 
 fuis de frugibus, non decimatis 
 debita totius anni, pro fervitio 
 fuo impendarxt, tunc demum de 
 refiduo decimam perfolventes : 
 Mandamus quatenus eos cogatis 
 ut decimam liatim fruftibus col- 
 leftis perlblvant. Ibid. cap. 7. 
 
 (4) Revera ficut fanfti Patres 
 in luis tradidcrunt fcripturis, de 
 vino, grano, frudibus arborum, 
 pecoribus, hortis, negotiatione, 
 de ipfa etiam militia de venati- 
 one deciijis funr, miuiilris Ec- 
 
 clefix tribuenda;, ita ut qui de 
 his eas folvere neglexerint, ec- 
 clefiailica dirtriftione debeant 
 percelli. Volumus ergo & di- 
 llridle praecipimus quatenus de- 
 cimas Eccleiiis cum integrita- 
 te debita perfolvatis. Ibid. cap. 
 12. 
 
 (5) Quia fidelis homo de om- 
 nibus qiix licite potell acqui- 
 rere decimas erogare tenetur : 
 Mandamus quatenus H. mili- 
 tem ad folutionem decimarum 
 de his qu.-e de molendino ad- 
 ventum proveniunt fme dimi- 
 nutione aliqua compellatis. Ib^ 
 cap. 23.. 
 
 Ad mini- 
 
Benefices ^?;7<3^ Revenues. 115 
 
 Adminiftration of the Sacraments ; which Genero- 
 fity, in time, turning into a Debt, and a Sum cer- 
 tain, created a difpute ; the Laicks refufing to pay 
 for the Adminiftrations of the Sacraments, becaufe 
 the Tythes they paid were defignM for that pur- 
 pofe, and the Minifters refufing to perform their 
 Functions, if they had not what they pretended was 
 their Due. 
 
 About the Year 1200, Innocent III. app]y*d a Re- 
 medy to this Evil, firft by forbidding the Priefts to 
 make any Bargain for performing their Miniftry, or 
 to refufe officiating to thofe who refus'd to pay: 
 And then by providing, that after they had fo of- 
 ficiated, the Laicks fhould be compelPd by Cen- 
 fures, to keep up the laudable Cuftom (for fo it is 
 term*d) of paying what was cuftomary (6). In 
 which, great difference was made betwixt forcing 
 the People to comply with a Bargain, and a Com- 
 pulfion by Cenfures after i the one being condem- 
 
 (6) Quidam laici laudabilem 
 confuetudinem erga fandain Ec- 
 clefiam intrcdudtam nituntur in- 
 fringere. Quapropter pravas 
 exadiones fieri j-rohibemus, & 
 pias confuetudines prscipimus 
 obfervari : Statuentes ut libere 
 conferantur, ecclefiaftica iacra- 
 ftienta, fed per Epifcopum loci, 
 veritate cognita compefcantur 
 qui malidoic nituntur laudabilem 
 conluetudinem immutare. De- 
 cret. lih. i;. ///. de SimGnia. cap. 
 ad Apojloliccun. 
 
 Tins Conltitution having been 
 quoted in the Council of 'Trent, 
 John Maria del Meiite, firit Le- 
 gate, faid, It was doing great 
 Injur/ to the Pope and the 
 
 Council of Lateran, to believe 
 fo great an Abufe was authoriz'd 
 by them : And that who would 
 read the Chapters preceding 
 this, would find that the Coun- 
 cil had condemn'd this Cuftom. 
 And that in the fame Chapter 
 he did not approve the Ulage 
 of Gifts or Offerings at the Ad- 
 miniftration of the Sacraments, 
 but only certain laudable Pra<fti«> 
 ces eftablifli'd in favour of the 
 Churche?,as Tythes, Kirft-fruits, 
 Offerings at the Altar, iJc. 
 As Bart hoi us and Giles de Roma 
 have interpreted it. Fra. Pa-- 
 olo, lib. 2. lliji. Caunc. of 
 Trent. 
 
 I 2 
 
 nsd 
 
1 1 6 Of Ecclesiastical 
 
 ned asSimoniaca), the other being juflifyM as law- 
 ful (7). 
 
 (7) If therefore thofe who 
 fervc at the Ahar, after the 
 Ofliccs perform'd, have a R gh; 
 to exat't a Salary, and can em- 
 ploy fpiritual Arms againil thofe 
 who refuie it ; by the fame 
 Rule, when the People have 
 paid the Temporalities which 
 they ow'd th« Church, they 
 
 may maintain themfelves by 
 Force, in the pofleflion of the 
 Spiritualities, which it has en- 
 deavour'd to deprive them of; 
 and fay with the Maccabees, 
 K'js ptgnahimus pro animabus 
 mjlii), ijf legibus Kojlris. i Mac- 
 cab. 3. 
 
 CHAP. XXIX. 
 
 ANother No'/elty, contributing greatly to their 
 Wealth, was introduced at this time. It 
 had been prohibited by the ancient Canons, to ac- 
 cept any Donations or Legacies from divers kinds 
 of publick Sinners, fuch as facrilegious Perfons, 
 Curtezans, and thofe who were a": variance with 
 their own Brothers (a). But all thefe Difficulties 
 were intirely remov*d, and all Gifts, from what 
 hand foever they came, were indifferently receiv*d. 
 
 {a) Oblationes diffidentium 
 fratrum neque in facrario neque in 
 gazophilacio recipiantur fimi- 
 liter dona eorum qui pauperes 
 opprimunt, a facerdotibus re- 
 futanda funt. Canon 93. ConciUi 
 Carthag. 4. afud Gratian. d'tji. 
 90. Can. 2. 
 
 The Reafon why thefe fort 
 of Offerings were not receiv'd, 
 was, according to Salmajius, 
 Quia ex Canone 37. Codicis Ec- 
 defiK Africanse liquet primitias I 
 
 in Altarl offerri folitas & fuam 
 habuiffe propriam benedidioj 
 nem. Non igitur pium aut 
 fandlum vifum ell Patribus an- 
 tiquis, Deo rite confecrari, &; 
 benedici quas a Peccatoribus of- 
 ferrentur. Hinc Canon. 28. 
 Concilii Illiberitani : Epifco- 
 pum placuit ab eo, qui non 
 communicat, munu» accipere 
 non debere. fide Mendozum ia 
 hunc locum. 
 
 And 
 
Bexefices and Revenues, 117 
 
 And it is even evident in pmdlice, that the greateft 
 part of Legacies nnd Donations befiow'd on the 
 Church, are owing to the Bounty of infamous ami 
 public k Women (i), or of People who are gratify- 
 ing chat way their own particular Quarrels with their 
 Relations. 
 
 The Popes fet all their wits on work to facilirare 
 find encourage ihefe Acquifuions, as well as to pre- 
 ferve the power of difpofing them, as we have 
 fiiew'd -, which had with fo much Toil and Blood 
 been wrefted out of the Princes hands, and tranf- 
 fer'd into the Clergy's. To this the whole Fxcle- 
 fiatlical Order, induc'd by their own Intereft, not 
 only confented, but concurr'd with their utmod 
 AlTiftance in their Preachings and Writings, con- 
 tinually inculcating that the intermeddling at ail in 
 the Diftribution of Benefices, and pardcularly in 
 the Eledlion of the Pope, had been the etfed of" 
 Tyranny in Princes, and Ufurpation in the People. 
 And in our days Baroriius, throughout all his Ar- 
 nals, upon all occafions, and with great earneft- 
 nefs maintains, that for Princes to intereft them- 
 felves in the Eieflion of Bifhops, and efpecially of 
 Popes, is an impious and tyrannical Ufurpation. 
 Not confi^ering, that the beft Popes have all along 
 been thofe whom the Princes have made ; and every 
 time that the Ecclefiafticks have had the Ele6lion3 
 to themfelves, without any Lay mixture, infinite 
 diforders have enfued. 
 
 But that which is moft obfervable is, tlv.t the 
 Popes of the holieft Lives, and Emperors whofe 
 Memories will be eternal, have recommended this 
 Practice, and judged it neceflary, Neither can it 
 
 (i) A Venetian Pricft told i Church, that they might b? 
 roe once pleafantly, That the j allow'4 to be Chriitians. 
 Whores left their EUates to the ' 
 
 I 3 now 
 
Il8 CyEcCLESIASTICAL 
 
 now confequently be cenfur'd, without calling Re- 
 flexions on the Memories of 24 Popes of the beft 
 Livers, and among others of St. Gregory, and without 
 condemning the ancient Dodrines of the Councils 
 
 and the Fathers. 
 
 CHAP. XXX. 
 
 IF the Churchmen had at firfl: difcern'd the Cori- 
 fequence of attempting to take away the Invefti- 
 tures from Princes, they would fcarce have been 
 drawn into fuch an Innovation : But they thought 
 to have found their own Intereft in it, and a Means 
 of being more Independent. Thus the firfl: Ufage 
 <^me to be renew*d, of beftowing all the Benefices 
 within their proper DioceflTes, by Election of the 
 Chapter and Collation of the Bifliop. The Pope 
 likewife kept to this Rule, without pretending to 
 any Donations out of the Diocefs of Rome ; except 
 in cafe only where a Prelate, whom Devotion or Bu- 
 finefs had carry'd to Rome, and happen'd to die 
 there (i)i and that fome Perfon of very eminent 
 Merit, of the fame Nation, were found in his Com- 
 pany or Retinue : Him the Pope immediately would 
 name in place of the Deceas'd, and fend him back 
 with Letters of Condolance to the Diocefs or Mo- 
 naftery on their Lofs, and Confolation on the Per- 
 fon he had fent to fucceed. This found the eafier 
 Compliance in the Chapter or the Monaflery, as ic 
 happen'd but very rarely, and as it pafs'd rather as 
 a Favour from the Pope: Befides that, there ap- 
 
 (i )Thefc Benefices were caird I 35. of this Treatife, and Chap. 
 faiantei in Curia. See Article j 2. de probandii in Sexto. 
 
 pear'd 
 
Benef ic £s ^;/</Re V ENUE s. 119 
 
 pear'd no room for Exception againlt a Man of Merit* 
 and of the fame Country. 
 
 But if the Pope had not fill'd up the Vacancy 
 before the News of it came to the place, they wait- 
 ed no longer, but forthwith proceeded to Election 
 according to Cuftom : And in no other cafe did the 
 Pope difpofe of any Benefices out of his Diocefs. 
 
 In the mean time, as the See o^ Rome had merited 
 fo highly of the whole Clerical Order, in having 
 with lo many Labours, Dangers, and the Effufiori 
 of fo much Blood, purchas'd the fole Difpofition 
 of Benefices, to the total Exclufion of Prince and 
 People, both which had, in their turns, been in 
 pofTefTion of that Right -, the People firll, when 
 Benefices firrt began, and the Princes for a long time 
 after : fo the Bilhops held the Pope's Friendfliip in 
 the efteem it deferv'd, and fought to make him all 
 the Returns in their power. And this encourag'd 
 the Popes to deal with the Bifhops after the exam- 
 ple of the Emperors, and to recommend a Clergy- 
 man now and then to be provided v/ith a fuitable 
 Benefice. 
 
 At firff thefe forts of Requefls gave great Alarms 
 to Princes, who plainly faw, by this means, a Gate 
 open'd to introduce Strangers into the Benefices of 
 their Dominions : yet they met with all the Com- 
 pliance that could be expefled from the Bifhops, 
 who being big with nothing fo much as the Defign 
 of excluding the Princes, were not aware, that in 
 depriving them, any other Power could flep in be- 
 twixt themfelvt-s and the Collation of the Benefices. 
 And yet the Profits which the Court of Rome drew 
 from thefe fort of Recommendations, in the Pre- 
 fenrs which were made to obtain them, and from 
 the Bulls which were made on thefe Occafions •, fo 
 nvjltiply'd thefe Prayers and Recommendations, and 
 brought them on fo thick, that the Bifliops became 
 
 I 4 deprived. 
 
I20 0/" Ec C L E SIA ST I C A L 
 
 depriv'd almofl; of all their Collations f2), which 
 ohlig'd them, fometimes, to refufe their Com- 
 pJi.ince. 
 
 But the Popes found a Remedy for this too, by- 
 adding Commands to their Requefts, which indeed 
 cnforc'd Obedience at firft ; but becoming alfo too 
 frequent, the Bifhops, at laft, loft all pacience, and 
 ■without having any regard to Commands, or the 
 Cenfures contain'd in them, or without obferving 
 any farther Meafures, beftow'd the Benefices as they 
 thought moft agreeable for their own, and their 
 Church's Intereft : And then the Pope found it re- 
 quifite to appear contented, and to pardon them for 
 that time, as for a thing already done, for which 
 there was now no remedy. 
 
 But the Channel which this Corruption had found, 
 would eafily have been ftopp'd, if this Court had 
 not thought of a farther Expedient ftill, which 
 was, to accompany thefe Prayers and thefe Com- 
 mands with fome Perfon who was fent to fee them 
 put in execution, and to confer the Benefice, if the 
 Bifhop did not, as well as to punifh him for his 
 Difobedience. Yet the Popes came but flowly to 
 thele extremities, and when the Contumacy of the 
 Bifhop made it necelfary. But in the end, to (hor- 
 ten the Proceeding, they expedited the Prayer, the 
 Command, and the Execution of them, all at 
 once. 
 
 (2) They deferv'd it well for 
 having abandoned the Intereft 
 ef their Princes, and efpous'd a 
 foreign Power : The Popes 
 had iiumbled the Emperors be- 
 fore^ in taking from them the | 
 
 Right of Inveftitures, and it 
 was but reafonable that the Bi- 
 fhops, who had join'd with the 
 Popes in it, fhould have their 
 cum in being mortify'd. 
 
 This 
 
Benefices and Revenves, 121 
 
 This gave the Church and the Bifliops an un- 
 fpeakable Vexation (3) -, and the Princes and Na- 
 tions where thefe things were afted, complain*d 
 loudly, not only that their Rights were taken away, 
 but that the Benefices, which by long Prcfcription 
 had been given only to Natives of the Country, by 
 this means fell all into the hands of Strangers (a)^ 
 who refided at the Court of Rome. Which ha4 
 often this confequence, that Bifliops and Parifh- 
 Priefls were made, who underftood not the Lan- 
 guage of their Auditors, and which they were very 
 unapt to learn, being fo different from their own 5 
 many Italiansy for inftance, being benefic'd in Eng- 
 land. 
 
 At length the Evil grew fo notorious, that the 
 Pope was oblig'd to take notice of it, and to forbid 
 
 (3) They compIainM (faith 
 Mezeray in the Life of Phil, Au- 
 guflus) that the Popes depriv'd 
 them of a great part of their 
 Authority, which belong'd to 
 them as Succefibrs to the Apo- 
 illes, by taking to their own 
 Tribunal the Knowledge of all 
 Caufes, leaving almoft nothing 
 to the firft Cognizance of the 
 Bifhops ; by granting Diipen- 
 fations of the holy Canons, as 
 if all Ecclefiallical Difcipline 
 depended meerly on their abfo- 
 lute Pleafure : By granting Ex- 
 emptions to Inferiors, thereby 
 to draw them from the obedi- 
 ence to their Superiors ; and by 
 their engroffing to themfelves 
 the greateft part of the Bene- 
 fices. 
 
 {fi) Beneficiorum Ecclefiafli- 
 corum peculia manus occupant 
 indignorum, & nonnunquam 
 
 exterorum & plerumque dignita- 
 tes h beneficia notabiiiora per- 
 ionis conferuntur incognitis & 
 non probatis, tjux in iildem be- 
 neficiis non refident, ficque valtus 
 f;bi commiffi gregis non ai^nof- 
 cunt, linguam aliquando non 
 intelligunt : Quinimo anima- 
 rum cura ncglcdhi volut nier- 
 ccnarii folummodo tenipcralia 
 lucra qus;runt. Proc7nii Prarma- 
 tlcr-r San£i. fag. 34. 
 
 Panormus, tho an Italian, 
 co?nplaii:s thus of the Abufc^ 
 Eflet, faith he, valde honellum 
 iSj frud\uofum, ut quifquc in pa- 
 tria fua beneficiaretur, ut fic 
 unus non occuparctur beneficia 
 vel flipendia altcrius, ncc dare- 
 tur materia depauperar.di bene- 
 ficia, h quia inducuntur faci- 
 lius ad reJidcntiam tales indi- 
 genas quam extranei. Cap. ad 
 Deccrevi, de lap i tut ion. 
 
 any 
 
12 2 Of Ecclesiastical 
 
 a-ny one to pofTefs a Benefice, and efpecially a Pa- 
 rilli-Prieft, who iinderftood pot the Language of the 
 Country : But then referving to themfclves that in- 
 valuable Power of Difpenfation, their Prohibitions 
 had no other efFedl, than inflead of curing thefe 
 Diforders, to raife the Prices of committing them, 
 to the manifeft profit of the Court of Rome^ which 
 was always ready to grant Expedtatives of Rever- 
 fions to Foreigners and Strangers, and after that a 
 Brief of Difpeniation. 
 
 But whatever Scandal this Exorbitancy of Power 
 in the Court gave to good Men, it was, however, 
 very agreeable to many of the Clergy, and others. 
 Suiters and Candidates for Benefices, who lay fet- 
 ter'd under fome Canonical Impediments, which 
 made them incapable. No Bifliop durft prefer Men 
 under thefe fort of Marks, with-held by a juft Re- 
 fpeft for the Canons : But what was too fcandalous 
 tor Biiliops, the Pope took upon him without any 
 fcruple, by virtue of that difpenfing Power, which 
 could admit of no Stain, which he apply'd to the 
 dilTblving all the Canons and Ecclefiaftical Confti- 
 tutions by a certain Formula, T>e Plenitudine Pole- 
 Jialis^ and the Claufe Non chjlantibus \ Phrafes un- 
 known and unheard of in fo many foregoing Ages, 
 hut which are now the Stile of every beneficiary 
 Ball. Nay, on the contrary. Popes in the beft 
 Times, and in the ftrider Ages of Piety, valu'd 
 themfelves on a drifter Obfervation of the Canons, 
 which related to the Diftribution of Benefices in the 
 Diocefs iyi Rome^ than any other Bifliop's. And we 
 find St. Leo and his Succefibrs placed one of their 
 chiefeft Glories in the punftuai Execution of the Ca- 
 nons, firft as to their own parts, and then in exacting 
 it from others. Nor let it be anfwer*d, that thefe had 
 iefs Authority \ fure we are, they had a larger fliare 
 c^ Virtue and Wifdom, which made them Cowards 
 
Benefices and Revenues. 123 
 
 in every A(ftion that was not allowable to others : 
 whereas, fince thofe clays, every thing feems pri- 
 vileg'd at Rome^ which no body dar'd to do any 
 where elfe. 
 
 St. Bernard^ who liv'd about the time when thefe 
 Novelties were introduc'd, tho' they had not then 
 prevail'd fo far as they have done fince, reproves them 
 Iharply. Writing to Eugene III. he laments that 
 Rome was the common Rendevouz for the Ambi- 
 tious Man, the Covetous, the Sacrilegious, the A- 
 dukerer, and the Inceftuous, who all rclbrted thither 
 in purfuit of Benefices (/'), and where they met with 
 a Reception they could have no where elfe ; no 
 place, but Rome alone, putting a Sandion upon 
 Things illicite and illegal, and which had alv/ays 
 been fo reputed, giving them a Palfport through 
 the World. 
 
 The Popes themfelves could not deny the Grie- 
 vance, which the granting Expeftatives was to the 
 Churches : Gregory IX. Cap. Maimatuin de Rcfcript. 
 openly avows it, and on this occafion theretore, 
 he qualify'd thefe Expedtatives, by inferring this 
 Claufe, viz. If we have not already writ for another {c) ; 
 
 {b) Nec mihi opponas nunc 
 /\poitoli vocem qua ait, cum 
 efl'cm liber, ex omnibus omnium 
 fervum me feci : Longe eft iftud 
 a te, nunquid hac ille fervitute 
 hominibus infervicbat in acqui- 
 fuione turpis queilus ? Nunquid 
 ad eum de toto orbe confluebanc 
 ambitiofi, avari, fimoniaci, fa- 
 crilegi, concubinarii, inceltuofi, 
 & quLcque iltiufmodi men lira 
 hominum, ut ipfius Apcllolica 
 authoritate v©l obtincrent hono- 
 res Ecclefiafticos vel retincrcnt ? 
 Ergo fervum te fecit homo, cui 
 vivcre Chrillus erat & movi lu- 
 
 crum, ut plurcs lucri faceret 
 Chrilto, non ut lucra augcret 
 avaritiaj. Cap. 4. Lih. i. C-ju- 
 ftder. ad Eugeniutn. 
 
 (r) Mandatam Apoiloiicunt 
 ad te direftum ut ma^^iftrum S. 
 faccres in Canonicum rccipi, & 
 in fratrem Novienf. EcclefiK ; 
 fi pro alio ibidem non fcripu- 
 mus, qui hujufmodi gratiam pro- 
 fcquatur, alio jam bcnchciuri 
 per nollrasliteras obtincntc, pro- 
 iequi non tencris, nam fuper rc- 
 ceptione duorum, gravandi Kc- 
 clcfiam non fait intentio iVianua 
 toris. Dccrct. lib. \. tli. 3. 
 
 which 
 
124 O/'ECCLESIASTICAL 
 
 which was a way of fixing a Cuftom as a Righf, 
 that every Pope might grant one Expe6lative in 
 every Church, and no more. 
 
 And fince that, they have brought i^ into a cu- 
 flom alfo, at their entrance into the Popedom, to 
 revoke the Expeftatives granted by their Predecef- 
 fors, either to make room for their own, or to 
 oblige thofe who had them before, to purchafe them 
 over again. And fometimes alfo they revok'd thofe 
 v;hich themfelves had granted, to oblige the Gran- 
 tees to the expenee of new Balls to confirm their 
 Title, 
 
 A.s for eleftive Benefices, fuch as Bifhopricks and 
 Abbies, there they granted no Expeftatives in thofe 
 Cafes, there being no examples or precedents of 
 Princes havjng ever granted any. But the Court of 
 Rome found out other expedients to draw to them- 
 felves the Collations of thefc Prelatures, in prefcri- 
 bing many Conditions which were to be obferv'd be- 
 fore Eledtion, and others during the Elc^dion itfelf ; 
 befides divers qualifications requir'd in the Perfon 
 eledled himfelf * : And if the Elt<5lors fail'd in any 
 of thefe Conditions, they were for that time de- 
 prived of the Right of Ele^ion, an^ fo it lapfcd tQ 
 the See of Rome. 
 
 And then as difficulties would often arife concer- 
 ning the validity of Eledions, from the variety of 
 interefts in the Electors, or from other Caufes, 
 one of the Parties would appeal to Rcme^ and fo 
 occafion would very often be taken to judge them 
 both in the wrong. The Elecflion being thus vaca- ' 
 ted, was another means of making the Collation 
 
 * Vide Cap. 25. de eleftione k ektli Poteftatc. 
 
 of 
 
Be NEFICES <^//<3^Re VENUES. 12^ 
 
 of the Billioprick or Abby lapfe alfo to this 
 Court (a). 
 
 Laftly, when the Pops underfldod there was d. 
 good Bifhoprick or Abby vacant, he immediately 
 difpatch'd an Injunflion not to proceed to Election 
 without his knowledge •, and fo under the fpecious 
 Care of preventing or remedying any Diforders that 
 might happen, he knt fome Man of Addrefs to afilft 
 and prefide at the Eleclion, who, by divers Arts and 
 Cabals, procur'd it to fall upon him, whom the Court 
 of Rome thought mod in their Interefts. 
 
 {li) Vix enim remanfit ali- 
 •t^uis Epifcopatus, five dignitas 
 Ecclefiaftica, vel etiam Paro- 
 chialis Ecclefia, qurc non fieret 
 litigiofa & Romam deduceretur 
 ipfa caufa. Sed non manu &■ vacua 
 la'tare fuper iniquitatemfiliorum 
 hominum, quoniam in recom- 
 penfationem tantorum malorum 
 datur tibi pretium. Abbas 
 Urfpergenfls in Phil'tppo. 
 
 The new Law or Doftrine 
 (faith Mezeray, in the Life of 
 PhUij) Augujlus) having perver- 
 ted all the ancient Canons, and 
 
 reduced all Elections to the 
 Tricks and Subtleties of the 
 Law, as there often happen'd 
 Contefts, what with Intrigues 
 among the Eleftors, and Diffi- 
 culties ftarted upon the Judge- 
 ment of the Metropolitan, one 
 of the two Parties never fail'd 
 to appeal to Rome ; which wes 
 an inextricable Labyrinth of 
 Proceedings : And for want of 
 fome Form in the Eleftion, the 
 Pope declar'd it null, and re- 
 ferv'd to himfelf the Right of 
 providing for the Bilhoprick. 
 
 CHAP. 
 
126 O/'ECCLESIASTICAL 
 
 CHAR XXXI. 
 
 TH U S by the foregoing Accounts it appears, 
 that few Eleftions to Bifhop ricks or Abbies 
 were made, which fell not under Confideration ac 
 Rome^ fo that the Pope came to intermeddle, almoft 
 in all Eleftions, after they were over, under the Mask 
 of an honeft Concern for the publick Intereft : and in 
 that the Eledors oftentimes fail'd in fome Points of 
 their Duty, it feem*d a favourable Opportunity to 
 afford his Afliftance in Eledions, even before-hand i 
 commanding, when he faw caufe, either that the 
 Electors fliould not go to Eledlion till they had his 
 Leave, or not to eledl without the Concurrence of 
 fome Perfons fent by him, to attend it -, fo that 
 by divers Contrivances they {till aflum'd fome fhare 
 in the Eledtions. 
 
 And yet thcfe Methods, which were differently put 
 in pradtice, according to the Exigency of the Cafe, 
 had not the force of a Law, but rather of Cuftom 
 and Decency, until the Year 1227, when Gregory 
 IX. following the examples o^ 'Theodofius andy/</?z- 
 man-, the former having form'd the Conftitution of 
 the Empire, by colleding his own Ordinances, and 
 thofeofhis Predeceffors into one Volume, which was 
 afterwards call'd the Iheodofian Code ; the latter 
 having accommodated likewife the ancient Laws to 
 the Ufage of his Times, and reduced into one Body 
 the Decrees of his Predeceffors, under the Name of 
 the Jujltnian Code ; after their manner formed a 
 Policy or Conftitution of his own, colle6ling into 
 one Body all the Decifions, and all the Caul'es which 
 ferv'd to advance the Papal Power •, and extending 
 that to general Ufage, which had been fettled in one 
 p-ircicuiar place, and perhaps in one cafe only, and 
 abolii'hir.;^ and deltroying all the reft, which made 
 aguinfl iL. This 
 
B E N E F ic ES and Revenues. 127 
 
 This Book was call'd, 'ihe Desretals of Gregory 
 IX. (^), who thereby laid the deepeft Foundation of 
 the Papal Monarchy, elpecially in what concerns Be- 
 nefices: But it muft be allow'd, that this Book is 
 much more edifying in the fkilful managing of a 
 Law-fuit, than in the Salvation of Souls. 
 
 Gratian^ as well as the other old Colleflors of the 
 Canons, rrmde a Collection of all he thought might 
 mod contribute to the aggrandizing the Papal Au- 
 thority, even to the changing, vitiating, and even 
 talfifying the places from whence he drew the De- 
 cifions (i) : By which means he thought he had 
 done his utmoft to v;ind up this Power to the 
 higheft pitch it could pofllbly bear : and according 
 to the ftate of thofe Times, he was not miftaken ; 
 but a Change of Circumftances in Affairs, made 
 this compilation no longer feafonable : And fo to 
 this Decree or Dccntum (2) of Graiian-, which was 
 
 [a) It was compird by his 
 Penitentiary Raymond de Pena- 
 fort, a Dominican, whence it 
 came to be call'd alio, The Com- 
 pilation of Raymond : It is alfo 
 call'd Extra, becaufe it is fepa- 
 rated from the Decree compil'd 
 by Gratian ; and alfo, the Pen- 
 tateuch, becaufe it contains five 
 Books, diltinguiili'd in this Di- 
 ilich. 
 Index, Judicium, Clerus, Sponfa- 
 
 iia. Crimen. 
 ll^c tibi defignant, quid qiweqite 
 'xohtmina fgnant. 
 
 It began to be in ufe in the 
 Year 1231. Gregory IX. was 
 Nephew to Innocent III. and 
 both of the noble Houfe of 
 Cant if at this day one of the 
 
 four, who have the Title of 
 Roman Barons. 
 
 (i) A French Lawyer faith, 
 that the Decretum and the De- 
 cretals funt Compilationes ac 
 Farragines tu?n bonaru?n tuvi 
 pravarum reriim tntjndite Cif irn^ 
 pcrite coaceriiat'T. Gentiliet. ex 
 Concil. Tiid. lib. 5. 
 
 (2) Which was approv'd and 
 pubhih'd by Pope Eugene III. 
 in I I 5 I , and according to feme 
 Authorities only under the Pcn- 
 tificate oi Alexander III. Gratia- 
 nu7n Compilatyrem Dccreti Aiex" 
 andri 111. Po'rtijicis temporibui 
 quidam ajcributit^ faith Platina 
 in the Life o-f Innoc. I H . to whom 
 others attribute the Pubhcadcn 
 of the Decree ; as Platina allgi 
 obfqrves in the iknic P;;i'«;e. 
 
 Cfui a 
 
128 Of Ecclesiastical 
 
 call'd after him, fucceeded the Decretals ; but nei- 
 ther of which in procefs of time grew to fignify 
 much : The Popes, as they grew in Authority, 
 eftablifliing ftill new Orders and Regulations ; fo 
 that tieither the Decretum^ the Decretal, nor the 
 S^xtus (3), were any longer of ufe as to Benefices, 
 but other Rules and Methods came in requeft, as will 
 appear hereafter. 
 
 (3) It is a Book fo call'd, be- 
 Caufe it is a Supplement to the 
 five Books of Decretals. It was 
 
 publifli'd by Boniface III. in 
 I 2q8. from whence it is call'd* 
 Codex Boiiifacianus. 
 
 CHAR XXXIL 
 
 THE large Opportunities which the Court of 
 Rojne had in their hands of obliging, by the 
 difpoHil of fo many Benefices, drew necenarily thi- 
 ther a Cohcourfe of the Clergy of all forts ; thofe 
 who had no Benefices, in order to obtain them ; 
 and thofe who had already, to gee them changed 
 for better : Which was another Reafon added to the 
 former, why fo many Refidentiaries refided not 
 upon the Place. And the Court not being any 
 longer able to pretend Ignorance of {0 loud and ge- 
 neral a Complaint which every Diocefs made. That 
 the Churches were abandoned, and left without 
 Government j and of which they laid the blame in 
 the right place ; a Refolution was taken to apply fome 
 Remedy. 
 
 But the Popes of that Age thought it not ad- 
 xnfabie to proceed by Punifliment, as had been 
 hercio^ore praClis'd ; whether it were that the Guilt 
 V 3- ^ruwn too general, or that the Court of Rome 
 
 muft 
 
Benefices a77c/ Revenxjes, 129 
 
 muft have been deferted by To fevere a Remedy, as 
 that of fending fo much Company out of Rome: 
 To which another Confequence might be added, thac 
 People would generaJly have chofen rather to have 
 made their Court to their own Bifhop for Benefices, 
 than to lay out their Money at Ro?ne, in Expe6ta- 
 tives or Reverfions. An Expedient was therefore 
 found, to make a Law to enjoin Refidence to fuch 
 certain Beneficiaries [who were under fo unlucky a 
 Planer] as to have little Intereft at Court : And fo 
 thefe itood condemned to ftay at home, without 
 making any mention of the reft (r), who therefore 
 fell not within this Rule. Thus in the Year ii 79, 
 Alexander III. ordcr*d Refidence to all Beneficiaries 
 that had Cures of Souls* ; to whom afterwards were 
 added and taken into the number, all who had Dig- 
 nity, Adminiftration, or Canonry. 
 
 As for other inferior Beneficiaries, it was never 
 affirm'd that they were not oblig'd to Refidence, 
 but n-ither was it commanded them, and fo by de- 
 grees they began tp think it not incumbent on them. 
 Hence grew the Diftinftion betv/ixt Benefices that 
 oblige to Refidence, and others call'd fimple Bene- 
 fices, which oblige to none. Afterwards the Doc- 
 tors declared, that in ftriftnefs, and of right, all 
 Benefices oblige to Refidence -, as indeed they can- 
 not fay otherways, without giving the lye to all 
 Antiquity; but that long Cuftom only hath excep- 
 ted fimple Benefices, 
 
 According to the Signification of that common 
 Maxim, Beneficium datur propter Officium, fimple Be- 
 
 (l) Silence in this Cafe, faith thefe Beneficiaries fhould turn to 
 
 Fra. Paolo, they believ'd exemp- 
 ted them from Refidence ; and 
 the Popes were willing it fhould 
 be fo underllood, in the hopes 
 jhai the voluntary Ignorance of 
 
 their temporal Greatnefs. Lib. 2. 
 Hiji. of Cone. o/"Trent. 
 
 * Vide cap. 4, l^ 6. Extra 
 de Clericis non refidentibus. 
 
 IC neficss 
 
130 Of Ecclesiastical 
 
 nefices muft feem an ufekfs Station in the Church % 
 fince thofe who were abfolv'd from Refidence, feem 
 to have no Bufinefs left. But here they have been 
 forcM to take in Aid, a meer Equivocation : For the 
 HorcB Cammcaks., which before were celebrated in 
 the Church by all the Congr gation, and which 
 fome Perfons afterwards took the liberty to per-* 
 form privately, began about the Year 800 to be 
 caird OJficiitm Divmum (a). And this Office or Ser- 
 vice being by all Believers perform'd either in pub- 
 Hck or private, they faved the Appearances of this 
 Propofition, Bmeficium datur -protter Officmm \ as if 
 repeating Divine Service were all that were under- 
 flood by it ; when in truth, ferving the Faithful, 
 in refiding at the Churches, and exercifing the Mi- 
 niftry in all Chriftian Offices, as was done of old, 
 is in truth that OJJicium, for which the Beneficium 
 is intended (2}. 
 
 The 
 
 {a) Presbyter mane ir.atuti- 
 nali officio expleto, penfum 
 fervitutis fuaj canendo, primam, 
 tertiam, fextam, nonamque per- 
 iblvat, ita tamen ut pollea ho- 
 ris competentibus juxta poflibi- 
 litatem, aut a fe, aut a fcholari- 
 bus, publice compieantur. 
 
 Thefe are the Words of Regi- 
 von. Author of the loth Age, 
 <hap. 208. lib. I. of his Col- 
 left ion. As for the Office of 
 the holy Virgin, Gaufridus 
 Vefie7ifis faith, they were not 
 ordered till the Year 1095. 
 
 Anno Dom. 1095, Urbanus 
 Papa in Gallias veniens, Gre- 
 gorii Papas decreta renovat & 
 
 confirmat — Claromonte in 
 
 Arvernia Concilium celcbrat, 
 
 menfe Novembri hoc anno fe- 
 quenti, in quo ftatutum eil, ut 
 horae beats Mariae quotidie di- 
 cancur, officiumque ejus diebus 
 Sabbatifiat. In Chronica, cap. 2r. 
 (2) In the primitive Time's, 
 laich Fra. Paolo, the Ecclefia- 
 ftical Degrees were not Digni- 
 ties nor Honours, as they have 
 been for fome Ages, but Char- 
 ges and Miniftrics, which St. 
 Paul calls Labours and Fundli- 
 cns, and Jefus calls Labourers, 
 [Opus fac Evangeliftae, niini- 
 iterium tuum imple, 2 Tim. 4, 
 Siquis Epifcopatum defiderat, 
 bonum opus defiderat, i Tim. 3. 
 Meffis quidem miilta, operarii 
 quidem pauci, Matth. 9. i^ 
 Luke 10.] So that in thofe 
 Days 
 
Be N E F I c E s and Revenues. 131 
 
 The Confciences of many Beneficiaries being thu^ 
 fecured from any Scruple, in abfenting from their 
 Churches, ic was alfo thought necefTary to find an 
 Expedient, even for fome of thofe Beneficiaries 
 who were obh'gM to Refidence, to (lay at Roine^ 
 when there was Occafion, wirhout breaking the 
 Laws. 
 
 Days nohe coiild have the 
 Thought of ablcnting ; and if 
 any one did, he could neither 
 k'jep tiie Title nor the Profits. 
 • Befides, none took an Em- 
 ployment which hinder'd the 
 
 Fundions of his Miniftry— 
 
 And it is only fmce the Year 
 700, that they began to appro- 
 priate the Title and Profits of 
 a Cure, upon occafion of the 
 Changes vs'hich happt-n'd in the 
 Wertern Churches, where Ec- 
 clehailical MinJfteries degene- 
 rated into Dignities, Honours, 
 and even into Rewards for Ser- 
 vices. And whereas before, 
 they called none to the Miniftry, 
 but fuch as were proper to of- 
 ficiate! it .became afterwards a 
 Cultom to give the Dignities 
 of the Cliurch according to the 
 Quality of the Perfon : Whence 
 came the Abufe of doing the 
 Duty by a Deputy ; and that 
 produced another Abufe, which 
 was to think one's fclf difpenfed 
 with, not only from officiating 
 in Perfon, but even from being 
 prefent, and to rely on his Sub- 
 Ititute. And the Diftemper 
 had grown fo great, as to have 
 endangered the very Clerical 
 Order being deflroy'd, if the 
 
 Popes had not commanded the 
 Bifhops and Curates, tho' they 
 afted by Deputies, to refide 
 upon the Place, which is calTd 
 Refidence ; to which the Ca- 
 nons were alfo oblig'd, with- 
 out fpeaking of any other Be- 
 neficiaries : From thence came 
 the detellable Diftindion of Be- 
 nefices of Refidence and Non- 
 refidence ; which is authoriz'd 
 both by the Doftrine maintain'd 
 and the Praftice. And yet 
 there cannot be a more manifell 
 Abfurdity, than to have a Ti. 
 tie and a Salary, without be- 
 ing oblig'd to do any thing fur 
 it. 
 
 But to palliate this, the Ca- 
 nonills have faid> That the 
 Axiom, Bencficium datur propter 
 Officium, which condemns Non- 
 refidence, fignifies only, That 
 the Benefice is given for faying 
 Divine Service only ; fo that 
 when the Church yields a Re- 
 venue of ten thoufand Crowns 
 and more, 'tis only that the Be- 
 neficiary may fay the Breviary 
 very low, without thinking of 
 any thing, more than running 
 over the Words, liijl. Coum. of 
 Trent, lib. ?., 
 
 K 2 
 
 For 
 
1 3 2 ^f Ecclesiastical 
 
 For this tnd Homrius III. about the Year 1220, 
 declar*d, that whoever was in the Pope's fervice, 
 lliould not be oblig'd to rer]de(3): So then there 
 wanted but one Expedient more, by whicii all tliofe 
 who had rich Benefices, with a Cure of Souls, might 
 be fet at liberty, and exempted from Refidence. 
 Neither did this Expedient fail likewife •, for it being 
 an ordinary Pradlice for a Curate, when he had a 
 lawful Impediment, to appoint a Vicar to ferve in 
 his room, allowing him a competent Stipend •, it 
 was thence determin'd, that with the Pope's Autho- 
 rity the Curate might create a perpetual Vicar (4), 
 fettling a reafonable Allowance upon him •, and 
 oblige him to Refidence, tho' the Curate remain'd 
 unconfin'd, and retained the bed part of the Income 
 to himfelf : So that, by this means, in effedl, his 
 Share became a fimple Benefice ; and the Vicar's 
 Share became a Provifion for the Curate. 
 
 And as giving a Benefice for any other Confide- 
 ration than for the fake of the Office, (by which 
 was underllood officiating in Perfon) was unknown 
 to the ancient Church, fo two Offices were never 
 affign'd to one Man i both becaufe of the Impoffi- 
 bility of performing them in two Places, and that 
 
 (3) Mandamus quatenus non 
 ©bllante conllitutione qux con- 
 tra abfentes Canonicos inter vos 
 {he /peaks of the Chapter of Metz) 
 dicitur emanaffe, fruftus prs- 
 benda: fuas aflignetis Mag. Ot- 
 toni, in noltro I'ervitio commo- 
 ranti; cum iamiiiares noilri qui 
 circa nos fe obfequiales exhibent 
 univerli, minori non debeant 
 ;pr^rogativa gaudere, quam ve- 
 itrum fmguli, quorum ncgotia 
 per fe-ipl'os Txpius promoven- 
 mv. 
 
 (4) It appears by feveral 
 PafTages in the Hillory oi Mat. 
 Paris, that Vicarages became ia 
 ■aie ih.rovig\\o\H England iorae time 
 before the Council of Laterany 
 under Alexander III. And for 
 iiiat Reafon, the firft three 
 Chapters Extra deOfficio Vicarii^ 
 are addrefs'd to the Biflaops of 
 England. See Mr. Pithon, ad 
 cap. I. extra de Officio Vicarii, 
 and nomas Waljingkam. pag. 
 275. 
 
 the 
 
Bene F ic Es ^7;/// Re VENUES. 133 
 
 the performing one weJI, was always reputed by 
 thefe Holy Men aTask fufficienc : Befides that there 
 are many Canons which refer to ancient Statutes, 
 by which a Clerk cannot be ordain'd to two TiLJes, 
 nor ferve in two Churches {a). 
 
 {a) Et in illo titulo perfeve- 
 rent, ad quam confecrati funt, 
 ita ut nullum de alterius titulo 
 presbyterum aut diaconum fuf- 
 cipere prafumat. Cone. Cakhu- 
 tenfe, an. 787. cap. 6. Coyic. 
 Renenfe, an. 813. cap. to. Cone. 
 Metenfe, an. 888. Can. 3. Ca- 
 non. 2. §. I. diJlinSl. 70. ex con - 
 cil'io Urbani II. habito F lucent i^e, 
 an. 1095. i^ Can. 1. Cauf. 2\. 
 y. \. ex jma Synod, cap. 15. 
 an. 787. E--uen among the Hea- 
 thens, the Priejls ivere oblig'd\ 
 
 to Refidcnce, Qnofdam exilia, 
 faith Seneca, quofdam facerdo- 
 tia uno loco tenent de tranquili- 
 tate vitje. Vifus ell fibi quis, 
 faith another Pagan, ad firma- 
 mentum templi Neptuni catena 
 aliigatus efle ; faftus ell facer - 
 dos Neptuni ; oportebat enim 
 ipium inreparabilem elle facer- 
 dotem. Arternidor. lib. t;. de 
 fomniorum e^oentibus, Somnio i . 
 Vide IJlpianum in leg. 2. ff. de 
 in jus vocando. (3" leg. pen. J-', de 
 ■vacat. y excufat, muner. 
 
