^^'9^*^}iA 
 
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 Stom t^e feifirari? of 
 
 (profeBBor ^amuef (gtiffer 
 
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 3ubge ^antuef (gXiffer QSrecfeinribge 
 
 (Jjresenteb 6l? 
 
 ^amuef (ttliffer QSrecfttnribge feong 
 
 to t^e feifimr^ of 
 
 (prtncefon C^eofogtcaf ^eminarj 
 
^4^ J^a^^C^^^^^ , 
 
 TREATISE 
 
 Beneficiary Matters: 
 
 HISTORY 
 
 Of Ecclesiastical 
 
 Benefices and Revenues, 
 
 In which are fet forth their Rife and Progrefs, 
 and the Various Means by which they have 
 accrued to the C h u r c h. 
 
 — ,V <£> 
 
 By Father P a u'l^J^/ ^hc Order of the 
 Servites, and Confultcr of State to the 
 Re^ublkk of Venice. 
 
 Tranflated from the moft CorreO: Copy in 
 Italian extant^ printed at Miranddaj 1676. 
 
 To which are added Notes and Ohfervations ; moll 
 of which were collected by M. Amelot de 
 LA H o u s s A ! E ^ which ferve as authentick Con- 
 futations of the Calumnies Ipread againil the 
 Author. 
 
 Vv^ E S T M I N S T E R: 
 
 Priritecl bv J. C/aer and J. Ca??rpl^ell-j for L. Stokoe, at 
 the Bible and Key^ near Ovtntiy^Ourt, in the liaf^Marlet : 
 And fold bv the Bookiellers oi^Lofidcn 2npiV/^fi,vurJhr. 1727. 
 
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IN tfife Preface of the i>e»c^ Traonator Page t. litter t?. for 
 kvihread Events, p. 28, 1. 5. dele ignorant, p. 64. 1. ult. after 
 nor add were. p. 6«5. 1. 3. before finding add thife,. p. 68. 1. 2, dele 
 by, p. 10 1. 1.9. for Regale r. Regalia, p. 130. 1. lO.for 0/ rw'». 
 p. 133. intheNoteSj col, 2.1. 2. for facer ^ctio r,facerdotia* p. 137. 
 in the Notes, col. i. 1. 9. fornegent uneget. ibid. col. 2, 1. 23. 
 for were r.was, p. 148. in the Notes, col. 1. 1. 14. for mergeretur 
 r. mergerentur. p. 158. 1. 4. for Gre^^cry VI. x, Gregory VII. p. 163. 
 1. 16. at Taxes add the Reference (10). ibid 1. 22. after ;y add in 
 //6/V rtf/e. p. i75»intheNotes5 col.. 2. 1.13. tor OJjiciates r,Offi' 
 dales, p. 180. in the Notes, col. i. 1. 10. after State add are ta 
 Se corre^ed. p. 201. in the Notes, col. i. 1. 5. after /?/i7^ew add 
 quacunq\generatzone, p. 207. in the Notes, col. 2. 1. penult, for 
 exewptis r. exewis, p.2 14. in ttie Notes, col. 1. 1. 18. dele he^ade. 
 p. 220. 1. 19. dele laudable, ibid. 1, 26. i'orjlje r. it. p. 227, in the 
 Notes, col. 1, 1. 3 1, for veneantur r.^ereantur, ibid, col, 2. 1. 12. 
 iornctiam r.nctitiaw. p. 230. 1. 27. for net r.nc, ibid. 1 28. for 
 the r. this, p. 235. in the Notes, col. i. 1. 7. after ^/ add a. 
 p. 239, 1. 9. for uniti^.mti. 
 
 ■^0 
 
XVll 
 
 
 
 
 
 
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 The Frevch Tranflator's 
 
 DEDICATION 
 
 TO 
 
 Mr. ie T E L L I E R, 
 
 Chancelor o^ France. 
 
 My Lord, 
 
 M O N G all the Books 
 which have been dedica- 
 ted to yoU;, I know none 
 which can difpute the 
 Merit with this Treatife of Benefi- 
 ciary Matters. All the Learned;, vAio 
 
 a have 
 
xviii The French Dedication, 
 
 have read it in the original Italian^ 
 agree, That it is in nothing infe-- 
 rior to the celebrated Hiftory of the 
 Council of Trent y but in the Size : 
 And there are even many of the moft 
 approved Judges^ v^ho make no Scruple 
 to give even the Preference to this. 
 
 This has made me prefume it a 
 I^refent worthy of 3^ou^ as the Perfon^^ 
 of all others;, the moft capable of judg- 
 ing of its true Merit : And my Friends 
 have defir'd I w^ould not let it go into 
 the World w^ithout feeking fuch a Pro- 
 tection as would both be the greateft 
 Honour, that could be procured, to 
 the Memory of Tad.Taoloy and one 
 of the moft effeftual Means to remove 
 the Prejudices againft him- 
 
 But 
 
The French Dedication, xix 
 
 Bu T as the greateft Number of Cri- 
 ticks are not exempt from the Exercife 
 of that Talent on themfelves^ and 
 that of the feveral Verfioris which have 
 been made of this Treatife within ie- 
 ven or eight Years-, there has not one 
 yet appeared in Pubhck;> I thought I 
 mighty with Reafon, dechne feeking 
 the Approbation of the College ; of 
 which no Writing has any Need w^hich 
 is fupported by that of all tfj^ Parlia- 
 ments^ and of all the moft reiin'd Wits 
 of the Kingdom. 
 
 There is nothhig hiore to" be de- 
 iir'd, my Lord^, but your Protedlion^ 
 and which if you continue tt) afford^ 
 as you have already been pleas'd to do 
 to the Tranllation of the Council of 
 
 a 2 Trent. 
 
XX The French Dedication. 
 
 Trent J no other Patronage or Support 
 will ever be wanting. 
 
 In publica Commoda pecccm 
 fi longo Sermoce morer tua 
 tempora, ^e. 
 
 Tour L0R7)S HIT'S 
 
 Mofl Humble J and 
 Obedient Servanty 
 Ameiot de la Houssay. 
 
 PRE- 
 
PREFACE 
 
 Of the French Tranflator. 
 
 INCE the Trcatifc of 
 Benefices firfl a^^eard in 
 Italian;, ^written by Pad. 
 Paokj there has been a 
 general E>!£eBation of a 
 Tranflation of it into French ; and I was 
 rather led into the E>:^eclation of its op- 
 Rearing ere long^ from the Report f^read 
 among the Men of Letter s^ That there 
 'were five or fi>< Tranjlations "uohich ^were^ 
 or "would be printed in different Places. 
 This furnlfid^d mcy for fome Time^ with 
 an Aniwcr to the Imj)ortunity of fome 
 Friends^ that I would undertake this 
 JVorky and tndulgd my own Inclination in 
 not interfering ^with other JVriters, 
 
 But at lajl^ through a certain Fatality 
 in writings as in other Evils of Life to 
 "which a Man is fatedj it has come to 
 J^afsj that the fame Reafon which I firfl 
 gave for my Escufe^ has brought me to 
 comply with their ^eftres : So I fiball 
 
 a ^ have 
 
'KXii The French Preface. 
 
 have thofe for Readers^ ^who I hoti^d 
 'wmld have been tVriters themjelveSy and 
 am J ferha^s^ aljo to undergo the Cenfures 
 of thoje^ whofe IVritings 1 doubt not but 
 1 Jhould have had in very jujl Ejieem. For 
 the Excellency and Importance of the Subr 
 jed wtU not Juffer me to doubt ^ that the 
 Tranjlation has been undertaken by Men of 
 very fmtable Abilities j whofe A^poba^ 
 tion Ts of that Authority^ as to have gi^ 
 ven fuch a Refutation to this Undcrtaluno^ 
 ihat my ovun Wijkes cozdd not have fug-- 
 geficd a better Fortune to attend it. 
 
 As to my Author y there is no 7ued of 
 ■frying any thing here^ cither as to his Ter^ 
 fon or his Writings ^ the World is fo ^weU 
 infor77id of them both. I Jhall only fay ^ 
 That having had three Cardinals y of th$ 
 greatcft Characters for Learnings his Ad- 
 verjaries during hu Ltfcy and a fourth 
 after his 'Death j he had the Honour ho'W^ 
 ever to be acknowledged for the bcfl Wri- 
 ter of his Age : And if I mifiakenot^ a% 
 'well as many others^ this Treatife ^wiii 
 not be thought to contradtSl this Opnion^ 
 
 I have divided the whole into 5 z^. Cha^^. 
 ters or ArnideSy for the Eafe of thofe zvbo 
 
 are 
 
The French Vreface. xxiii 
 
 (ire not a^t to overcharge themfclves isuith 
 reading much at a time^ and the better to 
 trace out the Order and Conjequence of the 
 feveral Headsy "which all dejewe to be 
 read "with the flriclejl Attention. 
 
 As for my oison Notes and Obfervati^ 
 onsj I flatter my jelfisutth the favourable 
 Recepion they ^wiU meet zmth from the 
 ^ubhck ; fuch a Rece^tion^ I mean^ as 
 is due to Truth ; feeing they contain a I'^e- 
 rifieation of all the Fa8s "which Pad. 
 Paolo relates J and ^which ferve as authen-^ 
 tick "Proofs of bis Integrity^ and of his 
 having ajjerted nothing for which he has 
 not fujficient J^ouchers. 
 
 W^hen we look into the Hijiories of 
 Matth. Paris^ Platina^ Panvinius^ and 
 Baronius^ and find what is there recorded 
 of Jome To^esy Pad. Paolo^ whom the 
 Cardinal Pallavicino woud maize ^afs for 
 an tmpous Impojlurey and for one njoho 
 makes it bis "Profejfion to vilify all To^eSy 
 "will be allow d to ex^refs himfelf zvith 
 great Modejly of fome of them^ and par ^ 
 iicularly Innocent IV. whom all the Wru 
 ters^ both ancient and modern ^ defribe as 
 (]j roaring Lion^ who fought nothing but 
 
xxiv The French Preface. 
 
 ho'w to devour all the Benefices that came 
 n^ithin hu Reach, 
 
 And when we read that St. Thomas, 
 the Cardinal Cajetan his Commentator^ 
 qsoith many other great divines and La'W" 
 yers^ determine "with Jo much Clearnejs^ 
 that the To^e is not the Tro^rietor of the 
 Goods of the Churchy but only the ^rinci^ 
 ^al ^ijpnfer of them^ Pad. Paolo muft 
 aljo be allow d not to have embraced this 
 Opmon from any Motive of Hatred to 
 the To^>eSy but from a Senfe of its being 
 conjormaUe to the ^oBrine of the Fathers 
 d?id the J acred Canons. 
 
 In fine^ whoever will read what Mat, 
 Paris^ the Monh^ writes of the famous 
 Robert, Bijlwp of Lincoln, and of fe^ 
 veral Archbifoop of York, 'who were 
 cruely treated by the Tops Innocent IV. 
 Wfl? Alexander IV. will (^)fnd very near 
 Refemblance betwixt the Terfecutions 
 raised againft theje t%m Bifhop^ and that 
 by Top Paul V. againfi Pad. Paolo, z<Dh9 
 defended y very near^ the fame Caufe. 
 
 (l) See the Notes on C^ap. 3<. 
 
 Note, 1 hat in the F?ialrjh Tranllation the Method of the 
 Bcfic6 TranOation in the J^ivifion of Cliapters is obfeiyM, there 
 be.ng no other Variation from the Italia?i, 
 
 An 
 
An Advertisement, 
 
 concerning a Book^ intitledy The Hi- 
 ftory of the Original and Progrefs 
 of the Eccleliaftical Revenues;, by 
 ^erom a Cafta. 
 
 AS there is a great Relation let^wist 
 this Book and the Trcatife of Ben- 
 pees "wrote ^jPad^Paola, an able La^wyer 
 <who has com^ar^d one ^ith the other ^ has 
 made a Judgment oj them^ which 1 have 
 thought well dejcYvd a Tlace here for the 
 Infirui^ion of Readers who have not read 
 them both J or who are not abky by any 
 Lights of their own J to determine to whom 
 the Preference is due. 
 
 The Author of the Republick of Let- 
 ters feems to give the Preference to a Gofta, 
 in concludino- in thcfe Terms : It is be- 
 liev d that this Book furpaffeth the ex- 
 cellent Treatile of Tad. Taolo^ concer- 
 ning Beneficiary Matters. Artie 5. of 
 the Month of M^y^ 1684. 
 
 Our Lawyer y on the other fide^ fcts na 
 Value on the Book of a Cofta : The Hi- 
 ftory, faith hc^ of the Original and 
 
 Progrefs 
 
xxvi Adertijement. 
 
 Progrefs of Ecclefiaftical Revenues by 
 ^cram a Cofla^ is no more than a Re- 
 petition of all that hath been faid in 
 theTreatife of Benefices by Tad, Taoloy 
 tho' "ferom a Cofia pretends it is a Supple- 
 ment, It is true indeed;, that he fpeaks 
 of the Original of private Maffes^, and 
 of the Privileges call'd the Monarchy 
 of Sicily y of which Tad, Taola makes 
 but juft mention ^ but thefe Particu- 
 lars^ with fome others which he 
 handles^, make not much to the Pur^ 
 pofe : Befides that he draws his Proofs 
 often from a Cartulary only of fome 
 particular Monaftery^ from which no 
 general Concluficn can be made. 
 
 So that thofe Vv^ho have read the 
 Treatife of Father Taid will find no- 
 thing new or differing from this of 
 ci Cofia^ except only a great deal of 
 Confufion : For it is a Work fo ill 
 digefted^ that the chief Thing which 
 the Author feems to have proposed to 
 himlelf has been, to deftroy all the 
 admirable Method which the other 
 hath throughout obferv'd with fo much 
 Exad-neis. 
 
XXVll 
 
 CONTENTS 
 
 Of the Chapters. 
 
 'THE Introduaion and Deflgn of the Author. 
 
 p-^>ge xlv. 
 
 CHAP. I. . fagc I. 
 
 . Jesus Christ tCvichet'h his Church the Man- 
 ner of policfllng and aJminftring her Temporals. 
 2. Judas his Abufc of the Alms he liad to diftri- 
 butc. 3. He fells his Mailer, and after infli^ls his 
 
 own Puniihment gn himfelf 
 
 ■■ ♦ 
 
 CHAT. II. fnge 3. 
 
 . The Goods in Common in the Church of JerU" 
 [alem, 2. The perfe^ Difmtereftednefs of the firil 
 Chriftians. "3. The lii'ft Change which happened 
 in the Government of this Church. ^. The 
 Sunday Oiierings. 
 
 CHAT, III. f^ige 5. 
 
 . The Apoftles dilcharge themfelves of the Charge, 
 ofdiftributing the Alms. 2. Inftitute other Of- 
 ficers calfd Deacons, w^ho take upon them the 
 Charge. 3. The Minifters of the Church cho» 
 ikn by all the AfTcmbly of the Faithful. 4. Main- 
 tain d 
 
xxviii CONTENTS. 
 
 tain'd out of the fame Alms with the Poor. 
 5. The rich Churches lent Alms among the poor 
 ones. 6. The Riches pf the Church of JRome. 
 
 7. A Temptation to the Avarice of the Emperors. 
 
 8. St. Lawrence prevents Decius, p. The Chiuxh 
 perfccuted for her Riches. 
 
 CHAP, IV. fage^. 
 
 I. The Minifters of the Church ceafe to live in 
 Common. 2. And to be the Diftributers of the 
 Ahns. 3, G O D punifiieth them with a great 
 Perfecution. 4. Why the Church in its Inf^cacy 
 Jiad no immoveable Eftates. 5. Licimus permits 
 her iirft a Faculty of acquiring. 
 
 CHAT. V. page ik 
 
 i. At firll the Goods that were given to the Church 
 xvere not dedicated to any particular Service, 
 2. Immunities granted tQ the Eccl^fiallicks. 
 3» Why Princes grant no more. 
 
 CHAT. VU page 13, 
 
 I. The Eccleiiailicks become too greedy in acq uir-^ 
 ing Eftates. 2. Tiieir Avarice rellrain'd by 
 Princes. 3. Widov»'s forbid to give or bequeath 
 immoveable Eftates to the Churchmen. 4. St. 
 ^/i^/v//wdilapproves Gifts made to the Church in 
 Prejudice of th^ legal Heirs. 5. Wifheth that 
 the Ecclcfiafticks had no other Eftates than the 
 Tenths. 6'. Tiie Riches of the Churches of 
 Aiitioch and Jerufdem^ 
 
 . CHAT, 
 
CONTENTS. XXIX 
 
 CHAT, VII. fage 17. 
 
 I . The Bifhops of the Weft begin to abufe the Goods 
 of the Church. 2. Divilion of thefe Goods into 
 four Parts. 3. Falfly attributed to Pope SUvefier. 
 4. The Revenues were divided, but not the Eftates 
 or Funds which yeilded them. 5. Biihops were 
 ordain'd by their Metropolitan in Prelence of the 
 Biihops of the Province. 6, They could not 
 ordain any Prieft without tlie Agreement of the 
 the People. 7. Nor choofe a SuccefTor without 
 the like confent. 
 
 CHAT. VIIL fag^iu 
 
 I, The Original and Progrels of Monachifhi. 2.Th€ 
 Monks were no more than Laymen. 3. The 
 Churchmen no longer in the Peoples Favour, 
 when they ceas'd to live in Common. 4. The 
 good ufe made by the Monks of the Peoples Alms* 
 . 5. They chofe their own Abbots, 
 
 CHAT. IX. fage 24* 
 
 i, Bifliopricks fbllicited and Ibught for. 2. Princes 
 begin to medle in Election of Bii^lOps for Rea- 
 Ibns of State. 3. The Em.peror's Connmiatioa 
 necefTary to the Confec ration of the Pope and 
 Biihops. 4. Tne Kings of France become ablb- 
 lute Collators of all th^ Biiliopricks. 5. The Bi- 
 ihops exclude the People from tlie Eleftion of 
 Priefts, Deacons, and other Minifters of th^ 
 Church. 6. The Biihops becoming Civil Judges 
 neglect to teach the Dodrine of G hri s t. 7. And 
 in Ibme Places defraud the Fabrick of the Church 
 and the Poor of their Shares. 8. Every Eccle- 
 fiaftick begins to have his leperate Share, p. Yet 
 
 the- 
 
kxx CONTENTS. 
 
 the Eftates and Funds continue united, and ma- 
 nag'd liill by the Deacons and Sub-deacons. 
 to. The Church Eftates call'd Patrimonies. 
 1 1 Every Church calFd her Patrimony by the 
 i;[ame of her Patron. 12. The Church Eflates 
 paid Tribute to the Prince. 
 
 CHAT. X. fage 32. 
 
 I. The Cathedral an Acknowledgment paid by the 
 Curates to the Bilhops. 2. The Eflates and 
 Funds divided. 3. Atter the Divifion catl'd Be- 
 nefices. 4. In France the Majors of the Palace 
 aliume the Right of choofing the Abbots. 5. The 
 Monks withdrawn from the Jurildiftion of the 
 Biihops. 
 
 C hi A F. XL ^dge 35. 
 
 i. The Biiliops and Abbots of Frante polTefs them- 
 ielves of all the Ecclefiaftical Efhites to equip- 
 themfelves for the Vv'ars. 2. The Original of 
 Tythes. 3. Pretealions and Claims of Curates. 
 
 CHAP. XII. page 3B. 
 
 I. hi July no Prieft was ordain'd without Ibme 
 particular Miniftry in the Church afflgn'd Iiim. 
 2. The Original of Cardinals. 3.. At lirft infe-' 
 rior to Bifhops. 4. Imwccm iVrth.^ firft Pope 
 who diftinguiili'd them by any Marks of Ho- 
 nour. 
 
 C H A P. XIII, , page 42 
 
 I . Ecclefiailicks without Office or Benefice. 2. The 
 Biihops who ordain'd them oblig'd to maintain 
 
 them. 
 
CONTENTS, xxxi 
 
 tliem. 3. The Cauie of the Eiicreaie of thele 
 Ecdeliafticks. 4. The People's Relped leiien d 
 towards the Church. 
 
 CHAP. XlVo M^^^ 
 
 f; Titular Bilhops. 2. The Pope always ailigns 
 them fome Benefices. 3. Whether the Pope cati 
 ordain Biihops without any Title, true or falfe. 
 4, The Abtile of Non-refidcnce Iprung from or- 
 daining without Title or Office. 
 
 CHAP. XV. p^ge^6, 
 
 I, The Eccleflaftical Reformation wrought by 
 tharlematgn, 2. Ill obierv'd after liis Death. 
 3. The Pope did not aft as fuch tiU he receiv'd 
 the Emperor's Confirmation. 4. NicheUs 11. or- 
 dain'd the contrary. 5. The Pope doth not 
 date from the firft Year of his Poncificate, until 
 he be crown'd. 6. Whether iht Pops have the 
 Pontifical Authority before his Confecration. 
 7. Whether there ought to be reckcn'd ten Sic- 
 fhcas for Popes or only nine. 
 
 CHAP, XVI. p^.ge 52. 
 
 I., The firft Government of the Church wtis de- 
 mocratical. 2. The Provincial Synods were held 
 twice every Year. 3. The Church Conhllory 
 which was held every Day. 4. TheEpilCopai Con- 
 fillory compos'd of Canons of every Cathedral 
 Church. 
 
 CHAP, XVII. p-^^f 55' 
 
 t. The Biihops imploy'd by the Princes in Stare 
 Affairs, and in Ciril Government. 2. From 
 
 whence 
 
xxxii CO NT E I^T S. 
 
 whence hath proceeded the Eccleiiaftical Jurlf- 
 diftion. 
 
 C HA P. XVIIL page 55 
 
 I. The Eccleliaftical Statutes of Charlemalgn ne- 
 glefted. 2. The Pope and the other Biihops of 
 Italy take care to get themfelves confirni'd by the 
 Emperor* 3. The Papacy is a Benefice Cwith a 
 Witneis] 4. Formerly all Biiliops were call'd 
 Popes and Summl Pomifices. 5. Gregory VII. took 
 from the Biihops the Name of Pope. 
 
 CHAP. XIX. p^e 59* 
 
 r. The Invention of the Contract call'd Precaria m 
 Franee increased exceflively the Temporals of the 
 Churches. 2. Deteftable Popes. 3. Prophane 
 Biihops. 4. Canons and Laws of the Church 
 lacrific'd to Avarice. 
 
 CHAP. XX. f^ge6<^. 
 
 I . Tiic Excommunications employ'd by the Biiliops 
 to defend or recover their Temporals. 2. Ter- 
 ribly apprehended by thofe guilty of the mofl 
 enormous Crimes. 3. Numbers of People make 
 themfelves Feudatories of the Church, to defend 
 their Eflates from the Rapacioitlhefs of the great 
 Men. 
 
 CHAP, XXl. page 66. 
 
 I. Whether the Ecclefiaftical Goods be poiTefs'd by 
 
 Divine or Humane Right. 2. Whether the 
 
 Tyches be of Divine Right. 3' Whether the 
 
 " " " Tenth 
 
COJSttBNtS. xxxiii 
 
 Tenth of Labour, Trade, &b. be due from Se- 
 culars to the Eccleliafticks. 4. Whether Be- 
 nefices be of Divine Right, or poiitive. 5. Who 
 is the Proprietor of the Ecclefiaflical Goods, 
 the Pope, or the Church. 
 
 CHAP. xxn. 
 
 fage 79. 
 
 I.' The frequent Changes of the Princes in Italy thQ 
 Caufe of great Diforders in the Affairs of the 
 Church. ^ 2. Pope "John XII. depps'd by the Em- 
 peror. 3. The People of Rome give up their 
 Right of creating the Pope. 4. Divers Popes 
 cholen tumultuoufly. 5. The three Of/;^?'?, Em- 
 perors, gave the Inveilitures of the Bifliopricks 
 and Abbics; 6". Their SucceiTors nominated aUb 
 to the other Benefices. 7. The People of Rome 
 recover again for a time the VAz^lion of the Popes. 
 8. The Emperor Henry ill. chaleth 3 Popes away, 
 who reigned together, and depriveth the People 
 of the Power of choofmg another. 9. An Ar- 
 tifice of a Pope to bring back the EJc^Lion to th^ 
 Romans, 10. The larhe Emperor maintains his 
 Right all along. 
 
 C H A p. XXIir. fage 26, 
 
 I. This Riglit is weaken'd by a Conftitution of Ni- 
 
 ' cholas II. 2. The Emperor Hcrjry IV. refufeth to' 
 
 confirm a Pope chofen by uiq People of Kon.e, 
 
 3. Is cited to Rome on an Accu/aticu of Simony. 
 
 4. Gregory VII. forbids him to namie an)^ rtiore to 
 the Bifliopricks or Abbies. 5. The War betwixt 
 them; 6. Rehcrt Kinij of Sicily declares for thQ 
 Pope. 7. The Original of the Right call'd the 
 Monarch of Sicily, 8. He-nry IV. Emperor, dc^ 
 
 b' . priv'd 
 
xxxiv CO JSTT E NT S. 
 
 priv'd of the Empire by his own Son. 9. Faf- 
 chal II. refufeth to crown Her7ry V. if he renounce 
 not the hiveflitures. 10. //ewry makes the Pope 
 Prifoner. 11, The Agreement betwixt them of 
 fliort continuance. 12. Henry excommunicated 
 by three Popes. 13. Renounceth the hivcflitiues. 
 14. The Judgments made upon this Renunciation. 
 
 CHAP, XXIV. p^^rpS. 
 
 f. The King of France conflantly preferveth the 
 Right of nominating to Biihopricks. 2. The 
 King of England maintaineth the fame Right a- 
 gainft the Archbiihop of Canterbury. 3. The 
 Pope at length remaineth Mafter of the Komi- 
 nations to all the Benefices of this Kingdom. 
 
 4. St. Bernard prevails with the Emperor Lotha- 
 rius to defifl from his Demand of the Inveilitures, 
 
 5. The Regale keeps its Ground in France in 
 Spight of the Popes. 6. The Popes employ 
 Writers to prove, that the Collations of which 
 Princes are pofTefs'd are Conceflions from the 
 Holy See. 7. A Fault in Princes not to oppofe 
 them. 8. Bcniface VIII. trieth to make the Kino; 
 of France renounce the Regale. 9. The Preten- 
 lions of the Popes to a Power of revoking the 
 ConcelTions of their Predeceffors. 10. The 
 Means whereby the Popes eluded the Kings Ko- 
 minations to Benefices. 11. The Prudence of 
 the Kings of S^ain in not coming to Extre- 
 mities with the Popes. 1 2. The Chapters clioofc 
 their Biiliops, and the Monks their Abbots. 
 
 C H A ?. XXV. fage 107. 
 
 I. The Uftirpations of feveral Biihops upon the 
 Temporals of Princes. 2. Many Secular Eflates 
 become Ecclcfiaftick. ' CHAP^ 
 
CONTENTS. XXXV 
 
 CHAP. XXVL fageioS. 
 
 I. The Monks lole the Veneration of the People by 
 
 intrn 
 War 
 
 intruding themlelves into tliQ Affairs of State and 
 
 CHAT, XXVII. fage 109 
 
 I. The Croifades. 2. T)i.e Popes and Biihops make 
 ufe of them to encreafe their Temporals. 3, The 
 Military Orders. 
 
 CHAT. XXVIII. fage 113. 
 
 I. Perfonal Tythes exacted by the Ecclefiafticks. 
 
 2. Bulls of the Popes Alexander II. Alexmder III. 
 and Ccleft'me III. concerning Tythes. 3. The Ca- 
 nonifts outdo all the PreCenlions of the Bulls. 
 4. Difference betwixt the Curates and their 
 Parifhioners. 5. the Bull of Innocent III. to re- 
 
 c oncile th em. 
 
 CHAP. XXIX. fage i\6. 
 
 I Gifts of publick Sinners and infamous Perlbns re- 
 ceiv'd by the Churchmen in Spight of all the 
 Prohibitions made by the Canons. 2. The Se- 
 ditious Dodrine of Baronlus againft the Princes. 
 
 3. The bell Popes have been made by the Princes. 
 
 C H A P. XXX. ^agew^ 
 
 I. The Ecclefiafticks have done themfelves Wrong 
 in making Princes be depriv'd of the Right of 
 Inveftitures. 2. The Pope difpos'd of no more 
 Benefices than what belong'd to the Diocefs of 
 
 b 2 B.ome. 
 
xxxvi CONTENTS. 
 
 Rome, 3. The Complaiirince of the Bifhops for 
 his Recommendations makes him become Ha- 
 lf er of moft of the Collations of the other Be- 
 nefices. 4. The Diocelfes filfd with forreign 
 Clergy. 5. The Popes take upon them to dif- 
 pcnfe the Canons witii a Non-abftamibus. 6. Thefe 
 Abuies detefted by St. Bernard, 7. Expeftatives 
 granted and revoked by the Pope?, to fqueeze 
 taoY^ Money out of thofe who obtain'd them. 
 S. An Invention whereby they drew to them- 
 feives the Collation of the Biil-iopricks andAbbies. 
 
 CHAP. XXXI. fage J 26. 
 
 I' The Court of Ro?ne concerns itfelf with the 
 Eledions made by the Chapters and the Mona- 
 naiferies. 2. Gregory IX. makes a Pontifical Code 
 calfd the Decretitis. 3. The Popes have fince 
 made Regulations, which carry tht Pontifical 
 Authority yet much higher. 
 
 CHAP, XXXIf. pige 128. 
 
 I. The great Concourfe of Ecclefiailicks to Pome 
 liitroduceth the Abule of not rcfiding. 2. Alex- 
 ^n^er III. commands Refidence to Beneficiaries 
 who have Cures of Souls. 3. In the Primitive 
 Church ail Benefices obliged to Relidencc, 4. The 
 evaiive Interpretation or Beneficiwn dmtir froper 
 Officiur?t, 5, Pope Honorius III. exemp:s from Re- 
 sidence all who are in the Pope's Serviec. 6, The 
 Abufe of perpetual Vicaridges. 
 
 CHAP. XXXIII. f^ge 133. 
 
 •I. The Difiin^lion betwixt Benefices compatible and 
 incompatible. 2. What are declared by the Ca- 
 tionifls to be NecciFaries tor the Subfiilance of 
 
 ■ the 
 
CO N'T E NTS. xxxvii 
 
 the Benefieianes. 3. \Vhat to one who is a 
 , Gentleman. 4. To ^ Biiliop. 5. To a Cardinal. 
 6. John XXII. apph'es a deceitful Remedy to the 
 PluraJity of Benehces. 7. Whether the Difpen- 
 iations of the Popes obtained without lawibl 
 Gau/e be Y^Yii before GOD. 
 
 CHAP. XXXIV. fagc i3p. 
 
 I. The Union, its Original, 2. Its Abufp. 
 
 C H A r. XXXV. ^^^, 141. 
 
 1. The Commendam^ its Original. 2. The Pope h*- 
 mits the Continuance of jt to fix Months, with- 
 out fubjefting himfeh to the Rule. 3. At leDG;th 
 gives a loofe, and confers Commendams for Life. 
 
 4. The Canons evaded by the Cowmenda?ns. 
 
 5. The Eaftern Church hath not fuffer'd the 
 Popes to gain Ground upon the Benefices. 6. TJic 
 Ealtern Church hath olten brought it into dill 
 pute, whetiier the Pope have a Right to difpofe 
 the Benefices of otiier Dioceffes. 7. The Clergy 
 ot England cppofe thele Nominations. 8. The 
 Chapter of Lyons raiieih the City againft In-no- 
 cent IV. who would have gircn ibme Canonries 
 to his Kindred, 9. The Bjihop oi^ Lincoln maJces 
 Head againft this Pope. 10. Appears to him 
 afcer his Death. 1 1. The ArchbiJhop of York 
 oppoies Alexander IV. with the lame Conflancy. 
 12. Clement IV. makes a Bull, wdiich tends to the 
 Ufurpation of all the Collations of Benefices in 
 Chriitendom. 13. St. Lewis King of France^ m 
 oppofition, publiiheth his excellent Pragmatick. 
 
 1 4. His Death, and the Intereii: of the PJoufe of 
 Anjou hinders the Execution of this Ordinance. 
 
 15. Boniface Vlll. inierteth the Bull o^ dement 
 mto the Decretals. 16. Clement V. purfuant to 
 
 "^ 3 this 
 
^xxviii CONTENTS. 
 
 this Bull, pretends the Pope is abfolute Proprietor 
 of all Benefices. 17. The Canonifts hold this 
 Do^h-ine for an Article of Faith. 18. And en- 
 deavour to prove that the Chapters have received 
 thQ Right of Eledion, and the BIfhops that of 
 conferring the Benefices of their DioceiTes, both 
 from the Pope. 19. Jnfelm Bifliop of Lucca con- 
 traaifts them in exprels Terms. 20. There is 
 Reafon to %, that the Popes fmce Gregory VII, 
 have put the Churches into Servitude. 
 
 CHAP. XXXVI. page 160. 
 
 r* The Prohibition to alienate the Goods of the 
 Church diredly contrary to the Ufage of the 
 Primitive Church. 2. Temporal Riches have 
 taught the Biihops to walle and dilTipate, inftead 
 of cliipenfrng as they ought. 3. Lm;, Emperor 
 of Conftantinofle^ forbids the Church to alienate. 
 4 A Vrefc^us Pretorio forbids the lame to the 
 Church of Pome. 5. The Pope Simmacus faith, 
 that Seculars have no Right to ordain any thing 
 in the Churches. 6 Jufiinian the Emperor per- 
 mits the Goods of the Church to be alienated for 
 Relief of the Poor, and Redemption of Chriftian 
 Slaves. 7. In former times the 1 emporals of the 
 Church were in the fi.fl place employed in Ufe of 
 the Publick. 8. At tliis Day it is 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. fdge 1^7. 
 
 I. The Reiervations. 2. Reftrain'd by Gregory X. 
 3. A h*t:le enlarged by C/mc/^t V. 4. The 'de- 
 ceitful Bull of John XXII. 5. Piis Skill in mul- 
 tiplymg the Provifions of Benefices. 
 
 CHAP. 
 
CO NT E NT S. xxxix 
 
 CHAP. XXXVIII. fa^^i^o. 
 
 The Annates, i. Whether it is permitted to 
 Princes to receive by way of Ac]<:nowledginent: a 
 part out of the Benefices^ which they conferr'd, 
 3. The Annates prejudicial to Princes, and bur- 
 denfome to private Perfons. 4. Cenflired by goa4 
 Men as fimonaicaL 5. Defended by others. 
 (5. Whether the Pope can be guilty of Simony 
 in the Collation of Benefices. 7. The immenlc 
 Treafurc of Pope J<?^w XXII. 8. ThQ Cuwdemiumj 
 A Duty laid by Paul II. 9. Enlarged^by Paul IV. 
 and SixtusV, 10. Relervations made by Bene- 
 dict XiL for his Life only. it. Continued by 
 Clement VI. 12. The King of England oppofeth 
 the Refervations and the £xpe6latives. 13. In- 
 nocent VI. revokeththem all. 14. The great A- 
 bufe of the Indices Exjurgatorid, 1 5. The Reler- 
 vations aboliih'd by Gregory XI. at the Requeft of 
 the King of England. 1 6, Two Roman Courts, 
 both of them fet Benefices to Sale. 17. Vrban VL 
 difcovers a lecret Intereft, which all his Prede- 
 ce.ibrs had carefully conceal'd. 18. Benefices 
 given to the beft Bidder. 
 
 CHAP, XXXIX. T^^ei^4,, 
 
 , Violent Exactions by the two Cours of Fomc, 
 2. Germany admits neither Relervations, nor Ex- 
 pedatives. 3. A Legate fent into Germany to 
 compound with the Beneficiaries provided by the 
 Biihops. 4. Oppoled by the Emperor. 5. Three 
 Popes at one time. 6. "John XXIII. recovereth 
 the Collation of Benefices in France, 7. Loieth 
 it in the State of Florence, 8. The Popes Bulls 
 filfd with inextricable Clauies to eternize the 
 Procefs and multiply the Annates. 9. As Princes 
 b 4 reibrm'd 
 
xl CONTENTS. 
 
 reform'dthe Abiifes of the Comto^ Eme^ that 
 Courc brought forth others, by whichihe gains 
 more than fhe loft. 
 
 CHAP, XL, ]iage 189. 
 
 I. The Relignations, their Original. 2. Their 
 Abuie. 3. In which the Court of i?ow<? finds its 
 Account. 
 
 CHAT, XLI. fage 192. 
 
 I. The Indulgences. The Sale of them the caufe 
 of fat Schiim in Germany, 2. The Bull of 
 Vras V. againlt this Abufe. 
 
 C H A P. XLII. fage 194. 
 
 The religious Mendicants are allowed to acquire 
 Eflates. 2. France oppofeth. 3. The Schifhi 
 cxtinguiili'd by the Depofition of the three Popes, 
 who reign'd together, x}.. Martin V. their Suc- 
 celTor refers the Reformation of t\\Q grinding 
 Taxes upon Benefices to the Council o,f Pavia, 
 
 5. France will not own him but on Condition that 
 the Reiervations and the Expe£latives be abolifh'd. 
 
 6. The Parliament of Paris twice deciareth a- 
 g.iinfl the Pope's Proceedings. 
 
 CHAP, XLIII. . fage 197. 
 
 , The opening jind clofing the Council of Pavia, 
 
 2. The Council of Bafil at length abolilhetn the 
 RefervationSj the Expedatives, and the Annates. 
 
 3. Eugene Vj . difiblv'd this Council, and the 
 Council chofe another Pope.- 4. France TxwXGer- 
 many receive its Decrees. The Pragmatick Sanati- 
 on publiili'd in France, 
 
 CHAP. 
 
 I. 
 
CONTENTS. xli 
 
 C H A P. XLiV. fage 199^ 
 
 I. Mental Refervations introduced in Italy. 2. And 
 then abolifh'd. 3. Great Abiife of the Refigna- 
 tions in favor em. 
 
 CHAT, XLV. fage 101. 
 
 U The Regrefs and the Accefs. The Original and 
 Abufe of them. 2. The Pope alone grants the 
 Faculty of Regrefs^ and Accels. ' 3. The Parlia- 
 ment of Faris admits neither the one nor the o- 
 ther. 
 
 C H A F, XLVI. fage 204. 
 
 I. The Coadjutorfl-iip, its Original. 2. Its Abule. 
 
 ' 3. The Concordate betwixt Nicholas V. and the 
 Emperor Fredrick III. 4. Ill oblerv'd in Germany, 
 5. Ihc Jeluifts oblige the Benehciaries to obferve 
 it. 6, The Eledio'ns or Collations, which de- 
 rogate from this Concordate, are annulled at 
 Fome, 
 
 C H A F. XLVII. f age 110. 
 
 I. The Pragmatick contefted by Pope Fitis II. 
 1. revok'd by King LewpsXl. '3. re-eftabiiih''d 
 three Years after. 4. Attack'd by four other 
 Popss. 
 
 C H A F. XLVIIL page 111. 
 
 I. The Concordat of Francis I. with I^eo X. 2. The 
 Univerhty of Faris makes Oppofition. 3. Why 
 the Popes have got the Pragmatick to be aboliil-rd. 
 
 4. Sulpenfipn of the Concordat under Henry II. 
 
 5. The Concordat reformed by the Eftates of 
 Orleans, 6, Charles IX. fulpends the Execution 
 of this Reformation in Favour of the Pope. 
 
 CHAF. 
 
xlii COMTENTS. 
 
 CHAP. XLIX, }ageiis. 
 
 I. A Reformation made by the Council of Trent 
 concerning Benefices. 2. Tiie Council decides 
 not the Qiieftion about Refidence ibr fear of 
 wounding the Authority of the Pope* 3- And 
 is filent as to the Kefervations. 
 
 CHAP. L. fa^e 22a. 
 
 I. The Pcnfion, its Original. 2. Its Convenien- 
 cies, or rather its Abuies. 3. Whether it is Si- 
 mony to extinguifh a Penlion charged on a Bene- 
 fice, by taking a Sum of Money agreed upon, 
 
 4. The Deciv:e of the Council of Trait that no 
 more Monaiteries Ihould be put in Commendam^ 
 hath not been oblerv'd,, 5. Tne Pope by means 
 
 >of the Relervations has became Malter of ahnoil 
 all thQ Benefices of Itdy. 6, The Popes have 
 taken care to tye the Hands of thQ Biihops. 
 7. The Bull of Vo^Q Plus V. which forbids the 
 Collators to confer any Benefices refign'd, to 
 Kindred^ Allies, or Domefticks of the Reiigners* 
 
 CHAP, LI. fage 229. 
 
 T. 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 Flatterers 
 are the Caule. 4. Every Church is Proprietor 
 or Owner of the Goods which ihe poffeiTeth. 
 
 5. The Canonifts have alter'd all the ancient Po- 
 licy of the Church, in ailerting the Pope to be 
 the Ible Proprietoi"-Qi' all Benefices. 6. Accor- 
 ding to Navarry the Pope cannot change Tefla- 
 
 mentary 
 
CONTENTS. xliii 
 
 •inentary Diipofitions without a lawful Caiifc. 
 7. How he in terpreteth the Propolition oi' tiie 
 Canonifts, that tiie Will of the Pope is in place 
 of Reafbn in Beneficiary Matters. 8. The 5enlc 
 which he puts upon the Bull 0^ Clement V, 9. The 
 Opinion of the Canonifts gratifies all liich as 
 thirft after many Benefices, i o. Impoflible to 
 reconcile it with Realbn, and lels with Divi- 
 nity. 
 
 C H J P, Lll. fage 136. 
 
 If the Pope have fiich ablblute Povv'er, from 
 whence doth he derive it ? 2. Why have his 
 Predeceffors for more than icoo Years made no 
 ijife of it ? 3. If the Papal Authority be unlimi- 
 ted, why have the Popes limited it by Concor- 
 dates and other Tranla^ions with Princes ? 
 
 A i^uefiion relative to Chap, 21. co?2tizim',ig the 
 Scmlmcms of the Fathers and JDoBors^ upon the right 
 TifCy which the Beneficiaries ought to make of the 
 Fruits and Revenues of their Benefices. The Point 
 in Chiefiion is to know^ Whether the Bcncficlariis have 
 really the tifufrutl^ or only the Difpcnjations ? 
 Kavarr, tho' a Canonifi^ maintains^ that they are 
 meerly the Difpenfers, T^jC Cardinal Cajetcln holds 
 n middle Opinion, Fra. Paolo adds own in 
 
 Conclufion, 
 
 CHAP, LIII. ^age 248, 
 
 The Order of Mendicants have lofi: their Credit 
 in defiring to make ule 01 the Permifi^ion granted 
 them by the Council of Trent to acquire immove- 
 able Efiates. 2. The Capuchins have pre'ierved 
 the Affeftion of the People by remaining in their 
 Poverty. 3. The Jefuits hold a middle Courfe 
 betwixt Poverty and Riches. 4. Mo[e$ when he 
 
 had 
 
xiiv CONTENTS. 
 
 had llifiicient for the Tabernacle, refus'd to re- 
 ceive any more Gifts from the People of Ifraei. 
 
 5. The Levites had no other Eftates but the 
 Tenths. 6, If the Clergy hold now the Place 
 of the Levites^ why are they not contented with 
 tht Tenths ? 
 
 C H J P. LIV. pa^e 252. 
 
 J. In the Primitive Church whatever the Priefts 
 hit at their Death, returned to the common Mafs. 
 2. After tliQ Church Eflates had been divided 
 into Benefices, the Spolla of the Beneficiary, viz, 
 tliQ Goods he dy'd pol'iels'd of, went to the Com- 
 munity of th.Q Clergy or to his Succefibr. 3. In 
 leveral Countries the Beneficiaries could deviie by 
 Will the Fruits of their Benefices. 4. The Popes 
 apply to thQ Apoftoiick Chamber all that the 
 Beneficiaries leave at their Death. 5. The Ex- 
 tortions of the Colle8:ors of thefe Spolla. 
 
 6. Charles VI. King of France takes the Sfolia of 
 the Biihops and Abbots froin the Pope. 7. Faul III. 
 fcy a Bulfdeclareth, that the Spolia of all the Be- 
 neficiaries of the World belong to the Catholiclc 
 Chamber. 8. Pope VluslM: carries this yet higher. 
 ^. The Clergy of th.Q Kingdoms of Caftile are 
 exempt from the Exaction OithQSfolia. 10. Upon 
 what this Right is founded. 
 
 THE 
 
THE 
 
 xlv 
 
 INTRODUCTION. 
 
 HAT ancient Fervour of De- 
 votion, which, for fa vp.^ny 
 Ages, with mighty Influence 
 both on Princes and private 
 Men, had prevailed over the Chriftian 
 World to make thofe vaft Donations to the 
 Church, being now not only fenfibly aba- 
 ted, but, with it, the exemplary Care of 
 its Minifters, in the pious Diftributions of 
 thofe Bounties ; and their SuccciTors, tliQ 
 Churchmen, in thefe latter Ages, having 
 
 tUIT*\4 
 
xlvi The Introduclion. 
 
 turn'd that Care into another, no left enga- 
 ging, and in which they are indefatigable, 
 of getting all they can, and defending what 
 they have got, we muft not be furpriz'd, 
 if, in fo great a Scarcity of faithful Stew- 
 ards in the Church, it has been thought 
 neceffary to reftrain thefe Acquifitions by 
 Laws ; or that all the good Men fhould be 
 warmM with a Zeal to fee the Adminiflra^ 
 tion of the Temporal Riches of the Church 
 reftorM to fome Degree of Reformation at 
 leaft, if not to its primitive Striftnefs. 
 
 Its prefent Corruptions have not crept 
 into the Clerical Order, or grown to that 
 exorbitant Pitch in an Inftant ; but from a 
 State of Perfedion (I had almoft calFd Di- 
 vine) the Churchmen are by Degrees funk, 
 as themfelves confefs, into a State of Im- 
 purity, vifible to all the World, and by 
 fome held incapable of Remedy. 
 
 Not but with the fame Portion of Di- 
 vine Favour, which has flione fo bright on 
 
 our 
 
The IntToduBlin. xlvii 
 
 our Predeceffors, we need not defpair of 
 feeing the like Wonders of Sanftity pro- 
 ducM in our .Days. But as we have been 
 finking for Ages into fo low a State of Cor- 
 ruption, we muft be contented to take the 
 fame Steps in re-afcending to regain, if 
 poflible, that Degree of Perfedion which 
 the Church once enjoyM. 
 
 And feeing this is not to be obtained 
 without knowing in what Method the 
 Temporalities of the Church were at firli 
 manag'd ; and how, and by what Degrees 
 this good Government came to fail, it wili 
 be necelTary in the firrt place, to enquire 
 into the Means of the Church's acquiring 
 at firft her Temporal Riches, and the Me- 
 thod flie usM upon every Mutation that 
 happen^, in appointing Officers to diftri- 
 bute or preferve them. 
 
 This will difcover to us the Obftacles, 
 which hitherto have retarded a happy Re- 
 formation ; 
 
xlviii 
 
 The IntroduiHim'^ 
 
 formation ; and inftruQ: us in the Means 
 to furmount them. 
 
 Thus much for our Defign in the preftnt 
 Treatife of Beneficiary Matters ; a Sub- 
 jeO: fo copiouSj that it is not eafily to be 
 exhauftedi 
 
 X H E 
 
THE 
 
 HISTORY 
 
 Of Ecclesiastical 
 
 Benefices and Revenues. 
 
 CHAP. I. " 
 
 ROM the Time that JesuS 
 Christ iirfl conversed in the 
 World, the Church began to have 
 Revenues ^ which firll arofe purely 
 from the Ollerings of devout Per- 
 fons, and were diftributed by an 
 appointed Officer, only to two 
 TJfes ^ the one, of our Saviour himlelf, and his 
 Apofbles, who preach'd the Goipel ^ the other, of 
 the Poor. This appears clearly in St. Jchn^ who 
 fays, that 'judos kept the {a) Purfe, and made tht 
 Difpurfements, providing all Necelfarics for the 
 Community, and diftributing the reft to the (^) Poor, 
 
 («) Loculos liabensj ea qux 
 mittebantur portabat. Cap. 12, 
 
 (b) Loculos habebat Judas, 
 quod dixilTet ei Jeius : Erne ea 
 quse opus tunt nobis ad diem 
 teflum 5 aut egenis, ut alic^uid 
 
 daret, Cap. 13. Quia de egenis 
 pertinebat ad eum. Cap. 12. 
 Becaufe thii rvas his Bt^fmefs* 
 
 Loculos is pr.pcrly tvhut is 
 caWd the F:cf^-Box, 
 
 R 
 
 according 
 
'2 Of Ecclesiastical 
 
 according to the daily Directions he receiv'd from 
 Our LORD. 
 
 St. Auguftine obferves, That tho' J e s u s C h r i s r, 
 who had Angels for his Servants, had no Occalion 
 for Money, he neverthelels thought fit to make ufe 
 of it, that he might leave to his Church the greatefi: 
 Authority upon Earth, (his own Example) of her 
 Duty j and how ilie ought to enjoy, and how to em- 
 ploy what ihe poileffeth. 
 
 And if this holy Inftitution be not obferv'd in our 
 Days, we ought to confider that the holy Scripture, 
 both for Our Inilrudion and Gonfolation tells us. 
 That Judas was a Thief, that he robb'd the Apofto- 
 lick College, and converted the Money to his own 
 ufe^ and that his boundlefs Avarice, and Impiety 
 carried him, at laft, to betray, even, the Perfon. of 
 our LORD himlelf, for Money. 
 
 If therefore, either Hiftory of paft Times, or Ob- 
 fervation of the prelent inform us. That a great Part 
 ofthe Ecclefiaftical Goods is employed in Ufes very 
 different from pious, and that fome ofthe Minillers 
 of the Church fb far from contenting themlelves 
 with ordinary Sacriledge, and appropriating to 
 themlelves what belongs in Common to the Church 
 and tliQ Poor, are become fuch Invaders of lacred 
 Things, that they fet to Sale even Spiritual Graces 
 for Money : It is not to be aicrib'd to any particular 
 Fate on this, or the forgoing Ages, but to the Me- 
 thods ofthe Divine Wifdom in exercifing the Righ- 
 teous ^ feeing the Church from its Infancy, and 
 through all Ages, hath been fiibjea to the fame Im- 
 perfeftions. 
 
 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 ^ and by a couragious Oppofition to thelc 
 Abules, where it can be elfe&ial. For tho' Jud^ 
 
 met 
 
Benefices and Revenues. 5 
 
 met not his Piniiihnienl: from Men in a common 
 Way, becaufe thole who ought to have infiided ir, 
 were his Accomplices, yet the Divine Providence 
 faiFd not to point out what Puniihment he delerv'd., 
 by dilpofmg him to be his own Executioner : As a 
 Warning and Admonition to Governors and Guar- 
 dians of the Church in Hicceeding Ages. 
 
 CHAP. 11. 
 
 AFTER the AfcQn^on of our Saviour into 
 Heaven, the Apoftles continued the fame Me- 
 thod in the Church of Jerufalcw^ of gathering Money 
 for the Maintenance of the Minifters of the Gofpel, 
 and Relief of the Poor : And the Believers, befides 
 the Offerings that were gathered, fold all their E- 
 ftates, and put them alfo into the Commcn-ftock : 
 So that no Diftinftion was made betwixt the Goods 
 of the Church, and thofe of every true (a) Believer ; 
 Which is yet pradis'd in ibme of the Religious 
 Houfes, who prelerve their firft Inftitution. 
 
 Kow the primitive Chriftians had the lefs Con- 
 fii^ls with human Nature in parting with their 
 worldly Goods, and bellowing them in Alms, from 
 the Contemplation of the L^ncertainty in which 
 Jesus Christ left them, as to the Duration of this 
 
 (a) Omnes qui crcdebant e- 
 rant pariter, ik habebant omnia 
 communia, PofTelTiones c: fub- 
 (lantias vendebant, 6< dividebant 
 ea omnibus prout cuiq-, opus 
 erat, Ach,Afcfl» 2. 
 
 Nee quilq; eorum quse pof- 
 lidebat aliquid iuum efle dice- 
 bat : ^Qd. erant omnia illis com- 
 
 munia. ^ — Kec quifquam in' 
 tsr illos erat egens, quotquot 
 enim poilelTores agrorum aut 
 domorum erant, vendentes af 
 ferebant pretia eorum quse ven" 
 debant : Dividebatur autemi 
 fingulis prout cuiq^ opus erat, 
 AtL 4- 
 
 B 2 World, 
 
4 Of EcCjLESIASTICAjL 
 
 World, and the Expe6i:ation they liv'd in of its 
 fpeedy Diirohition (h) : Or at leail, they enjoy'd it 
 with leis Sollicitude, as not knowing how long it 
 was to laft ^ and in the full Perluafion that the Form 
 and Figure of this World, and this prefent State of 
 Life would, however, liiddenly be chang'd and pafs 
 away (r). Contemplations like theie, and which 
 were fo apt to make Men lerious, contributed ft ill 
 more to the Frequency ot^ their Olierings. 
 
 But the Cuftom of having no Property in Goods, 
 which indeed introduced a levelling State among 
 th^niy ib as no Man v;as either rich or Poor, pre- 
 vaifd no farther than in Jemfalem itfelf ^ nor even 
 ■continu'd long there. For we find, that 26 Years 
 after the Death of our Saviour, Property was again 
 diftinguiih'd ^ and that no Man who had any thing 
 of his own v/as allowed a Support out of the Com- 
 mon-ftock ^ which in this, and the other Churches^ 
 arifing from the Oblations, was applied to the Uie 
 of the Minifters of the Church, and of the Poor. 
 Wherefore St. Paul ordered, that the Widows who 
 had Relations, fhould be maintain'd by them, and 
 not be a Burden upon the Church • that She might 
 thQ better be able to fupply the Neceffities of thofe 
 who were truly Widows (d^y and deftitute ^ that 
 is to fliy, both Widows and Objects of Charity. 
 
 (h) Scire enim debetis (faitb 
 St. Cyprian) ac pro certo cre- 
 dere, occaf'um fecuJij atq; ante 
 ChrilH tempus appropinquafie, 
 JEp. 58. adlhibart, Lan<flantius 
 adds. That all thofe who had 
 rndde Computations of the Tiwey 
 j^rozmded vn Scriptures, and pro- 
 p bane Hift cry, declard that the 
 World could not lafl longer than 
 
 videtur annorum, Cap,2'^,Ub. 7. 
 Inftit, Vivin. 
 
 {c) Praeterit enim iigura hu- 
 jus mundi, i Cor. 7. 
 
 (d) Si qyis fidelis habet vi- 
 
 duas, fubminniftret illis, & non 
 
 gravetur Ecclefia ut iis;,quse vere 
 
 viduse lunt, fufliciat, i Tim, 5. 
 
 This Explanation is, drawn 
 
 from the fame Chapter of St, 
 
 200 Tears. Omnis expeitatio | Paul, which faitbi Quse vere 
 non ampHus quam ducentorum J vidua eft, & de.olata, 
 
 And 
 
Benefices and Revenues. 5 
 
 And on the firft Day of the Week, call'd The 
 Lord's-Day, tlie Faithful met together, and every 
 one made an Offering of what he had iht apart out 
 of his Week's Gains, for the Publick Neceflicies (e). 
 
 (e) Per unam fabbad (faith I fe feponat, recondens, quod ei 
 be) unufquiiq; veftrum, apud | bene placuerit, i Cor, cap. ult. 
 
 CHAR III. 
 
 TH E Charge which Jesus Christ had com- 
 mitted to Judas, was, after our Saviour's 
 Alcenfion, exercis'd by the Apoftles themfelves, but 
 for a very iliort Time only. They foon grew len- 
 fible, they ihould want LeaHire for this, and the o- 
 ther Duty of preaching the Gofpel(^), from theMur- 
 murings and Diiorders among the Faithful about the 
 Manner of Diftributions (b) ; in which great Partia- 
 lities were pretended by luch as thought themfelves 
 Jiad 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) theGolpel, 
 they committed the Care of their Temporals to other 
 Minifters (d). W^hich indeed is the Reverie of 
 what is practiled in our Days : Wherein the greatefl 
 
 (a) Dixerunt, non eft gequum 
 nos derelinquere Terbum Dei, 
 & miniftrare menfis, ASl:, 6, 
 
 '(b) Fadlum eft murmur Grse- 
 corum adverfus Hebrseos eo 
 
 (<?) Nos verb orationi, & mi- 
 nlfterio verbi inftantes erimus. 
 
 (d) Confiderate ergo, viros 
 ex vobis boni teftimonii leptem, 
 quod defpicerentur in minifte- 1 plenos Spiritu Sanclo, quoscon- 
 rio quotidiano viduae eorum. ' ftituamus iuper hoc opus. Ibid, 
 ibid. I 
 
 B 3 Prelates 
 
6 Of Ecclesiastical 
 
 Prelates apply themfelves to the lole Government 
 and Care of their Temporals, leaving the other Part 
 of their Fun ft ion of teaching the Word of G O D as 
 a leiTer Care to the Monks, or Friefts of the lowell 
 Order in the Church. 
 