 CHAP. XXXIIL 
 
 IN the Times when the Diftinclion began be- 
 twixt Benefices which oblig'd to Refidence, and 
 the other calPd fimple Benefices, which oblig'd to 
 none, another Do6lrine was fet on foot -, That of 
 fuch Benefices as did not oblige to officiate in per- 
 fon, it was lawful to hold more than one * : Whence 
 arofe the Diftin6lion of Benefices, compatible and 
 incompatible. Thofe which oblige to Refidence, 
 are certainly incompatible with one another, feeing 
 a Man cannot divide himfelf into two Places ; but 
 
 tra 
 
 ^ Vide caput dudum 54. ex- j Garciam de Benef. parte und§- 
 de eleftione & ibi glolT. & • 
 
 cima, cap. 5. §. 2, ^ 3. 
 
 K 3 fimple 
 
134- O/'ECCLESI A ST IC AL 
 
 fimple Benefices, feeing they require not pcrfonal 
 Service, are compatible and confiftent with one 
 another, and with other Benefices too. 
 
 At firft they proceeded on this Head with much 
 Caution, contenting themfelves with faying, that in 
 cafe a Benefice were not fufficient to maintain the 
 Incumbent, he might have another which was com- 
 patible j but they never had the hardinefs to carry 
 it fo far as to a third, or even to two Benefices, if the 
 firft were fufficient. 
 
 The Bifl^op*s Authority never went farther than 
 this ; but as for the Pope, it was allow'd he might 
 confer more than two Benefices on the fame Perfon, 
 when the two were not fufiicient to maintain him (i). 
 But then this Sufficiency or Competcnc^y, was car- 
 ved out by the Canonifts with fo liberal a Hand *, 
 
 (i) The Author gives this 
 Account of the Original of 
 Plurality of Benefices, in Up. 2. 
 Couttc. of Trent. Seeing, faith 
 he, the ancient Canons were 
 ftill in force, a Clerk could not 
 have two Titles, nor confe- 
 quently two Benefices. But 
 the Revenues happening to be 
 diminifti'd, either by Calamities 
 of War or Inundations, they 
 gave the Benefice to fome Clerk 
 who had one already, provided 
 he could officiate them both 
 Which was praftis'd after, not 
 in favour of the Incumbent, 
 but of the Church, where its 
 own Revenue would not main- 
 tain a particular MiniRer to in 
 felf, that it might not want 
 Divine-Service. But under co- 
 lour that one Benefice ah'ordcd 
 not a lufficient Subfiilence, and 
 none would undertake it, they 
 found the way of giving feveral 
 
 Benefices to one Man, tho' it 
 were not neceflary for the Ser- 
 vice of the Churches : And fo, 
 by little and little, they took 
 oiF the Mask, by doing that in 
 favourof the Incumbent, which 
 at firft was done in Confidera- 
 tion of the Church only. And 
 feeing the World was fcanda- 
 liz'd at this Novelty, the bell 
 Colour was given to it, that 
 could be, by adding to the di- 
 uindtion already made of Bene- 
 fices of Refidence and Non-re- 
 fidence, another of Benefices 
 compatible and incompatible. 
 By incompatible with one ano- 
 ther, they underftood Benefices 
 of Refidence, and by compa- 
 '.ib'e, thofe of Non-refidence ; 
 which may be held with one 
 another, and with other Bene- 
 fices too. 
 
 * Glofla ad Can. Clericus, r . 
 Cauf. 21, q. I. 
 
 that 
 
Benefices and Revenues. 135 
 
 chat the NecelTities of Life were very large ; which, 
 fay they, as to fimple Priefts, include whatever is 
 necelTary, not only for the Maintenance of their own 
 Peribns, but alfo of their Families, their Relations, 
 three Servants and a Horfe ; as alfo for Hofpitality 
 and entertaining Strangers {i). Then if the BLne- 
 ficiary be a Gentleman, or a Man of L-earning {a)^ 
 they allow him over and above this, all that is proper 
 for his Quality. And what they fliy of a Bifliop's 
 Allowance is amazing (3) : As for Cardinals, nothing 
 can be furprizing that is faid of them, when one 
 confiders the * Stile of the Court of Kome^ Regibui 
 CEqulparantur (4). 
 
 (2) If this were fo, there 
 would be at this day more Priells 
 than Laicks; and Princes would 
 be no more than the Portman- 
 teau's of the Popes. But all the 
 Canonilh are not of this Mind. 
 VideGome%de Exped. Nufn. 107. 
 Flamin. Paris de rejtg'n. benef. 
 lib. 5. ^.6. l^um, 131. Azor. 
 f. 2. lib. 6. cap. lO. f. 8, y 9. 
 Menoch. de Arbitrar. lib. 2. cafu 
 216. Navar. Mifcellan. 62. de 
 Orat. i^ Glo(f. ad cap- 5 . extra 
 de peculio Ckricornm. 
 
 {a) Vide caput de multa 28. 
 in fine, extra de Praebendis. 
 
 (3J It is more furprizing, to 
 fee the fmall Regard the Court 
 of Rome hath for the Italian Bi- 
 fhops of the EcclefialUc^l State, 
 who not only keep Handing be- 
 fore Cardinals, but think it no 
 Di(honour to ferve them at the 
 Table: With which theBifhop 
 of five Churches reproacheth 
 the Biihop of Rieti in full Con- 
 
 gregation. \Fra. Paolo, lib. 6. 
 Hiji. Counc. a/'Trent.] Befides 
 that, their Bifhopricks are fo 
 loaded with Penfions, that they 
 would think themfelves very 
 happy, if the Popes would ai'- 
 fign them a fufficicnt Livelihood, 
 and make that the Rule, as the 
 Canonilh do to fimple Priefts. 
 
 * Vide Nicol. de Clemangis 
 de corrupto Ecclefiaj ftatu, cap. 
 1 1. &' Pet. deAliaco de reform, 
 capitis, feu il:atus Papalis, Sc fuas 
 Rom. Curije & Cardinalium. 
 
 (4) Whence they conclude, 
 faith he, ibid. That no Revenue 
 is too great for them, that is 
 not fuperabounding for Kings 
 :hemfelves. And 'tis for this 
 Reafon, that Popes have gran- 
 ted them the Privilege of having 
 Os apertum ad onuiia bencjiciay 
 viz. of being capable of holding 
 all Sorts of Benefices, cither 
 Secular or Regular. 
 
 K 4 
 
 Buf 
 
13^ ^Ecclesiastical 
 
 But indeed there is nothing in all this, that exceeds 
 the ordinary Terms of fpeaking on this Subjefl, feeing 
 it is the Tenet of every Canonift, that the Pope 
 can grant Difpenfations for the holding as many Be- 
 nefices as he pleafeth : And in efFeft, Difpenfations 
 were grown to fuch a height, that John XXII. (5) 
 revok*d them all, reftraining the Difpenfations to 
 two Benefices only {a). But then his referving to 
 himfelf the Difpofal of all the other Benefices, as 
 ihall be fhewn when we come to fpeak of Refer- 
 vations *, gave ground for the B^ilief, that he made 
 that order for his own profit, and not for the 
 fake of reforming the Abufe : efpecially confidering 
 withal the charafler of this Pope, who had a par- 
 ticular Talent in aJl the fubtile ways of improving 
 his Revenues. And the Event made it good -, for 
 the Church relapfed into the fame Diftemper of Plu- 
 ralities, more fatal, and with more violence than 
 ever -, which we fee continued to this day, in the 
 Pradtice of Difpenfations, with fuch a loofe to Ava- 
 rice, as exceeds all Bounds, 
 
 All the Canonifls and Cafuifts agree, that Dif- 
 penfations ought to be granted only for lawful 
 Caufes, and that the Pope fins who grants them for 
 any other : But they have not decided, whether he 
 
 (5) JamesDoJfa, of the Dio- 
 gefs of Cahors in France, Son of 
 a poor Cobler. 
 
 {a) Nos omnes & fingulas 
 difpenfationes fuper receptione, 
 aut retentione plurium dignita- 
 tum,' aut beneficiorum, iffc. qui- 
 bus cura animarum fit annexa 
 -^ — cuicunque perfonse conceflas, 
 (Cardinalibus tamen exceptis) 
 duximus taliter moderandas, 
 QUod per moderamen noftrum 
 
 efFrenatum talium beneficiorum 
 multitudinem refrenemus. Sta- 
 tuimus itaque quod obtinentes 
 pluralitatcm hujufmodi benefi- 
 ciorum unum tantum ex be- 
 
 neficiis, quibus cura imminet ani- 
 marum cum beneficio fine cura, 
 quod liabere maluerint, poffent 
 licite retinere. Extra'vagant. Tit. 
 de prabendis cap. execrabilis. 
 
 * See the Article 37, and the 
 Note 3. 
 
Benefices a7id Revenues. 137 
 
 who makes ufe of fuch Grant, as is made without 
 lawful Caufe, ftands acquitted from all Guilt*. 
 
 Some fay, the Difpenfation is good before GOD 
 and Men ; others, that it ferves to avoid the Pe- 
 nalties of the Canon-Laws, but that in Confcience, 
 and before GOD, it is of no validity : And to this 
 Opinion, the greater Number of the beft and moft 
 devout People adhere (^j. But the other is more 
 
 agreeable 
 
 * Vide Glofiam ad cap. pro- 
 pofuit 4. extra de concefT. pnc- 
 bends: verb, fupra jus. 
 
 {b) D. Bernard Ep. 7. ad 
 Adam Monachum. Nunquid 
 ideo, fdith he, aut malum eflc 
 defiit, aut minora tum eft, quia 
 Papa conceffit ? quis \'ero malum 
 efTe neget, aflenfum praebere 
 malo? Idem lib. 3. de Confide- 
 rat. cap. 4. l^ ep. 271. adtheo- 
 hald. CoJK. Compani^. 
 
 Langius in Chronica Citi^enji, 
 anno 1044. y Rebuff, in praxi 
 benef. tit. de difpenf. Num. 57. 
 A Bifhop giving his Opinion in 
 the Council oi Trent, upon Dif- 
 penfationsjfaid, That the Coun- 
 cil ought to declare, that there 
 ought to be a lawful Caufe of 
 Difpenfation, and that who 
 grants it otherwife, fms, and 
 cannot be abfolv'd without re- 
 voking it ; And that he who 
 accepts, and makes ufe of the 
 Difpenfation, fo far from being 
 fauklefs, lives in continual Sin 
 as long as he makes ufe of it. 
 To which others replied. That 
 in truth, he who grants it with- 
 out lawf"ul Caufe, fins, but that 
 however, the Difpenfation holds 
 ^ood ; fo that the Confcience of 
 
 him that obtains it, is untouch'd, 
 tho' he knows that the Caufe is 
 not lawful. Fra. Paolo lib. 2. 
 Hijl. Cone. Trent. 
 
 A Dominican, one Hadrian 
 Valentine, had the Courage to 
 fay, That the Pope being above 
 all human Laws, had full Power 
 to difpenfe with them, and that 
 even tho' he fliould grant a Dif- 
 penfation without Caufe, it ought 
 iHll to be deem'd valid : And 
 that he can alfo difpenfe with 
 Divine Laws, provided tliere 
 were a lawful Caufe. Ke after- 
 wards adds, That tho' Difpen- 
 fation of a Divine Law, granted 
 without good Caufe, were not 
 valid, yet whatever the Difpen- 
 fation were, every one ought to 
 captivate hisUnderftanding, and 
 believe that there was a lawful 
 Caufe. 
 
 In the fame Hiftory, lib. 7. 
 yohn de Verdun, a French Bene- 
 diStine, is quite of a different 
 Opinion : Human Laws, faith 
 he, are fubjeft to Difpenfation, 
 becaufe of the Imperfedion of 
 the Legiflator, who cannot fore- 
 fee all the particular Cafes which 
 may call for an Exception : But 
 where God is the Legiflator, 
 
138 Of Ecclesiastical 
 
 agreeable to the Court oi Rome^ who love not to have 
 the Law given them, or that any Rules (hould be 
 prefcrib'd to the Papal Authority, efpecially in the 
 Matter of Benefices. For fome among them hold, tho* 
 warmly oppofed by others of the fame Profeflion, 
 That the Pope may grant Difpenfations for holding 
 feveral Benefices with Cure of Souls *. Yet the 
 Court of Rome hath not taken much advantage of 
 this Doj5lrine, feeing it hath found out other ways 
 of giving I'everal B nefices under one Name, and in 
 fuch manner, that they fhould look like one Bene- 
 fice. One of thefe ways is the Union, the other 
 the Commcndam ; both the Produdl of the Times we 
 h?vt above mention'J, and of which it is now pro- 
 per 10 treat. 
 
 the Law is without Fault, be- 
 ca-i^e nothing can be hid from his 
 Knowledge. 
 
 It is not therefore, that he 
 who difpenTethj can ever dif- 
 engage him who is obliged 5 
 nor make him remain obliged, 
 who is deny'd a Di^enfation if 
 he deferves one. It is a popu- 
 lar Error to believe that Dif- 
 penfations is a Favour, feeing it 
 is an Aft of diftributive Jultice 
 as much as any : And he fins, 
 who grants it not to thofe to 
 whom it is due. The Church 
 is not a Servant, nor is the Pope 
 its Mailer : It is the Pope's 
 Part, who is only Servant of 
 him who has fet him over the 
 Chriftian Family, to give to 
 every one what is due to him. 
 
 ^uem confiitult Dominus fztpra 
 familiarn fuam, ut det illis in 
 tempore tritici menfuram, Lucas 
 12. Diipenfation is nothing 
 but a right Interpretation of the 
 Law J and confequently the 
 Pope cannot, by his Difpenfa- 
 tions, difengage thofe, who real- 
 ly ar? oblig'd to obferve a Law ; 
 but he may very well declare to 
 thofe, who are not under any 
 Obligation to a Law, that they 
 arc not oblig'd to obferve it. 
 
 Fra. Paolo in the fame Hillo- 
 ry, lib. 7. 
 
 I recommend this laft Inftrufti- 
 on as deferving to be deeply en- 
 graven in the Hearts of all Chri- 
 liians. 
 
 * See Garcia^ de Bene£ 
 parte 1 1. cap. 5. num. 337. 
 
 CH APc 
 
Benefices and Revenues. 
 
 139 
 
 CHAP. XXXIV. 
 
 T was a Pradice of great Antiquity, that when 
 a People by any Calamities, as of War, Plague, 
 or Inundations, .were reduced to fo fmall a Number, 
 that they could not maintain a Minifler, theBifhop 
 committed the Care of them to the neighbouring 
 Curate *, with the fmall Revenue that was left ; 
 and this was call*d uniting the two Cures. In the 
 fame manner when Cities became depopulated, and 
 fell to fuch decay, that they were not able to af- 
 ford their Bifhop an honourable Maintenance, the 
 Metropolitan and his Suffragans aflTembled in Coun- 
 cil, added two or more Cities to one Diocefs, and 
 fo thefe Bilhopricks were called united. On the con- 
 trary, when the People in any Place multiplied {o 
 faft, that one Curate was not fufficient for the Charge, 
 the Cure was divided: A Method which continues in 
 ufe to this day, and a very commendable one, both 
 for the Service of GO D, and the Convenience of the 
 People ((3). 
 
 It was afterwards thought expedient to ma^e 
 Unions, in favour of fome particular places of De- 
 votion ; and thus divers Benefices became united to 
 Bilhopricks, Monafteries, or fome poor Hofpital. 
 By which Union, the beneficed Perfon feems to 
 
 * Vide Can. univerf. cauf. 10. 
 q. 33. ex concil. Tolet. cap. 4. 
 an. 693. 
 
 («) Et Canonica tradit au- 
 thoritas, & ratio fuggerit natu- 
 ralis, ut cum necellitas exigit, 
 >el utilitas perfuadet, ut unus 
 
 Epifcopatus dividatur in plures, 
 & plures conjungantur in unum, 
 ne cura paltoralis defit alicui, 
 vel aliquid defit curse paltoris. 
 Invoc. 3. ep. 52. torn. 2. lib. 10. 
 ad Epifcopum Pa'vien/em. 
 
 hold 
 
1 40 Of Ecclesiastical 
 
 hold two Benefices, when in reality he holds but 
 one (i.) 
 
 But in order to give two Benefices to the fame 
 Perfon, which were really incompatible and incon- 
 fiftent to be held together, human Subtlety had 
 invented the way of uniting the one Benefice to the 
 other, during the Life of the Incumbent -, fo that by 
 giving the principal Benefice, the united one was in- 
 cluded in the Gift, and went along with it for 
 company. By which means the Law againft hol- 
 ding more than one Benefice, is faved in appearance, 
 but in reality it is a meer Obfervance of the Words, 
 and a plain Tranfgreflion of the Senfe : which the 
 Lawyers call, Evading the Law (2). 
 
 This Invention alfo ferv'd to confer Benefices with 
 Cures upon Children, or on illiterate Men, and 
 •without any Obligation of taking holy Orders, by 
 uniting the Benefice with Cure, to a fimple Bene- 
 fice for Life •, and then by conferring the fimple 
 Benefice in Title ; and fo the Beneficiary became in 
 pofleflion of the Cure, and the Letter of the Law 
 prefer ved. 
 
 But the valuable Power of uniting Benefices for 
 Life, was referv'd to none but the Pope alone ; nor 
 could the Bifhops ever obtain it on any Occafion 
 whatfoever. Some Civilians call this an Union in 
 Name, but in Reality it is a total Diflblution of the 
 
 (i) Thefe Unions of Grace 
 or Favour were forbid by the 
 Council of Latera?t, and abro- 
 gated by the Council of Bajil, 
 under the general Title of Re- 
 fcrvations. Ste the pragmatick 
 
 SanSiion, de Eleflionibus, &-qui^ 
 verbo, exceptis : Et Guim. ibi- 
 dem. 
 
 (2) See Garcia de Benef. 
 parte iz. cap. 2. ds unione> 
 num. 84. 
 
 Law 
 
Ben EFic ES z^';;^ Revenues. 141 
 
 Law (3) : And for that reafon, hath been prohibited 
 in fome Countries with great Marks of deteftation. 
 This Evil reign*d very long in the Court of Rome^ 
 but is now worn out, and no longer in any force 
 (4), with many other Artifices and Subtleties Cnot 
 to call them Cheats) of the fame nature ; which 
 are too evident, for Reafons which fhall be given, 
 when we come to fpeak of the Affairs of our own 
 Times. 
 
 (3) Thus the Congregation 
 of Cardinals and Bifiiops Ipoke 
 to Paul III. who had deputed 
 them in i q 37, to try to make a 
 Reformation in his Court. 
 
 Quid de unionibus benehcio- 
 rum ad vitam unius, fay they, 
 Ke fcilicet obftet ilia beneficio- 
 
 r.im pluralitas ad obtinenda in- 
 compatibilia, nonne eil mera 
 fraas legis ? 
 
 (4) Since the Council of 
 Trent, which abolifli'd it in the 
 Seffion 7. chaiK 7. of the Re- 
 formation. 
 
 CHAP. XXXV. 
 
 COmmendams were alfo of a very ancient and 
 laudable Inflicution ; for when an elective Be- 
 nchce became vacant, fuch as a Biflioprick, Abby, 
 or fome Benefice, that was Jus-patronatus^ for which 
 the Ordinary could not, for fome Reafon, provide 
 immediately, the Care of it was recommended by 
 the Superior to fome Man of Merit *, who fliould 
 only take upon him the Dire^ion of it, till the Va- 
 cancy fiiould be fiird up, but who could enjoy none 
 of the Profits : And therefore fome excellent Perfon 
 was generally pitched upon, to whom the Underta- 
 
 L * Viic Greg: IIL lib. i . Ep. 76. lib. z. Ep 13, & 35. 
 
 king 
 
142 Cy ECC L E SIA ST I C A L 
 
 king was an Expence, and had nothing to recom- 
 mend i*:, but the Trouble which he was to undergo 
 for the Service of the Church : But he would have 
 been very improperly faid to hold this Bentfice in 
 Comfnendam \ and confequently, in reality, had not 
 two BentjEices(rt). 
 
 However, not to wrangle about Words, it grew to 
 be a Maxim among the Canonifts, That a Clerk 
 might hold two Benefices, one Titular, the other 
 in Commendajii *. At firft, the Commendam was to 
 continue only till other t'rovifions were made i 
 afterwards it grew to be given for a certain deter- 
 minate Time, which fometimes prov'd a little with 
 the longed. This occafion'd the Popes prohibiting 
 the Bifhops to extend it beyond fix Months (/>), 
 tho' he made it no Rule for himfelf. On the con- 
 trary, the Commendafns contracted too much of this 
 Habit, not altogether commendable from the Roman 
 Chancellery -, for when the Pope would confer a 
 Benefice on any one who happen'd to be incapa- 
 citated, either for want of Age, or becaufe the Be- 
 nefice was regular, and the Perfon fecular, the Pope 
 gave it him in Commendam^ until he was in a Capa- 
 city to take the Title. 
 
 {a) Qi^ia Commendatio, fay 
 the Canon: ji Si non facit Prs- 
 latum, fed Procuratorem, & 
 qui commendavit, poteft re- 
 vocare, quando vult. Nam 
 commcndare nil aliud eft quam 
 deponere. Glojf. tan. ad unum 4. 
 catif. 21. q. 1. 
 
 * Ibidem & cap. Dudum, 
 extra de elcftion. 
 
 (^) Nemo deinceps, fays 
 Gregory X. parscialem ecclefi- 
 am alicui non conitituto in %tate 
 
 legitima & facerdotio commcn- 
 dare prsefumat. Nee tali etiam 
 nifi unam, & evidenti neceffi- 
 tate, vel utilitate ipfius Eccle- 
 fis fuademc. Hujul'modi autem 
 Commendam ut prsemittitur, 
 rite faftam declaramus ultra 
 lemeftris temporis fpatium non 
 durare : Statuentes quicquid 
 fecus de commendis Ecclefiaruni 
 paraecialium aftum fuerit, efle 
 irritum ipfo jure. Cap. nemo 1 5 . 
 di tleit, infextQ an, i 273 < 
 
 At 
 
Benefices and Revenues. 
 
 143 
 
 As laft, about the Year 1350, the Popes throw- 
 ing off all fort of Confiderations, and having got 
 the other Biihops ty'd down to the Term of fix 
 Months, gave a loofe at once to the alTerting their 
 own Power, and conferred the Cofwnendam for Life : 
 And if this happen to one who hath another incom- 
 patible B-'n^fice in Title before, the Letter of the 
 Law is preferved ftridtly and without Reproach, 
 which forbids two Benefices to be given, unlefs the 
 one be in Title, the other in Com??iendam : But the 
 Senfe or Spirit of the Law is perverted -, feeing the 
 Commendatory for Life, as to the Profits, is, to all 
 intents, the fame with the Titular (1). In the fame 
 
 manner. 
 
 fi) When by reafon of any 
 Calamity of War or Plague, 
 fays the Author in the fame 
 Place, an immediate Eleftion 
 could not be made, the Supe- 
 rior recommended the vacant 
 Church to fome Perfon of 
 known Vertae and Ability, who 
 befides the particular Care of 
 his own Cliurch, governed in 
 the Vacancy of this, till it was 
 fiird ". And this Commendatory 
 was only the Depofuory of the 
 Revenues. 
 
 Afterwards the Commenda- 
 tories, under divers Pretences 
 of Neceffity and Decency, made 
 ufe of the Fruits ; and that 
 they might enjoy them longer, 
 they put off the Nomination or 
 Elcftion of the Titulars by fe- 
 veral Artifices, which occafion'd 
 the fixing the Term of the Com- 
 tnendam to fix Months. But 
 the Popes making ufe of their 
 plenary Power, prolong'd the 
 Term, knd even granted the 
 
 Commcndams for Life, with ali 
 the Profits. 
 
 This Invention, which in its 
 Original was pious, degenera- 
 ted into fo much Abufe, as to 
 be made ufe of in corrupt times 
 to countenance Pluralities, of 
 which one fort, they faid, v/as 
 pofTefs'd in Title, the other in 
 Commendam ; by which, the 
 Words of the Law were obfer- 
 vcd, but the Senfe was defea- 
 ted, feeing the Commendatory 
 for Life differ'd in nothing from 
 the Titular. [IVitnefs the Form 
 of Bulls of Commendam, Cu- 
 ram Monafterii ac regimen & 
 adminiftrationem tibi in fpiri- 
 tualibus & temporalibus ple- 
 aarie committentes J And in 
 lib. 3. of the fame riiftory, he 
 (peaks thus ; When the Wellern 
 Empire was ravaged by the 
 oarbarous Nations, it happened 
 often that the Churches loll 
 their Pafcors, and that thofe to 
 whom it belong'd to provide 
 others. 
 
144 0/EcCLESIASTICAL 
 
 others, were hindered by the 
 Inroads and continual Violences 
 of this accurfed People. 
 
 For this Reafon, the chief 
 Bifhops of the Province recom- 
 mended the Orphan Church to 
 feme vertuous Churchman, till 
 they were at liberty to chufe a 
 Pailor canonically. TheBiihops 
 and neighbouring Curates did 
 the fame, when fome Country 
 Parilh fell vacant. And the 
 Perfon pitch'd on for Commen- 
 datory iDcing always a Man of 
 conftquence, who was much 
 concern'd to anfwer the Expeda- 
 tion had of him, the Church 
 found great advantage by it. 
 But as Corruption commonly 
 creeps into the beft thing?, fome 
 Commendatoiies began to divide 
 their Care betwixt the Service 
 of the Church recommended to 
 them, and their particular Inte- 
 reft, and the Bifhops to recom- 
 mend Churches, when there was 
 no occafion. So this Abufe Itill 
 cncreafmg, a Law was necefTary 
 to limit the time of the Commen- 
 dam to fix Months, and to forbid 
 the Commendatory to take any of 
 the Profits. But the Popes, let- 
 ting themfelves above all Law, 
 prolonged the Term of the Com- 
 mmdams, and granted a Part of 
 the Profits to the Adminillrators ; 
 and afterwards carried things fo 
 high, as to grant Commendams 
 for Life, with all the Revenues. 
 After which, they changed alfo 
 the Stile of their Bulls, faying, 
 <♦ We recommend this Church 
 »• to thee, that thou mayeft 
 
 " fupport thy Condition with 
 " more Eafe and Decency ; " 
 [a/ Jlaium tuufti juxta gradu7n 
 tuix nohiiitatis decentius tencre 
 I'aleas.'] Whereas, the Title 
 before was, " To the end, that 
 '* during this Interval, this 
 " Church may be ferved and 
 " governed." Farther, they 
 order'd, that the Commendams 
 fhould be left wholly to their 
 Difpofal, without allowing him 
 who had the Right of Collation 
 to ufehis Right, upon the Death 
 of the Commendatory. Now, 
 as the Commendatories were 
 made by the Popes, and de- 
 pended only on him, People 
 chofe rather to follicite at Rotne 
 for Benefices in Commeudam, 
 than for Benefices in Title ; 
 feeing by this Means, they 
 withdrew themfelves from the 
 Bifhop's Authority, who thus 
 loft it over moft of the Churches 
 of their Dioceffes. Whence it 
 came to pafs, that the Commen- 
 datories bein-g no longer accoun- 
 table to any body, retrench'd to 
 their own great advantage all 
 the necefTary Expences, and let 
 the Buildings go to Ruin ; min- 
 ding nothing but how to fupport 
 their Condition according to the 
 Tenure of their Bulls. 
 
 I thought it proper here to in- 
 fert thefe two Pieces of Hiftory, 
 extracted out of the Hiftory of 
 the Council of Trent, by Fra. 
 Paolo, becaufe they give a per- 
 fed Account of every Thing that 
 is requir'd to be known, in the 
 Bufinefs of Commendams. 
 
 Manner, 
 
Benefices and Revenues. 
 
 Manner, as a Benefice given in Commendam^ to one who 
 hath noc the QuaHfications requir'd by the Canons, 
 is not offending againft the Words of the Canons ; 
 but the Benefice is given in effeft, tho' not in Words. 
 The Commendams of Bifiiopricks and other Benefices, 
 are ahnoft difus'd indeed in //rt/j, only there Ib'll 
 remain fome Abbies in Commendam^ upon Occafions, 
 which fhall be mention'd when we come to our own 
 Times. 
 
 By the Methods we have defcrib'd, the Popes 
 drev/ to themfelves a great part of the Collation of 
 Benefices, in all the Chriftian Kingdoms of the 
 Weft. But in the Eaftern Churches they were noc 
 allow'd to difpofe one Benefice, not only towards the 
 latter Times of that Empire, when the Greeks fepa- 
 rated intirely from the Church of Ro7ne^ but even 
 when they were united ; except in the Parts of 
 Syia and Greece^, when thefe Countries were under 
 the Dominion of the French and Venetians. And 
 tho' thefe Bulls, which difpos'd of Benefices in fome 
 one of the MethpJs above-men tion'd, were for the 
 rnoft obey'd ; yet they met with fo many Complaints 
 and Murmurings, as made it fometimes be difputed, 
 whether the^ Pope had any Right at all to fuch 
 P,ower. 
 
 In Italy no Oppofition was made to it, except by 
 fome confcientious Men, who had only the Service 
 of GOD in view ; the Itnlians^ of Vv-hom the 
 Roman Courti.:rs v/ere compos'dj finding their ad- 
 vantage in this great Authority of the Pope, which 
 help'dthern to Revenues beyond the Mountains. 
 
 In Spni/iy the Prudence of that Nation eluded all 
 the Artifices of the Court of Rome^ by Negotia- 
 tions. 
 
 In England^ where the Benefices are very rich and 
 pumerous, the Roman Courtiers made fuch migh.rv 
 
 h Acquifi" 
 
146 0/ E C C L E S I A S T I C A L 
 
 Acquifiiions (2), that in the Year 1232, the Clergy, 
 and the Military Men of t1ie Kingdom, form'd a 
 Confederacy or AiTociatioTi *, and pillaged all the 
 Goods and Revenues of the beneficed Roman Clergy 
 t)\roughout the Ifland {c). The Pope commanded 
 the King, under pain of Excommunication, to 
 chaftife them with his Temporal Arms, and the 
 Biihops to excommunicate them : But the Confe- 
 derates were too ftrong, either for the Kings to 
 touch them, or the Bifhops to excommunicate 
 them. Yet this Interval of Quiet lafted but for a 
 few Years, for Pope Innocent IV. a Genoefe (3), tak- 
 ing courage, fent one Martin, a Kinfman of his, 
 to renev/ the Pretenfions of the Court {d). The 
 
 Englijh 
 
 (2) Matth. Paris faith, That 
 Gregory IX. commanded the 
 Archbifhop of Canterbury, and 
 the Bifliops of Lincoln and Sa- 
 risbury, to provide 300 Romans 
 with the lirll: Benefices that 
 Ihould be vac.-int in their Chur- 
 ches, fufpending all their Col- 
 lations until thefe 300 were 
 provided for anno 1 240. 
 
 * Matth. Paris in Hen. JII. 
 anno I 2 3 i . 
 
 (.) Eodem anno diibaflafunt 
 horrca Romanorum per totam 
 lere Angliam a viris quibufdam 
 armatis, & ad hue ignotis, bonis 
 conditionibus &; ad commodum 
 multorum, k opus licet teme- 
 raiium in folennitate pafchali, 
 inchoantes fine contradiftione 
 &; libere, quod quandoque mini- 
 mos inter paupcres feminantes 
 cos colligere hortabantur. Idem 
 m Henrico, anno 1 232. 
 
 (3) Of the Family of Fia/J/, 
 of the Counts of Lansa^ia, 
 
 elcfted in 1 243. eall'd the Father 
 of the Canoniits. 
 
 {d) Circum idem tempus 
 mifit Dominus novus Papa 
 quendam novum pecuniae extor- 
 lorem magiltrum, videlicet Mar- 
 tinum, autenticum papalc de- 
 ferentem, & habentem potella- 
 tem excommunicandi, fufpen- 
 dendi, & multipliciter volun- 
 tati fua; refillentes puniendi. 
 Idem. Matt. Paris. 
 
 It is obfervable, that the 
 Popes pretended to fo great an 
 Authority over England, by 
 virtue of an ancient Right, 
 founded on the Donation of 
 Conftafitin, by which, all the 
 I Hands were given, as was pre- 
 tended, to the Church of 
 Rome. 
 
 Ad preces mcas, illuftri Regi 
 Anglorum Henrico II. concefSt 
 & dcdit (Hadrianus) Hiberniam 
 jure ha'reditario polfidendam. 
 Nam omncs Infulae de jure an- 
 tiquo 
 
Ben E F ic Es ^W Revenues. 147 
 
 Englijh complain'd to the King, that the Italians 
 had got pofTeflion of all the Benefices ; and the 
 King drove Martin out of the Kingdom, and mak- 
 ing a Computation of all the Revenues which the 
 Popes drew out of England^ found they were equal 
 to his ovv'n Revenue, which amounted to 60000 
 Marks (4). And upon his laying thefe Grievances 
 before the Pope, in the Council of L)ons^ who pre- 
 fided there in Perfon, he was anfwer*d, That the 
 Council was not aiTembled for that Affair (5), nor 
 was the Seafon proper to remedy it. 
 
 While this Council was held in the City o^ L^ons^ 
 the Pope had a longing Defire to beftow fome Pre- 
 bendaries of that Church on fome of his Relations ; 
 which made fo great a diflurbance in the City, 
 that on notice that they were in great danger of 
 
 tiquo ex donatione Conftantlni, 
 qui earn fundavit, &■ dotavit, 
 dicuncur ad Rom. Ecclefiam 
 pertinere. 'Joannes Sarisburie?ijis 
 lib. 4. Mitalogici, cap. 42. 
 
 (4) The fame Hilloiian faith, 
 that the Revenue of the Italian 
 EeneHciaries, cftablifh'd in Eng- 
 land, amounted to more than 
 70 thouiand Marks of Silver ; 
 and that Innocent IV. had more 
 iinpovcrifh'd the Church of God, 
 than all the Popes together had 
 done, fmce St. Peter. 
 
 EpHcopus Robertus Lincol- 
 nienfis fecit a luis Clcricis dili- 
 gcnter computari, alienorum 
 proventus in Anglia, & inven- 
 tum ell, &: vcraciter comper- 
 tum ell, quod Innocentius IV. 
 plus Ecclcliam univcrfaiem de- 
 
 peraverat quam omnes Prjede- 
 cefibres a tempore Papatus pri- 
 mitivi. Redicufque L'lericoruni 
 per ipfum in Anglia alienorum, 
 quos Ecclefia: Romans; ditaverat, 
 ad plufquam feptuaginta millia 
 Marcarum afccndit : Reditus 
 Regis non ad ejus partem 
 tertiam computatur. /;/ -vita 
 Henrici III. ad anno 1252. 
 
 In another Place, ad an.i 255. 
 he calls Innocent IV. Dijjipator 
 Eccltfi^ Dei., <y q;cr.ditor Eccle- 
 fiarum. 
 
 (5) Ha had call'd it, undep 
 pretence of fending Succours 
 to the Holy Land ; but his true 
 Motive was, to excommunicate 
 the Emperor Firderic. RainalJ 
 nn 1245. § i.^ Mattb. Paris 
 anno H^^. 
 
 L 2 bting 
 
148 (yEcCLESI A S T I C AL 
 
 being thrown into the Rhone (^;, he fent them privately 
 out of Town. 
 
 Neverthelefs the Court ceafed not to make new 
 Atrempts. In the Year 1253, the fame Pope com- 
 manded Robert^ Bifhop of Lincoln^ a Perfon eminent 
 in thofe Times, for Learning and Scritftntfs of Life, 
 to confer a Benefice upon a Genoefe, againft the Ca- 
 nons : which appearing both inconvenient and un- 
 juft, this Prelate antwer'd, That he receiv'd the 
 Apotlolick Commands wich the Refped due to 
 them, as they were conformable to the Do(flrine of 
 the Apoftles, but that the Nou-ohjlantihiis made up 
 of Uncertainties, Inconfiftencies, and proceeding 
 from want of Faith, came like a Torrent to over- 
 throw the Peace ot Cbrijlendoin : That it was a grie- 
 vous Sin to take away the Pafture from the Sheep : 
 And that the Apofiolick See had aH power to edify, 
 but not to dcftroy (/}, The Pope was enraged at 
 
 this 
 
 {(-) Ecdem tempore cum 
 ve'llft Dominus Papa quibu'- 
 dam Prsbendis Lugdunenfi'- 
 Ecclefise vacantibus, quoldani 
 alienegcr.as confanguincos ve. 
 affincs fua?, inconlulto Caji- 
 tulo inti'udere, rellitueriint ei in 
 fckcie Canonici Lugdunenfcs, 
 comminantes, &: cum juramento 
 obtclVantcs, quod fi tales apud 
 Liigdunum apparerent, r.on 
 polVet cos, vel Archiepifcopus 
 vel Car.onici, protegcre, quin 
 in Rhodanum mevgcrctur. Mat. 
 Paris, anno 1 245. 
 
 Emeric Gueri, Archbifliop of 
 Lyons, chofe rather to quit iiib 
 Archbilhoprick, than to iee his 
 Church expoffd to the Plunder 
 of the Pope. Gallia Chrijliana, 
 fng. 324. Mat. WeJlminjL 
 
 [/) Mandatis Apoftalicis, 
 fcith }:c, in his Jufzvrr to the 
 Pope, affedlione filioli devote & 
 revcrenter obedio, his quoquc 
 qurc mandatis Aj:oltolicis ad- 
 verlantur, paternum zelans ho- 
 norem, adverlbr & oblto ; ad 
 utrumque enim teneor ex divine 
 mar.daio Non eft igitur li- 
 ters, tenor Apoltolica; fanfti- 
 ia:i confonus, led abfonus plu- 
 rimum isj difcors. Primo, quia 
 de illius literre, & ei confimi- 
 lium fuper accumulate non ob- 
 llante, Icstet cataclyfmus incon- 
 llaiitia: audacia: & procacitatis, 
 inverecundix, menticndi, fal- 
 lendi, diffidenter alicui creden- 
 di, tS: ex his coniequentium vi- 
 tioruni quorum ncn ell nume- 
 rus, Chrilliana: religionis puii- 
 Utcm, 
 
Benefices a72d Rev e n u e s. 1 49 
 
 this Anfwer ('^)^ and Cardinal M^Jius a Spaniard^ a 
 prudent Man, endeavour'd to appeaie him, repre- 
 fcnting, That proceeding to Extremities, in a Caufe 
 fo odious in the World, and againft a Prehue \o 
 univerfally efl-eem*dj could have no good Eirett (A). 
 
 Bjc 
 
 tatem, Sc focialis convcrfationis 
 hominum tranquillitatem com- 
 inovens, & pertiubans. Pise- 
 
 terca non elt, nee efle po- 
 
 .tell, alterum genus peccati tarn 
 contrarium Ajxiltolorum doc- 
 trine, Sc evangdica: t^' ipfi Do- 
 mino Jciu Chriilo tam detella- 
 bile, & a'oominabile, quani a- 
 nimas cuix' paftoralis ofiicii t^- 
 minillerii deiraudatione morti- 
 ficare Sc perdere. jimi after fame 
 ■other Ro?nonJirauccs of the fa7ne 
 Strain, he finijheth his Letter 
 thus : Apoltolica; fedis fanftitas 
 -non potell nifi gu.x in a;dihca- 
 tioncm funt, & non deftruftio- 
 nem : Wsnz enim ell potellatis 
 plenitudo omnia polle in s;dili- 
 .cationem ; Hx' autem quas a'o- 
 •canc praviJiones non iiint in 
 .a;Jil:aitionem, kd in manifcJlif- 
 JimaiKdeltrudtionem. Non igi- 
 tnr eas potell beata fcdes Ajio- 
 llolica acceptaie, quia caro &c 
 ianguis [bccaufe Innocent gave 
 .all the Benefices to his Kind ed, 
 ■ and fUrd the Englilh Church 
 -xvith Genoefes)' qux- rcgnum 
 Dei non poiFidebunt, cas reve- 
 lavit. Mat. Pans, in the Life of 
 Ue/t. III. I 25 I. 
 
 (o-) Ha-c cum ad Papx avidi 
 cntiam pervenifient, nonjeca-- 
 piens. prx ira fuperbo aniino 
 ait : Q_ji> ctl ilk" Icnex dcliru?. 
 lurdus, & abiurdus, aui .fa'Ha 
 
 L 
 
 auda.v, immo S^ temerarius ju- 
 dicat (which of the two doated, 
 the Pope, who broke the Ca- 
 nons, or Lincoln, who defen- 
 ded them ? Which of them was 
 deaf, Lincoln, who hearkened fo 
 well to the \ oice of the LORD, 
 or Innoiin^, who was deaf to an 
 Apollolical Prelate, who told 
 him his Duty :} per Petrum 
 & Paulum, (he fware by St. 
 Piter and Paul againft the Bi- 
 fliop of Lincchi, who gave him 
 the fame Rebuke then, which 
 St. Paul had given to St. Peter, 
 quia reprehcnjibilis erat, is tun 
 re£le amhulabat ad <veritatem 
 E-va7igelii, (Galat. z.) inllead 
 of imitating St. Peter, who pro- 
 fited by this Corrediqn} nili 
 moveret nos innata in_^enuitas, 
 ipfum in tantam conhifonem 
 pracipitarem, ut toti mundo fa- 
 bula tbrct Sc exemplum. Ibid, 
 {h) Non c.x,pediret, Do mine, 
 ut aljquid divrum contra ipfum 
 Epiicopurn fjatuercmus, ut e- 
 nim vera fatcamur, vera funt 
 quc-e digit, non pc-fRimus eum 
 coivlqmRare. Cacholicus ell, 
 imo Cy fandifiimus, nobis reli > 
 giofior, nobis fanflior, excellen- 
 cior, i^' exccllcntioris vita:, iti 
 ut non crcdatur, inter omnei 
 Prxlatos majorcm, imo ne^ 
 parcm habeie. Novit ho: 
 CialTuana & Anglicana Cleri 
 I univcr 
 
150 0/" Ec CL ESI ASTIC AL 
 
 But whilft the Pope was meditating which way to 
 be reveng'd, Robert died, continuing to fpeak in the 
 fame Strain to the laft Moments of his Life (ij : 
 And as he pafs'd for a Saint, the Repott went that 
 he wrought Miracles. The Pope, when he heard 
 of his Death, order'd a Procefs againft him, to take 
 him out of his Grave, and ftnt it to the King to 
 
 univerfitas, noftra non prasva- 
 leret contradictio. Hujufmodi 
 epirtolae Veritas, quae jam forte 
 mukis innotuit, multos contra 
 nos poterit commovere. Haec 
 dixerunt Dominus yEgidius 
 Hiipanus Cardinalis, & alii, 
 eoniilium dantes Domino Papx 
 ut omnino hcec conniventibus 
 oculis fub diiriraulatione tran- 
 fire permitteret, ne fuper hoc 
 tumultos excitaretur. Ibid. 
 
 This CardinaU h the Tefti- 
 mony ofthefaidMa-t. Paris, ivas 
 h great Man. Pare carens, 
 Jai/ff he, columna in curia Ro- 
 roftna veritatis, & julHcis, & 
 inunerum alpernator, quas ri- 
 gorem aequitatis fleftere con- 
 lueverunt. He died 1255, aged 
 near 100 Tears. 
 