 Thefe new Minifters inftituted by the Apollles 
 
 ^ ^ for the Management of their Temporal 
 JtaViaT "" ^^'^^^"^5 ^^^^ ^ ^^'^ ^'^ Number, cholen 
 French Sept, ^Y ^^ whole Body of the Faithful, and 
 call'd Deacons : And wherever the Apo- 
 ^\^^ founded any Churches, they there efbabliih'd 
 Miniflers under that Title, and ufed the fame Form 
 and Solemnity iw their Ordination, as in that of 
 Biiliops, Priefls, and other Minifters of the Church, 
 with a Preparation of Fafting and Prayer before they 
 proceeded to take the Votes of the Faithful {e) upon 
 Iiledions. 
 
 And this Order, of admitting none to any Eccle- 
 fiailical Fundion, but by Election of all the Faith- 
 ful m a General AfTembly, was inviolably obierv'd, 
 iuid fo continued for about 200 Years : The Mini- 
 ilers of the Church, and the Poor fubiitting all that 
 \^\n\z out of the Common-Stock, which had no o- 
 ther Fund than the Offerings of the Faithful at their 
 Devotions : But they were ^o abundant, that the 
 Charity of thole Times had no other Bounds, than 
 ivhat every one could Ipare from his Keceflities. 
 
 So that when the Abilities of one City were more 
 than ITifficlent to fupply the Kecedities of its own 
 Church, Colleftions were there made alfo for other 
 Churches that were Poor : Thus wx find St. "jamesy 
 St. Tetery and St. Johyj^ when they jjeceiv'd St. Paul 
 and St. Barnabas as Companions in The Evangelick 
 MiniHry, reconmiended to them a Gathering for 
 
 (e) Hos ftatuerunt ante con- | tes impofaerunt eis manus« 
 fpeifturti Apoftolorumj & oran- ' Ibid, 
 
 ; the 
 
Benefices aud Revenues. 7 
 
 thp poor Church of Hierufdem ( f) - St. F^ul him- 
 ikif telling us, he went through the Churches of 
 Macedonia^ Achaia (g), Galatiaj and Cormth (h\ to 
 lolHcit their Charity : And this was oblerv'd even 
 after the Death of the Apoftles. 
 
 At Rome^ where the grcateft Wealth abounded, 
 the Offerings indeed were fo large, that about the 
 Year 150, they ferv'd not only to maintain tliQ 
 Clergy and the poor Chriitians 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 Chrillian Captives in the ieveral Pro- 
 vinces, and of liich as were condemn'd to the 
 Mines. 
 
 A Remarkable hiftance of thefe large Contribu- 
 tions, was that of Marcion^ about the Year 170, 
 who made an Oifering of 500 Drachmas of Gold at 
 one Time, in the Church of Rome. But becaule he 
 held certain unfound Do^lrines in Matters of Faith, 
 ihe expell'd him out of her Congregations, and re- 
 turn'd him all his Money, believing ihe lliould have 
 been polluted, in keeping the Money of a Hcre- 
 tick. 
 
 Afterwards the vafl Increafe oi her Wealth, from 
 the Year 220 began to be look'd upon with an envious 
 Eye,evenby the Emperors themfelves, and gaveocca- 
 fion to Deciui the Emperor, to feize thePerlbn of St. 
 Lawrence2LRormnTi<:2iCon^ in hopes to have made him - 
 
 (f) Difcipuli prout quiiq; 
 habebat, propofuerunt fmguli 
 in minifterium mit-tdre habitan- 
 tibus in Judxa fratribus, quod 
 i$c feceruntj mittentes ad fenio- 
 rts, per manus Barnabse, & 
 Sauli, AB* n. 
 
 (g) Probaverunt Macedonia 
 
 facere in pauperes faniflorum 
 
 qui funt in Jeruralem. 
 
 Cum confumnavero, & afligna- 
 vero eis frui^um hunc per vos 
 proficifcar in Hilpaniam^R^w. 1 5 
 {h) De colleAis autem quae 
 £unt in lanaos, ficur ordinayi 
 Eclefiis Galatise, ita & vos fa- 
 
 & Achaia collationem aJiquam cite, Caf, ult, i Or. 
 
 B 4 ^^^^ 
 
8 Of Ecclesiastical 
 
 lelf Mailer of the immenf e Treafiire of the Church ( i ), 
 which iie imagin'd to have been valHy encreas'd^ 
 raid laid up there \ but was difappointed by the Fore?? 
 fight of the ho]y Man, who rearing the Avarice of 
 tlie Tyrant, and the Perfecution that was then inir 
 mmtnty diftributed it all at once, as had been ufual 
 when the Church was threatnect with the like Ca- 
 lamities. 
 
 In EifeO: moil of the Perfecutions v/hich It iuf- 
 fer'd from the Death of the Emperor Commodu^y arofe 
 from the fame Caufe ^ for when the Princes, or their 
 Captains of the Guards wanted Money, they found 
 no ihorter Expedient for railing it, than by feizing 
 the Eftates of the Chriftian Church. 
 
 (i) St, Trudent'm: introdii- 
 ceth an Officer o{ Dccim^ thus 
 fpeaking to St. Lawrence : ^od 
 Cxfaris fcisy Ccefarz da, newpe 
 ptftum pcftulo ; nz fallcry baud 
 ziUam tuusfignat Deus pecumam. 
 
 Vi:(, Give to Caefar what thou 
 knoweft to be his. I ask what is 
 juft, for if I miil:ake not, thy 
 GOD coins no Money. In 
 lib* deCorom* 
 
 CHAP. IV. 
 
 AS the Churches became rich, the Clergy becaiiT* 
 fo much more at Eale, that fome of them, not 
 contented with a Subliftence in Common, began to 
 nffeft living feparate in Houfes of their^wn, and to 
 have each their Allowaiice paid in Money daily, or 
 monthly, or for a longer Time ^ a: -Method which 
 however it fell beneath the Primitive Perfeftion, was 
 yet tolerated by their Superiors. 
 
 But the Diforders ended not here, for the BIHiops 
 .cealing to make the ufiial Diftribution to the Poor, 
 relerved them to their own Ufe. Thus enrich' d 
 
 with 
 
Benefices and Revenues. 9 
 
 with the publick Spoils of the Church, and giving 
 themfelyes up to all the Methods of encrealiug them, 
 even to Ufury itfelf, they quite abandoned the Dod- 
 rine of C h R i s t. 
 
 And St. Cyfrian having lamented this to he the 
 Condition of Affairs in his Time (^), concludes. 
 That GOD permitted this great Perfecution under 
 the Reign of DevitiSy 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 Ipread 
 too far, by the Scourge of Perfecution. 
 
 But tho' the Church were now poffefs'd of fo 
 much Wealth, She had not yet attam'd to any real 
 Eftates, or Goods immoveable ^ both becaufe their 
 iirm expedation of the End of all things fo near 
 approaching, had lefieu'd their Tafte, and made 
 them regardlefs of the things of the World, whicR 
 they looic'd upon both as tranfient, and encumbring 
 in their Flight to Heaven ^ and that alfb, by the 
 Roman Laws, no Perlons were permitted to give or 
 bequeath by Will real Ellates to any College, So- 
 ciety, or Corporation (^) ^ nor thefe to accept them 
 without the Approbation of the Senate, or the 
 Prince. 
 
 (a) Epifcopi plurimi, quosl (b) Collegium fi nullo Tpe 
 
 & bortamento elle oportet ce- 
 teris 6< exemploj divina pro- 
 curatione contempta, Procura- 
 tores rerum lecularium fieri, 
 derelifta Cathedra, Plebe de- 
 ibrta, per alienas Provincias o- 
 berrantes, negotiationis quae- 
 ftuofae nundinas aucupari de 
 
 ciali privilegio fubnixum ilt, 
 hseriditatem capere non polle 
 dubium non eft. Lege 8 Cod, 
 dc' hs.rcdlt. inflituendis. 
 
 ThU Law was made by Dio- 
 cleiian and Maximian. Anm 
 Domini^ 290. 
 
 And 
 
lo 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, vv^hich give" a Reafon why thQ 
 Apoftles fold their Poiieffions in Judea, iiiying, It 
 was from the Foreiight the Apoflles had, Ihat the 
 ChriHian Ciiurch was not to remain in Jmieay but 
 to remove among the GcntiUs : As i^ the Reafon 
 were not exprefly let down in thefc Words of 
 Christ to his Church : Fear not little flock^ fell all 
 that you have^ and give it to the Poor, Luke 12. as if 
 Jerufalem after it was dellroy'd, had not great Num- 
 bers of Chriflians in it again, when it was rebuilt ^ 
 or that no City among the Gsnttles where the Chri- 
 ilians had any Poffeilions, had ever been deftroy'd. 
 
 But without lofing time to refute fo plain a Fal* 
 fity. It is a Point out of Dilpute, That thefe Let- 
 ters were forged and contrived about the Year 800, 
 by thofe who preferred Riches and Luxury (an Ex- 
 ample too ipuch oblerv'd in thole Days) to the Apo- 
 ftolick Simplicity, and Moderation, inllituted and 
 commanded by Jesus Christ. 
 
 Indeed during the Confufions, which continued a 
 long time in the Empire after the Impriibnmentr of 
 Videruny and the loole Oblervance of the Laws in 
 thole times, elpecialiy in Africk^ France and Italy^ 
 fome People's Zeal took hold of that Opportunity 
 to bellow alio real or immoveable Eftates on the 
 Church, which were all confilcated in^^the Year 302 
 by the Emperors Diode fianj and Maximiaiiy except 
 in Francey where Confiamm ChlortHy who govern'd 
 there, through an Eifed of his Goodnels, hinder'd 
 their Decree from being executed. 
 
 But thefc Princes having renounc'd the Empire, 
 Muxentim 8 Years after rcllor'd to the Roman Church 
 all its PoiTellions, a little after that Hie found the 
 
 fame 
 
Benefices and Revenues. 1 1 
 
 fame Favour from Conftantine (c) and Licivpu^ having 
 granted the free Exerciie of Reh'gion to the Chri- 
 liians, and allowed Congregations of th^ Clergy, 
 which in Greek were calJ'd Churches ^ made them al- 
 io capable of acquiring iix'd Revenues, or immove- 
 able filiates, throughout the whole Empire, either 
 by Will or Donation ^ with an Exemption from all 
 Services that were perlbnal^ that th^y might have 
 more Lealiire to attend the Duties of Religion. 
 
 (c) Lib. 4. Con, de EpifcopU ^ 
 Eclefiis, Habeat unufquilq; li- 
 centiam iandifHm^ Catholicse 
 fnempe fidei, religi'onis, aut 
 HccleliaSj a way of/peaking tifaal 
 hi Eulebius] venerabiliq^ Con- 
 cilio, decedens^ bonorum quod 
 optavit, relinquere. Non iint 
 
 CalTa Judicia: Nil ell quod 
 niagis hominibus debetur quam 
 ut fupreniae voluntatis, poll- 
 quam aliud velle jam non pofunt 
 liber lit ftilus, 6c licens quod 
 iterum non redit arbitrium. 
 Anno -21. 
 
 C H A P. V. 
 
 IT was not till long after this, that the Cu- 
 l^om prevail'd of giving or bequeathing Eftates 
 to particular Purpofes, fuch as of Buildings of 
 Piety, providing Marriage Portions, maintaining Or- 
 phans, &c, or yet of giving with a Condition an- 
 nexed, of flying €0 many MafTcs, or other Divine 
 Services. But before they gave or bequeathed abfo- 
 Jutely, and the Gift or Legacy was thrown into the 
 Common-ftock, 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 
 thole with whom they are entrulled ^ bccaule they 
 
 arc 
 
12 Of Ecclesiastical 
 
 are really given to a general Deiign of Piety and 
 charitable Works. 
 
 The Exemptions of the Clergy from the publick 
 Contributions (a)^ miift be own'd to have been one 
 occafion of the great Encreafe of Wealth to the 
 Church : Which was every where inviolably ob- 
 lerved, equal to the Satisfadion both of the Princes 
 and People ^ and which turn'd in no Ibrt to the Pub- 
 lick Prejudice. 
 
 For feeing the Goods of the Church belong pro- 
 perly to People of the loweft Condition, thole only 
 were exempted, who had nothing of their own, and 
 thole 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 oppreiling others. 
 
 But we are not thence to infer, That it were as 
 reafonable for Princes to continue the fame Bounties 
 ts;> the Church, now that It is become ib rich, that 
 It poffeiTeth a fourth Part of all Eftates ^ which is 
 doubtlels more than is left for all the reft of the 
 People (i) : And thele Eftates being no longer laid 
 out upon the Poor, To exempt the Clergy would be 
 a direft Contradiction to the Practice 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, Theod, de ^^z/t-, Irience in AffairSjCJCprefly blames 
 ^ EdepiSi Qui divino cultui the Bounty of Xew/V XI. to the 
 minifleria rellgionis impendunt. Church. Saving, He gave much 
 id eft, qui Clerici appellantur, j to the Church, but he had bet- 
 ter have given lefs ; for he took 
 from the 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 j for the 
 Clergy had too much. Cap, ult. 
 Lib, 53 ^ 7, Lib* 6. of his Me- 
 moirs. 
 
 So 
 
 ab omnibus omnino muneribus 
 excufentur, ne facrilego Livore 
 quorundam a divinis obfequiis 
 avocentur. Confiant. mag, I, 9. 
 Cod. Theod, eodem titulo. 
 
 (i) Seeing the Clergy make 
 up but a very I mall Part. 
 
 (2) Thil, de Comnesy whofe 
 Piety was as great as his Expe- 
 
Benefices and Revenues i^ 
 
 So that the Princes of our Times want not the Piety 
 of their Predecelibrs^ yet Circuirjftances make the^ 
 Cafe very different ^ for the Church would now alio 
 be exempted if ihe were poor, and ihe never would 
 have been exemptedj had ihe been rich. 
 
 CHAP. VI. 
 
 TH E lame 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 clearefl Intentions among 
 them were not wholly exempt. 
 
 For iince the Diftribution of thele Goods turn'd 
 to the Glory of GOD, and the publick Good, 
 they concluded that the more the Church had to 
 beftow, the more, thole Ends would be anfwer^d : 
 Thus in the View to ib great a Merit, they fet them- 
 lelves with all their Skill and Indullry about fo plea- 
 ling a Task, without confining themlelves to the 
 Lawfulnefs or Juftice of the Methods ^ but if the 
 Church were enrich'd, by whatfoever means, they 
 thought they made a pleafing Sacrifice to GOD. 
 
 And certainly from thele indifcreet Zealots, and 
 the want of a due mixture of Dilcretion, have flow'd 
 innumerable and incurable Milchiefs : For they 
 imagining every thing jullifiabie (i), that is done 
 with a View to Religion, by afting both againft that, 
 and even of Humanity itlelf, have often let th& 
 World in dreadful Combuftions. 
 
 . Ci) Devitantes hoc, nequis r non folum coram Deo, Ted etiarn 
 Qos viCuperet providemus bona, ' coram hocnii^ibus, 2 Grinth 8. 
 
 Thus 
 
14 Of ECCLESIASTICAX 
 
 Thus it happen'd when firft the Church was al- 
 lowed to acquire real Eftates ^ fome religious Perlbns 
 enteitaining an Opinion, That it was a Service to 
 GOD, to difinherit the Children and Keirs of 
 Families, in order to give their Eftates to the 
 Church, omitted no Artifice to perfuade Widows, 
 Maids, and other eafy People, ready to receive any 
 Impreiiions to deprive their own Fainilies, and make 
 the Church their Pleirs (2). 
 
 And this Diltemper grew to inch a height, that 
 the Prince was obliged to provide againil it, by 
 an Ordinance made in the Year 370. which in truth 
 did not put the Churches abfolutely into an Incapa- 
 city of encreafnig their Eftates, but forbad Church- 
 men only to frequent the Pioufes of Widows and 
 Orphans, or to receive any Gifts by Will or Dona- 
 tion from Women im.mediately,or by any 3d Hand(' 3). 
 
 Which Ordinance St. "jerom acknowledges to have 
 been a good Step towards th^ Remedy of a Corrup- 
 tion, which had taken too deep Root among the 
 Clergy (4), namely an immoderate craving after 
 temporal Riches. 
 
 (2) Charkmal'j n m^AQ ^hA\w 
 to forbid the Churches to re- 
 ceive any Cifts^, which dilinhe- 
 rit Children and Kindred, 
 
 (3) Ecclefiaftici aut ex Ec- 
 cleliafticis Viduarum ac Pupil- 
 lorum domus non adeant;, led 
 publicis exterminentur judiciis, 
 il eos Affines earum vel pro- 
 pinqui putaverint deferendos. 
 Ceniemus etiam ut memorati 
 nihil de ejus mulieris;> cui fe 
 privatim fub prsetextu religonis 
 adjunxerintj liberalitate qua- 
 cunq; vel extremo judicio pof- 
 iint adipilci, & omne in tantum 
 ixieflicax fit^ quod alicui horum 
 
 ab his fuerit dereli(5l;um5 ut nee 
 per fubjeftam perfonam valcant 
 aliquid vel donatione vel tefta- 
 inento recipere. Lege 20. Cod, 
 Theod. deEpifc, ^ Ecdef, 
 
 (4) Audio in fenes, &: anus 
 abfq; liberis quorundam turpe 
 lervitium. Ipii apponunt ma- 
 tulam, obfident ledtum, puru- 
 lentiam ftomachi ^: phlegmata 
 puhiionis manu propria i'uicipi- 
 unt. InEpifl.adEuflcch, 
 
 IlJae quie lacerdotes iuo vide- 
 rlnt indigerepraefidio eriguntur 
 ad fuperbiaiTi;, 6: -quia marito-- 
 rum expertae viduitatis prsefe- 
 runt libertatem. In one ofhU Ep* 
 
 Yet 
 
Benefices and Revenues. 
 
 15 
 
 Yet this was not found fufficient, without another 
 Ordinance, made a few Years after, That Widows 
 wlio devoted themfelves to the Church, fhouid nei- 
 ther give nor leave by Will any immoveable or real 
 Eftates, or Moveables of great Value (^). Of which 
 it is dilcours'd more at large elfewhere. 
 
 Nor were thele exceflive acquilitions pleafing to 
 St. Auguftinej who liv'd in thofe times, and declar'd 
 him felt' freely upon this Head, that he thought it 
 more realonable that Inheritances ihould be \<^^t to 
 the next of Kin than to the Church (5). 
 
 Which Opinion he confirm 'd by refufmg G'l^t^ 
 that were lett to his own Church. He likewiie de- 
 clar'd, That a due Miniftry in the Church did not 
 confift in dillributing much, but in being well ap- 
 plied. He blam'd a Method of encreafing the £- 
 ilates of the Church by making Purchafes of real 
 Eftates with the overplus of its annual Rents. He 
 never would lliffer this Abuie in his own Church, 
 declaring againft it in his Sermons, and that he had 
 rather live on the Offerings and Colleftions that were 
 made in the primitive times of the Church, than 
 to be charg'd with tlie care of an Eftate, which 
 would interrupt the Leifiire that was neccelTary tc^ 
 the right difcharging the principal Duty of a Bi- 
 ihop: Adding, that he was ready to renounce all 
 
 (a) Ipfa tantum prssdiorum 
 fuorum reditus conlequatur, de 
 quibus ierVandi, abalienandi, 
 donandi, diftrahendi, relinquen- 
 di, vel quod lUpereft, vel cum 
 in fata concedit, & libera ei 
 voluntas eft^ Integra fit poteftas. 
 Nihil de monilibus, & iupel- 
 lefiile, nihil de auro, argentOj 
 caeterilq; clars domus infigrdbus 
 iub religionis defenfione conlu* 
 
 mat: Sed univer fa Integra In H- 
 beros, proximos velinquolcun- 
 que alios arbitrii fui exiftima- 
 tione tranfcribat. *Ac fi quando 
 diem obieritj nullam Ecclefiam, 
 nullum Clericum, nullum Pau- 
 perem, fcribat hscredes. X. 27, 
 Ccd, Iheccl Jinno 39c. 
 
 (5) Tojftd, in vita- Aucufl. 
 
 Pofieflions 
 
1 6 OfEcCLESlAStlCAL 
 
 Poffeffions in the World whatfbever, provided a 
 Maintenance were alloted to the Servants and Mi- 
 nifters of G O D, according to the old Teftament, 
 (b) either m Tythes or in other Alms : io as they 
 might not be diverted from their Duty, by the Cares 
 infeperable fl'om temporal Concerns. 
 
 Yet neither the eyxellent Exhortations of the Fa-^ 
 thers^ nor the Laws of Princes were of Force to let 
 any Bounds to ttiQ growing Wealth of the Church, 
 but that k exceeded all Meafure. 
 
 The ancient manner indeed of adminiftring and 
 diipeniing theie Eftates, wasftiil kept up, and lb con- 
 tinued until the Year 420. without any remarkable Al- 
 teration. Ailthe Alms, andPvevenues arifmgfrom real 
 Eftates, were yet in common, and under the Care of 
 Deacons, who had for their Affiftance Sub^deacons, 
 and other Stewards employ 'd in providing for the 
 Maintenance of the Clergy and the Poor. The 
 College of Priefts, and th^ BiHiops chiefly were the 
 Supervifors j and an Account of all Receipts and 
 pisburlements was kept. So that the Bifliop orderU 
 all the Diilributions, the Deacons executed his 
 Orders, and all the Clergy were maintain'd ou.t of 
 the Revenues of the Church, tho' they were not all 
 in Fun^lions. 
 
 St Jphf? Chrifoftome maketh mention. That in thole 
 times the Church of Antioch fed more than 3000 
 Mouths. It is alio certain. That the Church of 
 Jertifalem defray'd the Expences of an infinite Num- 
 ber of People, who reforted thither from all Parts. 
 
 (b) OmHes decim32 terrse five 
 de frugibus, five de pomis arbo- 
 rum Domini iUnt. Levit, uJt, 
 
 Primitias ciborum noftrorum, 
 & poma omnis l^gni, vindemiae 
 quoq; & olei, afferemus facer- 
 dotibus. Ipfi Levitae decimas, 
 
 accipient operuni noflrorum. 2 
 Efdr. 10. 
 
 Thefe Tenths and Firft-fruits 
 as being of the ^ewzjh Inftituti- 
 on, were abolifh'd by the new 
 Law. 
 
 And 
 
Benefices and Revenues^ 17 
 
 And we find in Hiftoiy, that Attinis Bifnop of 
 Confiantino^le^ afliiled the Church oi' Nice in Bithyalay 
 on occafion of a Concourfe of poor People to tliat 
 City, wherein were numbred ten thoiifand in cne. 
 Day. 
 
 CHAR VIL 
 
 BU T after France^ Spain and Africk were creel- 
 ed into two diflin^l Kingdoms from theEmpirCj^ 
 the Pofterity of 77;f5^o/7^extin£i:, and Italy ^ by the 
 luccelTive Inundations of divers barbarous Nations, 
 made fubje£l, at Jafi:, to the Power of the Goths ^ and 
 tliQ Eaftern and Wcll:crn Em.pires torn alimder from 
 each other ^ the Government of the Churches alia 
 took another Porm. The Eaftcrn Chuichiept ftill 
 the cftabliih'd Ufage of living in Common : But in 
 thQ Weftcrn, the Bii].iops, from being Supervifors 
 and Adminiilrators of the Revenues, began to uic 
 them as if they were their own ^ ?nd to aifume a 
 fort of abiolute Power in their Diipofition. Hence 
 foilow'd great Confufions in the Application of thefe 
 Ellates, to the great* Detriment of the Fabricks, 
 which fell to Ruin ^ and of the Poor, \\\\o Vv'cre 
 left deftitute and unprovided for. 
 
 It was therefore order'd(^) in the Wcfbern Church 
 about the Year 470, That a Divifion ihould be 
 
 (a) Pope Gelafius in Canon \ tas admittit, fi-ut faudum ra- 
 quatucr^ 27, 12. q. 2. which 'j tionabiliter eit decrcti.!!^, con- 
 is in the Year 494, flieweth tut- j venit fieri pprtlones, quaruiil 
 ficiently that this Uiage -was ; fit una Pent! fids, altera Cleri- 
 ellahliih'd ibme time before, i corum.tertia pauperuin, qu ana 
 
 Quatuor auteni tarn de redi- tabricis app!icanda. Vide Can. 
 tu, quani de oblatione iide'ium, \vohii 23. iad^m quaft, 
 prout cujuQibet Eccieii.Te lii:ui- ] " 
 
 C tnade 
 
l8 Of ECGLESIASTIGAL 
 
 made into Four Parts : The firil was to go to the 
 Bi/hop, the iecond to the reft of the Clergy, the 
 third to the Fabrick of the Church, in wliich, be- 
 iides that properly 16 called, was alio comprehended 
 the Habitation of the Bifhop, 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 St. Gr^ory^ included only the Poor of 
 t\\t Place : For Holpitality was incumbent only on 
 the Bilhop, who was oblig'd, out of his own Share, 
 to lodge all the ftraiiger Clergy, and to defray the 
 Expences of the Poor which came from abroad. 
 
 Yet it is not to be liippos'd, that this Divifion 
 was made into four Aritiimecical and equal Parts, 
 but only Proportional : For the Number of Clergy 
 in fome Churches required a larger Share than the 
 Poor ^ whereas th^ Contrary fell out in other 
 Churches, where the Poor were more numerous 
 tlran t\\^ Clergy. And as in great Cities the Ex- 
 pence of the Fabrick was greater than in the lefTer, 
 every Church, which agreed to this Divilion into 
 Four Parts, fettled it in a different Proportion, as. 
 Circumftances required. 
 
 I know that fome have attributed this Divifion to 
 Pope Silvefiery who liv'd 1 50 Years before, ground- 
 ing their Opinion on ^om^ Writings which have 
 been forg'd lince, with little Honour to thofe Times, 
 which lay not then under fo corrupt a Charader. 
 
 . In the Thcodofian Code we find a l^zvj o^ Conftan^ 
 tim and Julinn^ bearing Date in the Year 3 55), wnich 
 
 * Whereas before, the iirfl: j when all was in common a- 
 Part was for the Poor, ^7^;. ' mong them. 
 
 exempt? 
 
Benefices and Rdvenues. 19 
 
 exempts the trading Clergy from paying Duties (/^j), 
 becaule all they gain'd went to the Poor. So far 
 they were from dividing the Revenues of the Church 
 among themfelves, that even their Gains they threw 
 into the Common-flock. But about the Year of our 
 LORD 500, ho vv ever the Revenues had been di- 
 vided into Four Parts, yet the Funds out of which 
 they arofe, whether immoveables, Oblations or 
 Alms, were brought under no Divilion themielves, 
 but only the growing Rents continued under tlie 
 Diredion of the Deacons and Sub-deacons, jointly. 
 ' A Recapitulation of this Matter leem'd the more 
 requifite here, becaule the following Ages will pre- 
 fent us with a Form of Government Co intirely dif^ 
 ferent from what has been delcrib'd. 
 
 We have already fet forth the Method inllituted 
 by the Apoiiles, for eledingMinifters in the Church, 
 viz.. That the Biihops, Prieils, and other iMir.ifters 
 of the Word of G O D, as alio tlie Deacons, who 
 had the Adminiftration o: the Temporals, iliould be 
 ele£l:ed by the w^hole Body of the Faithful, and then 
 ordain'd by tliQ Biihop, by Impolition of Hands ; 
 which continued without Alteration. The Biihop 
 was elected by tliQ People, and ordain'd by the Me- 
 tropohtan^, in the Preience of all tliQ Biinops of 
 the lame Province, or at leaft, with the Conient in 
 
 (^) Z. 8. O-d. Thecd. de Epifc. 
 ^ Ecclefiis Anno 340. juxta 
 fanftionem quam dudum me- 
 ruijire perhibemini,' & vos & 
 mancipia veilra nullus novis col- 
 latlonibus obligavit, led vaca- 
 tone gaudebitis. 
 
 Prseterea neq; hofpites fuf- 
 clpietis, 6: fxqui de vobis ali- 
 monise caufa negotiationem ex- 
 ercere volunt, immiiDiiate po- 
 tientur. 
 
 St. Jerom exclaims agai nil- 
 there Privil-iges, h'igdTcti^m . 
 Ckricamy i'aith he, (j ex Jmpe 
 divztcf77y ex igiicbU'z glcricfuWy 
 quafi quancdyn t):[itm jugs - — - 
 Cui nundinx^ f ra placent, C^ 
 plaktXy ac 7776 ilicc rum tab>;rn^V4 
 lip. 2. ad Nepotianum. 
 
 '^ Vide Apptndicem ad Ca« 
 pitul. fag, 1372% c<7p.4. 
 
 Writing 
 
a<:> Of ECCLESIASTICAJL 
 
 Writing of thofe who could not be prelent. Or if 
 vdiy Accident hinder'd tliQ Metropolitan from at- 
 tending, the Ordination was peri^orm'd by three of 
 the neighbouring Biihops, with the Confent of him 
 and of the other ablent Biihops. And- afterwards, 
 when to improve this Form or Government, feveral 
 Provinces were made fubjed to one Primate, his 
 Content alfo was required to the Ordination. 
 
 The PriefLs, Deacons and other Clergy were alio 
 preiented by the People, and ordain'd by the Bi- 
 iiiop *, or eiie nominated by the Biihop, and with 
 thQ Confent of the People ordain'd by him. No 
 Perfbn chat was unknown was admitted, nor did the 
 Biihop ever ordain p.y^. but luch as v\?ere approved, 
 or indeed propos'd ty tiiQ People. 
 
 Wiioie Concurrence w^as thought lb necei%ry, 
 that the Pope, St. Leo^ proves at large the hivaii- 
 dky of a Biihop's Ordination without it (c). hi 
 This all the Fathers of the Church in thole times 
 agree. And Confiance being choien Biihop of Aiilan 
 hy the Clergy, St. Gregory thought he could not be 
 coniecrated without tnc Cohfent of the Inhabitants, 
 who being at that time retired to Genoa ^ to avoid the 
 Pvavages of tliQ barbarous Kations, a Meliage was 
 iiril- lent to them at his Inltance, to know their 
 Pleafure. A Tiling w^hich may jufbly be recom- 
 mended to the ObJervation of this Age, where we 
 are taiight that EledHons, wherein the People ihould 
 precend to have any Share, would be unlaw rul and 
 
 {c) C\ixn ergo de lummi fa- . nieritis: Tantiun utnullus invi- 
 cerdotis eled'iione traiiahitur, j tis., 6: nonpeter.tibus ordinetur, 
 iile omnibus prjsiponatur quem ne Civitas Ppilcopum non op- 
 Cleri plebilq; conlenlus concor- tatum aiit contemnat, aut ode- 
 ciiter poftuler.t, ita ut fi in j rit, ^^ fiat minus religiola quam 
 aliam -Forte Perfonam partiuin convenit cui non Jicuerit habere 
 le voiadivifirintj metropolir.ani quern voluit. 
 Judicio is alteri Prscterarur qui j Ep'ij}, I2. adAnaftafium Tbef 
 major [bus oc iludiis juvatur & faknicenfem^ cap, 5'. 
 
 invalid : 
 
Benefices and 'Revenues, a I 
 
 invalid : So chang'd, and ib inverted are Cuiloms, 
 as to make Good and Evil change their Names, cal- 
 ling that lawful which was formerly reputed detefc- 
 able and impious •, and tliat unjuil:, which had then 
 the Reputation of Sandity. 
 
 Sometimes a Biiliop who was fuperannuated, 
 nam'd his SucceiTor ^ as S'c, Auguftlne nam'd Eradh^. 
 But neither was this Nomination of any Force with- 
 out tiie Approbation of the People. All Thele are 
 Particulars as necellary to be well underftood, us 
 they are to be remember'd, in Order to confront the 
 Practices of fucceeding Ages with thele Primitive 
 Examples, 
 
 CHAP. VIII. 
 
 A Little Digreflion v/ill here be nccciTary, to take 
 in one of the moft memorable Can fes, and 
 Springs of Wealth to the Church, wdiich happened 
 about the Year 500. This was an Infiitution of ilc- 
 ligious Colleges calPd Monafierles, 
 
 Monachifrn began m^Hgyft about the Year 300(1) 
 occaficn'd by the Pi^riecutions of thofe Who iied 
 thicher for Refuge. From whence it pafs'd into 
 
 Greece y 
 
 (i) Ihsre wcrs Mcnls hi 
 7Fg)-pt kiig bejlre^ accord in<i^ to 
 Cailian. Cum in primordiis 
 fidei pauci quidem, led proba- 
 tiirmii, Monachoruni nomine 
 cenferentLir, qui ficut a beatie 
 memorise Evangeliila Marco, 
 qui primus Alexandrinoe urbi 
 lontit'ex prisfuitj norman iul- 
 
 cepere virendi, ^c^ Lib. 2. de 
 !nfliLCxn:b. cap. ^,. 
 
 Ne ilia Ecrlefia, quae inter 
 ipfa Evangelii Prlncipia B. I^'^ ar- 
 cum, B. Petri Apodoli dilcipu- 
 lum, in omnibus utiq; docloris 
 liii magifter^o confonantem ha- 
 bult fundatorem, ^c. Leo mag^ 
 E0. 77. 6-^p. 4, . 
 
 C 3 ?^/^{ft 
 
a^ Of Ecclesiastical 
 
 Greece y where St. Bafil about the Year 370. gave 
 it the Form it has preierv'd ever lince in that 
 Country, And about the Year 350, Athanafms 
 brought it into hdy^ : But at Forney and m the Parts 
 adjacent, it found few Followers, and little Encou- 
 ragement, until the Year 500, when St. Ec^idtiusy and 
 St. Eencdici gave it a more lafting Form, and made it 
 ipread. Yet the hillitution of St. Equitm fail'd 
 foon, but that of St. BenedlH; extended itlelf all over 
 Italy J and even beyond the Mountains. 
 
 hi thofe Days, and for a long Tim.e after, the 
 Monks were no Ecelefiafticks (2), but Laymen, and 
 in Convents, which fiood vvithout the Cities ^ liib- 
 fifting on their own Labour in Husbandry and other 
 Trades, ai>d on the Oblations of the Faithful 5 of 
 all which th^ Abbot had the Management. 
 
 But in the Cities they liv'd on their own Hand- 
 labour, and thQ Share which was allotted them by 
 the Church of that Place. Theie retain'd their an- 
 cient Difcipline much longer : And as the Clergy, 
 after they began to ihare the Goods of the Church 
 among themleives, had left much of the Reverence 
 
 K Ep:jt, ic. ad Epifccpcs 
 vrann. cap, 6. St. yintcny was 
 the iin% who brought the 
 Monks to live in Common. A 
 • Proof, That that Life is not in- 
 Coniiilent withSolitude : V>. hlch 
 Point yiwD'Offat prefTeth with 
 great ftrength oF Reaibn, to an 
 Abbot oFthe Order ofFeuillans. 
 A Monkj faith he, who attends 
 Mattins, and other Services, 
 enjoin'd, and employs the reil 
 ©f the Day in Study, or in feme 
 other hcneft way, is Iblitary 
 enough, ana needs no other Dt- 
 iert but his Convent, ^nd the | 
 AncieiitSj in calling a Convent' 
 
 CcEfiobrum, and thoie in Religi- 
 ous difcipline Monks, fhew, 
 that Solitude may eafiiy be 
 found in Community and So- 
 ciety. 
 
 (2) Alia Monachorum eft 
 caufa, alia Clerieorum, faith 
 St. ]trom, u^ndajrarn, Clerici 
 pa fount oves;, ego pafcor. JEpifi. 
 ad He lied. 
 
 But tho' the Monaftick Life 
 were very dififerent from the 
 Eccleilaftick, it was hawever a 
 Step to Orders. Sic vive^ iaith 
 he to a Monk, ut Ckricus ejje 
 mtrearis. Epift. ad Rufticum. 
 
 tlicy 
 
Benefices and Revenues, 25 
 
 they had among the People, whole Devotion by 
 that Means was extinguiih'd *, few continued their 
 Bounties to the Chiu'cii, and there had been an End 
 to all its Acqnifitions, if the Monks, by continuing 
 to live in Common^ and exerciling Works of Cha- 
 rity, had not reviv'd and turn'd all the Stream of 
 the People's Devotion . on themielves. Thus they 
 became, in time, very powerful in Inheritances, and 
 Poileffionsof all Kinds: Every one finding aflronger 
 Invitation to his Charity, as he faw' It was then 
 employed in maintaining great Numbers oi Monks, 
 in educating Youth, and other Works of Piety and 
 Holpitality (3). The Abbot Trlthemius reckons the 
 Islumber of Monasteries o? Beneditlwes were 150C0, 
 befides the leffer Convents. The Monks choie their 
 own Abbot, who govern'd in Spirituals, and had the 
 Difpofal of all the Oblations, as w^ell as of ^11 they 
 gain'd by Labour : Afterwards, alio Pie had the 
 Management of the Revalues arifing from their im- 
 moveable Eflates. 
 
 (3) Me\^ray laith in the Life 
 o^ rhil, Auguflmy That the Mo- 
 nafteries of the Bcnedlilines 
 were as Inns for Receipt of 
 Gentlemen and other Travellers 
 ^rafisi ^^'^ Schools to teach 
 their Children. 
 
 Another thing contributed 
 much to the Encreafe oi' Mona- 
 chifm, Avhich was, the Means 
 they had found to fucceed to 
 their Fathers Eltates, which at 
 their Death they left to their 
 
 Convent, ^ar/7 eo temfcre fer- 
 vcr McnaftrCiS Rdigicnh tcpue- 
 rat. '^am unufqurfq^ in bcn/s 
 Parcntum fucrum b^eres fieri 
 qu:eri'.bat : Undz qu'idam tcrun?^ 
 quid [lb I acquzfiverant, tnfcrvi' 
 tium jratrum-) ^ ccmmuntm u- 
 tzlitatev? Led pubJice ccritrade-f 
 bant. Chronicon. S. Benigni 
 Divion. Anno 789. Tom. i. 
 Spicelegii Acher, pag. 402, & 
 403, 
 
 C4 
 
 CHAP. 
 
24 of Ecclesiastical 
 
 CHAP. IX. 
 
 BU T after the Year 500, the Biiliops being be- 
 come the abfokite Dilpencers of thQ Fourth 
 Part of tliQ Goods of the Churchy they began to 
 employ more of their Care on their Temporal Af- 
 fairs, and to make Parties in the Cities: So that 
 Elections were no longer carry 'd on with a View to 
 th^ Service of G O D, but manag'd by Fadion and 
 Intrigues, which often proceeded to open Violence. 
 This gave the hrfb Alarm to Princes, who had hi- 
 therto little concern'd themfelves, in the Choice of 
 the Miniftry ^ but when the Holy -men of thole 
 times began to declare. That GOD had piac'd tho 
 Churc^ under their Protection, and that they were 
 anlwerable by that Divine Commiffion, to lee that 
 ttiQ Affairs of the Church iliould be adminifter'd un- 
 der regular and legal Forms of its own. This open'd 
 th^ Eyes of Princes, and made them capable of dif- 
 cerning hov/ much tliQ Interefts of ambitious Clergy- 
 men, and the feaicious Cabals form'd on thefe Oc- 
 cafions to obtam the Dignities of the Church, en- 
 danger u the publick Peace, and the Interefl: of the 
 C''vii Government. 
 
 Mov'd tiierefore, partly by Religious Coniidera- 
 tions, and partly by Keafons of State, they now be- 
 gan not to fiilYer the Clergy and the People to de- 
 termine Eie£l:ions by themlcives, and_ according" to 
 their own PafTfons. For feeing Men now no longer 
 avoided and fled from Biihopricks, but c%^en made 
 Intereft for them with all the Courtlhip and skilful 
 Solicitations they could ufe *, lb great a Change o- 
 pen'd a Way to Factions, and coniequendy to Se- 
 ditions, and fometimes Bloodfl'ied at the Inlligation 
 of the contending Parties. 
 
 Some- 
 
Benefices 'Sind Revenues 25 
 
 Sometimes the Inconveniencles were no lels by 
 Eledions falling on People dilatteded to the Govern- 
 ment, and flich as enlertain'd lecret Correfpondence 
 with the Enemies of the State, which, during the 
 Weftern Confuiions, were never iriconfiderable : 
 Or otnerways, by Eleftions falling on hich who af- 
 terwards actain'd to great Popularity, which they 
 apply'd to ufurp the Power of the Magiftrates, and 
 tlv:n to incite the People to iupport their Innovations. 
 
 Thefe Diftempers produced an Edift^ that no 
 Perfbn ele&d fhould be confecrated without the 
 Approbation of the Prince or Magiftrate, relerving 
 to themfelves the Right of confirming the great Bi- 
 jQiOp ricks, fuch as thofe in Italy of ]<omey Ravemiay 
 and Milariy and leaving the Care of the others to 
 their Min-fters. 
 
 But in thole 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 fbme one o/that em^'nent Merit, that 
 was equally the Inclination both of Prince- and Peo- 
 ple, upon a Vacancy he was confecrated forthwith, 
 without other Formality. 
 
 Somedmcs Accidents of Wars or Plagues might 
 haften the Confecration of a Biiliop, before the 
 Princes Confirmation were obtairi'd (^) : As it hap- 
 pened in the Cafe 01 PeUghts II. Rome being then be- 
 lieg'd by the Lombards. But after the Siege was 
 rais\i, that Pope lent St. Gregory ^ who was then 
 Deacon, and aixerwards his SucceiTcr, to excufe it 
 to the Emperor, and to beg he would confirm what 
 Kecefliiy had obliged to be done. 
 
 (a) Poft Benediftum Papam i bardx Roiium per Circultum 
 
 ' Pelagius Romanx Ecclefise /on- \ obfider.';nt • nee polfet qnljquam 
 
 tilex abl'q; Juifione Principis or- i a Roma egredi. jVar/iejrid d? 
 
 ^inatus eil; Eo c^uod Longo- Igejiis LQi^^bard, Lib, 3- ^'^'f.* 2c. 
 
 ■ la 
 
i26 Of Ecclesiastical 
 
 In this Manner, that is with the Imperial Sandi- 
 on, the Popes and Bifhops continu'd to be cholen in 
 Jtaly until the Year 750. But in France y and other 
 Countries beyond the Mountains, the Royal Autho- 
 rity, and even that of the Mayors of the Palace, 
 appeared more ablblute ^ for the People, as foon as 
 thofe Princes concerned tliemlelves in Elections, de- 
 iifted intirely and withdrew tliemlelves from them. 
 Good Men acquiels'd, in Confidence that their Prin- 
 ces would take all the Care that was necefTary m 
 that Matter •, and ill Men dcfpair'd to bring about 
 their Defigns : So that the Kings of France had the 
 fole Collation of all the Biihopricks throughout their 
 Kingdom. 
 
 Through all the Hiftory o^ Gregory of Tours^ from 
 the time of Clouis the firft Chrillian King of France ^ 
 until the Year .590, w^^nd. no Inftance of any one 
 Biihop being made in any other Manner than by the 
 Islomination or Conlent of the King (^)- And St. 
 Gregory I. who was made Pope in tliat Year, writing 
 to the Kings of France on divers Occalions, laments 
 that Biihopricks were beitow'd on Men not liifficient 
 for tliat Charge ^ befeeching them to choole Men of 
 Probity and Capacity, but without any Objection 
 to the King's Right of Nomination, linlefs it were 
 want of Meric. 
 
 It 
 
 (J)) Tnterempto Rullico Ca-jquam de eo aeflimationem ha^ 
 turociurbisEpircopo,conrenrus! beret. Tale niniirum de ilia 
 Regis & Civiumpavi iententIa|Rex civibus & Epifcopis:, cun- 
 in Epifcopatum Defiderii afpi- jcftoq^populoteftimoniumdedit, 
 ravit. Nam licet luggelHo Ci- ' ' - -i^i-=-— ^-.^- •- - 
 vium ad Praefules & Frincipes 
 jam pr^ecefTerit, Rex tamen pro 
 
 iioc amantiffima &valde ambi- E^jfc, Caturc, cap. d, tcm, i 
 enda prsecepta dedit, in quibus Biblid. MS» Labbei, p* 703. 
 
 perfpicue agnolbitur, yel quam- 
 
 ut jure plebium teilimonia re- 
 gia oracula praecellerent, ac prse- 
 venirent. Jn vita S, JDefideril 
 
 Vv hence it appeareth. The 
 
 obrem hunc Rex dili^eretj yel j People chofe, hut that the ¥.- 
 
 lectio !> 
 
Benefices and Revenues. 7j 
 
 It was eafy for thofe Biihops when once they 
 were made without the Authority of the People, to 
 exclude the People alfo from the Choice of Priefts, 
 Deacons, or other Ecclefiafbicai Minillers, and to 
 transfer that Right to the Prince alone. Some Part 
 of the People having wholly withdrawn themfei-ves 
 from Eccleliaftical Congregations, to attend their 
 domeftick Aifairs, others to avoid popular Factions, 
 others again, upon finding themielves concemptu- 
 oufly treated by theBiihop, whofe Power was grown 
 to an inconvenient Size, by his Wealth, and the 
 Intereft he had in his Prince, of whom he held his 
 Biilioprick by >^omination or Confirmation. And 
 Ibmetimes the Prince would name the Perlbns to be 
 ordain'd, or would commit that Care to the Bialiop, 
 eipecially when he happen'd to be in his Prince's 
 Confidence. And this otten brought him to be far^ 
 ther uleful, either in making up Diiierences among 
 thQ People, or in decidng difficult Caufes referred to 
 him by the Prince. 
 
 le£lion ought to be confirm'd by 
 the Prince. Vv hich is leen in 
 a Letter of Z>agobert, reported 
 in the Life of St. Didier, vi^. 
 
 Juxta Civium petitionem, 
 noilram quoq; concordantem in 
 omnibus voIunta'.em decerni- 
 mus, ac jubemus ut adjuvante 
 & clainante laudeni ipfius Cero, 
 vel Populoa vir illuilris, 6v ve- 
 rus Dei cultor Defiderius I on- 
 tifex inurbe Caturci debeat con- 
 fe:rarij i<: r.oilra civiumq; vo- 
 luntas^ quod decrevit in Omni- 
 buSj in Dei nomine p riiciatur, 
 & pontificali benediftione lubli- 
 matus, pro nobis, ^: pro uni- 
 verfis ordinibus Ecc'eiise debeat 
 cxorarej, 6c acceptibiles Deo 
 
 hoftias ftudeat ofE^rre. — Qua 
 de re, prselenti authoritate de- 
 cernimus, ut di^^us Defiderius 
 Epilcopatum in Caturcenfi urbs 
 prsefentiaiiter iufcipiat. Ht ut 
 hsec deliberatio voluntatis no- 
 llrse firmior habeatur. manus no- 
 ilrx praslcriptione i'ubter earn 
 decrevimus rohorare. 
 
 I Lib, 4. Eptft 53. adCblJds- 
 bert. ^ t:?v. i. QnciL Gall, 
 Epifl, 5. ad Tirunicbilden?, Lib, 
 7. Ep, 5. ^ * w. I- Ccnctl. Gall, 
 Eprji. 22. ad Lrunich, Lib, 7» 
 Ep, 13. ^ liom, I. Cone, Gall, 
 Epifl, 27. ad The c done. ^ Theo- 
 debert. Lib. 7, epifl, 114. ^ 
 tc/>7, I, Oncih Gall, epifl, 28. 
 
 For 
 
a8 Of Ecclesiastical 
 
 For the Relpeft ihew'd to Religion in thofe Days 
 having rais'd the Biihops to a Credit, which was 
 not ordinarily aiforded to Magiftrates, engag'd them 
 more in theie fecular Functions than in teaching the 
 Dodrine of Christ, in which ignorant Men had 
 thought, at iirft, confifted their principal Duty. 
 So that to be a worldly prudential Man was a better 
 Qiialification for a Biihop, than to be a good Cafiiift. 
 Which holds good to this Day in that Saying, I'hat 
 except it be in Places confining on the JpfidelSy a good 
 Lawyer makes a better Bijhop than a good Divine y 
 which indeed mult be allowed, if the chief Buiinefs 
 of a Biihop be to try Caules. 
 
 Jesus Christ, when he ordain'd his Apoilles, 
 told them. As my FATHER fent me^ fo fend I 
 you. By which they underftood he fent them to 
 teach. But if now every Man be fiiffieiently in- 
 •ftructed, there is no need of any more Teachers ; 
 and tmy ought to quit an Employment grown ule- 
 leis to th.Q World. 
 
 Hereto lO re the principal Care of a Biihop was to 
 teach, his next vvas to take Care of the Poor ; but 
 ^s the Admin 'ft ration of the Church Affairs came 
 into the Hands of the Clergy, there grew fome Re- 
 mifnefs in both Duties, and the Quadripartite Divi- 
 iion came to be arbitrary. 
 
 Wliere the BiitiOp and Clergy were Men of Con- 
 fcience, a reaibnable Divilion was made, but where 
 they happen d to be interelted Men, the Poor wan- 
 ting Proteclors, and the Fabrick of the Church Su- 
 pervifors, thefe two Portions v/ere in fome Places 
 Hink aim oft to nothing, and all was divided betwixt 
 the Biihop and the Clergy. 
 
 And even in Churciies v^/here the Divifion was 
 made with due Proportion, the Adminiftration of 
 ;the two P;irts which was allotted to the Fabrick and 
 tfte'^lgtga:, remaining ftill in the Hands of the Clergy, 
 
Benefices and Revenues. 29 
 
 were infenlibly diminiftied, to the Advantage of 
 thofe who had the Management ^ which is made 
 more evident by the few Inftances that are anywhere 
 to be found of Fabricks having any particular Re- 
 venue^ or of any Fund remaining for the Poor, 
 except Holpitals, which are of no ancient Inftitu- 
 tion. 
 
 At firft the Share of. the Clergy was not divided 
 among thein, but left to the Dilcretion of the Bi- 
 iliop, to dilpence- according to every one's Merit. 
 But afterwards the Priefts took upon them to make 
 the Dividend among themfeives, excluding the Bi- 
 ihop from that Care ^ and when they had fQt out 
 their own Share, in the Diredlion of which neither 
 the Biiliop, nor any other had any hand, they then 
 liib-divided it among themlelves. This gave Begin- 
 ning to every Man's Property, and thus they ceafed 
 to live in Common. 
 
 But tho' the Revenues were thus divided, yet all 
 the Stock or Fund remained ftill intire, and undivid- 
 ed, under tl^e Direction of Deacons, and Sub-dea- 
 cons, who receiv'd the Rents, and ailign'd them to 
 the Bifhop, and to every Priefi:, in Proportion to 
 their Shares. 
 
 In thofe times the Church Ellates were called 
 pammomesj which I have thought fit by the way to 
 remark, to obviate any Miftake that this Kame 
 might fignify any foveraign Dominion, or Jurildic- 
 tion belonging to tliQ Komm Church or the Pope. 
 The Eilate or every Family, defending from its 
 Anceflors, was cali'd a Patrimony, And the De- 
 meafns or Eftate belonging in particular to tliQ 
 Prince, was cali'd Sacrum Pa trimcraunij to diftinguiili 
 it from the Patrimonies of private Men ^ as we find 
 in many Places of the 12th Book of* the Code. For 
 the fame reaion the Name of Patrimony was given 
 to the Eltate of every Church j and we find men- 
 
 tiotid 
 
30 Of ECCJLESIASTICAJL 
 
 tion'd in the Letters of St. Gregory^ not only the 
 Patrimonies of the Roman Church, but alio of the 
 Church of Rimmi , MUnriy and Ravenna. 
 
 Churches 'm Cities, whofe Inhabitants Were but 
 of moderate Subftance, had no Ellates left to them 
 out of their own Diftrid : But thofe in Imperial 
 Cities, fiich as RomCy Ravenna, and MHan^ where' 
 Senators, and Perfons of the lirll Rank inhabited, 
 were endowed with Ellates in divers Parts of 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, m 
 the Cottian Alp, and in many other Countries. And 
 the lame St. Gregory had a Law-liiit with the Bilhop 
 Q^ Ravenna, for thz Patrimonies of the two Churches, 
 which afterwards ended by Agreement. 
 
 And to create yet the greater Relpeft for the E- 
 fiates belonging to the Church, it was ullial to an- 
 nex the Name of feme favourite Saint, which that 
 Church held in moil: Veneration. So the EUate of 
 the Church of Ravinna was call'd, The Patrimony 
 of St. A^pllinare -, that of Milan, The Patrimony 
 of St. Amhrofe. The Ellates of the Roman Church 
 were calFd, The Patrimony of St. Peter in Abruz.z,o, 
 the Patrimony of St. Peter in Sictly ; in the fame 
 manner as we fay. The Revenues of St, Mark at 
 Venice, 
 
 Where the Patrimonies of the Prince were not 
 aflign'd to the Ufe of the Army, a Governor or In- 
 tendant (i J was plac'd, who had Jurifdiftion in all 
 Caufes which concern d thofe Ellates : Some of the 
 
 ( This l^ntendaijt was flil'd, ; ken of In the firft Book of the 
 Cotncs rerum Vrivitarum^ to di- j Code : The firil in the TitU 33. 
 ftinguifh him from the Om€s the fecond in the 'IitU 34. 
 facri Matrimonii : Both are ipo- 
 
 JRoman 
 
Benefices and 'Revenues, 51 
 
 Roman Clergy would have ufurp'd the lame Power, 
 wherever that Church had any, throughout all their 
 Patrimonies, and have been the Judges themlelves, 
 without having any more Recourle to the Civil Ma- 
 giftrate. But St. Gregory condemn'd and rebuFd 
 this Innovation, and tbrbad the Fradice of it under 
 Pain of Excommunication. 
 
 The Canon of St, Amhrofe^ call'd, Si "Trihutum (c\ 
 is a Teftimony that the Eflates of the Church paid 
 Tribute to the Prince. And it is certain, that in the 
 Year 681, Conftamine Vogonatus ox Barhatus^ exemp- 
 ted the Roman Church from Tribute, which it paid 
 for the Patrimonies of Sicily^ and CaUhria ^ and 
 Jufiinian Ritmenus in the Year 687, remitted the Tri- 
 bute for the Patrimonies of Ahruz^r^o and Lucanla. 
 
 Yet the Romandmxcli drew not fo great Revenues 
 from its Patrimonies, as ibme have imagined ^ for 
 Hiftorians Ipeaking of the Confifcations of Calabria 
 and Sicily by Leo IfauruSy m the Year 732, acquaint 
 us, That they both yielded but 3 Talents of Silver, 
 and half a Talent of Gold *, which (not to dwell 
 on the Diverfity of Opinions concerning the Value 
 of a Talent) make no more than 2500 Crowns of 
 our Money : And the Patrimony o^ Sicily ^ tho' very- 
 large, amounted to no more than 2100 Crowns. 
 
 (c) Si tributum petit Tmpe- 
 rator, non negamus; agri Hc- 
 clefise folvaht tributum. bi agros 
 deftderat Imperator, potefta- 
 tera habet vendicandorum ; tol- 
 lateosj fi libitum Q(h\ Impera- 
 
 tori non dono (fcr the JEcdefia" 
 flicks having cnly the V{ufnM 
 andStcTvarcifiip, they cannctgive 
 what is not their even) Ted non 
 nego. Caufa 1 1. qu:ifl, I. capa^* 
 
 C HA F. 
 
g2 Of EcCJLESIASTICAt 
 
 C H A P. X. 
 
 IT will not be foreign to our Subje£i: to know 
 the particular State of the Church, during the 
 time that the Goods of it remain'd united in one 
 Common-ilock, 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, coniidering thQ Differences which arofe be- ' 
 twixt thote who had the Adminiilration, and thofe 
 who were luojeO: to it. So every Minifber began to 
 retain all the Offerings made in his own Church, and 
 convert them to his own Ule : Whereas before they 
 carried the Offerings to the Biiliop, who made a Di- 
 vidend of them. But as an Acknowledgement of 
 the Biihop's Superiority, every Minifter prefented 
 him with a 3d Part of thefe Offerings, and Ibme- 
 thing more, as a Mark of Relpe£t paid to the Epif^ 
 copal Chair, which was call'd lie Cathedral (a)ii 
 They alfb divided the Lands, and afligned to every 
 Man his Share. 
 
 But thele Changes were not made in all Places, 
 nor all at one Time, where they were made •, nor 
 by any publick Edi^t, but in the Manner wherein all 
 Cuftoms are introduced, obtaining and enlarging 
 themielves infenlibiy, elpecially bad ones, which 
 make the fvvifcer Progrefs, and find lefs Oppofition. ' 
 
 (a) Cathedraticum etiam non 
 amplius quam vetufti moris die 
 conftiterit, ab ejus loci Presby- 
 tero novTiis exigendum. Gela- 
 Jius Fabiano EptfcupOy anno 494. 
 Can, ^5. ^.3. caiifa 10. 
 
 Illud te Vclumus modls om- 
 nibus cuftodirej ne qui Epilco- 
 
 porum Siciliae de Parocliiisad te 
 perlinentibus nomine Cathedra- 
 tici cimplius quam duosiblidos 
 prselumant accipere ielagius, 
 Auno sHo. Can,^, 
 
 The Council o?' Braga bad 
 fix'ddiis Right 8 Years before, 
 
 Whilft 
 
Benefices and Revenues. ^^ 
 
 Whilft the Affairs of the Church were in this 
 Pofture, the Princes diflributed the publick Lands 
 among the Soldiers, upon Conditions of leveral Na- 
 tures, fbme of guarding th^ Frontiers, fome of fcr- 
 ving the State iii Civil Affairs, or in the Wars, 
 Ibme of defending the Cities and ftrong Places. And 
 thele Ellates, which in the Language of the Franh 
 aiid Lombards were calPd Fiefs ^ in the Liitin TongiTC, 
 which was not then wholly extind", were called ^e- 
 neficiay as held of the Princes Bounty (i^. For tm 
 lame Reafbn the Portions of Ecclefiaflical Eftates, 
 or thQ Right oi' polfeffing them, were alfb calfd 
 Benefices J becaule they were in that Re(pe£i: like Bi- 
 ihopricks given by the Prince ^ or by the B^'fliopj 
 who with the Permiilion of the Prince, conferred the 
 other Dignities : Befides that the Church-men are 
 conlider'd as a fort of Spiritual Soldiers, who keep 
 conilant Guard, and exercife a facred \Varfarc. 
 
 The Abbies beyond the Mountains by this time 
 being grown to vaft PofTefTions, the Mayors of the 
 Palace took upon them the Authority of makings the 
 Abbots : For which the Uiage ot thofe times in 
 making the Monks all of meer Laymen, gave alio a 
 fair Occafiori : Uiileis fbmetimes, as a thing of 
 Grace, th^ Monks had Leave to choofe an Abbot 
 themfelves. 
 
 In Itafy^ where the Wealth of the Monafteries 
 had not made them confiderable before the Year 750^ 
 they had pafs'd unregtiarded by th^ Gothkk Kings, 
 the Emperors, and th^ Kings of Lomhdrdy •, 16 that 
 the Eledion remain'd Itiil in the Monks only, with 
 the Super-inteiidency of the Billiop. 
 
 (I ) That which Marculfc?.\h 
 AlunvA Reglum Is nothing but a 
 Lief, according to ^j<Junl. 
 Bigmn, Dedit r^ltur vlr i He per 
 ff7anu njira con^ui't fax iUi vil- 
 
 las nuncuf antes tun's^ quas aut 
 munere re;^zo, <ztit de alcd' Pa- 
 renium vel undecunq\ ad pnvfifis 
 tenere vidtf-ur. I Ah. x. formula 
 12. 
 
34- 
 
 Of Ecclesiastical 
 
 But the Biiliops being become imeafy to the Mo- 
 ri afteries, by their alpiring to too much Power, the 
 Abbots and Monks, to deliver themjfelves from this 
 Siibje8:ion, betook themfelves to the Pope ^ beleech- 
 ing him to exempt them from tiie Biihop's Jurif- 
 didion, and to take them into his immediate Pro- 
 teftion. 
 
 This was gladly embrac'd by the Popes^ who 
 law their hitereils, in creating, by this means an 
 immediate Dependance on themfelves, in Cities be- 
 longing to other Governments ^ and in enlarging 
 their Authority over the Biihops. Behdes that it 
 imported extreamlyj that ib great a Body as that of 
 the Monks, who in thole times were almofl: the only 
 Perfons, who addided themfelves to Learning, 
 iliould depend intirely on the See of Rome, And 
 this Exemption quickly extended itieif to all the 
 Monafteries, which by this Means became more 
 clolely united to that See, and feparated from the 
 Biiliops (2). 
 
 CHAP. 
 
 (2) The Abbots, faith Fra, 
 JPach, UL2. Ccuncil of Trent, 
 i-efolv'd to withdraw themfelves 
 from the Obedience of the Bi- 
 fliops, befeeching the Popes to 
 take them under the Pro- 
 teftion of St. Vetevy fo as to be 
 under no Authorit)' but that of 
 the holy See: Who gladly re- 
 ceived them, as it turn'd much 
 to its Interef?:, feeing it is al- 
 ways theirs who obtain Privi- 
 leges, to fupport his Authority 
 who grants them. St. Bernard 
 detelHng this Innovation, re- 
 monilrates to Pop^ Eugene III. 
 the great Abule of an Abbot's 
 relulmg to obey his Biihop^ and 
 
 the Bifliop his Metropolitan : 
 That the ChurchMilitant ought 
 to govern itieif after the Exam- 
 ple of the Church Triumphant, 
 where an Angel never laith, I 
 will not fubmit to an Archangel : 
 But what would this Saint have 
 faid, had heliv'd in one of the 
 following Ages ? St. Bernard^ 
 faith Me\erayy tho' a Monk, and 
 moll; zealous for the holy See, 
 loudly condemns thefe Exemp- 
 tions. For, faith he, to ex- 
 empt Abbots from the Jufif- 
 diition of Biihops, what is it 
 other, than to command them 
 to rebel p And is it not as mon- 
 ftrucus a Deformity in the Body 
 
 of 
 
Benefices and 'Revenues. ^5 
 
 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 r 
 But it is obfervable by the way, 
 That the Exemption from tem- 
 poral Rights, which the BIfliops 
 themfelves had granted them, 
 opened the Door to this Spiri- 
 tual Exemption. 
 
 Tune tibi licitum cenieas fuis 
 Ecclefias mutilare membris,con- 
 funderc ordinem perturbare ter- 
 minos, quos poCuerunt patres 
 
 tui ? Monitrum facis, fi 
 
 manui digitum lubmovens facis 
 pendere de capite, fuperiorem 
 manui, brachio collaterem. 
 Tale eft, il in Chriili corpore 
 
 membra aliter Iccas, quam dil- 
 
 pofuit ipCe- — SicuL Seraphim ^ 
 
 Cherubim, ac cjeteri quiq; uiq; 
 
 ad Angelos, 6c Archangelos, or- 
 
 dinantur I'ub uno capite, Deo : 
 
 Ita hie quoq- fub imo fummo 
 
 Pontihce Primates, vel Patri- 
 
 archse Archiepilcopi Epifccpi, 
 
 IPresbyteri, vel Abbates, & le- 
 
 liqui in hunc modum— - Qiiod 
 
 : li dicat Epifcopus, nolo cfTe iiib 
 
 j Archiepilcopo : Aut abbas, nolo 
 
 I obedire Epitcopo, hoc de Ccel^ 
 
 !non eit: I'Jifi tu forte Angelo- 
 
 '' rum quempiam dicentem rai- 
 
 Uiili: Nolo lub Archangelis 
 
 iefl'e, ^c, De ccnfiderat, lib. 5* 
 
 leap. 4. 
 
 CHAP. XI. 
 
 IN France y the Biiliops gave themfelves up inti re- 
 ly to fecular Cares : And feeing thofe who were 
 made by the King had no Rellraint on their Beha- 
 viour, it was lels to be expected the others ihould 
 have any, who were made by tho. Mayors of the Pa- 
 lace, when the Royal Authority was fo much de- 
 ch"n'd. The Abbots too had tlieir Avocations from 
 the Functions they were at hrft defign'd to ^ fur- 
 nifliing the King v^ith Soldiers, and going theniielves 
 in Perlbn to the Wars ^ but not to do the Duty of 
 Minifters of Christ, but to draw their Swords in 
 the Field (i). 
 
 (0 The Ufe cf Arms wds jlr- j celferit, & arma bel'ica indutus 
 bid by f^eChap. 61. lib. 6. cf tiieritadbenigerendiimabomni 
 the Captulars. Si quls Epilco- ciTicio deponatuTj in rantum \\c 
 pus, Presbyter, Diaconus, vel nee Laicam Communionem ha- 
 Sub-diaconus, ad l:»eHum pro- 1 beat. 
 
 D 2. This 
 
36 Of ECCIESIASTICAJL 
 
 This flirniiii'd them with an Occaiion to take all 
 to themlelves, inflead of being contented with the 
 Fourth Part ^ 16 in this Military Capacity they 
 pUmder'd tlie poor Priefts who adminifterd the 
 Word of G O D and vSacraments to the People, and 
 had nothing left to maintain them : And this oblig'd 
 die People, every Man according to his Zeal, and 
 his Devotion, to contribute to their Maintenance out 
 of his own Eftate. 
 
 But tlie Difference betwixt the Liberality of Con- 
 tributions in one Place and another, occafioning 
 fometimes great Complaints, the Qiieftion grew. 
 What was the realonable Part for the Curate ? 
 And the received Opinion of thole times was. That 
 it ought to be determin'd by the Divine Law in the 
 Old Teftament, which gave him the Tenth. And 
 Seeing GOD had enjoin'd this to the JewijJj Na- 
 tion (a) it was ealy to reprelent it as due alfo un- 
 der the Evangelick Law ^ tho' our Saviour Jesus 
 Christ, and St. Paul, are lilent in it, farther than 
 to lay. That the People ought to make a neceiTary 
 ?rovilion for the Minifier (1) and that he who la- 
 bours is worthy or his Hire (c) ^ and that thole who 
 lerve at the Altar ought to live by it (d) : But with- 
 out prelcribing any fix'd Proportion, becaule in 
 fome cales the Tenth Part would be too little, and 
 in others the looth Part would be liifficient. 
 
 But as this is a thing in itfelf fo evident, and I 
 Ihall have occaiion to relume the Subjed, and treat 
 
 (a) Decimas tuas non tarda- 
 bisreddere, Excd.22, Offbre- 
 tis decimas, & primitias ma- 
 nuum veftraruni, Deut. t2. 
 
 {b) Dignuseftoperarius mer- 
 cede lua, Luc, lo. ^ i X/w» 5. 
 
 (tO Oignusefl.operarluscibo 
 luo, Mattb. 10. 
 
 (d) Qui altari defervlunt, 
 cum Altari participant 
 
 Dominus ordinaviteis, qui E- 
 vangelium anunciant de £van- 
 gelio vivere, i Cor, 9. 
 
 it 
 
Benefices and Revenues ^y 
 
 it more at large, hereafter, I will leave it now ^ only 
 with this Obiervation, That all thQ Sermons of thole 
 times, and for Ibme Ages after, without touching 
 on Matters of Faith, were all pointed to prove the 
 Obligation of paying Tythes (2) ^ v/hicli the Ke- 
 ceflities, and Incerefts of the Curates or Minillers, 
 induc'd them to amplify and enrbrce with all their 
 Eloquence : This; as it happens Ibmetimes to Ora- 
 tors, carry'd them fo far, as to place all Chriftian 
 Perfection in that one Merit of paying Tythes : 
 And not contented with Predial Tythes, they be- 
 gan to claim Ferfonal alfo ; that is to fiy, the 
 Tythe of every Man's Trade and Induftry, not ex- 
 cepting even that of Hunting, and the Soldiers 
 Pay. 
 
 As many of thefe Sermons are extant without the 
 Autliors Names, fome of them, through Miftal^e 
 or Defign, have been attributed to St. Auguftine^ and 
 other ancient Writers. But befides that the Stile 
 difcovers that they have been made about the Year 
 800 (3 J, Hiilory puts it out of all Doubt, that there 
 
 never 
 
 (2) A Preacher in the time i gainH: vvhich Abuie Jihuinus 
 of Charkma[':in inforni'd his ! inveighs in one or his Xe^/en, 
 Audience, I'hat they ought! In vdvo, faitb he, frater di- 
 not only to pa}' Tythes to the lefte, iili chariffime, perge in 
 Priells, but to carry them to opere Dei, & efto Praedicator 
 their Houl'es. i veritatisj, non Decimarum cx- 
 
 NecdebetisexpeftareutPref-'aftor; quia Novella Anima A- 
 byteri ^ Clerici alii decimas polliolicae Pietatis La6le nutri- 
 vobis requirant^ fed cum bona enda eft, donee crefcat:> conval- 
 voluntats vosiplifine admoni- efcat 6< roboretur ad acceptio- 
 tione debetis donare, ik ad do- ;• nem ibUdi cibi. Quid impon:^n- 
 mum Fresbyteri ducere. ' dum eft Jugum cervicibus Idio- 
 
 In the Appendix to the Ca- ' tarum^, quod neq-, nos neq; f'ra- 
 pitulars, p, i^l^' fee lib. 6. of tres noftri fuirerre potuerunt ? 
 thefe Capitulars, , C/6«]7. 192. Bp.-j, apud MabiUcny tern* <\.. 
 where the Friefts are enjoin'd Ana]eB:orumy p» 279. 
 to preach to this Furpofe". A-i (3) Cardinal Teron faith, 
 
 D 3 ThsU: 
 
58 Of Ecclesiastical 
 
 never were any T/thes paid either mjfrkl or in the 
 Eall:, and that they owe their Original to France (4), 
 as hath been before obfervcd. 
 
 That thefe Pieces were forg'd 
 by the Monks in the time of 
 Charlcwaijrny becaiile they liv'd 
 moll at that time by tranlbribing 
 JBooks. Pcrrcniana, 
 
 (4) The CctmcU cf Mafcon, 
 .Anno 585, proceeded toexcomu- 
 7i:cate thofe who paid not Tythes, 
 v^^tatiiimus, 6< decernimus, ut 
 mos antiquus a iidelibus repare- 
 tur, & decimas Ecclefiafticis 
 
 famulantibus populus omnis im 
 ierat, quas lacerdotes aut in 
 pauperum ulum, aut in Capti- 
 vorum redemptionem erogantes 
 luis orationibus pacem populo 
 ac lalutem impetrent. Siquis 
 autem contimiax noftris ftatutis 
 faluberrimis fuerit, a membris 
 
 I Ecclefise omni tempore iepare? 
 
 ttur. Can*'), in fine. 
 
 CHAP. XII. 
 
 Come now to luljy where for many Ages none 
 was ordain'd to the Priefthood, who had not at 
 tiie fame time fom.e particular Cure aflign'd him, un^ 
 leis in thQ Cafe of lome eminent Man for Piety and 
 Learning, who would not accept tliQ Care of any 
 Pariili at his Ordination, that might divert him from 
 his facreci Studies. St. Jerom and St. Paulinw were 
 thus ordain'd PrieO:s, one at Antioch^ the other at 
 B arc eh f! a (a) ; and except on this Occalion, Anti- 
 quity knew no Diftinftion betwixt Ordination and a 
 Benefice, which v/as always afTIgn'd him, and which 
 gave a ilight to be entertained out of thQ Common- 
 5^t0ck of ttiQ Church. 
 
 (a) iBa conditione in Barci- [ Domini non etiam in loCum Ec- 
 nonfi Eccleiia confecrari addu(5t- j ckfix dedicatus. Paulin, Ep, i, 
 us liim, ut ipii Ecclellse non \cid Severum^ Num, JO. 
 aJlig'irwr in lac'Jrdotiuai taptuir^ 
 
 Bi]t 
 
Benefices and Revenues. 59 
 
 But when Church-men of Merit happened, by tliQ 
 Calamities of War, to be driven from their M:'n:'ftry, 
 and receiv'd into other Churches, where they were 
 maintained out of the Common-Purle, in the fame 
 manner with the Clergy of the Place. As any Va- 
 cancy happened, by Death or othervv^iie, it was filPd 
 by fome one of the ftrange Clergy, who being thus 
 provided for, was calPd Incardinatus^i') j and he who 
 Itepp'd into a Miniftry, having had none before, 
 was calPd Grdinatm. 
 
 This Ufage began in Italy before the Year doo, 
 when many Bifliops and other Clergymen were 
 plunder'd, and driven from their Cures, by the Ra- 
 vages of the Lombards^ and were thus replaced in 
 other Churches, as Minifteries becam.e vacant. The 
 Biihops were calPd Efifcopi Cardmales (h\ and the 
 Priells Freshyteri Cardlndes (c). 
 
 Now 
 
 (0 That is, fpeaking ftriftly, 
 ndmitted into a Society, tranl- 
 ferr'd, or tranfp] anted. 
 
 (b) Et tempoiis necellitas nos 
 perurget, & imminutio exigit 
 Perionarum, ut deilitutae Lc- 
 clefige vellrs falubri debeamus 
 dilpofitione luccurrere ; & ideo 
 fecundum deilderiuiii veftruin 
 fratrem & Cotpifcopum noil- 
 rum ilium, cu us Ecclella ell ab 
 hoilibus occupata, Cardinalem 
 veilras Ecclelise, ficut peti- 
 ilHs, conftituimus facerdotem, 
 quatenus vos de propitio, & or- 
 dinando, & vigilando, iolicite 
 ftudeat gubernare, cui dedimus 
 in mandatisj ne unquam ordina- 
 tiones praefumat illicitas. Ltber 
 Diurnus fumm^ Fmt^f* Tit. ii. 
 
 (c) Kxc vox, fa'rtb Onuph- 
 rius Povinius, //i bi-f Merprc 
 tatt:n of EccJefia/ircal Names, 
 eil frequens in Regiflro D. Gre- 
 gorii, 6c Epidolis Pontificuin 
 R.onian. Decretalibus, quibus 
 is Cardinalis dicitur Presb}'ter 
 vel Diaconus, qui certsi alicui 
 Ecclfix, vel Diaconiai proprius 
 6c adcerti alicujus tituli five Ec- 
 clcfias minifterium ordinatus., in- 
 fertus annexus, & ut ipl'e loqui- 
 tur incardinatus eft. Nam .':'t. 
 Gregorio idem eft, Cardinalein 
 conilituere in aliquo titulo, vel 
 Ecclella, quod incardinare ali- 
 cui EcclefiK, vel in' aliqua Ec- 
 clefia cardinare. Idem etiam 
 de Epijfcopis dicit quod de fua 
 Eclefia ad aliam neceiTitatis cauia 
 tranilatos,Epiicopos quidem Ec^ 
 
 P4 
 
 CISUSG 
 
40 Of Ecclesiastical 
 
 Now, the greateft Part of thole who were ib drir 
 vcn from their own Churches, betaking themlelves 
 to thofe of Eom^ and Havenna^ which v/ere the 
 x\zW^^ and had the moft Employments in the Mi- 
 niftery to give, and tliefe Strangers finding a wel- 
 come Reception there, both in regard of the Abun- 
 dance in thofe Churches, and of the great Concourle 
 it drew to them of the moil: eminent Perlbns of all 
 Kmds (which we fee continued to this Day) it rarely 
 happened, that any of tlieir own People were or- 
 daiif d, but commonly Strangers : And this was the 
 reaion, why in thefe two Chiu-clies, all who had 
 any Minift- y, were calFd Cardlndes : A Name which 
 ll:i1l remains in the Church of Rome^ but not in that 
 o^. Ravenna ^ which Taul III. abrogated in the Year 
 1543. 
 
 Thus the Name of Cardinal, which firft deriv'd it 
 ielf from a very low and abjed Condition, is, by a 
 Change of Signification, become a Title lb elevated, 
 tliat Cardinals are now laid to be, Quafi Cardines om- 
 mum ten arum (2) : And that which at firfi: was no 
 
 Degree 
 
 clefiae fuas, ilHus vero ad quam 
 Iranllati- funt, iacerdotes live 
 Pontiiices Cardinales vocat. 
 
 Where is to be oblerv'd^ T hat 
 by the Phrafe 7 near dinar e ali- 
 ijuem^ St. Gregcry means fomc- 
 times, To make a Bifhop. 
 
 MachUvel gives the fbllow- 
 jng Account oK tlie Original of 
 Cardinals. Under the Pontifi- 
 cate of Pafc. I. faith he, the 
 Curates of RciTie took upon 
 them the Pompous Title of 
 Cardlna's, as an addition to the 
 Honour of being the ncareft 
 3V:ini{lcrs to the lope'sPcrfon. 
 and of havingr a IhareinhisE- 
 
 lection : And their Authority 
 encreafed to that Degree, efpe- 
 cially after they had defeated the 
 People of Rome of the Right of 
 eleaing the Pope, that the Pon- 
 tificate almofl; always fell upon 
 one of them. Lib, i. Hifl, of 
 Florence, 
 
 (2) That is to fay, The 
 Hinges or Axis on which the 
 Government of the univerlal 
 Church turns. And according- 
 ly the Council of JBafil expref- 
 fes itfelf, i//:^. Cum fummo 
 Pontifici S. R . £. Cardinales in 
 dirigenda Chrifciaha Republica 
 CollateralesaflilUnt, necelfe eii. 
 
Benefices and Revenues. 4 1 
 
 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 wc 
 lee it in PoiTeflion of at this Day. 
 
 But whoever will look into tho, moll celebrated 
 Councils held at Rome^ will find that the Cardinal 
 Roman Prieils, in their publick Writmgs, have al- 
 ways figned under the Itdlan Bilhops ^ and that 
 even in after Times, no Bifhop was made a Cardinal- 
 Prieft. 
 
 The firfb Biiliops who were made Cardinals, were 
 Perlons of Note, who had been driven from their 
 Churches f, for Inilance, Conrade Biiliop of Mentz.^ 
 who having been treated as a Rebel by the Emperor 
 Frederick I. was receiv'd with open Arms by Pope 
 Alexander 111. and made Cardinal of St. Sahln, \xi 
 thole Days, and until the time of Pope Innojcent IV. 
 the Cardinals wore no Habit, nor any Mark of Di- 
 ftin^lion. He gave them the Red-Hat on Chriflmafs^ 
 Eve (i) in the Year 1 244. And Paul II. added the 
 Red-Cap (4) to be worn by all the Cardinals, except 
 liich as were Monks or Regulars : Yet to thele allb 
 it hath been granted lince by Gregory XIV. 
 
 ut tales inftituantur, qui ficiit 
 nomine ita re ipla Cardines fmt, 
 iyper quos oftia univerialis ver- 
 fe'ntur "& iuftenftntur Eccleilae. 
 
 Sicut per Cardinem volvitur 
 odium DomUS;, faith rug. IV. 
 Ita fuper hos fedes Apoilolica 
 totius Ecclefiae odium quiclcit 
 & iudentatur. 
 
 (3) Hie in vigilia natalis Do- 
 mini 1244. Lugduni in Con- 
 cilio generali 12 Cardinalibus 
 virls excellentinimis creatis ejus 
 
 quo fignificabatur eos etiam ca- 
 put iuum, fi opus elfet, pro 
 Eccleliadica Libertate tuenda 
 gladio offcrre debcre^, & prae- 
 lertim eo tempore quo Romana 
 Ecclefia a Frederico IT. Imp. 
 vehementer oppugnabatur. 
 
 Onuphr, Vanvin, annct, ad vit, 
 Inncc, 4" 
 
 (4) And alfo Houfings or 
 Elorle-clothes of Scarlet, when 
 they rode on Horfeback.^ ^/z- 
 bus etiam:, laith Flatina^ in this 
 Pope's Life, panum coccinei co- 
 
 ordinis hominibus proprium in- ] Joris-i d no dedit, quo Equos, vel 
 figne^ pileum rubrum dedit 1 Mulasjlamrcnt dam equ.itant» 
 
 We 
 
42 Of Ecclesiastical 
 
 We have tlionght a flioit Deduction of this Iplen- 
 did Order, trom the Original, neceffary in this 
 Place, as it concerns fo eminent a Dignity, which 
 at this Day holds the lecond Place in the Church, 
 and for which, the World feems not to afford Titles 
 pompous enough C5). {Vrhan VIII. who reigns at 
 prefent, gave them th.z Title of Eminence^ by a ib- 
 iemn Bull (6).] 
 
 (5) That we may have every 
 thing before us upon this Sub- 
 jeft, vi\\:xt Me:(eray lays of Car- 
 dinals feems to merit a Place in 
 our Obfcrvations. ' In the Lire 
 
 * of VhlL AK^uflus, faith he, 
 < the Affiilance of lb many Men, 
 ^ choi'en out of all Degrees, in 
 
 * the Weflern Church, which 
 *= fupply'd the facred College, 
 
 * contributed not a little to (up- 
 
 * port the Popes under the Bur- 
 
 * den of their AfEiirs, and to 
 
 * encreafe their Authority in 
 
 ^ the mod diftant Countries ; 
 ' but being thus agrandiz'd by 
 ^ their Means, they delivered 
 ^ themfelves from their Depen- 
 ^ dance. 
 
 (6{ Thefe lad Words have 
 been added to the Original, in 
 the Italian, either by the Co- 
 piers or the Printers, who pro- 
 bably have miftaken a Marginal 
 Note for Part of the Text : For 
 Fra. PaoJowRs dead before Ur- 
 ban VIIL obtain'd the Chair. 
 
 CHAP. XIII. 
 
 FROM the Hill Eftabliiliment of tJiG Church, 
 until near the Year 500, every Priell, as we 
 have already ilievv^n, was ordain'd to fome particular 
 Cure or Miniftry, and liv'd upon' the Coramon- 
 Stock : And after Benelices came in uie, no Perlbn 
 was ordain'd, without a Defignation to fome parti- 
 cular Benefice for his Maintenance. 
 
 But in Procefs of Time, it becam.e the. Practice, 
 That if any Man well qualify'd for the Minillry 
 happcn'd to appear, tho' there were no Room, nor 
 Cenejfice vacant, the Biihop, for fear of loofmg him, 
 
 thought 
 
Benefices and Revenues. ^j.^ 
 
 thought fit to ordain him without Office or Title, 
 and confequently without Benefice, in Expeftation 
 of one becoming vacant. And theie Supernumeraries 
 widiout Title, were Co-adjutors to thole who had 
 Benefices ; who, for their Service, allow'd them a 
 Subfiftence. 
 
 But in time alfo this Ibrt of Clergy, without Be- 
 nefices, ehcreafing to an excellive K umber, and the 
 Beneficiaries growing weary of their Charity towards 
 them, it produc'd a Multitude of Scandals and In- 
 decencies, which it was necefiary to remedy by 
 Law ^ by which, the Biihops were oblig'd to main- 
 tain all the Clergy themfelves, whom they 16 or- 
 dain'd without Title {a). 
 
 This, at the Beginning, put lome Stop to the 
 Diltemper ^ which, tho' often Ibpprefs'd for a while, 
 as often return'd ^ for which there were two appa- 
 rent Caules : One was a prevailing Defire among the 
 People in thole Days, of getting into Orders, that 
 they might enjoy the Privilege of Exemptions, and 
 withdraw themlelves from the JurifdicHon of Princes: 
 The other was, an alpiring in Prelates to Dominion, 
 by encrcafing the Number of their Subjefts. Kor 
 have yet thele Dilbrders met with iiich a Remedy, 
 but that frequent Indecencies ftill happen in many 
 Kingdoms, to the great Diminution of the People's 
 Relpe^t for Religion. 
 
 (a) Eplfcopus fi aliquem fine 
 certo titulo de quo necf:ffaiia 
 vitae percipiat:> in Diaconum 6c 
 Presbyterum ordinaverit, tarn 
 diu ei neceHana fubminiflret, 
 donee in alitjua Ecclefia ei con- 
 
 natus de fua paterna haereditate, 
 vel alia honellatis caufa fublidi- 
 um polfit habere. 
 
 This Canon was made by the 
 Council of LateraU) under 
 Alexander III. and is to be 
 
 venientia flipendia Militis3 cle- j found in the 4th Chap, Extra d& 
 ricalis aiugnet. Nifi talis ordi- ' rr^bcndi^. 
 
 CHAP. 
 
44 Of Ecclesiastical 
 
 CHAP. XIV. 
 
 N Either hath the Epiicopal Order itfetf efcap'd 
 this Abufe, fince Bifliops were begun to be 
 made only Titular, and by Derifion call'd NulU- 
 tenentes (i). Yet it cannot be faid but fbme more 
 Ceremony is uled in making thele, than in the Cafe 
 of other Priells without Benefices. For tho' Pdefts 
 and Deacons, and other inferior Minifters are or- 
 dain'd without any Cure aflign'd them, either real 
 or nominal, there is no Inffcance of a Biihop being 
 ordain'd without a Dioceis afiign'd him, from which 
 lie takes his Title, tho' it be in Partihus hfdelium. 
 But in that Cafe having no Ghrillian in his Dioceis, 
 and only a Name without a People, he lives by ler- 
 ving fome great Biiliop, wiio cannot attend the E- 
 pilcopal Functions, or thinks them too inferior for 
 iiim to officiate in Perlon. And thefe Titular Bi« 
 ihops, before the Council of Jrent^ were in great 
 Abundance, tho' now their Number is very much 
 reduced. 
 
 (i) That is to fay, Holding 
 ncthing^ A Spanijh Biihop main- 
 tain'd in the Council o{' Trent y 
 That a Biflioprick neceflarily rc- 
 quir'd a Dioceis ; that a Biihop 
 and his Church are Co-relatives 
 like Man and V\ iFe : That no 
 Footftepcan be found in all An- 
 tiquity, where Bilhops who 
 quitted their Bifnopricks, or 
 "were depriv'd ol: them, ever 
 pais'd afterwards for fuch, any 
 more than a Man, who hath 
 lofl his \V ife, for a Husband. 
 
 An Italian Biihop repy'd 
 That the Titular Bifhops having 
 
 ; only the Power and Vertue of 
 j Order in them, their having 
 a C hurch was not necellary : 
 I That if in former Times no Bi- 
 fhop was ordain'd without ha- 
 ving a Church aflign'd him, it 
 was becauiVneitherPriefl, nor 
 Deacon was then ordain'd with- 
 out a Title: That fmce that 
 time, it had been found for 
 the Service of- GOD and the 
 Church, that there ihould be 
 Priefts without Titfes ; and con- 
 (equently Bilhops without a 
 Dioceis. Frd, ?adOy lib. 8. Giu^ 
 Trent. 
 
 ' Indeed 
 
Bemfices and 'Revenues^ 45 
 
 Indeed feeing the Jeliiits have Halted a Qiieftion, 
 Whether the Pope hath Power to ordain Biihops 
 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 beft anfwer'd by a Prayer, That 
 GOD would pleale never to fiiffer fuch Power to 
 be put in Practice, left the Reverence for this Order 
 alio be loft, which had been in general prelerv'd, 
 and with the higheft Obfervance towards all Eccle- 
 fiaftical Orders, while no Man was ordain'd that 
 had not a particular Miniftry adign'd him : And it 
 had this Elfe^t, that every Man was Relident, fmce 
 none could be found to Ipare, to officiate for ano- 
 ther. 
 
 As the Abule of Non-refidence was then utterly 
 unknown, i^o alfo was tht Diftindion betwixt Bene- 
 fices, which oblige to Refidence •, and thofe v/hich 
 do not. And were the Benefice rich or poor, or the 
 Bulinefs of it great or little, the Incumbent could no 
 way avoid ferving in Perlbn. 
 
 But after they began to ordain without Titles, 
 thole who had Titles were from hence fiipply'd with 
 Curates for fmall Salaries, which afforded the Ti- 
 tulars a convenient Leafure to follow other Bufinels. 
 Accordingly the Billaops in France^ and even the 
 Parilli-Priefts, fubftituting Ibme poor Pricfts 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 Severities fervid 
 to keep the Beneficiaries in fome Order. Yet tlie 
 Splitting of Benefices, Ordination without Titles, 
 and P.egulations for Refidence, could not, iii the 
 Progrefs of thefe Inftirutions, through i^o many 
 different Places, pafs without lome Variations in the 
 Praftice. Nor were they avoidable even in the liim.e 
 Church fometimes, firom tlie different Views and 
 
 Dcfigns 
 
46 Of Ecclesiastical 
 
 Deligns of flicceeding Biihops, or the different Or- 
 ders and Provilions made from time to time by 
 Princes, to obviate the Diforders arifing from the 
 Wilfulnels of fome Churchmen, too bnfy or enter- 
 prizing ^ or the Reientment of fbme Layman, who 
 could not, with Patience, bear to be excUided from 
 the Management of Eccleliaftical Affairs. 
 
 CHAP. XV. 
 
 T Rings were in this continual Fluctuation until 
 the time o^ Charlemalgn^ who having brought 
 Jtaly^ France^ and Germany under his Subjeftion, 
 made Reformations in t\\^ Affairs of the Church, 
 by reducing the different Inflitutiong he found in 
 different Places, to one eftabliili'd Form ^ by revi- 
 ving many o1 the old Synod icai Canons that were 
 grown obfolete •, and by making feveral Ecclefiaftical 
 Laws concerning the Diftributions of Benefices, ac- 
 cording to the Exigency of the Times. 
 
 He reftor'd in part to the Pariila-Pricfts or Cu- 
 rates, the Eftates which (as we have already fliewn) 
 the Biiliops had taken to themielves ^ ordering, that 
 every Curate ihould have a Share aflign'd him of 
 th.^ Revenue or Fund calfd, the Mmfo.^i) 
 
 At this time the Cuffom of paying Tythes to the 
 Pariih- Church, which had been long eflabliih'd in 
 France J pafs'd into Italy. Only Charlemaign added. 
 That the Biffiop, as Super- Intendant and Paftor- 
 
 (0 That is to fay. All that 
 is necelTary for Subfiftence. As 
 St. Cyprian obferves in the Life 
 of CafariyA of Arks. Dc7iec 
 cmnes ab ipfo ejjent redempt'h so 
 
 ar<^ento^ quoAnteceJfor e]usEcnim 
 Ecckfix Aienfie reliquerat, in 
 Feodal ^latters^ we yet ule the 
 Word Tabu, 
 
 General, 
 
Benefices and Revenues. 4-7 
 
 General, might regulate the Diflribution of Tythes(^) 
 according to his Difcretion. 
 
 And therefore in Places of Plenty, and where the 
 Tythes were large, the Biiliops dj'iftributed them le- 
 veral Ways : One Part they took t:o themfelves, ano- 
 ther they aflign'd to the Priefts of their Cathedral ^ 
 and fbme Part alfo to the Monalit^ries, on Condition 
 th^y fhoiild appoint a Vicar in t:he Cure, allowing 
 him a convenient Stipend. 
 
 Befides this Appointment of the Bifhops, Ibme- 
 times the JN on-Parochial ChurCihes took to them- 
 felves ibme other Part, which in time they came to 
 defend by Prefcription. And Princes alio afiign'd 
 Tythes to Churches, for which tihey had fome par- 
 ticular Devotion. 
 
 Charlemalgn likewile rcftor'd to the Cities, the 
 Liberty of Electing their own Bifhops, allowing the 
 Clergy and the People to prelent; fome one out of 
 their own Diocels ^ who, whe n approved by the 
 Prince, and invefted by receivii ig the Crofier and 
 tht Ring, was confecrated by tl.ie neighbouring Bi- 
 lOiops. 
 
 This Emperor reftor'd like wile to the Monks, 
 the Liberty of Ele^cing their . A^bbots Qj). He or- 
 der'd farther. That Biihops If iOuld ordain Hich for 
 Priefts, as ihould be preientfjd to them by the Pa- 
 riiliioners. 
 
 {a) UtDecimce in poteftate 
 Epilbipi fint, qualiter a Presb} - 
 teris dirpenlentur^ Cap. 143. 
 lib, I. Capitular, 
 
 (b) Monachorum flquidem 
 cauiam qualiter Dqo opitulante 
 ex parte difpoluerimusj & quo- 
 nxodo ex ie ipfis libi clig..;ndi 
 
 lie entiam dederimus, &: qua;i- 
 te r quiete vivere, propoiltumq; 
 v idefeiTi cullodire valerent, or- 
 c iinaverimiLS:, in alia ichedu!a 
 ' diligenter adnotari feciinusj &c 
 ut apud liicceflores uoftros ra- 
 tum foret, & inviolabiliter con- 
 j ferv-aretur, coniirrxiav imus. 
 
 Final/ 
 
48 Of Ecclesiastical 
 
 Finally he ellabliili'd the Ele£l:ion of the Pope m 
 the fame Method that had been praftis'd in the 
 times when the Emperors of the Eaft reign'd in 
 Rome • which was. That the Clergy and People 
 ihould Elecl, and the Decree of the Eleftion fhould 
 be fent to the Emperor, v/hich if coniirm'd by 
 him fc), the Eleft was to be confecr'ated; 
 
 True it is indeed j that after the Death of Charle- 
 maign^ the VVeaknefs of his Pollerity either in Power 
 or iniderflanding, gave Advantage to the Popes, 
 who were cholen by the People, to make themfelves 
 be confecrated without ftaying for the Emperor's 
 Confirmation : So Tafchal dealt with Lowis the Son 
 of the Emperor Charles j tho' he afterwards lent to 
 excnie it, pretending he was compelPd by the Peo- 
 ple to comply. 
 
 (c) See here the Oath, which 
 the Clergy and the People o\ 
 Rome took to LcvjU the Debc- 
 nair^ and to Lothar'zus his Son, 
 Annoy 824. 
 
 Promitto ego ille per D eum 
 omnipotentem, & periilaqua- 
 tuor Evangelia, & per banc 
 crucem Domini nofti Jefu Chri- 
 fti, ik per corpus beatiffimi 'Pe- 
 tri, PrincipisApoftoIorum quod 
 ab hac die in futurum iidelis e ro 
 Dominis noftris Iniperatoribiis 
 Ludovico, & Lothario dicbns 
 vitae meae, juxta vires & intei^- 
 leilum meum, fine fraude ac 
 malo ingenio, falva fide, quam 
 repromifi Domino Apoftolico, 
 & quod non confentiam, ut ali- 
 ter in hac iede Romana fiat E- 
 leftioPontifi'jis^nijfl canonlce & 
 juftcj fecunduni vires ik intel- 
 kaum meum j 6; ille qui ele^us 
 
 , fueritj, me confentiente, confe- 
 
 I cratus Fontifex non fiat, priul- 
 
 : quam tale (acramentum faciat in 
 
 Ipraefentia Miffi Dominlci Im- 
 
 I peratoris, 6c populi cum Juni- 
 
 i mento, quale Dominus Euge- 
 
 nius Papa iponte pro conlerva- 
 
 tione omnium rh^aum habet per 
 
 fcriptum. Tcmo i. Capitid. pag» 
 
 647. vide Thegan ad annum ^2ji 
 
 Perduravit hasic confuetudo, 
 
 ( faitb Onuphrius) ufq; ad Ee- 
 
 nedi«ftuifl 11. cujus lan<5litate 
 
 permotus Conftantlnus Impera- 
 
 tor, Heraclii pronepos, edi6lo 
 
 fuo juffit^ lit deinceps, quern 
 
 Cierus, Fopulufq- Rom. poni 
 
 tificem delegiffent. Is, nulla 
 
 amplius Imperatoris coniirma- 
 
 ticne expedata, more vetuHiif- 
 
 iimo itatim ab Epiicopis ordina- 
 
 retur. Annot, adi/it, Fela(zii II. 
 
 Some 
 
Benefices and Revenues. 4.9 
 
 Some there are v/ho affirm, that Lewi^s renounced 
 the Right of confirming the Pope, and al'edge for 
 Proof^ thQ Canon Ego Ludovicus '^' j which hiany o~ 
 thers of great Learning, and with great Appearcnce 
 of Realbn, maintain to be a meer Figment (2). But 
 it would be time mifpent to reaibn any longer npoii 
 it, feeing it is out of all Controverfy, that Lotharlus 
 and Lewis II. Son and Grandfbn of this Emperor^ 
 confirm'd all the Popes elected in their times. 
 
 * Dif}incJ:,6y, Vide Flc rum 
 de Eledicnibus, in fine operum 
 Agobardi, cap. 6. ]?^^-. 2.58. & 
 ibi Baluzium. Vide etiani The- 
 gan. ^d. annum 816^ CS" 817. 
 
 (2) Witnels what Plalhia fays 
 in the Anfwer oi' Lewis the De- 
 bofiahe to the JDeputies from 
 the Pope, That the People and 
 Reman Clergy ought not to 
 contradict ancient Cuftoiri, nor 
 the Agreementoi dicrir Fathers, 
 and that they fhouldt^ke great 
 Care for the future, how thL-y 
 offended againft the Jmpyrial 
 Majefty. . 
 
 Paichalis nulla interpofita Im- 
 peratoris authoritate J^ontifex 
 creatur. Hanc ob rem ubi Pon- 
 tificatum iniit, ftatim legatos ad 
 Ludovicum inifit, qui ejus rei 
 culpam, omnem in Clerini & 
 populum reiicerent, quod ab 
 his vi coadus Fontiilcun^ mu- 
 Tjus obire. Acccpta hac tatif- 
 faitiorie Ludovicus refpondii., 
 populo & Clero majorum infti- 
 tuta, & pa(£ta fervanda efle ; 
 caverent ne deinceps majellatem 
 Isederent. In vita Pajihaiis i. 
 
 As for the Audiprs, wlio 
 liave writ, that Lev^is the De- 
 bcnairc had renounced the RiMhi 
 
 of confirming the Popes, tis an 
 Error perhaps which might 
 ariie from what Vlatini reports 
 in the fame Life, which the 
 Librar}-K eepeiv^w^j'?^/;^.'^-, that 
 is. Chancellor of the holy See; 
 relates. That Leirpn granted to 
 Fafcbal the ible i ower of 
 choo/ingBilhops, to whole Con- 
 fecratlon the Conlent of the 
 Emperors was heretofore necef- 
 fary. 
 
 idem Eibliothecarius fcribit 
 Ludovicum liberam elig^ndo- 
 ruiri Epif:oporum potellatem 
 Paichali dedilie, cum antea t^ 
 quoq; in re i mperatores con- 
 lulerentur : Quam potefcatein 
 ab Hadriano Pont. Carolo cbn-^ 
 ceflamidem /.uthor refert. 
 
 For, admitting th^'t Levrii 
 had relign'd back to the Pope 
 the Right of. e'eiting Fifnops,- 
 ^vhi7h I ope Hadnan had con- 
 conreh-'d on thermpe. ovCbailes 
 his rather, it doth 1 ot .bflcw,' 
 that he was depriv'd U' the 
 icweroi confirming the tkSi' 
 on of the Popes. Add to thi'i, 
 that the Canon P^^o Ludoijicui is 
 in a Stile very different from ali 
 the At\s of Charkjfjairrn and 
 Lewis, and tliat it h withc'iit 
 L'^ate or Seal. 
 
 i^ in 
 
50 Of Ecclesiastical 
 
 In that Age, and the Times both preeeding and 
 following, when it fometimes happen'd, that the 
 Abfence*^ of the Prince occafion'd Delay of leveral 
 Months in the Confirmation and Confecration of 
 the Pope, the EleO:, however, did not alTert his 
 Choice by any Ail of Government, until he were 
 confirm'd, imlels Ibme Emergency made it neceflary, 
 and to fiipply a Defeft in the Adminiftration : As 
 it happen'd ir* the Cafe of St. Gregory : And he was 
 not call'd Eplfcofusy but only Ele^as : Nor did he 
 even hold the firll Place in the Church ^ but the 
 Arch-Prieft, who itifd himfelf, Servans Locum [an^<& 
 fedis j4fofiolica. 
 
 But after that Princes were excluded out of the 
 Election, as fliall be iliewn in its proper Place, there 
 was but a fmall Interval of Time betwixt Election 
 and Confecration. However it was not faid that 
 the Popedom was conferr'd by Eledion only, but 
 by Confecration alfo : So that if the EleO: came to 
 dye before Confecration, he was not placed in the 
 Catalogues of Popes. Of which one Stephejiy ele&d 
 ^ in the Year 752, after the Death o^ Zach arias ^ is an 
 Inftance, who, tor not having been confecrated, was 
 never reckoned in the Number (d). 
 
 By what appears, Nicholas 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 
 EfFed of Malignity and Perverfenefs, could not be 
 crown'd, he fhould neverthelefs exercife his Autho- 
 rity, as the true and lawful Pope, in governing the 
 
 (d) Licet defunfto Zacharia, 
 (faitb Platina, in the Life of 
 rope Stephen II.) Stephanum 
 quendam Presbytcruni Roman, 
 i'ontificem Populus Statim cre- 
 
 aflfet, qui tertia die Pontificatus 
 fui, duni res domefticas difpo- 
 nere incipit morbo'Apoplexiae 
 correptus interiit, 
 
 'Reman 
 
Benefices and Revenues. 51 
 
 ^oman Church^, and in diipoiing the Goods of the 
 holy See. 
 
 However there are Ibme Traces lefc of the ancient 
 XJiage, for if the Pope make a Bull before Conlecra-. 
 tion, he doth not lay, Pontificatus ?2ojh'i ^^?nio i, birc 
 only, A Diefuceftl a nobis Afoftulattis Officii -p. And 
 there want not thole who maintain, That the Pope, 
 before his Conlecration, ought not to ftile himfeif 
 Efifcofusy but Ele^lus ^ and tiiat he hath no Right to 
 iifue Bulls. Infbmuch that this Right being con- 
 tefted with Clement V. he publiih'd a Bull "in ths 
 Year 1 30^, to forbid under Pain of Excommunica- 
 tion any fuch Qiieftion to be brought into Dilpute ^. 
 So that it is now a lettfd Point againll the Opinion 
 of all Antiquity, That the Pope receives all his Au- 
 thority from his fole Election by the Cardinals. And 
 it was in this View that die Writers of thofe times 
 have, with Ibme Pains and Contrivance, inlerted 
 this Stephen (3). whom we have lately mention'd, 
 in the Catalogue of Popes : And to hniih their De- 
 lign, they have therefore given themlcivcs the Trou- 
 
 * This Decretal is reported 
 hy GratlaUi dift, 23. camn in 
 nomine Domini, i. 
 
 \ That is, from the Day of 
 our having undertaken the A- 
 poltleihip. 
 
 * This Decretal is in the 
 Extravagant's Conimun. lib, '^. 
 ca^, 4, tiU 10. Vide '^chn de 
 Selvo de Beneficio, part, 1. 
 quefl. 2. 6c Bla^,Ortix, in Iti- 
 lierario Adriani 6. cap, 7, 
 
 (3) Oniipbrius PanviniuS) an 
 Author wholly devoted to the 
 Church of Rome, has not rec- 
 koned him as luch^ neither in 
 his Catalogue, nor Chronicle of 
 the popes. He only mentions 
 
 him In thefe Terms: Jintc^udm 
 tamen Stepbnnus c^tudam ryes'- 
 byter a PcpuJo creatus ttrtia pcji 
 die cbiit. In Catalogo. V\ here 
 is to be oblerv'd, that he names 
 Stephen II. immediately alter 
 Zacharim'^ whereas he ilioull 
 have nam'd the Stephen in qiie- 
 ftion be'bre Sisphen II. who 
 would have hetn Stephen l\\, 
 if the other had been aaually 
 Pope, and lo acknov/ledg'd. 
 Thib fllc^V3, That at that tim-r 
 to be Elefius, was not all that 
 was necellaiy to be Epifcopuis % 
 and that a Man did not be jonie 
 Epifc:pi<%-i but by Conic .-rati^.n, 
 which 1-bllow'd ibe hicdion. 
 
 £ 2 b!e. 
 
5^^ Of EcctESIASTICAL 
 
 ble to change the Knmbers of all the following Ste-" 
 fhens that were Popes, calling the iecond, the third ^ 
 the third, the fourth ^ and lb all the reft conlequen- 
 tially to the Ninth, which they make the Tenth C4) 
 with vafl Confulion and Contradidion among the 
 old and ntw Writers, who are thus made to give 
 one another the Lye, and only for the Interell of 
 maintaining this iingle Point ■^. 
 
 (4) The fame Pavinius in his 
 JSfctes en the Life cf Stephen V, 
 explains the matter^ viz. That 
 Stephanus YI. dicendus eiiet, 
 non V. quod ante Stephanum 
 illumj quem Platina fecundum 
 vocat, fuerit Papa Stephanus 
 alter qui tridub tantum vixit : 
 Non enim plus vel minus Vi- 
 vendi ratio aliquem verunl Pon>> 
 tificem facit, led vera & legiti- 
 ma comitia, quibus Stephanum 
 ilium renunciatum eife conilat. 
 
 Jdeo ^ in Stephanis numerroruin 
 mice mutandxy £5" qui alits efi 
 2, 3, 4, 5. hie debet ejfe 3, 4> 
 5, 63 ^c. ufq\ ad 10, 
 
 ^ The J)ead have nothing 
 left but Reputation, and to go 
 about to deprive a Writer of his 
 Veracity, is the only v/ay of 
 robbing him. And thus the poor 
 dead Authors were charg'd with 
 a Falfity arid Inlincerity, which 
 hath not been fet to Rights a- 
 gain in Ibme Ages. 
 
 CHAP. XVL 
 
 T is plain the Government of the Church in its 
 Beginning was intirely Deniocratical, All the 
 Faithiiil having a Share in all Deliberations of Mo- 
 ment. Thus we find them all aflifting at the Ele- 
 ^lion oi Matthias to the Apolllefhip (i), and of the 
 ^Qv^n Deacons (2) : And . v/hen St. Feter had re- 
 ceiv'd the Centurion CGrnelius^ who was a Gentile (3), 
 into the Number of Believers, he gave an account of 
 it to the whole Church f 4). 
 
 (i) Aa. T. 
 
 I C3) Aa.-io* 
 
 * (4)Aa. II. 
 
 Thus 
 
Benefices and Revenues. 55 
 
 Thus the famous Council of Jerufalem was com- 
 posed of the Apollles, the Piiellsj and other Bre- 
 thren in the Faith •, and the Letters which were 
 writ from that AfTembly, went in the ^t^ame of thofe 
 Three Orders (^) 
 
 But as the Church encreas'd in Kunibers, the 
 Faithful neglefting to affill any longer at thofe pub- 
 lick AiTemblies, and withdrawing themfelves to the 
 Cares of their own Families, the Government refted 
 fblely in the Minifters of the Church, and ib inien- 
 libly became Ariftocratical •, which brought all Af- 
 fairs to have their Determinations by Councils : 
 Excepting as to Eledions, which continued Po- 
 pular flill. The Biihops of the fame Province af^ 
 lemblcd with their Metropolitan at leaft twice a 
 Year, and made a Provincial Synod. The Clergy 
 with their Biihop made a Dioceian Synod. And 
 almofl daily they held an Aifembly, call'd TheCon- 
 fifiory^ in Emulation of the Imperial Council of 
 State, and as if they affefted to rank themfelves 
 with the Council which carryM that Name. 
 
 In this Ecclefiaftical Confillory, which was com- 
 pos'd of all the principal Perfbns of the Churches 
 in the City, affiiled by the Bifliop, all the Affairs of 
 the Church were propos'd, debated and determined : 
 A Cuftom every where fmce aboliih'd, except at 
 Bome^ and there the Shadow of it only remains. 
 .But after Benefices were erected, that the Prieils had 
 their Maintenance apart, tliey made the Intereil of 
 the Community fo little their Care, that they ceas'd 
 to go any longer to the Coniiftory, which thus iell 
 into difufe, and was held no more. 
 
 {a) Tunc placuit Apofcolis: manus eorum, j^poftoli, & fc- 
 & fenioribus cum omni Ecclefia niores Fratres, his qui funt An- 
 piittere Antiochiam viros pri- tiochisa & Syriae, 6^ Cilicias, 
 mos in fratribus fcriber.tes per fratribus ex gentlbusj Salutem, 
 
 E 3 Tq 
 
54- Of Ecclesiastical 
 
 To fupply this Fiiilure, the Biihops held an Al^ 
 fembly of all the Clergy of tlieir Cathedral Church, 
 to ailift in their CouncUs, or otherwife to admini- 
 fter in the Spiritual Government. And thele re- 
 ceiving their Subfiftence out of the Conimon-ftock, 
 either by the Year, by the Month, or by the Day, 
 were calfd Canonici ^Canons] from the Word Canouy 
 vs^hich in the Weftern Empire lignify'd liich a Mea- 
 Hire of Corn (b) as was Hifficient to feed a fingle 
 Man, a Family, or a City. And this Inftitution 
 of Canons took riie a little before the Reign of 
 Chariemaigrty by whom alfo it receiv'd fbme Ipi- 
 provement in its Regulation. 
 
 (b) Canon {faith John Cal- 
 vin zn his Lexicon) in Conlli- 
 tutionibus Imperatoriis, anni- 
 verfariam penfltationem, col- 
 lationem, $: prseftationem figni- 
 ficat, qu» a Provincialibus 
 cjuotannis populo vel Romano, 
 %'el Conftantinopolitano gratis 
 iiiittehatur, & Ipeciebus his 
 conftabat, frumento, vino, 
 carne, oleo, ^c, 
 
 Andi it is this Canon which 
 Cajjlcdcr means, and which he 
 commands the Venetian Tri- 
 bunes to fend in their Barks to 
 'Ravenna, 
 
 Data Juffione cenfuimus, ut 
 Iftria vini &olei fpecies ad Ra- 
 vennatem dirlger<et manfionem. 
 
 Sed vos qui numerofa navigia 
 in ejus confinio poflidetis, pro- 
 videte, ut quod ilia parata eft 
 tradere, vos ftudeatis iub cele- 
 ritate portare. As for Canons, 
 Rara avis in terris (faith the 
 Abbot Valuinus) Canonicus a 
 Canone vitse. Unde ergo ? Au- 
 di unde, eft namque Canon vi- 
 tae, & eft Canon pecuniae, vi^, 
 alicujus penlionis certa;, unde 
 folet dici, folveCanonem meum, 
 Ejaergo, bCanonice! invenia- 
 mus Canonem tuum a quo de- 
 rivaris, a Canone pecunise, non 
 vitae, id eft, Canone Regionis, 
 non a Canone Religionis. In ho- 
 mlia dn Zi^ania, 
 
 CHAP. 
 
Benefices and Revenues. 55 
 
 CHAP. XVII. 
 
 IT is yet farther to be obierv'd, that in thofe 
 times the Benefices and Revenues of the Church 
 were grown to that Size, that they became Rewards 
 for the principal Men of the Court and Cities, who 
 were made BiJhops, fo the Biihopricks fell to their 
 Share, to whom alio the Prin^ 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 Qiiality 
 or Station;, but as the particular Affairs of the Place, 
 the Abilities of the Bifhop, or fometimes the hica- 
 pacity of the Earl or Comes requir'd ^ v;hich De- 
 feat was then fupplied, by fubflituting the Biihop 
 in his Room. 
 
 And hence it came, that when the Poficrity of 
 Charlemaign fell into Hich a State of Degeneracy, as 
 to fink at laft into the moil profound Ignorance of 
 thoie Ages, the Bifliops thought it advilable no 
 more to acknowledge this Authority as derived 
 from the Prince, from whence it realy came, but 
 to aiTum it to themfelves, and exerciie it as a Right 
 peculiar to their Fundion, under tht Name of i^V- 
 clefiaflical Jurlfdi^ilon, 
 
 Such was the Original of this Power, which we 
 now fee continually and fo defpcrately conteiled^ 
 with Princes, even to the endangering the Peace of 
 the beil Civil Governments, and throwing them 
 fometimes into Convulfions. 
 
 E4 CHAP. 
 
56 Of Ecclesiastical 
 
 CHAP. XVllI. 
 
 TH E want of Spirit and Genius in the Prin- 
 ces of Charlemaigns Pofterity, fo requifite to 
 fit them for Empire, made his Statutes of no long 
 Duration ^ lo that the firfl Diibrders regain'd apace. ' 
 The People, in few Places, and very rarely had any 
 Share in the Eledion of the Biiuops, and leis in 
 that of the other Minifters of the Church. The 
 Biihops ordain'd whom they pleasM, and difpofed 
 Benefices with the lame Liberty : Except when the 
 Prince pleas'd to recommend any Man, and then 
 they never faii'd to obey. The Pope was always 
 chofen by thz People, and confirm'd by the Empe- 
 ror before Coniecration, and the other Biihops of 
 Italy were never coniecrated, until the Emperor had 
 hril approy'd them : And this was yet more ftriclly 
 oblerv'd in France and Germany. 
 
 When the Pope would favour any Man's Preten- 
 fi ons to a Bi/hoprick neighbouring to Rome^ he ap- 
 ply 'd to the Emperor to defire his Nomination. 
 And i^ it happen'd that the Pope were apply'd to 
 for his Confecration of a Perlon who had not the 
 Imperial Letters of Licence, he refus'd Confecration 
 till iie obtained it. 
 
 Bitt the Poilerity of Charlemaign having been dri^ 
 vca out ox Italy in the Year 884. Pope Hadrian IIL 
 ordain'd. That th.Q Popes fhouldy for the future, 
 be confecrated, without applying to the Emperor(^) 
 at all. In 
 
 {a) Hadrianus TIT. faith PI a- 1 populumq; rctulerit, an. Dom. 
 tmd.intheh'<iinnmgcfhisltfi!-:,\'ig<,, ne in creando Pontifice 
 ■tanti anirni tuit, ut initio Pon- j imperatorisauthoritas expe<rta- 
 tliicatus iui ilatim ad ienatum retur^ utq: libera elfent, & 
 
 Cleri 
 
Benefices and 'Revenues 57 
 
 In treating on this Subjefl: of Benefices, it will 
 certainly not be forreign to our Pnrpofe to take No- 
 tice 'of the Popedom itfelf, as we ihall again have 
 occalion to do in the Sequel of this Diicourfej fee- 
 ing it certainly is defervedly to be rank'd in the 
 Number of Benefices-, and as it has been cxprelly 
 fo Itil'd by Clement III. in a Time wherein the Pope 
 had not only afcended to the higheft Pitch of hu- 
 man Greatnels, but had taken alfo a particular Stile 
 of Dignity to diftinguiili him from other Biiliops. 
 Nothing is more known, than that the Names of 
 SanBuSy SanEiiffimuSy beattiSy Beatiffimus^ were com^ 
 mon to all Believers in Christ, when all Men un- 
 der that Profefllon, were alpiring to an abfolute Per- 
 fe£lionofHolineis. 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 
 thole blefTed Names, they fell to the Share of the 
 Ecclefiailicks only. 
 