 (i) Privilegia fanflorum 
 Pontificum Rom. PrsedecefTo- 
 rum fuorum Papa impudenter 
 annul lare per hoc repagulum 
 non-obllante non erubefcit : 
 Quod non fit fine eorum preju- 
 dicio & injuria manifefta ; fie 
 enim rcprobat, & diruic, quod 
 tanti, tc tot fanfti sedificaverunt 
 
 •^ Nonne dicit Papa de fuis 
 
 plerifque prsdecefi^^oribus, iile 
 vel ille pis: recordationis pra;de- 
 ceflbr noder, & fxpe adhasren- 
 ^es fanfti pr.xdecefToris nolUi 
 
 vefligiis, iffc. Quare ergo, quaj 
 jecerunt, diruunt fundamenta, 
 qui fequuntur ? Nome plures, 
 divina gratia falvati, inajores 
 funt uno folo adhuc periclitan- 
 
 te ? Unde ergo hsec injuri- 
 
 ofa tcmerita?, privilegia anti- 
 quorum fanftorum multoruni 
 in irritum revocare ? That is to 
 fay. The Pope is not afham'd 
 to cafs and annul, with a non- 
 ohflante, the Conceffions and 
 Adls of his holy PredeceflTors, 
 not confidering the injury he 
 doth to their Memories, in o- 
 verturning all their fpiritual 
 Fabrick. When the Pope fpeaks 
 of any of his Predeceffors, doth 
 he not fay, Our PredeceiTor 
 
 A''. ■ of pious Memory ? And 
 
 very ofc he faith, Being willing 
 to follow the Footlleps of our 
 holy Predecefibr : Will he then 
 ruin the Foundations which o- 
 thers have laid ? Many Popes, 
 who, by God's Grace, have 
 happily arriv'd at the Harbour, 
 are not they of greater Weight 
 than one alone, who is in dan- 
 ger of making Shipwreck r How 
 comes it then, that Innocent is 
 fo bent upon revoking the Pri- 
 vileges, which fo many holy 
 Fathers have granted ? Matth. 
 Pari}, in the fame Life, 
 
 execute. 
 
Benefices a?td Revenues. 151 
 
 execute. But the Night following, Robert appeal 'd 
 to the Pope, either in a Vifion or Dreim, clad in 
 his Pontifical Robes, and reproaching him for per- 
 fecuting his Memory, gave him a Blow on his Sick 
 with his Crofs {,k\ which awakcn'd the Pope with 
 nn excclTive Pain, which continued with iiim till 
 his Death {/}. 
 
 In the Year 1258, Alexander IV. *, his SuccefTor, 
 on the like occafion excommunicated the Archbi- 
 Ihop of T'ork^ who perfevering and Juftifying him- 
 
 (a) Hoc anno 1254, Domi- 
 nus i'apa dum iratus fupra mo- 
 <lum vellet ofla Epifcopi Lin- 
 colnienfis extra Ecclefiam pro- 
 
 jicere juffit talem Epiilolam 
 
 I'cribi Domino Regi Aiigli;c 
 tranfmictendam : Sciens quod 
 ipfe Rex libenter defeviret in 
 ipfum, {Tor, as our Hijiorian 
 faith, 6 or "J Pages before, Ro- 
 bert ivas Domini Papa: Sc Re- 
 gis redargutor manifeilus) fed 
 nofte fequenci apparait ei idem 
 Epil'copus Lincolnienfis pontifi- 
 calibus redimitus, ac voce ter- 
 ribili ipfum Papam in ledlo fine 
 quiete quiefcentem aggreditur & 
 afratur pangens ipfum in latere, 
 i6lu impeluofo, cuipiJe bacuii 
 /"ui pailoialis : Et dixit ei, Si- 
 nibalde, Papa mifcrrime, pro- 
 poruilline ofla mea extra Eccle- 
 fiam projicere ? Unde hsec ribi 
 temeritaj ? — ^ Nuiiam potella- 
 tcm in me habere te Doniinus a 
 modo patietur : Scripfi tibi in 
 fpiritu riumilitatis, & dilcftio- 
 •nis, ut errores tuos crcbios ci)r- 
 ri2:eres ; fed tu monita falubria, 
 ialcinante corde contcmpiilU. 
 ^'jt, qai fpernis, nam Sc tu 
 
 contcmneris : & fic recedens 
 
 Robertas, ipfum Papam 
 
 dereliquit femineccm. IbiJ. 
 anno 1 2.54- 
 
 (/) Papa in Latere quafi pleu- 
 rifi infumatus, vel lancca iau- 
 ciatus : Nee potuic ei Cardina- 
 !ii Albi PliyficafufFragari ; non 
 enim pepercit Robertus Lin- 
 colnicnils Sinibaldo Jaiiucnii, 
 {^ohicb ^.vas the Isame and Coun- 
 try of Innocent) h qui vivum 
 noluerat adire corripientem, 
 fenferat mortuum impingcntem. 
 Nee unquam poltea iple Papa 
 unum bonum diem vel pro'pe- 
 rum continuavit ufquead notlem 
 vel noftcmufque addicni, led m- 
 fomnem & moleliam. Ibid 
 
 Towards the End of the 
 Year 1254. Mat. Paris reports. 
 That Innocrvt biingat the point 
 of Death, and i'e?iiig his Frunds 
 weep, faid to them, !iluid plan- 
 gitis n:ijh{ ? Konne --jos omnes 
 divitcs relinqiio ? ^'id amp/ius 
 I'xigitis r* 
 
 '" He was of the Houfe of 
 Cci'iti, the fame with Iiinoctut III. 
 and Cuvurj l)^ 
 
 L 
 
 felt, 
 
152 Of Ecclesiastical 
 
 feir, ftood the Perfecurion with great fortitude {n)i 
 and drawing near his End, wrote a Letter of great 
 prudence to the Pope, exhorting him to imitate his 
 holy PredecciTors, and to fupprefs thefe Innovati- 
 ons, To injurious to the Church, and fo dangerous to 
 the S.'.fcty of his own Soul {6) : And then died, in the 
 Reputation of a Saint and Martyr. 
 
 During the Confufions of thefe Times, there was 
 a Regulation found neceffary to be made in France^ 
 which I Ihall here recountj introducing it with this 
 
 [ri) Anno 1257. aggravavit 
 manum fuam Dom. Papa in 
 Archiepifcopum Eboracenf.juf- 
 fitque eum ignominiofe nimis in 
 tota Anglia exconimunicari. 
 Tpfe tamen Archiepifcopus cx- 
 emplo B. ThomDE Martyris nee 
 non B. Rob. Epifcopi Lincolni- 
 enfis fidelitate eruditus de fola- 
 tio celitus mittendo minime de- 
 fperavit, emnem papalem ty- 
 rannidem patienter lullinendo. 
 And 8 ?aga after, Renuit ge- 
 nua fleftere Baal, & indignis 
 Barbaris cpima bencficia Ec- 
 cleiias fuse, quafi Margaritas 
 porcis, imo fpurcis diltribiiere. 
 Ibid. And 4 or 5 Pages after. 
 Nee cenfeo praetereundum quod 
 B. Edmundus Lei^or in Theo- 
 logia Oxonialis [and afur- 
 ivards Archbijhop 0/' Canterbury) 
 ei dicere confuevic. Oh Sewale 
 '{jivhich 'vjas the Name of this 
 Archhifrjop of York) Martyr ab 
 Jioc leculo tranfmigrabis, ferro, 
 vel faltem gravibus k infupe- 
 rabilibus in mundo tribulationi- 
 btis impetitus & trucidatus. Ibid, 
 ■ad an. i 257, I 258. 
 
 (0) In amaritudine anims 
 
 fcripfit Papae exempio Roberti 
 
 , LincolRienlis Epifcopi provoca- 
 
 tus, dolens inconfolabiliter, quod 
 tam multiformiter iplum fati- 
 garat, eo quod inexpcrtos, & 
 lingua; AnglicauDs ignaros renuit 
 acccptare, nunc iufpendendo, 
 nunc ab Ecclelia eliminando, 
 nunc crucem adferendo, i^c. 
 [the Pope had forbid his frji 
 Almoner to carry the Crofs before 
 him, as nxas the Cufloiri) Con- 
 queftus eft infuper gravitefj 
 quod impetus quorundam Cle- 
 ricorum authoritate papali pro^ 
 tervientium segre fubltinuerat, 
 fed patienter, ut probra Patris, 
 non ut Cham revelando deride- 
 ret, fed ut Sem abfconderet 
 & velaret. Humiliter ergo in 
 i'cripto fuo & inftanter petiir, 
 ut confuetas tyrannides tcmpe- 
 raret, humilitatem fandorum 
 Prsdecefforum fuorum fequen- 
 do. Dixit Dominus Petro, pai'ce 
 ovcs meas, non *onde, non ex- 
 coria, non evifcera, vel devo- 
 rando confume : That is. Feed 
 my Sheep, and not Jheer them, 
 not tear out their Boivels nor de- 
 <vour them. 
 
 As fome BiOiops have done, 
 of whom nothing is to be ob- 
 tain'd, but for ready »VIoney. 
 
 Obfcr^ 
 
Benefices ^W Re venues. 153 
 
 Obfervation, That in fpight of all the Refiftance 
 and Defence made by the Princes and Bifhops againil 
 the Attacks of the Church of Rovie^ flie has never 
 loft Courage in the fliarpeft. Confli6bs, or betray'd 
 the leaft Thought of defifting from her Freten- 
 fions. 
 
 On the contrary, purfuant to thefe, in the Year 
 1266, Clement W . form'd the Projed, which would 
 have put him or his Succeffors into the abfolute 
 poffcffion of all the Collations of Benefices through- 
 out the Chriftian World ; and withal have freed 
 him from the Servitude of inventing incefiantly new 
 Shifts and Fineffes, to draw the Collations to 
 Rome. 
 
 This Pope, therefore, begun with a Bull, which 
 concluded no farther, than what concern'd the Re- 
 fervation of Benefices vacant es in Curia ; the Colla- 
 tion of which, he faith, is referv'd to the Pope, by 
 ancient Cuflom ; which, confequently, he approves, 
 and that it is his pleafure it Ihould be obfcrv'd : 
 But tho' he concludr-s no more than this, he had 
 fupply'd it with a Preface of the itrongefl: Suppofl- 
 tions, in thefe Terms : '•'■ Altho' the intire Difpo- 
 "■ fition of all Benefices belong fo juftly to the 
 ** Pope, that he might not only confer them when 
 " vacant, but alfo grant a Right of acquiring, or 
 '* of Prevention, before they are vacant, never- 
 " thelels, ancient Cuftom hath more particularly 
 " refervM thofe vacantcs in Curia : Therefore we 
 ** approve this Cuftom (/)." 
 
 If 
 
 (/)) Licet Ecclcriarum, per- 
 fonatuum, dignitacum aliorum- 
 tjue beneficiorum Ecclefiaici- 
 ■corum plenaria dirpofitio aJ 
 Romanum nofcatur Pontificeni 
 {lertinere, ita quod non iblum 
 
 ipfa cum vacant, potefl; dc jure 
 conferre, verum eiiam jus in 
 iplis tribuere vacaturis : colla- 
 tionem tamcn Ecclefiarum 
 dij^nitatum, Sc beneficioruni 
 apud ffdcin Apoftolicain va- 
 cantiutn. 
 
154 ^f Ecclesiastical 
 
 If the Decree had concluded fuitably Lo his In- 
 clinations, of declaring that the Difpofition of all 
 Benefices belong'd to him, an univerfal Outcry muft 
 have follow'd, and he have drawn all Orders of 
 Men, Ecclefiafticks as well as Princes, and other 
 Lay-Patrons upon him ; all would have been a- 
 larm'd, and have flood to their Arms, with Mani- 
 feftos and Publications of their Reafons, too loud 
 to be born : Whereas a Px'opofition, dated upon a 
 Suppofition, without feeming tomakeany Conclufion, 
 pafs'd the more eafily upon the generality of Men, 
 who were not fenfiblc how much it imported, and in 
 cittct it implied. 
 
 However, two Years afcer, in the Year 1268, 
 St. Lewis^ King of France^ wi:hout having any re- 
 gard to this Bull of Clement IV. feeing the Regula- 
 tions made by the Queen Regent his Mother, during 
 his Minority, and Abfence in the Holy-Land, were 
 not of efficacy to remedy the Abufes crept in by 
 the Difpenfuions of Benefices, made his famous 
 Fragmalkk * j wherein he commands, that the 
 
 Cathedrals 
 
 cantium, fpecialias ceteris an- 
 tiqua confuetudo Romanis Pon- 
 tihcibus refervavit. 
 
 Nos itaque laudabilem repn- 
 tantes hujufmodi coriiuet'jdi- 
 r,em, Sc earn authoricate Apo- 
 ilolica approbanrcs, ac nihilo- 
 ininus volentes ipfam inviolab;- 
 liter oblervari, eadem authori- 
 tate llatuimus, ut beneficia qua: 
 apud i'edein ipfam dc'inceps va- 
 i-are contigerit, aliquis praner 
 Romanum Pontificem conftrre 
 alicui, feu aliquibus ncn prx- 
 fumat;. Sexti Decict. lib. 3. 
 iii. de Frevhendis, cap. z. 
 
 * It is much doubted, if 
 tills Pragmatick were made by 
 St. Le-ivis or no, the Writers of 
 that Time making no mention 
 of it. Befides that, it no where 
 appears, that the Pone who 
 reign'd then, had any differ 
 rence with this Kicg, which 
 had been anavoidable, if this 
 Pragmatick had been his. 
 
 The Cardinal de BourdeiHe, 
 who refuted it in the Time of 
 Leivis XI. in a fmall Treatife,, 
 t'ntitled, Dcfcniorum Covcvrda- 
 torum inter fcdcm Jpojiolicamy 
 ^ Regan Franci'^ Liido'v XT. 
 feeixii 
 
Benefices and Revenues. 155 
 
 Cuhedrals and Monafteries fhould enjoy their E- 
 Je6ls free and iincontroul'd, that all the other Be- 
 nefices fhould be difpos'd as the Law direded \ 
 and that no Impoficions of the Court of Rome 
 Hiould be levied upon the Benefices, without the 
 King's Confcnt, and that of the Galilean Church {q). 
 
 But the Expedition of this pious Prince into 
 Jfrick againd the Moors, and his Death, which 
 happened in the Year 1270, the Intereft which the 
 
 feems to fay, that it was not 
 made by St. Le-wis in theie 
 Terms : 
 
 Qaod autcm eidem afcribitur 
 feciiie Pragmaticam per quam 
 cjuidem jullijicare nituntur 
 Pragmaticam per fereniflimum 
 Principem Carolum Regem 
 (VII.) domini nolhi Ludovici 
 genitorem editam, & per eun 
 dcm Dominum noftrum Ludo- 
 vicum, catliolice nuper abroga- 
 tam, nihil proderit eis, neque 
 p rod efie potell, fi aitendantur 
 lingula verba ejufdem farnfli fub 
 tenore hujus aicripta; fibi Prag- 
 inatic;e contenta, quae talis ab 
 aliquibus afferitur. Ludovicus 
 Dei gratia Francorum Rex ad 
 perpetuam rei memoriam, ^c. 
 
 Oiir Kings having never ufed 
 this Form, which is facred. only 
 tothePrope's Bulls. 
 
 iq) Statuimus & ordinamus 
 primo ut Ecclefiarum regni no- 
 Jtri Pra;lati, Patroni, & bene- 
 ficiorum collatores ordinarii jus 
 fuum plenarie habeant, <1" uni- 
 
 fuique fua jurifdiftio fervctur 
 
 Item proniotiones, collacioncs, 
 provifiones, Sr dirpoliticnes 
 rrailaturarum, dignitatem, cV 
 ;iliorum quorumcunqu!: benefi- 
 
 ciorum, ^- ofHciorum Ecclcfia- 
 iHcorum Regni noltri, Secun- 
 dum difpofitionem, ordinatio- 
 nem Sc determinationem juris 
 communis, facrorum concilio- 
 rum Ecclefia; Dei, & inllituto- 
 rum antiquorum lanftorum Pa- 
 trum, fieri volumus, 8c ordi- 
 namus. 
 
 Item cxafliones & onera gra- 
 viffima pecaniarum per curiam 
 Romanam Ecclefia; regni nollri 
 impofita, vel impofitas, quibus 
 mil'erabiliter regnum nollrum 
 depauperatum extitit : Sive 
 etiam imponendas, vel impo- 
 nenda, levari aut colligi nulla- 
 tenus volumus, nifi duntaxat 
 pro rationablli, pia & uigentil- 
 fima caufa vel inevitabili necelfi- 
 tate, & de fpontaneo, & ex- 
 prefib confcnfu noltro & ipfius 
 Ecclefia; legni nollri. 
 
 Nicholas Giles, in the Life of 
 St. Lcnvis, and the Compiler cf 
 the Proofs of the Liberties of 
 the Gallican Church, afTurcs us, 
 that this Ad is found in the 
 Regirter cf the Parliament. Sec 
 the Preface of Mr. Pinfon upon 
 this Pragvmtichy fag. 30. nuiiir 
 61 . and die following ones. 
 
 Houfe 
 
1^6 Of Ecclesiastical 
 
 Houfe of ^y/jou had in preferving the Pope's Fa- 
 vour, to eftablifli the Poffeffion of the Kingdom of 
 Naples^ and to recover that of Sicily -, together with 
 the Perminion the Pope had granted the King, to 
 gather Tythes in his Dominions, under the pretext 
 of carrying on the War in the Holy-Land, were all 
 powerful Concurrents to facilitate the Authority 
 the Pope had loft. And Pope Boniface VIII. made 
 it ample Reparation, who in the Year 1298, inferted 
 the Conftitution o'i Clement in the Decretals, only with 
 fome Amendment^ in making that now the prin- 
 cipal Sentence, which was before mentioned only as 
 it were occafionally,and by way q{ B^pothefis. And 
 •to give more force to this Bull by the Uncertainty, 
 lie fent it out under the name of Clement only, 
 without exprefling whether it were the Fourth or 
 Third Clement : And that Doubt we find continu'd 
 to this day, in the different Copies extant ; in fome 
 of which he is call'd the Third, and in others the 
 Fourth *. 
 
 Then it was tliat this Propofition firft begnn to 
 be admitted for Truth, That the abfolute Difpofi- 
 tionof all Benefices belong to the Pope; which they 
 pretended to underftand in a Senfe not altogether 
 abfurd : which is. That the Pope hath a plenary 
 Power, but under the Regulations of Laws and 
 Reafon [r). 
 
 But Clement V. explain'd himfelf in a manner fo 
 clear, as to leave no room for any favourable In- 
 terpretations, declaring, That the Pope hath not 
 only full Power of difpofing all Benefices, but alfo 
 
 * In the Edition of Lions, I (r) Quod Papa omnia potefl, 
 ths Subfcription of the Title prxmiffa clavi difcretionis ante 
 ^e Pr.rhcndis, is Clemem III. j clavem poteftatis, cap. quanta, 
 alias IV. I -de jwejurando. 
 
 an 
 
Benefices and Revenues. 157 
 
 an intire liberty in the manner of difpofing them (/). 
 By which liberty the Canonifts underlland, That 
 he is exempted from Obedience either to Laws or 
 Rcafon itfelf •, and that he hath a Privilege of dif- 
 pofing Benefices in what manner foever, even againft 
 Reafon, the Intereft of any particular Church, or 
 of any Lay-Patron whatfoever. 
 
 This Doctrine is alTerted on all occafions in the 
 Bulls, and there is no Canonifl", who holds it not 
 even as an Article of his Faith, That in the Colla- 
 tion of all Benefices whatfoever, the Pope can con- 
 cur with the ordinary Collator, and even prevent 
 him ; and may grant the Power of concurring with 
 the Collator, and even of conferring Benefices by 
 Prevention, to whomfocver, and when he pleafcth : 
 Which is a Power fince granted by the Popes to their 
 1-egates, by a general Conftitution. 
 
 In all the Confideration of this whole Matter of 
 Benefices, nothing is more furprizing, than that 
 which hath been all along maintained by the Cano- 
 nifts to this day, without any regard to a Truth lb 
 notorious, either out of Animofity, or becaufe they 
 think it is a Wrong to their Profefllon, to pretend 
 to know any thing that is not drawn out of the. 
 Decretals ; That heretofore the Pope conferr'd all 
 Bifliopricks and other Benefices, and that fince, he 
 hath granted away, out of meer Grace, the Election 
 to the Chapters, and the Collation to the Bifhops : 
 Tho' the Light at Noon Day is not clearer, than 
 that the Eledtion of Ecclcfiaftical Minifters was 
 firll in the People •, that afterwards it came irvto the 
 Princes hands, when they had rtCcivM the Chri- 
 
 (/■} Salva in omnibus Rom. j ecclefiafticorum plena c^- libera 
 
 Pontificis poicrtate, ad qviam 
 Rccleilarum, perlbnatuimi. dig- 
 nitatum alioruiDCjuc b.;ncficioriun 
 
 diipofitio, ex iuo.- potcllatis ple- 
 nitudine iiofcitur pcrtincre. 
 CUmmtbt Ilk. 2. t'lt. 5. irp. \. 
 
 ilian 
 
15^ O/'EcCLESlASTICAt 
 
 ftian Faith, and had taken the Affairs of the Church 
 into their Care : And laftly, that the Eledions 
 refled in the Clergy only, after the Seculars had 
 been excluded by the Artifices of Gregory VI. and 
 his Succelibrs •, every Diocefs ftill retaining its own 
 Right of elecling, and of collating its own Benefi- 
 ces ; which the Popes have, by degrees, infenfibly 
 afllim'd to themfclves, by fuch Methods as have 
 been already fliew'd, and fuch as will appear in the 
 following Difcourfe. 
 
 In the mean time, there is no doubt to be made, 
 but that this AfTertion of the Canonifts will one 
 day come to be rank'd among the Articles of our 
 Faith, in order to introduce into the Church a 
 Doclrine, fo diametrically oppofite to that which 
 was preach*d in thofe Times. For Anfelm Bifhop of 
 LiiGca^ who in the Year loSo, wrote three Books 
 ngainft Gilbert the Antipope *, in favour of Gre- 
 gory VII, which are yet extant, proves throughout 
 the fecond of thole Books, that by the Authority 
 of the Popes, the holy Fathers, the General Coun- 
 cils, and by the conftant Ufage obfcrved from the 
 Times of the Apollles, down to the Times wherein 
 he wrote. That the Elediion of the Bifhops, which 
 he calls Pontifices t, belong'd to the Clergy, and 
 Pc-opk* of the particular Diocefs : And that the 
 Kmp::Tors Coiijlanthie^ Conflans^ Valentinian^ '^heodofiuSy 
 Ror.orviiS^ Charlrinaign^ Lewis the Debonair^ with di- 
 vers oLhers excelling in Piety and Faith, have never 
 violated this Ufage, fince the Times of the Apo- 
 ftles : And citin"; withal, a Conftitution of the 
 
 D 
 
 * Or IJlhat called CUwcnt Til. 
 formerly Archbp of Ra-vcnna, 
 of whom is fpoken in the Notes 
 of the 23d Aiticle. 
 
 f Not to tal! them ?af^ in 
 
 the phiral, which, he faith, is 
 as improper and impious, ap- 
 plied fiere, as to the Name of 
 God. See in the End of the \%th 
 Article. 
 
 Capitular 
 
Benefices and Revenues. 159 
 
 Capitular of Charles and Lewis, in which it is de- 
 clar'd. That Bifhops fhall be chofen by the Clergy 
 and People of the Diocefs, according to the Ca- 
 nons (/), he faith, That this is a Conftitution in- 
 tireiy conformable to that of the holy Fathers , 
 and that the Holy Spirit fpoke no lefs by the 
 mouths of thefe Emperors, than if it had been 
 pronounced by the Council of Nice, or any other 
 general Synod. 
 
 By which it is evident. That in order to draw 
 the Right of Election out of the hands of the 
 Princes, they have held for Tradition the direct 
 contrary to that which they would have us this 
 day believe, and which the Canonrfts reach : So 
 that neceflarily either the Canonifts muft err, or 
 ;hofe Authorities quoted by the Bifhop of Lucca. 
 And if the elefting their own Bifiiops were a li- 
 berty which JesusChrist had bequeath'd to 
 every Church and Diocefs, confonant to the Doc- 
 trine of the Fathers and Councils, they are not (o 
 much in the wrong who fay. That the Court of 
 RoDie hath put all the Churches in Chains and 
 Bondage, under the colour of defending their Li- 
 berties *. 
 
 (/) Sacrorum Canomim non 
 ignari, ut in Dei nomine lan(ila 
 Ecclcfia fuo liberius potiretur 
 honorc, adfenlum ordini Ec- 
 clefiaflico prsebuimus, ut fcil. 
 Kpifcopi per eledionem Cleri 
 & populi, fecund, llatuta Cano- 
 num dc propria Diceceli, remota 
 
 perronamm Sc muncrum accep- 
 tionc ob vita; mcritum, & la- 
 pientis donum, eligantur, ut 
 cxemplo Ik verbo fibi I'ubjefkis, 
 ufqucqiiaque prodeilc \alcant. 
 Cafititlar. lib. :. cap. ^8- ^ce thf 
 page z. cf Article i 15 . 
 * See Article 7. 
 
 C 1:1 A P, 
 
l6o 0/ E C C L E S I A S T I C AL 
 
 CHAP. XXXVI. 
 
 HAving fet forth the various Methods whereby 
 the Church has acquir'd her Riches, our 
 .Sub]c«5l requires, that we fliould now be as particular 
 in the Methods taken to preferve them. In order 
 to which, in direft oppofuion to all the Praftice of 
 the Primitive Church, all fort of Alienations are 
 forbid. For tho* the Churches, after they were 
 made capable by the Laws to acquire Eftates, re- 
 tain'd both thefe which were given in prefent or 
 bequeath'd, the Bifliop had flill the liberty, not 
 only to make ufe of the Revei^ues, but even to fell 
 the very Eftates for the Maintenance of the Mini- 
 flers of the Altar, and Relief of the Poor * ; and 
 to beftow in Charities, according to the Exigencies 
 of the Times : And this Power of Difpenfation 
 extended itfelf not only to the growing Rents, as 
 in thefe Days, but to the Eftates themfelves, and 
 every Branch of Revenue. Which at firft was ad- 
 minifter'd with great Fairnefs and Integrity, and 
 without any inconvenient Confequences, and con- 
 tinued to be fo while the Churches were poor, and 
 the Bifliops had but a little to manage, and were of 
 imall Authority, which afforded them no Oppor- 
 tunities of great Tranfgreflions. Bat when the 
 Churches grev«r rich and powerful, a Fulnefs of 
 Fortune, and the Reputation and Intereft waiting 
 on thofe Circumftances, brought the Bifhops into 
 the Temptation of employing fome part of the 
 Revenues at their own pleafure, and infpir'd them 
 with a Boldnefs to attempt things, which would 
 
 * V'ide C^n. 23, 24, & 26. Cauf. n.q. i. 
 
 not 
 
Benefices and Revenues. i6i 
 
 not ordinarily have been permitted ; then they be- 
 gan to exceed all bounds of modefty, and then 
 DirpenTitions of Charity grew into DilTipation and 
 Profufion. 
 
 This made it nexeffiry to provide agiinft this 
 Evil, but the Remedy was to come not from the 
 Ecclcfiailicks, but from the Seculars, who indeed 
 had born all the lofs: As for any Diminution of the 
 ElLues of the Church, the Poor, who had the laft 
 Part *, only fc-lt it, and not the Clergy, who had 
 the two firii: Parts. 
 
 As the Churclics of Rome and Conflantinople were 
 the two principal and mofi: confiderable, it was pro- 
 per to begin the Cure there. Accordingly L^o the 
 Emperor, by an Ediil:(i), in the Year 470, forbad 
 all fort of Alienations in the Church o'l ConJlantimpU. 
 And in the Year 483, Bafdlus Cecina Pr(Fj\\1us Pre- 
 torio^ Captain of th^ Guards to Odoacer Kino; of 
 Rom", by a D.icree made in the Church during tlie 
 vacancy of tV.' See, upon the death of Pope 
 SimplicJus {2), o.rder'd, that the Eftates of the • 
 Church fliould not be alienated: snd to the three 
 iiicc ceding Popes (:?) nothing appear'd extraordinary 
 in all tins. But Odoncer being cxtin6t, and all his 
 greatnef'i with him. Pope Siniinactn in the Year 50Z4 ' 
 afiembled (4) a Council of all Ituh, in which he 
 rtprcfcnced as a great Abfurdicy, That a Lay-man 
 
 ■^ See the ATtl'cJeo or Chap- 
 ters 7 and (j. 
 
 [i) This' is Cod. 14. d,^ 
 facrofanclts Ecclcjiis, which is 
 the Law or" Leo and Antcmhn. 
 
 I z) ddmcer, iaith Matchia- 
 i>el, having poiTeU'd himleU ol' 
 the Empire, kill'd Orepis, and 
 put to flight his Son Augnjlu- 
 hii, quilted the Tide ot Err.- 
 
 peror, and made himfclf be 
 call'd King of Rome: That 
 RoKC might change its Title, 
 a>; weli as its Prince. ///•. % . 
 Hifr. nf Florence. 
 
 (3) F,i'Ux II. according to 
 others III. Gdajiiu I. and 
 A»a(iafiiis II. 
 
 (4} kx. Ravenna. 
 
 M 
 
 fliould 
 
I 6 2 Of E C C L E SI A S T I C A L 
 
 (hould make Conftitutions in the Church i and with 
 the Advice of that Council, declar*d them invalid : 
 But to avoid the Sufpicion of his defigning to foment 
 any farther Diforders, it was decreed in the fame 
 Council, That neither the Roman Pontiff, nor any 
 other Minifters of that Church, could alienate any 
 of her Eftates (5 j -, withal declaring, that this Decree 
 was not intended to bind any other Church than that 
 of Rome only. 
 
 Succeeding times made it evident, that the fame 
 Law was as neceffary in all the other Churches : And 
 therefore Anaflafius extended the Law q^ Leo to all 
 the Churches fubjecl to the Patriarchate of Confianti- 
 notle^ prohibiting them alfo to alienate (6). 
 
 But in the Year ^"^^^ Jujlinian made a general 
 Edid, which comprehending all the Churches of the 
 £afl:, the Weft, of Africh and even all Religious 
 Places, which forbad all Alienations to any pur- 
 pofe whatfoever, unlefs in the Cafe of fuftaining the 
 Poor in the time of fome extraordinary Famine, or 
 for redeeming Captives (7) •» in which two Cafes, 
 Alienations were not only allow'd conformable to 
 ancient Cuftom, but St. Amhrofe maketh mention, 
 that the Eftates of the Church, and even the con- 
 fecrated VefTels {a\ might be fold. 
 
 (5) This Canon is reported 
 by Gratian, Cauf. iz. q. z. 
 Canon. Nan Ikeat, ?o. 
 
 (6) It is the 17th Law, Cod 
 de facro-fanSlis Ecchfiis. 
 
 (7) It is the Novel 7th, cap. \ . 
 tit. I. coll. 2. 
 
 {a) Pro redemption. Capti- 
 vorum, faith St. Thomas, Sc 
 aliis nccdiitatibus pauperum, 
 
 vafa cultui divino dicata diftfa- 
 huntur, ut Ambrofius dicit 2a. 
 zse. quaell. 185. art. 7. in lefp. 
 ad 3. VidetL'r, faith Cajetan, 
 Ibid, quod in cafu neceflitatis 
 pauperum polTet portio Ecclefise 
 fabricas debita pro pauperibus 
 
 difpenfari Nam principalis 
 
 jntentio juris ad fabricas vivas 
 efertur. 
 
 Thi& 
 
Benefic Es /3;W Re VEN UES. 163 
 
 This Law of Jujlinian was obferv'd in the Weftcrn 
 Empire (8), whilft Rome remain'd fubjed: to the Em- 
 perors of the Eaft •, and there are many Letters extant 
 of St. Gregory, which make mention of Goods alie- 
 nated for the Redemption of Chriftian Slaves : And 
 for the Space of 200 Years, from Pelagius \\. to 
 Hadrian I. (9), the Roman Church was at an in- 
 credible Expence to redeem themfelves from the 
 Ravages of the Lombards, to fave their Towns that 
 were befieg*d, and to purchafe Safeguards for the 
 Country (10): And the fame Pope Gregory gives a 
 clear and fatisfadlory Teftimony of this Matter in 
 his Time. 
 
 The current Do6lrine which is advanc*d at this 
 Day, that the Goods and Eftates of the Church 
 are exempt from the publick Taxes, found no 
 countenance in thofe days •, but on the contrary, 
 thofe Eltates were the firft that were employed, be- 
 fore any Contributions were laid on private Families. 
 An J it never yet came intoDifpute, whether Princes 
 have Authority to make Laws, which, befides the 
 Force of Cuftom and Prefcripcion, is founded on 
 the ftrongeft Foundation, if we confider thefe Goods 
 as the Goods of the Church -, that is, that they 
 belonged to the whole Body or Community of 
 Believers (11), and confequently, that it was in- 
 
 (8) This Law was confirm'd 
 by CharUmaign, as to the 
 Churches, which were fub di- 
 tione Romana, lib. 2. Capituhr. 
 cap. 2g. 
 
 (9) Pelagius was chofen ih 
 579. and Hadrian in 772. 
 
 (ic) See chap. 9. of the Con- 
 ftitiUions olEv.iUiutl Cd/nme>iiiis, 
 who began to exempt the 
 Churches of the Eail from thcfe 
 
 Payments ; and the La-tv i . of 
 the 'Thcodofian Code, de a>!nof:a 
 o tributis, ij ibi Gothofred, as 
 alfo the Canons 21, ^ 22. Cauf. 
 23. q 8. 
 
 (n; Fo*" i" the firft Ages of 
 Chrillianity, the Name of the 
 Church was common to all the 
 Cono;rcgacion of the Faitiiful. 
 as well as the temporal Eilates 
 of the Church. 
 
 M 2 cum- 
 
164 0/ Ecclesiastical 
 
 incumbent on the Prince, to provide for their Pre- 
 fervation. 
 
 After the Empire was eflabHfh*d in Charlemaign^ 
 and the Roman Laws had loft their force, the Abufe 
 crept in again •, which occafion*d feveral Prohibi- 
 tions in feveral Councils (12), chiefly in Francey 
 where the Diflipations of the Church Eftates were 
 moft extravagant (13). But after the Popes had 
 
 infmuated 
 
 (12) The Councils of Meaux 
 
 and Beavois, held in 841;. Can. 
 
 17 and 18. of the firfl. Can. 3. 
 
 and 4 of the zd Concil. Jga- 
 
 thenfe anni 506. fub Clodo^veo, 
 
 Can. 7. Cafellas vel mancipiola 
 
 Ecciefias Epifcopi, ficut prifca 
 
 canonum pr.TCepit authoritas, 
 
 vel vafa miniftcrii, quafi cotn- 
 
 mendata fideli propofito, integro 
 
 ' Ecclefias jure, poflideant, id eft, 
 
 ut neque vendant, neque per quof- 
 
 cunque concraftus, res, unde 
 
 pauperes vivunt, alienare pra;- 
 
 lumant. Qi}od fi neceffitas 
 
 certa compulerir, ut pro Eccle- 
 
 iiae aut neceffitate, aut utilitate 
 
 vel in ufufruftu, vel in direila 
 
 venditione, aliquid dillrahatur, 
 
 apud duos vel tres Comproviri- 
 
 ciales, vel vicinos Epifcopos, 
 
 caafjt qua iiecefTe lit, vendi, 
 
 primitiss, coniprobetur, & ha- 
 
 biia difcuffione facerdotali, eo- 
 
 yjm fubfcriptione, quce fafta 
 
 fuerit venditio rcboretur. Ali- 
 
 ter faS;a venditio, vel tranfadio 
 
 non vait'bu. 
 
 (13) IftheBilhops oi France 
 did not make waile of the 
 Chm-ch Eftates, it was not for 
 the Reafon Fra. Paul gives 
 fiat th.e R'lmwt Laws were no 
 
 longer in force there j but be- 
 cauie neither the Conftitution 
 of Leo in 470, nor that of 
 Anaftafius, nor of Jufiiniaiit 
 were comprehended in the Fheo- 
 dofian Code, which had been 
 publifli'd in 43 8. which was 32 
 Years before the Edift of Lea. 
 For the Galilean Church ac- 
 knowledged no other Laws» 
 than thole of this Code. 
 
 Ut omnis Ordo, faith the 
 Capitular 0/ Lewis the Debonair, 
 fecundum legem Romanam vr- 
 vat. torn. I. pag. 690, 
 
 Hoc etiam volumus, ut qua- 
 lifcunque Franc us Ripuarius ler- 
 vum iuum pro reniedio animse 
 fu:e fecund. legem Romanam 
 liberum faCere voluerit, ut in 
 Ecclefia coram presbyteris, dia- 
 conis, i'eu cunfto Clero, &plebe 
 in manu epifcopi fervum cura 
 tabulis tradat, & Epifcopus 
 Archidiacoao jubeat, uc ei ta- 
 bulas fecundum legem Roma- 
 nam qua EcclcfisE vivunt, fcri- 
 bcre faciat. Regim. lib. i . de 
 Ecdejiajlic . Mjaplifiis, cap. 405. 
 Janui a Cojla ad tit. Extra de 
 fer'vis fion ordinandis, pag. 116. 
 So that it is no wonder if 
 Chariemaign permitted the Bi- 
 fliops" 
 
Benefices ^;?^ R EVE NUES. 165 
 
 insinuated themfelves into the greateft Share of the 
 Government of other Churches, finding the general 
 Prohibition to prevent Difllpations, render'd in a greac 
 meafure incfFedtual by the Bifhops, who found ir're- 
 texts to except all particular Cafes out of the general 
 Law, they made divers Ordinances *, from the Year 
 1000, until 1250, in which were prefcrib'd certain 
 little Forms of Solemnity and Ceremony, which the 
 Bifhops were oblig'd to obferve, and which ferv'd 
 as fome Reflraint and Check to this Profufion "h. 
 And Gregory X, § in the Council of Lyons^ held 
 in the Year 1274, order'd, that befides thefe Forms, 
 Alienations fhould not be good without Licence 
 from the Pope : which hath been, and is obferv'd to 
 this day •, no Alienation being ever allow'd, unlefs 
 the Utility of it be evident. 
 
 But this Utility hath not fiil'd to be particularly 
 remark'd and cenfur'd as a real Injuftice. For tho* 
 the End of all Contrads is to make things equal, 
 an Advantage on one fide turning to the Detriment 
 of the other ; yet the Canonills have ventur'd to 
 determine the Utility which the Church ought to 
 receive in alienating ; fome of them having been 
 pleas'd to fay, that it ought to be a 3d Part of the 
 Value, others, a 4th: Which hath intirely put an 
 end to the Cuftom ot felling Eftates to maintain 
 the Poor in an extraordinary Famine, or to redeem 
 Slaves i fince in their Conftru6lion, this muft have 
 
 fhops to difpofe the Eltates of 
 tlie Church, Capitular. 3. /;/- 
 ccrti qnni, cap. 3. torn. I- column. 
 527. Nor if in the German 
 Laws, ///. 20. the Alienations 
 ot" thefe Goods be forbid to none 
 but thePrielts, torn. \ . Capitular, 
 col. 62 
 
 * See the Canon, Alienations 
 Cauf. I 2. q. 2. ann. 1 1 23. 
 
 + See the Chap, i . de rebus 
 Ecclefise non alienandisin Sexto. 
 
 § Chap. 2. de rebus Ecclc- 
 fias non alienandis in Sexto. 
 
 M 3 turned 
 
I 66 0/" E C C L E S I A S T I C A L 
 
 turned to the Lofs, and not the Advantage of the 
 Church. 
 
 And thus Things feem to be inverted : To fell 
 and give to the Poor (b,) which in former Times 
 was the higheft Chriftian Perfeftion, would, at this 
 day, incur great Cenfures : And it now confifts in 
 retaining the Poffeflions of the Church, without a 
 Power even of making any Exchanges, or changing 
 the Properly of them on any occafion whatfoever, 
 unlefs upon an evident Advantage: And the Laws 
 againft Alienations, which were begun in favour of 
 the Laity againft the Church-men, are now turn*d 
 in their favour, againft the Laity. 
 
 f^) Omnes, qui credebant, 
 poffeffiones & fubltantias vende- 
 bant, & dividebant ilia omni- 
 bus, prout cuique opus erat, J^. 
 Jpojl. z. 
 
 Vendite quae poflidetis, & date 
 Eleemofynain, Luca i 2. 
 
 Si vis perfeftus efle, vende 
 qua: habes, & da pauperibus, 
 
 Si neceffitas immineat paupe- 
 ribus erogandi, faith St. Tho- 
 mas, fuperflua cura eft, & inor- 
 dinata, ut aliquis in futurum 
 confervet (bona Ecclefiae) quod 
 Dominus prohibet. Matth. 6. 
 Dicens, nolite foliciti effe in 
 craflinum. za. za. quteji. 185.^ 
 art. 7. in fine. 
 
 CHAP. 
 
BeNEFICESaWRe VENUES. 167 
 
 CHAP. XXXVII. 
 
 BU T to return to the Declaration o^ Cle7nent IV. 
 and Clement V. and the avowM Dodrineof chofe 
 times, which gives the Pope the Right of concur- 
 ring with all Collators of Benefices, and even of pre- 
 venting them : This prov'd of no great advantage, 
 except from the vacant Benefices in the neighbouring 
 Places to Rome^ where the Vacancy would foon be 
 known. As for thofe which happen'd in Places re- 
 mote, the Power of concurring or of preventing 
 was of no fervice to the Court, becaufe the Ordinary 
 would have difpos*d, before the other could have no- 
 tice of the Vacancy. 
 
 This put the Court upon an Expedient, which 
 made an univerfal Change as to the Benefices, and 
 intirely deftroy'd the ancient Inftitution through- 
 out the whole Catholick Church. This was the 
 Refervation, a Decree, whereby the Pope declares 
 before a Benefice be vacant, That no Perfon Ihall 
 take upon him to confer it when it fhall be vacant ; 
 and that if any Collation fhall be made, it fhall be 
 void. 
 
 And becaufe this Matter was fo odious in the 
 World, (as all the Comments that are made upon it 
 confefs) that it was to be ufed very fparingly, and 
 great Management was requir'd in preparing and 
 making it to be receiv*d -, the abfolute Refervation 
 which Clement IV. had made of all Benefices, vacan- 
 tes in Curiay appear'd too fevere; Therefore Gre- 
 
 M 4 gorj 
 
1 6 S Of Ecclesiastical 
 
 ^or)' X.(i), seftr^ined it to a Month only; at the 
 end of which he allovv'd tbeColhitors to make the 
 ordinary Provifions. 
 
 Clement V, (2) added to this, the Refervation of 
 the Benefices of the Cathedral Church, and of the 
 Monaftery of '^i.Crofs. oi Bourdeaux for one Time, 
 or Prefentation only (3). 
 