 And after the Remifriefs that was found in the in- 
 ferior Clergy, from their primitive StriO:nefs of Life, 
 thefe Names remain'd to the Biihops only •, but 
 when they too came to fink in their Charafters, by 
 too eager a Puriiiit afcer the Things of this Vv^orld^ 
 the Biihop of Rome alone retain'd thele Titles, in 
 whom they ftill continue, not as Defignations of 
 Vertue, but of Grandeur and Power. 
 
 Cleri & Populi Sufrragia. — 
 Quod quidem Inilitutum a Ni- 
 cholao I. tentatum potius quam 
 inchoatum. Illeclumcredohac 
 opportunitateHadrianum, quod 
 Carolus {thU was Charles the 
 Crofs) imp. ab Italia cum Exer- 
 citu diicedens in Normanos re- 
 t)ellantes moverat. 
 
 The lame Flat may in the Lite 
 Q^Vo^Q Haddan II. laith; that 
 
 Lev:ii ths Star?imerer approvd 
 the Remans having put the Pope 
 in Polleffion of the Popedom 
 without ftaying for the Confir- 
 mation of the Emperor : On 
 which" falfe Step, '"tis pro- 
 bable, Adrian 111. took the Re- 
 iblution of exduding the Em- 
 peror from the Eledion of the 
 Pope. 
 
 As 
 
58 Of Ecclesiastical 
 
 As for the Name of Pomifexj it was, and is a 
 Islame common to all Biihops ^ and there are fome 
 Canons ftill extant. Wherein all Biihops are ftil'd 
 Summl Pomifices {h). And even the Name of Papa^ 
 which leems to be a Title moll pecular to the Pon^ 
 tifex Romanusy was given indifferently to all Biihops. 
 St. Cyprian^ Biihop of Carthage^ is call'd Papa ^ St. 
 "jjerom gives this Title to St. Auguftine : And in later 
 Times Sidonius Affolinaris^ and many of the Biihops, 
 ftile one another by the Name of Popes (c). 
 
 And we find in the Decretal of Gratlany Titles of 
 ieveral Canons, wherein Martin Biihop of Bragua 
 is call'd P<«/>^. 
 
 GregoryVlL was thefirll who in the Year 1016 (d) 
 decreed that the Name of Pope iliould be peculiar 
 to him and his Succeffors, and be afcrib'd to none 
 but the Roman Papa (e). 
 
 And 
 
 (b) Vide Wtticbhid, pag. 22. 
 2^iember 10. Omnia (faith the 
 Capitular of Aix la Chapelle) 
 fummis Pontificibus debentur, 
 6: non Chorepilcopis, qui nee 
 iummi Pontiiices nee Epifcopi 
 fuerunt. cap, 6, anno 803. 
 
 (f) Hanc voceni, (faith Pan- 
 vinius in his Interpretatim of 
 Ecckfiafiical Names) onmes an- 
 tiqui Chriftianorum Epifcopi 
 ]^ro Patre, & five majore Patre 
 frequentarunt, & prxfertim 
 magnarum (& iniignium urbium, 
 ut Romge Carthaginis, Alexan- 
 drix, Antiochiae, Hierololymo- 
 Tunij^r. Cornelius enim E- 
 pifcopus Romanus, & alii multi 
 in Epiftolis fais Cyprianum 
 Carthag. Epifcopum Papam & 
 Papatem vocant. Dionyiius A- 
 lexandrinus Ep. Heraclam Pre- 
 
 decefTorem fuum in Epifl;. ad 
 Philemonem Presbyt, Roman- 
 um beatum Papam nominat. 
 Similiter Athanalius, Theophi- 
 lus & Cyrillus Epifcopi Alex- 
 andrini Papae dicuntur. Sidoni- 
 us in Epiicopis fuis paflim om- 
 nes Galliarum Epifcopos Papas 
 appellat. Vide Savoronem ad 
 Epifi, I. lib, 6. JEpifl, Sidonii 
 Apolinariis, 
 
 (d) In a Council held at 
 Rof7?e. Vide Sirmond ad Enw* 
 diutriy Lib, 4. Ep, i. 
 
 (e) Haec vox (faith Panvi- 
 nius, ibid.) poft Gregorii I. 
 tempora, reliquis Epiicopis a- 
 dempta, foli Romano Pontifici 
 attributa eft, qui & Apoftolicus 
 eft aliquando did us, ob praeci- 
 puae Apoftolicse fedis, cuiprse- 
 eft, reverentiam. 
 
 In 
 
Benefices and Revenues. 59 
 
 And this Matter was cariy'd fo high, and with 
 fo much Appearance of Party-rage and Fadion, 
 that Anfelm Biihop oi^ Lucca, one of his Followers, 
 hath not fcrupl'd to fay, That it is as abfurd and 
 impious to fuppofe there are more Popes than One^ as 
 that there are more than One GOD. 
 
 In which Fanvlnim and Frd. 
 FaoJa are very different, but as 
 the firfl: liv'd in the Court of 
 Jtowe^ it look'd like a CompU- 
 ment to that Court, to dilTal- 
 low the Name of Pope to the 
 Bifliops, 4 Ages before the 
 
 Pontificate of Gre^crj' VII. But 
 tho' this Pope had taken it a- 
 way from the other Biihops, 
 yet Urban II. his Succellbr 
 fcruples not to call Anfelm 
 Archbilhop of Canterbury y Pa" 
 pam alterim crbif. 
 
 CHAP. XIX. 
 
 BU T to return to the Times immediately fol- 
 lowing the Line of Charlemaign, France gave 
 Birth to an Invention, which tho' it leem'd to be all 
 in Favour of the Laity, yet prov'd an immenle Em- 
 creafe of Wealth to the CJiurches. This was a 
 Contraft cail'd Frecaria (i) ^ by which, whoever 
 
 (i) The Vrecaria were in ufe 
 from the time of St. Augujiine, 
 Witnefs Pofftdm in his Life, 
 chapj. 24. and the Monk Mar- 
 cuJJhs in his Forwulce, 
 
 Add to this the Canon i8. 
 CcnciUi Epaonenfis, held under 
 Cblldeberty anno 517. Cierici 
 <]uod etiam fine precatoriis qua- 
 libet diuturnitate temporis de 
 Ecclefi* remuneratione poiTe- 
 derint cum authoritate glorio- 
 filliitii Principis noftri^ in jus 
 
 proprietarium praefcriptione 
 
 temporis non vocetur, dummo- 
 
 do pateat Eccleiije rem fuifle : 
 
 Ne videantur etiam Epifcopi 
 
 adminiftrationis prolixae, aut 
 
 precatorias, cum ordinati funt, 
 
 facere debuiffe, aut diu tentas 
 
 Ecclefiae facultates proprietati 
 
 fu3e polTe tranfcribere. Vide 
 
 1 Can, I. Concil, Agath. anno 506, 
 
 j Can. 7, ^ 45 • AureJian. i. 
 
 \ anno '^11, Can, 2^, AureL 4, 
 
 ' Can, 34. Ztfgd, 2. Cap, 5. 
 
 made 
 
6o Of Ecclesiastical 
 
 made a Gift of his Ellate to the Church, had the 
 Profits or Ufufruft returned him again, and twice the 
 Vahie belides, during his Life. And to thole who 
 would quit their Ulufru6t alio to the Church, fhe 
 gave three times (a) the Value in other Ellates of 
 die Church to enjoy in Exchange : And this Uiage 
 pafs'd from hence into Italy. 
 
 For the P relent, this Contrail turn'd manifeftly 
 to the Advantage of thofe who trebled their In- 
 come, and of fuch as had no Children, or who 
 were more concern'd for their prelent Advantage 
 than for their Families : But in Truth the Church 
 was the Gainer, which after the Death of the Pp- 
 nor Iwept all. 
 
 From this Time until the Year 9^3, during the 
 Space of 80 Years, wherein Italy laboured under the 
 extreameft Confulions, as well in the Civil Govern- 
 ment as Eccleliaftical, efpecially in th.Q Papacy (b)^ 
 we muft not expeft to find any Traces or Form of 
 good Government in the Church, but a nieer Chaos 
 
 (^a) This was order'd by the 
 Canon 22. of the Council o'i 
 MeauXi i n 8 4 5 . Precari se aute m 
 a nemine de rebus Ecclefiafticis 
 iieri praefumantur, nifi quantum 
 de qualitate convenienti datur 
 ex proprio, duplum accipiatur 
 ex rebus Ecclelise in fuo tantum 
 <qui dederit nomine^ ii res pro- 
 prias & EccleliaiHcas uliifr U(ftu- 
 ario tenere voluerit. Si autem 
 res proprias ad prseiens dimile- 
 rit, ex rebus Ecclellallicis tri- 
 pulum fruc^uario ufu in iuo 
 tantum quis nomine iumat. 
 
 This Council therefore, to 
 whom Fra, Paul Teems to attri- 
 bute the Inftitution of the Tre- 
 carla^ h not the Autlior of it. 
 ■Its Decree bein^ only a Con- 
 
 firmation of an Ufage eftablifh'd 
 long before. Where is to be 
 obleiT'd, That^ at i^rft thefe 
 Vrecar'ia belong'd to none but 
 Ecclefiafticks, and that after 
 Seculars were alio admitted, 
 and even before the reign of 
 CharUmaign^ 
 
 (b) Platina in the Life of 
 Fcrmcfm I. laith^.That by a 
 ft range Fatality the Sanftity of 
 the Popes ended with the Spi- 
 rit and A(ftivity of the Emper- 
 ors. And in the Life of Bene^ 
 dicl, IV. he faith, Acciderat 
 huic getati, ut homjnum induil- 
 ria in quovis genere virtutis con- 
 fenefceretj nullis calcaribus ad- 
 hibitis, quibus'hominum inge- 
 nia ad laudem excitarentur, 
 
 of 
 
Benefices and Revenues. 6i 
 
 of Impieties, and a general Preparative and Fore- 
 runner of the miferable Revolutions and Difouders 
 which foUow'd. 
 
 Popes were then excommunicated by their Suc- 
 cefTors, and their Ads caiied and annuU'd : Kot 
 excepting the very Admin -'ft ration of the Sacra- 
 ments (c),. Six Popes were driv^en out and dethron'd 
 by thole who alpir'd to their Places (<^). Two Popes 
 put to Death 0, and Pope Stephen Vill. wounded 
 
 {c) Stephanus VI. (faith 
 Platina in his Life) tanto odio 
 perfecutus eft Formofi nomen, 
 lit ftatim ejus decreta abrogavo- 
 
 rit res geftas relciderit — 
 
 Arbitror hoc odium ex ambitio- 
 ne ortum fuifle, cum jam eb 
 deveniffent Eccleliaftici, ut non 
 coaili^ut antea/ed fponte^& lar- 
 gitionibus Pontificium munus 
 obirent Res peilimi exem- 
 pli cum poftea fere Temper Ter- 
 vata haec confuetudo ilt, ut aAa 
 priorum pontificum fequentes 
 aut infringerent aut omninb tol- 
 lerent. 
 
 Romanus I. did the fame to 
 Steph, VI. which Stephen had 
 done to FcrmcfuA* Stephani Pont, 
 decreta ^ a8:afiatim improbat^ 
 abrcgatq\ faith Platina in his 
 Life. And Thecdorus II. autho- 
 rized all the A(fts of Fcrmofus, 
 and favour'd his Adherents, 
 faith the iame Platina, John X. 
 who fuceeded Thecdorus con- 
 firm'd alfo the A(fts of Forme- 
 fuSy and condemn'-j the Judg- 
 ment 0*1 Stephen VI. declaring, 
 that he had unjufty annulled 
 the Ordinances made by Br- 
 tfjofuu 
 
 Habito 74 Epi(coporum con- 
 ventu («f Ravenna) <:s: Stephani 
 res geftas improbavit, «!<c For- 
 mofi 0(fta reftituir, dijudicans 
 perperam a btephano factum 
 qui cenfuit eos iterum ordinan- 
 dos cffc;, quos Fcrmoliis ad 
 lacros crdines afciverat. (^Pla- 
 tina in vita) And Sergius IIL 
 reftor'd all thole whom Fcrmc- 
 fus had degraded from the 
 Priefthood. {Platina,) 
 
 (d) Leo V. was dethron'd 
 and imprifoned by Chriflcpbe* 
 rus, who had been hi-, dcme- 
 ftick Chaplain. Chrificpherus 
 was dethroned in the 7 th Ivionth 
 and put into a Monaftery, the 
 ordinar}- Exile of Church mcrn 
 in thofe Days. (Platina.) ' ■ 
 
 (e) ^obn IT. (according to 
 Panvinini, who doth not reci^on 
 the Papels 'yean with Platina) tri 
 vincrda conjecius cervicali rn cs 
 coijecto, necatur (l-jatina in vita) 
 I do not £nd in this Hiftorian, 
 
 ncr m Pan-Jimus- 
 
 the other 
 Pope whom Fra, Paola men- 
 tions to have been kill d. 
 
 in 
 
6l Of ECCLESIASTICAI. 
 
 in the Face, with fb much Deformity, that he ne- 
 ver after appear'd in Publick f/). 
 
 Theodoray a famous Courtizan, by the Intercft and 
 Faftion ihe had then in Romej got her profefs'd Lo- 
 ver chofen Pope, who was call'd JohnX, (g). And 
 *3ohn XL was cholen Pope at the Age of 20 Years, 
 the Bailard of another Pope (h)^ dead 1 8 Years be- 
 fore. And in fhort, fuch a feries of wild Difbrders 
 gave occalion to Hiftorians to fay, That thofe Times 
 froduc'd not Pofes^ hut Monfters (i). 
 
 Cardinal 
 
 ^ (f) Stephanas VIII. ut Mar- 
 tinus refert, in feditione muti- 
 latusj turpiter aliquandiu vitani 
 duxit, cum ob inhonefta vulnera 
 (probably the Nofe and Ears rvere 
 cut off ) prodire in publicum 
 crubefceret. (Platina in vita.) 
 
 {g) This Hiftory is related 
 hy Zmtprandy lib, i. cap, 13. 
 Onupbrim Panvinim faith^ that 
 this Pope was not the Son of 
 Pope Sergim III. as Platina 
 tells us. 
 
 (h) ViX' o? Sergim III. and 
 of Marc^ia, Daughter of the 
 Curtezan Theodora, who pro- 
 ftituted her Daughters to the 
 Popes. 
 
 Joannes II. (faith Panvinius) 
 Sergii Papse & Marocise nobilil- 
 fimx inter Romanes femins 
 (Jhe was Widow of Guy Mar- 
 ^uifs of Tufcany) iilius matris^ 
 cjux tunc in urbe potentilTima 
 erat, authoritate & ftudio fuc- 
 
 celTit pofl Leonem VI. & 
 
 Stephaniim 7. Platina calls him 
 ^chn XII. Joannes XIJ. patria 
 Romanus, patre Sergio Pcnti- 
 
 (i) Ubi cum ipfis opibus, 
 (faith Platina in the Life of 
 EenediaiV.) Lafcivire caepit 
 Ecclefia Dei, verfis ejus culto- 
 ribus a feveritate ad Lal'civiam, 
 peperit nobis.tanta Licentia pec- 
 candi haeci^ortenta, a quibus 
 ambitione& largitione, fancftif- 
 lima Petri fedes occupata eft 
 potius quam polTelTa. Baronius 
 calls thefe Popes, fedis Apoftoli- 
 cae invafores, non Apoilolicos, 
 fed Apoftaticos an anno 908, 
 
 Fra. Paolo makes a very judi- 
 cious Refledion on the Difor- 
 der of Eledions in thofe times. 
 I have not found, laith he in 
 one of his Letters, Realons fuf- 
 ficient to prove the Truth of 
 the Hiftory of Pope ^can, no 
 more than I have met with any 
 to convince me of the contrary. 
 However, to Ipeak fincerely, I 
 incline to the Opinion of its be- 
 ing falfe, but not for its AlDlur- 
 dicy, that Age producing things 
 as extraordinary ^ a Lady s 
 being i'apefs. 
 
 1 he Perfecutions rais'd by 
 
 many of the Popes again ft the 
 
 . Memory 
 
Benefices and Revenues. 63 
 
 Cardinal Baronius, being under fome Difficulty 
 liow to treat thefe Corruptions, faith. That in thofe 
 Days the Church indeed was tor die mofl part with- 
 out a Pope, but not without a Head *, its fpiritual 
 Head Christ being in Heaven, who never aban- 
 dons it. 
 
 In Effeft it is certain, that Christ hath never 
 yet forfbok his Church*, neither can his Divine 
 Promile which he hath made us fail, That he will 
 be with it even to the End of the World (k .) 
 
 And on this occaiion it is the Duty of every Chri- 
 llian to believe with Baronius^ that the fame Calami- 
 ties which happened in the World at that time, hath 
 happen'd alfo at another : And, tliat as the Alll- 
 llance of Christ alone prefer v'd the Church in 
 thofe Times, 1h hath he afforded that Shield of 
 Defence to his Church, and will continue it to h^r 
 in all the like Events and Accidents of this World i 
 So that a Pope was not necelTary to the Exiftence 
 of a Church, even tho' there Ihould never more 
 have been a Pope (2). 
 
 A Man may eafily make a Judgment to himielf 
 how the reft of the Churches o^ Italy in thole times 
 
 Memory of their PredecefTorSj j cum fum omnibus diebus, ufq; 
 whofe A<5ls they annuird, and j ad conlummationem leculi. 
 even in Councils, being things 
 
 Matt, ultimo* 
 
 of no lefs Confequence. Befides 
 where is the great Difference 
 betwixt making a Woman Pope, 
 and a Child of 1 1 Years of T^ge, 
 fuch as Beuedz^ IX. was : ]\ot 
 to mention J'obn XI, and XII. 
 who were little older. 
 
 (k) Rogabo Patrem, & alium 
 
 (2 J Plane (faith Baronius ad 
 anno 908.) opus Dei eflfeRoma- 
 nam Eccleliam, qu32 tot admc-' 
 tis facibus non potuerit ad inte- 
 ritum ufq; coniUmi, & ad nihi- 
 lum redigi, facli evident ia de- 
 claravit. Stetit fane, _ llabltq; 
 lemper immobiiis de lede Pe- 
 
 paracletum dabit vobis, ut ma- tri, iententia ac proniiluo Chri- 
 
 neat vobifcum in aeternum ili, quod porta: f nferi non pr^s- 
 
 Non relinquam vos orphanos, valebuntadverluseam. 
 Jean, 14. Et QCCQ ego vobif-| 
 
 were 
 
64- Of EcCjLESlASTICAt 
 
 were treated, in coniidering the State of all the 
 other Members of a Body, when the Head is dif- 
 temperM. 
 
 But the general State of the Church was then, in 
 Truth, every where elfe as deplorable. Princes gave 
 Biihopricks to their Soldiers, and even to little Chil- 
 dren. Count Henhertj Uncle to Hugh Capet^ made 
 his Son Archbiihop o'i Reims (s) ^ and Pope John Xi. 
 conhrm'd it. 
 
 In thofe Days no Man went to Fomcy through the 
 miftaken Motives of Conlcience or Devotion f, but 
 if he defign'd to make bold with the Canons and 
 Uiage of thq Church, and found not Intereft enough 
 in his own Country to liipport him in it, he pre- 
 lently had Recourle to Eome : So it was not the Ob- 
 servers of the Laws of the Church, but the Brea-' 
 leers of them, whofe Bufmefs lay chiefly at that 
 Court, wliere a Man's Faults were his Qiialifi- 
 tions for all forts of Diipenlations j and where thQ 
 Apoftolick dilpencing Power ftood ready to give 
 Refuge and Shelter to all the Purpoles of Ambition 
 and Avarice. 
 
 Popes of Hich Chara&ers, as we have above de- 
 fer ib'd, made no Diilin£l:ion betwixt any Adions, 
 good or bad, that were in their Power ^ nor deterr'd 
 
 (5) Pod obitiim ipfius (faith 
 Flodoard, who xvas near his Cc- 
 temporary) Heribertus Comes 
 Remis venit advocans Abbonem 
 Epil'copum Suelfibnicum, & 
 Bovonem Catalaunicum, qui- 
 bus libi jurjftis;, tra<ftans fuper 
 elevflione Reftoris hujus Ke- 
 menfis Ecclcfiae, t?m Clericos 
 quam Laicos ad voluntatem in- 
 tendere fecit. Sequences igitur 
 ejus concilium, ne forte per 
 ejftraneas perfcnas Epifcopatus 
 
 divlderetur, eligunt filium ejus 
 nomine Hugonem, qui nee ad- 
 huc quinquenii tempus expleflet 
 Ub. 4. WJi. Rewenfisy cap. 20. 
 
 QuodifttantaEcclefia (faith 
 Baronius) male fuit a malo i rin- 
 cipe (7(h?2 iQ.) ulurpatum in 
 exempium citb tranfiit aliorum, 
 ut ccmplures hujus feculi Frin- 
 cipes iibi ianguine ccnjunclos 
 adolefcentulos in'fummas Ca- 
 tliedras curaverint promoven- 
 dos ad anno 925* 
 
 by 
 
Benefices and Revenues. 65 
 
 by the Wickecinefs of them ^ confidering every Op- 
 portunity of engaging great Men in their Interefts, 
 as an Encreafe of tneir own Power : And finding 
 their Intereft in maintaining vigoroiilly what th:y 
 had obtained, and the People, either through Sim- 
 plicity or Fear, were 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 realbnable to imagine, that the little 
 Care the Clergy fhew'd of ipiritual Affairs, 
 would have cooFd "the Zeal of lecular Men in their 
 Bounties to the Churches, and coniequently have 
 put an End to the Growtli of their Wealth : But it 
 took another Turn, for with a lupine Negleft of 
 Spirituals, the Spirit of defending their Temporals 
 feem'd to rife in Proportion. 
 
 The new Expedient they had found (for before 
 it was not in ufe on thefe Occaftons) of turning the 
 ipiritual Arms of Excommunication to the vindi- 
 cating all their diiputed Rights about their TempOr 
 rals, and recovering fuch as had been loft by the 
 Negligence of their Predeceifors, was a Weapon 
 they manag'd with fiich Succefs, that nothing ever 
 became more terrible to the People, than thofe Cen- 
 liires, which at firft had only been employed in the 
 Challilement of Sinners : And it was aitoniilring, to 
 fee Numbers of Officers and comaiion Soldiers, guilty 
 of fo many Rapines, and withheld by no Remorle 
 from the moil flagitious Crimes, iliould be leiz'd in 
 an hiftant w^ith a Refpe^l towards the Church, v^hich 
 look'd like a Charm, and guarded it againll Sacri- 
 
 ?. ledge, 
 
66 Of Ecclesiastical 
 
 Violence of that Powerj found it the eafiell way U 
 make a Deed of Gift or their Eftates to the ChurcnS 
 
 ledge, on the bare Appreheniions of its Cenfiires. 
 Hence it came, that many People of fta a 11 Coniider 
 ration and Fortunes, to skreen themfelves from the 
 
 % 
 
 and make themfelves her Subjects *, on Condition^ 
 that the Donor fhould be re^'nvefted with it as a 
 Fieij refcrving a Irnall Acknowledgment. 
 
 Thus the Church's Title became a Safe-guard to 
 thole who were too weak to defend their Eftates 
 from the Great-men any other way ^ which the 
 moft Powerful dar'd not to touch, when once they 
 became 5ignories of the Church. And when ever 
 the Male Line of thele Feudatories came to fail, 
 which was a common Accident, where Wars, and 
 popular Seditions were ib frequent, the SuccelTion 
 of Courfe fell to the Church. 
 
 CHAP. XXL 
 
 dU E S T 1 O N I. 
 
 T T Aving hitherto conlider'd the Methods, where- 
 J~A by the Church acquir'd her real Eftates ^ and 
 on what Foundation the decimating the Eftates of 
 the Laity came to be an eftablijli'd Right in the 
 Church, it will here be requiiite, before we proceed 
 farther, to refolve a Ql^eftion 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 received Opinion dift'nguiihes betwixt the 
 Churci'f s Tide to Goods, which come by Will or 
 
 Donation, 
 
Benefices and Revenues. 67 
 
 Donation, and that which ilie hath to Tenths, 
 Firft-fruits, and other Oiierings. 
 
 As to real Eftates, it is agreed by all, that where- 
 jlver they are found, they ought to be call'd tenipo- 
 Cral Goods, and that the Church enjoys them by hu- 
 man Right ^ leeing it is certain, and as we have al- 
 ready ihewn, that after all Communities and Aggre- 
 gate Bodies had been prohibited from acquiring im- 
 moveable Eilates, the Church, fir ft by Permifilon, 
 and then by Conceflion from the Emperors, obtained 
 that Power. 
 
 Agreeable to this is the Canon, Quo jure^ Bift. 8. 
 wherein it is declared, to be only by Virtue of hu- 
 man Laws, that.it is laid, Ihis inJieritance is mine, 
 or this Servant belongs to m.e ^ and that without 
 which, neither Church, nor any Perfon whatfbever 
 can be laid to have a Property in any thing (a). 
 
 It cannot be doubted, but that the Diviiion of 
 Eilates derives its Authority from the Civil Law, 
 or that the various Ways of transferring them from 
 one PoifeiTor to another, by Will, Donation, and 
 all manner of Contrad-s, are of human Inilitution. 
 
 There have been Examples of Kingdoms and 
 Republicks in the World, to whom Wills, and Te^ 
 laments were things unknov/n : The Roman Law 
 allows the Privilege of making them only to Roman 
 Citizens : And it is not conceivable, that the Means 
 of acquiring a Thing fliould be of human Pvight, 
 and the Enjoyment and Pofieflion of it iliouid be of 
 Divine Right. 
 
 Whenever the Title to any Gift or Bequeft to the 
 Church, happens to be contefled, it is decided by 
 
 (a) Jure humano dicitur, haec 
 villa mea eft, h^ec domus mea, 
 Jiic iervus meus ed. Jura autem 
 humana, jura Imperatorum funt 
 
 Tolle jura Imperatorum 3c 
 
 quis audet dicere, mea eil ilia 
 villa, aut meus eil: ille iervus, 
 aut domus haec mea ell. 
 2 l^umaji 
 
68 Of ECCLESIA STICAL 
 
 human Laws \ and if it be adjudg'd in Favour of 
 th.t Church, it is by Authority of the Laws ihe muft 
 be fecur'd in the PoffefTion. 
 
 But to infift no longer upon a Point, which feems 
 to be generally given up, we will leave it, with only 
 this Inrerence, which may very clearly be made 
 upon the whole Qiieftion, That whether the Ex- 
 emptions which xh^ Church Eftates enjoy, are ow- 
 ing to a Divine or Human Right, yet leeing both 
 the PoiTeflion, and the means of obtaining it, pro- 
 ceed both from the lame Law ^ and that the Lawyers 
 fay, that Tenures of Servitude, or Freedom and 
 Dominion, all derive their Right from the fame 
 Law : It would be a manifeft Contradidiion to lay. 
 That the Church might hold an Efirate, for Exam- 
 ple, ^jure Vcneto^ by the Law of Vtnice^ and yet that 
 Eltate ihould claim to be free and independent by 
 another Right. 
 
 As to the Qiieftion concerning Tithes, there are 
 two Opinions, one of the Canoniils fmgly, t]ie o- 
 ther of Divines and Canonifts, who ft uciy the holy 
 Spripture, and the Canons together. 
 
 The Canon ills fay. That Tithes are of Divine 
 Right ^ ; becaufe in the Old Teflament GOD gave 
 them, to the Levites (b) : And we have no reafbn to 
 be fiirpriz'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 Profefllon. 
 
 * Ccvaruvras is not of this 
 Opinion. Vide chap, 18. lib, i. 
 of" his varlarum RsfAiit. 
 
 (b) Filiis Levi dedi omnes 
 decimas Ilraelis in poireffionem 
 pro miniilerio, quo ferviunt 
 iiiihi in tabernaculo foederis — 
 
 Decimarum oblatione contenti, 
 quas in ufus eorum & neceilaria 
 Iperavi. Nt^w. 18. 
 
 De fi'iis Levi facerdotium ac- 
 clpientes (faith ,5'/'.PauO nian* 
 datum habent decimas lumerea 
 populo fecund, legem. Heb, 7. 
 
 GO D, 
 
Benefices and Revemtes. 69 
 
 GOD, by the Mlniilry of Mofes^ gave to the 
 Jewljh Nation a Law, which both in the Ceremonial 
 and Judicial Part, was defign'd to be the Municipal 
 Law of that Nati on,. until the com 'ng of Jesus 
 Christ, who was to abrogate and annul all its 
 Force (c). So that in Truth the Law of Tithes is 
 a Divine Mofaical Law, binding only to the Jervi-fl) 
 People at that Time, but not a Divine-Natural Law, 
 nor Chriftian, and conlequently binding to no Man 
 now. 
 
 The Legillature of any Government may enaft 
 the lame Laws with thole of Moles, but they can- 
 not be laid to be as binding, nor to carry the lame 
 Authority, nor can they be calfd Divine, but meerly 
 Civil Political Laws of the Prince who conftituted 
 tiiem. 
 
 There was a Divine Molaical Law, that a Blai^ 
 phemer Ihould be kili'd, but this obligeth no more 
 now, neither doth he fm, who puts it not in Exe- 
 cution. The Prince may make a Law to puniHi 
 Blalphemy with Death, and it would be a jull Law^ 
 and what delerves to be ftriflly oblerv'd ^ but this 
 would not make it a Divine Law, tho' GOD gave 
 it lieretoiore to the Jews (d). 
 
 In thele and many other cales^ where the Gaiio- 
 nifts fly to the Old Tellament, to defend the Lite- 
 refts they have in afferting the Divine Right, we 
 mull: take care to point out the Sophiftry, and to 
 
 (c) Tranflato facerdotlo, ne- 
 celte eft, ut (^ legis tranilatio 
 £at — - Reprobatio £t prsece- 
 dentis mandati propter infirmi- 
 tatem ejus & inutiiitatem, 
 
 mb. 7. 
 
 {d) Ho minus locutus eft ad 
 Moyien, dicers, tducLlaCpbe- 24, 
 Jiium extra caftra^ & ponant om- ' 
 
 nes qui audierunt, manus (lias 
 fuper caput ejus, & lapidet eurti 
 populus univerlus. hX ad filio^lJ 
 { Iraei loquens : Homo qui blai- 
 phemaverit 110 men Do mini mot- 
 te moriatur, !apir3.ibus opprimet 
 eum cnmis iilultitudo. Ltvit. 
 
 r 5 . nifiKe 
 
70 Of Ecclesiastical 
 
 make the proper Diftinrtion in our Anfwer, which 
 is. That whatever is of Natural or Chriftian Divine 
 Right, is binding to us ^ but not that which is of 
 Molaical Divine Right ^ 16 that if a Prince or Go- 
 vernment ihould make a Law exactly the fame with 
 that (5f MofeSj it will however be only of human 
 Right. 
 
 I cannot here forbear doing that Jullice to the 
 UnderHandings of thefe Doctors to affirm. That 
 there is much more of Artifice than Ignorance in 
 what they fity on this Subje^, to gain Credit with 
 weak and unv\^ary People, and to give a Sandion to 
 their Pretenfions of the ftrongeft Title in the World j 
 which is, the Divine Eight. But here they feem to 
 liie, to Hand convifted, and to be left without Re- 
 ply. For in the fame Text of Scripture, where 
 GOD commands the Tenth to be given to the 
 Levltes^ he alfo com.mands. That they ihall not pof^ 
 leis any Land or real Eflates \ and that they iiiall 
 content themielves with tjie Tithes only (e). If 
 therefore the People be oblig'd by this Command to 
 pay Tithes, the Lsvites are under the fame Obliga- 
 tion to take no Poilefiions of Inlieritance. 
 
 We find alio in the fame Place, That GOD 
 granted them only the Tenths of the Fruits 
 of thQ Earth C/), and neverthelefs the Canon 
 Laws ordain the Paym.ent of Tythes alio out of all 
 
 (e) Dixit Dominus Aaron, i cia Domini, & oblationes ejus 
 
 In terra eoruni nihil poffidebi-j comedent, ^i-ill aliud' accipient 
 liSj> nee habebitis partem inter jde poffeilione fratrum fuorum. 
 
 eos. An da Hi lie ajt^r it h fa/d 
 nihil aliud polTidebunt, decima- 
 rum oblatione contcnti. iV>/w. 
 i S. 
 
 Non habebunt lacerdctesj & 
 Levitse partem cS: hsereditatem 
 cuai reiicjurj ifraelj quia I'acriii- 
 
 Beat. 1' 
 
 (f) Omnem Medullam olei, 
 & vini, ac frumenti tibi dedi, 
 faitb GO D to Aaron, univerfa 
 fra'gum initia, quas gignit hu- 
 mus, <k Domino deportantur, 
 cederjt in ufus tuos. 
 
 JVIerchan- 
 
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 Induflry 
 whatfbever. 
 
 If G O D haye oblig'd the j€ws to the Payment 
 of no more than Predial lythes, then k muft be 
 granted, that Perfonal Tithes 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 Katural Lav/, that he v/ho adminiflers at 
 the Altar il-iould liv^e by his MiniHry (^). As \t 
 is an exprefs Command of Jesus Christ m thz 
 Golpel, chat the MiniHer, who preacheth th^ Word 
 of G O D to the People (/-J, should be maintained 
 by his Minillry. But the Proportion of the Al- 
 lowance is not determined, but- varied accord in^^, to 
 the Number of Per Ions, who iliare it, and the Cir- 
 cumllances of Time and Place, which make that too 
 much at one time, which would be too little at 
 another. Therefore the Minifters of Christ have 
 a Divine Right to a Part, but v/hether it be a Tenth 
 or a Twentieth Part, more or \q^?^ 's determined 
 by human Laws, or hy Cuilom, which is many 
 times as powerful. . 
 
 And where it is fiid in foine of the Decretals, 
 That Tithes were inilituted by G O D himlelf, or 
 that thz Payment of them is of Divine Right : In 
 that S^nik a certain Part is taken for ah uncertain, 
 
 Cg) FilusLevi,/^JM GOD, \ vans, magnum ed, fines carna^ 
 dedi omnes decimas pro ^"'- ini- lia veilra metar.iLis ? ibid. Oiii 
 fterio, quo ferviiint mini in ta- bene prjsiunt '-"resb) teri, duph- 
 bernaclo tederis. Nu>77, 18, '; ci honore digni habeantuz-j maxi- 
 
 {h) Domlnus ordinavit iis, me qui lahorant in verbo Ck 
 qui Evangeliuai annunciart, de doArina -'— Digniised: opei-^'- 
 Hvangelio vlvcre^ 1 Or, 9. Si rius merced;.' lua;> i Tim. <* 
 nos voDis fpiritunlia lemin-ivl- 
 
 F 4 and 
 
71 Of Ecclesiastical 
 
 and fo by the Tenth is iinderilood fuch a Part as is 
 reafonabie and necefTary : And as G O D hath in- 
 flituted Tytlies in the Old Tcftament, human Laws 
 have, by that Example, inllituted them in the Kew. 
 So that we may make this general Conclufion, That 
 all Ecclefiafticai Eftates, of what kind foever, are 
 in his Power, who is the Patron, and poileis'd by 
 Virtue of human Laws. 
 
 Nor let any Man objed that this undetermin'd 
 Part is due by the Divine, Natural, and Evangelick 
 Law. For there is a great Difference, as the Law- 
 yers well oblerve, 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 Demeafn or Fief, 
 as chief Lord. This laft, lay they, may be juftly 
 dem.anded, [^aBio-ae rei vindicatlonis'] nothing but the 
 lame individual Tiling can make Satisfaction, and 
 nothing in Lieu of it can be dieem'd an Equivalent : 
 Wiiet'eas the Creditor can only prolecute his Debt 
 by perlbnal ACb'on, the Debtor being oblig'dto pay 
 the Vahie of the Debt only, but not in this or that 
 individual Thing, or in any particular Species. 
 
 By the Refolurion of this Qiieftion, it is ealy to 
 determine, whether Benefices be "jure divinoy or Jure 
 ■pofitlvo : For if real Eftates and Tithes be of human 
 Inftitution, it is necelTary that the Benefices confift- 
 ing of theie be held by the lame Title. And to fum 
 np all. If the real Eftates of the Gliurch remained in 
 Common for ib 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 ilia 11 only add, that tho' thele Confiderati- 
 ons may' appear too liibtle, and too ;-efin'd, the Se- 
 quel of this Difcourle will convince the Reader, they 
 arc no more than necefiary. 
 
 Q.UES- 
 
Benefices and Revenues. ^^ 
 
 a V E S I O N. II. 
 
 THE Decifion of the firft Qiiellion opens the 
 Way to the fecond Inquiry, Who is the Owner of 
 the Ecclefiallical Eftates ? By which I intend only 
 real Eftates, relerving to ipeak of the Fruits and 
 Revenues in the fourth Q_ueftion(T). For if they 
 be polfefs'd by Virtue of human Laws, we have 
 only to find to whom the Laws have granted them. 
 Some will lay they are G O D's, and who can doubt 
 it, the Earth and all that is contain d therein is the 
 LOR D's {a). But in this S'enfe the Goods of the 
 Church are no more GOD Almighty's, than every 
 thing elfe in the World. 
 
 The Dominion of G O D is univerf\l, but a So- 
 vereign Prince hath anotiier Dominion, which, ac- 
 cording to Seneca^ may be calfd the Dominion of 
 Power (h) ^ or according to the Lawyers the Do- 
 minion of Proteftion and Jurifdidion (c). Every 
 private Man alio hath his Dominion, which is that 
 of Property, and the Subject of our prefcnt Inquiry. 
 
 Now it cannot be faid. That GOD, befides his 
 univerlal Dominion over all Things, hath alfo the 
 Property of all Ecclcfiafbical Goods, in the f\me 
 manner as a King hath an universal Dominion 
 throughout his Kingdcm ^ and yet hath a private 
 
 (i)Vv'hicb is towards the end 1 Cujus efc (fakh VWny ths 
 ofthisTreatife. See -^/f_/?. 4. \jcup.'isr) quicquid ell omnium, 
 
 {a) Ad Deum excel lum, pol-i tantum iple,' quantum omrits 
 feftorem corli »iN: terrae. Gen. 14. \ habent. Paneg, 
 Domini eft terra & plenitudo j (V) Ditionis, non proprieta- 
 ejuSj orbisterrarum, &univcrii itis, tuiiionls non deilruftic- 
 qui habitant in eo^ Pya/w. 23. jnis. Omnia regitis (faith 
 
 (b) Ad tvegespotellasomni- *r?3? Simmacus, addrefTtng b'nK- 
 um pertinetj adlingu'cs pro- i/e/f to Princes) fed iuum cuiq; 
 prietas, Senec 7. Benef, cap, 4. jiervatis. X. J^vifl. 5^* 
 
 Property 
 
74- Of Ecclesiastical 
 
 Propriety in the Eftate of his own Family. For the 
 imiverlal Dominion or a Prince may be encreas'd by 
 the Addition of his private Property ^ but th^ Do- 
 mmion of G O D hath an Univerfality, EKcellent 
 and Infinite, incapable of any Addition, or of being 
 particularized, neither can it poiTibly be communi- 
 cated to any Creature. Thus G O D, being LORD 
 of all tliQih Goods, no Man can alTume to himfelf, 
 and fay, I who have the fame Tribunal^ the fame Con^ 
 fflory^ the fame Jurifdlciion with G O D^ am alfo 
 Lord J for whatever Dominion any Man may have, 
 in them, he is no lefs a Servant than the leaft of 
 Mankind. 
 
 But there are others, vAio treat this Matter with 
 more Freedom, and fay. That the Pope is the Lord 
 and Proprietor, and prove it by the Decretal of 
 Clement IV. which declareth, That th^ Dilpolition 
 of all Benefices belong intirely to him (d). 
 
 St. Thomas refiites this Opinion in laying, That 
 the Pope may indeed be call d the Principal Dijpen- 
 fer of all Benefices, but in no fort either the Lord, 
 Owner, or PoiieiTor of tiiavi (e). 
 
 Cardinal Cajetan adds for an Explication of this 
 matter. That the Pope can neither give, nor, in any 
 other manner whatfoever, difpofe tlie Goods of 
 the Church, than as right Realbn fliall dire^-, and 
 without exceeding the Truil of Difpofition repos'd 
 
 (^) LicetEccleiiarum,Per-| (e) Quamvis res Eccleflae 
 fonatuuiTi;, dignitatum, alio- ; fint ejus, ut principalis difpenfa- 
 rumq-, benefijiorum Eccleiia- : toris, non tamen lunt ejus, ut 
 fticorum plenaria dirpofitio ad ! domini 6i pofTellb ris. ida. ':da, 
 Romanum nofcatur i "ontiiicem j ^«ey/. icc, art, i. refp, ad 
 pertinere, ^c. 'Scxti lib, ^»\cbje^,7, 
 tit, de rrcebciidi^i cap, 2, i 
 
 in 
 
Benefices and 'Revenues. q^ 
 
 in him C/). And the realbn he gives is very clear 
 and convincing : Thefe Goods, faith he, at hrft be- 
 long'd to j[bme one, who hath transferred his Right 
 by Will or Donation : Now, it never was in any 
 Man's. Intention to make fuch a Prelent to the 
 Pope (^) : And therefore the Property can never 
 have been pafs'd to him. 
 
 And it is for this Realbn, that the fame Cardi- 
 nal, and Pope HadrianVl. 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 Foman Church, belongs really to the 
 whole Body of the Roman People. 
 
 (/) Papa non ed Domiims^ 
 fed Difpenlator principalis pe- 
 cuniae Ecclellafticse, ac per hoc 
 pecunia Ecclefzae non eft fua ab- 
 Iblute, ut poifit ad libitum de 
 ea diiponere. (and then be adds) 
 Cum poteftas Papse, quo ad res 
 temporales Ecclellse fit poteftas, 
 non Domini, fed DifpenlatoriSj 
 confequens eft, ut plenitude 
 poteftatis papalis, circa bona Ec- 
 clefiae temporalis, non exeat li- 
 mites poteftatis difpeniativae — - 
 Ac per hoc non poteft Papa ad 
 libitum donare res EccleliDS, led 
 poteft tanquam habens apicem 
 difpenfatricis poteftatis, multo 
 plus de iifdemdirpenfare, quam 
 quicunq; alius proximus alicu- 
 jiis Ecclefiai praelatus — Ex 
 eodem fundamento, quod Papa 
 non eft Domiiuis, led Dilpenia- 
 tor,fequitur quodde plenitudine 
 poteftatis non poiHt ad libitum 
 dare bona Eccieri:^ cui volue- 
 rit; (^d. tenetur difpenlare, ut 
 recla i^tio lUader. In Comment, 
 
 ad 7., ?. Quefi, ICO. art, i. 
 (^) Nee Papa, nee aliquis 
 Prjelatus, eft Do minus rerum 
 Ecclefiae, Ecclefia iplh eft lyo- 
 mina; quia Donate res non do* 
 nant, & trans'^erunt jura I'ua in 
 Papam, aut Pr^iatum, led in 
 Eccleham Romanam, vel talem, 
 (It is moft certain, that Princes 
 wou id never have given ^o mary 
 Lands and Revenues to the 
 Church, if they had tbrei'een, 
 that the Popes Would have be- 
 come the M afters of them 
 themfelves, and have turn'd the 
 Proiits of them, one Day, to 
 the making Vvaragainft the Oc- 
 norsO Ne- putes, adds Cbj^^ran, 
 propterea quod Papa habt.-t ple- 
 nitudinem poteftatis Ecciella- 
 ftic32, ob hoc poiiit de bonis 
 Ecc'eii^e diiponere, ficut poteft 
 Ecclelia: quoniam pienitudo 
 poteftatis Ecciefiaftics intel-igi- 
 tur in Ipiiituaiibus tantuiu. 
 Cement, 2d:i, 2dx, ad art. S. 
 
 Every 
 
76 Of Ecclesiastical 
 
 Every one knows, that a Community or Society 
 is a- capable in Law of poiTefling an Eftate, as any 
 pdvate Perlon : It is in that Senfe faid, that fiich a 
 thing belongs to fiich a City ^ that is, to no parti- 
 cular Ferlbn, 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 (2J), &c. And of this, the ancient Ufage 
 of the Church, and the Stile in which the Canons 
 run, a.e a plain Confirmation. 
 
 It is not to be doubted, but that thefe Eflrates be- 
 ing to go under fomebody's Name, are very pro- 
 perly afciib\i to him who is the Proprietor : So all 
 the Canons, and ancient Uiage of the Church ha- 
 ving always called that which belongs to the Church- 
 men, thQ Eftates of the Church ^ fhe is therefore 
 the Proprietor. And this agreeth with thofe who 
 fay, thefe Eflates are Jesus Christ's^ for all 
 Chriflian Churches, from very ancient times, have 
 taken their Denominations not only from the Name 
 of fome City, but from their firfl^ or mofl famous 
 and eminent Biiliop : So the Roman Church is call'd 
 St. Peter Sy the Church of Jlexandria St. Mark\ 
 that of Ravenna the Church of St. JfolUnarius, 
 From hence the Ell:ates of thefe Churches have fol- 
 lowed the fame Falhion, and taken alio the Name 
 of thefe Saints ^ and the Eflates particularly belong- 
 ing to the Roman Church are calfd St, Peters : 
 Wiiich 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. Jfoi- 
 linarluSy &i\ 
 
 (i) The Fraternity of Pain- 
 ters in Venice, 
 (2) The Author calls thsm 
 
 de Fratii, which is the Name of 
 the great Convent of Grdelkrs 
 in Venice, 
 
 And 
 
Benefices and Revenues. 77 
 
 And becanfe Christ is the univerfal Head, ; iid 
 Prote£lor of all Churches, all that belongs to the 
 Church in general, or to any particular one, is call d 
 the Patrimony of Jesqs Christ, which is the 
 iame thing as to fay, the Patrimony of the Church 
 whereof Christ is the Head: Ana in the lame 
 Senfe the Eitates of the Pvepublick of Penlce are 
 call'd St, Mark\ from a Republick which bears the 
 Name of that Saint. 
 
 In truth all the Acquifitions of the Church, when 
 her Eftates lay in Common in every Diocefr, be- 
 longed properly to the Univerfal Church, to wn.m. 
 all Donations and Legacies were made. It is cer- 
 tain, they could only be acquir'd by thofe, wiiom 
 the Laws made capable of taking ihcm. Tiie L aws 
 of Conftantine granted this Priviledge to Chriit-an^ 
 . Communities or Societies, that is, to all the Body ot 
 Ciiriftians inhabiting in the Cities to which they were^ 
 granted. The Dominion or Propriety therefore of 
 theie Eftates is in thele Communities. 
 
 But after Divilions came to be maae,- and Benefi- 
 ces to be inftituted, then ibllow'd Legacies ana Do- 
 nations to particular Churches, and frequencly to 
 Ibme particular ule of Piety. So that there is no 
 determinating who is the Owner, Proprietor, or 
 Patron of thefe Ellates, and where the Right lies, 
 without leeing the particular Diipohtions of the 
 Wilis and Donors. 
 
 To end this Argument upon the fulleft Exami- 
 nation, it muft be concluded, that the Prelates, 
 and the other Ecclefiaflicks, are the Guardians, Ad- 
 miniftrators, and Difpolers of the Ellates of the 
 Church, to purllie and execute the Intention of the 
 Donor or Teftator, and to no other Purpofe what- 
 fomever: And. that the Proprietor or Patron of 
 them is the Perfon, or Community, to whom they 
 have been fo given or bequeathed. 
 
 And 
 
78 Of Ecclesiastic AX 
 
 And therefore all Governors of the Church ought 
 wl h confcientious Care to review and ponder the 
 Conditions of thefe Endowments -, for the Negled 
 of which, nothing but human Frailty can be plead- 
 ed. Nor ought any Man to imagine, that Prefcrip- 
 tion or long Uiage can have any Force here, ieeing 
 no Man can pretend to any Benefit from Prclcrip- 
 tion, where Integrity and good Confcience is wan- 
 ting. And how can any Claim be laid to theie, 
 where every Man knows, and is conlcious, that thefe 
 Eftates have not been bequeathed by the Donors, to 
 be employ 'd as we frequently find them. 
 
 (QUESTION IIL 
 
 BUT who ihall be the Proprietor of thofe Ec- 
 clefiallicks Eiiates, whole Inftitution is not known ? 
 By the Natural and Civil Law, an Efi:ate rails to the 
 Community or Publick, when particular Owners 
 fail •, and by Conlequence, in this Cale, it will fall 
 to the Church : Which in iliort, is no more than to 
 lay, That the Beneficiaries are the Diipenfers of the 
 Ellates of their Benefices, that the Proprietor is he 
 to whole Favour the Donation or Will is made j 
 and if he be not known, the Right reils in the 
 CJiurch. 
 
 It is no Anfwer to fay, that there are Laws both 
 Civil and Ecclefialtical, which forbid the' Aliena- 
 tion of thele Eiiates ^ 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 largefi: Extent, is a Right of doing whatever 
 a Man plcafes with his own, as far as the Law al- 
 lows J which lays a Reftraint on feme fort of Pro- 
 prietors, who need direfl:ion •, ot* which 'Communi- 
 ties and Societies of People are one. 
 
 . . We 
 
Benefices and Revenues. 79 
 
 We are not to wonder, if in Qiiellions of this 
 Nature, in which the Pope is decennin'd to be 
 the abfolute Proprietor of ail Benefices and Eftates, 
 belonging to the Church, there ihould be fo many- 
 modern Writers, ready to maintain Opinions lo 
 contrary to thofe of Antiquity, and to the Cuftoms 
 and Inftitutions, which draw their Original from 
 the Apofcles themfelves, and other Apoftolical Men. 
 For whereas St. CjfrUn very fenfibly complains, 
 as of one of our human Imperfections, that intereftr 
 ed 'Men fet themfelves to adapt their Dcftrine to 
 the depraved Manners and Cuftoms of the Age ^ 
 when, on the contrary, th^it ought to be regulated 
 by good DoLl'iine and good Laws. 
 
 To which this Oblervation may be added, That 
 in the Courle Oi^ fo many Ages, th-re ne- er were 
 any Novelties introduc'd, even in Religion, which 
 have not inihmtly found their Defenders. And 
 therefore it is no wonder, if this happen, where 
 new Cuftoms and new Methods are introauc'd, con- 
 trived and made fublervient only to the Ends of ac- 
 quiring Riches, and even to authorize the-Purfiiit of 
 worldly interefts, to which human Nature is fo 
 addided. 
 
 CHAP. XXII. 
 
 TH E extream Diforders and Confufion, which 
 the great Variety and Changes of lomany 
 Kings and Emperors in thofe Times brought upon 
 Jtdy m the Civil Government, affecled no lefs the 
 Ecclefiafcicai Affairs : The Biihops and Abbots be- 
 ing lometimes made by the Princes, Ibmetimes in- 
 truding themfelves by their own Authority • tiie 
 other Mmifters of the Church' being alio Aiade, ei- 
 ther 
 
8o Of Ecclesiastical 
 
 ther hy tliofe who govern d the Cities, or by the 
 Biihops ; and fometimes again by thofe, who had 
 the Power in their Hands, or the Favour of the 
 People, polTefling themfelves of .the Benefices. 
 
 In the Year 963, Otho of Saxony ^ enterM Italy , 
 and Hibdii'd it by Arms, and in order to fettle fbnae 
 Form of Government there, he aiTembrd a little 
 Council of Biiliops, wherein he deposed Pope John 
 XII. tho' iie was of an- illuftrious Family, and had 
 great Intereft and Dependencies in I cme : But he 
 had been made Pope at 18 Years of Age, and had 
 diihonour'd the Pontificate by Adulteries, Perjuries, 
 and the reft of his Behaviour, little fuitable to his; 
 Character (a). 
 
 Otho oblig'd the Roman People, and Pope Leo VIII. 
 who had been put in the Place of Pope Johrty to give 
 up to the Emperors the Pretenfions to the Right of 
 EieO:ing the Popes (^), and the other Biihops in 
 liaty. For 35 Years, until the Year icoi, this 
 Prince, his Son, and his Grandfon, of the fame 
 Name, preferv'd this Right in themfelves : And of 
 1 2 Popes, which were witliin that Space, two were 
 
 (a) Jonannes XI H. (Platina 
 caUs him mt the XII.) Patris 
 liberie! potentia fretus, Pon- 
 tificatum occupat, homo fane 
 omnibus probris & turpitudine 
 contaminatus, vfenatlonibus ma- 
 gis, liquid temporis a Libidi- 
 nibus fupererat, quam orationi 
 cl^ditus. Andfoms Lines after, 
 Pontiiicium munuB bumeris fuis 
 nequaqaum conveniens fibi deiu- 
 mit. — •OthojCompoiito aliquan- 
 tiim ftatu Civitatis Concilium 
 indicit, convocatis Epilcopis I- 
 talise, quorum judicio vita Ice- 
 leratilTimi hominis diiudicaretur 
 
 (b) Gives yero (faxtbLmt- 
 prand, cbap. 6. tovoardi the end) 
 lanftum Imperatorem cum fuis 
 omnibus in urbem luiGipiunt, 
 £deiitatemq-, promittunt, base 
 addentes^ 6c firmiter jurantes, 
 nunquam fe Papam eledluros 
 aut ordinaturos prseter confen- 
 fum, ac eleiftionem Domini Im- 
 peratoris Othonis Csefaris Au- 
 gufti, iilii ipfius Regis Othonis, 
 Vide cap. 1 1. 
 
 ^ This was Otho the Grand- 
 Ton of the Emperor, firnani'd 
 the Fcwkr, 
 
 made 
 
Benefices and 'Revenues. 8 1 
 
 made by the Prince peaceably, and without OppoH- 
 tion, the other not without Tumults and Diibixiers : 
 Which occalion'd one Pope to be carry'd Prifoner 
 into Germany by Otho I. (2), and ai/ictlun- by 
 Otho II. f 3). There was alfo another Pope who was 
 ftrangl'd by one who afpir'd to his Dignity : Ano- 
 ther robb'd the Treafiny of St. Veter^ and fled {c) : 
 Another went into voluntary Banifhmelit: {d). So 
 that confidering we meet with feveial Popes in thoie 
 Days, who as Baronius obierves, are placM in the 
 Catalogue only to make up the Knmber (e)^ the 
 Church had then in Eilett no other Head but 
 Jesus Christ himlelf. 
 
 (2) Benedia V. ehBtd fedi- 
 ttcufly by the Failicn and Kindred 
 of John XII. Cum Imperator 
 (faith Platina) banc eleftionem" 
 nequaquam probaret &Romanos 
 compulit pulfo Benedido, vel 
 dedito potius Leonem fulcipere 
 
 Otho in Germaniani re- 
 
 diens Tecum Benedi6lum ipf lini 
 duxit qui non multo poft dc- 
 lore animi apud Hamburgum 
 moritur, ubi relegatus eiat. 
 Vide Luitprandy cap, 11. 
 
 (3) Benedict us V I, cr rather 
 according to V^ny\mu.Sy the ytb, 
 feeing be who went by this Name^ 
 and vcas chofen by the FatJion of 
 John XIII. Tvas' Jntcp'pe, as 
 having been chofen in the Lrje- 
 time of Leo Vlll. v.->hiih Leo 
 had been lawfully chofen. Eenc- 
 diaus VI. (faith Platina) a 
 Cintio Rom. cive prepotent! 
 captus, in lancfti Angeli arcem 
 includitur, eodemq; in loco nun 
 multo poU ftrangulatur. 
 
 CO Bonifacius VII. (faith 
 Platina in hji Life) rermquers 
 urbem ccaclus^precioiuma qu?j- 
 que E, Ealilica I'etii fubtrabens, 
 Condantinopolim coniugit, ubi 
 tamdiu conllitit, quoad diver.- 
 ditisj qu« lacri egio abitule- 
 rat, magnam vim pecuniaruni 
 comparairet -n— Pontiiex L\om. 
 facrcrum l^ater & Rex, tacra 
 ipfa Furto abflulic ; ^ qui vin- 
 'di'care lacrilegia dcbuerat, tanti 
 iacrilegii fa6tus e(l author. 
 
 (d) Joannes XV U. (which 
 ought to be John XV 1.) agita* 
 tus ieditionlbus a Crefcentio 
 Coniule Romano imperium ui- 
 bisfibi vindicare ccnante-, cupi-- 
 ditate hominis cedens^ exuiatum 
 in Hetruriam abiit. Platina in 
 vita. 
 
 (e) Qui non fint^, n"fi ad 
 conTignanda tantum tempora in 
 Catalogo Romanorum ] ontifi- 
 cuui. Script/ ad amnon ^12, . 
 
 1 
 
 G 
 
 But 
 
8i Of Ecclesiastical 
 
 But the other Bifhops and the Abbots were made 
 by the Emperor5(/J, without any Contradiction. And 
 therefore upon the Death of a Bifhop, his Statf and 
 Ring were carried to the Emperor (^), who gave 
 them as the Ceremony of hiveftiture, to the Perfbn 
 on whom he conferred the Benefice. And the new 
 Biihop being conlecrated by his Metropolitan, or by 
 the neighbouring Biiliops, went to take Poffeilion : 
 This is a Method yet oblerv'd in France and Germany, 
 But other lefTer Benefices were difpos'd by the Bi- 
 iliops or Abbots, on whom they depended -^ except 
 when the Prince nam'd one to a vacant Benefice, 
 and then it was never dilputed : Or when he thought 
 fit to recommend one to be provided for, when a 
 Benefice ihould fall, which Expeftative or Reverfion 
 was Hire to be made good by the Biihop at the next 
 Vacancy. 
 
 In this Method the three Othos govern'd the 
 Affairs of the Church, and without any Con- 
 tioul from the Popes ^ tho' Otho II. had refided a 
 
 (/) It was not that EleAi- 
 ons were abolifh'd, but only 
 made null without Inveftiture 
 irom the Emperor. As Hugh 
 de Fiavlgny oblerves, fpeaking 
 o'^ Anfebji de Lucca^ and of ano- 
 ther Biihop. 
 
 Cum ergo, faith he-> prsefto- 
 larentur diem confecratior.is 
 luge, venerunt nuncii Regis 
 Henrici Romam, rogantes, ut 
 contra morem PraedecefTorum 
 fuorum Dominus Papa {thu 
 rvM Gregory Vn.) eos confe- 
 crare vellet, qui Epifcopatus 
 eleAionem Iblam, non autem 
 dorium per regiam ac^eperant 
 
 inveilituram. In ChronlcoVer' 
 dunenji, pag, 196. 
 
 (g ) Rex autem uti volens 
 authoritate, & coniuetudine, & 
 autoralibus Privelegiis Impera- 
 torum, qui a Carolo magno per 
 trecentos & eo amplius annos 
 imperaverant Tub 63. Apofloli- 
 cis, dabat licite Epifcopatus, & 
 Abbatias, ,S^ per annulum & per 
 virgam. SJgebertus in Chronico, 
 ann, 4, Vide Crant^ vandal, 
 lib. 6, cap, 2<. Gronem ep, 8, 
 ad Richer, fenonenfem Wilieh 
 mutn Tyrium de bello facro, lib. 
 I. cap, 13. ^ Gcffrid, vindoci' 
 nenfew, traBatu 2, pag, 278. 
 
 long 
 
Benefices ^nd. Revenues. 8^ 
 
 long time at Romey where he. alfo died and was bu- 
 ried (^). 
 
 The Princes fiicceedihg the Othos preferv'd the 
 Right of conferring Biihopricks and AbbieSj and 
 even of Nomination to the other leiTer Benefices, 
 and of granting Reverfions or Expc^latives of Bene- 
 fices before they were vacant : "Lentil the Irnperial 
 Authority coming to diminifh in Romcy the Church 
 relaps'd into the former Dilbrders. For tho' the 
 People, after having relum'd the Eleclicn of the 
 Pope, eleded three Popes very peaceably, thcTQ broke 
 out fome Sparks of Sedition and Tumult about the 
 Bkdiion ot BerJsdlUVlU.(i^), and >/?;?XX.(5J, who 
 were Brothers, and immediately lucccedcd one ano- 
 ther J and after, in that Eledion oi Benedict IX* their 
 Kephew, who was chofen at 1 2 Years of Age, and 
 who, among many other Enormities, made Sale of 
 a part of the Popedom to one Silvcfier 111. and ano- 
 ther part to Gregory Vl.Q). AnA ail thele three 
 fill'd their Chairs in Eomc at the fame time, with i^o 
 much more Scandal and Difbrder, as this Gregory 
 made ufe of Arms to maintain his Piirchaie(^) ; 
 pofTefling himfelf of the Church of St. Pf^cr, with 
 a Body of Horle and Foot, not without much 
 Slaughter. This brought the Emperor, Henry the 
 
 (/&) Roni« morkur, C: inve-j presbytero ?t. Joanni? a J por- 
 llibulo B. Petri (Paradilumvo- tarn Latinarn, qui poilc-a Giv- 
 cant) labro porph) retico, quodj gorius VI. appellatus eil, I oh- 
 adhuc introeunribus ad lasvam | tiiicium munus, ut quidam ai:- 
 apparet hononficeritiilimfJ iepe- 1 firmant, ^ vendiiit. And j.,fn> 
 
 litur. Plat'ma in the Lite of 
 
 BenediB. 7. 
 
 (4) The Yil, according to 
 
 Onufhrlm, 
 
 (5} The XII. according to 
 
 Onuphr'ms in Chrcn, FrntAicm, 
 (i) Benedicftus (fa':th Ma- 
 li in bis Life) Jcnnni Archi- 
 
 Lims after, Ciim annis decern 
 per intervaPia iedem Petri occu- 
 paiTet, tandem moritur. Nee 
 vacalle luni ledes did potetl, 
 cum Fonilncatum vendiderit. 
 
 (k) Vide Otbon. Frifing. ad 
 anno. 1040. lib, 6. cap. y2. 
 
 tm 
 
 G 2 BUckj 
 
84- Of EcCLESlASTICAt 
 
 Blacky into Italyj who put BenediB to Flight, lent 
 Silvcfter away, and baniJh'd Gregory into Germany (/), 
 and d^^'cWiith^t Roman People again of the Power 
 of Election (m^. 
 
 After which he made three Popes Hicceflively, all 
 GermanSj who, without otlier Ceremony, took the 
 Pontiiical Habit and Ornaments. The third of theie, 
 who was Bruno, Bifhop of T02//, having, by Virtue of 
 the Emperor's Nomination taken the Habit of Pope at 
 
 (/} Has ob res ( faJthVlixtim 
 in thz L'lfi of Gregory VI.) 
 Henricus il. [_by the Account cj 
 ihi German Writers^ H is 
 Henry HI. dhcrwife caWd 
 Henry the blacl'j in Italiam cum 
 iliagno exercitu veniens, babita 
 i\ nodo, cum Benediclum iX. 
 Silveflrum III. Gregorium VI. 
 tanquam tria teterrima monftra;, 
 abdicare le magiftratu coegifl'etj 
 ^uideregum, Bambergenlem E- 
 pifcopumj cui Clementi XI. 
 appelHtio fult, Pontiiicem creat. 
 As for Gregory VI. Onuphrly.s 
 reckons him a legitimate Pope, 
 afKrming he was not ele»fted till 
 ^ttQ'x^enediBWU.SUveflerlW. 
 and another nam'd "^obny whom 
 Benedlch bad taken for his Col- 
 legue, after having driven out 
 SUz'dhr III. had abdicated the 
 1-^cpedom. . 
 
 . (^uibus;, faith he, proborjiim 
 liominum precibus facerdotlum 
 t\ iuorum juricedentibuSjquar- 
 tuslull^ectu^ell: [oannes Gratia- 
 nus, A'rchi-presbyter S. Joan- 
 liis ante portam Latinam Gre- 
 gorius Vi. vocatus, qui Cluni- 
 aci Pont'ificatuprivatusj quo ab 
 -'imp. Henrico ill. relegatus Hi- 
 erat, murtuus eft, Ann J. ad vit. 
 
 Gre^^oriiYl, And he [Onui^h' 
 riusj explains himfeJf yet more 
 clearly in his Chronicle ij the 
 Pcpes, Gum Iponte abdicalFet 
 (fpeakingcJ'BewdiaWlL cal- 
 led the iXth by Platina) In ejus 
 locum faitus eft Gregorius VI. 
 Joan. Gratianus Archi-presb. S. 
 Joannis ante portam Latinam, 
 qui imperante Caviare Henr.III. 
 Aug. ledit annum; coa^us in^ 
 con.ilio Sutrii a little City of 
 the FatritTiony of St. Peter irt 
 Tufcany) ab Imp. Henrico III. 
 congregate, abdicavit anno 1046 
 & ad monafterium Cluniacenle 
 relegatus, ibidem Paulo poft 
 obiit 6: iepultuseft. andtbeuy 
 befcre he names Clement il. 
 whom the Empercr made be chc- 
 fen in the Rccm of Gregory, he 
 adds thefe four IFcrds, Schiima 
 in Ecclelia Romana, to make it 
 be underftocd, that the Eletlicn 
 of this Clement nvas net cano- 
 nical. 
 
 {m) Henricus, accepta a C\q.- 
 mente Imperii corona, Roma- 
 nes in verba iua jurare coegit, 
 Pontiiicum eleilioni le n.qua- 
 quam interfuturos, ' niil jullu 
 imperatoris id facere cogeren- 
 tur. FJatlna in vjta Clement. II. 
 Frelfgneri 
 
Benefices and Revetmes. 85 
 
 Frelfmgen (6\ and continued his Journey as far as 
 Clugni^ Hiidebrand, a Monk bred up in the Church 
 of St. Peter at Ronie^ a Man of lingular Addreis, 
 put Bruno upon an Artifice, to bring the Eledion 
 back again to the Roman People. lie advis'd Brum??^ 
 who had now taken upon him the Name of Leo iX. 
 to habit himfelf like a Pilgrim, and enter Rome Qi) 
 16 difguis'd 'j by which he would render himlelf 
 more agreeable to the People. Leo folio vv"'d his Ad- 
 vice, and the People at iiis 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 choo fm^ Geberardj BiiliOp of Eichftat at 
 Mentz^y to be Pope, who forthwith took the Ponti- 
 fical Habit, by the Name ofFilior II (0). And this 
 Emperor did not only then diipole the Benefices, 
 but made Laws againlt thole, who obtained them by 
 Simony ; pardoning pail Faults, and impofing Pe- 
 nalties for the future. 
 
 (6) A City o^ Bavaria, un- 
 der the Aichbiilioprick ofSalt^- 
 bourg. 
 
 (n) Cui Romam Pontifiro 
 habiru petsnti, Abbas Clunia- 
 cenfls, 6c Fildebrandus Mo- 
 nacbus, obviam fadi, perfua- 
 i'ere, ut depolito Pontiiicali or- 
 natu, Romam privatus ingve- 
 deretur, cjuod dicerent Henri- 
 cum nuUam creandi Pontihcis 
 poteftatem a Deo habere-, fed 
 ad Clerum, populumq; Ro- 
 manum id pertinere. Motus 
 his verbis Leo^ depofito Ponti- 
 iicio apparatu, privatus urbem 
 ingieditur. At vero Rom. Cle- 
 
 rus, fuadente Hildebrando, e- 
 undem Erunonem in Pcntliiceni 
 eliglt, eo libentiuSj quod om- 
 nem authoritatem eligendorum 
 Pontiiicum ah Imperatore ad 
 Clerum traniluliiret. Vlat'ma in 
 vita. 
 
 (o) Viaorll. (faith Onu- 
 phrlus in his Chnnicle cf the 
 Pipes J Sue V us Germanus, Ge- 
 bohardus. Comes Calbeniis, 
 Epiicop. E i I'll ate n lis, Henr. li 1^ 
 Imperatoris ConfiiiariusyS: pro- 
 pinquus, creatus ah Hen. 1 if, 
 Moguntise, ^c coronatus Romje, 
 ibid.Jp-ih 1056. 
 
 C H A P. 
 
86 Of Ecclesiastical 
 
 C H A P. XXllI. 
 
 ^ Y^ H O' during the Minority of the Emperor 
 JL HefTQ' IV. (i). Son of Henry the Black, the 
 Popes were as yet created with the Confent of the 
 Einperor's Tutors, and the Biihops and Abbots in- 
 vefted by him, with the Ring and Crofier-StafF ^ 
 however the Popes were not wanting to take the 
 Advantage of his Youth, and of the DiHentions 
 which aroie among the Tutors : For Nicholas II. 
 made a new Conllitution for the Eleftion of the 
 Pope, whereby the Cardinal-Biiliops were to eleft 
 lirit ; lecondly, thc^otherCardinal-Priefts ^ thirdly, 
 th^ Clergy and the Peeple ^ and in the laft place, the 
 
 (0 T'lat'ma faith, that he had 
 b en deiign'd Emperor by Hi/- 
 d:brarid^ when he went to en- 
 treat Henry the Black on the 
 >art of the Clergy and Reman 
 People, that he would give 
 them the Eiiliop o? Eichflat for 
 i o pe. In the L ife cfyiS:crll> 
 
 But Henry IV. had no Occa- 
 sion to be chofen by Hildebrandy 
 to iucceed to the Empire, which 
 xvas then Hereditary. 
 
 C^elares (fa'rlb Goldaaus, In 
 repl. pro Imperio, cap. i8.) 
 iT!q; ad Henricum V. legltima 
 iucceifione Imperium adibant, 
 cc (^regorius Vll. (^^ho ivj/f thU 
 Kildebrand) Pontificii Oomi- 
 raiu5 Auclor, CKJarum lujcel- 
 iion-ii turbare primus luflinuit. 
 
 Ta n VA cnim (faith anther 
 Ct..i;an Mawjer) pofl excifam 
 
 Cssi'aris profapiam, Imperatc- 
 res eligi oportuit, id tamen 
 nunquam contigiile Legitur, 
 niii Legitimus fucceffor deiice- 
 ret. Et Henricus Eambergenfis 
 (thps TViif the Emperor Jiemy If. 
 formerly Count cj Bamberg) O- 
 thonis III. SobrinuS;, h3eredita- 
 rio jure fibi impc-rium deberi, 
 contra Colonieniem contende- 
 bat. Lcimpad. RerpubL Reman, 
 Germanlca;^ parte i* cap. 4. 
 
 And beddesj how, could Hl- 
 dehrandj who was but an En- 
 voy from the Roman People, 
 make an Emperor, Author/ tate 
 Legathnh, to ufe Tlat'fnas 
 Phrafe, feeing the Pope him- 
 felf had not this Ppwer ; and 
 that, en the contrary, the E- 
 leaion of the Pope depended 
 en the Emperor's Confirmation. 
 Emperor 
 
Benefices and Revenues. 87 
 
 Emperor was to be apply'd to forhisConciirrence(^^. 
 But Alexander II. his SucceiTor, having been cholen 
 after this Model, the Emperor would neither con- 
 firm him, nor admit the Excufes which the Cardie 
 nals made h^m, by one exprefly deputed out of their 
 own Body: And tho' they reprefented, that ail 
 they had done, had been to avoid a terrible Civil 
 Diflention, and that all had been carried with tliQ 
 higheft Reiped to the Emperor, feeing the Perfon 
 elefted was his Friend, yet he nam'd the Biihop of 
 Parma (2) to the Popedom, at the Inftanceof 6"^- 
 rard (3 J of Varma his Chancellor. 
 
 But three Years after. Changes happening in x):^.^ 
 Imperial Court, and the Chancellor, Gerard^ being 
 dilplaced, the Biihop of Farma alfo was depos'd, 
 and Alexander acknowledg'd for Pope (4). And a 
 League being form'd betwixt tiie Bavarians and 
 Saxons \\\ xhzX^zx 1 07 2 againft the Emperor, the 
 Pope join'd himlelf to their Party, came into the 
 League, and the next Year cited him to 'Rome^ upon 
 
 {a) Decerniiiius & ftatuimus, 
 ut obeunte hujus Romanae Ec- 
 cleli32 Pontifice, in primis Car- 
 dinales Epiicopi fimul de elec- 
 tione traclantes, mox Chrifti 
 Clerlcos Cardina'es adhibeant : 
 Sicq; reliquus Clerus 6: popu- 
 lus ad confenfum novae eletftio- 
 nis accedat — Eligatur autem 
 de ipfius gremio, fi reperitur 
 idoneiis, vel £\ de ipfa non in- 
 venitur, ex alia alfumatur, I'alvo 
 debito honore, & reverentia di- 
 ledli filii noftri Henrici, qui fu- 
 turus Impcrator, Deo conce- 
 dente, Iperatur, ficut jam fibi 
 conceiTimus, & fuccefloribus il- 
 liusj qui ab hac Apoft. lede 
 
 perfonaliter hoc jus impetrave-- 
 rint. J9//?. 23. Czii Nomine, 
 
 (2) Who, according to 0«a- 
 phriu6y was ot the Houfe of 
 PaUavlclni, 
 
 (3) PJatrna calls him Gibert, 
 and fays he was Governor of the 
 Kingdom oF Italy -^ Onuphrlus 
 calls him Glbert of Corri^ia, 
 
 (4) Tlatina faith, that at the 
 Emperor's Defire he pardon'd 
 the Bifhop of Varma^ and gave 
 the Archbilhoprick o^ Ra-jenna 
 to Gibert (or Gerard, who was 
 afterwards created Anti-Pope, 
 under the Name o'^Cktnent III. 
 in 1080, and held the Seat un- 
 til the Year 1 101, 
 
 G 4 an 
 
88 Of Ecclesiastical 
 
 an Accufiition of Simony (b), for hiving fold ibme 
 Biihopricks. This Proceeding, as it was very afto- 
 niihing, made much ISoife in the World, no Pope 
 having hitherto made fo bold a Step. But the Me- 
 mory of it was foon loll in the Death o^ Alexander ^ 
 to whom liicceeded Hildehrand the Monk (5 J), under 
 thiz Name o^ Gregory VII. 
 
 The Emperor being yet young, and Germany all 
 in Commotions, this Jundure invited the Pope to 
 exclude him intirely from the Election of the Biihops 
 and Abbots, and to that end fent him a Monitory ^ 
 whereby the Emperor was forbid to concern him- 
 felf any more in thofe Dilpofitions (6). To which 
 the Emperor making a ftrong Oppolition, the Pope 
 excommunicated him, abfolv'cl his Subjects from 
 their Oatii of Allegiance (rj, and depriv'd him of 
 
 the 
 
 {b) Annus erat poft mille 74. 
 quo anno Colonienfis & Her- 
 mannus Bambergenlis Pontifi- 
 ces R.oniam milfi lunt:, pecuniae 
 inde Kegi3e debitge coUigendas 
 gratia : Qui Legatione peraila, 
 Literas Alexandri Papae detu- 
 lerunt, regemq- vocarunt, ad 
 iatisFacienduui de Simoniaca hse- 
 refi, cseteril'q-, nonullis magna 
 emendatione purgandis, fuper 
 qui bus lie m« Kexerat delatus. 
 Krantx. h'tfl. Saxcn,pag. 106. ^ 
 jibbas Urfperg. anno 1072. 
 
 (5) The Author adds, of 
 Sknna\ but he was oF Scana^ 
 a littie Town in Tr/fcany, un- 
 der the Arbhbiihop of Sknnay 
 Gregorius VI I. ja'ith Platina, 
 Fatria Soanenlis. -And Onu- 
 phrius add-^j £x Comitibus Fi- 
 tiliani, 5c :5oan3e/Monachus & 
 prior o'iin Cluniacanlis. In 
 Chruh H^^m, Pent, 
 
 (6) TJatina (faith that Gre- 
 gory) forbid only his lelling 
 the Biihopricks and Benefices, 
 under pain of Ecclefiaftical Cen- 
 fures. In the Life of Greg. YII. 
 
 (c) Platina reports the Form of 
 Excommunication of the Empe- 
 ror Henry lY. in thefe Terms : 
 Beate Petre Apoftolorum Prin- 
 ceps, inclina quasfo, aures tuas, 
 & me fervum tuum exaudi, 
 quern 6c ab infantia educafti, & 
 uiq; ad hunc diem ab inimico- 
 rum manibus vindicafti, qui me 
 pro mea in te £de oderunt & 
 perfecuti lunt. Fateor ego, 
 mihi tua gratia, non meis meri- 
 tis Populi Chriftiani caulam de- 
 mandatam tfi^fiy conceifamq; li- 
 gandi cs: folvendi' poteftatem. 
 Hac itaq- fiducia fretus, omni- 
 potentis Dei nomine, Patris, 
 Filii, iX Spiritus Sansili, Hen- 
 ricum 
 
Benefices and Revenues. 89 
 
 the. Admlniftratioii of the Kingdom of Jtdy and 
 Germany, He alio made a League with the Rebels, 
 and dVew the Emperor's own Mother into it againfb 
 her Son ^ excommunicating withal the Biihops, who 
 were his Minifters, or in any Employments under 
 him : And betwixt the Years 1076 and 1085, ^^^^ 
 the the Pope died in Exile at Salernum^ he had ex- 
 communicated the Emperor four times, befides a 
 General Decree he publiih'd on the lam.e Occafion, 
 importing, That if any Clergyman ihould accept a 
 Biihoprick, Abby, or any other Benefice from the 
 Hand of a Layman, he ihould no longer be reputed 
 of the Order, but be excluded from entering the 
 Church : And that all Kings, Dukes, Marquilies, 
 Counts, or any other lecular Lords or Powers what- 
 foever, who ihould be fo hardy to pretend to give 
 Inveilitures of Benefices, ihould incur the fame 
 Cenllires (d). 
 
 The 
 
 ricum Regem, Henrici quon-l 
 dam Imperatoris filiuni, qui 
 audacfter nimiuiii, /S: temerarie 
 in Ecclefiani tuam manum inje- 
 cit, Imperatoria, Regiaq; ad- 
 ininiftratione dejicio, ^ Chii- 
 ftianos omnss Iiiiperio lubjec^os 
 juramento illo abtblvo, quo fi- 
 dem veris Reg ibus praeftaie con- 
 llieverunt. In the fame Ijj^:, 
 
 It is worthy oblervation, that 
 it is by the Force oFthis Excom- 
 munication, that the Popes have 
 begun to ibake off the Voke of 
 the EmperorSj whole Yallals 
 they were, and which is more, 
 to ailume a Right -of taking 
 away the Crown from thole, 
 who always bad the Power ot 
 depofing the ,Pof e.?, wlicnever 
 
 they abus'd the Pontifical Au- 
 thorit}'. 
 
 {d) Authoritate omnipoten- 
 tis Dei decernimus, ut qui de- 
 incepsEpilcopatum, vel Cssno- 
 bium, vel aliquid aliud Eccle- 
 fiallicum beneiicium a I.aico 
 acceperit, nuUomodo in numero 
 Epilcoporum, Abbatum, vel 
 Clericorum cenleatur: Eifdem 
 quoq; cenUiris teneri volu- 
 mus, & alligari Reges, Duces, 
 & Principcs, qui Epifcopatus, 
 , Ecclefiadicafve dignitates^quod 
 I contra jus faiq; ell, demandare 
 
 I alicui fuerint aufi Prseterea 
 
 I vero gratiam S. Petri, & ingref- 
 ium Eccleliae his interdicimus, 
 'j quoulq-, penituerint fatisiece- 
 'rintq:. Ibidem, 
 
 It 
 
90 
 
 OfEcCLESlASTICAl, 
 
 The Emperor, leconded by the ^'eater Number 
 of the Biihops, who fbllow'd his Party, maintain'd 
 his Caufe lb well, by Arms, againft the Pope and 
 his Adherents, that they ran a Very imminent Ha- 
 zard in the Conteft. But Pope Gregory ^ who had 
 before excommunicated the Normans -a.?, XJlurpers of 
 the Kingdoms of Sicily and Abulia ^ now had Re- 
 courfe to their AfTiftance, took off their Excommu- 
 nication, and made Conceflions to them in every 
 Point, which before he had made the Ground of his 
 Qiiarrel. And if (upon this Agreement, and to bal- 
 lance the Emperor's Powerj R^ert (i) King of Sicily 
 and Naflesy had not, from perlecuting the Pope, 
 turn'd his Arms to his Defence, the Qiiarrel had 
 ended intirely to the Emperor's Advantage (8^. 
 But the Pope, tho' at that time an Exile, wich the 
 Ailiftance of Robert ^ fail'd not to liipport his Party. 
 
 It is to be obferv'd, that 
 Gregory y to colour his unjuft 
 Deligns to take away the Right 
 of inveftiture from Princes, 
 ranked it among fpiritual Things : 
 Tho* it was no more than a meer 
 dvil, and politick Ceremony, 
 by which Princes put the Ei- 
 Ihops and Abbots ip Polfeflion 
 of the FieFs and Eftates, belong- 
 ing to the Billiopricks and M o- 
 Tialleries : For to fay, that be- 
 caule Bilhops carry a Paftoral 
 Staff, which figniiies a Spiritual 
 ]uridi6i:ion over their Flocks, 
 and wear a Ring on their Fin- 
 ger, as a Type of their Mar- 
 riage Contra(ft with their 
 Church, that it therefore looks 
 as if i^rinces would pretend to 
 convey (piritual Power, which 
 they have not : This is a ib- 
 pliiiHcal Interpretationj which 
 
 confounds the Temporalities of 
 the Benefice (of whicli the 
 Prince, as firft Proprietor, and 
 Reprefentative of the People, 
 hath the DifpofaL) with 'the 
 Spirituals, which cannot be com- 
 municated but by the Impofi- 
 tion of thofe Hands, who con- 
 lecrate Bifhops. A Confecra- 
 tion which would be of no Signi- 
 iicancy, and ridiculous, if the 
 Inveftiture of the Prince coiv 
 ferr'd fpiritual Authority. . 
 
 (7} Call'd Gtiifchardy that is 
 to fay. The Crafty. 
 
 (8) Matcbiayel, lib. i. Hifl. 
 of Florence faith. That from 
 thefe Quarrels betwixt Empe- 
 rors and Popes, arofe the Fadi- 
 ons of Guelps and Gibdins, of 
 which the iirll took part with 
 the Pope, the other with the 
 Emperor. 
 
 And 
 
Benefices and Revenues q\ 
 
 And the continu'd Services of three of thefe Rogers, 
 all Princes of the Family oi' Robert ^ to the two 5uc- 
 ceiTors of Gregory^ both Monks of the lame Order, 
 procur'd tlom the lail of thefe Popes, Vrban II. a 
 Prefent of the Bull of the Monarchy of Sicily (9) 
 to one of the Princes, in Recompence of all the i?er^ 
 vices performed by the Normans to the holy See : 
 By v^hich Bull, he granted a larger Power over Ec- 
 clefiaftical Affairs, than that which he attempted 
 with lb much Pains to extort out of the Emperors 
 Hands. 
 
 A gain ft whom. Pope Gregory^ befides his repeated 
 Excommunications, and the frequent Rebellions 
 which he ftirr'd up and fomented, prevail'd even 
 with the Em^.i^rs eldell Son (10), to join in Re- 
 bellion 
 
 (9) which dedar'd him born 
 Legate of the holy See;, and as 
 iuch, conftituted him Judge of 
 Ecclefiaftical Caufes. Tho' this 
 Grant be Apocr) phal, and In- 
 tirely fiftiticus, in the Opinion 
 of the Learn'd, yet the King of 
 S^ahi^Ti^ his Minifters fail not 
 to take the Advantage of it, in 
 its utmoft Rigor;, eveji to the ex- 
 communicating Priefts, Monks, 
 Abbots, Bilhops, and Cardi- 
 nals themfelves, who reiide in 
 the Kingdom ; and to attribute 
 to themielves the Title o^ Moii 
 Holy Father. In the Year \^^6 
 the Council of State of Sicily, 
 which took upon itlelf the Qua- 
 lit}^ 01 the lacred College, pub- 
 lifli'd a Book, intitl'd, The :^/b- 
 narchy, with i^efign to autho- 
 rize the Spiritual Sovereignty. 
 Cardinal Barnrus hath writ a- 
 gainft itj Tcni, 1 1, of his Annals, 
 
 but fuceeded fo ill, that the 
 Vice-Roy o^ Naples and Sicil/y 
 and the Governor o't Milan fup- 
 prelVd thisVolum, without any 
 Regard to the Complaints made 
 by the Cardinal, in his Letters 
 to rhilip IIL King o{ Spain. 
 
 (10) Conrad, who took the 
 Titleof Kingof /if-^/y, and made 
 himfelf be crown'd at Milan: 
 After which he married the 
 Daughter of Rrger King of Si- 
 cily, who gave him powerful 
 AiHftance againft the Emperor 
 his Father. So that one o'i our 
 Advocates-General, o'i the lad 
 Age, whole Name I have for- 
 got, had reafon to fay, Ipeak- 
 ing o^ Gregory VIl. that under 
 him, the Romijh Church was 
 truly the Church Militant. 
 
 And yet a '^accbin Friar of 
 Enghien, was not fenfible he 
 made himielf ridiculous in wri- 
 ting 
 
9^ Of Ecclesiastic AL 
 
 bellion againft his Father, who by this Means was 
 almoft driven out of Italy : And the fucceeding 
 Pope(ii) purfiiing the lame Methods, in carrying 
 on the War, pour'd out his Excommunications 
 afrelh upon the Emperor, plied him with frequent 
 Rebeihons, ply'd his fecond Son H<??7r>' againft him, 
 and perliiaded him like wife to take Arms. So that 
 at length the Emperor, after great VicilTItudes of 
 Fortune, came to an x\ccomodation ^ but was de- 
 ceived in the Conditions, and in the end reduc'd to 
 a private Life, by a Relignation of the Empire to 
 his Son C12). 
 
 After the Death of the Emperor Henry IV. Tafchal^ 
 the 4th Pope (13J, (reckoning from Grgeory VII. 
 who firll took up the Spiritual Arms of Excommu- 
 nications, to wrell the Invelliture of Bilhops and 
 Abbots out of the Emperor's Hands) held firll a 
 
 ting an Apology for St. Gre- 
 gory VII. in anlwer to Father 
 Alexander, a Learn'd Brother 
 ofthe lame Order. After which 
 he might well think of making 
 another for Pope "JuUm II. who 
 fo nearly refembrd GregcryWl, 
 
 (11) Vi^or III. who had been 
 Abbot o? Mount'Cajfm, 
 
 (12) Vv horn he had caus'd lo 
 becrown'd King ofthe Roma}is 
 ^t Alx-la-Chapellei Anno T099. 
 
 This unnatural Son, ieeing 
 his Father come with a power- 
 ful Army to the Dyet held at 
 Mmti^ in "January, An, ico6, 
 went to meet him, and calling 
 himfelf at his Feet, begg'd 
 Pardon, with all the outward 
 Marks of a fincere Repentance. 
 The Emperor was wrought u- 
 pon with this feign'd Submif- 
 iion, and the}- both went toge- 
 
 ther to Bmgefty where the Son 
 deluded the Father, raiiing a 
 Jealoufy in him. That the 
 Archbifhop of Ment^ might 
 keep him irilbner, if once he 
 enter'd that City, before he 
 was ablblv'd from his Excom- 
 munication: That therefore it 
 were more advileable lor the 
 Emperor, to Hay i}:i\] Sit Bingen 
 while his Son w'ent to open the 
 D) et at Mentx, and try to dif- 
 poie 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- 
 queft of the Legate, w^ho af- 
 lilled there in the Pope's Name. 
 (13) Gregory YU, Vi^orlil, 
 Urban 11. I'afcal II. 
 
 Council 
 
Benefices and Revenues. 95 
 
 Council at GuaftalU^ a little Town in the Dutchy of 
 MantUitj and then another at Troyes in France^ in 
 which he renew'd the Decrees of Gregory VH. and 
 Vrhan II. importing, That no Laick fhould inter- 
 meddle with the Collation of Benefices (14J. 
 
 In Fra?ice theie Decrees were not admitted, but 
 the King maintained the former Ufage, as alio the 
 Emperor Hemy V. who was his Father's lecond 
 Son. This Prince, in the Year 1 1 1 o, 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 ihould come to Rome to receive the 
 Crown, and that no mention ihould be made of 
 the Invellitures on either Side, but as an Affair, 
 which had bred fb much Diffurbance, be dropp'd in 
 Silence. The Emperor came accoreiingly, and the 
 Pope believing himfelf the ffronger, would have 
 oblig'd him, contrary to the Agreement, to have re-~ 
 nounc'd the Inveftitures. But the Emperor, having 
 taken a better Ellimate of his own Strength, had. 
 tho, Courage to demand a Revocation of thele De- 
 crees, laying. He would not be leii than Charlernaign^ 
 Ludovicus PiuSy or the Debonair ej or other his Pre- 
 deceifors, who had enjoy'd the undiiputed PolTefHon 
 of the Inveftitures "^ : This eniianiing the Qiiarrel, 
 the Emperor feiz'd on the Perlons of the Pope, and 
 the greater number of Cardinals, and carry'd them 
 
 (14) riatina in the Life of Pope (who reftbr'd theEifhop. 
 Urban II, {a.khy That oriii Hdnry to his Eifhoprick) 'I hat he 
 Bifliop of Soijfons refign'd his would never affiil: at the Coij- 
 Eiihoprick into the Popes lee ration of E if hops, which 
 Hands, as not believing the ihou'd be prelented by Lay 
 King of Frayice, who had pre- Hands. 
 
 fented, had a Right to nomi- ' '^ V ide Sigebert Gemblacens, 
 nate-, and took an Oath to the in Chronico, Anno iiii. 
 
 Prilbners 
 
94 Of Ecclesiastical 
 
 Prifoners out of Rome. 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 (e), 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 Sacramdnt upon it, divid- 
 ing the Holt betwixt himfelf and the fimperor (/), 
 pronouncing the moft dreadful and execrable Impre- 
 cations on the Violaters of this Peace. 
 
 When the Pope returned to Rome^ he declared ftill 
 he would obferve it : Neverthelefs, his Legates 
 took the Liberty to excomxmunicate the Emperor, 
 and two Years after, in the Year 1112, thele Im- 
 precations had io lolt their Eorce, that he held a 
 Council, in which he confirm'd the Decrees of the 
 Popes Gregory and Vrhan^ that none iliouid receive 
 Inveftitures from Lay Hands ^ and procured alfo 
 the late Pacification with the Emperor to be anmilfd 
 
 (e) In Reconciliatione autem 
 quse fa(a:a eft inter Imperatorem 
 & Papain, (nam ipfum Papam 
 cum Epifcopis, & Cardinalibus 
 ceperat) die Pafchse Henrico in 
 Imperatorem coronato, poft 
 Ledum Evangelium, tradidit 
 ei Papa ante altare Apoftolorum 
 Petri & Pauli, in oculis omni- 
 um Principum Privelegium de 
 Inveftitura Epifcppatuum. vel 
 Abbatiarum tarn per annulum 
 quam per virgam fcilicet ut 
 I'egni ejus Epilcopis, & Abba- 
 tibus, libere pr^eterviolentiam 
 & Simoniani ele»5lis, inveftitu- 
 ram Virgae &: annuli, conferat ; 
 poft inveftitionem verb Cano- 
 
 nice confecrationem accipiant 
 ab Epifcopo ad quem pertinue- 
 rit. SJgebertus in Chrcnicc-, 
 Anno nil. ^ Abbas Vrfer^ 
 ^enfisy eodem annc, 
 
 (f) Con£rmatio pads inter 
 Apoftolicum & Imperatorem, 
 dum in Celebratione Miflse tra- 
 deret ei Corpus & Sanguinem 
 D. N. Jefu Chrifti : Domine 
 Imperator hoc corpus Domini 
 natum ex Maria Yirgine^paffum 
 in Grace damns tibi in Con£r- 
 mationem ver% pacis inter me 
 (5: te. Sigebertiis in Cbrcnico 
 anno cit, vide ^uretuw in Nct'iS 
 c,d Ep. 236, Tvcnis CatiKt, 
 pag, 195. 
 
 and 
 
Benefices and Revemtes. ^^ 
 
 and declar'd void, by that Council (15) : And to 
 leave no Doubt of its being fo, lie finally exconi- 
 communicated the Emperor again, in the Year 
 1116. 
 
 FopeGelafius II. was immediate SucceiTor to Pafcal^ 
 and next after him, came CaHftus II. betwixt whom 
 and the Emperor thz Contell liill lafted, and he was 
 excommunicated fucceiTively by them both. 
 
 Thefe three Popes not only made ule of Excom- 
 munication, but found him Employment like wile in 
 the leveral Rebellions, which they fbirr'd up againli: 
 him, and which were headed by Lotharm o^ Saxcny^ 
 whole Arms had gain'd frequent Advantages againft 
 him. At length, the Emperor finding himfelf be- 
 let with fo many Difficulties, renounced his Claim 
 to the Inveftitures C^). Thus ended a Qiiarrei, 
 
 which 
 
 (15) When the Emperor 
 complairi'd of the Excommuni- 
 cation thunder'd againft him, 
 fome time after by the Council 
 of Later an, the Pope, Pafcal^^ 
 madeanfwer. That he had in- 
 deed promis'd, he, himfelf, 
 never would excommunicate 
 the Emperor , in Claim of the 
 Inveftitures, but never promis'd 
 that he would not make him be 
 excommunicated by a Council. 
 To which the Emperor might 
 have reply'd, That this Excom- 
 munication was an h€t of the 
 Pope himfelf, feeing he had con- 
 firm 'd it with the Kevccation of 
 the Inveftitures : For tht; I'opes 
 pretend, that the Afts of Coun- 
 cil are not valid without the 
 Papal Confirmation: So that 
 both the Revocation and Ex- 
 communication had been void 11:' 
 
 the Pope had not coniirnfd 
 them. 
 
 (g ) See the Jcl HfeJf: Ego 
 Henricus Dei gratia Romanor- 
 um Imperat. Auguftus pro a- 
 more ,Oei, & fandx Romanae 
 Ecclefise tk Domini Papse Ca- 
 lifti, (S: pro remedio animae meae 
 dimitto Deo, 6: fanAis ejus 
 Apoftolis, Petro *Sc Paulo, fan- 
 (ftje Ecclelije Catholicse cmnem 
 inveftituram per annulum &: 
 haculum & concede in omnibus 
 Ecclefiis fieri eleclionem & li- 
 beram confecrationem. Poifef- 
 ficnes ik regalia B. Petri, qu.c 
 a principio hujus dilcordiai uiq; 
 ad hodiernam diem five tem- 
 pore Patrismei five eiiammeo, 
 ablata funt, qux habeo, eidem 
 fanAse Rom. £cclefi?s refcituo: 
 Qux autem non habco, ut reiU- 
 tuantur. hde liter /avabo. i?cf- 
 ieiTiones 
 
96 Of Ecclesiastical 
 
 which (had lafted 56 Years^ under fix Popes) had 
 been the Occafion of excominmiicatlng an infinite 
 Kumber of People, Ecclefiafticks and Seculars, 
 who had engag'd in the Emperor's QT.iarrcI ^ and 
 which had been the Deftruclion of Millions of Peo- 
 ple, on one Side, and the other, in 60 Battles, 
 fought by Henry the Father, and in 1 8 by Henry his 
 Son. ]iTant<& molis erat~] So great a Work it was to 
 lay the Foundation of fo vaft a Stru£lure, which we 
 have lince feen carry 'd up to its Height : Of which, 
 we ihall have occafion to difcourie of 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 tiie 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 (i (5) ^ and that therefore the Pope had 
 Reaibn 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 
 tliQ, Emperor, who was as little bound to obferve 
 all that he had agreed to on his Part, to ihelter him- 
 felf from tht^st Storms of Excommunications and 
 
 feffiones etiam omnium aliarum 
 Ecclefiarum & Princlpum, & 
 aliorum tarn Clericorum, quam 
 Laicorum concilio principum, 
 & juftitia, quas habeo ut red- 
 dantur, iidditer juvabo. Et do 
 veram pacem Califto, fanftse 
 Rom. EccleliK:, & omnibus qui 
 in parte ip/ius llint;, vel fuerunt^, 
 & in cuibus lanfta Rom. Eccle- 
 fia auxilium pollulaverlt iiddi- 
 ter juvabo. Abbas Urfper^enfis 
 in Chron. an, ^ 122. 
 
 feenj, and prevented this Ob- 
 jeAion ; 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 fecond 
 Bull of ^le lame Tenor with 
 that which the tope had gran- 
 ted before he was fet at Liberty ; 
 to the end the Court of Kctr^e 
 fliould have no Pretext to pro- 
 teft againft the Conce'TIon, or 
 rather Ccniirmation of invefli- 
 
 (16) The Emperor had fore- turcs. 
 
 ■ Anathemas, 
 
Benefices and Revenues. 97 
 
 Anathema's, belides fo many open Rebellions and 
 private Conlpiracies, which may be reckoned as 
 thrown into the Compofition to raile the Storm : 
 And therefore what Realon was there any more to 
 renounce an Agreement made for Fear of Imprifon- 
 ment, than one made in Terror of Excommunication 
 and tlie Confequences of it, and of feeing his Peo- 
 ple in Confiilion, and his Eflates torn in Pieces, 
 and overturn'd with Civil Wars. 
 
 Some Fathers of the Council in the Prefence of 
 Pafcaly made ufe of this Dilemma^ " If the Decree 
 *^ by which the Pope confented to yield up the 
 " Inveftitures to the Emperor, were lawful, it ought 
 *^ to be obferv'd : But if it be unjuft, and, as Ibme 
 *' fay, heretical, the Pope, as the Author of it, 
 " is therefore unjuft and heretical alio ^. 
 
 It is certain, that a Conceflion of a Thing jufl and 
 due in itfelf, is valid, tho' made through Fear -^ and 
 on the other fide, an Ad: is never juilihable, if a- 
 gainft the Law of G O D, by the llrongeil Imprel- 
 iion of Fear that can be pleaded (17). 
 
 * Abafs Urfpergenfis in Chron, 
 anno 1116. 
 
 (17) Eecaufe the Natural 
 Divine Law is, oF itfelf, good 
 and immutable, and commands 
 things abfolutely necellary to 
 Salvation. And for this Rea- 
 
 fon, according to St. 7h^?T2asy 
 the Commandments of G O D 
 bind ablolutely, arid not the 
 Commands of the Church, 
 which, for that Reafcn may, 
 in fome Caies, be diipens'd 
 with. 
 
 H 
 
 CHAP. 
 
98 Of Ecclesiastical 
 
 CHAP. XXIV. 
 
 TH E Struggliiigs and Contentions betwixt the 
 Popes and Emperors, about the Inveffcitures 
 of Biihopricks and Abbies, were not confin'd to 
 Italy and Germany alone, which were the Kingdoms 
 and Dominions of the Emperor : But feveral Bi- 
 iliops in France like ways, excited either by hitereft 
 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 '|', 
 the King generally carried his Point : And the 
 Popes contented themfelves to gain that by little and 
 little, which it had not been poflible for them to 
 have compafs'd all at once. ^ 
 
 In EngUndj where the Kings had hitherto always 
 conferrM the Biiliopricks and Ahbksy Jn/elm^ Arch- 
 biiliop of Canterbury y in the Year 1 102, in Obedi- 
 ence to the Pope's Decrees, began to refufe to con- 
 lecrate Biihops nominated by the King (^a). This 
 donteft held for many Years, the King maintaining 
 
 * Vide Gcffnd. Vmdoc'm* 
 ira^, 2, 3, C!? 4. 
 
 -f:' Vide Tvcn. Carnct, ep, 60. 
 
 {a) Eodem anno [ 1113] 
 Anlelmus C^mtuarienfls Epiico- 
 pus Concilium tenuit Londoniis 
 in ecclefia ^t. Petri, prsefente 
 Rege, & luffraganeis Epifcopis. 
 In hoc concilio — - Regi, qux 
 Rom?e decreta erant, Concilio 
 generali, piano fermone delcrip- 
 jit, quod videlicet nullus Eccle- 
 fiarum Prsi'atuSj Epifcopus^ 
 vel Abbas, v^el Clericus inve- 
 ftituras alicujus Ecclefiafticae 
 dignitatis de manu fufcipiat 
 
 I.aicorum. Et quoniam ad juf- 
 iionem Regis quofdam Epilco- 
 pos, qui inftitutiones a i\.QgQ 
 fulcepemnt, confecrare noluit, 
 vel eis communicare Rex vehc- 
 menter iratusprsecepit Gerardo 
 Archiepifcopo £boracenfi, ut 
 eos conlecraret : Sed Willie] mus 
 GifFardus VVintonieniis Ele<5lus, 
 qui coniecrari debuit, Gerardi 
 fprevit confecrationem. Quare 
 juffu Regis eliminatur a Regno. 
 Matth, Farh in Hsnrico, Vide 
 Juretum in not is dd epift. 190. 
 Tuonis, ^ Baluiium Mifcell. 
 torn, 4. paj^, ^'J'J; 
 
 his 
 
Benefices and Kevenues. oV 
 
 iiis Authority ( I ), and the Archbifhop, fupported 
 by tht Pope, oppoling it. The King, in Hopes to 
 bring the Pope to hear Reafon, lent an Ambaiiador 
 to Rome^ who, provok'd by the rongji Anlvvers and 
 Menaces of tho Pope, declar'd that his Mailer 
 would never yield up his Authorily, tho' he loit his 
 Kingdojn in its Defence : To v/hich the Pope, with 
 no lefs Boldueis, reply 'd. He would never liiifer the 
 King to nominate to the Benefices, i^ he lofc h's 
 Head (h). The King flood his Ground,, and Jnfelm 
 was forced to quit the Kingdom ; nor could he ever 
 return again, v^ithout complying with the KinL^(c). 
 But this Prince dying without Sons, and a Civil 
 War enfliing, it was eafy for the Clergy to intro- 
 duce in Evglandj what the Pope liad done in the 
 Empire, by the Renunciation of Hmy V. 
 
 (i) He infiilied, that the In- 
 veftitures of Eiihopricks was a 
 Right of bis Crown, and en- 
 joy'd by his Anceflors for time 
 immeinorial. 
 
 {b) Die pro Regiis condituo 
 negotiis^ Wiiliehnus de Ware- 
 naft Clericus, & Procurator 
 Regis Anglorum caulam ipflus 
 in medium tuUt, ac inter alia 
 conftanter allegavit, quod nee 
 ipl'e pro regni amiifione iiivefH- 
 turas Eccleliarum amiitere ve- 
 lit, & hoc verbis minacibus af- 
 iii-mavit. Ad hacc Papa, ii 
 quemadmodum dicis, Rextuus^ 
 nee pro regni amillionc donatio-' 
 nes Ecclefiarumaniictere pate- 
 retur, fcias prjecise" coram Dto 
 dico, quia nee pro mel capitis 
 red^mptione easilii impune per- 
 mitterem cbtini^re. Math. Varu 
 anno 1 103. Vide Will, Mah>:J' 
 burknfefKi Hk i« 
 
 (c) Eodem anno fiicp] 
 factus eft Conventus Fpifcopo- 
 rum & Abbatum pariter <:^ raa^^- 
 natum Londiniis in Palatio Re- 
 gis, proeliderte Archiepiicopo 
 Anfehlio, cui innuit Rex Hen- 
 ricus, is: ftatuit, ut a]) eo tem- 
 pore in reiiquum nunquam per 
 donationem baculi paftorais, 
 vel annuii, quijquani de Fpii- 
 copatu, vel Abbatia per Regem, 
 vel quamlibet Laicaiii irja'num 
 Inveftiretur in AngUa, concc- 
 dente Archie pi fcppo, ut nulius 
 ad prselationthi elecf us, pro ho- 
 magio quod Regi faceitt con- 
 fjcratione iuiccpd honoris pi I- 
 varetur. Mcii. rarzy, 
 
 Me?;rajy fpe^k'ng of th;:; 
 Agreement, fa th, that^flri^^liy 
 ipeaking, it wa^cnly changii-'g. 
 Terms, ibr who pays Horfirc^e 
 is a Vallalj und holds of him 
 to whom lie pa} s it, 'hi tbs 
 Life (f t'hv.i Auu-uilus, 
 
 H 2 It 
 
loo Of Ecclesiastical 
 
 It is true indeed^ that in the Year 1 132, LothartHs 
 of Saxony J who lucceeded the Emperor Henry V. 
 being fought to by Innocent II. to acknowledge him 
 for Pope, and Anacletus II. (2), his Competitor, 
 reflis'd it, unlefs Innocent would reftore the Inveffci- 
 tures, which Bmry the Emperor, his PredeceiTor, 
 had renounced : And probably Lotharius had ob- 
 tained them, if he had not delifted 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 Pafcaly had taken Arms 
 againfl 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 Vidlories, that where the Force of an Enemy^ 
 is not quite broken and exhaufted, the Remains of 
 the vanquiili'd Party often gather Strength, and re- 
 vive their old Pretenfions (f), which a prudent 
 Conqueror will try rather to defeat by Artifice and 
 Temporizing, than to return to open Force, which 
 might re-kindle the War (J). 
 
 (2) Who, accord[ngtoOm<pb- 
 rlus, was created the fame day 
 ^Yith Irmccent II. and held the 
 Chair 7 Years- and 9 Months. 
 Innocent was chofen by 17 Car- 
 dinals, and Anacletus by 2i, 
 which feems, with feme Rea- 
 fon, to make the Eledion of 
 Innocent very doubtful. 
 
 {d) Importune Lotharius 
 Rex inflitit, tempus liabere le 
 reputans opportunum, Epifco- 
 porum fibi reflitui Invelfituras 
 «|uas ab ejuldem prjedeceffore 
 Imp. Henrico per maximos la- 
 
 bores Rom. Ecclefia vendicarat. 
 Expavefcentibus Rom.R.poten- 
 tiam, murum feoppofuit Abbas 
 fanftus, audacfter eniin refiftens 
 Regi, verbum ma'ignummira 
 libertate redarguit, mira autho- 
 ritate cornpefcuit. In hU Zifcy 
 by Allen Bi^)op cf Auxetre. 
 cap. 18. 
 
 (e) Relidis per quos relurge- 
 ret bellum. Tacit, AnnaL 3. 
 
 C/j Elfe adhuc viclis vires, 
 
 ambiguas, fl deliberarent, acres, 
 
 ii delperalTerir, viftoriam coil- 
 
 filiis, & ratione perfici. Hifi,i, 
 
 . Thus 
 
'Benefices and Revenues. loi 
 
 Tliiis ic happen'd on the prefent Occafion, the 
 Popes could not gain fo abtblute a Victory^ in a 
 Caufe of flich vaft Pretenfions, but that there would 
 yet remain, here and there, lome Benefices in the 
 Dilpofal of Laymen, and that there was ftill ibme 
 Prince, who, tor hiterell of State, would dilpole of 
 Biihopricks, without any Regatd had to the Pope's 
 Preteniions. 
 
 In France the Regale remained in Force, w^hichis 
 a Right the King hath of conferring all finple Bene- 
 fices, or luch as are without Cure, that ihall fall 
 vacant after a Biihop's Death, untill a Succeffor be 
 appointed (3). 
 
 in Germany^ the Emperor preferv'd a Right vs\ 
 many Churches ■^, of prefentingone of the Canon- 
 ries : And leveral other Princes retain'd likewile 
 divers partiailar Rights. 
 
 The Popes fearing to revive the old Qiiarrel, and 
 to . hazard the lofing all the Advantages they had 
 gain'd, if they fhould attack thole particular Cu- 
 ftoms, or to prejudice the Common-caufc, by let- 
 ting them run on, wifely had Recourfe to Nego- 
 tiations and Artifice. So they bethought thejn- 
 felves of a middle Courfe, which was to fet the 
 Canonifts, and other Pen-men, who were in their 
 Interefts, on writing, to prove, that Princes enjoy 'd 
 this Power by ConcelTion only from the Popes *, 
 vyhich ferv'd to advance an Op'nion, that Princes 
 had no Right w^hatfoever, but wdiat proceeded from 
 the Grace and Favour of xh.^ Popes, and even, to 
 carry the Pretenfions of the holy See yet higher : 
 Tho', whatever the Pretenfions were, they met 
 
 (3) The Regsl lafted not 
 only until the Creation of a 
 Suxeflbr, but until be had ta- 
 ken the Oath of Fidelit^• to the 
 
 King, and had obtain'd Letters 
 of Licence to take PoUeilion. 
 
 * Abbas Urtper^enfis, anno 
 1122. 
 
 H 3 with 
 
to:? Of Ecclesiastical 
 
 with a great Difpofition in Princes to bear with 
 them :, who periuaded themfelves, that the Addi* 
 tion oi:* a Title from the Church, ftrengthen'd their 
 own ^ that it was a quieting and enfiiring the Fof- 
 feffion, and putting them under Coyiert from the 
 Papal Perfecutions. 
 
 But the Event ihew'd how much they were mi* 
 ftaken in the Pvcmedy they propos'd, which proved 
 a Poilbn to the Dillemper, and deftru6tive of all 
 Qiiiet : For abont the Year 1 300, Boniface VIII. had 
 iharp Contefls with Fhdi^ the Fair^ King of France^ 
 to make him renounce the Regale ;, and the Qiiarrei 
 went lb high, that the Kingdom was brought into a 
 very dangerous Condition, not only by its being 
 laid under Excommunications and hiterdi^ions (^), 
 but by its being made a Prelent to the Emperor 
 Albert J- to incite him in his undertaking the Con- 
 queft of it. 
 
 Thofe, who at firft belrev'd it would be for their 
 Interefr, to hold that by Conceffion from the Pa- 
 pal Chair, which was, in Truth, the fole Property 
 of the Princes^ did not confider, by what brittle 
 Bands all Apoilolick Concefiions were held -^ iince 
 110 Agreernent could ever be found ftrong enough to 
 
 (4) The Author adds. That 
 the King was deprived of his 
 Kingdom; but this is eafily 
 uriderflood, fitice Bcnifare gave 
 it to another Prince. Yet this 
 hinder'd not Pbrl/p and ^^IbeH 
 from coming to an Interview as 
 good Friends, at Vaumdeurs 
 in Champagne-, where thry re- 
 newed the ancient League be- 
 twixt the Empire and France, 
 anno 1299. and the Year fol- 
 lowing a Marriage was fblem- 
 
 Albert, with Blanch the Daugh- 
 ter o^ PhiUp. 
 
 (a) Miilb in Franc'am Ar- 
 chi-Diacono Narbonenii Phi- 
 lippum vetat£J5^»//^f//^^Jquid- 
 c^uam de Ecclefise proventibus 
 percipere, qui tametfi Ecclelise 
 defenfor fit, fetamen Regnumq; 
 Francias per ejus contumaciam 
 ad Rom. Eccleiiam elle devo- 
 lutum. Gagv'm. lib, J. de rebus 
 ^^cflis Franc, Vide Paul M-mt- 
 Hum in Fhilippo .pulcbo^ pag. 
 
 Filz'd bttwht Rod'lphm Son 0^ 169, 
 
 biijid 
 
Benefices and Revenues. lo^ 
 
 bind Popes, but that they pretend to a Power of 
 revoking, even without a Caufe, (not that they 
 ever want Pretexts for one) any Privileges whatib- 
 ever, granted by their Predecelfors : Behdes, that 
 whoever poireiieth any thing in his own Right, and 
 yet is contented to acknowledge it as held of Grace 
 from another, may apdy be compared to a Man, 
 who leaves his own Ground, to build on another 
 Man's. 
 
 On the Contrary, when any Prince, whole Pa^ 
 tience was worn out, and grown weary of the De^ 
 pendance, conferred any great Benefice of himfelf^ 
 which the Kings o{ England and Sicil)' did ver fre- 
 <]uently, the Popes inade no Words of it to the 
 Prince, for f^ar of engaging too far in Contefts ; 
 but to prevent any future Prejudice by the ill Pre- 
 cedent, they fo wrought by the Monks, that the 
 Eleft ihould renounce all his Right into the Pope's 
 Hands (/?), who ihould oblige himfelf to give them 
 the Inveftitures :, by which Expedient they arriv'd 
 at tile peaceable Enjoyment of that, which other- 
 ways would have been eternally conteiled, and have 
 put the Ele^r in endlefs Difficulties. 
 
 (b) Hacratione, atq* hoc oi- 
 dine Pontificatus Icandere co- 
 aftus aegre quidem cum multa 
 lisefitatione conlenfit propter 
 contentionem illam quae erat in- 
 ter regnum & facerdotium cauia 
 Invert iturae 5 & eleftionum Ec- 
 clefiarum, quas evacuare fibiq; 
 vindicare plus aequo nitebatur 
 Imperialis authoritas. Pvurfus 
 
 & elongabitur ab eo. Inter has 
 igitur anguftias politus, quod 
 unum lalutare ej{;iilimabat, ad 
 fanftae .^ Apoftolicae fedis auxi- 
 lium conffjgere decrevit. In ipil) 
 igitur articulo, cum adhuc in 
 Aula Imperatoria elFet, votum 
 nuncupavit Domino, nunquani 
 ie in Epifcopatu permanfurum, 
 nifi confentiente & poftulante 
 
 autem verebatur, non fine Di- : Ecclefia lua, ipfius Pontificis 
 vinitatis nutu jam tertio fibi Maximi manu;, Hz conlecrari & 
 auFerri Epifcopatum, eumq; fi inveftituram confequi merere- 
 tertio fibi repudiaret, pofle tur. Anonym, in i'ii(i S.Ottoms, 
 in ipfum competere illam ien- anno 1 102, 
 t^ntiam : Noluit Benedi^ionem '= 
 
 H 4 Ot 
 
104- Of Ecclesiastical 
 
 Of this manner of proceeding, Florence of Wor-. 
 cefiery and Ivo of Chartres "^^ Writers of that Age, 
 make frequent Mention, as of a common Praftice 
 in Germany and France^ where, to ule their own 
 Phrafe, the Popes took with one Hand, and gave 
 with the other. And it found the ealier Admiflion 
 with the Parties concern'd, becaufe it drew them 
 out of the prelent Difficulties : And when the King 
 who had prefented, came to know it, he was apt to 
 let it pafs, lince it wrought no immediate Altera- 
 tion, without confidering what Conlequence it 
 would have in the End. The Popes alio, at this 
 Day, play the lame Game againft the Catholick Bi- 
 ihops of Germany y who refule to admit their Right 
 of Prevention or Relervations •, of which, more 
 iliall be laid in its proper Place -f*. 
 