 (i) Statutum Clementis Pa- 
 pse pnudift. nollri de dignirati- 
 bus, & bcneliciis in Curia Ro- 
 mana vacantibus, nequaquam 
 per alium quam per Rom. Fon- 
 tificem conterendis dccernimus 
 taliter moderandum : nt ij ad 
 quos eorundem beneficiorum 
 jpeftat collatio, ftatuto pridido 
 non obllante, demum poll men- 
 km a die quo beneficia ipfa va- 
 caverint, numerandum ea con- 
 ferre valeant, 6 Decretal, i.tlt. 
 de pra-bendisy cap. 3. Nos tot 
 malis occunere cupientes, om- 
 nes & fingulas difpenfationes fub 
 receptione, aut retentione plu- 
 rium dignitatum quibus cura 
 animaruni fit anntxa--ci'.icunque 
 perlonx conceffas (Cardinahuas 
 tamen S. R. E. qui circa nos 
 i-iniverfaii Ecclefias fervieiido, 
 fmg'jlarum Ecclefiarum commo- 
 ditatibus fe itnpendunt, ac Re- 
 gum filiis duntaxat exceptit) 
 Tfor at Rome the Cardiruih 
 Kegibus aquiparantur.J duxi- 
 mus taliter moderanda!-, quod 
 per moderamen r.oltrum efFrc- 
 natam talium beneficioru-m mul- 
 titudinem refrenemus, ipiique 
 impetrantes frudu dilpenlatio- 
 rium hujufmcdi totaliter non 
 f ruilrentur.Statuimusiiaque quod 
 obtinentes nunc ex difptnlatione 
 Icgitima pluralitatem hujuimcdi 
 benehcioium- unum iantum 
 
 ex beneficils, quibus cura ini- 
 minet animarum cum dignitate, 
 vcl beneficio fine cura quod ha- 
 bere maluerint, poflint licite 
 rctinere. Aid 07ie Page after, 
 Quaj omnia (S: fingula beneficia 
 vacatma, vel dimilTa, nolbae 
 k fedis Apolt. uifpofuioni re- 
 fervamus; Tnhibcntes ne quis, 
 prffter Rom. Ppntificem de hu- 
 iui'modi beneficiis xlilponere, vel 
 circa ilia per viam permutatio- 
 nis, vel alias, innovate quoquo- 
 modo prsclumat. Extravag. tit. 
 de prreh. cap. Exccrabilis. 
 
 (2) Wlio fucceeded next to 
 him. 
 
 (3) Specialiter Burdegalcn- 
 fem Eccleiiam, & monafterium 
 fan£l.E Cruci? Burdega'tnfis, 
 ordinis S. Bcnedidli — & gene- 
 raliter Patriarchales, Archiepif- 
 copales, EpiJcopalcs ecclefias, 
 iVIonailcria, Prioratus, nee ncn 
 Canon :catusPra:benda5 Ecckfias 
 cum cura vel fine cura, & alia 
 qu;d;h*t beneficia ecclefiailica, 
 quti? apud iedem Apoltplicam 
 vacate nofcuntur ad praefer.s, Sc 
 qua: toto noilri Pcntificatus 
 tempore vacare contigerit in fu- 
 turum, provifioni, collaticni, 
 ac difpofitioni nollrs, & fedis 
 ejafdcm, hac vice, authorirate 
 Apoilolica refervamus. Exfra'u. 
 Comniun. 3 tit. de prabend^s, 
 cap. 3. 
 
 Pope 
 
Be NEFic ES <3r;?^ Re Venues. 169 
 
 Pope John XXII. his Succeffor, made a little 
 larger Step, in a Conftiiution he made to reform the 
 Piiirajity of Benefices, which prohibits the holding 
 more than one Benefice with Cure of Souls, and the 
 hokiing more than one without it, but with Dif- 
 pcnfation -, and with exception to the Cardinals, 
 to which this was not to extend : Commanding far- 
 ther, that thoie who had more Benefices fhould re- 
 fign them \ and that for the future, whoever took 
 a Benefice, who was pofiefsM of one already, fhould 
 rcfign the firft ; which refigned Benefices were to 
 remain all at the Pope's difpofal. The Pretence 
 for this Bull, which was to take away the Plurality 
 of Benefices, was very fpecious ; And tho' the Re- 
 fervation it contain'd had no other End than advan- 
 cing the Interell of the Church oi Rome^ however 
 this was made to pals only as an acceflbry Advan- 
 tage, and not the chief Defign ; and which at the 
 firit View feem'd to be without Confequence, becaufe 
 the End to which it tended, did not then difcover 
 iifelf 
 
 The many profitable Examples this Pope hath 
 lefr to his Succjfibrs of heaping up Wealth by the 
 Collation of Benefices, make it necefiary to dwell a 
 little longer upon this Head. Many Biflioprick's 
 he divided ('4), and wiien a rich Benefice wai- 
 yj.cant, he gave it commonly to one who pofiTefsM 
 
 a 
 
 (4) Adeo rebus novis ftuduit, 
 faith Platina hi his Life, ut & 
 fimplices Epifcopatus bifariam 
 diviferit, ac divifos in unum 
 redegerit, & Abbatias in Epif- 
 copatus, & Epifcopatus in Ab- 
 batias viciflim tr^nftulerit. No- 
 vas quoque dignitates nova Col- 
 legia in Ecclefiis conftituit, i^c. 
 
 He divided that of ToIouIk 
 into five, erecting it inta au 
 Archbifliopiick, and making 
 Suffragans the four Cities which 
 he dilmembred from its Diocels, 
 ■vi^:,. Montauban-,La'vaur, Rieux, 
 and Lctnbcz. He likewife aff 
 fign'd Pamle-z to it, which Bo 
 niface. Vlll. had placed under 
 
lyO (yEeCLESIASTICAL 
 
 a lefler Benefice already, that this might be given to 
 another : And he manag'd fo well, that he made 
 one Vacancy fometimes produce fix Prefentations ; 
 removing always from a leffer Benefice to a greater, 
 and filling the leaft Benefice with a new Beneficiary ; 
 fo that Money was drawn fi-om every one of them, 
 and every one contented. 
 
 Narbon, of which laft, Alet and 
 St. Pons de Tomiers were made 
 Suffragans by a New Ereftion. 
 He difmembred Caflres from 
 the Bifhoprick of Albi, St. Flour 
 
 from the Church of Clermont, 
 
 Vabres from that of Rhodes ^ and 
 Dulles from that of Limoges, and 
 placed them under the Arch- 
 bilhoprick of Bourges. 
 
 CHAP. XXXVIH. 
 
 THIS Pope invented likewife the Annates (i), 
 an Impofition upon Benefices never before 
 heard of, and which, for fome time, occafion'd great 
 Scandals. 
 
 When the Erpperors or Kings conferr'd any Be- 
 nefice, if thofe who were Candidates made any Pre- 
 fent, or agreed to pay out any part of the Revenues 
 as a Confidcration for obtaining it, the Popes in- 
 vcigh'd fliarply rgainft it, alledging that Pallage in 
 
 (i) It is not certain whether 
 John XXII. invented the Jn- 
 nates or noz,P/ati>ia&icr\hes them 
 to Ecnrface IX. Turn vero Bo- 
 nifacius, faith Platina in his Life, 
 live vice-ccniitum potentiam 
 veritus, five augendas ditionis 
 Ecclefiafticse cupidus, Annata- 
 rum ufum beneiiciis Ecclefiafti- 
 cis primus impofuit, hac con- 
 
 ditione, ut qui beneficium con- 
 fequeretur dimidium annui pro- 
 ventus fifco Apoftolico perfol- 
 veret. Sunt tamen, qui hoc 
 inventum Joanni XXII. afcri- 
 bant. See Guimier ad tit. de 
 Annatis in pragrnat.fanil. aierbo, 
 Annatarum^ pag. 468. Edit. 
 Franc, Pinfon. 
 
 the 
 
Benefices and Revenues. 171 
 
 the Gofpel, Gratis accepijlis, gratis date. Match. lo. 
 calling fuch a Contraft Simoniacal, and a fetting to 
 fale Spiritual Things : And fome Popes went fo 
 far as to call it Herefy. Others again there were, 
 who refining upon it, made great diftindion betwixt 
 the Miniftry of Jesus Christ, which confided 
 in Binding and Loofing, and the temporal PolTef- 
 fions annexed to Benefices ; and that there was no 
 Inconveniency in Princes afligning fome part of 
 thefe Temporalities to the Service of the Scate(2); 
 of which Matter there was a folemn and publick 
 DifculTion. 
 
 But this Reafoning did not fatisfy learned and 
 pious People-, for tho* the Revenues of Bt^nefices are 
 certainly Temporalities, yet the Right or Title by 
 virtue of which they are enjoy*d, is a Spirituality. 
 And fo far it was generally then allow*d, as it is at 
 this day, that the Popes had reafon to condemn 
 this Practice, and call it Simony. And it was the 
 firft occafion taken by them, to deprive Princes of 
 the Collations of Benefices. 
 
 But after the Popes had aifum'd a great part of 
 the Power to themfelves, of which they had drip- 
 ped the Emperors, John XXII. in the Year 13 16, 
 made a Decree, That for three Years, whoever ob- 
 tain'd a Benefice of more than 24 Ducats of yearly 
 Rent, (hould pay one Year's Value for Expedition 
 of his Bulls *: Which at the Expiration of the three 
 
 fice, were oblig'd to comply 
 with the Condition of the Col- 
 lator. 
 
 * See the Chapter Cum non- 
 
 (2) Thofe who had the Power 
 of prefenting, fays the Author 
 of the Council of Trent, lib. 6. 
 feeing, that befides a fpiritual 
 J'ower, they conveyed Tempo- 
 raJities withal, •viz,, the Reve- 
 nue of the Benefice, they thought 
 they had a Right to fome tem- 
 poral Confideration, and there- 
 tore thofe who obtain'd a Bene- 
 
 null/e 1 1 . ///. 2 . de prabendis ijf 
 dignitat, in Extravag. Communt. 
 And the Decretal of Clem. VII. 
 chap. 2. de Annatis in 7. De- 
 cntal. 
 
 Years 
 
172 Of Ecclesiastical 
 
 Years came to be renew'd again, as well as continti*d 
 by his Succeflbrs, tho' in divers places it met with 
 Oppofition : Some Places coming to an Agreement to 
 pay only the half of the Annate^ others to pay only 
 for fome particular fort of Benefices, and that the 
 reft fhould be exempted. 
 
 This Tax was reckon*d very heavy upon private 
 Families ; for the Annate being paid out of their own 
 Fortune, the Incumbent run the hazard of dying 
 before he reimburfed himfelf (3J. Princes likewife 
 found it a mighty Grievance, by its draining their 
 Countries offo much Treafure, without making any 
 fort of Return : Befides, that this Exaction being 
 attended by a Train of other Expences in Bulls, 
 Difpenfations, and other preparative Prefents, the 
 "Money, which is the Sinews of Power, was irre- 
 trievably funk, contrary to the courfe of other Traf- 
 licks. 
 
 When firft the Pope introduced this Novelty, 
 the Generality of People were not capable of dif- 
 4:erning the Difference betwixt this Payment and 
 that which had been fo much decried, when Princes 
 conferr'd the Benefices : But all the Learned Men 
 of thofe times univerfally condemn'd it as Simonia- 
 cal {a\ from its firft Eftablifhmerit. In procefs of 
 
 time. 
 
 (3) It was for this Reafon 
 that Bernard del Bene Bifnop 
 of Nifmes, faid to the Council 
 of Trent, That he could not ap- 
 prove the Aniiatcs, neither as 
 to the Proportion, feeing a 2Gth 
 Part of the Income he thought 
 fijfficient, nor as to the Time 
 t>f Payment ; it not feeming 
 teafenabie that any Payment 
 ihould be made before the End 
 
 of the Year, Tra. Paolo, lib, 8. 
 Cone. Trent. 
 
 {a) S:epe quaefitum eft, faith 
 a great La'wyer, an jure poffit 
 exigi, & haec fere Theologorum 
 eft opinio jurifque Pontificii con- 
 fultorum, Roman. Pontificcm 
 lege Simoniaci ambitus ut cse- 
 teros Epifcopos teneri, fi pro 
 facris minifteriis pecuniam ac- 
 cipiat. Not. in iaf. \ . de Simon. 
 
Benefices and Revenues. 173 
 
 time, fome of the Doftors fet themftlves on work 
 to defend it: So they grew divided in their Opini- 
 ons •, fome cenfuriog it as unlawful, fimoniacal, 
 and prohibited both by Laws Divine and Human; 
 others defending it as a thing allowabie, and as a 
 Right belonging to the Pope ; even to the main- 
 taining, that the Pope might of right demand not 
 only the Annate^ but more if he thought fir, as be- 
 ing the abfolute Patron or Mafler of all the Fruiij, 
 without exception i And iaftly, others, to give xhe. 
 finifhing Stroke, went fo far, as indeed they couM 
 go no farther, and declar*d. That whatever Coia* 
 traft the Pope {hould make in the Collation of Be- 
 nefices, he could not be guilty of Simony ih^ 
 Which, if it were true, that all the Goods of thtc 
 Church were his, were an undeniable Confequenne,, 
 feeing every Man may make what Contrafts he plica- 
 fes ii^ the Management of his own Eftate, withoasj 
 
 Nam prater Canones qui pecu- 
 niam omnino exigi vetant, hoc 
 genus veftigalis a fynodo Bafili- 
 enfi damnatum elt, & pcena 
 ambitus adverius eos, qui hac 
 via ad facia minifteria Ecclefia; 
 graflantur, & adeo adverius 
 gpfum Pontiiicem ftatuta, Stff. z i . 
 Nee fads peripicio, u: ie excu- 
 iare poffint hoc niodo promoti a 
 Ponthice quominus hi Canonum 
 pccnam incurranr, & tatiquain 
 vitio creati, ut vetercs loquc- 
 hantur, dignitatem honorcmquc 
 Ecclcfiafticum amirtant, fi quis 
 ad prifc-i Inltitutionis Noiniam 
 potius, quain rccepta^ confue- 
 tujdinis, hate exigere velit. Nam 
 jguoquo fc vertant Pontifices, 
 .fjuibulcimque <iecreLis, conilitu- 
 lyopJbus, pa^i'iique hanc cxadtio- 
 
 nem tueamur divinum oiaBUi' 
 lum femper iis oppoxieiutK^ 
 gratis accepiftis, gratis .datii^.. 
 G/o/T f^'ag. tit. de AnnatisV.Viisir.. 
 dchemf. lib. 6. cap. 3. 
 
 Vide Nic. de Clemaryglstfe 
 Annatis non folvendis. 
 
 (b) St. ^hoffias contKid'i^ 
 this in exprefs Terras : Vrnxb^. 
 faith he, poteLi: incurrere Wittii-^ 
 um Simoni;e, ficut k guiliikst 
 alius homo, quaaivis enim -^'s 
 Ecclcfise lint ejus ut princip.a!]is 
 Difpenlatoris, non taman lait 
 ejus u>t Domini & pofcilcMM-. 
 Et jdco ii rcciperet pro ^Jig'.it 
 re fpiritaali pccuniam de ;ce- 
 ditihus Ecclelia; alicujus, mart' 
 careret vitio Simoiiiis, ^i*. 
 ZCt^. qii-'TjUj < CO (?;■.*. » . 
 
 Jjiiyity 
 
174 Of Ecclesiastical 
 
 Injury to any other. But in this Cafe there feems to 
 be a confiderable Objedlion, which is, That neither 
 GOD nor Man have fee m*d to give their Confent 
 to ir. 
 
 In fine, John XXII. was fo intent upon making 
 the moft of every thing, that in the Space of 20 
 Years he heap'd up an immenfe Treafure : And tho' 
 he put no more Reftraint upon his Expences or his 
 Bounties, than his Predeceflbrs -, yet he left 25 Mil- 
 lions at his Death. John Vtllars faith, that in an 
 Inventory of this Pope's Eftate, which his Brother 
 made by Order of the facred College, he found 18 
 Millions of coined Money, and 7 Millions valued in 
 Plate and Ingots (4J. 
 
 The 
 
 " (4) Platina hath Reafon to 
 fay, at the End of his Life, 
 that no Pope ever left fo much : 
 And it is obfervable what Pla- 
 tina relates in the Beginning of 
 his Life, that this Pope declared 
 all thofe lor Hereticks, who 
 affirm'd that Jefus Chrift and 
 his Difciples had no Property in 
 any Goods. 
 
 Egs, faith he, dedaravit per- 
 tiuaces & ha^reticos, qui affir- 
 inaverunt Chrirtum, & ejus dif- 
 tipulos nil privati vel proprii 
 habuife; quod certe, adds he 
 'very pertinently, ncn multum 
 cum facra fcriptura convenit, 
 *iuce multis in locis teftatur 
 Liirillam ejufque difcipiilos nil 
 proprii habuifte, ut illud Evan- 
 ■elii : Qui non vendideiit om- 
 fiia qua; habet, & pauperibus 
 dtderit, non potclt meus ti^e 
 diiciptilus [the exprcfs Words 
 of the G'jfl'cl arc, Omr.is ex vo- 
 
 bis qui hon renunciat omnibus 
 quae pofiidet, non poteft efle meus 
 difcipulus, Luca 14.] It is 
 certain, that John XXII. knew 
 better, but as a good Canonill 
 he pretended to be of this Opi- 
 nion, the better to eltablifh that 
 which made him abfolute Mafter 
 of all the Goods of the Church : 
 Whereas he is really no more 
 than the principal Difpofer of 
 them ; as St. nomas ihcweth 
 in the Article I. jull now quo- 
 ted. 
 
 To this Refleaion I will add 
 another, which is. That the 
 Gallican Church hath never 
 been more burden'd nor more 
 injur'd in its Rights, as to the 
 Collation of Benefices, than by 
 the Trench Popes : Witnefs the 
 Bulls of Clernent IV. V. and 
 John XXII. reported by the 
 Author ; and what Mezeray 
 faith of Clement VII. Pope of 
 uC'vignon : 
 
Benefices z^;^^ Re VENUES. 175 
 
 The Annates at the Time of its Inftitution, were 
 only paid for the Expedition of Bulls for Benefices, 
 as they were fill*d up. But afterwards it was laid 
 on all fuch Benefices, to be paid every 1 5 Years (c)y 
 as by being annex'd to Monafteries and Hofpitals, 
 were never vacant •, from whence this Tax had the 
 Name of ^indentiium *. Paul II. laid it (5) only 
 on the Benefices united by the Popes, fince the Year 
 1 41 7. But Paul IV. extended it to all Benefices 
 united before that time : And Sixtiis V. took in not 
 only thofe which had been united by the Apoftolick 
 See, but all fuch as fhould be united by Legates, 
 Nuncio's, Bifhops and any others. 
 
 But to return to the Original of Annates ; Thofe 
 who oppos'd this Invention of John XXII. with a 
 Zeal to hinder its fpreading farther, did not obtain 
 their Ends •, bur, on the contrary, contributed to 
 the Defence of them, and to furnifh the Popes with 
 an Occafion of extending the Impofition yet far- 
 ther : Juft as the Oppoficion, made alfo in thofe 
 Days, to the Rcfervacions, produc'd the fame Ef- 
 
 A'vigmn: [All the Exactions 
 and Violences, faith he, in the 
 Life of Charles VI. cannot be 
 related without Indignation, 
 which were committed upon 
 the Clergy. The 36 Cardi- 
 nals of A-vigmn were fo many 
 Tyrants, thev had every where 
 their Officers with cxpeftative 
 Graces, which fwept away all 
 the Benefices ; the Offices ot 
 the Cloyller {Iss offices dav.ft- 
 reux in the FrcmlA the Ccm- 
 manderies rctain'd the bfli: of 
 thcic, and fold the other or 
 let them to Farm : Clement 
 himfclf, belidcs pofleffing him- 
 fclf of all the SpciJs of the Bi- 
 
 fliops, and of all the Abbots 
 that dy'd, and his taking one 
 Year's Rent of all Benefices on 
 every change of the Titulary, 
 whether it happen'd by Vacan- 
 cy, Refignation, or Exchange, 
 ravaged the Gallicu!: Church by 
 an Infinity of Vioiencss and ex- 
 traordinary Taxes. 
 
 [c) Propterea quod bcneficia 
 unita hujufmodi anipliiis vacarc 
 non fperaretur, k t-xindi* Ca- 
 mera & Officialcs fed is .Apoih 
 detrimentum non modicum pa^ 
 teretur. 
 
 • See Chapters 4. and 5. de 
 Annatis in 7. Decretal. 
 
 (5) Near the Year 1470. 
 
 leas 
 
176 Of Ecclesiastical. 
 
 fed:; the Court o^ Rome never failing to get any 
 Abufes juftify'd by fuitable Dodrines. 
 
 And therefore Benedi^ XXII. (6), Succeflbr tcf 
 7(?/&« XXII, under the Affeftation of more care in- 
 providing proper Perfons, and fuch as were every 
 way fitted for their charge, referv'd to himfelf, 
 but for his own Life only, the difpofal of all the 
 Benefices vacant in Curia, as had been formerly 
 pra6lis*d, as likewife of all vacant by Deprivation, 
 or Tranflation to other Benefices •, of all fuch as 
 were refign'd into the Pope's hands, of all that 
 belong'd to Cardinals, Legates, Nuncio*s, Officers 
 of the Court, Treafurers of the Church £(lates; 
 and to fuch as were carried to Rome upon bufinefs, 
 and happen'd to die either going or coming, about 
 40 Miles diftant from the Court-, and laftly, of all 
 Benefices vacant by the Incumbents having taken 
 another (d). 
 
 Thefe 
 
 (6) James Tournier, Monk 
 of the Order of Native 
 
 of the Diocefs of Pamiez in 
 Languedoc, chofen Decernh. 20. 
 
 '334- . ^ . ^ 
 
 (d) Gerimus in nouns de- 
 fideriis, ut debemus, qaod per 
 noftrae diligentias lludiiim ad 
 quarumlibet Ecclefiaruin & 
 Monafteriorum regimina & alia 
 beneficia EcclefialHca viri af- 
 fumantur idonei, qui prasfint, 
 
 & profint Omnes Patriar- 
 
 chales Archiepif. &■ Epifcopi Ec- 
 ciefias, & etiam Monalleria, 
 prioratus, dignitates periona- 
 tus, nee non Canonicatus & 
 Praebendas, cseteraque beneficia 
 EcclefialHca cum cura vel fine 
 cura, l^c. Nunc apud fedem 
 Apoftolicam quocunque mode 
 
 vacantia, & in pofterum vaca- 
 tura, nee non per depofitionem, 
 ve! privationem, feu tranilatio- 
 nem, aut maneris confecranonis 
 fjfpenfionem per fel. rec. Joan- 
 nem Papam XXII. feu ejus 
 audloritate faflas, & per nos, 
 feu authoritate noftra faciendis 
 ubilib.?c: Nee non fi — renun- 
 ciationcm admitci per nos, vel 
 authoritate noilra contingeret 
 apud fedem proedidlam. Ac 
 etiam per obituin Cardinalium 
 & Ofiicialium diclee fedis— — 
 & quorumcunqua legatoruin, 
 five nunciorum, ac in terris 
 Ecclefite Romanae reiftorLim & 
 thefaurariorum nunc vacan- 
 tia ^ in antea vacaturs, ubi- 
 cunque didos legatos vel nuncios, 
 feu redores aut thefaurarios, 
 antequaiTV 
 
Benefices and Revenues. 177 
 
 Thefe Refervations fo comprehenfive, and which 
 fo much reftrain'd the Authority of the Ordinaries, 
 and brought fo many Benefices into the hands of 
 Foreigners -, yet being deolar'd to take place only 
 during the Life of this Pope, were let pafs and ad- 
 mitted. But it was nor to be imagin'd that any 
 thing once eftablifli*d, by him that has the Power, 
 a Prince fo much for his Intcreft (<?), tho' for fo 
 fhort a Period, would ever be limited within its firft 
 Bounds. 
 
 Clement VI. (7) Succcifor of Benediui XII. made 
 the fame Refervations. This induc'd Edward III. 
 King of England, who faw all the Benefices of the 
 Kingdom falling into the hands of Foreigners, by 
 means of Refervations and expeclative Graces, to 
 forbid, on pain of Death, any provifional Benefices 
 made by the Pope, to be rcceiv'd within his King- 
 dom. The Pope wrote with great Concern to the 
 King, defiring him to revoke his Orders. The 
 King, in anfwer, befeech'd him to make a Refor- 
 
 antequam ad Rom. curiam re- 
 dierint, feu venerint, rebus 
 eximi concigerit ad humanis. 
 Nee non quorumlibet pro qui- 
 bufcunque ncgotiis ad Rom, cu- 
 riam venientium, feu etiam re- 
 cedentium ab eadem, fi in lo- 
 cis a didta curia ultra duas dicc- 
 tas legales non dillantibus, 172;. 
 \_in places vot dijiant 7norc than 
 t-j:o good Days "Journics from 
 Rome] jam forfan obierint, vel 
 eos in antea tranfire contigerit 
 
 de hac luce Nee non etiam, 
 
 qiix per efieeutionem quorum- 
 cunque prioratuum, dignitatum, 
 ^ aliorum beneficiorum tolla- 
 torum, & conferendorum in 
 pollerum, nunc vacantia, I's: in 
 antea vacatura, difpofitioni cS. 
 provifioni nollrx, donee mifc- 
 
 rationis divinx dementia nos 
 univerialis Ecclefi^ regimini 
 pra^lidere conccflerit, referva- 
 mus, ^c. ^his Decree is in 
 January, I33v 
 
 (c) Quai gravia ac intoleran- 
 da fed neceffitate armorum ex- 
 cufata etiam in pace manfere, 
 faith Tacitus, Hilt. 2. that is to 
 fa\\ The Exaflions were e.\'- 
 cub'd as neecilary, during the 
 War, yet they ceas'd not in 
 Peace. When a Right is once 
 ellablidi'd, 'tis no longer in the 
 pcwjr of Subjeds to hinder its 
 being perpetuated, and evea 
 encrcas'd. 
 
 (-) Fetcr Roger Archbifhop 
 of Roiie/i, Son of the Lord of 
 Rof in Lsmojin, 
 
 N 
 
 mat ion 
 
178 0/*EcCLESIASTICAL 
 
 mation in Things which were an apparent Difiionour 
 to the Church, and a Scandal to the People : That 
 the Princes, his Anceftors, had enrich'd the Churches 
 of England^ which were now fiU'd with Strangers 
 and unworthy Perfons, contrary to the Will of the 
 Teftators : That his Kingdom was fenfibly im- 
 paired every day, by the Impofitions of the Court 
 of Rome : That the Popes were certainly defignM to 
 feed, and not to fleece the Sheep : That the Kings, 
 who had heretofore difpos'd all the Benefices, had 
 fince granted the Eledion to the Clergy at the 
 Pope's Requefl ; and now they would fet thofe 
 Eleftions afide, tho' introduced by themfelves, and 
 ufurp the Difpofuion to themfelves : That, finally, 
 there was a Neceflity of returning to the old Ufage, 
 which was. That the Princes fhould confer the Be- 
 nefices themfelves (/}. 
 
 This Difference, which lafted during the Life of 
 this Pope, however brought his Succeflbr Inno- 
 cent VI. (8), to revoke all his Refervations (^), by a 
 
 (/) Cui Paps Rex Angliac 
 de concilio Cleri, & populi An- 
 glic! refcripfit, quod in concef- 
 liones hujus, quas ipfe Papa 
 faceret, prajfertim advenis, qui 
 thefauros Ecclefise deferrent, & 
 in provifiones Piaslaturarum 
 iiullatenus confentiiet, quia cum 
 olim Reges Anglije Ecclefiarum 
 Patroni de conienfu fedis Apo- 
 lloliciE Capitulis conceiTerint 
 eledlionem, fi Papa pafta hu- 
 jufmodi non fervaret, res in 
 prifdnam reverteretur naturam. 
 Albertus Argentinenfis in Chro- 
 nica, airno I 342. 
 
 (8) Stephen of Jlbert. of the 
 Country of Limojtnf Billiop cf 
 QUrmunt. 
 
 (g) A'Tortuo Clemente Papa 
 infra 1 4 dies eleftus eft concor- 
 diter Stephanas de Prinu, Cla- 
 remontenfis Francus, qui fuerat 
 fummus Poenitentiarius de- 
 mentis, & Oftienfis Epifcopus, 
 & vacatus eft Innocentius VI. 
 qui in die Epiphanis Domini 
 poftmodum coronatus ftatim 
 revocat omnes Refervationes 
 fadlas per Papam Clementem, 
 exceptis majoribus pr^laturis, 
 & in omnibus oftendit fe rigi-- 
 dum etiam erga Cardinale?. In 
 eodem Chronico, anno 1 352. 
 hauclerus ad ann, I 352. 'vol. 2. 
 generatione 46. 
 
 Bull, 
 
Benef ic Es ^W Re VEN u Es. 179 
 
 Bull, which begun with the Word Pajloralis: Of 
 this Bull many famous Canonifts make mention, 
 tho' at this day it is not extant, any more than 
 many others, whereby thofe Abufes and Ufurpa- 
 tions would have been laid open : as by the flime 
 Arcs, the Glofles or Interpretations have been rob- 
 bed of every thing that made not for the Pretenfions 
 of the Court of Rofne. But the Indices Expurga- 
 torii (9), carry y^C a much worfe Face, which were 
 
 made 
 
 (9) The Churchmen, faith 
 our Author, in his Treatife of 
 the Inquifition, have callrated 
 all the valuable Books, and fup- 
 prefs'd every thing whicii might 
 ferve for Defence of the tempo- 
 ral Authority. 
 
 In the Year i 607, a Book was 
 printed at Rome, call'd Index 
 E X pur gat or i us, in which all the 
 o^uilty Places were mark'd and 
 condemn'd, as deferving to be 
 cut out of certain Authors : 
 Which make it difcernablc at 
 the Inftant, which are the Paf- 
 fages which have been changed 
 or fuppreis'd in feveral Authors 
 of go(xi Reputation, that had 
 the misfortune to maintain tlie 
 Authority given by God to 
 Princes. 
 
 So that it is not pofTible at 
 this day to know the Senlc of 
 one of thefe Authors by reading 
 his Book, there being no other 
 Edition to be found, than that 
 which hath been fo corrected by 
 the Court of Ro?ne. But that 
 which appears of all the molt in- 
 credible, if it were not to befccn 
 in Print, is, the Decree made by 
 Cli'?n. VIII. in the Catalogue of 
 
 N 
 
 forbidden Books, of the Edition 
 of the Year! 1595. that ali the 
 Books of Cathoiick Authors, 
 wrote fmce the Year 15 15, 
 Oiould be corredlcd, not only 
 by retrenching what was not 
 conformable to the Dcdrine of 
 the Church, but alfo by adding 
 what fliould be judged proper. 
 [In libris Catholicorum recen- 
 tiorum qui poll annum Chn- 
 llianx falutis 151 5, confcripti 
 fint, fi id quod corrigendum 
 occurrit paucis demptis, aut 
 additis emendari poile videa- 
 tur, id corredtores faciendum 
 curcnt, fin minus, omnino de- 
 leatur. De correSliotic lihoru?n, 
 §. 3.] And tho' it is but fix 
 Years, faith he, fince this Pre- 
 cept hath been publilh'd, yet i*. 
 hath conllantly been put in prac- 
 tice for thefe 70 Years. If there- 
 fore the true DoiStrine concerning 
 the Authority of Princes, be no 
 longer to be met with in Books, 
 but another altogether in fa- 
 vour of the Church- men ; we 
 know who hath taken av.ay the 
 one, and fubltituted the other 
 in its room. Finally, we may 
 rcll fatisfy'J, that we have no 
 :; Bcok 
 
l8o O/'ECCLESIASTICAL 
 
 made by the Do6tors of the Church, fubfervient to 
 that Church, of all Books •, in order to accommodate 
 them to its own Interefts, before they were fufFer'd to 
 go abroad. 
 
 Some few Years after, the Refervations coming 
 a2;ain to be reviv*d, and to gather Strength, the fame 
 King Edward, in the Year 1373, fent an Ambaffidor 
 to Pope Gregory XI. then at Avignon^ to prefs him 
 to annul the Refervations intirely * : Which at length. 
 
 Book left on this Subject, ge- 
 nuine, and conformable to the 
 Original. 
 
 And in the §. 2. it is faid, 
 That all Propofitions which are 
 againil Immunities, and Eccle- 
 fiartical Jurifdiftion, or which 
 give Authority to that tyran- 
 nical Policy, which the Secu- 
 lars falfly call Reafon of State, are 
 to be corretted : Expargafid^p funt 
 p-Qpofiiioncs qucv funt contra liherta- 
 tem, Innminitatem, i^ jurifdlBio- 
 7!£7n Ecdefiaflicam. Under colour 
 of correcting or fupprcffing thefe 
 Propofitions, they expunge 
 every thing that makes for the 
 Intereil of Princes, Itetn qii^r 
 i';rauuica?ii Politiam fovetit, ts 
 quam falfo 'vocant rationetfi Jla- 
 tus dcleantur. 
 
 By this way of reafoning, all 
 Princes are Tyrants ; for how- 
 ever jufi: and religious they are, 
 there can be no Government 
 without a Reafon of State, by 
 which they aft, and without 
 which no Princes could main- 
 tain themfelves in their juft 
 Rights. Thus Fra. Paolo hath 
 good Reafon to fay, in I'lh. 6. 
 Cone. Trent, [That the Court 
 
 of Ro7ne never found a more 
 valuable Secret to make Alan- 
 kind degenerate into Brutes, 
 than to deprive them of the 
 Knowledge which is neceflary 
 to defend them from its Ufur- 
 pations.] 
 
 What therefore mull be the 
 Confequence, if our Magiftrates 
 continue to allow the Church- 
 men to fupprefs good Books ? 
 The Do£tor, who hath placed 
 the Hillory of the Council of 
 Trent in the Catalogue of pro- 
 hibited Books, in the Year 
 1685. may, perhaps, have adl- 
 ed out of great Zeal ; but fomc 
 of the moll able Men of the 
 Kingdom have been of Opinion, 
 his Learning was not fuitable 
 to his Zeal : And fome have 
 not fcrupled to fay, That in 
 doing a great Service to the 
 Court of Rome, he has done a 
 great Diflervice to the Crown of 
 Frattce. 
 
 * See Kauclerus in Chronica, 
 ■vol. 2. gencr. 36. ^ 47. Albert 
 Krant% in hiji. Saxon, lib. 10. 
 cap. A. ilf in hiji . Vandal, lib. g. 
 cap. 6. ^jj Gnguin. lib, 9. cap. i. 
 in Carolo Y . 
 
 after 
 
Benefices and Revenues, i 8 i 
 
 after two Years in agitation, were, in the Year 1375, 
 totaHy abolilh'd by this Pope. 
 
 But a great Schifm arifing in the Church upon 
 his Death, which happen'd in the Year 137S, and 
 produced two Popes, and confequently two Courts, 
 the neceffary Expenccs to fupport them were aifo 
 doubled, to which mud be reckon'd the extraordi- 
 nary Occafions for profecuting the War with ri- 
 gour againft each other. Thus all Inventions for 
 raifing Money, and fleecing the People, were fee 
 on work with frcfli Vigour (/j) : Simony appear'd 
 no where fo barefaced, the two Courts holding an 
 open Market for Benefices (?) \ and every EfTay was 
 made, that was pofllble, to flrip the ordinary Colla- 
 tors of the Right of prefenting. 
 
 Hitherto the Court Qi^ Rome had not taken off the 
 Mask, nor had fo avowedly own'd that Paflion flie 
 had for Money, and that it was the ultimate End 
 of all her Adions. She had hitherto condefcended 
 to give Reafons tor what flie did, that carried a 
 
 (/') H.TC revera de Romano 
 Pontificatii altercatio multis 
 incommodis, turn alias nationes, 
 turn geiUfin Gallicam vexavic. 
 Nam Cardinalcs 30 Clcmentis 
 caufam fecLui exploratorcs per 
 Franciam conllitueranc, qui 
 Ecclefiaium opukntiorts pro- 
 ventus inquirerent qua;) Rec- 
 toribus vacuas mox fjbi a 
 Clfincntc obtinchant. Tulit 
 quoquc Clemens de vacatiiiis 
 Krclefiis legem quam e.vpefta- 
 tivam gratiam appellabant, qua 
 ad adipifcendas mortc poffjflb- 
 rumF.cclefiasfasjuiqueexpedanti 
 per Pontilicem defignato erat, 
 Iblis ex hac lege Cardinalibus & 
 potentioribus viris Ecclefise con- 
 tlngcbant. Exigebanlur pra:te- 
 
 rea a Clero decimae, c^- de ma- 
 joribus Ecclefiis dum Pallore 
 orbata; erant, primi anni pro- 
 ventus legebantur. Id annatam 
 vocant, quam Camera; Apollo- 
 liar deberi Romani contendunt. 
 Gaguin. lib. 9. cap. 3. in Ca- 
 rolo VI. Vide Nic. dc Clemangis 
 de corruptoEcckfta J]atu,cap. 27. 
 jii-venaly de IJrfinis, in the Lif?; 
 oF Charles VI. anno. 1381. 
 /illen CJjartier a.nd Nichalas Gilles 
 au!:o I 3 S 5 . 
 
 (/) Tempore ejus (Ronif. IX.) 
 valde infamis curia iiabi?batur 
 de labe Simoniaca, ut benelicia 
 non tarn meritis quam pecuniam 
 ofFereniibus darentur. Naucler. 
 in Chronica, -vol. 2. gener. .fj. 
 anno l 389. 
 
 3 good 
 
1 8 2 Of Ecclesiastical 
 
 good Appearance to the World, either on pretence 
 of providing better for the Benefices than the Ordi- 
 naries ufually did, or of preferring fome Perfon of 
 particular Merit (/^). 
 
 But Urban VI. left it no longer to conjefture, why 
 he concern'd himfclf with the Collation of Bene- 
 fices, v^^hen he declar*d, That no Prefentation 
 fhould be good, where the Value (/) was noc ex- 
 prefTed. 
 
 Heretofore Benefices were given chiefly for fpiri- 
 tual Purpofes, the temporal Part was an accelfary 
 and an accidental Circumftance of Convenience 
 only, and not of the firft Confideration : But after- 
 wards the fpiritual Part was no more fpoken of, 
 nor the Office or Duty any longer regarded, but the 
 Profits. 
 
 {k) Etfi, faith Clement V. 
 in temporalium difpofitione 
 bonorum habenda fit difcretio- 
 nis cautela, praecipue ell; ut ea 
 digne & laudabiliter difponatur 
 in Ecclefiallicis tamen rebus 
 multo fortius inviligare noftra 
 debet intentio, ut juxta perfo- 
 narum conditiones & ftatus ad 
 divini nominis laudem & ipfa- 
 rum utilitatem provideatur ex 
 merito Ecclefialticis perfonis : 
 Cum juxta canonicas fandliones 
 nil fit quod Ecclefiie Dei magis 
 officiat, quam quod indigni 
 affumantur ad regimen anima- 
 rum. Extravag, Cornm. I. 3. 
 ///. de Vrttbcndis, cap. 3. 
 
 (/) Item voluit quod in 
 gratiis quas quibufvis perfonis 
 de beneficiis vacantibus, feu 
 certo modo vocaturis, fieri con- 
 tigerit, illorum & aliorum 
 quorumcumque beneficiorum qus 
 <ii6lae perfonse tunc obtinuennt, 
 
 feu de quibus his fuerit pro- 
 vifum vel conceffum, vel man- 
 datum providere verus annuus 
 valor per Marcas argenti, aut 
 Sterlingorum, vel libras Turo- 
 nenfium parvorum, feu florinos 
 auri, aut ducatos, vel uncias 
 auri, feu aliam monetam fecun- 
 dum communem jcftimationem 
 exprimatur, nifi perfonas prae- 
 didiB beneficia, quje tunc ob- 
 tinuerint, aut in quibus, vel ad 
 quas jus eis competit, juxta ip- 
 iarum obligationes, aut alias 
 dimittere teneantur, alioquin 
 gratias prasdidae funt nulls. 
 This Decretal of Urban is he- 
 come a Rule in Chattceiy, atid is 
 the ^^th of the Rules or Orders 
 of the Apofolick Chancery, pub- 
 lijhed by Innocent XIX. Vide 
 Rebuff, ad Rubric, de Annatis 
 in concordatis, & Felin. ad 
 caput ad aures 8. num. 4. Extra 
 dc Refcriptis. 
 
 Thus 
 
Benefices ^WRevenues. 183 
 
 Thus it {lands at this day, infomuch that when 
 Power is given to the Nuncio's to confer fmall Be- 
 nefices, the Importance of the Cure, that is, whe- 
 ther they fhall be reputed great or little, is deter- 
 min'd only by the Value of the Income : And in the 
 Refervations of the Monafteries, the Spirituals go 
 for nothing ; but all the Benefices above the Value 
 of 200 Crowns are referv*d, the reft are left at li- 
 berty. 
 
 By thefe Methods the Apoftolick Chamber came 
 to a jufter Knowledge of the value of the Annates ( i o) ; 
 for if two Perfons happen to obtain the fame Be- 
 nefice, the Bulls in favour of him who values it 
 higheft, ftand good, the others are made void. 
 Some are apt to call this a fetting the Benefices to 
 publick Outcry, and taking the beft Chapman : 
 Others fay, that it is only to prevent the Chamber 
 being defrauded of its Right. But as this is a Con- 
 fideration more proper for the Annates,, we (Kail re- 
 turn to the unhappy Times of the Schifm we men- 
 tion'd, which made fo large a Rent in the Church. 
 
 (10) This is alfo done, to 
 oblige thofe who have not ex- 
 prefs'd the Value to take out 
 fecond Provifions or Grants, 
 dearer than the firft, in order to 
 affure themfelves of the Bene- 
 fice. 
 
 What would that holy Bi- 
 fhop of Tournay fay in thefe 
 days ? who asking Money of 
 one of his Friends to buv Lead 
 
 to cover his Church, writ to him 
 in thefe Terms : 
 
 Rogamus & petimus ut ali- 
 quid de benevola & benellca 
 liberalitate veltra nobis mittatis, 
 quo plumbum emamus, non 
 Romanuni, fed Angiicum, 
 quoniam Anglico plumbo te 
 guntur Ecclefiac, nuoantur 
 Romano. Steph. Tornacenju, 
 ep. 147, ad VaUemarum. 
 
 N 
 
 C H AP, 
 
184 0/"EcCLESIASTlCAL 
 
 CHAP. XXXIX. 
 
 No Man denies, but that the Diforders were 
 notorious in the Roman Courts on this oc- 
 cafion. And that which encreafed them was, that 
 fome Kingdoms and Countries were fo fcandaliz'd 
 with the Variety of Tricks and Shifts they faw 
 pradtis'd, that they came at laft to acknowledge 
 neither of the Competitors for Pope {i). This put 
 them upon the Neceflity of an Expedient, not very 
 endearing to the Subjeds, which was, to raife and 
 levy as much upon thofe who continued ftill in their 
 Obedience, as they could have expedled from all 
 their Subjeds together, had there been no De- 
 fection. 
 
 Germany refus'd to fubmit to the Refervations 
 and Expedative Graces, and the Ordinaries con- 
 ftantly prefented, without any regard to the Roman 
 Bulls. 
 