 In Sfawy the led ate and quiet Temper of that pru- 
 dent Nation, together with the good Government 
 of their Kings, amidft an univerlal Agitation round 
 about them., preferv'd that Country in a perfect 
 Calm : To wJiich, the Exercife the Saracens gave 
 them in thole Ages, might polTIbly contribute, lb 
 far as to incline them to live in Union with their 
 Kings, and to make Peace more valuable. 
 
 Thefe Kings had never llrain'd their Power over 
 the Clergy to any extravagant Pitch, in order to 
 bring thpm lower ^ nor had th^ Clergy ever enter'd 
 into any foreign Engagements, beyond their Duty, 
 to exempt themlelves from the King^s Jurifdi^lion. 
 Befides that, when it was evident that the Popes 
 had, either by Force or Terror, or by Intrigues, 
 gained Advantages over other Kingdoms, thefe 
 Princes lludied always liich Expedients, as might 
 p. event the Effects of thefe Innovations as much as 
 
 Eplil. 190^ 191, & 233. I f See the Article 39. 
 
 polTible. 
 
Benefices and Revenues. lo^ 
 
 poflible. And therefore, tho' Blihops and other 
 Ecclefiafticks had been conftantly ordain'd here ac- 
 cording to the ancient Ufage, yet when the Changes 
 we have mention'd came to be made in other Coun- 
 tries, thele Princes would have no Differences with 
 the Popes, but by a wile Temperament, contented 
 themfelves with contriving, That no Bifliop fhould 
 be ordain'd, without their Confent : "And to fecure 
 himfelf of that Right, Mfhonfus VI. fought to Vr^ 
 ban II. for his Confirmation •, who granted him the 
 Jm Tatronatm of all the Churches in his King-, 
 dom (5). 
 
 Thus we lee the Kings of S^ain have proceeded 
 in quite another Method than thole of Germany^ 
 France y and England ^ for being contented to hold 
 that Precarious, and as of Grace from another, which 
 belong'd to themlelves fingly, they purchased a more 
 peaceable Enjoyment : When others have been a 
 long time ftruggling and defending themfelves a- 
 gainll any Hich Acknowledgement : And yet, both 
 the one and tJie other ailling upon very prudent 
 Confidarations. 
 
 Thefe law evidently, that it was the high Road 
 to Subje£lion, and to lole all \ feeing the Demand 
 of the Pope was not an End of his Pretenlions, but 
 a Step to much greater. They conlider'd their own 
 SubieOis, elpecially the Ecclefiafticks, carried by a 
 Pallion for Liberty, that might be call'd Licentioul^ 
 nefs : And conlequently, as they were always ready 
 to enter into Engagements with Forreigners, to lel- 
 1^kn the Authority of their Prince, Hich a Door 
 ought not to be left open to invite them. 
 
 (0 Vlatina faith, That Ur- 
 ban II. gave the Pallium to the 
 Archblfhop o'l Toledo^ and crea- 
 ted him Primate of ^y^^/^, and 
 
 excommunicated the King of 
 
 GaJicla, and all the Province, 
 for having imprifon'd the Ei- 
 fhop of St. James^ 
 
 But 
 
io6 Of Ecclesiastical 
 
 But in Spalfiy tho' the Confidence which the Prin- 
 ces had in die peaceable Diipofitions of their Sub- 
 je£ls, gave no Jealoufy of their having Recourfe tp 
 any forreign Interefts, yet thcfe Princes had a great 
 deal to apprehend from the low State of their Af- 
 fairs at that time, and from the Artifices of thole 
 who had been already fo fucceisful in making the 
 Subjects of other Princes revolt, who far exceeded 
 thefe in Power : And therefore, prudently deter- 
 mined to receive freely, what greater Princes than 
 themlelves had been compeli'd, after fo many Wars 
 and bitter Contells, to Hibmit to. 
 
 Finally, in that Space of Time, betwixt the Years 
 1 122, wherein the Emperor Henry V. renounced the 
 Inveflitures, and 1145, it became a Rule almosfl: 
 every where eftabliih'd, that upon the Death of the 
 Biiliop, his Succeflbr ihould be chofen by the Chap- 
 ter "^, and confirm' d by the Metropolitan : That the 
 Abbots fliould be chofen by the Monks "j^, and then 
 confirmed by the Bifhop, if the Monaftry were not 
 exempted, and if it were, the Pope(i) was to he 
 apply'd to for his Confirmation. That the other 
 Benefices, v/hich v/ere de Jure PatronatHs^ ihould be 
 conferred by the Biiliops upon the Prefentation of 
 the Patron : But that all the reft iliouid be at the 
 intire Diipofal of the Biihops, 
 
 ^ See St. Bernard, Ep. 22. 
 ad Clerum Senonenieni 276. ad 
 Eugen. Papam, & 282. adLu- 
 dovicum Re gem Francorum. 
 
 •V Id, Ep. 381. ad Alexan- 
 drum Prioreni de Fontihus. 
 
 (i) Matth, Paris faith, That 
 this was not praAis'd in Eng- 
 land^ till after the Year 1257. 
 Eodeni anno ilatutum cit Rom^e 
 
 a Domino Papa, & fratribu* 
 Cardinalibus qui vigil anter iua 
 temporalia^rocurant commoda 
 & emolumenta, aliena non cu- 
 rantes ut quilibet qui in Abba- 
 tern exemptum ex tunc elige- 
 retur, Romanam Curiam adi- 
 ret conHrmandus & benedicen- 
 dus. Jn Henrico 3, 
 
 There 
 
Benefices and Revenues 107 
 
 There remaiii'cl indeed the chief EIe£i:ion of all, 
 the Poped'Om, which feem'd not to fall under any 
 Jlegulation -^ for, after the Emperor had been ex- 
 cUided from the Eleftion, inftead of its returning 
 to the People, which was a Conlequence ought to 
 have been expe&d. Innocent II. upon a Qiiarrel be- 
 twixt him and the Roman People, in which he was 
 driven out of Rome^ in Return, took away the 
 Right of Eleftion from the People Qi), 
 
 (t) Innocentio II. faith Onu- 
 phrius, qui pacem quam helium 
 malebat a Civitatis adminiftra- 
 tione Tubmoto, novum reipub- 
 lic9e corpus, prgeter ejus volun- 
 tatem> conftitutum eft [^becaufe 
 the Rcma/i People delir'd to 
 iliake off the Yoke of the Prieft- 
 hood;, and re-eftablifh the old 
 Democraiical GovernmentJ In 
 
 quibus controverfiis populus 
 "lomanus, quod Poritiiici re- 
 bellis eflet^ Anathemate nota- 
 tus, tunc primum a Pontifi- 
 ciis comitiis -omnino exclufus. 
 Primus porro, iine ullo popuU 
 interventu Papa creatus eft, 
 mortuo Innocentio ibcundo, 
 Cxleftinus fecundus, Annotat, 
 advitam Inncc, 11, 
 
 CHAP. XXV. 
 
 During the Troubles which arofe upon the Sub- 
 je£l: of thefe Diiferences, many Cities revolted 
 againft the Emperor, at the Inftigation of their Bi- 
 iliops, who were in Confederacy with the Pope -^ 
 and having made themf elves the Pleads of the Re- 
 bellion, became Mafters of tliQ publick Revenues, 
 and of the Rights and! Royalties belonging to the 
 Crown : And when Things came to be compos'd, 
 
 they 
 
loS Of ECCLESI ASTICAI. 
 
 they were lb well iix'd (i) in thofe PoiTefTion.s, that 
 the Prince was oblig'd to grant them the Fiefs of 
 what they had really uliirp'd (2) : By this Means they 
 acquired the Titles of Dukes, MarquifTes, and Counts, 
 of whom we find many in Germany at this Day, 
 both m Name and in Reality ^ tho' in Italy j indeed, 
 they retain only the Name. And thus we fee how 
 vaft Secular Eftates became Ecclefiaftick, fand grew 
 lacred] which receiv'd alfo a conliderable Addition 
 during the other Troubles and Confufions, which 
 happen'd under the Emperors of the Houfe of 
 Suabia, 
 
 (i) Tacitus obfervesj that it 
 is uiual for Ufurpers to alledge 
 a long and unjuit poireffion for 
 a juft Title. 
 
 Regis Appionis agros proxi- 
 mus quifq^ poirelfor mvalerant, 
 diutunaqj licentia 6c injuria 
 
 quafi jure & aequo nitebantur, 
 ^nno 14. 
 
 (2) It was becaufe of thefe 
 Fiefs, that many Bifhops, both 
 German and French^ were ob- 
 blig'd to go in Perfon to the 
 Wars. 
 
 CHAP. XXVI. 
 
 T^ HE Monks in thefe Days, by iriterefting them- 
 ielves, and by their adive Appearance, in fa- 
 vouring the Attempts of the Popes againft the Prin- 
 ces fi), loft much of the Opinion, which was had 
 before in the VVorld^ of their Smdky. 
 
 (r) Mc^eray faith, that in 
 Confideration of the Services 
 done to the holy See, in the 
 Quarrels with tlie Emperors, 
 that the Popes honoured the 
 principal Abbots with Epiico- 
 
 pal Ornaments, -z//^. A Miter> 
 a fort of Veftment or Surplice> 
 or Veftment call'd VaJmatlcay 
 Gloves, Sandals, and then witti 
 the Crolier. Life of EhiL 
 Austuilus. 
 
Benefices and Revenues. 109 
 
 As, indeed, all Difcipline and {knd: Obedience 
 among them were funk lb low, lince they had in- 
 truded themlelves into the Affairs of State and War, 
 that it put a Stop to the Growth of their Fortunes - 
 except in Ibme little Fraternities newly inftituted 
 in Tufcany^ who made themfelves no Parties in 
 thele Broils, but preferv'd their Dilcipline (2) : So 
 that thele ftill ihar'd in the Peoples Devotion, and 
 ftill prelerv'd the Means of acquiring it, tho' in a 
 very moderate Degree, becaule of the Poverty of 
 the Country. 
 
 (2) F,* Paold here tacitely 
 praifeth the Order of Servitcs^ 
 "vvhofe Habit he wore : Por it 
 was about this time that this 
 Order, and many others, were 
 
 in Collegium coegerunt anno 
 J)om. 123c. Quo tempore ea 
 R cgio hujuimodi partuum ferax 
 erat. Quod in laudibus B. Vir- 
 ginis cantandis aflidue occupa- 
 
 feated in Tufcany. Origo eil:, rentur — a vulgo tunc lervi 
 faith hC:, in cne cf bis Letters to JB. Mariae vocati j unde ad noii 
 M. Gillotj ex t'lorentia, in ea jfuccefTores nomen. 
 Civitate Mercatores quid am le j 
 
 B 
 
 CHAP. XXVII. 
 
 U T there was another hicident in the Times 
 ^s^^ of which we have been Ipeaking, which con- 
 tributed vallly to the Acquifrcions of the Church, 
 and that was. The holy War. And Men vv^ere 16 
 tranfported with Zeal for Expeditions to the holy 
 Land, and for Contributions towards its Recovery, 
 that lofing all Memory of their Wives, Children or 
 Ellates, they enrolfd themlelves in that Service, 
 ibid all they had, and pafs'd the Seas. The lame 
 Inlenfibiiity reached even the Ibfier Sex, wlio, with- 
 out any Concern for their Children or Families, on 
 this Occallon Ibld their Inheritances to carry on that 
 War. The 
 
iio Of Ecclesiastical 
 
 The Popes, by Virtue of their Briefs, declared 
 themfelves, and tlie other great Prelates, Frotedors 
 of the Families and Affairs of all thole, who had 
 taken upon them the Criilade (a)^ fthe Term ufed 
 for thole who went to that War againft the Infidels) t 
 And the Churches drew to theniielves all the Profit 
 wiiich ufually arifes from being Tutors, Trullees, 
 Procurators or Sollicitors for Widows, Pupils and 
 Minors. Nor did the Civil Power think ht to 
 make any Oppofition, deterr'd by the Cenfures of 
 the Church, which were then fo formidable and 
 fulminated in lb great Abundance. 
 
 Eugenim III. went yet farther, he ordain d that 
 every Man m.ight, in Favour of this ho^y War, 
 alienate even th.Q Fiefs he held^ which, if the 
 Lord could not come to take PolTelTion of, the 
 Church might, even againll the Will of the Lord : 
 
 (a) Eis qui Hierofolyman! 
 proiidfcunturj & ad Chriftia- 
 nam gentem defendendam, c>v 
 tyrrannidem Infidelium debel- 
 landam efRcaciter aux ilium prse^ 
 buerint, fuorum peccatcrum 
 remiffionem concedimus, & do- 
 nios, & familias^ & omnia bona 
 eorum in B. Petri & Rom. Ec- 
 clefiae protedione, ficut a do- 
 mino nollro Papa Urbano llatu- 
 
 ,tum fuit liiicipimus. Quicunq: 
 ergo ea diilrahere vel aiiferre 
 quani diu in via ilia morantur^ 
 prGsi uiTiprerint, excommunica- 
 
 vtionis ultirjne pledrantur. One. 
 Xat::rayitjub Calixtoll. an.ii22 
 dip, 
 
 \the 
 the 
 
 II. See the 2d Canon of 
 Coun::il of Clermont^ and 
 Notes of Mr. de Marca. 
 A- Cbartres^ep. 173, £5" 197. 
 ' ' AjchbiHiop of Xires^ 
 'J. 1 '.. iViUiam dc Ne'po- 
 
 burgy Jib* 3. cap, 25. Kcger 
 Hovedcfh p'^19' Mattb. Paris 
 an, 1245. ^^^'^ of Frifingeriy 
 lib, I. de geflts Fridericz cap, 3 "^w 
 ^5" eprfi, 197. cf hmcccnt IIL 
 Ub, 15. 
 
 Obferve what fheArchbifhop 
 of l)'re faiths that many Gentle- 
 men went to the holy Land 
 only to get difcharg'd from 
 paying their Debts : L o which 
 the following Bull o^GregcrylX. 
 relates, vi^. — Si qui vero pro- 
 iiciicentlum illuc ad proeftandas 
 ufuras juramjnto tenentur. ad- 
 ilri(fli, creditores eorum per 
 Ecclefiarum PrxlatoS;, ut re- 
 mittant eis prxftitum juramen- 
 turn;, & ab ufurarum exadions 
 deiiflant, praecipimus compelli^ 
 See Mattb, Far is m-Henricolll, 
 1251, 
 
 Which, 
 
Benefices and 'Revenues. 1 1 1 
 
 Which, alone, open'd a Way to mighty Acquiii- 
 tions (i). 
 
 It likewise happened, that the Popes would em- 
 ploy the Aims defign'd for the holy War, in fome 
 Enterprizes for enlarging the Temporalities of tlie 
 Church ^ and their Legates, and the Biiliops of 
 iuch Places as were the Rendevouzes for the Troops 
 when they were drawn togetlier, would employ 
 them likewife in fbme Service, for the Encreaie of 
 their Temporalities. 
 
 To this may be added the large Sums which were 
 drawn from devote People, chiefly from th.Q Wo- 
 men, and others incapable of iki^Ym^^ themfelves, 
 in Perfbn *, either to firee them from thQ Obligation 
 of fbme Vow, or to obtain Indulgences and other 
 Ipiritual Graces : All which, no Body imagines, 
 were laid out in the War ^ for befides that, there 
 is no doubt, the Princes got fome Share, a connde- 
 rable Part was ftill referv'd in the Hands of the 
 Prelates, and fo became an Encreafe to the Church. 
 
 Then follow'd the Inftitution of the Religious- 
 Military Orders of the Knights, Templars (a)^ 
 
 Hoipi- 
 
 (i) The Crufades, laith 
 MeXeray^ rendered the Popes 
 very powerful, for the)- or- 
 der'd Princes to enrol theiii- 
 felves in thofe Expeditions ; 
 they retaind the Soveraign 
 Commands of thele Armies b}' 
 their Legates, and they became;, 
 in ibme iort^ Lords in Chief 
 of all thofe who went to the 
 Crufade ; not only becaufe the 
 Popes exafted Obedience from 
 them, but becaufe they took 
 the other under their Protection 
 till their Return; which was 
 
 like Letters of Stdit^:, and fu- 
 fpended all civil and criminal 
 Proceedings. Mezera)' /;; tbs 
 Life f/ Phil. AuguClus. 
 
 (a) Templariorum militum 
 ordoinftitutusanno iiPd. Hie- 
 rofolymis ah Hugone de Pago- 
 nis ^ Gaufrldo de Aldemaro : 
 Horumq-, fuit primitus profei- 
 iio, ut vias & itinera maxime ad 
 ialutem peregrionorum contra 
 Latronum & incurlantium in- 
 fidias pro viribus coniervarent. 
 Cum autem 9 annispoft eorum 
 inditutioriem in habitu fuiffent 
 i.eculari. 
 
Ill Of EcCLESIASTICAt 
 
 Holpltalers, &c. to guard the Temple of "jerufa- 
 lem (b), protect the Pilgrims who relbrted thither^ 
 and to iight againft the Saracens. And tho' Re- 
 ligious Inftitutions tofhed Blood, leem'd fomething 
 new, and not eafily to be reconcil'd, yet they were 
 embraced with Hich a Fervour, that the Orders grew 
 to immenfe Riches in a very fmall time, and confe- 
 quently, all together, were vaft Articles of Encreaie 
 in the whole. 
 
 fecuUri, in concilio Trscenfi 
 data fuit eis regula & habitus 
 affignatus fuit, albus viz. de 
 mandate Honorii Papae, 6^ Hie- 
 rofolymitani Patriarch ae. Pod 
 modum vero i'ub Eugenio Papa 
 cruces de panno rubeo, ut inter 
 caeteras effent notabiliores, af- 
 fuere coeperunt, tarn equites, 
 quarn eorum fratres inferiores, 
 qui dicuntur fervientes. Atq; 
 hi quoniam juxta templum Do- 
 mini in Palatio Regio maniio- 
 nem habebant, fratres militiae 
 tempU feu Templarii appellati 
 funt. Cangzus in Glcjfar, ex 
 WHUelmo Tyrioi lib, 12. cap. 7. 
 (b) Terra ilia promiflionis, 
 lafte & melle iluens, non folum 
 religiofos clericos, fed etiam 
 
 laicos tarn militesquamalterius 
 conditionis, ut in ea reliftis pa- 
 rentibus & propriis patrinioniis 
 regulariter viverent, incitavit 
 attraxit & illexit, quorum qiii- 
 dam hofpitalarii, five fratres 
 hofpitalis S. Joannis, alii fratres 
 militise templi, alii fratres hof- 
 pitalis Sanftge Mariae Teutoni- 
 corum in Hierufalem nuncu- 
 pantur, Jacob, de VitriavOy 
 cap. 64. Hiji. Hierofol. 
 
 But in the Year 1313, the 
 Order of Templars being abo- 
 lilhed, their Goods were given 
 to the Hofpltalers: Which is 
 related at large by the Conti- 
 nuer of the Abbot UrfpergenfiSy 
 pag. 28. 
 
 GHAP. 
 
Benefices and Revenues. 1 1 ^ 
 
 CHAP. XXVIII. 
 
 ANother cdnfiderable means of Encreafe, was 
 a ftriO: Review made concerning the Bufiriels 
 of TytheSj proceeding by Cenllires againft thole 
 who did not pay them, and compelling the Pay- 
 ment, not only of the Predial Tythes, but of mixt 
 Tythes alio ^ that is to lay, befides thole of the 
 Pruits of the Earth and of Cattle, Perlbnal Tythes, 
 which proceed from human Induilry and Labour. 
 
 To this Enforcement of the Payment of Tythes, 
 they added alfo the Firft-fruits : Thefe were hrit 
 inftituted by Alexander II. in Imitation of the Mo- 
 iaick Law^ which enjoin'd them to the 'Jews - but 
 Mofes had not determined the quantum^ but lefc it at 
 large, to the Pleafure of thole who oifer'd them. 
 Since that, the Rabbins ^ as St. 'jero7n informs us, 
 have determin'd, that thele Oblations Ihould not be 
 imder a doth Part, nor above a 40th ^ v.hich is a 
 Rule our Churchmen have followed in the mofl 
 gainful Way, adjudging that to be the 40th Part 
 only, which, in our Days, is cali'd the Fotirth. 
 
 About the Year ii'jo^ Alexander III. order'd Pro^ 
 ceedings by Cenfures, to enforce the intire Payment 
 of Tythes of Mills, Fiiheries, Hay^ Wool (ij^and 
 Bees (i) : And that the Tythes of every Thing 
 iliOuld be paid, before the Charges in gathering the 
 
 (i) Mandamus quatenus Pa- ' Decret, 3, tit, de decmis, 6c e, 
 rsecianosveftrosmonerecuretisa cap, s« 
 
 & fi opus fuerit fub excomuni- j (2) Mandamus quatenus pa- 
 cationis ditlriftione compellere, raecianos tuos de apibus, & de 
 utdepotentibusmolendinarum, omni tiuc^u decimas pertolvcie 
 pifcaniarum, feno ^ lana deci- ecclefiafticadiilrictione cempel- 
 mas Ecclefiis quibus debentur las, iLnL cap. 6, 
 
 cum integritate perfolvant. 
 
 f ^ Fruits 
 
114 Of Ecclesiastical 
 
 Fruits (3^ ihould be dedu£l:ed. And in the 1195, 
 Celeflin III. decreed, under Pain of Excommunica- 
 tions, the Payment of Tythes, not only of Wine, 
 Grains, Fruits, Trees, Cattle, Gardens, Merchan- 
 difes. Soldiers Pay, Hunting ^4^ and Wind-mills (5^ ; 
 All which are expreis'd in the Decretals of the 
 Popes : But the Canon'fts have gone much farther, 
 affirming, that the Poor who beg about the Streets, 
 are obliged to pay the loth of all the Alms they get, 
 and Common- Women likewife a Part of their infa- 
 mous Gain : With fome other laudable Fruits of the 
 fame Nature, but which have never yet obtained to 
 be put in Pradice. 
 
 Tythes virere aflign'd to the Minillers, in Confl- 
 deration of their Services they perform'd, m teach- 
 ing the Word of G O D, and adminiftring the Sa- 
 craments ^ iince nothing elfe was paid them for 
 thele FunOrions : Except where fome devout and 
 rich People would give Ibmetimes out of meer 
 Bounty, for the burial of their Relations, or for 
 
 (3) Cum homines de Hor- 
 tona de frugibus decimam eccle- 
 fiae cujus parochiani funt fine di- 
 minutione folvere teneantur, & 
 antequam id faciant,mercenariis 
 fuis de frugibuSj non decimatis 
 debita totius anni, pro fervitio 
 fuoimpendant, tuncdemumde 
 refiduo decimam perfolventes : 
 Mandamus quatenus eos cogatis 
 ut decimam ftatim fru^tibus 
 collcfftis perfolvant. Ibid, cap.j. 
 
 (4) Revera flcut fanfti Pa- 
 r res in fuis tradiderunt icriptu- 
 ris^ de vino, grano, frudibus ar- 
 borum, pecoribus hortis, nego- 
 tiatione, de ipla etiam militia 
 de venatione decimse iunt^ mi- 
 
 niftris Ecclellge tribuendae, ita 
 ut qui de his eas Iblvere ne- 
 glexerint, ecclefiaftica, diftrifti- 
 one debeant percelli. Volumus 
 ergo & didricfte praecipimus 
 quatenus decimas Ecclfiis cum 
 integritate debita perfoivatis. 
 Ibid. cap. 12. 
 
 C5) Quia iidelis homo de om- 
 nibus quae licite poteil. acqui- 
 rere decimas erogare tenetur: 
 Mandamus quatenus H. mili- 
 tem ad Iblutionem decimarum 
 de his quae de molendino ad 
 ventum proveniunt ilne dimi- 
 nutione aliqua compellatis. Jb. 
 cap, 23, 
 
 Admini-. 
 
Benefices and Revenues^ ii^ 
 
 Adminiilration of the Sacraments -, which Gene- 
 rofity, in time, turning into a Debt, and a Sunt 
 certain^ created a Dilpute j the Laicks refuiing to 
 pay for the Adminiftrations of the Sacraments, be- 
 caufe the Tythes they paid were deiign'd for that 
 Purpofe 5 and theMin-ilers refilling to perform their 
 Functions, if they had not what they pretended vv as 
 their Due. 
 
 About the Year iico, hnocem III. apply'd a Re- 
 medy to this Evil, firfl by forbidding the Priefts to 
 make any Bargain for performing their Min^Hry, or 
 to refule officiating to thole who refused to pay : 
 And then by providing, that after they had i^o of- 
 ficiated, the Laicks fhoiild be compcll'd, by C^n-^ 
 fures, to keep up. the laudable Guftom ffor fo it is 
 term'd) of paying what was cuiio2nary (6) : In 
 which great Difference was made betwixt forcing 
 the People to comply with a Bargain, and a Com- 
 pulilon by Cenfures after : The one being condem- 
 
 (6) Qu^ldam laici laudabilem 
 confuetudinem erga lan^tam Ec- 
 clefiam -introduiflam nituntur 
 infringere. Qua propter pravas 
 exaftiones fieri prohibemus, & 
 ifais <:onruetudines praecipiiiius 
 polervari : Statuentes ut libere 
 conferantur, ecclellalVica I'acra- 
 menta, fed per Epifcopum loci^ 
 veritare cognita compelcantur 
 
 the Council o£ Zateran, to be- 
 lieve lb great an Abuie was au- 
 thoriz'd by them: And that 
 who would read the Chapters 
 preceding this, would find that 
 the Council had condemned this 
 Cuftom : And that in the lame 
 Chapter he did not approve the 
 Ufage of Gifts or Offerings at 
 the Adminittratlon o]: the Sa^ 
 
 qui malitiose nituntur laudabi- jcraments, hut only certain lau- 
 lem confuetudinem immutare. j dablePra(fticeseftabliih'din'Fa- 
 Decret.Ub, 5. tit, ^i; .S'iwc/2/^. jvour of the Churches, asTitheS;, 
 cap. ad Apcflclhaw, \ Firft-fruits, Offerings at the 
 
 This Conftttution having Ahar, ^c. As Bot.oclus anr^ 
 been c^uoted in the Council of? Giks de Rcma have interpreted 
 Trent) John Maria dd Mente,' It, Fra, Paclo, lib. 2, Hifl, 
 firft Legate, faid, it was doing ; Ounc, cfTi^nt, 
 great injury to the I^ope and 
 
 I 2, laed 
 
ii6 Of Ecclesiastical 
 
 ned as Sinionical, the other being juftify'd as law- 
 ful (7). 
 
 (7) If tlierefore thofe who i 
 ferve at the Altar, after thej 
 Offices perform'd, have a Right 
 to exaft a Salary, and can em- 
 ploy fpirltual Arms againft thofe 
 who refute it: By the fame 
 Rule, when the People have 
 paid the Temporalities which 
 they ow'd the Church, they 
 
 may maintain themfelves by 
 Force, in the PoffeflTion of 'the 
 Spiritualities, which it has en- 
 deavour'd to deprive them of; 
 and fay with the Maccabees, 
 Ncs pugnablmus pro antmabus 
 ncflris, ^ kgibus noftrts* 
 I Maccab. 3. 
 
 CHAP. XXIX. 
 
 ANother Novelty, cofitributing 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, fiich as facrilegious Perfons, 
 Curtezans, and thofe who were at Variance with 
 their own Brothers (/), But all thele Difficulties 
 were intirely removM, and all Gifts, from what 
 Hand Ibever they came, were indifferently receiv'd. 
 
 {a) Oblationes didldentium 
 fratrum neq; in facrario ncq- in 
 gazophilacio recipiantur fimi- 
 liter dona eorum qui pauperes 
 opprimunt, a facerdotibus re- 
 futandafunt. Canon 93. Ccncilii 
 Carthag, 4, apudGraiian diji,<^0. 
 Can, 2V 
 
 The Reafon why thefe fort 
 of Offerings were not receiv'd, 
 was, accordidg to SalwafiuSi 
 Quia ex Canone 37. Codicis £c- 
 clelije African* liquet primitias 
 
 in Altari ofFerri folitas & fuam 
 habuilfe propriam benedictio- 
 nem. Non igitur pium aut 
 fancftum vifum efl Patribus an- 
 tiquis, Deo"i'ite conlecrari, & 
 benedid quas a Peccatoribus ot- 
 ferrentur. Hinc Canon. 28. 
 Concilii Illiberitam : Epifco- 
 pum placuit ab eo, qui non 
 communicat, munus accipere 
 non debere. yide M^ndo^um in 
 hujiG Uciim* 
 
 And 
 
Benefices and Rcvcntces, uj 
 
 And it is even evident in Practice, that the greatefl 
 Part of Legacies and Donations beilow'd on this 
 Church, are owing to the Bounty of infamous and 
 Publick- Women (i), or of People who are 'gratify- 
 ing that way their ov/n particular Qiiarreis with 
 their Relations. 
 
 The Popes fet all their Wits on work to facilitate 
 and encourage thefe Acquifitions, as well as to pre- 
 lerve the Power of dilpoling them, as we have 
 ihew'd, which had with fo much Toil and Blood 
 been wrefted out of the Princes Hands, and trans- 
 ferr'd into the Clergy's. To this the whole Eccle- 
 fiaftical Order, induc'd by their own Interefb, not 
 only conlented, but concurred with their utmoft 
 A/Iiftance in their Preachings and Writings, con- 
 tinually inculcating that the intermeddling at all in 
 the Diftribution of Benefices, and particularly in 
 the Election of the Pope, had been the Elfed of 
 Tyranny in Princes, and Ufurpation in tJie People. 
 And in our Days Baronhts^ throughout all his An- 
 nals, upon all Occafions, and with great Earneft- 
 nefs maintains. That for Princes to Interefl them- 
 lelves in the Eleftion of Biiliops, and efpecially of 
 Popes, is an impious and tyrannical "Ulinpation. 
 Not confidering, that the beft Popes have all along 
 been thoie whom the Princes have made ^ and every 
 time that the Ecclefiafticks have had the Ele^ioiis 
 to themielves, without any Lay Mixture, infinite 
 Diforders have cnliied. 
 
 But that which is mofl oblervable is, that the 
 Popes of the holiefl: Lives, and Emperors whofe 
 Memories will be eternal, have recomended this 
 Praclice, and judged it neccffary. KeitJier can it 
 
 (i) A Venetian Priefl: told ! Churchy that they might be 
 me once pleaiantly. That the allow'd to be Chrtllians, 
 W hores left their Eftates to the i 
 
 . I 3 now 
 
ii8 Of Ecclesiastical 
 
 now confeqiiently be cenfur'd, without calling Re- 
 flexions on the Memories of 24 Popes of the beft 
 Livers, and among others of St. Greory^ and without 
 condemning tlie ancient Dodrines of the Councils 
 and the Fathers. 
 
 CHAP, XXX, 
 
 IF the Churchmen had at firft difcern'd the Con- 
 fequence of attempting to take away the Invefti- 
 tures from Princes, they would Icarce 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 firil Ufage 
 came to be renew'd, of beftowing all the Benefices 
 within their proper Dioceifes, by Election of the 
 Chapter and Collation of the Biihop. The Pope 
 like wile kept .to this Rule, without pretending to. 
 any Donations out of the Dioceis of Rome ^ except 
 in Gale only where a Prelate, whom Devotion or Bu^ 
 finels had carry 'd to Romey and happened to die 
 there 0) ^ and that Ibme 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- 
 nailery, on tlieir Lofs, and Confolation on the Per- 
 ibn he had fent to iucceed. This found the eafier 
 Compliance in the Chapter or th.Q Monailry, as it 
 happened but very rarely, and as it pafs'd rather as 
 a Favour from the Pope : Beiides that, there ap- 
 
 (1) Thefe Benefices were I Article 3 «?. of this Treatife, and 
 cali'd Vii^'iintes in Curia, See ' Chap, 2. ^h .p-ckndis in Sextc* 
 
 pear'd 
 
Benefices and Revenues. 119 
 
 pear'd no Room for Exception againll a Man of 
 Merit, and of the fame Country. 
 
 Buc if the Pope had not fill'd np the Vacancy 
 before the Kews of it came to the Place, they wait^ 
 ed no longer, but forthwith proceeded to Eleftion 
 according to Cuftom : And in no other Cafe did th^ 
 Pope difpole of any Benefices out of his Diocefs. 
 
 In the mean time, as the See of Rome had merited 
 fo highly of the whole Clerical Order, in having 
 with fo many Labours, Dangers, and the Effufion 
 of fo much Blood, purchased the lole Difpofitiori 
 of Benefices, to the total Exciufion of Prince and 
 People, both which had, in their Turns, been in 
 Poiieflion of that Right ^ the People firfl, when 
 Benefices firfl began, and the Princes for a long time 
 after •, fo the BiJhops held the Pope's Friendihip in 
 the Efiieem it deferv'd, and fought to make him all 
 the Returns in their Power : And this encourag'd 
 the Popes to deal with the Biihops after the Exam- 
 ple of the Emperors, and to recommend a Clergy- 
 man now and then to be provided with a fuitable 
 Benefice. 
 
 At firfl 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 expefted 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 ftep in be% 
 twixt themf elves and the Collation of the Benefices. 
 And yet the Profits which the Court o^ Rome drew 
 from thefe fort of Recommendations, in the Pre- 
 fents which were made to obtain them, and from 
 the Bulls which were made on thefe Occafions, fo 
 multiply'd thefe Prayers and Recommendations, and 
 brought them on fo thick, that the Biiliops became 
 
 i 4 depriv'd 
 
no Of Egclesiastigajl 
 
 depnv'd almoft of all their Collations (i), which 
 obiig'd them, fometimes, to refule their Com- 
 pliance. 
 
 But the Popes found a Remedy for this too, by 
 adding Commands to their Requefts, which indeed 
 0nforc'd Obedience at hrft, but becoming alfb too 
 treqiient, the Biihops, at laft, loft all Patience, and 
 without having any Regard to Commands, or the 
 Cenfiu'cs contain'd in them, or without oblerving 
 any farther Meafures, beftow'd the Benefices as they 
 thought moft agreable 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 wiiich this Corruption had found, 
 would eafily have been ftopp'd, if this Court had 
 not thought of a firther Expedient ftill, which 
 was, to accompany thefe Prayers and thele. Com- 
 mands with fome Perfon who was lent to lee thera 
 put in Execution, and to confer the Benefice, if the 
 Bilhop did not, as well as to puniih him for his 
 Dilbbedience. Yet the Popes came but fiowly to 
 thefe Extremities, and when the Contumacy of the 
 Bii}-iop made it neceifary. But in the End, to flior- 
 tcn the Proceeding, they expedited the Prayer, the 
 Command, and the Execution of "them, all r^t 
 once. 
 
 (2) They deferv'd it well for 
 having abandoned the Intereil 
 of their Princes^ and efpous'd a 
 forreign I'cwer : The Popes 
 b:>d humbled the Emperors be- 
 im-?i in taking from them the 
 
 Right of Inveftitures, and it 
 was but reafonable that the B^- 
 Ihops, who had Join'd with the 
 Popes in it, Ihould have their 
 Turp in being mortif/^d, - 
 
 This 
 
Benefices and Revenues iii 
 
 This gave the Church and the Bilhops an iin- 
 ipeakeable Vexation (3) ^ and the Princes and Na- 
 tions where thefe things were aded, complain'd 
 loudly, not only that their Rights were taken away, 
 but that the Benefices, which by long Prefcription 
 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 had 
 often this Confequence, that Bifiiops and Parifh- 
 Priefts 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 ; 
 many Italians^ for inilance, 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 complain'd (faith 
 Me^eray in the Life of Phil. Au- 
 ^liftus) that the Popes depriv'd 
 them of a great part of their 
 Authority, which belong'd to 
 them as SuccelTors to the Apo- 
 iftles, by taking to their own 
 Tribunal the Knowledge of all 
 Caufes, leaving almoft nothing 
 to the iirft: Cognizance of the 
 Bifhops ; by granting Dilpen- 
 fations of the holy Canons, as 
 if all ■ Ecclefiaftical Dilcipline 
 depended meerly on their abi'o- 
 lute Pleafure : By granting Ex- 
 emptions to Inferiors, thereby 
 to draw them from the Obedi- 
 ence to their Superiors ; and by 
 their engroiling to themfelves 
 the greateft part of the Bene- 
 fices. 
 
 {a) Beneficlorum Ecclefiadi- 
 corum peculia manus ocupant 
 indignorum, & nonnun<iuam 
 
 exterorum & plerumq; dignita- 
 tes & beneficia notabiliora per- 
 fonis conferuntur incognitis & 
 non probatis, quae in iildem be- 
 neficiis non relident ficq^ vultus 
 fibicommiffi gregis non agnoi- 
 cuntj linguam aliquando non 
 intelligunt : Quinnimo anima- 
 rum cura neglecla velut mer- 
 cenarii fo lumodb temporalia lu- 
 cra quserunt. VrcefKu Vragma' 
 
 Panormus, tho an Italian, 
 cowplains thus cj the Abufi, 
 ElTet, faith he^ valde honeftum 
 & fruftuoiiim, ut quiiq-, in pa- 
 tria fua beneficiaretur, ut iic 
 unus non occuparetu beneiicia 
 vel ftipendia alterius, nee dare- 
 tur materia depauperandi bene- 
 ficia , ic quia inducuntur faci- 
 lius ad relidentiam tales indl- 
 genge quam Extranei. Chapt. ad 
 Dsccremi ds Inftitutioti, 
 
 any 
 
12'2 Of ECCLESIASTICAX 
 
 any one to poiTefs a Benefice, and efpecially a Pa- 
 rifix-Priefl:, w^o underftood not the Language of the 
 Country : But then referving to themfelves that 
 Invakiable Power of Diipenfation, their Prohibiti- 
 ons had no other EfFeft, than inilead of curing thefe 
 Dilbrders, to raife the Prices of committing them, 
 to. the manifefi: Profit of the Court of Rome ^ which 
 was always ready to grant Expeclatives or Rever- 
 fions to Eorreigners and Strangers, and after that a 
 Brief of Diipenfation. 
 
 But whatever Scandal this Exorbitancy of Power 
 ill 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 Ibme Canonical Impediments, which 
 made them incapable. No Bifhop durll prefer Men 
 under thefe Ibrt of Marks, with-held by a jufl P.e- 
 Ipe^t for the Canons : But what was too fcandalous 
 for Bifhops, the Pope took upon him without any 
 Scruple, by Virtue of that difpenfing Power, which 
 could admit of no Stain, which he apply'd to the 
 diifolving all the Canons and Ecclefiaftical Confti- 
 tutions by a certain Formula, De Tlenitudine Pote- 
 fiatisy and the Claufe Non ohfiantibus ^ Phrales un- 
 known and unheard of in fo many foregoing Ages, 
 but which are now the Stile of every beneficiary 
 Bull. Kay, on the Contrary, Popes in the beft 
 Times, and in tliQ ftri^ler Ages of Piety, valu'd 
 themfelves on a flrider Obfervatton of the Canons, 
 which related to thQ Diflribution of Benefices in the 
 Diocels o^ Rome^ than any other Biihop's. And we 
 find St. Leo and his SuccefTors placed one of their 
 chiefeft Glories in the punftual Execution of the Ca- 
 nons, firft as to their own Parts, and then in exa£l:ing 
 it from others. Kor let it be anlvver'd, that thefe had 
 lefs Authority ; fiire we are, they had a larger Share 
 of Vertue 'd.n6. Wifdom, which made them Cowards 
 
 ia 
 
^Benefices ^nd Revenues: la^ 
 
 in every A^ion that was not allowable to others : 
 Whereas, lince thole Days, every thing leems pri- 
 vileg'd at Romey which no Body dar'd to do any 
 where elie. 
 
 St. Bernardj who liv'd about the Time when thefe 
 Kovelties were introduc'd, tho' they had not then 
 prevail'd fo far as they have done iince, reproves 
 them iharply : Writing to Eugene III. he laments 
 that Rome was the common Rendevoiize for the 
 Ambitious Man, the Covetous, the Sacrilegious, 
 the Adulterer, and the Inceftuous, who all relbrted 
 thither in Purfiiit of Benefices (b)^ and where they 
 met with a Reception, they could have no where 
 elle ; no place, but Rome alone, putting a Sandion 
 upon Things illicite and illegal, and which had al- 
 ways been fo reputed, giving them a Paflport 
 through the World. 
 
 The Popes themfelves could not deny the Grie- 
 vance, which the granting ExpeOratives was to the 
 Churches : Gregory IX. Gzp. Adandatum de Refcrift, 
 openly avows it, and on this Occafion therefore, 
 he qualify'd thcfe Expe£tatives, by inferting this 
 Claufe, viz,. If we have not already writ for another (c) 
 
 {b) Nee mihi opponas nunc 
 Apoftoll vocem qua ait, cum 
 eileni liber, ex omnibus omnium 
 fervum me feci : Longe eft iftud 
 a te, nunquid hac ille fervitute 
 hominibus inierviebat in acqui- 
 litione turpis queftus? Nun- 
 quid ad eum de toto orbe con- 
 iluebant ambitiofi, avari, fniio- 
 niaci, lacrilegi, concublnarii, 
 inceftuofi, & quaeq; iftiufmodi 
 jnonftra hominum, ut iplius 
 i^poftolica authoritate vel ob-' 
 tinerent honores Eccleflafticos 
 vel retinerent ? Ergo fervum te 
 fecit bomo, cui viyere Chriftus 
 
 erat 6: mori lucrum, ut plures 
 lucri faceret Chrifto, non ut 
 lucra augeret avaritiae. Cap, 4. 
 lib. I. Ccnfider, a Eugenlum, 
 
 (c) Mandatum Apoftolicum 
 ad te direftum ut magiftrum S. 
 f^iceres in Canonicum recipi, ^ 
 in rratrem Novieni". Ecclelise; 
 fi pro alio ibidem non icripli-^ 
 mus, qui hujufmodi gratiam 
 proiequatur, alio jam beniffici- 
 um per noftras literas obtinente, 
 proieaiu non teneris, nam/^per 
 recep^^rsne duorum, gn /andx 
 Ecdeiiam non fuicinteniiio man- 
 d>tp,ns. JD€crst, lib* i. tit, 3. 
 which 
 
124. Of Ecclesiastical 
 
 which was a way of fixing a Cuftome as a Right, 
 that every Pope might grant one Expedative in 
 every Church, and no more. 
 
 And fince that, they have brought it into a Cu- 
 fiom alio, at their Entrance into the Popedom, to 
 revoke tlie ExpeOratives granted by their PredeceP 
 lors, either to make Room for their own, or to 
 oblige thofe who had them before, to purchale them 
 over again. And ibmetimes alio they revok'd thole 
 which themfelves had granted, to oblige the Gran- 
 tees to the Expence of new Bulls to confirm their 
 Jitle. 
 
 As for eledive Benefices, fiich as Biihopricks and 
 Abbies, there they granted no Expeftatives in thofe 
 Cafes, there being no Examples or Precedents of 
 Princes having ever granted any. But the Court of 
 Rome found out other Expedients to draw to them- 
 felves the Collations of thefe Prelatures, in prefcrib- 
 ing many Conditions which were to be obferv'd be- 
 fore Eleftion, and others during the EIe<^ion itfelf ; 
 befides divers Qiialifications required in the Perfbn 
 'elet1:ed himfelf ^ : And if th^ Electors fail'd in any 
 of thefe Conditions, they were for that Time de- 
 priv'd of the Right of Eleftion, and fo it lapfed to 
 th^ See of Rome. 
 
 And then as Difficulties would often arife concer? 
 ning the Validity of Elections, from the Variety of 
 Interefts in the Eledors, or from other Caufes, 
 one of the Parties would appeal to Rome^ and fb 
 Occafion would very often be taken to judge them 
 both in the wrong : The Eleftion being thus vaca- 
 ted, was another Means of making the Collation 
 
 * Vide Gzp. 25. ex de elei^i- j 
 one ^ elcAi Poteflate, 
 
 of 
 
Benefices and Kevenucs. 115 
 
 of the Biihoprick or Abby, lapfe alfo to this 
 Court (d). 
 
 Laftly, when the Pope underflood there was a 
 good Biihoprick or Abby vacant, he immediately 
 diipatch'd an Injunftion not to proceed to Eleftion 
 without his Knowledge ^ and fo under the fpecious 
 Care of preventing or remedying any Dilbrders that 
 might happen, he lent Ibme Man of Addrefs to af- 
 iiil and prelide at the Eleftion, who, by divers Arts 
 and Cabals, procured it to fall upon him, whom the 
 Court of Rome thought moll in their Interefts. 
 
 i^d) Yix enim remanfit ali- 
 quis Epifcopatus, five dignitas 
 JEccJeflaftica, vel etiam Taro- 
 chialis Ecclefia quae non £eret 
 litigiofa & Romam deduceretur 
 ipfa caufa. Sed non manu& vacua 
 laetare (uperiniquitatem filiorum 
 hominum, quoniam in recom- 
 penfationem tantorum malorum 
 datur, tibi pretium. Abbas 
 Urfpergenfis in Pbilippo, 
 
 The new Law or Do<arine 
 (faith Mexiray, in the Life of 
 JPhiltp Augujtus) having perver- 
 ted all the ancient Canonsj and 
 
 reduced all Eleftions to the 
 Tricks and Subtleties of the 
 Law, as there often happen'd 
 Contefts, what with Intrigues 
 among the Eleftors, and Diftl- 
 culties darted upon the Judge- 
 ment of the Metropolitan, one 
 of the two Parties never fail'd 
 to appeal to Ronje ; which was^ 
 an inextricable Labyrinth of 
 Proceedings: And for want of 
 fcane Form in the Eledion, the 
 Pope declar'd it null, and re- 
 ferv'd to himfelf the Right of 
 providing for the Biihoprick. 
 
 CHAP. 
 
126 of EcCLESIASTICAlJ 
 
 CHAP. XXXL 
 
 THUS by the foregoing Accounts it appears^ 
 that few Eledions to Biihopricks or Abbies 
 were made, which fell not under Gonfideration at 
 Eomcy ib that the Pope came to intermeddle, almoft 
 in all Eledions, after they were over, under the 
 Mask of an honell Concern for the Publick Intereft, 
 and in that the Eledors oftentimes fail'd in fome 
 Points of their Duty ^ it leem'd a favourable Opor- 
 tunity to afford his Afliflance in Elections, even 
 before-hand ; commanding, when he law Caufe, 
 either that the Electors fhould not go to Election 
 till they had his Leave, or not to eleft without the 
 Concurrence of iome Perlbns lent by him, to attend 
 it j lb that by diverfe Contrivances they ftill aiTum'd 
 Ibme Share in the Eleftions. 
 
 And yet thele Methods which were differently 
 put in Practice, 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 of Theodopus and 
 "Juftinian *, the former having form'd the Conllitution 
 of the Empire, by eoUefting his own Ordinances, 
 and thole of his Predeceffors into one Volum, which 
 was afterwards calPd the Theodofmn Code ^ the latter 
 having accommodated likewile the ancient Laws to 
 the Ulage of his Times, and reduced into one Body 
 the Decrees of his PredecelTors, under the Name of 
 the "Jufiinian Code ^ after their manner form'd a 
 Policy or Conllitution of his own, colleding into 
 one Body all the Decilions, and all the Caufes which 
 ferv'd to advance the Papal Power ^ and extending 
 that to general Ufage, which had been lettled in one 
 particular Place, and perhaps in one Cale only, and 
 abolilhing and deltroying all the reft, which made 
 againft it. This 
 
Benefices and Revemtes. lay 
 
 This Book was call'd. The Decretals of Gre- 
 gory IX. W, who thereby laid the cleepeft Founda- 
 tion of the Papal Monarchy, eipecially in what 
 concerns Benefices : But it mult be allow'd, that this 
 Book is much more edifying in the skilful managing 
 of a Law-luit, than in the Salvation of Souls. 
 
 Gmtim, as well as the other old Colledors of the 
 Canons, made a Colledion of all he tiiought might 
 moll contribute to the aggrandizing the Papal Au- 
 thority, even to the changing, vitiating, and even 
 falfifying the Places from whence he drew the De- 
 cifions (i) : By which Means he thought he had 
 done his utmofl to wind up this Power to the 
 higheft Pitch it could poifibly bear : And according 
 to'the State of thole Times, he was not miilaken ^ 
 but a Change of Circumftances in Aifairs, made 
 this Compilation no longer lealbnable : And io to 
 this Decree or Decretum (i) of Cratian^ which was 
 
 {a) It was compird by his 
 Tenitentiary Ray mend de Pena- 
 fcrt, a Dominican^ whence it 
 came to be call'd alio. The Com- 
 pilation of Ka.ymond : It is alio 
 caird Extra, becau(e it is fepa- 
 rated from the Decree compil'd 
 by Gratian ; and alio, the Pen- 
 tateugh, becaufe it contains iive 
 Books> diftinguifh'd in this 
 Diflickj Jndexy '^udiclum^ Ck' 
 rusi Sponfalia, Crimen, 
 
 Hac tibi defignanty quid, qu(Sq\ 
 volumina [ignant* 
 
 It began to be in ufe in the 
 Y«ar 123 1. Gregcr^ IX. was 
 Nephew to Imiocent IK. and 
 both of the nobie Houie of 
 Cffntf, at this Day one o^ the 
 
 four, who have the Title of 
 Roman BarOns. 
 
 (i) A J>-ewr/6 Lawyer faith, 
 that the Decretum and the De- 
 cretals ^ funt Omtyilatums ac 
 Fanagines turn b(nar.um turn 
 pravarum rerum hiccndite ^ irri' 
 perite ceercervatDe. • Gentillet. ex 
 Concil. Trid. lib. 5. 
 
 (2) \\'hich was approved and 
 publiili'd by Pcpe Eugene iil. 
 in ii-ji, and according to fome 
 Authorities only under the 
 Pontificate of Akxand:r lii. 
 Gratianum CcmpilataemJDecreti 
 Akxandrilll. Identifiers timpc 
 ribus quidam afcribunt, laith 
 PJatma n the Life o\ Inncc. ilL 
 to whom others attribute the 
 i ublication or the Decree ; as 
 PUt'ma alio cbfervei in the lame 
 Place.' 
 
 caira 
 
ii8 Of Ecclesiastical 
 
 cail'd after him, liicceeded the Decretals ; but nei- 
 ther of which in Procefs of Time grew to figftify 
 much : The Popes, as they grew in Authority, 
 eftablifhing ilili new Orders and Regulations ^ fo 
 that neither the Decretumy the Decretal, nor the 
 Sextus (3), were any longer of ule as to Benefices, 
 but other Rules and Methods came in Requefl, as 
 will appear hereafter* 
 
 (3) It is a Book ib caird, be- j publifh'd by Boniface III. in 
 caule it is a Supplement to the 1298. from whence it is calfd, 
 iive Books of Decretals, It was 1 Ccdex Bomj'acianuu 
 
 CHAP. XXXIl. 
 
 TH E large Opportunities which the Court of 
 Rome had in their Hands of obliging, by the 
 Diipolal of lb many Benefices, drew neceitarily thi- 
 ther a Concourfe of the Clergy of all Ibrts. Thofe 
 who had no Benefices, in order to obtain them ; 
 and thofe who had already, to get them chang'd 
 for better : Which was another Realon 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 fb loud and ge- 
 neral a Complaint which every Diocefs made. That 
 the Churches were abandoned, and left without 
 Government ^ and of which they laid the Blame in 
 the right Place, a Relbluticn was taken to apply 
 fome Remedy. 
 
 But the Popes of that Age thought it not ad- 
 vileable to proceed by Puniihment, as had been 
 heretofore pradis'd ^ whether it were that the Guilt 
 was grown too general, or that the Court of Rome 
 
 muft 
 
Benefices and Revenues, li^ 
 
 muft have been deierted by fo Icvere a Remedy, as 
 that of fending fo much Company out of Eome : 
 To which another Conlequence might be added, 
 that People would generally have cholen rather to 
 have made their Court to their .own Biitiop for 
 Benefices, than to lay out their Money at RomCy 
 in Expedtatives or Reverfions. An Expedient was 
 therefore found, to make a Law to enjoin Refidence 
 to fiich certain Beneficiaries [who were under fo 
 imlucky a Planet] as to have little Intereft at Court : 
 And fo thefe Hood dondemn'd to ftay at home, 
 without making any mention of the reft (i), .who 
 therefore fell not within this Rule. Thus in the 
 Year 1179, Alexander lU. ordered Refidence to all 
 Beneficiaries that had Cures of Souls "^ ^ to whoin 
 afterwards were added and taken into the Number, 
 all who had Dignity, Adminiftration, or Candnr^, 
 
 As for other inferior Beneficiaries, it was nevet 
 ^fiiirm'd that they were not oblig'd to Refidence, 
 but neither was it commanded them, and lb by De-i 
 grees they began to think it not incumbent on them. 
 Hence grew the Difi:in£lion betwixt Benefices that 
 oblige to Refidence, and others call'd fimple Bene- 
 fices, which oblige to none. Afterwards the Do£i:-* 
 ors declar'd, that in Stri^Vnels, and of Right, alt 
 Benefices oblige to Refidence ; as indeed they can- 
 Hot lay otherways, v/ithout giving the Lye to all 
 Antiquity ^ but that lon^ Cuftom only hath excep- 
 ted fimple Benefices, 
 
 According to the Signification of that comrhoil 
 Maxim, Be?2eficium d at ur propter Ojjiciumy fimple Be-^ 
 
 (i) Silence in this Cafe, faith 
 Fra, Pdoio, they heliev'd exemp- 
 ted them from Refidence; and 
 the Popes were \villifig it fliould 
 be 1*0 underftoodj in the Hopes 
 that the vohmtary Ignorance of 
 
 thefe Eeneficiarie? fliouId turn 
 to their temporal Greatnefs, 
 lih, 2. Hijh. (j'Ccuhc. cf Trent* 
 * Vide cap. 4, ^ 6. Extra 
 de Clericis' non refidectil/as. 
 
 [^ nofice*. 
 
I^O Of ECCLESI ASTICA L 
 
 nefices niufl feem an ulelefs Station in the Church ^ 
 fince thofe who were abfolv'd from Refidence, fcem 
 to have no Bufinefs left. But here they have been 
 forc'd to take in Aid, a nieer Equivocation : For the 
 Hora, CanonicaleSy which before were celebrated in 
 the Church by all the Congregation, and which 
 fbme Perfons afterwards took the Liberty to per- 
 form privately, began about the Year 8-0 to be 
 ca^rd Officium Bhinum (a). And this Office or Ser- 
 vice being by all Believers performed either in Pub- 
 lick or private, they faved the Appearances of this 
 Proportion, Beneficinm datur propter Officium ^ as if 
 repeating Divine-Service were all that were under- 
 ftood by it ^ when in Truth, lerving the Faithful, 
 in refiding at the Churches, and exercifmg the Mi- 
 niftry in all Chriftian Offices, as was done of old, 
 is in Truth that Officium y for which the Benefictum 
 is intended (2). 
 
 The 
 
 {a) Presbyter mane matuti-j 
 nali officio expleto, penlum 
 fervitutis fuse canendo, primam, 
 tertiam, fextam^ nonamq; per- 
 folvat, ita tanien ut poftea ho- 
 ris competentibus juxta pofllbi- 
 litatem, aut a le, aut a icolari- 
 bus, publice compleantur. 
 
 Thele are the Words o? Regi- 
 non. Author of the icth Age, 
 chap. 208. lib, I . of his Col- 
 leftion. As for the Office of 
 the holy Virgin, Gaufridus 
 Vefienfis faith, they were not 
 ordered till the Year 1095. 
 
 Anno J)om, 1095, Urbanus 
 Papa in Gallias veniens, Gre- 
 goriiPapac decreta renovat, & 
 
 confirmat Claromonte in 
 
 Arvernia Concilum celebrate 
 
 menfe Novembri hoc anno fe* 
 quenti, in quo ftatutum eft, ut 
 horae b-atae Marise quotidie di- 
 cantur, officiumq; ejus diebus 
 Sabbati fiat. In Chrcnicoy cap, 27. 
 (2) In the primitive Times, 
 faith Fra, Faddy the Ecclefia- 
 ftical Degrees were not Digni- 
 ties nor Honours, as they have 
 been for fome Ages, but Char- 
 ges and Miniftries, which St. 
 Faul calls Labours and Funfti- 
 ons, and Jefus calls Labourers, 
 fOpus fac Evangel ift3£, mini- 
 fterium tuum imple, 2 Tim, 4. 
 Siquis Epifcopatum defiderat, 
 bonum opus deiiderat, 1 T/w. 3. 
 Meilis quidem multa^ operarii 
 quidem multi, Matth, 9. £5" 
 Luh 10.] So .that in thole 
 Days 
 
Benefices and 'Revenues, j^i 
 
 The Confciences of many Beneficiaries being thus 
 fecured from any Scruple, in abienting from their 
 Churches, it was alio thought necelfary to find an 
 Expedient, even for Ibme of thole Beneficiaries 
 who were oblig'd to Refidence, to flay at Rome^ 
 when their was Occalion, without breaking the 
 Laws. 
 
 Days none could have the 
 Thought of abienting; and if 
 any one did, he could neither 
 keep the Title nor the Profits. 
 Eefides, none took an Em- 
 ployment which hinder'd the 
 Funftions of his Minifl:!'}' — 
 And h is only llnce the Year 
 700, that they began to appro- 
 priate the Title and Profits o\ 
 a Cure, upon occafion of the 
 Changes which happen'd in the 
 Weftern Churches, where Ec- 
 clefiaftical Minifteries degene- 
 rated into Dignities, Plonours, 
 and even into Rewards for Ser- 
 vices. And whereas before, 
 they called none to theMiniftry, 
 but iiich as were proper to of- 
 ficiate, it became afterwards a 
 Cuflom to give the Dignities 
 of the Church according to the 
 equality of the Perlbn : Whence 
 came the Abufe of doing the 
 Duty by a Deputy: and that 
 produced another Abufe, which 
 v/as to think one's ielf difpenfed 
 with, not only from officiating 
 in Perfon, but even from being 
 prefent, and to rely on his Sub- 
 iHtute, And the Diftemper 
 had grown lb great, as to have 
 endanger'd the very Clerical 
 Order being deflroy'd, if the 
 
 Popes had not commanded the 
 Bilhops and Curates, tho* they 
 afted by Deputies, to refide 
 upon the Place, which is call'd 
 Refidence; to which the Ca- 
 nons were alfo oblig'd, with- 
 out fpeaking of any other Be- 
 neficiaries : From thence came 
 the deteflable Diflinftion of Be- 
 nefices of Refidence and Non- 
 refidence \ which is authoriz'd 
 both by the Doftrine maintain'd 
 and the Pradice. And yet 
 there cannot be a more manifeft 
 Abfurdity, than to have a Ti- 
 tle and a Salary, without be- 
 ing oblig'd to do any thing for 
 it. 
 
 But to palliate this, the Ca- 
 nonifts have laid. That the 
 axiom Bznepcium datur prcpter 
 OJficzum, which condemns Non- 
 refidence, fignifies only. That 
 the Benefice is given for fa) ing 
 Divine Service only; fo that 
 when the Church yields a Re- 
 venue of ten thouiand Crowns 
 and more, 'tis only that the Be- 
 neficiary may lay the Breviary^ 
 very low, without thinking ot 
 any thing, more than running 
 over the Words. Hifl* Counc of 
 Trent. Vtbi2, . 
 
 K a 
 
 Fof 
 
i^a Of Ecclesiastical 
 
 For this End Honor iu$ III. about the Year liio. 
 declar'd, that whoever was in the Pope's Service, 
 fliould not be oblig'd to relide (3) : So then there 
 w^anted but one Expedient more, by which all thofe 
 who had rich Benefices, with a Cure of Souls, 
 might be fet at Liberty, and exempted from Refi* 
 dence. Neither did this Expedient fail likewife, 
 for it being an ordinary Practice 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 Authority the Curate might creat a perpe- 
 tual Vicar (i), lettling a realonable Allowance upon 
 him •, and oblige him to Refidence, tho' the Curate 
 remained uncorifin'd, and retained the ht^ part of 
 the hicome to himlelf : So that, by this Means, in 
 Effect, his Share became a limple Benefice \ and the 
 Vicar's Share became a Proviiion for the Curate. 
 
 And as giving a Benefice for any other Confide-* 
 ration tlian for th^ Sake of the Office, (by which 
 was underftood officiating in Perfbn) was unknown 
 to the ancient Church, lb two Offices were never 
 aflign'd to one Man \ both becaule of the Impofli- 
 bility of performing them in two Places, and that 
 
 (5) Mandamus quatenus non 
 ohftante conftitutione quae con- 
 tra abientes Canonlcos inter vos 
 i'b^ /peaks of the Chapter oJ"M.et7.) 
 dicitur emanafTe, fru(5las prae- 
 hendae fuas aflignelis Mag. Ot- 
 toni, in noftro lervitio contino- 
 ranti ; cum familiares noftri qui 
 circa nos (e obfequialesexhibent 
 nniverfl, minori non debeant 
 praerogativa gaudere, quam ve- 
 ftruni finguli, quorum negotla ^^ 
 par I'e iplos faepius promoven- fm^ham^ pag* 275«. 
 tur. 
 
 (i) It appears by feveral 
 Paflages in the Hiftory of 7lf<:^^ 
 Parii, that Vicarages became" 
 in ufe throughout ^;?^/^»^ Tome- 
 time before the Council of Xtf- 
 terariy under Alexander III. 
 And for that Reafon, the £rft 
 three Chapter Extra de Officio 
 Vicarli, are addrefs'd to the 
 Bifliops of £«^/aw^. 5ee Mr. 
 Pitbcn-, ad cap, I. extra AeOj- 
 jfcio Vicariiy and Tbcw'as Wal-* 
 
Benefices and Revenues. 135 
 
 the performing one well, was always reputed by 
 thele HoJy-mcn a Task lufficient : Befides that there 
 are - many Canons wliich refer to ancient Statutes, 
 by which a Clerk cannot be ordain'd to two Titles, 
 rior Icrve in two Ciiurches (^). 
 
 {d) Et in illo titulo p-"rieve- 
 jrent, ad quam conrecrati funt, 
 ita ut nullum de alterius titulo 
 presbyterum aut diaconum fuf- 
 qipere prsefumat Cone. Calchu- 
 tenfe, an, 787. cap. 6, One, 
 Renenfe, an. 813. cap. 20. Cone, 
 Metenfe, an, 888. Can, 3. Ca- 
 non, 2, § I. diflM.jo. ex con- 
 cHio Urban'i II. hablto Tlaeentlcey 
 an, 1095. ^ Can, i. Cauf, 21, 
 ^. I. ex "] ma Synod, cap, 15. 
 an,'j%'}. Even among the Hea- 
 tbensy the Pr'tefts roere obligd 
 
 to Refidence, Quofdam exilia, 
 faith Seneca, quofdam Ibcerdo- 
 tio uno loco tenent de tranquili- 
 tate vitae. Yifus eil iibi quis, 
 faith another Pagan, ad firma- 
 mentuni templi Neptuni catena 
 alligatus eile ; fadus eft facer- 
 dos Neptuni ; oportebat enim 
 ipium infeparabilem efle facer- 
 dotem. Arte mi dor, lib, 5. de 
 fomniorum event i bus, Somnio i. 
 Vide Ulpiartum in leg, 2. ff. de 
 in jus vccahdo, ^ leg. pen, ff. de 
 vaeat, ^ exeufat. muner. 
 
 CHAP. XXXllI. 
 
 IN the Times when the Diftin£lion began be- 
 twixt Benefices which obiig'd to Refidence, and 
 the other call'd iimple Benefices, which oblig'd to 
 none, another Doctrine was fet on Foot, That of 
 llich Benefices as did not oblige to officiate in Per- 
 foq, it was lawful to iiold more tlian one^: Whence 
 arofe the Dillinftion of Benefices, compatible and 
 incompatible. Thole which oblige to Relidence, 
 are certainly incompatable with one another, feeing 
 a Man cannot divide Iiimfelf into two Places 1 \;>ut 
 
 * V 
 extra de 
 
 ide caput dudum «)4. 1 & Garciam dc Benef. parte un- 
 ? eledione 6: ibi c(\ok. ' decima, cap. < § 2, ^ 3. 
 
 ., cap.'y ^2,03. 
 K 3 iimple 
 
134- Of Ecclesiastical 
 
 jfimple Benefices, feeing they require not perfbnal 
 Service, are compatable and confiftent with one 
 another, and with other Benefices too. 
 
 At firft they proceeded on tnis Head with mnch 
 Caution, contenting themfelves v^ith faying, that in 
 cafe a Benefice were not fufficient to maintain the 
 Incumbent, he might have another which was com- 
 patible ^ but they never had the Hardinefs to carry 
 it fo far as to a third, or even to two Benefices, if 
 the fifft w^ere fufficient. 
 
 The Biihop's Authority never went farther than 
 this, but as tor the Pope, it was allowed he might 
 conier more than two Benefices on the fiime Perfon, 
 when the tv/o w-ere not fufiicient to maintain him(i). 
 But then this Sufficiency or Competency, was car- 
 ved out by the Canonifts with io liberal a Hand ^, 
 
 "lerk could not 
 Sy nor confe- 
 
 (0 The Author gives this 
 Account of the Original of 
 Plura'Ity of Benefices, hi Jib, 2. 
 Ccwjc. of Trent. Seeing, faith 
 he, the ancient Canons were 
 ftill in Force, af 
 have two Title 
 cjuently two Eenefic-s. But 
 the Revenues happening to be 
 diminiHi'd, either by Calamities 
 of \^'^r or Inundations, they 
 gave the Benefice to fome CJerk 
 who had on ^ already, provided 
 he could oiRciate them both. 
 Which wMs pratftis'd after, not 
 in Favour of the Incumbent, 
 but of the Church, where its 
 own Revenue would not main- 
 tain a particular I^iiniHrto its 
 ielf, that it might not want 
 Divine-Service. Eut under co- 
 lour that one Benefice afforded 
 not a fufficient Subfiftence, and 
 pone 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 lb, 
 by little and little, thc)^ took 
 off the Mask, by doing that in 
 :- a vour of the Incumbent, which 
 at firll was done in Confiderati- 
 on of the Church only. And 
 feeing the World w'as fcanda- 
 liz'd at this Novelty, the befl 
 Colour was given -to it, that 
 could be, by adding to the di« 
 ftindion already made of Bene- 
 fices of Refidence and Non-re- 
 lidence, another of Benefices 
 compatible and incompatible. 
 By incompatible with one ano- 
 ther, they underftood Benefices 
 of Relidence, and by Compa- 
 tible, thofe of Non-refidence ; 
 which may be held with one 
 another, and wdth othtr-Eene- 
 ficcs too. 
 
 * GloiraadCan..Clericus,i. 
 Cauf. 21. cj. I. 
 
 that 
 
■ Benefices and Revenues. 1^5 
 
 that the Keceflities of Life were very large -^ which, 
 lay they, as to fimple Priefts, include whatever is 
 neceifary, not only for the Maintenance of their 
 own Perlons, but aI(o of their Families, their Re- 
 lations, three Servants and a Horfe ^ as alfo for 
 Hoipitality and entertaining Strangers (2). Then if 
 the Beneficiary be a Gentleman, or a Man of Lear- 
 ning (a)y they allow him over and above this, all 
 that is proper for his Qiiality. And what they fay 
 of a Biihop's Allowance is amazing (3J : As for 
 Cardinals, nothing can be lurprizing that is faid 
 of them, when one coniiders the Stile of the Court 
 of Rome J Reglhus £quifarantur (j^. 
 
 (2) If this were ib, there 
 would be at this Day more 
 Prielb than Laicks \ and Prin- 
 ces would be no more than the 
 Portmanteau's ofthe Popes. But 
 all the Canonifts are not of this 
 Mind. Vide Gome^ de Exped, 
 2V«w. T07. Batfi'm. Paris de 
 r€fign. benef, lib, 5. q.6. Num, 
 131. A{or,p.^. Jib. 6, cap. 10. 
 ^.85 CJ9. Menjcb. de Arbitrar, 
 lib. 2. cafu2\6, Navar, Mi feel- 
 Ian, 62, de Orat. CS" Gloff ad 
 cap, 5. extra de peculio Ckricc- 
 rum, 
 
 (a) Vide caput de multa 28. 
 in line, extra de Prsebendis. 
 
 (3) It is more furprizing, to 
 fee the fmall Regard the Court 
 of Rome hath for the Italian Ei- 
 Ihops ofthe Ecelefiaftical State, 
 who not onl)- keep (landing be- 
 fore Cardinals, but think it no 
 Difhonour to lerve them at the 
 Table : \^ ith which the Bilhop 
 of five Churches reproacheth 
 the Bifhop ot Rleti in full Con- 
 
 gregation, f ir^. Paolo, lib, 6. 
 Htji. Cone, of Trent.] Befides 
 that, their Billiopricks are To 
 loaded with Penfions, that they 
 would think themfelves very 
 happ)-, if the Popes would af- 
 fign them a 1 ufticient Livelihood 
 and make that the Rule, as the 
 Canonifts do to fimple Prielb. 
 
 * Vide Nicol. de Clemangls 
 de corrupto Ecclefix ftatu, cap, 
 1 1. & Pet. de Aliaco de reform, 
 capitis, feu ftatus Papalis, ^c 
 Tux Rom. Curiae & Cardina- 
 lium. 
 
 (4) Whence they conclude, 
 faith he, ibid. That no Revenue 
 is too great for them, that is 
 not iuperabounding for Kings 
 themfelves. And 'tis for this 
 Realbn, that Popes have gran- 
 ted them the Privilege of ha- 
 ving Os apertum ad omnia bene- 
 ficia, vi^, of being capable of 
 holding all Sorts ot' Benefices, 
 either Secular or Regular. 
 
 K4 
 
 But 
 
J^6 Of ECGLESIASTICA J- 
 
 But indeed there is nothing in all this, that ex- 
 ceeds the ordinary Terms of fpcaking on this Sub- 
 ject, feeing it is the Tenent of every Canonill, 
 thai the Pope can grant Dilpenfations for the hold- 
 ing as maay Benefices as he pleafeth : And in EffeO:, 
 Diipenfations were grown to Hich a Height, that 
 John XXII. (5) revoked them all, reflraining the 
 Dilpenlationsto tv;o Benefices only (;d). But then 
 his Referving to himfelf theDiipofd of all the other 
 Benefices J as fli^jU be fliewn when we come to Ipeak 
 of Refervations -^j gave ground for the Belief, that 
 he made that Order for his own Profit, and not for 
 the Sake of reforming the Abufe : Efpecially con- 
 fide ring withal the Ghara£ler of this Pope, who 
 had a particular Talent in all the liibtil Ways of 
 improving his Revenues. And the Event made it 
 good, for the Church relapfed into the fame Diflem-^ 
 per of Pluralities, more fatal, and with more Vio- 
 lence thail ever ^ which we lee continued to this 
 Day, in the Praclice'of Dilpenfations, with iiich a 
 Loole to AvaricCj as. exceeds all Bounds. ■ ^• 
 
 All the Canonifls and Cafiiifts agree, that Dif- 
 penllitions ought to be granted only for lawful' 
 Caufes, and tjiat the Pope fins who grants them for 
 any other : But they have not decided, whether he 
 
 T- 
 
 (<)) Jawes Dojfa^ of the Dio- 1 effrenatum talium beneficiorum 
 eel's o!" Cabers in France-, Son of niultltudinem reiVenemus. Sta- 
 a poor Cobier. tuinius itaq; quod pbtinentes 
 
 • (^) Nos omnes & fingulas pluralitatem hujulmodi beneli- 
 dilpenfationes Tuper receptione^ cioruni -— urium tantum ex be- 
 aut retentione plurium di^nita- neficiisquibuscuraimminetani- 
 tum^ aut beneficiorum, clJ'r-. qui- marumcum beneficio fine cura 
 bus cura animarum fit annexa quod habere maiuerint polient: 
 — --cuicunq; perfonne concellas,' licite retinere Extravagant tit, 
 rCardina'ibus tamen exceptis)' de pr^vbendis cap.execrabiliL 
 duximus taliter moderandas, I * See the Article 37, and 
 «iuod per modcnin-n nollrum* theNote 3, 
 'I \ ■ W^IO 
 
Benefices and Revenues. 15^ 
 
 who makes ule of Hich Grant, as is made without 
 lawful Cauie, Hands acquitted from all Guilt ^. 
 
 Some fay, the Difpenlation is good before G O Q 
 and Men ^ others, that is ferves to avoid the Pe- 
 nalties of the Canon-Lx^ws, but that in Confcience, 
 and before G O D, it is of no Validity : And to this 
 Opinion, the greater Number of the beft and molt 
 devout People adhere (Z^). But the other is more 
 
 agreeable 
 
 * Vide GlofTjim ad cap. pro- 
 pofuit 4. extra deconceir. prae- 
 bendx. verb. I'upra jus. 
 
 (b) D. Bernard Ep. 7. ad 
 Adum Monachum, Nunquid 
 ideo, faitb be, aut malum elfe 
 defiit, aut minora turn ed, 
 quia Papa concelfit ? quis vero 
 malum cffe negent, airenluhi 
 j^raebere malo? /dem lib' 3. 
 de Confiderat, cap, 4, ^ ep. 2yi, 
 ad Theobald, Ccm, Compan'ice, 
 
 Langius in Chrontco Citi\tn[ii 
 anno 1044. CS" Rebuff, in praxi 
 benef, tit, de difpenf. Num. 57. 
 A Biihop giving his Opinion in 
 the Council of Trent, upon Dif- 
 penlations, faid. That the 
 Council ought to declare, that 
 there ought to be a lawful 
 Cauie of Dilpenfcition, and that 
 who grants it otherwiff, fins, 
 and cannot be ablblv'd without 
 revoking it : And that he who 
 accepts, and makes ufe of the 
 Dirpenlation, fo far from being 
 f .ultlefs, lives in continual Sin 
 ixt> long as he makes ufe of it. 
 To which others replied. That 
 in Truth, he who grants it with- 
 out lawful Caufe, fins_, but that 
 however^ the Difpenlation 
 holds gpod, fo that the Con- 
 
 Icience of him that obtains it, 
 is untoUch'd, tho' he knows 
 that the . Caufe is not lawful, 
 Bd. Vaclb Ub,2, Hifl, Cone, Trent, 
 
 A Dominican, one Hadrian 
 Valentine, had the Courage to 
 uy. That the Pope being above 
 all human Laws, had full Power 
 to difpenle with them, and that 
 even tho' he fhould grant a Dil- 
 penfation w^ithout Caufe, it 
 ought ftill to be deem'd valid : 
 And that he can alio difpenfe 
 with Divine L.aws, provided 
 there were a lawful Caufe. He 
 afterwards adds. That tho' Dif- 
 penfation of a Divine Law, 
 granted without good Caufe, 
 were not valid, yet whatever 
 the Dilpenlation were, every 
 one ought to captivate his Un- 
 derftanding, and' believe that 
 there were a lawful Caufe. 
 
 In the lame Hiftory, lib, 7. 
 ^obn de I^erdm, a French Bene- 
 ditline, is quite of a diiFerent 
 Opinion, Human Laws, faith 
 he, are lubjcd to Difpenfation, 
 becaule or the Imperfection of 
 the Legillator, who cannot fore- 
 fee all the particular Cafes which 
 may call for an Exception : But 
 where God is the Legillator.» 
 • .. the 
 
1 5 S Of Ecclesiastical 
 
 agreeable to theCourf o'l Romey who love not to have 
 tiie Law given them, or that any Rules fnoiild be 
 prelcrib'd to the Papal Authority, eipecially m the 
 Matter of Benefices. For lome among them hold, tho' 
 warmly oppoled by others of the fame Pro feflion, 
 That the Pope may grant Dilpenlations for holding 
 leveral Benefices with Cure of Souls ^. Yet the 
 Court of Rome hath not taken much Advantage of 
 this Doftrine, feeing it hath found out other ways 
 of giving feveral Benefices under on^ Name, and hi 
 fuch Manner, that they Ihould look like one Bene- 
 fice. One of thefe ways is the Union, the other 
 the Commendam *, both ti>e Produft of the Times v/e 
 have above-mention Vi, and of which it is now pro* 
 p:^r to treat. 
 
 the I.aw is without Fiult, he- 
 caufc nothing can h^ hid from 
 his Knowledge. 
 
 it is not therefore, that he 
 who dilpenfeth, can ever dil- 
 engage him wlio is obliged-, 
 !ior make him remain obliged, 
 who isdeny'da Dilpenlation ii' 
 he deferves one. It is a popu- 
 lar Error to believe that i>if 
 penfations is a Tavour, ieeing it 
 is an A(ft o^ diitributive juiHce 
 as much as any : And he fins, 
 who grants it not to thoie to 
 whom it is due. The Church 
 is not a Servant, nor is the Pope 
 its Mafter: It is the Pope's 
 Part, who is only Servant ot' 
 him who has fet him over the 
 Chriftian Family, to give to 
 every ohZ what is due to him. 
 
 QuQm 
 
 conftHult Dominus fupra 
 jam'iliam fuam^ ut dzt Hits in _ 
 tempore triticl jy^enfuran?, Lucx 
 12. Difpcnfation is nothing, 
 but a right Interpretation of the 
 Law, and confequently the 
 Pope caunot, by his Dilpenfa- 
 tions diiengage thoie , who real- 
 ly are ob ig'd to obierve a Law ; 
 but he may very well declare to 
 thole, who are not under any 
 Obligation to a Law, that they 
 are n .t oblig'd to obferve it. 
 
 Fra. Faolo in the fame Hi- 
 ftory. Jib, 7 . 
 
 I'recomend this lafl: Inftrufti- 
 on as delei ving to ht deeply en- 
 graven in the Hearts of all Chri- 
 ftians, 
 
 '^ Sfiii Garcia, dc Benef. 
 parte II. cap. 5. mim.^^J* 
 
 C H A P. 
 
Benefices and Rettenues. 15^ 
 
 CHAP. XXXIV 
 
 IT was a Practice of great Antiquity, that when 
 a People by any Calamities, as of War, Plague, 
 or Inundations, were reduced to fo linall a. Number, 
 that they could not maintain a Minifter, the Biihop 
 commitced the Care of them to the neighbouring 
 Curate ^^ with thQ linall Revenue that was left : 
 And this was call'd uniting the two Cures. In thz 
 lame Manner when Cities became depopulated, and 
 fell to fuch Decay, that they were not able to af- 
 ford their Biiliop an honourable Maintenance, the 
 Metropolitan and his Suffragans afiembled in Coun- 
 cil, added two or more Cities to one Diocefs, and 
 ib thefe Biihopricks were called united. On the 
 contrary, when the People in any Place multiplied 
 fo rail, that one Curate was not luH-icieiit for the 
 Charge, the Cure was divided : A Method which 
 continues in ufe to this Day, and a very commend- 
 able one, both tor the Service of GOD, and tlie 
 Convenience of the People (a),- 
 
 It was afterwards tnought expedient to malvc 
 Unionr, in favour of fome particular Places of De- 
 votion ^ and thus divers Benefices became united to 
 Bifriopricks, Monaflcries, or fbme poor Kofpital. 
 By which Union, the beneficed Perlbn feems to 
 
 * Vide Can. unlverf. cauf.io. 
 
 q. 33, ex concil. Tolet, cap, 4. 
 an. 693. 
 
 (a) Et Canonica tradit au- 
 thoritas, & ntio luggerit natu- 
 
 ralis, lit cum necelfitas exigit, • ad Epfcop'um Pavienfem. 
 vel utilias perlUadet, ut uniis j 
 
 Epifcopatus dividatur in plures 
 
 & plures conjunganturin unum, 
 ne cava palloraiis defit alicui> 
 vel aliquld defit curae paftoris, 
 Innoc. 3. ep, s^. ^^w. 2. lib, 10. 
 
 hold 
 
140 Of Ecclesiastical 
 
 hold two Benefices, when in Reality he holds but 
 pncfi). 
 
 But in order to give two Benefices to the fame 
 Perlbn, which were really incompatible and incon- 
 lillent to be held together, human Subtilety 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 Appea- 
 rance, but in reallity it is a meer Obfervance of the 
 Words, and a plain TranfgrefTion of the Senfe : 
 Which the Lawyers call. Evading the Law (2). 
 
 This Invention alfb 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 
 JBcnefice in Title ^ and fo the Beneficiary became in 
 PojfcfTion of the Cure, and the Letter of the Law 
 p refer ved. 
 
 But the vakrable Power of imiting Benefices for 
 Life, was re ferv'd to none but the Pope alone ^ nor 
 could the Bi/hops ever obtain it on any Occalion 
 whatlbever. Some Civilians call this an Union in 
 Name, but in Reallity it is a total Diffolution of the 
 
 (i) Thefe Unions of Grace 
 or Favour were forbid by the 
 Council of Laterally and abro- 
 gated by the Council of Bafil^, 
 under the general Title of Re 
 
 Sanclimy de Elefncionibus & 
 quia verbo^exceptis : Et Guim.' 
 ibidem. 
 
 (2} See Garcia" de Benef. 
 parte 12, cap, 2. de unione. 
 
 •Tervations, See the Pragmatid num. 84 
 '- • Law 
 
Benefices and Revenues 1 4. i 
 
 Law (3^ : And for that Rcafbn, hath been prohi4 
 bited in fome Countries with great Marks of De- 
 tellation. This Evil reign'd very long in the Court 
 of Forney but is now worn out, and no longer in any 
 Force (4.), with many other Artifices and Subtile- 
 ties (not to call them Cheats) of the fame Nature ; 
 which are too evident, for Realbns which fPiall be 
 given, when we come to Ipeak of the Affairs of 
 our own Times. 
 
 (3) Thus the Congregation 
 of Cardinals and Bilhops ipoke 
 to Paul III. who had deputed 
 them in 1537. to try to make 
 a Reformation in his Court. . 
 
 Quid de unionibus beneiicio- 
 rum ad vitam unius, fay thej/y 
 ne fcnlicet obftct ilia Ixjneficio- 
 
 rum pluralitas ad obtinenda in- 
 compatibilia, nonne eft mera 
 fraus legis ? 
 
 (4) Since the Council of 
 Trent, which abolifh'd it in th» 
 Seffion 7. chap, 7. of the Re- 
 formation. 
 
 C 
 
 CHAP. XXXV. 
 
 Ommendams were alio of a very ancient and 
 laudable Inftitution ^ for when an eledive Be- 
 nefice became vacant, luch as a Biflioprick, Abby, 
 or Ibme Benefice, that was "Jus-fatronatuSy for which 
 the Ordinary could not, for lome Realbn, provide 
 immediately, the Care of it was recommended by 
 the Superior to fbme Man of Merit *", who jfhould 
 only take upon him the Dire£lion of it, till the Va- 
 cancy fliould be filfd w^^^ but who could ciijoy none 
 of the Profits : And therefore fome excellent Perlbn 
 was generally pitclid upon, to whom the Undertaj- 
 
 * Vide Greg.IIL lib. 1. 1 
 pp. 75. lib. 2. Ep. 13, &^5^ 
 
 xmi 
 
 m^ 
 
142 Of ECCLESIASTICA^L 
 
 iing was an Expence, and had nothing to recom- 
 mend it, but the Trouble which he was to undergo 
 for the Service of the Church : But he would have 
 been very improperly laid to hold this Benefice in 
 Commendam^ and confequently, in Reality, had iiot 
 two Benefices (a). 
 
 However, not to wrangle about Words, it grew to 
 be a Maxim among the Canoniils, That, a Qlerk 
 might hold two Benefices; one Ticular, the other 
 in Commendam ■^. At firft, the Commendam was to 
 continue only till orher Provifions were made ^ 
 Afterwards it grew to be given for a certain deter- 
 minate Time, which fometimes prov'd a little with 
 the longcfl:. This occafion'd the Popes prohibiting 
 the Biihops to extend it beyond iix Months (^), 
 tho' he made it no iliile for himlelf. On tl\^ Con- 
 trary, the Commendams contracted too much of this 
 Habit, not altogether comnjendable from the Roman 
 Chancellory ^ tor when the Pope would confer a 
 Benefice on any one who happen'd to be incapa- 
 citated, either for want of Age, or becaule the Be- 
 nefice was regular, and the Perion fecuiar, the Pope 
 gave it him in C^mmendam^ until he was in a Capa- 
 cith to take the Title. 
 
 {a) Quia Commendatioj 
 fay the Canoniflsy non facit.Frae- 
 latum, led Procuratorem, & 
 qui conimendavit, potefl: re- 
 vocare, quando vult. Nam 
 commendare nil aliud eft quam 
 deponerc. Glcjj* can, ad unum 4. 
 sauf 21. ^. I. 
 
 * Ibidem & cap. Dudum, 
 extra de eletftion. 
 
 (^) Nemo deinceps, fap 
 Gregor)' X. parKcialem cccleii- 
 am alicui non conftituto in setate 
 
 legitima & facerdotio commen- 
 dare prsefumat. Neftali etiam 
 nifi unam, & evidenti neceffi- 
 tate, vel utilitate ipfius Eccle- 
 fi^e fuadente. Hujufmodi autem 
 commendam ut prsemittitur, 
 rite fadam declaramus ultra 
 femeftris temporis fpatium non 
 durare : Statuentes quicquid 
 (ecus de commendisEcclefiarujn 
 paraecialium aftum t'uerit, elle 
 irritumiplbjure. Cd^, nemo 15. 
 de sk^,infextoah, 1273. 
 
 At 
 
Benefices and Revenues. i^:^ 
 
 At kit, about the Year 1350, the Popes throw- 
 ing olf all Ibrt of Confiderations, and having got 
 the other Biihops ty\l clown to thQ Term of fix 
 Months, gave a Loole at once to the aJferting their 
 own Power, and conferred the Commendam for Lite : 
 And if this happen to one who hath another incom- 
 patible Benelice in Title beibue, the Letter of tlie 
 Law is preierved ftri^lly and without Reproach, 
 , which forbids two Benci^ccs to be given, uniefs the 
 one be in Title, the other in Commendam : But t\i^ 
 Senle or Spirit of tlie Law is perverted :, feeing the 
 Commendatory for Life, as to xh.^ Profits, is, to all 
 Intents, the lame with tiie Titular (i) In the fame 
 
 Manner, 
 
 (i) When by reafon o^ any 
 Calamity of War or Plague, 
 fays the Author in the lame 
 Place, an immediate Eiedion 
 could not be made, the Supe- 
 rior recommended the vacant 
 Church to ibme ierlbn of 
 known Vertue and Ability, who 
 befides the particular Care of 
 his o\vn Church, governed in 
 the Vacancy oi this, till it Avas 
 iiird : And this Commendatory 
 was only the Depolitor}- of the 
 Revenues. 
 
 Afterwards the Commenda- 
 tories, under divers Pretences 
 of Neceffity and ))ecency, made 
 uie of the Fruits-, and that 
 they might enjoy them longer, 
 they put off the Nomination or 
 Election of the Titulars b} le- 
 veral Artifices, which occafion'd 
 the fixing the Term of the Com- 
 rfKndam to fix ^Months. £ut 
 the i^opes making u(e ot their 
 plenary Power, prolonged the 
 Term, and even granted the 
 
 Commzndams for Life,: with all 
 the Profits. 
 
 This Invention, which in its 
 Original was pious, degenera-; 
 ted into fo much Abule, as to 
 be made ufe of in corrupt times 
 to countenance Pluralities, of 
 which one lort, the}" faid, was 
 polieis'd in Title, the other in 
 Cof77n7snda}?i •, by which, the 
 Words of the Law were obler- 
 ved, but the Senle was defea* 
 ted j feeing the Commendatory 
 for Lile differ'd in nothing from 
 the Titular, [iVknefsthe For/n 
 of Bulls c/ Commendam, Cu-' 
 ram Monafterii ac regimen vT^ 
 adminilbationem tibi in fpiri- 
 tualibus 6v temporalibus pie-' 
 naiie committentes.] And in 
 lib. 3. of the fame Hiftcry, he 
 ipeaks thus, Vv hen the VV eilern 
 Empire was ravaged by the 
 barbarous Nations, it happened 
 olten that the Churches loli 
 their 1 aflors, and that thofe to 
 whom it belong'd to provide 
 others. 
 
144- Of Ecclesiastical 
 
 others, were hinder'd by the 
 Inroads and continual Violen- 
 ces of this accurfed People. 
 
 For this Reafofi, the chief 
 Bilhops of the Province recom- 
 mended the Orphan Church to 
 ibme vertuous Churchman, till 
 they were at Liberty to chufe a 
 Paftor canonically. The Bi- 
 ihops and neighbouring Curates 
 did the lame, when fome Coun- 
 try Parifh fell vacant. And the 
 Perlbn pitch'd on for Commen- 
 datory being always a Man of 
 Coniequence, who was much 
 concern'd to anlwer the Ex- 
 peftationhad of hini,theChureh 
 found great Advantage by it. 
 But as Corruption commonly 
 creeps into the beft things, 
 ibnie Commendatories began 
 to divide their Care betwixt 
 the Service of the Church re- 
 commended to thcnl, and their 
 particular Intereft;, ancl the Bi- 
 lhops to recommend Churches, 
 when there was no Occalion. So 
 this Abule ftill encreaiing, a 
 Law was neceflary to limit the 
 Time of the Cowwendum to fix 
 Months, arid to tbrbid the 
 Gomnlendatory to take any oi 
 the Profits. But the Popes, 
 fettmg themfelves above all 
 Law, prolonged the 'I'erm of 
 the Commendams^ and granted 
 a Part ot the Profits to the Ad- 
 tniniftrators ^ and atterwards 
 fcarried things fo high, as to 
 grant Cotnmendami for Lite, 
 with all the Revenues. After 
 which they charged alfo the 
 Stile of their Bulls, faying, 
 '* We recommend this Churcb 
 '' to t^ee, that thou mayeft 
 
 '" fupport thy Condition with 
 " more £afe and Decency," 
 \jit ftatufn tuum juxta gradum 
 tuce nobilitatU decenttus teners 
 valeas^l Whereas, the Title 
 before was>. *' To the End, that 
 " during this Interval, this 
 ^' Church may be ferved and 
 '' govetned.*' Farther, they 
 ordered, that the Cof^ninndaws 
 fhould be left wholly to their: ^ 
 Difpofal, without allowing him 
 who had the Right of Collation 
 to ufe his Right, lipon the 
 Death of the Commendatory, 
 Now, as the Commendatories 
 were made by the Popes, and 
 depended only on him, People 
 chofe rather to follicite at Rorne 
 for Benefices in Commtndamy 
 than for Benefices in Title; 
 ieeing by this Means, they 
 withdrew themfelves from the 
 Biihop's Authority, who thus 
 loll it over mod of the Churches 
 of their Diocelfes. Whence ic 
 came to pais, that the Com- 
 mendataries being no longe^ 
 accountable to any Body, re- 
 trench'd to their own great 
 Advantage all the necelfary 
 Expences, and let the Buildings 
 go to Ruin ; minding nothing 
 but how to iupport their Con- 
 dition acfcording to the Tenure 
 of their Bulls. 
 
 I thought it proper here to 
 infert thele xwo Pieces of Hi- 
 llory, extracted out of the Hi- 
 ftory of the Council of Trenty 
 by Fra. Vaoloy becaule they 
 give a ptrfecl Account of every 
 riling that is requii;d to be 
 known, in. the Bulmels' of Ccm'' 
 men dam ?t 
 
 . Manner^ 
 
Benefices artd Revenues. t^d 
 
 Manner, as a Benefice given in Commendamy to one who 
 hath not the Qi^aliiications reqiiir'd by the Canons, 
 is not offending againft the Words of the Canons •, 
 but the Benefice is given in Effeft, tho' hot in Words. 
 The Commendams of Bifhopricks and other Benefices, 
 are almoft diliis'd indeed in Italy y only there Hill 
 remain Ibme Abbies in Commendamy upon Occafions^ 
 which iliall be mention'd when we come to our own 
 Times. 
 
 . By the Methods we have defcrib'd, the Pope? 
 drew to themfelves a great Part of the Collation of 
 Benefices, in all the Chriftian Kingdoms of the 
 Weil. But in the Eaftern Churches they were not 
 allow'd to dilpole one Benefice, not only towards the 
 latter Times of that Empire, when XhtGreeh iepc- 
 rated intirely from the Church of ^omcy but evcri 
 when they were united ; except in the Parts of 
 SyfU and Greece^ when thefe Countries were under 
 the Dominion of the Fnnch and Venetians, And 
 tho' thele Bulls, which difpos'd of Benefices in fonie 
 one of the Methods above-mention'd, were for the 
 nioft obey'd yet they met with fo many Complaints 
 and Murmurings, as made it fometimes be dilputed, 
 whether the Pope had any Right at all all to fiich 
 Power. 
 
 In Italy no Oppofition was made to it, except by 
 fome confcientious Men, who had only the Service 
 of GOD in View: The Italians ^ of whom the 
 'Roman Courtiers were composed, finding their Ad- 
 vaintage in this great Authority of the Pope, which 
 help'd them to Revenues beyond the Mountains. 
 
 In S^ain^ the Prudence of that Nation eluded all 
 the Artifices of the Court of Komey by Kegotia- 
 tions. 
 
 hi England^ where the Benefices are very rich and 
 numerous, the Roman Coitrtiers made fuch mighty 
 
 L ^ Accjuifi- 
 
14.6 Of ECCI.ESIASTICAI. 
 
 Acqulfitions (2), that in the Year 1232, the Clergy, 
 and the Military Men of the Kingdom, form'd a 
 Confederacy or AfTociation ^, and pillaged all the 
 Goods and Revenues of the beneficed Roman Clergy 
 throughout the Ifland ('c). The Pope commanded 
 the King, under Pain of ExcommiTnication, to 
 chaftife them with his Temporal Arms, and the 
 Biiliops 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 Qiiiet lafted but for a 
 few Years, for Pope Innocent IV. a Genoefe (3), tak- 
 ing Courage, fent one Martin, a Kinfman of his, 
 to renew tJie Pretenfions of the Court (/) : The 
 
 BnglijIfJ 
 
 (2) Mattb, Tarii faith. That 
 Gregory IX. commanded the 
 Archbilhbp of Canterbury, and 
 the Biihops of Lincoln and Sa- 
 rhhtiry^ to provide 3 CO Romans 
 ■\vith VCiQ £r{1: Benefices that 
 iliould be vacant in their Chur- 
 ches, fufpending all their Col- 
 lations, until thefe 300 were 
 provided for. Anno, il&fi, 
 
 "^ Matth. Paris in Hen. III. 
 j^«w. 1231. 
 
 (c) Eodem anno di{lra(5^a funt 
 horrea Romanorum per totam- 
 fere Angliama viris quibufdam 
 armntis, & adhuc ignotis, bonis 
 conditionibus & ad commodum 
 multordm, & opus licet teme- 
 rarium in Iblennitate pafchali, 
 inchoantes fine contra di(5iione 
 i5c libere, quod quandoq; mini- 
 mos inter pauperes feminantes 
 eos coUigere hortabantur. Idem 
 in Henrico, anno xi'^'l, 
 
 (3) Of the Family o^ Fiafc/ji 
 of the Counts of ^ava^na^ 
 
 elefted in 1243. call'd the Fa- 
 ther of the Canonifts. 
 
 (d) Circum idem tempus 
 milit Dominus novus Papa 
 quendam novum pecuniae extor- 
 Ibrem magillrum videlicet Mar- 
 tinum, autenticum papale de- 
 ferentem, & habentem potefta- 
 tern excommunecundi, fufpen- 
 dendi, & multipliciter volun- 
 tati iiige refiftentes puniendi. 
 Idem, Mattb, 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 
 Ccnftant'my hy which, all the 
 Illands were given, as was pre- 
 tended, to the Church of 
 Rcme. 
 
 Ad preces meas illuftri Regi 
 Anglorum Henrico II. conceffit 
 ik dedit(Hadrianus)Hiberniam 
 jure haereditario poflldendam. 
 Nam onines Infulw de jure an- 
 tique 
 
Beiiefices and Revenues. i^y 
 
 Englijh complaln'd to the King, that the ItaL'ans 
 had got Poiieflion of aH th^ Beneiices ■ 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 own Revenue, which amounted to 6ccco 
 Marks (4J. And upon his laying tiiele Grievances 
 before th.^ Pope, in the Council oi Lyons ^ who pre- 
 iided there in Perfon, he was anfwei'd. That the 
 Council was not ailembrd tor that Affair (^ 5), nor 
 was the Seafon proper to remedy ic. 
 
 While this Council was held in the City o'i Lyons ^ 
 the Pope had a longing Delire to beftow forae Pre- 
 bendaries of that Ciiurch on Ibme of his Relations, 
 which made ib great a Diflurbance in the City, 
 that on Notice that th^y were in great Danger of 
 
 tiquo ex donatione Conflantini, 
 qui earn fundavit, & dotavitj 
 dicuntur ad Rom. Ecclefiam 
 peitinere. 'Joannes Sarisburknfis 
 lib,^* Metalogic'i^ cap,i^2» 
 
 (4) The famcHiflorianraitb, 
 that the Revenue of* the Italian 
 Beneficiaries, eftablifh'din Eny^- 
 land, amounted to more than 
 70 thouland Marks of Silver j 
 and that Innocent W , had more 
 impoverilh d the Church of 
 God, than all the Popes toge- 
 ther had done, iince St. Veter, 
 
 Epifcopus Robertus Lincol- 
 nieniis fecit a luis Clericis diii- 
 gcnter computari, alienorum 
 proventus in Anglia, & inven- 
 tum eft, 6c veraciter comper- 
 tum eft, quod Innocentius IV. 
 p us Eccieliam univerlalem de 
 
 peraverat quam omnes Prsede- 
 ceifores a tempore Papatus pri- 
 mitivi. Redituiq; Clericorum 
 per iplumin Anglia alienorum, 
 quos EccIeliaRomatie ditaverat, 
 ad plufquam feptuaginta millia 
 Marcarum aicencit, Reditus 
 Regis non ad ejus partem 
 tertiam computatur. In vita 
 Henrici IIL adannj 1252. 
 
 In anctlier l-'lace, ad an. 125^, 
 he calls innccent IV. Dijfipatcr 
 Ecdefi^ Ve'h '^ venditor Eide- 
 [larum, 
 
 (=;J tJe had cali'd it, und-^r 
 Pretence of lending Succours 
 to the Holy-Land, hut h^s true 
 Motive was, to excommunicate 
 the Em.perot Fred.'ric, Ramald 
 an. 124^. § I. {^ Alatth. Farii 
 anno 1245. 
 
 L X 
 
 being 
 
J48 Of Ecclesiastical 
 
 being thrown into th^ Rhone (j)^ he lent them pri- 
 vately out of Town. 
 
 >Jeverthe!efs the Court ceafed not to make new 
 Attempts. In the Year 1253, the lame Pope com- 
 manded Foherty Billiop of Lincoln^ a Perlbn eminent 
 in thofe Times, for Learning and Striftnels ofLife, 
 to confer a Benefice upon a Genocfe^ againft the Ca- 
 nons : Which appearing both inconvenient and un- 
 jnll, this Prelate anfwer'd, That he received the 
 Apoltolick Commands with the Reipc^t due to 
 them, as they were conformable to the Dodrine of 
 the Apollles, but that the Non-ohflantihus made up 
 of Uncertainties, hiconfiftencics, and proceeding 
 from want of Faith, came like a Torrent to over- 
 throw the Peace of Chriftendom : That it was a grie- 
 vous Sin to take away the Pafture from the Sheep : 
 And that the Apoftolick See had all Power to edify 
 but not to deftroy (f). The Pope was enraged at 
 
 this 
 
 {e) Eodem tempore cum 
 vellet Dominus Papa quibuf- 
 dam Prgebendis Lugduneniis 
 EccleiiK vacantihus, quofdam 
 alienegenas conlanguineos vel 
 affines fuas, incoul'ulto Capi- 
 tulo intrudere, reftiterunt ei in 
 facie Canonici Lugdunenfes, 
 comminantes, & cum juramento 
 obteftantes, quod fi tales apud 
 Lugdunum apparerent, non 
 pollet eos, vel A rchiepifcopus 
 vel Canonici, protegere, quin 
 in Rhodanum mergeretur. Mat, 
 Varif^ anno 1245. 
 
 Emeric Gueri, Archbifhopof 
 £yons, chule rather to quit his 
 Archbiflioprick, than to lee his 
 Church expofed to the Plunder 
 of the Pope. Gallia Chrifliana I 
 pag, 324. MdU IVeflm'mft, I 
 
 (/') Mandatis Apoftolicis, 
 faith he-i in his Anfvotr to the 
 Pope, aff^ftione filioli devote & 
 reverenter obedio, his quoq; 
 quae mandatis Apoftolicis ad- 
 verfantur, paternum zelans ho- 
 norem, adverfor & obfto ; ad 
 utrumq; enim teneor ex divino 
 mandate — Non eft igitur li- 
 ters, tenor Apoftolicae fanfti- 
 tati conibnus, led abfonus plu- 
 rimum & difcors. Primo, quia 
 de illius literse, & ei confimili- 
 um fuper accumulate non ob- 
 ftante Icatet cataclylmus incon- 
 ftantise audaciae & procac'.tatis, 
 inverecundise, mentiendi, fal- 
 lendi, diffidenter alicui-creden- 
 di, & ex his confequentiiim vi- 
 tiorum quorum non eft nume- 
 rus, Chriftian3e religionis puri- 
 tatem. 
 
Benefices and Revenues. 14.9 
 
 this AnCwQr, and Cardinal ^gidius, a Spaniard^ a 
 prudent Man, endeavoiir'd to appeafe him, repre- 
 lenting. That proceeding to Extremities, in a Caule 
 16 odious in the World, and -againft a Prelate ib 
 iniiverrally efteem'd, could have no good Effed (h). 
 
 But 
 
 tatem, & focialis converfationis 
 hominum tranquillitatem com- 
 movens, 3: pcjrturbans. Prse- 
 torea -— non eft, nee efC^ po- 
 teft, alterum genus peccati tarn 
 contrarium Apoftolorum dod- 
 rinae, & evangelicse & ipfi Do- 
 mino Jefu Chrifto tarn detefta- 
 bile, & abominabi.le, quam a- 
 nimas curae paftoralis officii & 
 minifterii defraudatione morti- 
 iicate & pcrdere. And after fome 
 ether Re won f} ranees cj the fawe 
 Strain, he fimjheth hU Letter 
 thus : Apoftolicse fedis lanftitas 
 non poteft nifi quse in aedifica- 
 tioneni funt, & non deftruftio- 
 neiii : Hacc enim eft poteftatis 
 plenitudo omnia pofTe in sedifi- 
 cationem : Hac autem quas vo- 
 cant, proviiiones non iunt in 
 sedificationem, fed in manifeftif- 
 limamdeftru(n:ionem. Nonigi- 
 tur eas poteft beata fedes Apo- 
 ftolica acceptare, quia caro & 
 languis (becai(fe \\r\\octr\t gave 
 all the Benefices to his Kindred^ 
 and filTd the Englifti Church 
 Tv'rth Genoefes) quae regnum 
 Dei non poilidebunt, eas reve- 
 lavit. Mat. Paris, in the Life 
 of Hen, III. 1251. 
 
 (g) Hsec cum ad Papse audi- 
 entiam perveniffent, non fe ca- 
 piens prse ira iuperbo animo 
 ait : Quis eft ifte lenex delirus, 
 furdus, i<c abfurdus^ qui fada 
 
 audax, immo & tenaerarius ju- 
 dicat ["which of the two donted, 
 the Pope, who^ broke the Ca- 
 nons, or Lincoln^ \vho defen- 
 ded them ? \^ hich of them was 
 deaf, Lincoln^ who hearken'd I'o 
 well to the Voice of the LORD, 
 or Innocent:, who was deaf to an 
 Apoftolical Prelate, -vvho told 
 him his Duty ? ] per Petrum 
 & Paulum, [he. fware by St. 
 Peter and Paul againft the Bi- 
 fhop o? Lincoln^ who gavehitn 
 the lame Rebuke then, which 
 St, Paul had given to St. Peter^ 
 quia reprehjnftbilis crat, ^ non 
 re^b ambtdabat ad veritatem 
 Evangel ii, (Galat. 2.) inftead 
 of imitating St. Peter^ Avho pro- 
 fited by this Corre(5lion] nifi 
 nioveret nos innata ingenu tas, 
 ipfum in tantam contufionem 
 praecipitarem, ut toti mundo 
 fabuia foret & exemplum. Ibid, 
 (h) Nonexpediret, Domine, 
 ut aliquid durum contra ipfum 
 Epifcopum ftatueremus, ut e- 
 nim vera fateamur, vera funt 
 quae dicit, non poflumus cum 
 condemnare. Catholicus eft> 
 imo & fan^tiffimus, nob^s reli- 
 giolior, nobis fancftior, excellen* 
 tior, & excellentioris vit«, ita 
 ut non credatur, inter omnes 
 Praelatos majorem, imo nee 
 parem habere. Novit hoc 
 Gallicana t^ AngUcana Cleri 
 L 5 univer- 
 
150 Of Ecclesiastical 
 
 But whilfl the Pope vvai^ meditating which way to 
 be reveng'd, Eohert clied, conrinir'ng to Ipeak in the 
 lame Strain to the hi ft Moments of his LifeCi) : 
 And as he pals'd fm- a Saint, the Report went that 
 he wrought Miracles. The Pope, when he heard 
 of his Death- order'd a Procefs ao^ainft him, to take 
 him out of his Grave, and lei^t it to the King to 
 
 univerntas, nojlra non praeva- 
 leret contradiario. Hujulmodi 
 epiftclse Veritas, quse jam forte 
 jnultis innotuit> multos contra 
 nos pcterit commovere. Hsec 
 dixerunt Dominus ifgidlus 
 Hilpanus Cardina'is, &; aJii, 
 confilium dantes Domino Papse 
 ut omnio haec conniventibus 
 oculis fub diffimiilatioiie tran- 
 fire permitteret, ne I'uper hoc 
 tumuJtcsexcitaretur. Ibid, 
 
 This Cardinal:, by the Tefiz- 
 wcny cf the /aid Mat. Pars, was 
 a great Man^ Fare careris, 
 faith be, coiumna in curia Ro- 
 mana veritatis, & Juft'tias, ^ 
 inunerum afpernator, qu:e ri- 
 gorem xquitatis fle£lere con- 
 iueverunt. He died 12^^^, aged 
 near iccTears. 
 
 (i) Privelegia famftorum 
 Pontiiicum Rom. PrasdecelTo- 
 rum luorum Papa impudenter 
 annuliare per hoc repagulum 
 non-obilante non erubeicit : 
 Quod non lit iine eorum preju- 
 ^icio & injuria manifeila; fie 
 cnim reprobat, & dirult, quod 
 tanti, & tot fanfti asdiiicaverunt 
 — - Nonne dicit Papa de luis 
 plerilq-, praedecelToribus, iHe 
 vel ille pioe reccrdationis prxde- 
 ccfior nofter, ^ Isepe adh^eren- 
 tcz {aiitfti prcedeceiiorit nollri 
 
 veftigiis, i^c. Quare ergo, quae 
 jecerunt, dlruunt fundamenta, 
 quilequunturf' Konne plures, 
 divina gratia falvati, majores 
 funt uno folo adhuc pericUtan- 
 te? — Unde ergo haec injuri- 
 ofa temeritas, privelegia anti- 
 quorum fanftorum multorum 
 in irritum revocare ? That is to 
 fay, The Pope is not alham'd 
 to cafs and annul, with a ncn- 
 obftante, the Conceflions and 
 Aifts of their holy Predeceflbrs, 
 not confidering the ^njury he 
 doth to their Iviemories, in o- 
 verturning all their fpiritual 
 Fabrick. V* hen the F ope Ipeaks 
 of any of hisPredecelfors, doth 
 h'^ not fay, Our Predecellor 
 2V."r of pious Memory ? And 
 very oft he faith. Being willing 
 totbllowthe tootfteps of our 
 holy Predeceiibr : Vvill he then 
 ruin the Foundations which o- 
 thers have laid ? Many "Popes, 
 wiio, 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 ShipwTeck ? How 
 comes it then, that Innocent is 
 fo bent upon revoking the Pri- 
 vileges, which lb many holy 
 Fathers have granted ? 'Matth. 
 Paris, in tnc lame Life. 
 
 execute. 
 
Benefices and Revenues 151 
 
 execute. But the Kight following, Robert appeared 
 to the Pope, either iia a Viiion or Dream, clad in 
 his Pontifical Robes, and reproaching hiin for per- 
 Iccuting his Memory, gave him a Blow on his Side 
 with his Crofs (K)^ w^hich awaken'd the Pope with 
 an excefTive Pain, which continued with him till 
 his Death (/). 
 
 In the Year 1258, Alexander IV. ■^, his Sueceffor, 
 on the like Occalion excommunicated the Archbi- 
 ihop of Torky who perlevering and juftifying him- 
 
 (k) Hoc anno 1254. Domi- 
 nusPapadum iratus fupra mo- 
 dum vellet ofla Epifcopi Lin^ 
 colnienfis extra Eccleiiam pro- 
 jicere — - julTit talem Epiftolam 
 fcribi Domino Regi Angliae 
 tranfmittendam : Sciens quod 
 iple Rex libenter defaeviret in 
 ipliim, {For, as cur Hiflorian 
 faith, 6 or 7 Pages before, Ro- 
 bert TOM Domini Papae & Re- 
 gis redargutor manifeftus] fed 
 no£le (equenti apparuit ei idem 
 Epilbopus Lincolnienfis pontifi- 
 calibus redimitus, ac voce ter- 
 ribili ipfum Papam in le<fto fine 
 quietequielcentemaggreditur& 
 affatur pungens ipfum in latere, 
 i<ftu impetuolbj cufpide baculi 
 iuipaftoralis : Et dixit ei, Si- 
 nibalde, Papa mirerrime, pro- 
 poCuiftine oila mea extra Eccle- 
 iiam prcjicere ? Unde haec tibi 
 temeritas? — Nullam potefta- 
 tem in me habere te Dominus a 
 modo patietur : Scripfi tibi in 
 ipiritu humilitatis, & dileftio- 
 nis, ut errores tuos crebrcs cor- 
 rigeres: Sedtu monita falubria 
 falcinante corde contempfifti, 
 y?e, qui Ipernisj nam 6: tu 
 
 contemneris, & Ciz Recedens 
 Robertus ipfum Papam -^- 
 dereliquit iemineccm. Ibid, 
 anno, 1254, 
 
 (/) Papa in Latere quad pleu- 
 rifi infirmatus, vel lancea lau- 
 ciatus : Nee potuit ei Cardina- 
 lis Albi Phyfica Suffragari ; non 
 enim pepercit Robertus Lin- 
 colnienfis Sinibaldo Januenii, 
 {jvhich rvj^s the Name and Coun- 
 try of Innocent) 6c qui vivuni 
 noluerat adire corripier.tem, 
 fenferat mortuum impin^entem. 
 Nee unqunm poftea iple Papa 
 unum bonum diem vel profpe- 
 rum confinuavit ufq; ad noftem 
 vel no clem ufq-, ad diem fed in 
 fomnem & moleftam, Ibid. 
 
 {m) Towards the End of the 
 Year 1254. Mat, Par if reports. 
 That Innccent being at the Point 
 o^ Death, and feeing his Friends 
 weep, faid to them, ^ad plan- 
 git is miferi ? Ncnue vcs ownes 
 divites relinquo^ quid awpJius 
 exigitis, 
 
 * He was of the Houie of 
 Conti, the fame with Innoct:ntl\l^ 
 I and Gregcrj iX, 
 
 L 4 felt: 
 
^2 Of ECCJLESXASTICAL 
 
 feir, flood the Perfecution with great Fortitude (n\ 
 jind drawing near his End, wrote a Letter of great 
 Prudence to the Pope, exhorting him to imitate his 
 holy Predeceflbrs, and to fupprels thele Imiovati- 
 pns, ib injurious to the Church, and fo dangerous 
 to the Safety of his own Soul (<?) : And then died^ 
 i^i the Reputation of a Saint and Martyr. 
 