 On the other fide, Imwcent VII. in the Year 1359, 
 fent a Legate into German-j^ to grant new Bulls for 
 certain Sums, to fuch as had come in by Epifcopal 
 Collation ; and alfo to compound for the Fruits 
 
 (l) If all the Chriilian Prin- 
 ces had done the fame, without 
 making themfelvcs of either 
 Party, the Schifm which lalled 
 £;o Years, would not have Jail- 
 ed 50 Weeks : For thofe Popes 
 would not have perfilted in 
 maintaining a Dignity, where- 
 
 by they reaped neither Honour 
 nor Profit. Every body knows 
 the good Effcft which the Let- 
 ters of Subrtradion had (which 
 is a Declaration of withdraw- 
 ing from Obedience, i^c.) which 
 the King of France publifh'd in 
 the Year 1408. 
 
 already 
 
Benefices and Rev en ves. 185 
 
 already receivM (a)^ which were quitted and re- 
 leafed to the Incumbents, on condition of reftoring 
 a certain part to the Apoftolick Chamber. But as 
 this would have carried great Sums out of Gerjnany^ 
 the Emperor Charles IV. forbad the levying them, 
 faying, It was neceflary to reform the Manners of 
 the Clergy, not their Purfes. 
 
 But all thefe Confufions receiv'd a confiderable 
 Increafe, by the Addition of a third Pope (i), in 
 the Year 1409, to whom tho' France paid Obe- 
 dience, yet flie flood firm in maintaining the King's 
 Edi6l (2), made three Years before * ; by which all 
 Refervations, Annates^ and other Exactions of the Courc 
 o^ Rome were forbid, until they were fettled by a lawful 
 General Council. 
 
 [a) Mifit Innocentius Papa 
 legatum fuum Epifcopum Cal- 
 vaccnfeni pro fubfidio Camerae, 
 & dedit ei poteitatem difpen- 
 J'andi cum Clericis ad benehcia 
 curata, vel fine cura ad digni- 
 tates aut officia quit minus ca- 
 nonice haberent, aut fuifient 
 adepti cum frudibus inde pre- 
 ccptis. Erant ibi etiam Saxo- 
 mjz & Bavaria; Duces, voca- 
 vitque Imperator legatum, ic aa- 
 divit eundem fuper commiflis : 
 Quo fafto dixit Imperator, 
 Domine Legate, Papa mifit 
 vos ad Gerni:iniam in qua mag' 
 nam pecuiiiani corraditis, fed 
 Clero nihil reformatis. Naucle- 
 rus in Chiotiico, <vol. z. generat. 
 46. anno 1359- Adde Parali- 
 pomena rerum memorabilium 
 Cratonis Milii an. 1375. Is 
 Chronicon. Gennani Mudi, an. 
 1360. 
 
 (1) Alexander V. chofen by 
 the Cardinals, who were Crea- 
 tures of the two other Popes, 
 by Virtue of the Subrtradtion 
 ordain'd by the Council of 
 Plfa, after the Example of that 
 made in France. 
 
 (2) The Cardinal de Tbury 
 (faith Mojjfirelet, a contempo- 
 rary Author) came to Paris, 
 and requeiled the Council and 
 the Univerfity there, that they 
 would raife two Tenths upon 
 the French Church ; which was 
 not agreed to, becaufe the Uni- 
 verfity oppos'd it in the Name 
 of all the Church, and obtain 'd 
 a Royal Mandate, to all the 
 King's Officers, commanding 
 that whoever came \_es mcdes 
 dc h'urs edifices'] with fuch and 
 the like Requelb, Ihould be 
 expell'd the Kingdom. Life of 
 Cha. VI. 1409. 
 
 * In the Year 1406. 
 
 Th 
 
 IS 
 
l86 O/'ECCLESIASTICAL 
 
 This King being incapable of Government, all 
 Edifts and AO:s of State were iffued in the Name, 
 or by the Authority of Lewis Duke of Orleans, his 
 Brother, who had the Government of him. But 
 the Duke being kill'd (3), it was eafy for Pope 
 John XXIII. to recover the Collation of Benefices in 
 France, by allowing, that the King, the Queen, the 
 Dauphin (4), and all the Houfe of Burgundy fhould 
 have the Nomination Of all thofe confer'd on 
 their own Servants, on condition the Pope fhould 
 have all the reft. Yet the Court of Rofne enjoy'd 
 this Agreement but to the Death of this King ; for 
 Charles VII. his Son renew'd the Edifts (b). 
 
 In feveral States and Governments of Ilaly, divers 
 Regulations were alfo made, tending all to remedy 
 thefe Abufes. Baldus tells us, that even the City of 
 Bologna, among divers Provifions of this Kind, 
 made an order, That no more Benefices fhould be 
 confer'd on any but Natives of that City, and of 
 the Territory belonging to it. Nor were the Popes 
 in thofe Days much confidered i a plain Inftance of 
 which appear'd at Florence, where John XXIII. re- 
 fiding at that time with his Court, was deprived 
 
 (3) By Order of John Duke 
 of Burgundy, his Coufin, an. 
 1407. 
 
 (4) The Archbiihop of Pifa 
 came to Paris, fent by Pope 
 John, to treat about the Ex- 
 peftative Graces, and Promo- 
 tiorvs to Prelacies, the Royal 
 Ordinances being then in force, 
 which plac'd the Difpofition of 
 them in the Ordinaries' ■ 
 
 The faid Ordinances were an- 
 nuird ; for the King, the Queen, 
 the Dauphin, had the Nomi- 
 Hation for their own Servants, I 
 
 as alfo the Univerfity. Jwvenal 
 Urjinorum, in the Tear, 1414. 
 
 [b] Exadtiones pecuniarum, 
 quas ab aliquibus retroaftis 
 temporibus Curia Romana, 
 feu Camera Apoflolica, fub prs- 
 textu vacantium beneficiorum, 
 aut alias quovis modo & colore 
 prarmiflbrum applicari voluit, 
 penitus cefTabunt. Ihis Ordi' 
 nance hears Date April 13th, 
 1418. and is reported in the 
 Conference of Ordinances, lib. I . 
 tit. 3. part 2. §. 3. 
 
 for 
 
Benefices and Revenues. 187 
 
 for five Years of the Collation of Benefices in that 
 State, upon a Diforder occafion'd by that Pope's 
 prefenting to a Benefice {c). 
 
 It was to that Age the Court of Rofne was behol- 
 deng for Inventions, fo refin'd and fo ferviceable to 
 her of Claufes inferted in Bulls which were perplex- 
 ing and inextricable, diftinguifliing betwixt the Pe- 
 titions or Requefts fign'd Concejfum, and the others 
 fignM Fiat (s) '• And betwixt thofe Bulls difpatch'd 
 with the Claufe Motu propria, and thofe with the 
 Claufe Anteferri (6) i which laft gives the prefe- 
 rence, and makes the Condition more advanta- 
 geous. 
 
 From 
 
 (f) Florentini propter unl- 
 cum abufum a Papa commif- 
 fum in conferendo unam Ab- 
 batiam fitam in eorum ditione 
 privaverunt Joannem XXIII. 
 Papam in eorum civitate tunc 
 degentem, potellate conferendi 
 beneficia in eorum ditione fita 
 ufque ad quinquennium. Molin. 
 in notis ad Senatui-confultum 
 contra abufus Pap. 
 
 (5) The Difference betwixt 
 the Petitions fign'd ConceJ/um, 
 and thofe wherein the Pope 
 fays, ftat ut petitur, is. That 
 thefe latter always grant fome 
 Grace, and are fign'd with the 
 firft Letter of the Pope's Chri- 
 ftian Name, and with his own 
 Hand, betwixt the Petition and 
 the Claufes ; whereas the others 
 are fign'd only by the Officer 
 of the ConceJJiim, in this Form, 
 Conceffum ut petitur in prafeatia 
 Domini nojlri Paptr, with the 
 firft Letter of his Name, and 
 his Surname betwixt the Peti- 
 
 tion and the Claufes : And the 
 Conceffum on the Sides of the 
 Clauies, with the two capital 
 Letters of his Names. See the 
 34th Rule of Chancery. 
 
 ('6) All thefe Kubricks be- 
 gan under the Pontificates of 
 Boniface IX. Pope at Rome, 
 and of Benedict XI. Pope at 
 Avignon. 
 
 Char hi du Molin, in his 
 Notes upon the Edidl, fet forth 
 an7io 1 406, againft the Exafti- 
 ons of the Court of Rome, faith, 
 Bcnedidus XIII. multas valde 
 anomalas & exorbitantes bene- 
 f.ciales & alia.s gratias, pecunia; 
 emungenda; gratia, faciebat, fe- 
 quendo in hoc Bonifacium IX. 
 impium Corrivalem fuum, qui 
 adco Simonem Magum imitatus 
 ell, ut morientibus Cardinali- 
 bus, qui Sinioniam oderant 
 fummopere kttarctur, 
 beras habenas habere 
 ad Simoniam publico 
 I dam. Plus offerenti 
 
 velut li- 
 
 incipiens 
 
 exerccn-' 
 
 indifcri- 
 
 minatnn 
 
l88 0/* Ec C L E SIA ST I C A L 
 
 From hence it follow'd, that many Bulls were ob- 
 tain'd for the fame Benefice, which, befides the An- 
 nates being multiply'd by this means, produced 
 Law-Suits, and thefe were to be carry*d on at Ro?ne, 
 to the great advantage of that Court. To which 
 was added another Improvement, which refin'd 
 again extreamly upon thefe Inventions •, this was. 
 That if one of the Parties happen'd to die, another 
 Litigant was fubftituted, that the Caufe might not 
 die with him ; but that from his Death another 
 Annate might arife, by which the Law-Suits were 
 perpetuated, and in fome fort made immortal. 
 Thefe gave rife again to the Claufes Si alteri^ Si 
 -neutri^ Si nulli : By which, while the Benefice was 
 given to a third Perfon, the Suit however went on, and 
 was happily preferv'd betwixt the two firft. 
 
 To remedy therefore thefe Diforders and Corrup- 
 tions, and to put a flop to thefe wretched Litigations 
 among their Subjedts, Princes were oblig'd to fix the 
 Right of Poflefiion to Benefices, by reftoring the Cog- 
 nizance of the Beneficiary Rights to the Secular 
 Power ; a Right, which however clear in it felf, the Ec- 
 clefiafticks had ufurp'd (7) by the Connivance of the 
 Princes themfelves. 
 
 Buc 
 
 minatim vendcbat piicritates 
 dararum. Et hrcc Mercimonia 
 palam in Curia multis annis 
 cxerc'jit. Et adhuc priorcs 
 IMercatores eliidebat inventa 
 Claufula, anteferri pro rq flo- 
 renis ; & hos rurfus per prero- 
 gativum Antelationis pro 50 
 ducatis, fixis etiam multis i-e- 
 gulis Cliancellarije quas pretio 
 ref,geret, ut late Icribit Theo- 
 doricus a Niem, qui illis pra-- 
 lens adfuit. lib. z. afp. 6. tif Jfq. 
 
 {•/) The Parliament of Paris, 
 which was in part cocnpos'd of 
 Couni'ellors that were Clergy- 
 men l_Co>:rei tiers C teres J con- 
 tributed much to the Diminu- 
 tion of the Authority of the 
 Ecclefiallical Judges. 
 
 Item, Jurii'diftio temporalis 
 per Ipiritualem non debet im- 
 pedire, & fi contra fiat, Curia 
 prxfens confuevit compellere 
 ipiritualem ad rcmovendum im- 
 pedimenta talia per captionem 
 
Benefices and Revenues. 189 
 
 But the Regulations made by them againft all thefe 
 Innovations in their Dominions, ferv'd but to fharpen 
 the Induftry of the Court of Rome^ to find out other 
 Expedients, which might have the fame Effeft, under 
 other Pretexts ; as well as to fupply, by a Multiplica- 
 tion of new Rights, their Defedlof Power in Matters, 
 wherein the Interpofuion of Princes had reftrain'd 
 them. 
 
 fu.'c temporalitatis. Ita diflam 
 fiiit per Arreflam Curiae in Par- 
 liamento anni 1327. contra E- 
 pifcopum Rhemeniem pro Ca- 
 
 pitulo di(fl2e Ecdefiar. Cap. 29,' 
 partis I. Stili Curies Parlia?n. 
 §. 10. 
 
 CHAP. XL. 
 
 IT was in thefe Days that Refignations alfo ap- 
 pear'd in the World, not fuch as were juftifiable, 
 and made upon good Grounds ; for fuch indeed 
 were of very great antiquity : but others of a very 
 different nature, and which the World, at this 
 day, by no means approves. It never was allow'd 
 to Church-men to quit the Cure that had been af- 
 fign'd them, whenever they pleafed : For it was 
 highly reafonable, that whoever had undertaken a 
 Charge, and had receiv'd his Recompenfe for it, 
 which is the Benefice, fliould continue to perform 
 it(0. 
 
 Neverthelefs, feeing a Cafe might happen, in 
 which it might be neceflary, or at^leafl: reafonable 
 
 (i) Can. fi qui vero. Can. fi I q. r. Can. Santtorum 70. did. 
 quis Presbyter. & Can. Epifco- I hit Vvolar, not. ep. 121, 
 puni 7. q. I. Can. Clcricua z\ \ 
 
 and 
 
igO 0/' E C C L E S I A S TI C AL 
 
 and expedient for a publick or a private Confidera- 
 tion, that a Man fhould quit his Benefice : From 
 thence came the Practice, that a Man might, with 
 the permifTion of his Superiors (2), for fome law- 
 ful Caufe, renounce. The Caufes that were then 
 allow*d to be fo, were Infirmities either of Mind or 
 Body, old Age (3 j, or the Danger in refiding in a 
 Place, where a Man happen'd to have powerful 
 Enemies. 
 
 As foon as the Renunciation was receivM by the 
 Bifhop, the Benefice was efteem'd vacant (a), and the 
 Collator confer'd it in the fame Forms as if it had been 
 vacant by Death. 
 
 At lafl thefe Renunciations came to be pra6lis*d 
 for no fuch urgent CauffS, but it grew to be a fuf- 
 ficient Caufe, if the Renouncer had a mind to re- 
 f]gn it to one of his own Nomination (b)^ And as 
 
 a 
 
 (2) Vide cap. 4. extra de re- 
 nunciatione. 
 
 (3) Vide cap. 10. extra de 
 renunciatione. 
 
 (a) De Presbytero, qui Ec- 
 clefiam quam regebat nulla co- 
 gente neceffitate in manu tua 
 refutavit, & per manum Lai- 
 corum cubile fponfae, qua fe 
 indignum, vel quam fe indig- 
 nam, refutando judicavit, cona- 
 tur afcendere hoc fraternitati 
 fuse, reipondeo, quia juftum elt, 
 ut in judicio, quod de fe judi- 
 cavit, permaneat, & fponfam, 
 quam repudiavit, vivente fra- 
 tre, qui ei legitime incardina- 
 tus ert, adulterare non prsfu- 
 mat. Tvo. Carnot.ep. i^i. njide 
 cap. 3. extra, de renunciat. 
 
 (b) Balfamon on the 76 Canon 
 \^des Jpojlres] faith, that an an- 
 cient Bilhop having a mind to 
 
 refign his Bilhoprick to one of 
 his Friends, the Affembly of 
 Bilhops would not admit his 
 Refignation. The Paffage is 
 here tranflated jinto Latin by 
 Janus a Cojia, which is very re- 
 markable, 
 
 Tu autem die, quod etiamfi 
 non ad fuum cognatum Epifco- 
 pus Epifcopatum tranfmiferit, 
 fed ad alienum, idem erit, Epif- 
 copos enim a Synodis fieri de- 
 cretum eft. Et ideo etiam vita 
 funflus ille urbis Philippi Me- 
 tropolitanus maximus fuse Me- 
 tropoli Tub hac conditione re- 
 nuncians, ft ejus Oeconomum 
 urbis Philippi Metropolitanum 
 pro fe ipfo landla Synod us con- 
 ftitueret, non eft exauditus, fed 
 exaudiit, quod fi res quas poft 
 eledlionem ex Ecclefix reditibus 
 acquiret, non poteft dare, vel 
 
 ad 
 
Benefices and Revenues. 191 
 
 a new Thing rcquir'd a new Name, it was call'd 
 Refignatlo ad favorem ; becaufe it was in his favour 
 only, to whom the Refignation was made, and in 
 order to bring him into the Benefice. The Supe- 
 rior indeed is at liberty to admit the Renunciation 
 or not i but he cannot admk it, without giving the 
 Benefice to the Perfon nam'd by the Renouncer. 
 
 This fort of Refignation, tho' it were a plain 
 way to introduce hereditary Succeflion into Bene- 
 fices, and therefore prejudicial to the Ecclefiaftical 
 Order, yet it turned to the advantage of the Court 
 of RomCi as it made Collations of Benefices more 
 frequent, which produced more Annates. Avarice 
 and other worldly Affedlions having wrought upon 
 the Frailties of many Perfons, to foUicit and take 
 Benefices, not with intention to keep them always, 
 but only until a better fell, or upon the Credit ot 
 fuch Preferment, to treat with more advantage 
 upon fome Marriage, or other important Change 
 of Condition ; or to keep it for fome Child, who 
 was not come to Age : A Pracftice, which among 
 pious Men hath ever been held inexcufable. It is a 
 receiv*d Opinion, that whoever takes a Benefice with 
 defign to renounce it, cannot in Confciencc receive 
 the Fruits : Which fome again of larger Confciences 
 affirm not generally of all, but only of fuch as re- 
 ceive the Profits, tho* they defign to quit the Ec- 
 clefiaftical Orders. And feeing Refignations ad 
 favorem redounded to his profit, through whofe 
 hands they were to pafs, the Court of Ro?ne^ to 
 engrofs them all, forbad the Bifliops to receive any 
 fuch Refignations, referving this Right wholly to 
 
 ad quos vult tranfmittere, multo I 32. Condi. Carthag. l^ z'^ An- 
 magis Epifcopatum. Fide Cam. j doch. iff can, 17. caTif. J. q- i 
 
 the 
 
192 0/* ECCLESIAST ICAL 
 
 the Pope {4). But becaufe many Incumbents, when 
 they drew near their Ends, took this Courfe of ap- 
 pointing themfelves a Succeffor, a Rule was made in 
 the Roman Chancery, That no Refignation adfavorem^ 
 made by a fick Incumbent, fhould be valid, unlefs 
 he liv'd 20 Days after the Refignation had been ac- 
 cepted (c). 
 
 (4) According to the Cano- 
 nilis, there being none but he, 
 who can exempt from Simony. 
 See the Glofl". ad cap. 4. extra 
 de patfis-vcrbo illicit rr ad cap. \ 2. 
 de officio dcleg. ^^'erbo, di mitt ere. 
 
 [c] Item voluit quod ft quis 
 infirmitate conftitutus refigna- 
 verit aliquod beneficium five 
 fimpliciter, five ex caufa per- 
 mutationis, & poltea infra vi- 
 
 ginti dies a die per ipfum refig- 
 nantem pra^ftandiconienfuscom- 
 putandos, de ipfa infirmitate, 
 ac ipfum beneficium conferatur 
 per refignationem fadtam, col- 
 latio hujufmodi nulla fit, ip- 
 fumque beneficium per obitum 
 vocare cenfeatur. nis Rule i 
 the I 9th of the Roman Chancery 
 Vide du Molin ad hanc reg- 
 num. 63. 
 
 CHAP. XLI. 
 
 H I L S T the holy War lafted, or there 
 were any Hopes of its reviving, the Pre- 
 tt^nce of fo pious a Dt;fign was a large and conltant 
 Channel of "Wealth to the Churchmen : But the 
 OiTerings ot devout People ceafed with thefe Hopes ; 
 and this Spring of Dcivotion being dried up. In- 
 dulgences, and Remiflions of Sins were thought of 
 in their room ; to be beftow'd on thofe, who 
 fhould contribute with their Purfes to fomc Work 
 of Piety : And every day new Works of this kind 
 were fet on foot through every City ; in return to 
 which, Rome granted her Indulgences, from whence 
 great Profit redounded to the Clergy, and to this 
 Court, who reap'd its fhare. And this Matter was 
 
 carried 
 
Benefices and Revenues. 193 
 
 carried fo high, that every one knows the Changes 
 (i) which were wrought by thefe Indulgencics, ia 
 Gennany^ from the Year 1517. 
 
 In our Times, Pope Pius V. made a Conftitution, 
 by which he annull'd all the Indulgencies, granted 
 with the Claufe of Manus adjutrkes (2) : that is to 
 fay, with a Condition of paying Money. Yet this 
 hath not been able to put a Itop to fo gainful a 
 Traffick as thefe Indulgencies afforded. For tho* 
 they are now granted without any fuch Condition, 
 yet there are placed in the Entries of the Churches 
 little Boxes, to provoke the People's Charity ; the 
 Sight of which is a tacite demanding, where they 
 are perfuaded they cannot be faved without giving. 
 
 (r) The Schifm of Martin 
 Luther. 
 
 (2) Omnes & fingulas indul- 
 gentias, etiam perpetuas — 
 per quofcunque Romanos Ponti- 
 iices prsdecefTores noftros, ac 
 etiam nos, fub quibufcunque te- 
 noribus, & formis, ac cum qui- 
 bufvis claufulis & decretis, ac 
 ex quibufvis etiam urgentifli- 
 mis caufis, etiam caufa redemp- 
 
 tionis captivorum, & alias quo- 
 modolibet conceflTas ; pro qui- 
 bus confequendis manus funt 
 porrigendae adjutrices, & quae 
 qusftuandi facultatem quomo- 
 dolibet continent -- authoritate 
 Apoftolica, tenore praefentium, 
 perpetuo revocamus, cafl'amus, 
 irritamus, & annullamus, ac 
 viribus vacuamus. 7 Decretal, 
 tit. 1 5 . cap. I . 
 
 o 
 
 CHAP, 
 
1 94 Q/" Ecclesiastical 
 
 CHAP. XLII. 
 
 TH E Times of Schifm we mention'd, feem'd 
 to put a period alio to any Hopes in the 
 Churches of acquiring any more real Eftates, or en- 
 crcafing their Revenues. The Monks had now 
 no longer the Reputation of Holinefs and Stritlnefs 
 of Life, they had formerly maintain'd : And the 
 fervent Zeal, which had appear'd fo univerfal on 
 Occafions of the Croifado's, was not only cool'd, 
 but wholly extinguifh'd. The Fryers-Mendicants 
 only, who were all inftituted fince the Year 1200, 
 had therefore fome Credit left in the World, be- 
 caufe they had parted with their Capacity of ac- 
 quiring real Eftates, and were under a Vow of liv- 
 ing upon Oblations and Alms only : So that the 
 Belief was not ill grounded, that their Acquifitions 
 of real and fix'd Eftates would have ended here. 
 
 But the Prerogative of the Apoftolick See was a 
 feafonable Expedient at hand, to aid them in this 
 Exigence ; by virtue of which, a Power was granted 
 to this Order, of acquiring real Eftates •, tho* both 
 by their Vow and Inftitution it was forbid : And 
 as they had many Friends, who were greatly de- 
 voted to their Order, and had great Inclinations 
 to enrich them, if it had been pradicable, no fooner 
 faw this Way open to their Bounty, but the Con- 
 vents of thefe Mendicants in Italy, Spain, and other 
 Countries, became in a fliort time, very fufficiently 
 endow*d with real Eftates. 
 
 France alone oppos*d this Innovation, faying. 
 That feeing they came into that Kingdom undec 
 the Profeffion of Poverty, they ought to perfevere 
 in it : Neither have they hitherto ever been fufterM 
 
 CO it 
 
Benefic ES 47;^^ Re VENUES. 195 
 
 •to acquire Eftaces there (t) : Whereas in other 
 Places they had made very confiderable Improve- 
 ments, particularly in thofe times of Schifm, when 
 all the reft of the Clerical Order were very low in 
 Efteem. 
 
 In the Council of Conftatice the Schifm was ex- 
 tinguifh'd, by one of the Popes having renounced (2), 
 and the two others having been depos*d (3J: And 
 in the Year 141 7, Martin V. (4) was elefted Pope 
 by the general Council. 
 
 Great Hopes were entertain*d, that the Council 
 and the Pope together, the two moft powerful 
 Concurrents upon Earth, would have gladly united 
 in the Remedy of fo many Abufes as had crept into 
 the Difpenfation of Benefices. And in effed the 
 Council proposed to the Pope the Reformation of a 
 Train of Diftempers, which vi^ould have employ'd 
 the skilfulleft Hands, namely, Refervations, Annates^ 
 Expeftative Graces, Co?nmendamSy and Collations. 
 But the new Pope and his Court, whofe Defire of 
 
 ( I ) The Parliament of Paris, , 
 faith he, towards the end of 
 his Council of Trent, did not 
 approve the Decree which al- 
 lowed Mendicants to pofiefs 
 real Eftates ; alledging that this 
 Order having been rcceiv'd in 
 France, under a very different 
 Inftitution, it was not jufl to 
 allow them on other Terms ; 
 and that it was an Artifice in 
 the Court of Rome, to draw to 
 themfelves the Ellatcs of the 
 Laity : Firlt, in fufiering the 
 Monks to gain Credit in the 
 World, by the fpccious Vow 
 of Poverty, which m;ide them 
 be regarded as People void ot ' 
 
 O 2 
 
 Intereft, and who do every 
 thing for Charity, and after 
 they have got a Stock of Repu- 
 titicn, the Court difpenleth 
 with their Vow, and puts it in 
 their power to enrich them- 
 felves. See the Conference of 
 Ordinances, Lib. \. tit. 3. 
 par tic. 2. § 5. 
 
 (2) 7o/;«XXirr. aftcrhehad 
 fled from the Council, and 
 b.en brought back again, and 
 depo^'d. 
 
 (3) Gregory XU . znd Benedicl 
 Xlll. 
 
 (4) Otho Coliimna created on 
 St. Martiti's Eve, whence he 
 took the Name. 
 
 bei!;s: 
 
196 0/* ECC LE SIASTIC AL 
 
 being at Rome (5) was ftronger than that of any Re- 
 formation ; meeting with the lame Impatience ire 
 all the Fathers of the Council, who were wearied 
 with the long Abfence from their own Houfes, 
 made way for the Refolution which was eafily 
 agreed to, of adjourning the DifcufTion of fo knotty 
 an Affair, and of fo much length to a future Coun- 
 cil ; which was intimated to be intended to be held 
 at Pavia, five Years after, and fo that Council broke 
 up. 
 
 The French not being willing to (lay fo long as the 
 next Council, a Decree was made in the Parlia- 
 ment of Paris, that no Obedience fhould be paid 
 to this Pope, unlefs he firft admitted and acknowledge 
 the King's Edift (6;, which fupprefs'd the Referva- 
 tions, and the Exaftions of Money in France. And 
 when Martin fent a Nuncio into France, to give the 
 King notice of his Eleftion, the King made ?nfwer, 
 he would acknowledge the Pope, on condition that 
 the eleftive Benefices {hould be conferr'd by Ele<^i- 
 on, and the Refervations and Expedtatives be abo- 
 lifh'd. 
 
 The Pope agreed to it for that time, but having 
 gain'd fome Members of the Univerfity to his 
 Party, in the Year 1422, he attempted to make the 
 Refervations be again receiv^. However, he fail'd 
 in the Attempt, and they proceeded to Imprifon- 
 ment of all his Adherents {j) : And upon his put- 
 
 (5) Both the Pope and his continued three Years and a 
 
 Court were equally apprehen- ' half. 
 
 five, that the Council fhould | (6) Of April x^, 1418. See 
 
 meddle too much in Affairs, i the Conference of Ordinances, 
 
 and penetrate too far into the 
 Secrets of the Papal Miniftry. 
 The Council was doled Jpril 
 22, anno 1418, after having 
 
 Lib. I . ///. 3 . fart 2. §3,^4. 
 
 (7) The Reftor of the Uni- 
 verfity, and divers others of 
 the Members or Fellows. 
 
 ting 
 
Benefices ^;^^Re VENUES. 197 
 
 ting the City of L'^07is under Interdiflion (8), the 
 Parliament forbad Obedience to it. 
 
 Thus the Difpute lafted till the Year 1424, when 
 Matters were compromis'd betwixt them, and they 
 came to an agreement, That his Holincfs fhould ad- 
 mit all the Collations made before the Agreement, 
 for good -, and all his Mandates for the future fhould 
 be receiv'd. But the Attorney and Advocate-Gene- 
 rals, with many of the great Men, oppos'd the 
 Execution of it, and reprefented the Prejudice it 
 would be to the Kingdom, fo efFedually, that the 
 Agreement vanifh'd. 
 
 (8) Becaufe that City obey'd the King's Edift. 
 
 CHAP, XLIII. 
 
 WHILE thefe things were afting, the Coun- 
 cil of Pavia open'd (i), which was foon af- 
 ter remov'd to Sienna (2 j, and foon after that finifh'd 
 there (3) wich great Expedition i no Affliir of mo- 
 ment having been tranfadled there, only great Ex- 
 pectations given, that the Council which was to be 
 held at Bafil feven Years after that, fhould make a 
 thorough Reformation. 
 
 (i) Towards tl>e end of the t cio's, and two Abbots, in all 
 
 Year 1423 
 
 (2) hJecaafe none were pre- 
 fenc at the firll opening this 
 Council, but the Pope's Nun- 
 
 fix Ferfons. 
 
 (3) For he was under great 
 Appiehenfions of being depos'd 
 by a Council, as John XXII I. 
 his Prcdeceilbr, had been 
 
 O 3 About 
 
igS 0/" Ec C L E S I A ST I C A L 
 
 About the End of thofe feven Years Pope Martin 
 died, to whom fucceeded Eugene IV. (4). During 
 whofe Reign, in the Year 1431, the {s) Council of 
 Bafil at lalt took in hand the Reformations, fo ne- 
 ceflary and fo long wanted, of Abufes in the Col- 
 lation of Benefices. All Refervations were prohi- 
 bited, except of thofe Benefices, which were vacant 
 in Curia : And the Expeftatives, the Annates, with 
 all the Equipage of that kind, and other Exaflions 
 peculiar to that Court abolifli'd. 
 
 The Pope finding fuch a Check given to his Power, 
 and fuch important Branches of his Revenue cut off, 
 fet himfelf to crofs the Meafures of the Council ; 
 and firft tried to get it remov'd to fome other Place, 
 where he might have the Prelates more at com- 
 mand (6). But they were too powerful to let this De- 
 fign take place, and after many fharp Contefts 
 betwixt the Pope and the Council, which pious 
 Men, by interpofing day after day, had hi- 
 therto found fome means of compromifing ; at 
 laft, there was no avoiding an irreconcilable Breach : 
 the Council flood firm to the Refolution of putting 
 a final flop to thefe Exaftions, and the Pope to main- 
 tain his Authority and Revenues. The Pope dilFol- 
 ved the Council ; the Council depriv'd the Pope (7), 
 
 (4) Gabriel Condolmero, Ne- 
 phew and Creature oi Greg. XII. 
 depos'd 1515- 
 
 (5) Open'd7«/y 23,1431. 
 
 (6) He would have had it at 
 Bologna, a City in the Eccle- 
 fiaftick State. In 1438, he 
 remov'd it to Ferrara, and in 
 1439 to Florence. 
 
 (7) Mezeray faith, there never 
 had been a perfedl good Under- 
 
 ftanding betwixt the Pope and 
 the Fathers of this holy Aflem- 
 bly ; for if on their fide they 
 made appear their Defign, to 
 put a Bridle on his Authority, 
 by maintaining ftrenuoufly the 
 ancient Rule, that the Council 
 is above the Pope j he fhew'd 
 himfelf no lefs concern'd to 
 have them feparated. In the 
 Life of Charles VII. 
 
 and 
 
Benefices ^;^^ Revenues. 199 
 
 and chofe another (8). This bred another Scrilfm 
 in the Church. France and German-^ receiv'd the 
 Decrees of this Council : And in the Year 1438, 
 the famous Pragmatick (9) was publifh'd in France^ 
 which reftor'd the Elediions to the Chapters, the 
 Collations to the Ordinaries, and abolifh'd the Re- 
 fervations ; in which it purfu'd the Steps of the Coun- 
 cil of Bafil. 
 
 (8) Amadeus VIII. Duke of 
 
 Sa^voy, who had refign'd ]iis 
 Dominions to his Son, to turn 
 Hermit, yet quitted his Her- 
 mitage again to be Pope. He 
 was elfded in the Year 1439, 
 and owned by France, Gcrmaiv, 
 and the greatefl: Part of the 
 Weft, till the Death oi Eugene. 
 
 After which the Princes tak- 
 ing part with Nicholas V. he 
 was induced, part by Entrea- 
 ties, part by Menaces, to con- 
 fent to the Re-union of the i 
 
 Church, and to renounce the 
 Pontificate, whicii he accord- 
 ingly did in the Vear 1449, in 
 the fame Council, which he had 
 remov'd from Bajil to Laufan 
 in S-xvitzerland. After which, 
 the Fathers confirm'd the E- 
 ledlion of Nicholas, made two 
 Years before, at Rome, by the 
 Cardinals of Eugene''i Party. 
 Amndeiis had taken the Name 
 of Felix V. 
 
 (9) Mezeray calls it the Bul- 
 wark of the Galilean Church. 
 
 CHAP, XLIV. 
 
 IN Ital-j^ where this Council n':'ver was received, 
 and the Adherence to the Pope was very gene- 
 ral, the Reftrvations had taken deeper root : Every 
 Pope renewing them with eafe, and intoducing new 
 Pretenfions and Impofitions, and fhewing no In- 
 ftance of Mitigation in the Rigour of any of them, 
 except where lome Expedient had been found to work 
 the fame Ei^'ecft an eafier way. 
 
 But this Invention feem'd to be brought to its 
 
 highefl: Perfedion under the Popes Julian II, and 
 
 O 4 Leo 
 
200 (y Ec CL E SI A ST I C A L 
 
 Lso X. who firfl: introduced mental Refervations, 
 caird alfo Refervations in PeSlore (i); and who, un- 
 der the Privilege of keeping their fecret Thoughts 
 to themfelves, us*d not to declare them in the ordi- 
 nary Courfe of other Refervations, nor were they 
 ever known till the Ordinary came to confer a Bene- 
 fice, or fome Candidate to ask it *, when it was an- 
 fwer'd by the Datary, that the Pope had referv'd ic 
 mentally (2) : So grofs a Delufion lafted Tome Years, 
 how. ver it fell after into difuie (3), having prov*d 
 ufelefs and inconvenient even to thofe who firft con- 
 trived ir (4), 
 
 Other Methods were alfo ft'-ain'd, and carry*d 
 to the utmoft pitch they would bear. For to the 
 Refignacions in Favorem, which were already fo 
 well cftablifh'd, another Abufe was added, which 
 was to refign only the Title of the Benefice, and 
 to referve ail the Profits of the Refigner j by which 
 means the Benefice really remain'd in the fame 
 hands as before, the Refi^nation having no other 
 JEffedt, but to appoinc a SuccefTor, who, in truth 
 was only the Tiiular, but had nothing to receive 
 out of th Sentfice, until the Death of the Re- 
 figner. And that the Titular might not come in- 
 to ihe pofTcflion of ^ny thing by the pretence of ga- 
 thering the Profits himfelf, and paying them again 
 
 (1) That is to fay, known 
 only to himfelf. 
 
 (2) yo/ju Sivarez, Bi£hop of 
 Ccim ria in Portugal, arguing 
 in tiie Council of Trent upon 
 the mental Refervations, call'd 
 them Robberies, and faid it was 
 better to leave the Collation oi 
 all Benefices to the Pope, than 
 to fufFer him to let his own 
 Price upon his ov/n Thought 
 not communicated, nor pub- 
 
 lifli'd, which might therefore 
 be reafonably imagin'd, not to 
 have been born till the Vacancy 
 iiappen'd. Fra. Paolo Hijl. of 
 Counc. of Trent., lib. 8. 
 
 (3) The Refervations were 
 K rbid by the Council of Trent, 
 Chap. 19. of the Reformation 
 of the Seflion 24. 
 
 (4) Who had to bear with 
 all the Repulfes and Oppofitions 
 from the ordinary Collators. 
 
 to 
 
Benefices and Revenues. 201 
 
 to the Refigner, it was provided, that not only all 
 the Profits fhould be relervM to the R^Tigner, but 
 a Power to him likewile to levy them by his own 
 Authority. 
 
 Thus the Refigner difFcr'd in nothing ftill from be- 
 ing as much the Incumbent and Owner of the Bene- 
 fice as before, except in cafe the Titular died before 
 him i and then, tho' he remain'd in pofTcfTion of 
 all the Profits, yet he had no right to appoint himfelf 
 a Succelfor : So that the Colluor might confer the 
 Title on whom he thought fie fhould fucceed to the 
 Benefice, after the Death of the Refigner. But the 
 Court of Rome fail'd not alfo to find an excellent 
 Expedient for this, which was, the Regrefs (5J. 
 
 (5) That is to fay, the Return. 
 
 CHAP. XLV. 
 
 IN the primitive Times of the Church, there was 
 a pious and laudable Cuftom, that whoever had 
 one Cure aiTign'd him, never quitted his Charge for 
 a richer (a) or more honourable : Every Man pre- 
 fuming, that to perform his Duty as he ought, would 
 take up all his Faculties. 
 
 (a) Siquis Epifcopus, fhifl' St. 
 Leon, civitatis iiia; mtuiocritate 
 defpedn, adniiniltrationem loci 
 celfbrioris ambierit, & ad niajo- 
 rem i'e plebcm quacunquc gene- 
 ratione trarllultrit, a Cathtdra 
 quidem pelletur aliena, fed care- 
 bit S: propria, ut nee iliis pra;- 
 
 fideat, quos per avarltiam concu- 
 pivit nee ill is quos per fuporbiam 
 fprevit. Suis iguur termiris 
 contentus fit quiique nee fupra 
 menfuram juris iui aMvdetaugeri. 
 Ep. 12. ^u/ jhnj}. TheJfo.lcK. Ep 
 cap. S. I'/Vf Can. 31,32,^' 43. 
 Cauf. 1 . I- i. 
 
 Bu: 
 
202 (y Ecclesiastical 
 
 But fometimes the Superior, when fome great 
 Charge was vacant, for want of a Perfon equal to 
 it, would find a Neceffity of tranflating fome Man 
 of Merit, who was employ*d in a lefs * : And this 
 was a Tranflation (i) became afterwards fo fought 
 after, either for the Convenience or the Profit, that 
 as unufual as it had been, it became very frequent. 
 Then the Ambition and the Sollicitude of rifing higher 
 grew fo prevalent, that oftentimes a Man would quit 
 a Benefice he had in poffeflion to follicite for ano- 
 ther ; and confequently loft them both, when the 
 Grant of the laft prov'd faulty. 
 
 To remedy which Inconvenience, a Cuftom pre- 
 vail'd, which grew to have the Force of a Law, that 
 ifthefecond Grant fhould not ftand good, the Man 
 that was fo unfortunate, might without Cere- 
 mony, return to his firft (b) i And this was call'd 
 the Regrefs. 
 
 In imitation of this Example, the Refigner had a 
 Power granted, in cafe the appointed Succefibr 
 died, or rcnounc'd again his Title of returning to 
 his refign'd Benefice, and by his own Authority 
 take pofle/Tion a-new, without any Ceremony, as 
 if he had never refign*d it. And in cafe he had re- 
 
 * See the Canon, Mutatiofies 
 34, and the Canon, Series 35. 
 Cauf. -]. q. I. 
 
 ( 1 ) It began to be frequent 
 under Pope Urban HI. See 
 cap. 3,^7. extra de rerum per- 
 viutationi. 
 
 [h) Intelleximus G. Cano- 
 nico referente quod cum ipfe 
 & L. Clericus de permutatio- 
 Me Prasbendarum fuarum inter 
 fe tradare ccepiffcnt tandem 
 idem L. Praebenda ejurdftm G. 
 tuidam confenguineo affignata 
 
 prsebendam fuam ei ficut pro- 
 miferat noluit refignare. Cum 
 igitur deceptis, & non decipien- 
 tibus jura fuccurrunt, licet ipfi 
 de jure non pofient Ecclefiallica 
 beneficia permutare, ut tamen 
 fimplicitari venia tribuatur, 
 mandamus quatenus fi conftite- 
 rit prxtexatum G. taliter fuifle 
 deceptum, amota a praebenda 
 fua, confanguineo ipfius L. vel 
 qaollbet alio illi cito detentore, 
 cam reiUtui faciatis cidem. 
 Cap. 8. extra de rerum permut. 
 
 . fifin'd 
 
 \ ^ 
 
Benefices ^W Re venues. 203 
 
 fign'd before he had been in pofTefiion (in which 
 cafe the Regrefs could take no place) he was im- 
 power'd to take pofiTellion by Accefs and Ingrefs (2); 
 and this by his own Authority likewife, and without 
 any recourfe to the Magirtrate : This was call'd 
 the Regrefs, Yet the Pope hath always reierv*d to 
 himfelf the fole Power, without ever allowing any 
 fhare of it to any other, of receiving and admitting 
 Refignations made on thefe Conditions, and of giving 
 the Title to the Refignee, with Obligation to per- 
 form them. 
 
 As this Invention was generally condemn'd by all 
 the Writers, particularly by the Univerfities of 
 France, and adlually prohibited by the Parliament 
 of Parisy that there could not be found any fpecious 
 Pretexts in all Antiquity to juftify it j fo there were 
 thofe, who were both afham'd, and made a Scruple 
 of Confcience to make ufe of it : For whofe Satis- 
 faclion another Expedient was found, which tooic 
 its rife from great Antiquity, but according to Cuf- 
 tom adapted to the prefent Occafions. This was the 
 Coadjutorfhip. 
 
 (2) That is to fay, As entring the firft time into the Benefice. 
 
 ^^ 
 
 CHAP, 
 
204 O/'ECCLESIAST ICAt 
 
 CHAP. XLVI. 
 
 THERE was a very ancient and excellent 
 Pradlice in die Churches, That when a Pre- 
 late, or other Minifter of the Church, was be- 
 come incapable through Age, Infirmity of Mind 
 or Body, or other Impediment, to execute his 
 Charge, himfelf chofe an AfTiftant ; or the Supe- 
 rior appointed him one, to fhare the Burden of the 
 Employment. But the Coadjutor had nothing to do 
 with the Office or Benefice, any longer than during 
 the Life of the Incumbent (a) ; at whofe Death, a 
 new titular Incumbent was made. This was a Me- 
 thod always approv'd, and to which there never was 
 any Oppofition. 
 
 Afterwards it coming to be confider*d, that if 
 the Coadjutor were made to fucceed, it would have 
 the Confequence of making him more diligent in 
 
 (a) By the Canon 18. cauf. 7. 
 q. I . jt 1 ope Pelagius, towards 
 the Year 559, it appears, that 
 thefe Coadjutors were only Hire- 
 lings. 
 
 Frater & Coepifcopus Joan- 
 nes cb hoc q'Jod fe in gerenda 
 patrimonii gubernandi cura, 
 vel in difciplina Ecclefialtica 
 conferv.inda minime fatetur ido- 
 neum, conllituii presbyteri ad 
 hsc explenda jibi expofcit au- 
 hibere perfonam, nt ea qux iunt 
 neceflaria competent! diipcnen- 
 te fbllicKudine iiant -— ideoquc 
 prailenti vobis juffionc pnecipi- 
 mus, ut fervata primo in loco 
 Epilcopo memorato reverentia, 
 quam vos convenit inculpabili- 
 ter cohibere, praebeatis obcdi- 
 
 entiam conflituto competentem, 
 in nullo difpofitionibus ejus fpi- 
 ritu contumaci refultantes ; imo 
 competenti vigilantly vellraj 
 itudio, quae pro Ecclefiaftica 
 itilitate gerenda conftitutus 
 monuerit adimplentes j ut his 
 ita difpofitis, & confueta vobis 
 Lipcndia minillrentur ; & quae- 
 cunque in praefatae Ecclefiai pa- 
 ^imonio, vel de rebus ad earn 
 pel tinentibus repetendis funt 
 ncceiiaria compleantur. 
 
 Nevertheleis the Popes fome- 
 rimes permitted the Bifhops to 
 appoint their Coadjutors for 
 ;heir SuccefTors : And in the 
 Eighth Century this Favour 
 was very rarely granted. See 
 the Canon 1 7. D. Cauf. 7. q. I. 
 
 the 
 
Benefices and Revenues. 205 
 
 the Exercife of a Charge, which was to be his own ; 
 and which would alfo recommend him to the Inha- 
 bitants of the Place, when they regarded him not as 
 a Stranger, they fettled the Succefllon on the Coad- 
 jutor. 
 
 This met with a different Reception in the World, 
 and accordingly was defended or cenfurM. On one 
 hand it was faid. That all fettled Succeflions in 
 Benefices was pernicious, as a Temptation either to 
 procure, or however to defire the Dc^ath of another. 
 
 On the other hand was alledg*d, the famous Pre- 
 cedent of St. Augufliney who was chofen by Valerius 
 to be his Coadjutor, and alfo declarM his Succeffor. 
 But this Inftance carries no great weight, fince St. 
 Augujline himfelf condemns it afterwards, and would 
 neither imitate it, nor was afham'd to impute it as 
 a Sin of Ignorance {b) both in himfelf and his Pre- 
 deceflbr. 
 
 But in thefe Times, Coadjutors with SuccefTion in 
 Reverfion, were appointed not only to Prelates and 
 other Minifters, who had Bufinefs belonging to their 
 Office, but alfo to fimple Benefices, or Sine-cures, 
 where there was nothing to do. So that the Coad- 
 jutor had only a Name, without any thing eflentiaj, 
 but that of Succeffion in Reverfion ; a thing which 
 the Canonifts have fo much in abhorrence. 
 
 {b) St. Paulhms particularly 
 oblerves, that this fort of" Co- 
 adjutorfliip was very extraor- 
 dinary. 
 
 Non autem, faith he, tancum 
 hoc fcribimus gratulandum 
 quod Epifcopatum Augulliniis 
 acceperit, fed quod hanc Dei 
 curam meruerint Africanae E( 
 clefia^, ut verba cccleitia Auguf- 
 
 tini ore perciperent, qui ad ma- 
 jorem Dominici mun^ris gra- 
 tiam novo more provedtus, ita 
 confecratus eft, ut noii iucce- 
 deret in Cathedra Epiicopi, fed 
 accederet. Nam incolumi Va- 
 lerio Hipponcnlis Ecclcfia: Co- 
 epifcopus Augultinus eft. Ep. 
 17. Num. z. is Can. 120, 7. 
 ?' I- 
 
 In 
 
206 0/* ECC LE SIA ST I C AL 
 
 In thefe Times likewife, every Beneficiary who 
 d:fir'd to appoint his Succeffor, had the liberty of 
 choofing one of thefe Methods •, either by the Co- 
 adjutorfliip with SuccefTion in Reverfion, or by the 
 Refignation in Favorem ; referving to himfelf the 
 Profits, with the Power of Regrefs : But the autho- 
 rizing thefe Sorts of Difpenfations, was referved to 
 the Pope alone, and to no other Perfon whatfo- 
 ever. 
 
 In Germany, where the Council of Ba/il was by 
 fome admitted, by others nor, there was great Di- 
 verfity in the Decifions concerning beneficiary 
 Caufes. To provide againfl, and reconcile thefe 
 Differences, Nicholas V. and the Emperor Frede- 
 ricklll. in the Year 1448, made a Concordat ( i) 
 of the following Tenor •, 
 
 That the Benefices vacant in Court Ihould be re- 
 ferv'd to the Pope, and that the reft of the eledlive 
 Benefices Ihould go by Eledlion. As for the other 
 vacant Benefices, they fhould remain for fix Months 
 in the Pope's Difpofal, and fix Months in the or- 
 dinary Collators: with this Provifo added, That 
 if the Pope fail'd in the Term of three Months to 
 fill up the Benefices, the Collation fliould devolve to 
 the Ordinaries (2.) 
 
 This 
 
 (1) Concluded in the Pope's 
 Name, by the Cardinal John 
 Carnjajal, call'd St. Angela, Le- 
 gate a Latere in Germany. 
 
 (2) An Extraft of the Con- 
 cordat will here be of ufe for 
 a Comment on the Words of 
 Fr. Paolo. 
 
 * Wereferve, {a.it\i Nicholas V. 
 
 * to our own Ordination, Dif- 
 
 * pofition and Provifion, all 
 
 the Churches Patriarchal, 
 Archiepifcopal, and Epifco- 
 pal ; as alfo Monafteries, Pri- 
 ories, Chanonries, and all o- 
 ther Benefices Ecclefiaftical 
 whatfoever, with Cure of 
 Souls, and without, Seculars 
 and Regulars, which are or 
 liall be vacant ; alfo thofe va- 
 cant by Depofition, Depri- 
 vation or Tranflation, by us 
 * formerly 
 
Benefiges <3!W Re VENUES. 207 
 
 This Agreement was not receiv'd thorough all 
 Germany^ and fome Dioceffes fince the Year 1518, 
 obferv'd the Council of Bafil -, which abolidi'd all 
 the Refervations : But in procefs of Time, even 
 thofe who had receiv'd the Concordat in the begin- 
 ning, ceas'd to obferve it, and excus'd themfelves in 
 faying, that it had not been univerfally receiv'd : 
 So that it loft its force by being difus'd ; and not 
 only in Places where the Bifhops and Chapters have 
 feparated from the Roman Church, but even where 
 they ftill remain under its Obedience. 
 
 In 
 
 formerly made, or which 
 ihall be made, in what Place 
 foever. 
 
 • Likewife Benefices vacant 
 by the Deceafe of Cardinals 
 and Officers of the holy See, 
 while they fliall hold the faid 
 Offices ; Exe?np. gr. of Vice- 
 Chancellor, of Chamberlain, 
 of Notaries, Auditors, Comp- 
 trollers, Abbreviators, and 
 the Benefices which are, or 
 (hall be vacant, by the Death 
 of our Commenfals, Collec- 
 tors, and Treafurers, deputed, 
 or which Ihall be deputed in 
 whatfoever Place they hap- 
 pen to die : Moreover, the 
 Benefices of all thofe who 
 coming to, or returning from 
 Ror,ve, on any Occafion what- 
 foever, fliall happen to die 
 but two Days Journey from 
 the City; provided that the 
 Place of their Death be not 
 the Place of their ordinary 
 Refidence : Alfo all Benefices 
 fecular and regular, which 
 they poffei's'd ac the Time of 
 
 their Promotion, whom we 
 have promoted to Dignities 
 Patriarchal , Arciuepilcopal, 
 and Epifcopal, now vacant, 
 or which fhall be hereafter 
 vacant. 
 
 ' In Churches Metropolitical 
 and Cathedral, not fubjeft im- 
 mediately to the holy See, and 
 in the Monalleries which are 
 immediately fubjeft to it, E- 
 ledions fliall be free, and then 
 be brought to the faid See, 
 who fliall confirm them, if 
 they be canonical. 
 
 • In iMonailcries which are 
 
 ■ not immediately fubjed, and 
 in other regular Benefices, 
 
 ■ for which it is not cullomary 
 ' to have recourfe to the iioly 
 '■ See, the Eleded fliall not be 
 ' cblig'd to come to Rome for 
 ' their Confirmation or Provi- 
 ' fion ; befides, that thefe Bc- 
 ' nefices are not to be rank'd 
 ' among the Expeclatives, nor 
 ' the Benefices ^/es MeniaUs fi-.n 
 ' cxejnis, in the Difpofition of 
 * the Pope. ' As 
 
2o8 (y Ecclesiastical 
 
 In the Year 1534, Clement VII. fet forth a fevere 
 Bull concernino; it, but it fcarce had any efFedl : 
 Gregory XIII. * fet forthanother in the Year 1576, 
 which had as little efFed. And Cardinal Mandrucci 
 C^} Legate of Clement VIII, in 1594, made a heavy 
 Complaint about it, in the name of the Pope, at 
 the Diet of Ratishon ; but to as little purpofe as the 
 other. 
 
 The 
 
 * As for the other Benefices, 
 
 * Seculars and Regulars, not 
 
 * comprehended in the Refer- 
 
 * vations exprefs'd above, we 
 
 * freely allow they be provided 
 
 * for by the ordinary Collators, 
 « when they fhall fall vacant, in 
 
 * the Months oi February, April, 
 
 * June, Augujl, OElober, and 
 
 * December ; the Months of 
 
 * January, March, Max, Jul)', 
 
 * September, and No'vember fhall 
 
 * be referv'd to the Pope : But 
 
 * if it happen that the Benefices 
 
 * which fhall be vacant in thefe 
 « Months, have not been con- 
 
 * ferr'd by the Pope in three 
 
 * Months, reckoning from the 
 < Day of the Vacancy known in 
 
 * the Place where the Benefice 
 
 * lies, the Collation fhall return 
 
 * to the Ordinary, or to any 
 
 * other to whom the Difpofal 
 
 * Ihall belong." 
 
 But this laft Concefllon hav- 
 ing been the Occafion of many 
 Law-Suits, daily arifing betwixt 
 thofe whom the Pope had pre- 
 fented before the three Months 
 were expired, and thofe who 
 had obtain'd the Collations of 
 the Ordinaries, who conferr'd 
 the Benefices from the Day of 
 
 the Expiration of the three 
 Months, to prevent the Provi- 
 fions which the Pope might have 
 made, about the End of the 
 Term, Greg. XIII. made a Bull, 
 dated NoTj. i. 1576, by which 
 he declared, ' That the Concef- 
 ' fion of Pope Nicholas V. gave 
 ' no room to the Ordinaries, 
 ' nor the other Collators, to 
 
 * difpofe after the Expiration 
 ' of three Months, any Bene- 
 
 * fices comprehended hereto- 
 ' fore under this pretended 
 ' ConcelTion : But alio that for 
 ' the future, thofe whom the 
 
 * Pope fliall have provided 
 ' with thefe Benefices, fhall 
 
 * be oblig'd either to fignify 
 ' their Impetration, or obtain- 
 ' ing the Benefice, to the Col- 
 
 * lators, within three Months, 
 
 * reckoning from the day of 
 ' the Vacancy known in the 
 
 * Place where the Benefice lies, 
 ' or to publifh it in what man- 
 ' ner foever it be thought fit 
 ' in the faid Place : Declaring 
 ' null, and of no effed, all the 
 
 * Difpofitions and Provifions 
 ' made by the faid Collators 
 
 * after fuch Publication : And 
 
 * fufpending from the Collation 
 
 of 
 
Benefices and Revenues. 209 
 
 The fame Diverfity and Confufions remain ilill 
 to this day ; for which the Court qI Rome bath 
 but two Remedies: One is, that the Jefuits turn a 1 
 their Skill to work upon the Confciences of tiu.- Be- 
 neficiaries j at their ConfefTions, toperfuade them to 
 take Bulls from Rome for Beneficeis tho' provided 
 for by the Ordinaries -, and fome accordingly are 
 prevail'd with. The other is. That when an E- 
 Jedion or Collation is made that clafhes with the 
 Concordat, the Court of Rome annuls it, but then 
 confers the Benefice on the fame Perfon : An Expe- 
 dient heretofore much ufed on other Occafions, as 
 it is at this day in the Cafe of Benefices of great 
 Importance, and where the Perfons are in lome 
 meafure dependant on them. Not that it is of 
 fervice at the time it is praftis'd, but becaufc the 
 Writings are carefully kept, and ferve as Regifbers 
 of thefc Matters, to prove in After-times, that fuch 
 and fuch Places have paid Obedience : Asalfo many 
 Conftitutions and Decretals, v.-hich have never had 
 their EfFed:, are skilfully inferted in the Books of 
 Decretals, to make inore Precedents, and drav/ 
 more Confequenccs to their advantage. 
 
 * of all Benefices and Office-, 
 
 * all Collators, who fliall pre- 
 
 * fume to infringe this Decla- 
 ' ration.' 
 
 This Bull of Gregory XIII. 
 /lieweth, that whatever Con- 
 cordats and Accommodations the 
 Popes made with Princes, they 
 always pretended to have a 
 Right of annulling them, as 
 made by way of Provifion only, 
 
 with regard to the Neccfiity of 
 the Times, and until a proper 
 Seafon offer, to exert their 
 Right in its utmcft Rigour. 
 
 * The Fre7ich Trannation 
 faith Gregory XIII. for Gre- 
 gory VIII. in the Italla^r 
 
 (3) LciL'is Nephew of Chri- 
 Jiopher Madrucci, Cardinal and 
 Billiop of Trent, and his Suc- 
 cefibr in this Biihoprick. 
 
 CHA.P. 
 
210 Cy ECC L E S I AST I C A L 
 
 CHAP. XLVII. 
 
 IN France the PragmatickSanftion was vigoroufly 
 attackM by PiusW. (i), but defended with great 
 Conftancy by the Clergy of France^ and the Univer* 
 fity of Paris. Upon which the Pope reprefented to 
 King Lewis XI. That it would ill become him to 
 fuffer the Decrees of the Council of Bafil to be ob- 
 fervM in his Kingdom ; for the DifTolution of which 
 himfelf had taken Arms, and had receiv'd Money 
 from Pope Eugenius IV. for that purpofe, when he 
 was Dauphin, and had left his Father's Court in 
 difcontent. Thefe Reafons wrought upon the 
 King to revoke the Pragmatick (2) : But the Oppo- 
 fiiion made by the Univerfity, and the Remonftran- 
 ces by Parliament, which are flill found upon the 
 Journals, where the Grievances of the Kingdom, 
 and of the Clergy or Ecrlefiallical Orders are re- 
 prefented, fecting forth. That upon a ftridt Obfer- 
 vation, in three Years time there had gone to Rome 
 four Milhons for Beneficiary Aifairs, prevail'd with 
 the King to re-eftablifh it at the end of three Years(3). 
 Sixtus IV. to ward this Blow, and to fruftrate the 
 Re-eilablifhment, made a Concordat of his own, 
 
 (1) He cried, Guerra, Guerra 
 ufque adcapillos. 
 
 (2) In 1461, in the 4th 
 Month of his Reign. 
 
 (3) Paiil II. Succeflbr to 
 This, Tent John Jofredi, Cardi- 
 nal-Bifhop of Albi, to perfiiade 
 him to confirm the Revocation 
 of the Pragmatick: But after 
 the Revocation had pafs'd at the 
 Chaftelet, the Cardinal met 
 
 with a formal Orpofition in 
 Parliament, front John de St. 
 Roman, Attorney -General, and 
 at his Return to his Houfe, the 
 Univerfity fignify'd to him their 
 Appeal to a general Council, 
 and then went to rcgifter it at 
 the Chafielet. See the Ordinan- 
 ces 0/" Lewis XI. Sept. 10. 1464. 
 in the Conference of Ordinances, 
 lib. I. Tit. 3. part 2.§. 4. 
 
 which 
 
Benefices and Revenues. 211 
 
 "which !3 extant at this day, but never was rece'v'd ; 
 and tht Pragmatick reniain*! in iorce. Innocent VIII. 
 AlexanderVl. and Julius II. fet all their Strength 
 to abolifh it, but in vain (4}, 
 
 (4) They were in terrible 
 Frights, lell the reft of the 
 Chriltian Princes fhould take 
 the Example ot France, and 
 
 make Pragmaticks of the fame 
 Nature, to bridle the Papal 
 Power. 
 
 CHAR XLVIIL 
 
 A 
 
 T length Leo X. fram'd a Concordat with 
 King Francis I. of France : Of which the 
 Chi -t Articles were : 
 
 That the Pragmatick fliould be abolifh'd: And 
 the Eledion of Bifliops and Abbots fhould be taken 
 from the CatliCaral and Collegiate Churches, and 
 given to the King, who was to name a fit Pcrfcn, 
 and the Pope to confer the Benefice. In was farther 
 concluded, that the Pops could not give Expedla- 
 tives, nor make any Refervations general or fpecial ; 
 but that the Benefices which fhould be vacanf: in 
 four certain Monthj in the Year to be fpecify'd, 
 fhould be confer'd by the Ordinaries on the Gradu- 
 ates of the Univerfuies •, and that thofe vacant in 
 the other eight Months, fhould be confer'd by the 
 Ordinaries, ad Libitum^ on whom they pleas'd : 
 Only that every Pope might oblige every Collator, 
 who fliouid have from 10 to s^ Benefices in his 
 Difpofal, to conter one, as his Holinefs fhould di- 
 
 P 2 rea ', 
 
212 Of Ecclesiastical 
 
 re6t-, and even two, if the Collators fhould have 
 50 or more ( i ) Benefices in his Collation. 
 
 Tho' there were great Difficulties to encouter in 
 making this Concordat be receiv'd, and that the 
 Univerfity appeal'd to a general Council, lawfully 
 conven'd •, yet the King's Authority and Intereft 
 prevailing, it was publifh'd and put in execution 
 throughout all France (2). 
 
 Thus after fo many Popes had, betwixt the Years 
 1076, and 1150, thunder'd out fo many Excom- 
 munications (3), and fet on work fo many Confpi- 
 racies and Rebellions, with the Lofs of many Mil- 
 Jions of Lives, in order to wreft from Princes the 
 Collation of Bifhopricks, and to give the Eleflion 
 to the Chapters i on the contrary, the Quarrel feems 
 now inverted, and Pius II. and five of his Succef- 
 
 f I ) Cardinal of Lorrain de- 
 bating in the Council of Tre7it 
 on the Article of Elcftion of Bi- 
 Ihops, faith, That St. Leo X. 
 and Travels I. had divided be- 
 twixt them the Collations of 
 Benefices of the Kingdom, as 
 the Hunters do their Prey. 
 End of the -jth Book of the Hijl. 
 of the Council. 
 
 But that which Mezeray faith 
 of the Concordat is worthy of 
 Obfervation : Leo X. faith he 
 made the Concordat with 
 Francis I. by which he obtained 
 an Abolition of the Pragmatick 
 and affur'd to himfelf the An- 
 nates, payable at every Change 
 of Bifhops and Abbots. This 
 Compromife in reality encrea- 
 feth the Revenues ot the Popes, 
 but extreamly fuUies their Re- 
 putation in lo fantailick au Ex- 
 change. The Pope, \\ho is a 
 
 fpi ritual Power, takes the tem- 
 poral Power to himfelf, and 
 parts with the fpiritual ; that 
 is, the Nomination of Bifhops, 
 to a temporal Prince. 
 
 (2) The Clergy of France, 
 faith the fame Author in another 
 place, the Univerfities, the 
 Parliaments, and all good Men, 
 put up Complaints, Remcn- 
 ftrances, Protellations, and Ap- 
 peals to a general Council. 
 N everthelefs, at the end of 
 two Years, abfolute Power was 
 to be obey'd, and the Concor- 
 dat was regiflred in Parlia- 
 ment. 
 
 (3) From the Time of Gr^- 
 gory VII. to Innocent IV. which 
 contains 2CO Years, there were 
 leven Emperors excommunica- 
 ted, inz. Henry IV. Henry V. 
 Frederick I. Philip I. Otho IV. 
 Frederick 11, and Conrad I. 
 
 fors 
 
Benefices mid Revenues. 213 
 
 fors (4) have with the fame Zeal and Conftancy 
 been ftriiggling to take the EIe(^lion from the Chap- 
 ters, and give it to the King, which Leo X. at lad 
 accomplifh'd. So true it is, that a Change in In- 
 terefts draws along with it, both a Change and even 
 a Contradi6lion in Doftrines. 
 
 Thinking and fpeculative Men, fuch as were apt 
 to inquire into the Reafons of this great Change in 
 the Popes, have afcrib'd it to theDiflikc they had 
 to the Eleftions of the Clergy, which keep too 
 much in memory the ancient venerable Form and 
 Figure of the Church in this Practice and univerfal 
 Doftrinc of Elcd:ions; of which we find at this 
 day fo faint a Refemblance left : Ochers found 
 other Reafons i As that it would be eafier to get the 
 Colhitions out of the hands of a Prince, if he hap- 
 pen'd to be a weak, one, or to (land in need of the 
 Pope*s Friendfhip, than out of the hands of the 
 Bifliops and Clergy. 
 
 Francis I. again made many Laws to regulate the 
 Right of PoiTefiion of Benefices, and obferv'd the 
 Concordat with great exadtnefs. But Henn H. his 
 Son, fufpended the Execution of it, during the 
 Time he was at war with Pope Julius III. in the 
 Duke o^ Parma's, Quarrel (5). For in the Year 1551, 
 lie forbad all kinds of Provifions of Benefices to 
 be receiv'd from Rome, and commanded that they 
 
 (4) Paul II. Sixtus IV. In- 
 mcent VIII. Alexander VI. and 
 J-ulimW. 
 
 (5) The Duke oi Parma put 
 himfelf under the Proteftion of 
 France^ to defend himfelf a- 
 gainft the Emperor his I'ather- 
 in-Law, who would have feiz'd 
 
 Parffia a,s he had done Placentia. 
 The Pope fummon'd the Duke 
 to appear at Rc?>!ey and for not: 
 appearing declar'd him Rebel ; 
 TheEmperor, who had kindled 
 the Flame, took the Pope's 
 part, and the King of France 
 tlie Duke's. 
 
 P 3 fhould 
 
214 Q/* E C ^ L ESIASTICAL 
 
 fhould all be conferr'd by the Ordinaries (6) : Bat 
 when the Pf^ace was concluded, the Concordat was 
 again eftablifh'd. 
 
 In the Year 1561, the Eftates held at Orleans, 
 during the Minority of Charles IX. reform*d the 
 Collation of Benefices in feveral particulars, and 
 took away many things contain'd in the Concor- 
 dat (7). Bat great Confufions and Wars following 
 in that Kingdom, at a time when the Cardinal of 
 Ferrara (8) came Legat into France, he obtained a 
 Sufpenfion of the Ordinance? made at Orleans {g)y 
 on condition that the Pope fhould forthwith put a 
 ftop to thefe Corruptions, which had given occa- 
 fion to that Remedy: But nothing of this being put 
 in execution, the Concordat ftill remains in force. 
 And thus Affairs pafs*d in Germany and France. 
 
 (6) That Edift fet forth. 
 That it was not juft, that France 
 fhpuld furnifh the Pope with 
 Money to make War with the 
 French Nation;, and therefore 
 forbad abfolutely, that any Sil- 
 ver or Gold fhould be carried 
 to Rome, or into any other 
 Place under the Pope's Obedi- 
 ence, for Benefices, Difpeufa- 
 tions, or other Graces, under 
 Pain of Connfcation to Eccle- 
 fiafticks, and of corporal Pu- 
 rilliment to Seculars ; giving 
 the third of the Confifcation to 
 thofe who ihould inform. 
 
 And the Procurator-Generai, 
 when he made the ¥A'\t\ be ve- 
 lify'd in Parliament, iaid. It 
 would be a notorious Folly in 
 the French Nati9n, to find the 
 
 Court of Rome with Money, to 
 make War againll their own 
 Prince. And befides, that they 
 could eafily live without the 
 Papal Diipenfations, which 
 however were not of force to 
 acquit our Confciences before 
 God. 
 
 (7) In the Convention of 
 thofe Eflates, the Deputies of 
 the Clergy declare, that t'lcy 
 had oblerv'd that the Herefy 
 of Luther was born in the famp 
 Year with the Concordac. 
 
 (8) Hippolitus oi Ef.e, of the 
 Hoaie of the Dukes of FerrarUy 
 Grandibn of Pope Alex.\'\. 
 
 (9) One of which was ta 
 forbid paying the Annates., and 
 
 I fending any Money to Rome for 
 ' Beaefi.ces, or Difpenfations. 
 
 CHAP. 
 
Benefices ^f/^ Re VENUES. 215 
 
 CHAP. XLIX. 
 
 BU T the face of Affairs in Ital'jy fince we laft 
 defcrib'd them, hath in a great meafure been 
 chang'd by the holding the Council of Trent, which 
 made many Decrees againft the Abufes then reign- 
 ing in the matter of Benefices. 
 
 And tho* from che firft opening of that Council, 
 which was in the Year 1547, it began to fet itfelf 
 in earned abouc a Reformation, yet none of the 
 Decrees it made being put in execution, till after 
 its Conclufion, which was in the Year 1563 ; they 
 muft all be reckon'd to take their rife from that 
 Time. 
 
 Three Thin'^.s this Council chiefly had in view 
 to remedy •, Firjl, Plurality of Benefices -, Secondly, 
 Hereditary SuccefTion j and Thirdly, Non-refi- 
 dence. 
 
 To take away Pluralities, it wis decreed ,That no 
 Perfon, not even a Cardinal, fhould iiold more than 
 one Benefice ; and if that were not fufficicnt for 
 the Support of the Incumbent, he might have one 
 more without Cure of Souls (r). Commendams for 
 
 Life 
 
 (i) Quoniam multi ea quas 
 bene conitituta funt, variis ar- 
 tibus illudere, & plura fimul 
 beneficia obtinere non erubef- 
 cunt, fa.n£ta Synodus pra^fenti 
 decreto, quod in quibufcunque 
 perfonis, quocunque titulo, etiam 
 li Cardinalatus honore fulgeant 
 [the Cardinals are hereexprcfly 
 ram'd, which the Spanijh Bi- 
 Ihops could not obtain in i 547, 
 when they rcmonllrated the 
 
 P 
 
 Neceffity of naming them, fee- 
 ing, according to the Canonifts, 
 they are never comprehended 
 under general Terms] mandat 
 obfervari, ftatuit, ut in pofte- 
 rum uniim tantum benefici- 
 um Eccieliafticum conferatur: 
 Quod quidem fi ad vitam ejus 
 cui confcrtur, honefle fullen- 
 tandum non fufficiat,liceat nihil- 
 ominus aliud fimplex, fufficiens, 
 dummodo utrumque perfonalem 
 refidcp.- 
 
2 1 6 Of Ecclesiastical 
 
 Life were forbid to be enjoy 'd with Benefices tha^ 
 had Cures, as being a Cover for holding two (2), 
 It was alfo decreed, That for the future no Monaf- 
 teries fhould be turned 'WiioComrnendami^ and that 
 thofe which were, fliould be turn'd again into Titles, 
 as they became vacant ('3). It prohibited alfo Uni- 
 ons for Life, which was another Pretext of giving 
 leveral Benefices under one Name (4). 
 
 To abolifii Hereditary Succcflion, it abfolutely 
 prohibited the Regrefs and Accefs ; as alfo Coadju- 
 torfhip3, with Succeffion in Reverfion, except in 
 Cathedrals and Monafteri-s: And it took the li- 
 berty to exliori the Pope to grant none, but for juft 
 
 reiidentiam non requirat, e'ldem 
 conferri. Hocque non modo ad 
 Cathedrales Ecclefias, fed etiam 
 ad alia omnia beneficia quacunque 
 etiam commendata pertineant, 
 cujufcunqvie tituli ac qualicatis 
 exiflant, Chap. \n. of the Decree 
 of the Reformation, of Sejfton 24. 
 Where, it is worthy of Obferva- 
 tion, that this Chapter ferves 
 for an Explanation of the 2d 
 Chapter of Sefiion 7. which 
 fpeaks only of Cathedral Chur- 
 ches, and makes no mention of 
 Cardinals, but in thefe general 
 Terms \_qucccunque etiat?t dig7!i- 
 tate aut fr^eminentla praful- 
 ge:n'] by which the Cardinals, 
 according to the Rule of the 
 Canonifts juil now alledg'd, 
 might retain feveral Bifhop- 
 ricks. 
 
 (2) Quicumqueplura beneficia 
 curata five per viam ur.ionis ad 
 vitam, feu commenda^ perpe- 
 fu^e recipere, ac fimul retinere 
 pra^fumpferit, beneficiis ipfij, 
 
 praefentls canonis vigore, priva- 
 tus exillat, Chap. ^. of the Re- 
 formation of SeJJion 7. 
 
 (3) Confidit (fanfta fy nodus) 
 faniliff. Rom. Pontificem, pro 
 fua pietate, & prudentia, cura- 
 turum, ut monafleriis, quas 
 nunc commendata reperiuntur, 
 quas fuos conventus habent, re- 
 gulares periona; ejufdem ordi- 
 nis prcjficiantur. Qus vero in 
 pofleium vacabunt, non nifi 
 regularibus conferantur. Chap. 
 21. of Reformation of Regu- 
 lars, SeJJion 25. 
 
 (4) 5^^ the la ft Note but one^ 
 to 'zvhich the Chap. 17. of the 
 Reformation of Seffion 24. addeth, 
 Illi vero, qui in prajfenti plures 
 parochiales Ecclefias obtinent, 
 cogantur omnino, quibufcunque 
 diipenlationibus ac unionibus ad 
 viram non obftantibus, una tan- 
 tum parochial! retenta, alias 
 infra Ipatium fex menfium di- 
 miicere, l^c. 
 
 and 
 
 i 
 
Benefices and Revenues. 217 
 
 and evident Caufes (5). But this Prohibition has 
 prov'd without any Eife(5l. 
 
 In the fourteen hii^ Months of this Council (6), 
 the Point of Refidence wis debated with fomc 
 Warmth: For, upon a Queft^on mov'd by the 
 Dodors, Whether Refidence of Bifhops and Curates 
 at their Churches were of Divine Right, or a Right 
 only founded on the Canon-Law, the Council was 
 fo divided, that in the Month of Aprils in 1562, 
 coming to a Scrutiny, there were found 6-] Votes 
 for the Jus Divinum, ^3 for the Jus Pofinvu7?i^ and 30 
 for coming to no Conclufion at alJ, without firft 
 confuhing the Pope. 
 
 Thefe of the firft Opinion were thofe of the 
 1'ramontanes and Nortiiern Nations, and other dif„ 
 contented Bifhops: Of the fecond and third Opi- 
 
 ((;) Cum in Beneiiciis Ec- \ 
 clefiafticis ca, qua; hsieditana 
 fucceflionis imaginem referunt, 
 facris conllitutionibus Tint odi- 
 ofa, Sc Patrum dccretis contia 
 ria, nemini in pollerum accei 
 fus, aut regreffus etiam de con- 
 fenfu, adbeneficiam EccIefiaUi 
 cum cujufcunque qualitatis con- 
 
 cedatur hocque dccretum in 
 
 quibufcunque beneficiis Ecclefia- 
 fticis ac in quibufcunque perfo- 
 nis etiam Cardinalatus honore 
 fulgentibus, locum habeat- In 
 Coadjutoriis quoquc cum futura 
 fuccelTione idem poll hac obfcr- 
 vetur, ut nemini in quibufcunque 
 beneficiis Ecclefiafticis perniit- 
 tantur. Quod fi quando Eccle- 
 fijE Cathedralis, aut IVIonafterii 
 urgens ncceffitas, aut evidens 
 utilitas, poilulet Prjelato dari 
 Coadjutorem, is non alias cum 
 futura fucceflione detur, quam 
 
 lia:c caufa prius diligenter ;i 
 finftiiT. Rom. Pontifice fit 
 cognita — '—« alias conceffiones 
 ii'per his fadas furreptitix efle 
 •■.mfeantur. Chap. 7. of the ge- 
 .eral Reformation of the Sef- 
 (ion 25. 
 
 (6) This matter was the firft 
 time handled in the Year i 546. 
 riie firft who began to awaken 
 Mens Thoughts in this Matter, 
 were two Spanijh Jacobins, 
 Bartholomeiv Caranca, and Do 
 minique Soto, who urged vehe- 
 mently, that Refidence was of 
 Du'inc Right: Which Opinion 
 Cardinal Cajetan, who was of 
 the fame Order, had maintain'd 
 fome Years before, but was 
 faid to have changed his Opi- 
 nion, when he came to be a 
 Bifhop, bccaufe he never refi- 
 ded at his Bilhoprick. 
 1 
 
 nion 
 
2i8 Of Ecclesiastical 
 
 nion were thofe who adher'd to the Court of 
 
 If Refidence had been declarM of Divine Right, 
 it muft have follow'd, that the Pope could not dif- 
 penfe with it; and that the Authority of the Bi- 
 fhops muft have been of Divine Right, and that 
 confequently no human Power coulo reftrain it f 8). 
 All which had a dangerous tendency to the di- 
 minution of Papal Power. 
 
 Thus the two Parties m.iinrain'd the Difpute with 
 great Warmth and Freedom, till at length from de- 
 bating they fell into Fadions and Cabals : And at 
 
 (7) In the Cxth Book of his 
 Council of Trent he faich. That 
 the Legates got a Writing to hi- 
 yead in a general Congregation, 
 hj which the Fathers were de- 
 iir'd to declare their Opinions, 
 whether Refidence were of 
 Uivjne Right or no, by the 
 fingle Exprefiion of Placet, or 
 nvn Placet. And that the Votes 
 being taken, 68 were found 
 Flacet, 33 non Placet, and 13 
 Placet, confulfo prius fanSfiJJlmo 
 Domino aojiro ; and 1 7 non Pla- 
 cet, niji prhis con fu I to f. D. n. 
 He adds. That the i 3 differ'd 
 irom the 17, in that they were 
 for the Divine Right being de- 
 clared, whereas the 17 were in 
 .iT-fEidl not for it, but confenred 
 J r? cafe the Pope gave his Con- 
 lent r And tho' thefe Diftintli- 
 iYpfi. were Metaphyfical enough, 
 jet the 1 3 and 1 7 were equally 
 ,-n;;reed in making their Court 
 rothe Pope. 
 
 ^ii) Paul Jovitti, Bidiop of 
 Korera, debating on the Point 
 Stl Refid'jQce in the Council, 
 
 faid. That as the Jus Diminum, 
 if once it were admitted, was 
 a Thing could never be dif- 
 claim'd again, fo it would ferve 
 as a Buckler to all rebellious 
 Bifliops againu that Pope, when- 
 ever he cited them to Rome, to 
 give an Account of their Ani- 
 ons or Doflrine; as the Arch- 
 bifliop of Cologne had done a- 
 gainlt PaullW. That he much 
 tear'd fome Bifhops would, un- 
 der Covert oi the Jus Di-vinum, 
 withdraw themfelves from the 
 Obedience of the Pope, on 
 which depended the Union of 
 the Church : But he would ven- 
 ture to tell them, this would 
 be a fair Encouragement to the 
 Curates to fhake ofF the Epif- 
 copal Authority; becaufe be- 
 ing the immediate Pallors, they 
 would pretend that their Flock 
 was nearer to them than to the 
 Bilhop ; by which the Hierar- 
 chy of the Church would de- 
 generate into Anarchy. Hiji. 
 Cone. Trent, lib.b.is' j. 
 
Benefices and Revenues. 219 
 
 the end of 14 Months, Refidence was determin'd 
 and enjoin'd, but without declaring by what Right 
 Men were obhg'd to it: Only Penalties were laid 
 on fuch as did not refide (9). And for the reft, all 
 things were left in their former Eftate. 
 
 In the mean time, thofe who were prefent at this 
 Council, and who have fince left any Writings be- 
 hind them, efpecially of Divinity, have not fcru- 
 pled to afTert, That Refidence is of Divine Right, 
 and that to affirm the contrary, was to deny the 
 facred Scriptures, all Antiquity, and even natural 
 Reafon itfelf (10). But then, not to draw the In- 
 
 (9) Ne ea quae de Refidentia 
 fanfte «5c utiliter jam antea fub 
 felicis recordat. Paulo III. fan- 
 cita fuere in fenfus a facro-fandlae 
 Synodi mente alienos trahantur 
 — -declarat facro-fanfta Syno- 
 dus omnes Patriarchalibus, Pri- 
 matialibus, Metropolitanis, ac 
 Cathedralibus Ecclefiis quibui- 
 cunque pra:fe£los etiamfi S. R. E. 
 Cardinales fint, obligari ad per- 
 fonalem in fua Ecclefia, vel 
 Diocefi refidcritiam; ubi in- 
 junfto fibi OfRc'o tlcfungi tene- 
 
 a,ntur, neque abeiTe pofTe 
 
 Nifi Chriftiana charicas, urgens 
 neceflitas, debita obedientia, ac 
 evidens Ecclefis vel reipublicx 
 wtilitas pollulent, & exigant. 
 And one Page after. 
 Si quis autem contra hiijus 
 decreti difpofitionem abfucrit, 
 ftatuit facro-fandla iyncdus prs;- 
 ter alias poenaa adverfus non-re- 
 fidentes lub Paulo III. impofi- 
 taf, & mortal is peccati reatum, 
 quern incurrit, eum frudlus fuos 
 tuta confcientia retinere non 
 pofle, fed teneri illos fabricae 
 
 Ecclefiarum, autpauperibusloci 
 erogare, prohibita quacunque 
 conditione, vel compofitione, 
 quai pro fruftibus male pcrccp- 
 tis appellatur, i3c. And as for 
 Curates, 
 
 Liberum effe vult Ordinariis 
 per cenfuras Ecclefiafticas, & 
 lubtraftionem fruftuum, aliaque 
 juris remediaetiam ufqueadpri- 
 vationem compellere. Cap. i . 
 of the Reformation of SeJ\ 23. 
 
 (10) The Jacobin Fryar 
 Bartholotiie^w Caranca, fcrupled 
 not to fay, in prefence of all 
 the Fathers of the Council, 
 That it was a diabolical Doc- 
 trine. It were to be wifh'd, 
 that the Bifhops of the CourL 
 were fo perfuaded ; they would 
 not then ftay till the Prince, 
 weary of feeing their Faces, 
 fends them to refide in theii 
 Bifliopricks ; or at lead, that 
 when they are commanded thi- 
 ther, they would not think 
 themfelves going into Banifh- 
 ment. 
 
 dignation 
 
220 0/* ECCLESI ASTICAL 
 
 dignation of the Court of Rome too much upon 
 themfelves, they found out feme Exceptions, by 
 which the Pops had a fair Way left open to Dif- 
 penfations. 
 
 As for the Refervations, tho' a Point fo eflen- 
 tial, and now grown to exceed all Bounds, the 
 Council let them pafs unobferv'd, becaufe, indeed, 
 they concern'd the Pope's own Perfon -, fo they con- 
 tinued as they were, and by continuing, they have 
 fince encreas'd *. 
 
 * See the three laft Pages of the following Chapter. 
 
 CHAP. L. 
 
 IT was imagin'd, with great Appearance of Pro- 
 bability, that the Abolition of the Unions, 
 Commendami for Life, the Regrefs, and Coadjutor- 
 fliips would have proved a fovereign Remedy, at 
 Jeall to the greateft part of thefe Corruptions. 
 Bat an Expedient was quickly found on this, as on 
 other occafions, to elude the Efficacy of the belt 
 Medicines •, an Expedient, which had not only the 
 fame laudable Eftecl with the four Inventions which 
 were fupprefs'd, of religioufly preferving all the 
 Abufesj but even a greater: This was, the Pen- 
 sion . 
 
 It hath been an Obfervation of pious and devout 
 Ferfons That the Court of Rome^ as if it had been 
 a (landing Order in thofe Times, never fufter'd a 
 gainful Abufe to be correfted or ab'jlifh'd, but (he 
 had a higher to put in the room of it, more no- 
 torious and more proBcable ; Which is fufficiently 
 
 verify *d 
 
Benefices a7td Revenues. 221 
 
 verify'd in this of the Penfion. Yet it is not to be 
 underllood, as if the charging Benefices with Pen- 
 fions were an Invention of our Times, but only the 
 Manner, and the frequent Pradice of it, which is 
 new and peculiar. 
 
 When all the Ecclefiaftical Goods were in com- 
 mon, the Name of Penfion was a Thing unheard 
 of: And when they came to be fet out and divided 
 into Benefices, the univerfal Practice, without any 
 contrary Inftance, was to confer them intire, and 
 without diminution. But afterwards, when the 
 Clergy had learn'd to litigate their Rights, and 
 thofe Rights were doubtful, it was a natural Com- 
 promife for one of the Parties to yield up his Pre- 
 tenfions, upon his having one Part of the Revenues 
 allotted to him, under the Name of Penfion*. Like- 
 wife if two Incumbents, for fome good Caufe, agreed 
 to exchange Benefices, with the Confent of the Bi- 
 flaop, he who quitted the better Benefice, had it made 
 up to him in a Penfion \. And again, when any 
 one refign'd with the confent of the Prelate, a Pen- 
 fion was afl]gn*d him for his Maintenance |). 
 
 Of thefe three forts of Penfions, the Decretals of 
 the Popes towards the Year 1200, make mention: 
 France admits them ftill as legitimate % and authen- 
 
 * See the Cliap. l<ifi efcnt 
 z\ . extra de Prubeiidls ; which 
 is the Foundation of Penfions, 
 according to the Glofs, which 
 faith upon this Decretal, that 
 Occafione biijufmodi pro'vif.onis 
 ti[fumunt quandoque aliqui can- 
 jam male facieiidi. GIofT. in 
 verb, exjulfionc, in fine. 
 
 f Cap 6. extra de rcrum 
 permutatione. 
 
 II Vide Cap. ex parte 12. 
 
 extra, de Officio Judicis de leg. 
 & ibi Felin. Num. i. Felin. ad 
 Cap. ad audientiam. Num. 2. 
 extra de refcriptis. 
 
 X Vide Rebuff, tradl. de pa- 
 cific. Num. 1 10. Duaren. de be- 
 nefic. Lib. 6. cap. a. Coras Sa- 
 cerdot. paragraph, i. can. 4. 
 Num. 1 2. t< Joan. Davczan de 
 penfionib. bencfic. pag. 88. 
 
 \ Cap. per tuas, extra de 
 donationibu-, 
 
 tick. 
 
222 Of Ecclesiastical 
 
 tick, whereas (he rejeds a Train of others as de- 
 ferving, and of great variety ; namely, fuch as 
 are given to one for his Livelihood only, and for 
 no other Confideration •, or for having merited well 
 of the Apoftolick See; or for having lervM fuch 
 a Church or fuch a Prelate; for being learn'd or for 
 Probity of Manners * -, or only for being in the 
 Pope's good Graces: And laftly, fuch as are given 
 to Children, becaufethey are of promifing Parts. 
 
 All thefe are juftifiable Motives, according to the 
 Canonifts, for granting Penfions ; to which they 
 fcruple not to add, that the Pope m ly charge any 
 Benefice whatfoever with a Penfion, 2nd give one to 
 whomfoever he pleafeth, without ary of the Caufes 
 allowed; and that its being the Pope's Will, is fuf- 
 ficient to fecure the Conlcicnce of him that recei- 
 veth it. 
 
 So that, whereas formerly it was ufual to hold 
 two Benefices with Cure of Souls, the one inTitle, 
 the other in Connn'^ndam. or elfc the two united Be- 
 nefices tor Life, with Obligation to allow a Stipend 
 to the Priefl who officiated in one of them •, atpre- 
 fent the Benefice is given in Title to another, and 
 the Revenue of it, by way Penfion, to himfelt ; 
 which turns all to the fame, and even anfwers bet- 
 ter all the Ends it was defign'd for. Before, the 
 Beneficiary was anfv;erable for the Faults of his 
 Subftitute, and therefore was oblig'd to have an 
 eye over his Behaviour ; but this way he hath the 
 fame Advant^ige, freed from all the Care. 
 
 Likewife, whoever took a Coadjutor to afTifl him^ 
 or refign'd with a Condition of Regrefs^ had flill 
 fome Cure of the Benefice remaining on him, where- 
 
 * Cap. de multa, in fine ex- j de Penfionibus. p. 89. 
 tra, de prxb.r.dis. Davezan • 
 
 in 
 
Benefices ^;^<3^ Re VENUES. 223 
 
 in he had fome Interefl:, by the Power he hnd of 
 re-entring. But on the contrary, he who rtfigns, 
 referving to himfclf a Penfion, delivers himfelf at 
 once from any Care or Duty incumbent on him 
 from the Benefice : And whether the Refignee die 
 or refign, is wholly unconcern'd, his Penfion being 
 fecured and paid without any trouble. 
 
 Sundry other Conliderations make a Penfion more 
 eligible than a Benefice. Many Benefices require 
 entring into holy Orders, and confequently a cer- 
 tain Age to qualify him for the receiving them : The 
 firft Tonfurc, and the Age of i'cven Years qualify 
 for a Penfion. 
 
 Penfions are alfo given even to Laymen j as to 
 the Knights of St. Peter, who were inftituted by 
 Leo X. To the Knights of St. Paul, who were in- 
 ftituted by Pope Pai^l III. To thofe called the pious 
 Knights, inftituted by Pope Pius IV. And to thofe 
 of Lorctto by Pope Sixtus V. Every one of which 
 may have from 150 to 200 Crowns in Penfions ; and 
 to whomfoever the Pope pleaf:ch befidcs. 
 
 When Men held more than one Benefice at a 
 time, there was always a Complaint of fomething 
 wanting, fomething to be mended, for which a 
 Difpenfation was neceflliry, which coft Money. 
 And yet for all this, the Cafuifts have been fo in- 
 curable in their Scruples, as to doubt, whether 
 even Difp^nfaLions can fet the Conibience clear in 
 this Cafe : But for Penfions, they may be held 
 without Scruple, and without Number, no Penfions 
 being incompatible. 
 
 Another Advantage in a Penfion is, That it may 
 be given with a Power of affigning it to another at 
 pleafure, w'lich cannot be done in the Cafe of Be- 
 nefices, without pafling through the Forms of Re- 
 fignarion: And whereas Rtfignaricns are not va- 
 lid, if the Refigncr live not 20 Days after, a Pen- 
 fion 
 
2 24 Of Ecclesiastical 
 
 fion may be transferr'd and alTign'd at the point of 
 Death. 
 
 But the Confideratidn which reGcommends it be- 
 yond all others is, that a Penfion may be extin- 
 guifli'd, orj to Ipeak more intelligibly, may be tur- 
 ned into ready Money -, tho' every Contradl made 
 where a Benefice is the Confideration, is reputed 
 fimoniacal. 
 
 By extinguifhing a Penfion, is only meant to re- 
 ceive a Sum of Money from the Beneficiary or In- 
 cumbent, which difchargeth him from paying the 
 Penfion : Which Sum is determined by the Age of 
 the Penfionary. 
 
 Before our Days, when there lay no way open of 
 making Money of Benefices, it would have pafs'd 
 for an infinite Offence both againft GOD and 
 Men : Now it is done avowedly, in thefe Terms, 
 I have a Benefice of 200 Crowns value, Irefign U to 
 John or Thomas, for a Penfion of 100 Crowns: And 
 afterwards I extinguifb the Penfwn for 700 Crowns 
 -paid down: 1'hus 1 have made 700 Crowns of 7ny Be- 
 mfice zvithout Sin. All which Circuit of Words to 
 People of grofs Underftandings and little Penetra- 
 tion, feems to amount only to this, 'That 1 had fold 
 my Benefices for 700 Crowns. 
 
 There are befides many more Conveniences be- 
 longing to a Penfion, according to the Pradlice at 
 this day, than to Unions, Comrnendams, Coadju- 
 torfliips, orRegrefTes. Some People, who extolling 
 the many fruitful Ways the Pope hath of raifing 
 Money for the Occafions of the Apoflolick See, 
 have affirm'd. That if he fhould fet open the Door 
 of the Regrefs only, he might raife all he had oc- 
 cafion for, exrreamly betr.ay their Ignorance in thefe 
 Beneficiary Matters i for the Regrefs would not 
 
 now 
 
This feems nei- 
 ther intelligible in 
 the Italian ror 
 
 French. 
 
 Benefices ^;/^R EVE N u Es. 225 
 
 now bring in one Farthing (i): The Penfion is, 
 
 by many Degrees, more preferable 
 
 for Profit and Convenience : It was 
 
 therefore the eafier to execute \jl 
 
 Concilio le Concile'] as it turn'd more 
 
 to advantage. 
 
 But the taking away Commendams (2) from the 
 Monafteries, which the Council likewife enjoin'dj, 
 hath been without effed (3) to this day •, and even 
 many Monafteries, which were in Title only, hav^ 
 been fince turn'd into Commendams^ for want of 
 fome Contrivance to make advantage of their Sup- 
 preflion: And fin ce the Penfion can be impos'd by 
 none but the Pope, the Court of Rome draws great 
 advantage from that Privilege. 
 
 Thefe were the Changes introduced in Italy by 
 the Council of 'Trent^ which, by not having taken 
 any notice of the Refervations, have given an Op- 
 portunity of multiplying them to that degree, that 
 the Pope hath five parts in fix of the Bc^nefices in 
 his Difpofal ; with very reafonable Hopes, that the 
 fixth which remains, will go the fame way. 
 
 By the Rules of Chancery, all fuch Benefices ar-i 
 referv'd to the Pope, as Jo/;;/ XXII. and Benedi^JXU. 
 rcferv'd to themfelves * ; and alfo all fuch as were 
 
 (i) Seeing thofe whoobtain'd 
 them would not be able to make 
 any ufe of them, becaufe of the 
 Oppofuion from the Biihops 
 and Magirtrates, efpecially in 
 France, where the Parliament 
 of Paris hath hinder'd their be- 
 ing receiv'd. 
 
 (2) In the Chap. 21. of the 
 Reformation of Regulars, of the 
 Seflion 25. quoted in the Notes 
 of the precedent Chapter. 
 
 (3) t*or the Court of Rome, 
 always fubtle in Diftinftions, 
 thought fill to dcc'are, after 
 
 the clofing the Council, ths.*" 
 the Benefices which had accuf- 
 tom'd to be in Comrnendam., 
 might reafonably remain fo. 
 Now feeing for more than 100 
 Yearj the Popes had put almoil 
 all the regular Benefices in Com- 
 mendam, there were very few 
 left, which had not had two or 
 three Ccmmendatories, and con- 
 fequently Cullom was aiways 
 adjudged tp be on their Side, 
 for being in Commerdam. 
 
 * See the Rules in Chancery, 
 tempore Innocent X. Rule 1. 
 
 Q^ 'obtain'd 
 
2 26 0/" ECC L ESI AST I C A L ' 
 
 obtain'd by any Perfon who had been an OfHcer in 
 the Court, the' he had quitted the Office. To him 
 alfo are refervM all Patriarchats, Archbifhopricks, 
 Bifhopricks, and Religious Houfes of Men, which 
 exceed the value of 200 Florins of Gold -f ; like- 
 wife all Benefices becoming vacant by the Ceflion, 
 Deprivation, or Death of the Collator, whoever he 
 be, until his SuccefTor have obtain'd peaceable Suc- 
 ceflTion : All the chief Dignities in the Cathedrals and 
 Collegiate Churches, Priories, Provoftlhips, and o- 
 ther conventual Dignities and Preceptories of all 
 the Orders, except the Military : Benefices held by 
 any Domeftick of the Pope or Cardinals, tho* he 
 were no longer in their Service, and tho' he had 
 quitted it, or tho' his Mafter were dead: AH Be- 
 nefices held by Colledlors and Sub-colle6lors ; "All 
 held by Roman Courtiers, who happen to die in 
 the Journey, when the C'ourt; travels : All 
 held by Chamberlains, and Criers or Serjeants*. 
 Befides ail thefe Refervations, which in reality com- 
 prehended all the principal Benefices, and a great 
 part of the reft, the Pope generally referves to him- 
 fclfall thofe which fhould become vacant in eight 
 Months of the Year II, leaving only four Months 
 of Difpofal to others: And yet this is only for 
 fuch Benefices as are not of the number vfc have 
 recited. Laftly, a Conftitution of Pius V. referves 
 All Benefices- vacant for Herefy (4.), or for Coiifi- 
 
 dentia 
 
 f Rale 2; 'S^r'-fiale-4.- 
 
 fl Ru}e 9.' '■ "■■'"• ' ' 
 (4) Omnia & fihgula bene- 
 ficia Eccfefiaftica, -cuni cura, & 
 fine cura fecularia, & quorum- 
 vis Ordinam etiam S. Joannis 
 Hierorolymit-vni, & aliarum 
 
 quarumvis militarium regula- 
 ria, qucccunque & quatiacunque 
 fmt, etiam fi fecularia, canoni- 
 catus & prebendsr, dignitates 
 & perfonatus, adminillrationes, 
 vel ofiicia in Cathedralibus e- 
 tiam Metropolitanis, vel Colle- 
 giacis, & dignitates ipfx in Ca- 
 thedralibus 
 
Benefices ^;?<^R EVEN u Es. ^27 
 
 dgniia * (5), and all that (hall not be conftr'd accor^ 
 ding to the Decree of the Council of Trent (6). So 
 
 thedralibus etiam Metropolita- 
 nis port pontificatus majores, feu 
 Collegiatis Ecclefiis hujufmodi 
 principales ; Regularia vero be- 
 neficia hujufmodi, monafteria 
 etiam confirtorialia, prioratus 
 prjepofiturffi, praepofitatus dig- 
 nitates etiam conventuales, vei 
 officia etiam clauftralia, ac hof- 
 pitalia, & praeceptorias, ordijia- 
 tioni & difpenfationi noilras & 
 iedis Apoftol. hac perpetuo va- 
 litura conltitutione, authoritate 
 apoftolica, tenore praefentium 
 J-efervamus : Declarantes ortines 
 ic quafcunque impetrationes de 
 beneficiis quomodocunque quali- 
 licatis, in futurum faciendas, & 
 obtinendas, beneficia hujufmodi 
 propter haerefim vacantia, & in 
 futurum vacatura, non compre- 
 hendere, nifi fpecialiter vaca- 
 tionis nodus propter crimen 
 hserelis expreflus fuit. Decret. lib. 
 7. ///. II. cap. 4. This Con- 
 flitution is in January, i 566. 
 
 * Which is keeping a Bene- 
 fice in private Trull for ano- 
 ther. 
 
 (5) Ad aures noftras perve- 
 nit, ut nonnulli non veneantur 
 ■ beneficia fecularia, & 
 regularia in Confidentiam, quam 
 Simoniacam pravitatem fapere 
 non ignorant, acceptare, ac re- 
 tinere. Nos- — — ne abufus, 
 vel potius delidlum hujufmodi 
 ulterius progrediatur, celeri re- 
 ined io providere volentes, prse- 
 mifforum omnium cognitionem 
 nobis, & fuccefToribus nollris 
 Rom. Pontificibus refervantes 
 pmnes §c ftngulas conjidentia 
 
 rum hujufmodi caufas, per nos 
 fummarie, fimpliciter, & de 
 piano, audiendas, cognofcendas, 
 decidendas, & totaliter exe- 
 quendas, ad nos avocamus, de- 
 cifionique & terminationi per nos 
 luper iliis faciciidi riandum,ac- 
 quiefceudum, & omnino paren- 
 dum & obediendum fore^ fta- 
 tuimus & ordinamus. Decret. 
 J. tit. 10. cap. 10. 
 
 (6) Nos ad quorum notitiant 
 pervenit, ndnnullos ex venerand. 
 fratribus noftris Archiepifcopis, 
 & Epifcopis, excurrente vacati^ 
 one parochialium Ecciefiarum, 
 eas nullo aut minus rite fervato 
 examine, prsefertim illo quod 
 per concurfum fieri debet ex 
 concilio Tridentino, vel etiam 
 rite fervato examine perfonis 
 minus dignis, carnalitatis, aut 
 alium humanae paflionis afi'ec- 
 tum, non rationis judicium fe- 
 quentes, contuliffe, volentes 
 hujufmodi, ac etiam futuris pe-- 
 riculis occurrere, authoritate 
 Apoilolica, tenore prcefentium, 
 omnes & fingulas coHationes, 
 provifiones, inltitutioncs, Sc 
 quafvis difpofitiones parochia- 
 lium Ecciefiarum ab eifdera E- 
 pifcopis, Sc Archiepifcopis, ac 
 quibufvis aliis collatoribus, prre- 
 ter & contra formam ab eodem 
 Concilio Tridentino prxlcrip- 
 tam, faftas, aut in futuiuin fa- 
 ciendas, nullas, irritas, ac nul- 
 lius roboris fore & eiTe, dccer- 
 nimus & declaramus eafque om- 
 nes, fie vacantes, nollrae S: fcdis 
 Apofiolicx difpofitioni referva- 
 mus, /^;V. Cap. 2. 
 
 0.2 
 
228 CyEcCLESIASTICAL 
 
 that whoever fhall put all thefe Refervations toge- 
 ther, will be found to have done the Pope no wrong 
 in the Calculation, and that he hath at leaft five 
 times as many Collations ^s all the other Collators 
 put together. ! ■ "•' »" 
 
 To give every one their Due, we ought not to 
 pafs over in filence the vigilant Care exprefs'd by 
 the Popes, that the Bifhops themfelves and the 
 other Collators fhould have no Door left open to 
 pradife any Abufes. And therefore they have never 
 been allow'd to unite Benefices for Life, nor to 
 put them in Commendam for Life ; nor to difpenfe with 
 the Plurality of Benefices which are incompatible ; 
 nor to grant RegrefTes or Coadjutorfhips with Suc- 
 ceflion in Reverfion : And now the Popes fhew the 
 fame Vigilance at this day, in prohibiting the Pre- 
 lates to charge any Benefice with the lealt Penfion, 
 or to receive Refignations in Favorem. And even as 
 to abfolute Refignations, which have been of fo 
 ancient Ufage in tlrc Church, PiusY. in 1568, pro- 
 hibited all the Ordinaries, who receiv'd any Refig- 
 nations, under the moft grievous Penalties, from 
 conferring the Benefice refign'd, on any of the Pa- 
 rents, Allies, or Domefi:icks of the Refigner ; en- 
 joining too, that neither by Word, Gefture, nor 
 any other Sign, the Perfon fliould have any Inti- 
 mation to whom the Refigner defir'd the Benefice 
 fhould be given (7). 
 
 CHAP. 
 
 (7) CaveantEpifcopi, itemque 
 onmes Eleftores, praefentatores 
 Sc patroni turn Ecclefiaftici 
 cuarn Laici, ne vcrbo quidem 
 aut nutu, aut figio futuri in 
 hiijufmodi beneficiis fucceflbres 
 ab ipfis refignantibus, aut ali- 
 ifque eorum fignificatione, ve. 
 
 hortatu defignentur, aut de his 
 aflumendis promiffio inter eos, 
 vel etiam intentio qualifcunque 
 intercedat. Ceterum pr^cipi- 
 mus atque interdicimus, ne ipfi 
 Epiicopi, aut alii collatores de 
 beneficiis, & officiis refignandis, 
 aut fuis, aut admittentium con- 
 fanguineis 
 
Benefices and R e v e n uT?s. 
 
 fanguineis, affinibus, vel fami- 
 liaribus etiam per fallacem cir- 
 cuitum multiplicatarum in ex- 
 traneos collationiim, audeant 
 
 providere Qui contra fe- 
 
 cerint, a bcneficiorum & offi- 
 ciorum collatione, nee non elec- 
 tione, prefentatione, & inftitu- 
 tione, tarn diu Aifpenfi rema- 
 
 neant, donee remiffionem a 
 Rom. Pontifice meruerint ob- 
 tinere ; & qui talia beneficia 
 feu officia receperint, eos pne- 
 didlis pccnis volumus fubjicere. 
 Decretal lib. 7. tit. 14. cap. 3. 
 This Decretal is dated April \y 
 1568. 
 
 CHAP. LI. 
 
 IT is conftantJy maintain*d by all the Canonifts 
 and Cafiiirts, that all Compadls or Bargains in 
 which Benefices are concerned, are Simoniacal, when 
 it is done without the Pope's concurrence ; but that 
 being obtain'd, gives a fanftion to every thing ; 
 founded on this univerfal Propofition, That the Pope 
 cannot commit Simony in beneficiary Matters. 
 
 This being a Dodlrine with which the World is 
 not much edify'd, fome Canonifts more modeft than 
 the reft, diftinguifh betwixt a Simony forbid by 
 the Laws of G O D, and one forbid by human Laws 
 only (i): adding withal, that the Pope alone is 
 not capable of committing Simony of the latter 
 fort. But this DilVin6lion feems to clear no Diffi- 
 culty •, for that which is not evil in its own Nature, 
 nor forbid by GOD, deferves not the Name of 
 Simony : Befides, that it is Labour loft to make a 
 Law, and not to have it obferv*d. But whoever 
 
 (r) This is the Diftint^ion 
 upon theGlofs, upon the Chap- 
 ter, Cum pridtm 4- I'erh) \^illi- 
 cito'Ji extra de pactii : Which is 
 
 followed by all the Tramon- 
 tains. See Felin. ad cap. ex 
 parte 12. Num. I. extra, de of- 
 ficio Judicii delegati. 
 
 Q^i refleds 
 
i^^ 0/" Ecclesiastical 
 
 refleds thoroughly on this Point, without feeking 
 a Subterfuge or Evafion by Words, will fee that 
 both the one and the other Simony is prohibited by 
 GOD. 
 
 Certainly it is a Juftice which cannot be denied 
 the Pope, that he hach held the Bilhops fo ftriftly 
 to their Duty, that he hath nothing to anfwer for 
 in that regard. And it is a fi^nal Infcance of the 
 Divine Favour, which hath enabled the Popes to 
 preferve the reft of the Church fo untainted from 
 the Corruption of Simony, fince they have not 
 been able to defend themfelves, nor their Court, 
 from thelnfedion. 
 
 And as we may have leave to hope (2), that orte 
 jbay will produce fome Pope of fo much Vertue, 
 as to make a Reformation in his Court ; there cap- 
 j^ot furely be a plainer Road than is already mark*d 
 out to him, to accomplifti it, in putting himfelf 
 under the Obedience and Difcipline of thofe Laws, 
 which have been pradis'd with fo much Rigour on 
 the other Bifhops. Then v/e ftiould foon fee the 
 happy Effedb, if it were not defeated by Flattery 
 and Infinuations very improper for great Reforma- 
 tions ; fuch as, that the Popes who are, through-r 
 out all Iiaiy and in fome other Places, in poflefliort 
 of a Privilege fo valuable, as not to be fubjefted to 
 any Rule, have not rcafon to diveft thejtifelves of 
 the Right (3) ; and do a. manifeft Prejudice to the 
 
 (2) Chiefly at this Day, j 
 'vvhen God hath given the 
 Church a Pope irreprehenfible, 
 and who having fo conflantly 
 renounced the Flefh, and the 
 inclinations bf Blood, may fay 
 Vith St. Paul, miki Mwndus 
 ■crucifix tfs tjiy ^ ego Mundg. 
 Galat. ultim. 
 
 (3) For the Court of Rotm 
 hath eftablifti'd it as a funda- 
 niental Maxim, that the Pcfpe 
 hath not the Power of making 
 any Alteration in the Papal Au- 
 thority, and confequently can- 
 not, for any Reafon whatfocver, 
 lawfully releafe any Right, nor 
 would it be valid. 
 
 Apoftolick 
 
Benefi CE s ^W Re V E NU Es. 231 
 
 Apoftolick S;e. Which is a reafoning fo dircdtly 
 contrary to the profefs'd Dodrine which the ancient 
 holy Popes and Fathers have taught. 
 
 But it is eafy to determine, by what hath been 
 faid, that if the Pope have fo abfolute a Power over 
 the Benefices and Ecckfiaftical Goods, he is fub- 
 jeft to no Rule himfelf in the Difpcnfation of 
 them. For to rcafon juftly, If the Church of every 
 particular Place be abfolute Miftrtfs of the Goods 
 ilie is poflefs'd of, becaufe thole who had the Pro- 
 perty of them before, had transferred it to that 
 Church with the Pcrmiflion of the Prince, who, 
 by virtue of his Laws, had made it capable of acqui- 
 ring Eftates •, it follows, that thefe Eftates ought 
 to be unJtT the Management and Adminiftration 
 ofthofe to whofe Care they are committed j /r/?, 
 according to the Law -, fecondly, according to the 
 Conditions prefcrib'd by the firft Owner, viz. the 
 Donor or Teftator ; and finaliy, according to the 
 Diredions of the Church to whom they belong ; 
 provided ftill, they contradict not the Difpofition 
 ofthofe from whom fhe derives her Right. 
 
 This is fo evident, and carries fo much Con- 
 vi6lion along with it, that whoever difputes it, 
 feems either to be void of common Senfe, or wil- 
 fully to renounce the Light of his own Reafon. 
 
 The Church-men have the Adminiftration of 
 thefe Goods, by virtue of the Laws, which have 
 impowercd Chriftian Communities to acquire im- 
 moveable Eftates, by the Will of the Donors and 
 Teftators who have bequeath*d them, and by the 
 Authority given by the Church, declai'd in the 
 Canons. They are therefore oblig'd to govern and 
 difpenfe thefe Goods according to the Laws, Con- 
 ditions, and teftamentary Difpofitions, and vvithall 
 according to the Canons: And whatever is done 
 !'; Q^ 4 contrary 
 
^3^ 0/" Ecclesiastical 
 
 contrary to thefe, can be accounted no other than 
 Injuflice and Ufurpation. 
 
 The Canonifts fay, That the Pope hath a Power 
 fo abfolute over the Ecclefiaftical Goods and Bene- 
 fices, that he ciin unite, divide and beftow them in 
 whatfoever manner he pleafeth, confer them before 
 they be vacant, ered new ones, impofe Services, 
 Burdens, and Fenfions, in which no Bounds can be 
 fet him (4); and finally end in this decifive Con- 
 clufion, That in Beneficiary Matters, the Will of 
 the Pope (lands in place of Reafon. 
 
 It is not eafy to carry a Do6lrine higher, than 
 where Reafon is declared ufelefs ; yet they (top not 
 here, but add. That the Pope can change Difpofi- 
 tions of Wills (5) ; and apply the Legacies of Clu- 
 
 (4) St. Thomas did not be- 
 lieve this, who fpeaks fo plain- 
 ly, declaring, that the Pope 
 is only the principal Difpenfer, 
 and that Honefty and Fair-deal- 
 ing is abfolu-tely neceflary to 
 that Trull. He fpeaks of Bi- 
 fnops, amongwhich he includes 
 the Pope himfelf in thefe Terms, 
 Ecchfiajiicorum homrum funt 
 difpenfatores lel procuratorei—- 
 ad cUfpenfatorem autcm require- 
 tur bona fides. 2. 2. queft. i 85. 
 art. 7. Now Honefty and Fair- 
 dealing are as incompatible with 
 the Difpofition ad Nutum, as 
 Liberty with. Servitude. And 
 confeqiiently, if the Pope is 
 lubjed to the lame Infirmities 
 with other Men, and to the 
 fame Pafiions, his ad Nutum 
 may fometimes occafion Evils, 
 if Princes and Bifliops always 
 Jefthim to himfel^. 
 
 (5) Saith the Author, to- 
 wardb the end of his 6th Book 
 of the Hillory of the Council 
 of Trent, As Wills take their 
 force from the Civil Law, they 
 cannot be changed, but by the 
 Prince or Magiftrate. And if 
 any one fay, that it is the Law 
 of Nature which gives them 
 Force, it is anfwer'd, That it 
 is for that very Reafon that the 
 Ecclefiafticks ought ftill to have 
 lefs Authority, fince none but 
 the Prince can difpenfe 
 with this Law, when there ia 
 Reafon to do it. Now, ac- 
 cording to St. Paul, the Minif- 
 ters of Chrift have no Admini- 
 ftration but in Divine Matters. 
 It is worthy of Obfervation, by 
 the way that the Roman Ma- 
 giftr^tes were fo religious in 
 point of Wills, that even Tibe- 
 rius could not obtain, that the 
 Mojiey 
 
Benefices ^;7^ Re VENUES. 233 
 
 rity to other Purpofes than Aey were given. Anc/ 
 it cannot be denied, that this Pra6tice has introduc'd 
 all the Changes which the Church has undergone in 
 herlnfticutions and Policies: The Queftion ftill re- 
 mains, if it can admit of any Doubt, who hath err'd, 
 the Ancients or the Moderns. 
 
 Martin Navarr, with fome others of the moft 
 moderate among the Canonifts,'*reftrain the Propo- 
 fition of their high-flown Brethren to this, That 
 the Pope may only alter Tcftaments, when there is 
 a lawful Caufe for ir. Otherwife it would be to 
 deprive a Man of what is his own, and of the 
 Right which the natural and divine Law gives him 
 over it: And then proceeding to inftance in Par- 
 ticulars, adds. That the Pope cannot, without good. 
 caufe, give to one Church what hath been left to 
 another (6) : How much lefs then can he do ic to 
 Perfons not nam*d .? 
 
 He faith withal, that this Aflertion of the Ca- 
 nonifts. That the Will of the Pope is of equal Au- 
 thority with Reafon itfelf in beneficiary Matters, is to 
 be underftood only of fuch things as are of pofitive 
 Right, but not of fuch as cannot be put in pradice 
 without violating both the natural and divine 
 Law: And thofe who do not allow an unlimited 
 Power to the Pope, fhould bring the Canons of the 
 
 Money left by Will to build a 
 Theatre, Ihould be employ 'd 
 to another Ufe. Cenfente, faith 
 Suetonius, ut Trehints Legatam 
 in opus novi Theatri pccuniam ad 
 munitionem •vitc transferre con- 
 cederetur, obtimre non potuit, 
 quin rata voluntas Ugatoris ejfet. 
 in Tib. 
 
 (6) Quamvis, faith Felinus, 
 
 ad cap. quae in Ecclefiarum 
 Num. 44. extra de conllitutio- 
 nib. refpeftu beneficiorum la- 
 tiffima fit poteftas Papae, tamen 
 refpeftu bonorum ipfarum Ec- 
 clefiarum fecus. Unde non po- 
 tefl: auferre bona unius Eccle- 
 fi:E, & dare alteri, fine caufa, ut 
 notat Gloffa. Vide Archid. ^ 
 Dominic, in can. i. dijl. lo. 
 
 univerfal 
 
^34 0/ Ecclesiastical 
 
 univerfal Church within the fame Limitations, to 
 avoid falling into an Abfurdity of fo much confe- 
 quence, That the Church hath err'd in fo impor- 
 tant a Matter, while \iiQ Court of Ro7ne hath aded 
 uprightly. 
 
 Navarr adds farther. That in the Clementine, 
 where the free Difpofal of Benefices is faid to be- 
 long to the Pope (7), is not meant by the Word 
 free a Difpofal abfolute, and without Permiflion or 
 Confent of any Perfon whatfoever; but only a Dif- 
 pofal without prejudice to any body elfe. Now if 
 we fhould admit a Conftrudion that appears fo rea- 
 fonable, it would make ftrongly againft Referva- 
 tions, feeing they are prejudicial to the Bifhops, 
 The Popes could no longer give Benefices to Stran-* 
 gers, feeing that would be prejudicial to the Natives 
 of the Place, in favour of whom the Requefts had 
 been made : And it favours as little any Pretenfions 
 to a Power of altering Teftamentary Difpofitions, 
 by being fo injurious to the Memory of the Dead. 
 
 I know very well there are others who are ready to 
 admit all this to be true, provided there be no law- 
 ful Caufe to the contrary. But the Queftion is. Who 
 is to be Jt-idge of the Reafonablenefs of the Caufe ? 
 For if he, whofe Authority it is defign'd to reftrain 
 be the only Judge, it is the fame thing to give him 
 the abfolute Power, as to limit it by any Condition, 
 if the Law is not fuperior. 
 
 What Navarr farther adds is very remarkable. 
 That in our Age, the Opinion of the Lawyers, who 
 enlarge fo much on the Power of the Pope in Be- 
 neficiary Matters, is extreamly countenanc'd, be- 
 caufe it gratifies the Avarice and Ambition of thofe 
 
 (7) Ad quern Ecclefiarum 
 dignitatum aliorumque beneli- 
 
 & libera drfpofitio nefchar pcr- 
 tinere. Clement. Hi. i. ///• 5- 
 
 ciorum EcclcfialUcorum plena | cap. i. 
 
 who 
 
Benefiges i3!^^ Re VENUES. 235 
 
 who are in purfuit of many Benefices, and that he 
 had heard a Divine and a Canonift, both famous la 
 their Profeffion, publickly declare, that they would 
 make no fcruple to accept all the Benefices in the 
 Kingdom, if the Pope would fo beftow them (8): 
 But that on the contrary, Pius V. in difcourfe one 
 day told him, that the Lawyers ordinarily attri- 
 buted more Authority to the Pope than belong*d to 
 him, To which Navarr anfwer'd, that there were 
 fome alfo, who would take a great deal from him 
 of what belong'd to him; and therefore a middle 
 Courfe was to be taken, in accommodating equitably 
 betwixt iDivine and Human Laws: Not following 
 herein the Example of the modern Lawyers, who 
 carry the Authority of Human Laws fo high, that 
 they decide in their Favour againft the Divine (9). 
 
 However, tho* the Refped due to the Pope will 
 iiot fuffer me to conteft an Opinion, which gives 
 
 (8) They are yet more fcru- 
 pulous than an Abbot, whom I 
 heard fay, That he would make 
 no fcruple to hold 300c Abbeys 
 or Priories, if the King would 
 give them him : A Declaration 
 Worthy of a Man, who is nei- 
 ther of the Religion he profef- 
 feth, nor of that which he quit- 
 ted, in order to get Benefices : 
 And who enjoy eth one at this 
 jime, among others, which he 
 won of the Collator, at a Party 
 at Picket. 
 
 (9) The Canonifls are not 
 tontentcd to give the Pope an 
 abfolute Power over all Men, 
 fcut have extended it even to 
 the Angels. f-'Ue Felin. upon 
 the Chapter Canonum Statuta. 
 f^um. 6. extra de c^tJlitHt. and 
 
 Decius upon the fame Chapter, 
 led. 2. num. 2i. where he lays 
 down for a Rule, That the 
 Pope alone hath more Autho- 
 rity than all the Angels put to- 
 gether ; Mfjjor ej{, faith he, 
 authoritas Pafiv, quam Sando- 
 rum. 
 
 To fee on what Foundation 
 the Pope's Pretenfion is foun- 
 ded, of his being Mafter and 
 Lord of the whole Earth, there 
 needs only to read the Com- 
 mentary of Innocent IV. upon 
 the Chap. 8. extra de 'voto, i^ 
 "joti Redempt. But this Preten- 
 fion is well refuted by Farnand 
 Kafquez, lib. I . Contro'verf. il- 
 luftr. cap. 21. and by Gretius 
 in ChaJ>. 3. of his Mare Libe' 
 rum. 
 
 him 
 
236 O/'ECCLESIASTICAL 
 
 him fo much Power, yet I cannot comprehend, how 
 it can be made to confifl: either with Divinity or 
 Reafon. I will therefore only propound fome Dif- 
 ficulties, which are commonly ftarted by thofe, 
 who have writ on this Subjed -, the Refolution of 
 which, would put the Matter in a very clear Light. 
 
 CHAP. LII. 
 
 Q_U E S T I O N I. 
 
 THE firft Queftion is, If the Pope hath fo 
 large an Authority, who hath given it him ? 
 It is plain not Jesus Christ, feeing the Autho- 
 rity derived from him, extends only to fpiritual 
 Things i that is to fiy, to bind and loofe, to remit 
 or retain Sins (^j. As for Ecclefiaftical Goods, we 
 have already proved, that they arepoflefs'd by Hu-= 
 man, and not by Divine Right *. The Pope there- 
 fore hath receiv'd no fach Power from GOD. 
 And it is plain he hath receiv*d none from Princes, 
 Teftators, and Canons of the Church •, becaufe all 
 thefe have committed the Adminiftration of the 
 Goods and Benefices of every Churqh to the Ec^ 
 
 (a) Tibi dabo, faith Jefus 
 Chrilt fo St. Peter, Claves reg- 
 Jii coelorum. Etquodcunque li • 
 gaveris luper terrain, eric liga- 
 tum S: in ccelis. Mat. 16,^ 18. 
 Quorum remiferitis peccata, 
 remittuntur eis, & quorum 
 (my Kingdom is not temporal) 
 rccinueritis, retenta, Joatu 20. 
 
 By the Keys of the King- 
 dom of Heaven, Jefus Chrilt 
 giveth St. Peter to underfland, 
 that he gives only a fpiritual Ju- 
 rifdiftion, feeing his Kingdom 
 is purely fpiritual. Regnum 
 meiim non ejl de hoc mundo. 
 
 * Article 20. Queft. i. 
 
 clefiafticks. 
 
Benefices tf;/<a^ Re VENUES. 237 
 
 clefiafticks of the Place, and under fuch exprefs 
 Conditions as cannot be alter*d. Seeing therefore 
 no other Patrons or Owners can be found butthefe, 
 and that there is no other Right but what flows 
 from them ; it remaineth to inquire by what other 
 Channel this Authority could be convey'd to the 
 Pope. 
 
 Q^U E S T I O N ir. 
 
 To this Queftion may be added another as mate- 
 rial ; which is, that if he hath this Authority, 
 whence comes it, that his Predeceflbrs for more 
 than 1 000 Years have never exercis*d it? And that 
 neither Councils, Fathers, Canons, nor ancient 
 Hiftories have ever mention'd it? They cannot 
 afcribe it to the different Circumftances of Times 
 in the Church, as requiring it more now, than in 
 fo many Ages paft : For from the Year 800, until 
 I lOO, the Confufions and Corruptions were fo 
 great, that ours are comparatively inconfiderable : 
 Yet no Pope then ever concern'd himfelf in the 
 Management of the Eftates of other Churches, as 
 much as they wanted Regulation : And even after 
 the Popes had begun that Praftice in fome meafure, 
 none of them ever pretended to fo abfolute a Power 
 and Diredion, before Clement IV. Nor even did 
 that Pope venture to lay a dired claim to fuch a 
 Power, touching it only in pafTing, and without 
 the Appearance of any Defign in mentioning it*. 
 A way of fpeaking which ftldom ufeth to be con- 
 vincing, feeing things that are occafionally men- 
 tion*d, and as it were by accident, are commonly 
 
 ♦ See Ci'/x/'. 35. and the Decretal of Pope C/f^/z^T/, in the Notes. 
 
 exprefs'd 
 
22^ Of Ecclesiastical 
 
 exprefs'd in another Manner, than if they were di- 
 red: Propafitions to be examined and difcufs'd. 
 
 Nor can any good EfFeft it has produc'd be urg'd 
 in defence of this Authority, which hath open'd 
 fo wide a Door to all the Abufes. From this Quarter 
 have come Penfions, Cammendams, Regreffes, Uni- 
 ons, Refignations, Expedlatives, Refervations, An- 
 nates, ^iindenniumSy and other Devices, which 
 have broke in upon us, and which none pretends to 
 approve, or cxcufe, ocherwife than by the general 
 Corruptions of the Times. 
 
 Q^U E S T I O N III. 
 
 There remains a third Difficulty upon thk 
 Point, no lefs confiderable, which is, That ever 
 fmce the Popes firft began to exercife this abfolute 
 Power, the Chriftian Princes have conftantly com- 
 plain'd, and made Oppofition, as we have above 
 related, which hath obliged the Popes to reftrain 
 the Exercife of it. 
 
 But it hath not been fuch a Reftriftion, as hath 
 amounted to a voluntary Ceffation of that Autho- 
 rity, but rather a fort of Contraft or Compromife, 
 ufual in the Cafe of doubtful Rights, whereby it is 
 ftipulated and declared with Princes, how far their 
 Pretenfions fhali extend, which cannot be carried 
 to the prejudice of the Popes their SuccefTors, if 
 the Authority of the Pontificate were not before 
 redrain'd within any Bounds. Leo. X. when he 
 took away the Pragmatick, eftablilh*d the Concor- 
 dat, ^nd fo he ililes it in the Bull. Now, whoever 
 hath a full and abfolute Authprity, cannot be faid 
 
 to 
 
Benefices ^;;^ Re VENUES. 239 
 
 to make any Agreement (i), but trealts as a Supe- 
 rior with his Subjefts, and by way of Conceffions : 
 And I lay not this ftrefs alone upon the word Con- 
 cordat, but the fame Argument holds in all the like 
 Cafes. Not only Leo ftiles it in his Bull Concor- 
 cordia (h), but farther explains himfelf in thefe Terms ; 
 Jliam veri contrauius (^ ohligationis inter nos & fedem 
 uipojiolicain ex una, ^ Francifcum Regem ex altera 
 partibus legitime uniti. 
 
 If any one require here a farther Explanation, it 
 is very obvious, the Holy See is at ditference with 
 the Kingdom of France : The Popes claim an ab- 
 folute Power over all Benefices, referving to them- 
 felves the Difpofal of them, i^c. France on the 
 contrary maintains. That fuch an Authority be- 
 longs to its own Bifhops: To put an end to this 
 Difference, they come to a Declaration of their 
 Rights, that fets bounds to their Pretenfions on 
 both fides. How then can thefe Pretenfions be 
 faid to have any iix'd, indifputable and natural 
 Right? 
 
 If there be any better An fwer or Solution to be 
 made to thefe Difficulties, I profefs my own Ina- 
 bility to find it, and muft refer my felf to the 
 Judgments of the Learned. I can only fay. That 
 if the Praftice of the Church for more than looo 
 Years had been yet preferv'd, which was. That the 
 Eftates of every Diocefs were managed by its own 
 proper Minifters, all thefe Grievances had been 
 prevented, and the Revenues had doubtlefs been 
 
 (1) This is perhaps one of j ma<tick, the' the one hath as 
 the Reafons, why Leo would I much relation to the other, as 
 not fufFer the Council of La-\x\iQ Achat is iox.\\e Fente. 
 teran to call it the Concordat I (b) L'cncordiam cum Fran- 
 in tiie Decree, where it fpeaks I cifco inviolabiter obfervari de- 
 <^ the SupprefTion of the t^rag^ I fidcramus. 
 
 more 
 
240 0/* Ecclesiastical 
 
 more ufefully and faithfully applied than they are a£ 
 this day, if we were capable of profiting by any 
 Examples. 
 
 ■-!(|i; :■ 
 
 Q^U E S T I O N m 
 
 Having in the three firft Queflions treated of the 
 immoveable Eftates of the Church, we come now 
 to the fourth, which concerns the Fruits or Reve- 
 nues arifing from thofe Eftates. 
 
 All the Fathers who have writ before the Divi- 
 fion was made of the Goods of the Church into 
 four Parts, have all agreed, that they belonged to 
 the Poor •, and that the Ecclefiaftick Minifter had 
 no other Right in them, but to manage, direft, 
 and difpenfc according to thofe Neceflities ; treating 
 as Robbers, and facrilegious Perfons, thofe Mini- 
 fters, who applied thofe Eftates to any other Pur- 
 pofes than the Defign of their Inftitution. Yet all 
 the Ecclefiafticks had not the Management of the 
 Church Eftates, tho* they were maintain*d out of 
 them, as well as the Widows, the Poor, and other 
 miferable Objedts : But this Care, after the Example 
 left by the Apoftles, was committed to the Deacons, 
 Sub-deacons, and other Oeconomifts (i), who gave 
 
 account 
 
 (1) The Church being be- 
 come rich in Poffeflions, and 
 the Deacons and Bifhops dif- 
 tradted with the Care of them, 
 the Council of Calcedon order'd 
 that the Biftiops (hould appoint 
 a Steward to look after the Re- 
 venues of the Churches. 
 
 Quoniam, faith the Councily 
 Can. 26. in nonnullis Ecclefiis 
 Epifcopi abfque Oeconomis trac- 
 tant res Ecclefialticas, placuit 
 omnem Ecclefiam Epilcopum 
 habcHtem ex proprio C'lero Oc- 
 conomum quoque habere, qui ex 
 Epifcopi lui lententia res Ec- 
 clefiallicas 
 
Benefices a?id Revenues. 241 
 
 Account to the Bifhop *, and in feme Places to the 
 Prefbytery (2). 
 
 After that Benefices were inftituted, it feems pro- 
 babJe that the Bifhop, Priefts, and other Clergy 
 difpos'd as freely of the Revenues of their Benefices 
 as of their own Eftates, and as of the Share which 
 properly belong'd to them. Yet all Writers feem 
 to agree, that the Prieft ought not to take any more 
 of the Revenue of his Benefice, than what was 
 flriftly necelTary, and that he is obliged to employ 
 the reft in Works of Charity ; and certainly with 
 great reafon, for the Divifion which was made of 
 the Revenues could not change their Nature : For 
 if an Eftate which hath a Duty or Charge annex'd 
 to it, comes to be divided, both the Parts are fubjs6t 
 to the fame Obligation. 
 
 Among thofe Fathers who have writ fince the 
 Divifion, St. Gregory who liv'd fomething more than 
 100 Years after, and St. Bernard who liv'd about 
 800 Years after him, inveigh loudly againft thofe 
 who make an ill Ufe of the Revenues of Be- 
 nefices, as Ufurpers of the Publick Goods, and 
 
 clefiaftlcas difpenfet, ut nee fine 
 tellibus fit EcclefiJE adminiftra- 
 tio, atque adeo res ejus diffipen- 
 tur, & probrum ac dedecus fa- 
 cerdotio inuracur : Si autem 
 hoc non feceric eum divinis e- 
 tiam Canonibiis fubjici. Vide 
 Can. I I . Concil. Nid^ni 2. 
 
 The Stewards were call'd 
 Vke-Domini, as may be feen 
 by the Canons Volumus 2. &' 
 Dia?nonum 3. JiJ}. Isg. which 
 are taken from St. Gregorv- 
 The Vice- Domini of the Bi- 
 
 (hops, faith the Perroniana, 
 were certain Lords, who were 
 Vicars of the Bifliops in their 
 Temporalities, but Lords of the 
 Soil. 
 
 * VideNomocan. Photii, tit. 
 10. cap. I. & ibi Balzamon. 
 
 (2) They fo call'd the Col- 
 lege of Priells and Deacons. All 
 Affairswere laid before this Col- 
 lege, who examined, and reported 
 them to the General Aflembly 
 of the faithful. 
 
 R 
 
 Murderer3 
 
242 6)/*EcCLESIASTICAL 
 
 Murderers of the Poor, whom they ought to 
 feed (a). 
 
 This hath been the Language of all the Dodors 
 and Writers on this Subjed, until the Year 1250, 
 when they began to refine upon it with more Sub- 
 tlety : And as what the ancient Writers affirm'd was 
 admitted. That every Clergyman finned, who cm- 
 ploy'd the Overplus of what was neceffary for him, 
 to ill Purpofes, the Queftion was now ftated. Whe- 
 ther thofe Beneficiaries, who did not employ the 
 Overplus to the Ufes he ought, did not offend 
 more than he who fpends his own Eftate to ill Pur- 
 pofes ? Or, Whether they be not oblig*d to Refti- 
 tution,as much as if they had fpent another Man*s 
 Eftate ? 
 
 If they really be the Proprietors of the Fruits of 
 their Benefices, or, to fpeak in the Terms of the 
 Civilians, Ufufruoluarii^ they fin indeed in admini- 
 firing them ill ; but they do injury to none, and con- 
 fequently are bound to no Reftitution, fince they 
 have made an ill ufe of nothing but their own. 
 But if they are only the Difpenfers, with a power 
 of employing fo much only to their own Ufe, as 
 is necefiliry for them, and no more, which the Law 
 calls Ufiiarii (^), they are obliged to make Reftitu- 
 
 (fl) Cum nos, faith St. Gre- 
 gory, lib. 3. of his Pafioral, 
 Admonit. 22. neceflaria incli- 
 gentibus miniHramus, fua illis 
 reddimus, julliti?eque potius 
 debitum quam miiericordia; opus 
 implemus. 
 
 And to the fame Purpofe 
 faith Peter Cantor, That the 
 Charities given by Beneficiaries 
 arc not properly given to the 
 Poor, but to Jefus Chrift, 
 whofe Patrimony tliey have the 
 Care of. as Difpenfers and Exe- 
 
 cutors of his Will ; which if 
 they do not faithfully perform, 
 they are no better than fo many 
 Robbers 
 
 [b) Cum ufuarii tantum, non 
 ufufruftuarii, fmt, omnes Ec- 
 clefis proventus folo nudo ufu 
 excepto pauperibus, qui Eccle- 
 fije bonorum vero domini funt 
 dare vel potius reddere tenen- 
 tur. T^he Prefident du Ferrier 
 in one of his Harangues to the 
 Coufhi/ofTrem. 
 
 . tion 
 
Benefices ^?;?^ Revenues. 243 
 
 tion to the Value of what they had difTipated : And 
 which is more, whoever receives any Gift by the 
 Will or Donation of fuch as have no Right to give, 
 he alfo is oblig'd to make Reftitution. 
 
 A real Scruple^ of Confcience firft gave rife to 
 thefe Doubts, which after having been canvas'd for 
 350 Years (3), remain undecided at this day, with 
 en equnl Number of Authors on both fides to fup- 
 port it : And it hath been lately reviv'd with much 
 Heat and Wrangling betwixt Martin Navarr^ a cele- 
 brated Canonift and Cafuiii, and Francis Sarmiento* : 
 Navarr maintaining, that Beneficiaries are not the 
 Proprietors, but meerly the Difpenfers of thofe 
 Revenues ; fo that they who fin, are obliged to make 
 ReftirAition. 
 
 Cardinal Cajetan holds a middle Opinion, faying. 
 That Beneficiaries who have no more than what is 
 ftridlly their own, or but a little exceeding, are 
 truly Proprietors of their Benefices, becaufe they 
 hold no more than what is the Share that is due to 
 them : But this cannot be faid of the rich Bifhops 
 and Abbots, whofe Revenues confifting both of the 
 Church's (4) Share and the Poor's, oblige the Benefi- 
 ciaries in Juftice to beftow largely in Alms, and 
 other pious Works, under pain of Reftitution, both 
 in thofe who lay it out otherwife, and in thofe who 
 
 (3) To reckon from the 
 Year 1250, when, he faith, 
 this Queltion began to be fet on 
 foot ; which points at the time 
 when Fia. Paolo wrote this 
 Treatife, 'viz. in the Beginning 
 of this Age. 
 
 * In his Treatife de Redditi- 
 
 bus Eccleftaflicis \ the Arguments 
 of Na-uarr and Sarmiento are re- 
 lated by Garcias, in liis Trea- 
 tife de Beneficiis, part. 2. cap. \ . 
 
 (4) That is to fay, of what 
 belongs to the Fabrick, which 
 chey are entrufted to look af- 
 ter. 
 
 R 2 receive 
 
244 ^f Ecclesiastical 
 
 receive it (f). Nay, he carries ic fo far, as to fay. 
 That whoever receiveth from the Pope any Prefer- 
 ments, or Eftates belonging to the Church, in or- 
 
 {c) Redditus Epifcopalcs aut 
 funt tenues, ita quod iufficiant 
 pro fubfidio Epifcopi ; aut lunt 
 mediocres, ita quod iufficiant, 
 & parum abundant ; aut funt 
 abundantes notabiliter fupra id 
 quod neceilarium ell ad luften- 
 tationem Epifcopi. Et fi prime 
 aut fecundo modo fe habent, 
 cum conftet, quod principaliter 
 ordinantur ad Epifcopi iullen- 
 tationem, idem videtur de re- 
 ditibus itlis judicium, quod de 
 prxbendis Clcricorum \_uhfer-ve 
 that he hath fa'ui a little htfore, 
 that the Re-venue of the Bijhop is 
 as it ivere his Prebend, Conilat 
 autem quod reditus Epifcopi eit 
 ficut prajbenda illiui] ita quou 
 quia quod parum iuperabundat, 
 pro niliilo a jure computatur, 
 propterea non obligantur tales 
 Epifcopi ad hujufmodi diitribu- 
 tionem (Icilicet in pauperes, <S: 
 fabricam) fi autem redditus 
 funt pingues Sc abuno'untes, ita 
 ut fapientis animo cadere non 
 poffit, quod fint Epifcopo ailig- 
 nati pro ejus fulientatione, tunc 
 tenetur Epilcopus duas quartas 
 ad minus diilribuere in paupe- 
 res, & ecclei'iEE fabricam, leu 
 iupelleftilem, Sc cetera. Et 
 ratio cli, quia ex hoc, quod 
 cleriti habeiu feorium luam por- 
 tionero, non eit fubtrafta a jure 
 pauperibus poriio illis debita 
 e\ jure ; i' liiniliter non ell fa- 
 hricre iubtracta a jure portio illi 
 ex jure debita ; led bona Epif- 
 
 copalia remanent affefta tali ju- 
 ris diipolitione antiqua& iantta, 
 ita quod quemadmodum, quan- 
 do erant communia Ecclei'ialH- 
 ca bona his quatuor icilicet E- 
 pifcopo. Clero, Pauperibus, & 
 Fabrics; commiifa erant Epii- 
 copo cum vinculo, & debito 
 talis diftributionis, ita exclufo 
 uno membro, fcilicet Clero 
 tali communitate, quia jam ha- 
 bet proprias prsebendas loco fuc'e 
 portionis, remanent bona Epif- 
 copalia communia reliquis tri- 
 bus, ita quod pauperibus rema- 
 neat debita quarta portio. Com. 
 zd.-e. zdfi\ querft. iS^^ftart. 7. in 
 refp. ad querji. I. 
 
 Si autem, faith he, in the 
 Jnfiis r to the fecovd ^efiion, 
 redditus Epiicopi tantus eit, ut 
 rationabi liter appareat quod non 
 quafi prasbenda libi relpondeat, 
 ied quia pater eit pauperum, 
 igitur tanta bona fuas funt iidei 
 
 commiila ut diltribuenda — — 
 
 ita quod Epifcopus talis male 
 difpenfans, & illi ad quos per- 
 veniunt, tenentur ad reltitutio- 
 nem omnium illorum, quae pau- 
 peribus vel ecclefia; debentur. 
 Rationabile autem videtur, 
 quod ii abundantes redditus qk 
 ecciefialticis decimis, aut pof- 
 ieffionibus conltant, commiila 
 fmt Epi^'copis, ut patribus pau- 
 perum Epifcopo trcdita; lunt. 
 Ideo enim Epifccpio datas funt, 
 quia occulta fide perlpiciebatur 
 eos eiTe partes pauperum. 
 
 der 
 
Bene Fi c E s i^W Re V E Nu Es. 245 
 
 der to enrich and aggrandize himfclf in the World, 
 are alfo obliged to make Reftitution : All Donations 
 of the Goods of the Church, which have not a 
 Motive of Piety or Ch?.riry, being no lawful Diflribu- 
 rion, but an Injuftice and a DilTipation (d). 
 
 Without refining and fubtilizing too much on this 
 Subjed, all the Difficulties that can arife upon it, mc- 
 thinks may eafily be refolv'd. And firff, as to the Re- 
 venues which are founded upon Wills, or feme other 
 original Right or Inftitution, and dedicated to fome 
 pious Ufe, for any Man to convert them to his own, 
 or to any other fecular Ufe, is, in my Opinion, an 
 Abufe •, which may plainly be call'd an Invafion of 
 another Man's Property. 
 
 And if a Ben^ficiiry fliould fiil in performing any 
 Trufl: in the Manner committed to him, either in 
 mifapplying the Revenues to himfclf or others, I 
 connot comprehend how he would be able, under 
 any Bull of the Popes, or any other Pretence, to ju- 
 ftify himfclf, unlefs he could prove himfelf not to 
 be exactly in the fame Situation with an Executor, 
 who takes to his own Ufe what the Teflator lefc 
 
 {d) Nec putes, faith he, 
 propterea quod Papa habet ple- 
 nitudinem poteftatis ecclefiafli- 
 cae, ob hoc pofiit de bonis Ec- 
 clefise difponere ; quoniam ple- 
 nitude poteftatis Ecclefiafticae 
 intelligitur in fpiritualibus tan- 
 
 tum Unde ita tenentur ad 
 
 reftitutionem, qui a Papa bona 
 Ecclefue pro libito Paps habue- 
 runt, ut ditentur, exaltentur, 
 & magnificentur. (This gives 
 a deep Wound to the Nepotifm, 
 and condemus the Doftrine of 
 the Canonifts, who held, that 
 ♦he Pope can give Benefices 
 
 ad Ntitum, and that in this 
 Cafe his Will Hands in place of 
 Reafon.) He midudes, omnis 
 namque donatio ecclefiaftics rei 
 pietate, vel necefTitate, vacua' 
 non diftributio, fed diflipatio 
 eft. Comment, zda. ida. ad 
 artic. 8. qu^Jl . 43. 12. q, 2. 
 Archid. pojl Hugonem in Ca- 
 non liceat Papa-, faith, that 
 Papa peccat mortaliter, ft vult 
 res ecclefiafticas confumere in 
 turpes ufus, vel dare confangui- 
 neis, ut eos divites pra: aliis fa- 
 ciat, vel ut ipfi conftruant pa- 
 latia. 
 
 R3 to 
 
246 0/" Ecclesiastical 
 
 to others : And this is a Truth, which feems ro 
 carry fuch a Self-Conviflion along with it, as I per- 
 fud.de my felf no Man can doubt, who is not wil- 
 ling to cheat himfelf. 
 
 On the other fide, common Juftice requireth, 
 that he whofe Work it is, fhould pay the Workmen 
 their Wages ; and it cannot be denied, but that the 
 Chorifters, the Organift, and other Officers of the 
 Churches, are Judges of the Prices of their own 
 Service. 
 
 Neither is there any thing unreafonable in faying. 
 That the Priefts, and the other Clergy ought to be 
 paid their Salaries for the Services they perform in 
 the Church -, and that they have the only Right 
 to fuch Revenues. And when a Bc?nefice is inili- 
 tuted upon Conditions, which fubj"(5t to fuch and 
 fuch particular Services, fuch as are many Canon- 
 ries. Prebendaries, Theologales, Manfionaries (^), 
 and other Benefices of that kind, there is no Ab- 
 furdity in fr.ying, that thefe are tht Confidcrations 
 for fuch Services. 
 
 The Inftitution of Benefices is U axicient, that 
 the Memory of their Original is loft, as wfU as 
 whether they were held at firft by thf Tenures of 
 any Services to the Church. But this a Man of 
 fcrupulous Confcience can no longer doubt, when 
 he com.parcs the Revenues with the Service he ren- 
 dereth to the Church ; in putting one of thefe in 
 the Scales againft the other, he will eafily be con- 
 vinced that the Benefice is the Salary for his Ser- 
 vice. 
 
 (e) Manfionarius, /ai(h Onu- 
 phrius //z ^2s Explanation of Ec- 
 clfiajiical Names, di^us eft 
 Cuftos, tc Confervator sedium 
 ecclefiafticarum. templorum, & 
 altarium. Item familiaris, & 
 
 domefticus a manfione- Hodie 
 in jmultis Ecclefiis extant, cu- 
 ramquepfalmodi£e& altarium ha- 
 bent. Thus the Sacriftary comes 
 nearejl to the Manfionary. 
 
 But 
 
Benefices and Revenues. 247 
 
 But where the Revenues much exceed the Portion 
 that is neceflary for the Incumbent, who can be fo 
 weak to believe, that Revenues of that fize were 
 ever intended to be left him to difpofe as he pleafed, 
 and noc to know, that there is a Duty or Charge 
 annex*d to the Benefice in its very Inftitution, con- 
 fidering the little Probability that fo large Revenues 
 Ihould be defign'd for one Man ? (/) 
 
 Thefe controverted Points among the Cafuifts, 
 fo full of Difficulties when they are propofed in 
 generals, are eafy to refolve when they come to 
 particular Cafes : And, Confcience rightly conful- 
 ted, and in Perfons who have not ftifled it with a 
 wilful Ignorance (5), will eafily clear thefe 
 Doubts ig). For GOD leaves not the Mind of 
 thofe to wander under any Uncertainties of Impor- 
 tance, who tread in the Paths defcrib'd in his Com- 
 mandments i^h). 
 
 {/) Iniqua, faith Cajetan, 
 cffet lex decimarum in novo 
 Teftamento, fi ultra honorabile 
 ilipendium miniftrorum Dei, 
 tanta rerum affluentia uni depu- 
 taretur, cum damno totius populi, 
 nifi ut patri pauperum. Comment. 
 
 zda. zd,^. art'ic. 7. queefl. i 85. in 
 refp. adqu^efl. 2. 
 
 (5) Veritatem Dei in injuflitia 
 detinent, Rom. i . 
 
 {g\ Intelleftus bonus omnibus 
 facientibus eum, PJal. no. 
 
 {h) Deus enim illis manifefla- 
 vit, Rem. I . 
 
 R 4 
 
 CHAP. 
 
248 Of Ecclesiastical 
 CHAP. LIII. 
 
 As for any new Acqu'fitions, every thinking 
 Man, I believe, is fenfible that they draw 
 towards an End •, or at lead, that they are like 
 to encreafe but by very flow degrees. The Clergy, 
 the Monks, and Military Orders have loft their 
 Friends. The Mendicants, who have reap'd fo 
 little advantage hitherto from the Permiflion gran- 
 ted to them by the Council of lirent to acquire 
 Eftates, have no Profpedl of much more from it for 
 the future : In places indeed where they have already 
 acquired any thing, and have not loft their Intereft, 
 they have moft reafon to hope for more Advantages, 
 tho' with no Probability of happening in any confide- 
 rable Degree. 
 
 The others, who would not be comprehended ia 
 this Privilege, I mean the Capuchines, preferve 
 t'leir Reputation becaufe of their Poverty : And if 
 they ftiould fuffer the leaft Charge in their Inftitu- 
 tion, they would acquire no immoveable Eftates 
 by it, but would loie the Alms they now re- 
 ceive. 
 
 It feems therefore as if here an abfolute Period 
 were put to all future Acquifitions and Improve- 
 ments, and that no more Advances could be made 
 in this gainful Trade : For whoever would go a- 
 bout to inftitute a new Order, with a Power of ac- 
 quiring Eftates, this Order would certainly find no 
 credit in the World : And if a ProfefTion of Po= 
 verty were Part of the Inftitution, while that lafted, 
 there could be no acquiring, nor Credit if they 
 broke it. 
 
 Yet 
 
Benefices and Revenues. 2 49 
 
 Yet our Age can boaft of a Produftion truly fin- 
 gular and original, and inferior to nothing of this 
 kind, which hath appear'd in any Age. This is 
 the Inflitution of the Jefuits, who by a Mixture of 
 Poverty and Abundance, conciliate to themfelves the 
 Efteem and Affe6tion of the World ; rejeding with 
 one hand, what they receive and poflefs^ as a Com,- 
 pany and Society, with the other. For tho' their 
 profefs'd Houfes fi) are not capable, by their In- 
 ftitution, of poirefTing immoveable Eftares, yet 
 their Colleges are capable of acquiring and polTef- 
 fing (2). 
 
 They fay, and certainly with reafon, that no 
 Government fimple and unmix'd is perfed, but that 
 Mixtures are found to have their Conveniences, on 
 all Occafions : That the State of Evangelick Po- 
 verty embraced by the Mendicants hath this De- 
 fect, that it is only adapted to fuch as are already 
 well advanced in the Way to Godlincfs, whole 
 Number therefore cannot be very great. But for 
 their parts, their Defigns in receiving Youth into 
 their Colleges is, to inftru(5l, and by an Acquifi- 
 tion of all Virtues, to fit it for a Life of Evange- 
 lick Poverty ; fo that Poverty is indeed their De- 
 fign and effential End, but they grow rich by Ac- 
 cident. 
 
 But the Fa6i:s we fee, are yet a flronger Degree of 
 Evidence, than the Words we hear. They write 
 themfelves, that they have at prefent 2 1 profefs'd 
 Houfes, and 293 Colleges : From this Difpropor- 
 tion every Man may conclude which is the efiential 
 Part of their Inflitution, and which their acciden- 
 tal. Upon the whole, it is not to be denied, that 
 
 (i) In which the Society ef- I (2) As being founded to the 
 fentially confifts, as the General 1 end to entertain great Num- 
 Lainez faid to the Council. » bers of Student?. 
 
 they 
 
250 0/* E C CL E SI A ST I C A L 
 
 they have acquir*d vaft Riches, and that they are In the 
 high Road to encreafe them (3). 
 
 As all the Temporalities which the Church en- 
 joy eth arofe from Alms and Oblations, fo in the 
 Old Teftament the Fabrick of the Sanctuary was 
 fupported the fame way {a). But when the In- 
 fpedors of this Work faw the People continue their 
 Oblations, tho' all was given already that was 
 needful, they faid to Mofes^ 'Ihe People give more 
 than IS needful i and Mofes ftraight publifh'd an Or- 
 der, That no more fhould be offer'd for the ufe of 
 the Sanctuary, becaufe more than fufficient had been 
 offer'd already {h). By which it is manifeft, That 
 GOD would have nothing fuperfluous and fuper- 
 abounding in his Temple. And if it were his decla- 
 red Pjeafure in the Old Teftamenr, which regarded 
 only the Things of this World, that all the Goods of 
 the Church fihould not go to her Minifters, it is lefs de- 
 clared in the New. 
 
 {3) We may obferve here, 
 that Fra. Paolo had a true Ha- 
 tred for the Jefuits, as a good 
 Venetian and Republican ; for 
 their Inftitution, which is wholly 
 Monarchical, feems incompa- 
 tible with the Maxims of the 
 Venetian Ariftocracy. And it 
 was one of the ftrongeft Realons 
 wliich the Doge Leonard Donate 
 urged to the Cardinal de yoyeufe, 
 who follicited their Ke-cfta- 
 blilhment with great Warmth, 
 [an. 1607.) 
 
 To which add, that this So 
 ciety hath more Wit and Pene- 
 tration than a Government de- 
 fireth, that is fo apt to take 
 Umbrage, and where for Rea- 
 fons of State, the Priefts, Monks, 
 
 and the People are overrun with 
 Libertinage and Ignorance. 
 
 {a) Obtulerunt mente promp- 
 tiffima atque devota primitias 
 Domino ad faciendum opus ta- 
 bernaculi teftimonii ; quicquid 
 ad cultum neceffarium erat, viri 
 cum muliebribus prsebuerunt. 
 Exod. 35. 
 
 {b) Quotidie mane vota po- 
 pulus ofFerebat : unde Artifices, 
 venire compulfi dixerunt Moyfi, 
 plus oiFert populus quam necef- 
 farium eft : Juffit ergo Moyfes 
 praeconis voce cantari : Nee vir 
 nee mulier quicquam ofFerat 
 ultra in opere fanftuarii — 
 eo quod oblata fufficercnt, & fu- 
 perabundarent. Exod. 36. 
 
 But 
 
Benefices z?;?^ Revenues. 251 
 
 Biic where will their Acquifitions end? or what 
 Bounds will be fetto them ? Who among them will 
 fay, The People have given enough ? The Minifters of 
 the Temple, who made up the 13th Part of the Peo- 
 ple, were not capable of receiving or enjoying any more 
 than the Tenths {c) : Ours, who are fcarce the hundredth 
 Part of the People, polTefs at this time perhaps more 
 than the Fourth. 
 
 Is it impofTible there could be any Inconvenience 
 in Churchmen's acquiring ad infinitum^ and if all r!^e 
 reft of the World were reduced to hold every 
 thing by Farm ? Among Chriftians, human Laws 
 have no where fet bounds to any Man's Efrate, be- 
 caufe he who encreafeth it to-day, may alienate to- 
 morrow. But there is in this Cafe a Circumffance 
 perhaps without Example, That an Order of Men 
 perpetual, and which never dies, fhould be always 
 capable of acquiring, and never of alienating (4). In 
 the Old Teftament the Tenths were given to the 
 LevUes, becaufe it was the L O R D' s part {d)y 
 
 {c) Nil aliud poffidebant, de- 
 cimaram oblatione content! 
 Num. 18. Obiationes Ifrael 
 comedent, & nil aliud accipi n- 
 de pofTeffione fratrum luorum, 
 Deut. 18. 
 
 (4) The Clergy being a Body 
 which never dies, which daily 
 receiveth Increaic by new Do 
 nations, and can part with n; 
 thing again, a Writer of good 
 Repute illuftrates the Matt r 
 with faying, That as the Thigh 
 and Arms grow lean when tlie 
 Belly grows too big, fo fares it 
 with a Republick, whofe No- 
 
 bility and People,being the Legs 
 and Arms, grow lean, and 
 pine in proportion as the Clergy 
 er.i-reafe. Refciiions fur Ic Traiie 
 dr la Politique de France. 
 
 [d) Accipies, faith God to 
 Aaron, de his quae fanftifican- 
 
 ta. & oblata funt Domino 
 
 mnis oblatio, & quicquid red- 
 .litur mihi. & cedit in fan(fta 
 andlorum, tuum erit, & filiorum 
 uorum. jind fome Lines after, 
 Omnes primitias fanftuarii, quas 
 offcrunt filii Ifrael Domino, tibi 
 dedi & filiis tuis jure perpctuo. 
 'Num. 18. 
 
 and 
 
252 0/" E C C L E S I A S T I C A L 
 
 and therefore they were forbid to take any more (e) i 
 A Rule which they, who enjoy the Privileges of 
 the Levites^ ought to obferve, in taking upon them 
 all the Conditions requir'd of them, and not only 
 fuch as turn to their particular Advantage (5). 
 
 {e) In terra corum nihil pof- 
 fidebitis, nee habebitis partem 
 inter eos. j4nd God gives the 
 Reafon to Aaron ; Ego pars, & 
 hsreditas tua. Becaufe, faith 
 he, I am my felf thy Fart and 
 thy Inheritance. Ibid. 
 
 Non habebunt Levitae par- 
 tem & haereditatem cum reli- 
 
 quo liVael. Dominus enim 
 
 jpfe eft hjereditas eorum, Deut. 
 18. 
 
 (5) The Senfe of the Author 
 is, that if the Ecclefialticks will 
 urge the Example of the Le- 
 <vites, who receiv'd the Tenths 
 of the People of Jfrael, they 
 ought like them alfo to renounce 
 every thing elfe, and confe- 
 quently all fort of Acquifitions ; 
 It not being reafonable to enjoy 
 a Privilege without obferving 
 the Conditions impofed by him 
 who granted it. 
 
 CHAP. LIV. 
 
 HAving given a large Account how the Church 
 hath acquired her Poflefllons, and how they 
 have been employ'd ; it remains that we examine 
 what became of the Fruits and Revenues which 
 happen'd to be remaining and undifposM at the 
 Deaths of the Beneficiaries ; how they were dif- 
 pos'd, and whether the dying Perfon might dif- 
 pofe by Will ; or if inteftate, to whom thefe Pro- 
 fits accrued. 
 
 While the Goods of the Church were in com- 
 mon, and under one general Adminiftration, it is 
 certain that all that was found in the hands of the 
 Minifter, remain'd incorporated in the common 
 Stock, and was managM in the fame Method by 
 his SucceiTor, 
 
 But 
 
Benefices ^;/«3^ Re VENUES. 253 
 
 But when the Benefices were inftituted, it was or- 
 der'd at the fame time by the Canons, That what- 
 ever Eftate the Beneficiary fhould leave at his Death, 
 ihould go to the Church : By the Church, if it were 
 Collegiate, and had a common Table, was under- 
 ftood the whole Body of the Clergy : But if the 
 Beneficiary had no Collegues or Brother-Profeflbrs, 
 then by the Name of the Church the Succeflbr was 
 intended, who was oblig'd to adminiiler thefe re- 
 maining Fruits in the fame Methods as his Prede- 
 celTor had been : And this Ufage continued until the 
 Year 1300. 
 
 But as it often happen'd, that Beneficiaries had 
 other Eftates, to which they were either born, or 
 which they had required by their own Induflry ; ic 
 was faid, that they might difpofe of thefe as ab- 
 folute Proprietors by Will ; but not of the Profits 
 of the Benefice, in cafe of Death (a). Whence ic 
 came, that the Clergy who had fmall Benefices, 
 and where the Revenue exceeded not the necefiary 
 Expence, difpofed by Will all their own Eftate, and 
 alfo what they had faved by their own Parcimony 
 out of their Benefices, reckoning this as an acqui- 
 red Eftate. And there is a Cuftom, which is the 
 Confeqnence of this, obferv'd fince in many Chri- 
 ttian Kingdoms, that the fmall Beneficiaries have a 
 Power of difpofing by Will, even the Fruits of 
 their Benefices ; and that where there was no Will, 
 the next Friends inherit to the Profits, as in the 
 
 (a) Epifcopi (Jc rebu5 pro- 
 priis vel acquifitis, vel quicquid 
 de proprio habent, hisredibus 
 fuis, fi voluerint, derelinquant ; 
 quicquid vcro de provihone lua; 
 ecclelia; fuerit, live de agris, 
 five de frudibus, iive de obla- 
 
 tionibus omnia in jure Ecclefuc 
 refervare cenfuimus. Can. 19. 
 12.5?. I . a?!. 572. 'vide Can. 20. 
 Caufa iJif q. cit.k^ cap. \. extra 
 de 'Tejlam. Balzanton. {ff Zona- 
 ram ad Caiz. 22. Cone, Chalce- 
 don. 
 
 Cafe 
 
254 0/^ EcCLEStAST ICAt. 
 
 Cafe of an Inteftate, and as if it were their own 
 Patrimony. 
 
 But whatever the Billiops left at their Deaths, 
 belong'd to the Church (i) by the ancient Canons. 
 Yet after this, in fome Countries the Bifhops ob- 
 tain'd a Right of palling by Will the Eccleiiafticai 
 Fruits: Infomuch that about the Year 1300, there 
 were three different Cuftoms in force in different 
 Countries. The firfi, where no Clergyman could 
 difpofe of the Fruits rem.aining of his Benefice : 
 The fecond^ where thefe Fruits were under the fame 
 Laws and Dire6lion as their own Patrimonies : 
 The third, where the inferiour Clergy could difpofe, 
 but not the Bifliops ; to which laft whatever was due 
 went to the Church. 
 
 In fucceeding Times, when the Occafions for 
 Money grew more frequent and urgent, the Popes 
 fent their Officers into all thofe Kingdoms where 
 the Church had a Cuftom of inheriting to the Goods of 
 deceas'd Beneficiaries, to apply them all to the Apo- 
 ftolick Chamber, before a Succeffor was appointed ; 
 which was eafily put in execution, no Man being con- 
 cern'd in Intereft to oppofe it, during a Vacancy, and 
 the Succeffor fatisfying himfelf, as with a thing done 
 before his Time. 
 
 (i) Or rather to the Succef- 
 for : For the Can. 22. of the 
 Council of CJmlccdon, forbids 
 the Clergy to take poffeffion of 
 the Goods of the deceas'd Bi- 
 ihop. By the Can. tion llceat 
 12. q. 2. The Metropolitan 
 himfelf cannot difpofe of any. 
 
 Non liceat alicui Metropo- 
 litano mortuo Epifcopo, qui 
 Cuh eo ell, aut res ejus, aut Ec- 
 
 clefiae fuae ferre ; fed fint fub 
 cuftodia Cleri Ecclefias defunfti 
 Epifcopi, ufque dum alius ordi- 
 netur Epifcopus. Si vero Cle- 
 rici in Ecciefia non fuerint, tunc 
 Metropolitanus illibata omnia 
 Epifcopo, qui ibi ordinabitur, 
 reddat. ^ee Balzamon and 
 Zonarus vpfin thefe tv:o Ca7ions, 
 and Can. 48. Cauf. i 2. q. z. 
 
 They 
 
Benefices and Revenues. 255 
 
 They then began to appoint fuch Minifters 
 throughout all Places where they had Authority, 
 who were call'd Colieftors ; and the Eftates which 
 the Beneficiaries died poffefs'd of, had the Name 
 of Spolia given them. 
 
 Tho* thefe Seizures were made with as little 
 Noife as was pofTible, yet there being no Law or 
 Ordinance to juftify them, they could never be put 
 in execution without ibme Murmurs of the Heirs 
 of the Deceas'd, as well as of others ; for which 
 the rigorous Exadions of the Colledors and Sub- 
 colledlors gave occafion -, who, under the Title of 
 Spolia^ laid their hands on the very Ornaments of 
 the Church, and fet up the moft vexatious Inquifi- 
 tions into Titles, declaring which Eftate was acqui- 
 red by the Induftry of the Deceased, and which was 
 Patrimonial •, ftraining every Point, and improving 
 every Doubt, that might tend to prove, that every 
 thing they found was the Fruits of Benefices. And 
 when at any time any Queftion remain'd concerning 
 the Nature and Quality ot thefe Goods, the Apoftolick 
 Chamber, to which it was referr'd, flood ready with 
 Cenfures and Excommunications to difcharge upon 
 thofe who made refiftance. 
 
 In France the Cuftom hath obtain'd, that the 
 Spolia of the Bifhops and Abbots fhould go to the 
 Popes : But in the Year 1385, Charles VI. made an 
 Ordinance, that their Heirs fhould fucceed to the 
 Spolia, as well as to the Patrimonial Eftates (2). 
 
 Yet 
 
 (2) This Ordinance is to be 
 feen at length, part 3. Stil. 
 
 Extortions and Vexations men- 
 tioned by Father Paul. 
 
 Parlam. tit. 27. But becaufe of Quod importabile & irratio- 
 its great Length, it will be fuf- nabile exiftit, licet de jure, ufu 
 ficient to extraft only fo much & confuetudine, & communi 
 as relates to the iniupportable I obfervantia notorie obfervatis, 
 
 Epifcopis 
 
256 0/" Ecclesiastic AL 
 
 Yet in feveral Countries the Right or Pretenfions 
 to the Spolia continued to our Times ; wherein the 
 Complaints againft the Exaftions of the Colledlors 
 grew fo loud, that fome had the Courage to oppofe 
 them openly, and to deny that the Spolia of the 
 deceas'd Beneficiaries belong'd to the Apoftolick 
 Chamber. 
 
 This produced a Bull of Pope Paul III. in the 
 Year 1541, which fets forth, "That fome Perfons 
 *' too bufy and inquifitive (3), in order to invade 
 "and ufurp the Rights of the Apoftolick Cham- 
 " ber, had rais'd a Doubt, Whether the Goods of 
 " Prelates and other Ecclefiafticks, which are 
 " caird Spolia, belong*d to this Chamber, becaufe 
 "• there was no Apoftolick Conftitution for that 
 *'purpofe', tho' it is evident from the Inftances of 
 *' Coileftors fent by his Predeceffors into fo many 
 " feveral Parts, to exad and recover them, that it 
 
 Epifcopls regni noflri teftari li- 
 ce.it, & ill luis teltamentis exe- 
 cutores ordinare : Qui pricdidi 
 Executores, aut faltem ipforum 
 Epiicoporum hseredes ad facien- 
 dum reparauones jedificiorum 
 Epiicopalium, dam cafus cve- 
 niunt, per Judices, & officia- 
 rios noilros compelluntur, Sc 
 compelli confueverunt. Et cum 
 ita ftat, jedificia & pofTcffiones 
 diftoi'um cedificiorum Epifco- 
 palium in Hatu non defbrmi 
 pcrmanebunt omni ruina caren- 
 tes. At nunc, cum Epifcopum 
 in regno nolho ab hac luce mi- 
 grare contingit, Colleftores aut 
 Sub-colleftores fummi Ponti- 
 ficis autoritate, bona mobilia, 
 immobilia, ex decefTu talium 
 Epifcopoxum reli<ila, etiam lUa, 
 
 quas per fuam induftrlam quas- 
 fiverunt, quae amplius ipforum 
 Epifcoporum, neque cenfentur, 
 fed ad fuos haredes, aut eorum 
 Executores fpedlant, capiunt 
 '■ Notum igitur faci- 
 mus, fe'r. 
 
 (3) Is not this a very juftifi- 
 able Curiofity, when it relates 
 to fuch exceffive Claims and 
 Pretenfions ? 
 
 The Court of Rome hath ex- 
 afled fo much, that at lall the 
 World hath been provok'd to 
 ask by what Right : And the 
 Attempts of the Popes have 
 often obliged the Princes to em- 
 ploy their Arms, and the Lear- 
 ned their Pens, to juftify thofe 
 ."^rms. 
 
 ." hath 
 
Benefices ^;?^ Re venues. 257 
 
 *' hath always been the Intention of the Popes to 
 " referve and appropriate them to the Chamber. 
 *' And therefore he willed and declared. That the 
 " Spolia of the Clergymen deceased, or which Ihould 
 " die hereafter, in all Kingdoms and Eftates what- 
 *' foever, on this fide, or beyond the Mountains or 
 " Seas, even in Parts where no Colleftors had ever 
 " yet been appointed, fhould belong to the Apofto- 
 " lick Chamber (4). 
 
 (4) Cum a nonnullis nirnium 
 curioiis, qui jura Camerse Apo- 
 ftoHcse ulurpare, ac Cameram 
 pra^fatam iliis defraudare vel- 
 lent, in dubium redigatur, an 
 res Sc bona, fpolia nuncupate, 
 praelatorum, ccteravumque per- 
 fonarum Ecclellailicarum, le- 
 cularium & regularium, tem- 
 pore obitus ipiorum remanen- 
 tia, ex CO, quod Rom. Pontilici 
 Sc Camera; pra^fatae refervata 
 lore, aliqua generali apoilolica 
 coniHtutione torlan non cavea- 
 tur, ad Cameram pricdiftam 
 jure legitimo fpettare, & perti- 
 nere debeant. 
 
 Nos, etfi fatis evidenter con- 
 ftec & appareat, prcedecefTorum 
 noflrcrum Rom. Pontilicum, & 
 noitram indubiam intentionem, 
 &c voluntatem fcmpcr tuifle, ut 
 fpolia hujulmodi ad diftam 
 Cameram fpedlarent & pertine- 
 rent, & quod pro eadem Ca- 
 mera exigerentur, &: rccupera- 
 rentur, cum pntdeceffores prs- 
 fati diverfos diclorum fpolio- 
 rum, ut ad Cameram fpeflan- 
 tium, & pertinentium, collec- 
 tores & exaftores in variis 
 provinciis & locis dcputavcrint 
 
 &: conftituerint, & nos deputa- 
 verimus, conftituerimus : Ac 
 Temper de illis difti praidecef- 
 iores perplcra(que literas, tan- 
 quam de rebus ad Cameram 
 pertinentibus donando vel tranf- 
 cendo, diipofuerint, & nos dif- 
 
 pofuerimus — dubium hu- 
 
 jurmodienuclcare, ac in prremif- 
 fis opportune provideri volente 
 motu proprio, & ex certa no- 
 Itra Icientia, ac de apoflolicae 
 potertatis plenitudine declara- 
 mus res & bona hujufmodi, 
 fpolia nuncupata, in quibufvis 
 regnis ac dominiis, tarn cicra, 
 quam ultra montes & maria 
 confillentia, quae pro tempore 
 poll obitus Praelatorum, Sc per- 
 fonarum quomodolibct qualifi- 
 catarum, etiam Cardinalatus 
 honore fulgentium, qui vel 
 nuUo condito tellamento, vel 
 abfque fufficienti facultate con- 
 dito, deceflerunt, decedent, 
 remanferunt, remanent, Sc re- 
 manebunt, tiJV. fpedtaffe & fpec- 
 tare, illaque tanquam ad Came- 
 ram ipfam fpertantia perpetuo 
 colligi & recuperari potuilfe & 
 pofle, atque debcrc. 7 Dccrtt. 
 lib. 3. tit. 3. cap. I, 
 
 Thus 
 
258 (^Ecclesiastical 
 
 Thus the Over-zeal of fome Perfons, in attempt- 
 ing to fet a few Provinces at liberty from fuch a 
 Grievance, hath brought the Impofition to be chal- 
 lenged over the whole Univerfe •, tho* it has not 
 hitherto been drawn into Pradice any further than 
 in Places where it had been already admitted. But 
 this hath been all along the conftant Courfe of this 
 Affair j the Popes have iffued their Bulls, bu( the 
 Noife they make in the World, and the Alarm Men 
 take at the Novelty, make the Execution be fuf- 
 pended for fome time, and until a more favourable 
 Opportunity : When that happens, they fall to 
 execute the Bulls with the fame Rigour, Exaftnefs 
 of Cenfures, and other Severities, as if the Bulls 
 had taken effefl at the Time of their Publication, 
 and had only been difcontinued through the Ma- 
 lignity of fome ill-affeded Perfons. 
 
 Until the Year 1560, the Spolia comprehended 
 only what remain'd of the Eccltfiaftical Revenues 
 at the Death of the Clerk or Incumbent. This 
 Year Pope Pius IV. publifh'd a Bull, in which he 
 declared, " That under the Name of Sjolia, which,. 
 *' in all the Countries and Dominions, through- 
 *' out the World, belong to the Apoftolick Cham- 
 *' ber, were the comprehended all wharfoever any 
 ** Clerk or Ecclefialtick had acquir'd, or fhould 
 *» acquire, by any Ways, or Dealing, or Commerce 
 *' unlawful, or in any other Manner contrary to 
 ♦' tlie Canons (5)" : Which is very comprehenfive, 
 fince they underiland all fort pf merchandife i;o 
 be unlawful. 
 
 Again 
 
 (5) Cum a nonnullis vertatur . done illicita, aut alias contra 
 
 in dubium, an res, & bona per 
 Clericos, etiam in facris crdi- 
 
 cibus conilitutas, ex negotia- J prsfatam jure legitime fpedarc 
 
 facros Canones acquifita, uti 
 fpolii!, \eJ alia ad Cameram 
 
Benefices ^W Re VEN UES. 259 
 
 AgaiQ, by the Canons the Clergy are prohibited 
 many Sorts of Plays, and little Trades and Ways 
 of Livelihood and Induftry ; by which they make 
 great advantages, and from whence the Chamber 
 will draw great Revenues, if the Bulls concerning 
 the Spolia fhould ever gain Admittance in one half 
 of Italy, where they have never yet been put in 
 execution, or in Germany, France, and other King- 
 doms and States, where they have never yet been 
 admitted. Befides that in the Kingdoms of Caftlle, 
 by a Law of the Emperor Charles V. and Philip II. 
 all the Clergy of thole Kingdoms were exempted 
 from this Impofition. 
 
 The Canonifts found the Right to the Spol'ia 
 chiefly upon this AfTertion, That the Pope is the 
 real Proprietor of all Ecclefiaftical Revenues ; but 
 thofe who fpeak with moft Modefty fay, he is 
 only Adminiftrator of them. 
 
 By which Doflrine the Parties concern'd have 
 Aid into a Practice of much Convenience ; which is. 
 That if any Man have wrongfully pofT^fs'd him- 
 felf of any Benefice, or committed any other Rob- 
 
 & pertinere debeant. Nos om- 
 nem deiuper haefitatianis mate- 
 riam fubmovere, & malitiis co- 
 rum, qui jura dida: Camerae 
 vifurpaie fatagunt, obviate, 
 aliaique in prxmiflls opportune 
 providere volentes, motu pro- 
 prio, & ex certa nollra fcien- 
 tia, ac de apoftolicae poteftatis 
 plenitudine, decernimus & de- 
 claramus, omnia & fingula, res 
 & bona, cujufcunque qualitatis 
 & quantitatis exilicntia, ac in 
 quibufvis regionibus, & regnis, 
 ac dominiis, tarn citra quam ul- 
 tra montes & maria coniillen- 
 
 tia, per q'jcfvis Clericos tarn 
 Seculares, qi2:m Regulares, fa'r. 
 ex negotiadone illicita, aut 
 alias, contra facros canones quo- 
 modolibet acquifita, ad eam- 
 dem Cameram & non alios, 
 etiam in quibufvis Cathedrali- 
 bus etiam Metropoli^anis, &; 
 Collegiatii, ac aluo Ecclefiis, 
 Monarteriis, Hoipicalibus, Mi- 
 litiis &c. fuccefTores fpeftare, 
 ac fub nomine fpoliorum venire, 
 illaque uti fpo'.ia, ad Cameram 
 percinentia, perpetuo colligi po- 
 tuiiie, poffe, ac debcre. Noif. 
 1560. Ibid. cap. uUim. 
 
 bery 
 
2 6o Of Ecclesiastical, &c. 
 
 bery on the Church, he came to an Agreement with 
 the Apoftolick Chamber to give fuch a Part, by 
 which he not only fecur'd the refl:, but a fafe Con- 
 fcience to himfelf in the Enjoyment of it. Upon 
 punflual Performance of which Agreement, it is 
 univerfdly afhrm'd, he hath a general Releafe and 
 Abfolution for all the reft, and may lawfully re- 
 tain and enjoy it as his own j feeing the Pope is 
 either abfolute Proprietor, or univerfal Adminiftra- 
 tor. And this is call'd. Compounding with the 
 Apoftolick Chamber, whofe Power is thus happily 
 enlarg*d, that thofe whofe Confciences are either 
 felf-convi<5ted, or have any Qiialm about them of 
 enjoying any thing that is not their own, but know 
 not where to make Reftirution, may have recourfe 
 to this Compofition, in relief of all their Scruples. 
 
 F I fl IS. 
 
*^^, 
 
 ■^kf^ 
 
 . 3 
 
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