 During the Confulions of thefe Times, there was 
 a Regulation found neceffary to be made in France^ 
 which I fhall here recount, introducing it with this 
 
 {n) Annp 12 $7, aggravavit 
 Planum fuam Dom. l-'apa in 
 A rchiepifcopum Eboracenf. jul- 
 fitq-, eum ignominiofe nimis in 
 tota Anglia excommunicari. 
 Ipfe tamen Archiepircopus ex- 
 emplo B. Thomse Marty ris nee 
 ronB. Rob. Epifcopi Lincolni- 
 enlis iidelitate eruditus de ibla- 
 tio ce!itiis mittendo minime de- 
 iperavit, omnem papalem ty- 
 rannidem patienter rufftinendo. 
 And 8 Pages aftery Renuit ge- 
 pua Relieve Baal, 6c indignis 
 Barbaris opima beneiicia Ec- 
 clefi3e fuae, quail Margaritas 
 porcis, imo fpurcis dillribuere. 
 Ibid, Jlnd 4 ('r 5" Pages after. 
 Nee cenfeo prsetereundum quod 
 B. Edmundus Leftor in Theo- 
 logia Oxonialis (And after- 
 rvards Archbifhcp t/'Canterbury) 
 ei dicere conluevit. Oh Sewale 
 (vohich WM the Name cf thU 
 Archhificp of York) Martyr ab 
 hoc leculo tranfmigrabis, terro, 
 vel faltem gravibus, 6< infupe- 
 rabilibus in mundo tribulatio- 
 nibus impetitus ic trucidatus;, 
 Jbid, ad an. 12^^"], 1258. 
 • (0') In amaritudine animae 
 fcripfu: Papae exemplo Roberti 
 Lincolnieniis Hpifcopi provoca- 
 
 tusjdolensinconfolabiliter^quod, 
 tarn multiformiter ipfum fati- 
 garatj eo quod inexpertos, & 
 linguae Ang]ican3eignaros renuit 
 acceptare, nunc iufpendendo, 
 nunc ab Ecclefla eliminando, 
 nunc crucem adferendo, ^c, 
 (the Vcpe had fcrbid his firfi 
 Almoner to carry the Crcfs bejore 
 hiwy as TOiVS theCaftcm) Con- 
 queftus eft; infuper gravdter, 
 quod impetus quorundam Cle- 
 ricorum authoritate papali pro- 
 tervientium segre iuftinuerat, 
 fed patienter, ut probra Patris, 
 non ut Cham reveiando deride^ 
 ret, led ut Sem abfconderet 
 & velaret. Humiliter ergo in 
 icripto fuo & inftanter petiit, 
 ut cpnfuetas tyrannides tempe- 
 raret, humilitatem fanilorum 
 Prxdeceflorum liiorum fequen- 
 do. Dixit DominusPetrp, palce 
 oves meas, nontonde, non ex- 
 coria, non evilbera, vel devo- 
 rando conlume : That Uy Feed 
 my Sheepy and not Jheer them, 
 not tear out their Borcels nor dC' 
 vour them. 
 
 As fome Biihops have done, 
 of whom nothing is to be ob- 
 tain'd, but for ready Money. 
 
 Obfer^ 
 
Benefices and Revenues . 155 
 
 Dbfervatlon, That in Spight of all the Refiflance 
 and Defence made by the Princes and Biiliops againft 
 the Attacks of the Church of Rome, She has never 
 loft Courage in the iharpeft Confli£ls, or betray'd 
 the leaft Thouglit of defifting from her Preten- 
 lions. 
 
 On the Contrary, purfuant to thefe, in the Year 
 1255, Clement IV. form'd the Proje^l:, which would 
 have put him or his SuccefTors into the abfolute 
 PoJfTeflion of all the Collations of Benefices through- 
 out the Chriftian World ^ and withal have freed 
 him from the Servitude of inventing inceflantly new 
 Shifts and FineiTes, to draw the Collations to 
 Rome, 
 
 This Pope, therefore, begun with a Bull, which 
 concKided no farther, than what concern'd the Re- 
 lervation of Benefices vac antes in Curia ^ the Colla- 
 tion of which, he laith, is refer v\i to the Pope, by 
 ancient Cuftom *, which, confequently, he approves, 
 and that it is his Pleafure it ihould be oblerv'd : 
 But tho' he concUides no more than this, he had 
 lupply'd it with a Preface of the fcrongef^ Suppofi- 
 tions, in thefe Terms : " Altho' the intire Diipo- 
 *' fition of all Benefices belong lb 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 : Kever- 
 ^' thelefs, ancient Cuftom hath more particularly 
 ^^ referv'd thole vac antes in Curia : Therefore We 
 ^' approve this Cuftom Cj?)." 
 
 If 
 
 {p) Licet Ecclefiarum, per- 
 fonatuum, dignitatum alio- 
 rumq^ beneficiorum Ecclefiafti- 
 corum plenaria difpolitio ad 
 Romanum nofcatur Pontiiicem 
 pertinere ira quod non Iblum 
 
 ipfa cum vacant, poteft de jure 
 conFerre verum etiam jus in 
 ipfis tribuere vacaturis: colla- 
 tionem tamen Eccleiiarum, 
 dignitatum, & beneficiorum 
 apud fedem Apoftolieam va- 
 cantium. 
 
154- Of ECGLESIASTICAJL 
 
 If the Decree liad concluded fuitably to his In- 
 clinations, of declaring that the Difpolition of all 
 Benefices belong'd to him, an nniverfal Outcry mull 
 have follov/d, and he have drawn all Orders of 
 Men, Ecclefiafticks as well as Princes, and other 
 Lay Patrons upon him j all would have been a- 
 iarm'd, and have ftood to their Arms, with Mani- 
 ieftos and Publications of their Realons, too loud 
 to be born : Whereas a Propolition, ftated upon a 
 Suppofition, without leeming to make any Con- 
 cluiion, pals'd the more ealily upon the Generality 
 of Men, who were not lenlible how much it im- 
 ported, and in Effeft it implied. 
 
 However, two Years after, in the Year i258, 
 St. Lewlsy King of France, without having any Re- 
 gard to this Bull of Clement IV. feeing the Regula- 
 tions made by the Qiieen Regent his Mother, during 
 his Minority, and Ablence in the Holy-Land, were 
 not of Efficacy to remedy the Abufes crept in by 
 the Difpenfations of Benefices, made his famous 
 Fragmatick ^ , wherein he commands, that the 
 
 Cathedrals 
 
 cantium, fpecialius ceteris an- 
 tiqua confuetudo Romanis Fon- 
 tiiibus refervavit. 
 
 Nos itaq-, laudabilem repu- 
 tantes hujufmodi conluetudi- 
 nem, & earn authoritate Apo- 
 ilolica approbantes, ac nihilo- 
 minus vokntes ipfam inviolabi- 
 liter obfervari, eadem authori- 
 tate ftatuimus, ut beneiicia qua^ 
 apud ledem ipfam deinceps va- 
 care contigerit, aliquis prseter 
 Romaniim Pontificem conterre 
 alicuij, feu aliquibus non prae- 
 fumat. Sext'i Dscret, lib, 3. 
 
 * It is much doubted, if 
 this Tragmatick were made by 
 St. Levri^ or no, the \^ riters of 
 that Time making no Jviention 
 of it. Befides th:,t, it no where 
 appears^ that the Pope who 
 reign'd then, had any Differ- 
 ence with this King, which 
 had been unavoidable, if this 
 Pragmatkh had been Ills. 
 
 1 he Cardinal de Bcurdeille, 
 who refuted it in the Time of 
 ZeiVH XL in a fmall Treatife, 
 entitled, D^fenforun? Cncorda- 
 tcrum inter fed^nr ApcfloUcamy 
 ij Rcgew Francice Ludov, JL 
 feems 
 
Benefices 'Sindi 'Revenues. 155 
 
 Cathedrals and Monafteries fhonld enjoy their E-» 
 lefts free and iincontroul'd, that all tbiQ other Be- 
 nefices ihonld be dilpos'd as the Law direfted 5 
 and that no Inipofitions of the Court of Rome 
 fhoiild be levied upon the Benefices, without the 
 King's Conlent, and that of the Galilean Church (^J. 
 But tlie Expedition of this pious Prince into 
 Afrkk againft the Moorsy and his Death, which 
 happen'd in the Year 1270. the hitereft which the 
 
 feems to fay, that it was not 
 made by bt. Lewis in thefe 
 Terms : 
 
 Quod autem eidem afci ibitur 
 feciife Pragmaticam per quam 
 quidem juftiiicare nituntur 
 Pragmaticam per rereniflimum 
 Princigem Carolum Regem 
 QVll.j domini noftri Ludovici 
 genitorem editam, & per eun- 
 dem Dominum noftrum Ludo- 
 vicum, catholice nuper abroga- 
 tam, nihil proderit eis, neq; 
 prodefle poteft, fi attendantur 
 iingula verba ejufdem fandi Tub 
 tenore hujus alcriptae fibi Prag- 
 maticje contenta, quae tais ab 
 aliquibus alferitur. Ludovicus 
 Dei gratia Francorum Rex ad 
 perpetuam rei memoriamj ^c. 
 
 Our Kings having never uled 
 this Form, which is iacred only 
 to the Popes Bulls. 
 
 (^) Statuimus & ordinamus 
 primo ut Ecclefiarum regni no- 
 ftri Praelati^ Patroni, &: bene- 
 ficiorum collatoresordinarii jus 
 fuum plenarie habeant, & un - 
 cuiq; Tua jurifdiiftio fervetur — 
 Item promotiones, collationeSj 
 proviliones, <bc dilpofitiones 
 Pr?elaturarum, dignitatum, & 
 aliorum quorum cunqj benefi- 
 
 ciorum, & ofEciorum Eccleiia- 
 fticorum Regni noftri;, I'ecun- 
 dum difpoiitionem^ ordinatio- 
 nem & determinatioHem juris 
 communis, facrorum concilio- 
 rum Eccleflae J3ei, ik inftituto- 
 rum antiquorum fandorum Pa- 
 trum, £erij volumus^ & ordi- 
 namus. 
 
 Item exaftioiies & onera gra- 
 viffima pecuniarum per curiam* 
 Komanam Hccleri:« regni noftrl 
 impofitaj vel impofitas, quibus 
 milerabiliter regnum noftrum 
 depauperatum extitit : Sive 
 etiam imponendas, vel impo- 
 nenda, levari aut colligi nulla- 
 tenus volumus, nifi duntaxat 
 pro rationabili, pia & urgentii- 
 iima caula velinevitabili neceffi- 
 tate, & de^ Spontaneo, & ex- 
 prelFo confenfu noftro & ipfius 
 Ecclefiss regni noftri. 
 
 ISfichcUs Gzks, in the Life of 
 St. Zervif, and the Compiler of 
 the Proofs of the Liberties of 
 the Gallican Church, alfures us, 
 that this Acl is found in the 
 Regifter of the Parliamant. See 
 the Preface of Mr. Finfcn upon 
 this Fragmatkk, pag. -^,0, num. 
 
 6 1, and the tollowing ones. 
 
 Houfe 
 
156 Of Ecclesiastical 
 
 Houfe of Jnjou had in preferving the Pope's Fa- 
 vour, to eftabliih the PoJfeflion of the Kingdom of 
 Naples, and to recover that of Sicily -, together witii 
 thQ Permiffion 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 VUl. made 
 it ample Reparation, who in xiiQ Year 1298. inferted 
 theConftitutionofC/fwf/^rin the Decretals, only with 
 fome Ammendment, in making that now the prin- 
 cipal Sentence, which was before mention d only as 
 it were occafionally, and by way ofHyfotheJis, And 
 to give more Force to this Bull by the Uncertainty, 
 he lent it out under the Name of Clement only, 
 without exprefling whether it were the Fourth or 
 Third Clement : And that Doubt we find continued 
 to this Day, in the different Copies extant •, in Ibme 
 of which he is cali'd the Third, and in others the 
 Fourth^. 
 
 Then it was that this Propofition firft began to be 
 be admitted for Truth, That the abfolute Dilpoli- 
 tion of all Benefices belong to the Pope j which they 
 pretended to underftand in a Senfe not altogether 
 abfiird ^ which is. That tlie Pope hath a plenary 
 Power, but under the Regulations of Laws and 
 Realon (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 alto 
 
 * In tbc Edition of Lions, 
 the Subfcription of the Title 
 de Praebendif^ is Clemens III. 
 ah'as IV. 
 
 (r) Quod Papa omnia potcft, 
 prsemifTa clavi difcretionis ante 
 clavem poteftatis. ca^, quanta^ 
 ds iureiurando, 
 
 an 
 
Benefices and Revenues. i^^ 
 
 an iiitire Liberty in the Manner of dilpoling th.Qm(f), 
 By which Liberty the Canonifts nnderftand. That 
 he is exempted from Obedience either to Laws or 
 Reafon itlelf .^ and that he hath a Privilege of dif-^ 
 pofing Benefices in what Manner Ibever, even againft 
 Keafon, the hiterefb of any particular Church, or 
 of any Lay Patron whatfbever. 
 
 This Do^b'ine is afferted on all Occafions in the 
 Bulls, and there is no Canonill, 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 
 tht Collator, and even of conferring Benefices by 
 Prevention, to whomfoever, and wlien he pleafeth : 
 Which is a Power lince granted by the Popes to 
 their Legates, by a general Conftitution. 
 
 hi all the Confideration of this whole Matter of 
 Benefices, nothing is more furprizing, than that 
 which hath been all along maintain'd by the Cano- 
 nifls to this Day, without any Regard to a Truth lo 
 notorious, either out of Animolity, or becaufe they 
 think it is a Wrong to their Proteilion, to pretend 
 to know any thing that is not drawn out of the 
 Decretals, That heretofore the Pope conferred all 
 Biiliopricks and other Benefices, and that fmce, he 
 hath granted away, out of meer Grace, the Elediori 
 to the Chapters, and the Collation to the Bifliops : 
 Tho' the Light at Noon-day is not clearer, than 
 that the Eledion of Ecclefiaftical Miniflers was 
 firfl in the People •, that afterwards it came into the 
 Princes Hands, when they had rcceiv'd the Chri- 
 
 (/) Salva in omnibus Rom. 
 Pontiiicis poteftate, ad quam 
 Eccleliarum, perfonatuum, dig- 
 ritatum aliorumqjbeneficiorum 
 
 ecclefiafticorum plena, & libera 
 difpofitio, ex luae poteftatis ple- 
 nitudine noidtur pertinere. 
 
 itiaa 
 
158 Of Ecclesiastical 
 
 ilian Faith, aiid had taken the Affairs of the Church 
 into their Care : And laftly, that the Eleftions 
 relied in the Clergy only, after the Seculars had 
 been excluded by the Artifices of Gregory VI. and 
 his SucceiTors : Every Diocefs ftill retaining its own 
 Right of electing and, of collating its own Benefi- 
 ces ^ which the Popes have, by Degrees, inlenfibly 
 allum'd to themfelves, by fi!ich Methods as have 
 been already fhew'd, and liich as will appear in the 
 following Difcourfe. 
 
 In the mean time, there is no Doubt to be made, 
 but that this AiTertion 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 
 DoQ:rine, fo diametrically oppofite to that which 
 was preached in thofe Times. For Anfelm Bifhop of 
 Lucca^ who in the Year 1080, wrote three Books 
 againft Gilbert the Antepope "^, 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 Ulage oblerved from the 
 Times of the Apoftles, down to the Times wherein 
 he wrote. That the Eleftion of the Bilhops, which 
 he calls Tomifices 'f-, belonged to the Clergy, and 
 People of the particular Diocels : And that the 
 Emperors Conftantlne^ Confians^ Valent'iniAn^ TheodofiHSy 
 Honorius^ Charlemalgriy Lewis the Debonair j with di- 
 vers others excelling in Piety and Faith, have never 
 violated this Ulage, Unce the Times of the Apo- 
 ftles : And citing withal, a Conllitution of the 
 
 * OrWibert called CkmentWl. 
 formerly Archb. of Ravenna, 
 of whom is fpoken in the Notes 
 of the 29d Article, 
 
 t Not to call them Papa in 
 
 the plural, which, he faith, is 
 as improper and impiaus^ ap- 
 plied here, as to theiName of 
 God. See in the End cf the i%th 
 Artide. 
 
 Capitular 
 
Benefices and Revenues. 159 
 
 Capitular of Charles and Lcwis^ in which it is de- 
 clared, That Biihops ihall be chofen by the Clergy 
 and People of the Diocels, accordiilg to the Ca- 
 nons (t\ he faith, That this is a Conftitution in* 
 tirely conformable to that of the holy Fathers ^ 
 and that the Holy Spirit Ipoke no lefs by the 
 Mouths of thele 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 Ele^lion 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 Canonifts teach : So 
 that neceffarily either the Canonifts muft err, or 
 thofe Authorities quotted by the Biihop of Lucca. 
 And if the elefting their -own Biihops were a Li- 
 berty which Jesus Christ had bequeathe to 
 every Church and Diocefi, conibnant to the Doft- 
 line of the Fathers and Councils, they are not fo 
 much in the Wrong who lay, That the Court of 
 Rome hath put all the Churches in Chains and 
 Bondage, under the Colour of defending their -Li- 
 berties ■^. 
 
 (t) Sacrorum Canonum non 
 ignari, ut in Dei nomine fcincta 
 Hcclefia iiio liberius potiretur 
 honore, adlenlum ordini Ec- 
 clefiaftico prsebuimus, ut lei!. 
 Epilcopi per eleftionem Cleri 
 & populij fecund, ftatuta Cano- 
 num de propria Diofcefi, remota 
 
 perfonarum & mufierum accep- 
 tione ob vitse merituni, & ia- 
 pientiae donum, eligantur, ut 
 exemplo &; verba ilbi iubjeftis, 
 ulq; quaq; prodeffe valeant. 
 Capitulary lib, I, cap.J^, Sec 
 the page 2. cf Article 15. 
 "^ :)ee Article 7. 
 
 CHAP. 
 
i6o Of Ecclesiastical 
 
 CHAP. XXXVI. 
 
 HAving fet forth the various Methods whereby 
 the Church has acquir'd her Riches, our 
 Subject requires, that we ihould now be as particular 
 in the Methods taken to prelerve them. In order 
 to which, in dired Oppolition to all the Pradice of 
 the Primitive Church, all fort of Alienations are 
 forbid. For tho' the Churches, after they were 
 made capable by tlie Laws to acquire Eilates, re- 
 tain'd both thefe which were given in Preient or 
 bequeath'd, the Biihop had ftiil the Liberty, not 
 only to make ufe of the Revenues, but even to fell 
 the very Eftates for the Maintenance of the Mini- 
 llers of the Altar, and t(elief of the Poor "^ ^ and 
 to bellow in Charities, according to the Exigencies 
 of the Times : And this Power of Difpenfation 
 extended itlelf not only to the growing Rents, as 
 in thele Days, but to the Eftates themlelves, and 
 every Branch of Revenue. Which ?x 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 Bi/hops had but a little to manage, and were of 
 Imall Authority, which afforded them no Oppor- 
 tunities of great Tranfgreflions. But when the 
 Churches grew rich and powerful, a Fulnefs of 
 Fortune, and the Reputation and Intereft waiting 
 on thofe Circumilances, brought the Bilhops into 
 the Temptation of employing fome Part of the 
 Revenues at their own Plealure, and iiifpir'd them 
 with a Boldnefs to attempt things, which would 
 
 * Vide Can. 23, 24, & 26. j 
 Gauf. 12, q. I. 
 
 not 
 
Benefices and RcvcnueSi 16 1 
 
 hot ordinarily have been permitted ; then they be- 
 gan to exceed all Bounds of Modefty, aad then 
 Dilpenfations of Charity grew into DifTIparion and 
 Profufion. 
 
 This made it necelTary to provide againft this 
 Evil, but the Remedy was to come not from the 
 Eccleliaflicks, but from the Seculars, who indeed 
 had born all tlie Lois : As for any Diminution of the 
 Ellates of the Church, the Poor, wJio had the lafb 
 Part ^, only felt it, and not the Clergy, who liad 
 the two firft Parts; 
 
 As the Churches of Rome and Cor.ftamJnofle were 
 the two principal and molt conliderable, it was pro- 
 per to begin the Cure there. Accordingly Leo the 
 Emperor, by an Edid (i), in the Year 470- forbad 
 all fort of Alienations in the Church o'lGonfiamino^ie, 
 And in the Year 483, Bafdm^Cecha Prafcftus Pre- 
 torioy Captain of the Guards to Odoacer King of 
 RomCy by a Decree made in the Church during the 
 Vacancy of the See, upon the Death of Pope 
 SimpUclus (2), orderM, that the Eitates of thQ 
 Church fhould not be alienated : And to the three 
 lucceeding Popes (3) nothing appeared extraordinary 
 in all this. But Odoacer being extinft, and ail his 
 Greatnefs with him. Pope Simmacus in the Year 502^ 
 aflembled (4) a Council of all Italy ^ in which he 
 repreiented as a great Ablurdity, That a Lay-man 
 
 * Se6 the Articles or Chap- 
 ters 7 and 9. 
 
 CO This is Cod. 14. de 
 
 peror, and made bimfelf be 
 calFd King of Rcwn : That 
 Rows might change its Tittle, 
 
 facro'fanBU EcckfiUy which is as well as its Prince* lib* i 
 the Law of Leo and Antemim, j H(/?. (f Florence. 
 
 (2) Odcacer^, iaith MatchtaA (^) Fctlix II. according td 
 vely havingpoffefs'dhimrelf of'othes the III. Gelafua I, and 
 the Empire, kilVd (?re/?ff, ^ndl j^naflafim U. 
 put to Flight his Son An? uflu"] (4) At Ravema, 
 li») quitted the Title, of Em- « 
 
 M ijiouli 
 
16::- Of EccLEsiASTiCAt 
 
 ihonid make Conllitutions in the Church ^ and with 
 thQ Advice of that Council, declar'd them invalid * 
 But to avoid the Sulpicion of his defigning to fo-! 
 ment any farther Diforders, it was decreed in the 
 fame Council, That neither the Foman Pontiff, nor 
 any other Minifters of that Church, could alienate 
 tny of her Eftates (5), 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 necelTary in all the other Churches 1 
 And therefore Anaftafms extended the Law of Leo to 
 all the Churches liibjeft to the Patriarchat of Cos* 
 ftantmoflej prohibiting them alio to alienate (5). 
 
 But in the Year 535, Jufllman made a general 
 Edict, which comprehending all the Churches of 
 the Eafl:, the Weft, ofjfrkky and even all Reli- 
 gious Places, which forbad all Alienations to any 
 Purpole wh^tfbever, unlels in the Cafe of fuftain- 
 ing the Poor in the time of Ibme extraordinary 
 Famine, or for redeeming Captives (7) ; in which 
 two Cales, Alienations were not only allow'd, con- 
 formable to ancient Cullom, but St. Amhrofe maketh 
 mention, that the Eftates of the Church, and even 
 th^ conlecrated Veliels (a)y might be fold. 
 
 («)) This Canon is reported 
 hy Grat'mny Cauf, 12, ^. 2. 
 Cfnon, Ncn Ikeaty 2C. 
 
 (6) It is the 17th Law, CoiJ, 
 ^facro-fanflif EccJefiU, 
 
 il) It is the Novel yth, 
 cap. 1. t'it, I. ccU,2, 
 
 (a) 1^0 redemption. Capti- 
 vorum, faJth St. Thomas, & 
 aliis neceffitatibus paupsrum. 
 
 vafa cultuf divino dicata diftra- 
 huntur, ut Ambrofius dicit 
 2a. 23e. quaefl. 185. art. 7. in 
 reip. ad 3. Videtur, faith Cs^- 
 jetan. Ibid, quod in cafii ne- 
 ceiTitatis pauperumpoiret poitio 
 Ecclefix fabricse debita pro pau- 
 peribus difpenfari — Nam prin- 
 cipalis intentio juris ad fabricas 
 vivas refertUF. 
 
 Thij 
 
Benefices and Revenues; 163 
 
 This L2iW of Jufiiniaii was obferv'd in theWeftem 
 Empire(8), whilft Eome remained liibjcft to the Em- 
 perors of the Eaft ^ and there are many Letters extant 
 of St. Gregory y which make mention of Goods alie- 
 nated for the Redemptioh of Chrilliari Slaves r* 
 And for the Space of 200 Years^ from FelagiuslL 
 to Hadrian I. Cp), the Roman Church was at an in- 
 credible Expence to redeem themielves from the 
 Ravages of the Lumbards^ to fave their Towns that 
 were befieg'd, and to purchale Safeguards for the 
 Country : And thQ lame Pope Gregory gives a clear 
 and fatisfadory Teflimony of this Matter in his 
 Time. 
 
 The currant Doftrine which is advanc'd at this 
 Day, that the Goods and Eftates of the Cliurch 
 are exempt from the publick Taxes, foimd no 
 Countenance in thole Days ^ but on the contrary, 
 thole Ellates were the firll that were employed, be- 
 fore any Contributions were laid on private Families. 
 And it never yet came into Difpute, whether Princes 
 have Authority to make Laws, which befides the 
 Force of Cuftom and Prefcription, is founded ori 
 the ftrongeft Foundation, if we confider theie 
 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 
 
 (8) This Law was confirmed 
 by CharJemaigny as to the 
 Churches, \shich. wqxq fub di- 
 Hune Rmana, lib. 2. Capitular 
 cap. 29. 
 
 (9) PeJagm was chofen in 
 579. aiid Hadrian in 772. 
 
 (10) See chap. 9. of the Con- 
 ^itntionso? EwanuelComnetiius:) 
 who began to exempt the 
 Chui>ches of the EaU from thefe 
 
 Payments; and the X^w i. of 
 the Tbecdcjian Code, de annona 
 ^ trtbutis, ^ ibi Gcthfredy a» 
 alfo the Cancm 21, ^ 22. Cauf, 
 23,^.8. 
 
 (11) For in the iiril Ages of 
 rhriftianlty, the Name of the 
 Church was common to all the 
 Congregation of the Faithful, 
 as well as the temporal Htlatei 
 of the Church. 
 
 M 2 
 
 meum- 
 
164 Of Ecclesiastical 
 
 incwmbent on the Prince, to provide for their Pre- 
 lervation. 
 
 After the Empire was ^ftablifli'd in Charlemaigrfy 
 and the Roman Laws had loft their Force, the Abufe 
 crept in again ^ which occaiion'd feveral Prohibi- 
 tions in leveral Councils (12}, chiefly in France ^ 
 where the Dillipations of the Church Eilates were 
 moft extravagant (13). But after the Popes had 
 
 infinuated 
 
 (12) The Councils of Afe^zax 
 and BeavoU, held in 845. Can, 
 17 and 18. of thefirft. Can* 9, 
 and 4 of the 2d. CcnciL JJga- 
 tbenfc annl 506. fub Clcdveo, 
 Can. 7. Cafellasvel mancipiola 
 Eccleiiae Epitcopi, ficut prifca 
 canonum praecepit authoritas, 
 vel vafa minilterii, quali com- 
 mendata iideli propof]tO;,integro 
 EcclefisJ jure, poffideant, id eft, 
 ut neq; vendant, neq;perquor- 
 cunq; contraftuSj res, unde 
 pauperes vivunt, alienare prae- 
 fumant. Quod fi necefTitas 
 certa compulerit, ut pro Eccle- 
 lljeaut liecelfitate, aututilitate 
 vel in uiuFru(ftuj vel in direda 
 venditione, aliquid diftrahatur, 
 apud duoi? vel tres Comprovin- 
 ciales, vel vicinos Epifcopos, 
 caul'a qua necefle fit, vendi, 
 primitus, comprobetur, & ha- 
 blta difculTIone lacerdotali, eo- 
 rum lubtcriptione, quae tada 
 fuerit venditio roboretur. Aii- 
 terfa<fta venditio^ vel tranlaAio 
 non valcbit. 
 
 (15) If the Eifhops of France 
 did not make Wafte of the 
 
 longcir in Force thei'e; butbe- 
 caule neither the Conftitution 
 of Zeo in 470, nor that of 
 u^najiafiui, nor of '^uftiniany 
 were comprehended in the Tb^o- 
 dcftan Code, which had hQQii 
 publiih'din438. which was 32 
 Years before the Edid of Leo. 
 For the Gallican Church ac- 
 knowled«'d no other Laws, 
 than thole of this Code. 
 
 Ut omnis Ofdo, faith the 
 Capitular <?/ Lewis theDebonair, 
 fecundum legem Romanam vi- 
 vat. torn. I. pag, 690. 
 
 Hoc etiam volumus, ut qua- 
 lilcuncj', Francus Ripuarius ter- 
 vum luum pro remedio animse 
 fuse fecund, legem Romanam 
 Hberum fticere voluerit, ut in 
 Ecclefia coram presbv teris, dia- 
 conis, feu cundo Ciero, & plebc 
 in manu Epifcopi fervum cum 
 tabulis tradat> & Epilcopus 
 Archiadecano jubeat, ut ei ta- 
 bulas fecundum legem Roma- 
 nam qua Eccleliae vivunt, fcri- 
 bere faciat. Regino, lib. 1, de 
 Ecckfiajiic. difcipUnus, cap. 405. 
 Janus a Ccfla ad tit. Extra de 
 
 Church Eftates, it was not for Ifirvis nsn crdinandisy pag." 116, 
 the Kealbn Fra. Paul gives, j So that it is no wonder if 
 ihAi the JK^;;;^» Laws were no ; Chark/mign permitted th& Ei- 
 
 fhop* 
 
Benefices and Revenues. 165 
 
 infinuaced themlelves into the greateft Share of the 
 Government of other Churches, finding the general 
 Prohibition to prevent Difllpations, rendered in a 
 great Meafiire ineffe£hial by the Biihops, who found 
 Pretexts to except all particuhu* Cales out of the ge- 
 neral Law, they made divers Ordinances^, from 
 from the Year 1000, until 1250, in vi^hich were 
 prelcrib'd certain little Forms of Solemnity and 
 Ceremony, which the Biiliops were oblig'd to ob- 
 ferve, and which lerv'd as fome Reftraint and Ciicck 
 to this Profufion -f". And Crego-ry X. § in the Coun- 
 cil of Zyo^/, held in the Year 1274, order'd, that 
 befides thefe Forms, Alienations ihould not be good 
 without Licenfe from the Pope ^ which hath been, 
 and is oblerv'd to this Day ^ no Alienation being 
 ever allow'd, unlels the Utility of it be evident. 
 
 But this Utility hath not fail'd to be particularly 
 remarJc'd and cenliir'd as a real Injuftice. For tho' 
 the End of all Contracts is to make Things equal, 
 an Advantage on one Side turning to the Detriment 
 of tiiQ otlier, yet the Canonilts have ventur'd to 
 determine the Utility which the Church ought to 
 receive in alienating ^ fome of them having been 
 pleas'd to lay, that it ought to be a 3d Part of the 
 Value, others, a 4th : Which hath intirely put an 
 End to the Cuftom of felling Eftates to maintain 
 the Poor in an extraordinary Famine, or to redeem 
 Slaves ; iince in their Conitruftion, this muft have 
 
 fhops to difpofe the Filiates of; * See the Canon, Alienations 
 
 the Church, Capitular i 3. in- CauC 1:2. q. 2. ann. 1123. 
 
 certi anni, cap, 3. torn, 1. column \ 
 
 527. Nor if in the German] "{ See the Chap. i. de rebus 
 
 Laws, tit, 20, the Alienations. Eccleiiaenon alienandis in Sejito, 
 
 of thefe Goods be forbid to j 
 
 none but the Prieils, torn, i. § Chap, 2. de rebus Eccle- 
 
 Capifulfir, *;ol, 62? 1 fise non alien^ndis in fexto. 
 
 M 3 turned 
 
l66 Of Ecclesiastical 
 
 turned to the Lois, and not the Advantage of the 
 Church. 
 
 And thus Things leem to be inverted : To fell 
 and give to the Poor (6), which in former Times 
 was the higheft Chriftian Perfedion, would, at this 
 Day, incur great Cenfures : And it no\v eonfifts in 
 retaining the Poflelhons of the Church, without a 
 Power even of making any Exchanges, or changing 
 the Property of them on any Occalion whatfoever, 
 unlels upon an evident Advantage : And the Laws 
 againft Alienations, which were begun in Favour 
 of the Laity againll the Church-men, are now 
 turn'd in their Favour, againft the Laity. 
 
 (b) Omnes, qui credebantj 
 poirelfiones & fubft^ntias vende- 
 bant, & dividebant ilia omni- 
 bus, prout cuiqj opus erat, 
 
 Vendite quse poflidetls, & 
 date Eleemolynam, Lucas 12, 
 
 Si vis perfe<9:us efle, vende 
 quae habes, 6c da pauperibus, 
 Matth, 19. 
 
 Si neceffitas immineat paupe- 
 ribus erogandi, faith St. Tho- 
 mas, fupef flua cura eft, & inor- 
 dinata, ut aliquis in futurum 
 confervet (bona Ecclefiae) quod 
 Dominus prohibet. Mattb, 6, 
 Dicens, nolite foliciti efCe in 
 Craftinum. 2a, 2<e. quafl, 185, 
 art J, infne. 
 
 GHAP. 
 
Benefices and Revenues 167 
 
 CHAP. XXXVII. 
 
 BUT to rctmntoth^Bcd^rmon of demerit IV. 
 and Clement V. and the avow'd Doftrine of 
 thole Times, which gives the Pope the Right of con- 
 curring with all Collators of Benefices, and even of 
 preventing them : This prov'd of no great Advan- 
 tage, except from the vacant Benefices in the neig^ 
 bouring Places to Romey where the Vacancy would 
 loon be tnown. As for thofe which happened in 
 Places remote, the Power of concurring or of pre- 
 venting was of no Service to the Court, becaule th^ 
 Ordinary would have dilpos'd, before the other 
 could have Notice of the Vacancy. 
 
 This put the Court upon an Expedient, which 
 made an univerlal Change as to the Benefices, and 
 intirely dellroy'd the ancient Inftitution through- 
 out the whole Catholick CJiurch. This was the 
 Relervation, a Decree, whereby the Pope declares 
 before a Benefice be vacant. That no Perfon fliall 
 ttike upon him to confer it when it Ihall be vacant^ 
 and that if any Collation fhall be made, it Ihall be 
 void. 
 
 And becaule this Matter was lo odious in the 
 World, Cas all the Comments that are made upon it 
 confels) that it was to be uled very fparingly, and 
 great Management was required in preparing and 
 making it to be received, the abfolute Refervatioi^ 
 which Clement IV. had made of all Benefices, vac an- 
 tes, in C«rM, appear'd too fevere : Therefore Grc^ 
 
 M 4 gory 
 
i68 Of Ecclesiastical 
 
 gory X. (i), reftraln'd it to a Month only ^ at thp 
 End of which he allow'd the Collators to make the 
 ordinary Provifions. 
 
 Clement V. (2) added to this, the Refervation of 
 the Benefices of the Cathedral Church, and of the 
 Monallery of St. Crofs of Bourdeaux for one Time, 
 or Prelentation only (3). 
 
 (0 Statutum Clementis Pa- 
 pae pr?edec noftri de dignitati- 
 bus, & beneliciis in Curia ro- 
 mana vacantibus, nequaquam 
 per alium cjuam per Rom. Pon- 
 tificem conferendis decernimus 
 taliter moderaiidum : ut ij ad 
 quos eorundem beneficiorum 
 fpeftatcollatio, (Ututo prsedifto 
 non obftante demum poft men- 
 fern a die quo beneiicia ipia va- 
 caverint, numerandum ea con- 
 ferre valeant, 6 Decretal 3. tit. 
 dc prabendis, cap. 3. Nos tot 
 maUsoc:urrere cupientes, om- 
 nes& fingulasdifpeniationeslub 
 recjptioni, aut retentione plu- 
 rium dignitatum quibus cura 
 animarum iit annexa — cuicunq-, 
 peribns concefias (Cardinalibus 
 tamen S. R. E. qui circa nos 
 univerfaii Ecdefige ierviendo, 
 iingu'arum Eccleilarum como- 
 ditatibus {e impendunt, ac Re- 
 gum iiliis duntaxat exceptis) 
 \fcr at Rome the Cardinals 
 Regibus asquiparantur.J duxi- 
 mus taliter moderandas, quod 
 per moderamen noftrum e/Fre- 
 natam talium beneiiciorum mul- 
 titudinem refrenemus, ipilque 
 impetrantes fruftu difpenfatio- 
 rium hujufmodi to taliter non 
 fruftrentur.Statuimusitaq;quod 
 pbtinentes nunc ex dilpcnlatione 
 leg'tima pluralitatemhujulmodi | 
 beneficiorum - — unum tantum 
 
 ex beneficiis, quibus cura im* 
 minet animarum cum dignitate, 
 vei beneficio fine cura quod bar 
 bere rpaluerint, poflint licitc 
 retinere. And one Vage aftery 
 Quse omnia & fingula beneficia 
 vacatura, v^el dimilFa, noftrae, 
 & fedis A poft. diipolltioni re- 
 lervamus : Inhibehtes ne quis, 
 praeter Rom. Pontificem de hu- 
 jufmodi beneficiis diiponere, vel 
 circa ilia per viampermutatio- 
 nisp vel alias, innovare quoquo- 
 modo praefumat. Extravag. tit, 
 de prab. cap, Execrabilis, 
 
 (■7) Who fucceeded next to 
 him. 
 
 (3) Specialiter Burdegalen- 
 tem Ecclefiam, & monafterium 
 fan(a3e Crucis Burdegalenfis, 
 ordinis St. Benedi(fti — ik gene- 
 raliter Patriarchales, Archiepif- 
 copales, Epifcopales eccleilas, 
 Monafteria, Prioratus, nee non 
 Canonicatus Prsbendas ecclefias 
 cum cura vel fine cura, ti alia 
 quaelibet beneficia ecclefialHca, 
 qu3s apud fedem Apoftolicam 
 vacare nolcuntur adpraefens, & 
 quae toto noftri Pontificatus 
 tempore vacare contigerit in fur 
 turum> provilioni, collationi, 
 ac dilpoiitioni noflrae, & fedis 
 ejufdem, hac vice, authoritate 
 Apoftolica refervamus. Extrav, 
 Cotnmun,- 3. tit, de prabendisy 
 cap. 3, Pope 
 
Benefices and Revenues. 169 
 
 Pope John XXII. his SucceiTor, made a little 
 larger Step, in a Conftitution he made to reform the 
 Pkirah'ty of Benefices, which prohibits the holding 
 more than one Benefice with Cure of Souls, and the 
 holding more than one without it, but with Dif^ 
 penfation : And with Exception to the Cardinals, 
 to which this was not to extend : Commanding far- 
 ther, that thofe who had more Benefices iliould re- 
 lign them ^ and that for the future, whoever took 
 a Benefice, who was poffels'd of one already, fhould 
 refign the firfi: -y which refign'd 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 Ipecious : And tho' the Re- 
 lervation it contain'd had no other End than advan^ 
 cing the Intereft of the Church of Rome^ however 
 this was made to pals only as an accefibry Advan- 
 tage, and not the chief Defign ^ and which at the 
 iirft View feem'd to be without Confequence, becaul^ 
 the End to which it tended, did not then difco- 
 ver itfelf. 
 
 The many profitable Examples this Pope hath 
 left to his SuccefTors of heaping up Wealth by the 
 Collation of Benefices, make it necefiary to dwell a 
 little longer upon this Head. Many BiiliopricliS 
 he divided (4), and when a rich Benefice was 
 vacant, he gave it commonly to one who poifefs'd 
 
 a 
 
 (4) Adeo rebus novis ftudult, 
 faid Platina in his Life, ut 6; 
 iimplices Epifcopatus bifarii^m 
 diviferit, ac divilbs in unum 
 redegerit, 6c Abbatias in Epif- 
 copatus., & Epifcopatus in Ab- 
 batias viciffim tranftulerit. No- 
 vas quoq; 4ignitates nova Col- 
 legia in Ec;cleiiis conftituit^ ^c. 
 
 He divided that of TouJoufe 
 into ijve, ereding it into an 
 Archbilhoprick, and making 
 Suffi-agansthe four Cities which 
 he difmembred from its Diocefs, 
 vi^, Mcntauhan^ Zavaur, Rieux, 
 and LombeX' He like wife af- 
 fign'd Vamizx to it, which 5f- 
 ni\'<ic^ YIII. had placed under 
 
T70 Of ECGXESIASTICAL 
 
 a leiTer Benefice already, that this might be given to 
 another : And he manag'd lb well, that he made 
 one Vacancy fbnietimes produce 11 x Prelentations ; 
 removing always from a lefler Benefice to a greater, 
 and filling the leall Benefice with a new Beneficiary ^ 
 fb that Money was drawn from every one of them, 
 and every one contented. 
 
 J^arbon, of \shichUiky Alet^nd 
 St. Pons ek Tomiers were made 
 Suffragans by a new Ere(?\:ion. 
 He diimembred Caflres from 
 the Biihoprick ofAlbiy St. Flour 
 
 from the Church of Oerwonty 
 Vabres from that of Rbodes, 
 and TuUesfrom that o? Limoges ^ 
 and placed them under tlie 
 Archbiihoprick of Bourses, 
 
 CHAP, XXXVIII. 
 
 T*1 H I S Pope invented Hkewilc the Annates (i), 
 an Impolltion upon Benefices never before 
 heard of, and which for Ibme Time, occalion'cj 
 great Scandals. 
 
 When the Emperors or Kings conferred any Be- 
 nefice, if thole wiio were Candidates made any Pre- 
 lent, or agreed to pay out any part of the Revenues 
 as a Confideration for obtaining it, the Popes in- 
 veigh'd Iharply againft it, alled^ing that Palfage in 
 
 (i) It is not certain whether 
 "^ohn XXII. invented the Jn- 
 ),jates or not, Flatina afcribes 
 them to Boniface IX. Tum 
 Tcro Ponifacius, faith Platina 
 m his Lije, five vice comitum 
 poteiJtiam veritus, fiveaugendse 
 ditionis Ecclefiaftic^e cupidus, 
 ^nnararum ufum b'neficiis Ec- 
 Cicliaftids primus impofuit, 
 
 hac conditione, ut qui benefit 
 cium coniequeretur dimidium 
 annul proventus fii'co Apoftolico 
 perfolveret. Sunt tamen, qui 
 hoc inventum Joanni XXII. af- 
 cribant. See GuirKter ad tit, 
 de Annatis in pragmat, fan^, 
 verboy Annatarum^ pag, 468, 
 Edit* Franc, Pinfcn, 
 
 the 
 
Benejices and Revenues, 171 
 
 the Golpel, Gratis acafifilsy gratis date^ Matth. lo, 
 calling fijch a Contrad Simonaicai, and a fetting to 
 Sale Spiritual Things : And Ibme Popes went io 
 far as to call in Herefy. Others again there were, 
 who refining upon it, made great DiftinO:ion betwixt 
 the Minillery of Jesus Christ, which confifted 
 in Binding and Loofing, and the temporal PoifeC 
 iions annexed to Benefices ^ and that there was no 
 Inconveniency in Princes adigning fbme Part of 
 thele Temporalities to the Service of the State (i)\ 
 of which Matter there was a Iblemn and publick 
 pilcuflion. 
 
 But this Reafbning did not fatisfy Icarn'd and 
 pious People, for tho' the Revenues of Benefices 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 allowed, as it is at 
 this Day, that the Popes had Realbn to condemn 
 this Pradice, and call it Simony. And it was the 
 firfl Occafion taken by them, to deprive Princes of 
 the Collations of Benefices. 
 
 But after the Popes had afTum'd a great Part of 
 the Power to themlelves, of which they had ftripr 
 ped the Emperors, J^/^w XXII. in the Year i'^i6. 
 iiiade a Decree, That for three Years, whoever obr 
 tain'd a Benefice of more than 24 Ducats of yearly 
 Rent, ihould pay one Year's Value for Expedition 
 of his Bulls'^ : Which at the Expiration of the three 
 
 (2)Thore who had the Power 
 pF prefenting, fa^s the Author 
 of the Council of Trew^, lib. 6. 
 ieeing, that befides a fpiritual 
 Power, they convey'd tempo- 
 ralities withalj vh(, the Reve- 
 nue of theBeneficejthey thought 
 they had a Right to fome tem- 
 poral Confideration, and there- 
 fore thofe >vho obtain'd a Bene- 
 
 fice were obliged to comply 
 with the Condition of the Col- 
 lator. 
 
 * See the Chapter Cur» non^ 
 nuUiS II. tit, 2. deprxbendis G? 
 dlgnitat, in Extrava^, Communk 
 And the Decretal otCkm. VIL 
 chap, 2. de Annatis in 7.i?(?- 
 cretaU 
 
 Year3 
 
ly^ Of Ecclesiastical 
 
 Years came to be renew'd again, as well as continu'd 
 by his Succeilbrs, tho' in divers Places it met with 
 Oppoiltion : Some Places coming to an Agreement 
 to pay only the half of the Annate others to pay 
 only for Ibme particular fort of Benefices, and that 
 the reft ihould be exempted. 
 
 This Tax was reckoned 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(3). Princes like- 
 wile found it a jnighty Grievance, by its draining 
 their Countries of lb much Treafiire, without ma- 
 king any lort of Return : Befides, that this Exac- 
 tion being attended by a Train of other Expences 
 in Bulls, Difpenfations, and other preparative Pre- 
 lents, the Money which is the Sinews of Power, was 
 irretrievably funk, contrary to the Courfe of other 
 Trafficks. 
 
 When firft the Pope introduced this Kovelty, 
 the Generality of People were not capable of dif- 
 cerning the Difference betwixt this Payment and 
 that which had been fb much decried, when Princes 
 conferred the Benefices : But all the Learn'd Men 
 of thole times univerfally condemn'd it as Simonia- 
 cal (^), from its firft Eftabliiliment. hi Procefs of 
 
 Time, 
 
 (3) It was for this Reafon 
 that Bernard del Bene Bifhop 
 o^Nip^eS) faid to the Council 
 of Trent, That he could not ap- 
 prove the Jnnafes, neither as 
 to the Proportion, feeing a 2Cth 
 Part of the Income he thought 
 fiifHcient, nor as to the Time 
 of Payment; it not feeming 
 reafonable that any Payment 
 ihould be made before the End 
 
 of the Year> Fra, P40I0, lib, ?, 
 Cone, Trent ^ . • 
 
 {a) Saepe quaefitum e(\:, faith 
 a great Lawyer, an jure poifit 
 exigi, & haec fere Theologofum 
 efl: opinio jurifq; Pontificii con- 
 fultorum Roman. Pontificem 
 lege Simoniaci ambitus ut cse- 
 teros Epifcopos teneri, ii pro 
 lacris minifteriis pecuniam ac-: 
 cipiat. Net, in cat, i. dc Sitrion, 
 Nam 
 
Benefices and Revenues* 173 
 
 Time, Ibme of the Doctors let themfelves on Work 
 to defend it : So they grew divided in their Opini- 
 ons J fbme cenfiiring it as unlawful, fimonaical, 
 and prohibited both by J^aws Divine and Human y 
 others defending it as a Thing allowable, 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 fit, as be- 
 ing the abfolute Patron or Mafler of all the Fruits 
 without Exception : And laftly, others, to give the 
 finifliing Stroke, went )h far, as indeed they could 
 go no farther, and declar'd, That whatever Con- 
 tra^i the Pope ihould make in the Collation of Be- 
 nefices, he could not be guilty of Simony (H). 
 Which if it were true, that all the Goods of the 
 Church were his, were an undeniable Confequence, 
 fteing every Man may make what Contrads he plea- 
 les in the Management of his own Eflate, without 
 
 Nam praeter Canones qui pecu- 
 niam omnino exigi vetant, hoc 
 genus ve<aigalis a lynodo Ballli- 
 enfl damnatum eft, i<c paena 
 amhitus adverfus eos, qui hac 
 via ad I'acra minifteria Eccbfls 
 graflantur, 6: adeo adverlus 
 iplumPontiiicem ftatutaj^ejf 2 1 
 Nee I'ati^ perlpicio ut le excu- 
 fare polfint hoc modo promoti a 
 Pontifice quoniinusinCanonum 
 poenam incurrantj <& tanquam 
 vitio creati, ut veteres ioquo- 
 bantur, dignitatem honoremq; 
 Ecclefiafticum amittant, ii quis 
 ad prilc3e Inftitutioiiis Normam 
 potius, quam receptee conlue- 
 tudinis^ haec exigere velit. Nam 
 quoquo le yeitant Fontilices, 
 quibufcunq; decretis, conflitu- 
 ticmibus, pa^ilqj banc e^aoUo 
 
 nem tueantur divinum oracu- 
 Jum Temper iis opponemus, 
 gratis p.ccepiftisj gratis datis. 
 Clcff.prag. tit, ds Annatis puar. 
 (k benef, lib, 6, cap, 3. 
 
 Vide Nic. de Ciemang's de 
 Annatis non folvendis. 
 
 (b) St. Thomas contradids 
 this in exprefs Terms : Papa, 
 faith he-, poteft incurrere viti- 
 um Simoniae, ficut & quilibet 
 alius homo, quamvis enim res 
 Ecclefix lint ejus ut principalis 
 Difpenfatoris, non tamen lunt 
 ejus ut Domini 6^ polfelToris. 
 ht ideo li reciperet pro aliqua 
 re fpirituali pecumam de re- 
 ditibus Eccleliae alicu us, non 
 icareret vitio Simon is, 2i^«^ 
 \2dx. qusflk ICO. art. I. 
 
 Injury 
 
174 C)^ EcctESlASTICAt 
 
 Injury to any other. But in this Cafe there leems 
 to be a conliderable Objeftion, which is, That nei- 
 ther GOD nor Man have leem'd to give their 
 Conleht to it. 
 
 In Fine, John XXI I. was lo intent upon ttikkin^ 
 the moft of every thing, that in the Space of 20 
 Years he heap'd up an immenle Treaflire : And tho' 
 he put no more Reftraint upon his Expehces or his 
 Bounties, than his PredeceiTors, yet he left 25 Mil- 
 lions at his Death. John VilUrs laith, that in an 
 Inventory of this Pope's Eilate which his Brbther 
 made by Order of the facred College, he found 
 1 8 Millions of coined Money, and 7 Millions va- 
 lued in Plate and Ingots (4). 
 
 . The 
 
 C4) PJatma hath Reafon to 
 fay, at the End of his Life, 
 that no Pope never left fo 
 much: And it is obfervable 
 what Tlatina relates in the Be- 
 ginning of his Life, that this 
 Pope declar'd all thofe for He- 
 reticks, who affirm'd that Jefus 
 Chrift and his Difciples had no 
 Property in any Goods. 
 
 Ecsj faith hey declaravit per- 
 tinaces & haereticos, qui affir- 
 maverunt Chriftum, & ejus dil- 
 cipulos nil privati vcl proprii 
 habuifle ; quod certe, adds he 
 very .pertinently i non multum 
 cum faflra Iciiptura convenit 
 qu3e multis in locis teftatur 
 Chrift urn ejufq; dilcipulos nil 
 proprii habuille, ut illud Evan- 
 gelii : Qui non vendiderit om- 
 nia quse habet, & pauperibus 
 dederit non poteft meus tK<d 
 difcipulus. [jhe exprefs IVcrds 
 tf the Cofpel arC) Omnis exvo- 
 
 bis qui non renunciat omnibus 
 quae pofKdet non poteft eKe 
 meus difcipulus, Zuas 14.] 
 It is certain, that John XXIL 
 knew better, but as a good Ca- 
 nonift he pretended to be of 
 this Opinion, the better to efta- 
 blifh that which made him ab- 
 folute Mafter of all the Goods 
 of the Church: "Whereas he is 
 really no more than the princi- 
 pal Difpofer of them; as 5ti 
 I!hof77as Iheweth in the Article I 
 juil now quotted. 
 
 To this Refledion I will add 
 another, which is, That the 
 GaUican Church hath never 
 been more burden'd, nor more 
 injur'd in its Rights, as to the 
 Collation of Benefices, than by 
 the French Popes : Witnets the 
 Bulls of Clement I¥. V. and 
 John XXll. reported by the 
 Author; and what Meier ay 
 ftith of Ckmnt VIL Pope of 
 Avignon : 
 
benefices and KeWmies. i^jt^ 
 
 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 iuth. Benefices, to be paid every 1 5 Years (c\ 
 as by being annex'd to Monafteries and Holpitals, 
 were never vacant •, from whence this Tax had the 
 Name of Quindenmum'*', Taut II. laid it (5) only 
 on the Benefices united by the Popes, fince the 
 Year 1417. But Paul IV. extended it to all Benefi- 
 ces united before that time : And Sixtus V. took in 
 not only thofe which had been united by the Apo- 
 ftolick See, but aU fuch as ihould be united by 
 Legates, Nuncio's, Biiliops and any others. 
 
 But to return to the Original ofAmmteSy Thole 
 who oppos'd this Invention of John XXII. with a 
 Zeal to hinder its Ipreading farther, did not obtain 
 their Ends ^ but on the contrary, contributed to 
 the Defence of them, and to furniih the Popes with 
 an Oceafion of e'xtending the Impolition yet far- 
 4:her : Juft as the Oppofition, made alio in thafc 
 Days, to thQ Refervations, produced the flime Ef- 
 
 Avignon: fAll the ExaAions 
 and Violences^ faith he, in the 
 Lite of Charles VI. cannot be 
 xel^ted without Indignation^ 
 which were committed upon 
 the Clergy, The 36 Cardi- 
 nals oi Avigncn were f<? many 
 Tyrants, they had every where 
 their OfRcers with expecflative 
 Graces, which fwept away all 
 the Benefices ; the Offices of 
 the Cloyiber [Jes offices Claufl- 
 reux in the Frencl^ the Com- 
 raanderies retain'd the beft of 
 thefe, and Ibid the other or 
 let them to Farm : Clement 
 himielf, beildes pofTelTing him- 
 ieif of all the Spoils of the Bi- 
 
 Ihops, and of all the Abbots- 
 that dy'd, and his taking one 
 Year's Rent of all Benefices on 
 every change o? theTitulary> . 
 whether it happen'd by Vacan- '\ 
 cy, Refignation, or Exchange,, 
 ravaged the GaUican Church b/ 
 an Infinity of Violences aad ■ 
 extraordinary Taxes. 
 
 (0 Propterea quod beneficia 
 unita hujuGnodiampliusvacare 
 non i'peraretur, & exinde Ca- 
 mera ik OlHciates fedis A poll, 
 detrimentum npn modicum pa-- 
 teretur. 
 
 * SeeChaptert 4, and 5. di 
 Annatu in 7. Decretal. 
 
 (0 Near the Year 1470, 
 
 tea-v 
 
176 Of EcCtESIASTICAjL 
 
 fe£t J the Court of Rome never failing to get any 
 Abufes juftify'd by fiiitable Dodrines* 
 
 And therefore BemdiEl XXII. (6\ Succeflbr to 
 John XXIL under the Affectation of more Care in 
 providing proper Perfons, and fiich as were every 
 way fitted for their Charge, referv'd to himlelf, 
 but for his own Life only, the Difpofal of all the 
 Benefices vacant in Curiae as had been formerly 
 pradis'd, as likewile of all vacant by Deprivation, 
 or Tranflation to other Benefices ^ of all fiich 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 Eftates, 
 and to liTch as were carried to Eome upon Bufinefs, 
 and happen'd to dye either going or coming, about 
 40 Miles diflant from the Court *, and laftly, of all 
 Benefices vacant by the Incumbents having taken 
 another (J). 
 
 Thele 
 
 {6) James Tournier, Monk 
 of the Order of Native 
 
 of the Diocefs of Pawie^ in 
 Xanguedoc^ chofen Decemb, 20. 
 
 ^334- . . , 
 
 Id) Gerimus m noftris de- 
 fideriis, ut debemus, quod per 
 noftrse diligentia ftuaium ad 
 quarum libet Ecclefiarum & 
 Monafleriorum regimina 6c alia 
 beneiicia Ecclefiaitica viri af- 
 fumantur idonei, qui praefint, 
 & profint — Omnes Fatriar- 
 chalesArchiepil'. & Epifcopi Ec- 
 cleiias, & etiam Monafteria, 
 prioratusj dignitates perfona- 
 tus, nee non Canonicatus & 
 praebendas, cseteraq; beneficia 
 Ecclefiaftica cum cura vel fine 
 cura, ^c. Nunc apud fedem 
 Apoftolicam quocunq-, mode 
 
 vacantia, & in pofterum vaca- 
 tura, nee non per depofitionem, 
 vel privationem, feu tranflatio- 
 nem, aut muneris confecrationis 
 fufpenfionem per.fel. rec* Joaft- 
 nem Fapam XXII. leu ejus 
 au6t-oritate faAas, & per nos, 
 feu authoritate noftra faciandas 
 ubil bet: Nee nonfi — renun- 
 ciationem admitti per nos, ve I 
 authoritate noftra contingeret 
 apud fedem praediftam. Ac 
 etiam per obitum Cardinalium 
 & Qflicialium dii^ae fcdis — 
 & quorumcunq; legsetorumj 
 ilve nunciorum, ac in terris 
 Ecclefiae Romanae re<5lortim & 
 thelaurariorum — nunc vacan- 
 tia & in antea vacatiira, ubi- 
 cunq; diftosiegatos vel nuncios, 
 leu rcftores aut thefaurarios, 
 antequam 
 
Benefices and Revenues. ijj 
 
 Thele Relervatlons fo compreheniive, and which 
 fo much reftrain'd the Authority of the Ordinaries, 
 and brought fo many Benefices into the Hands of 
 Foreigners, yet being declar'd to take Place only 
 during the Life of this Pope, were let pafs and ad- 
 mitted. But it was not to be imagined that any 
 thing once eftabliih'd, by him that has the Power, 
 a Prince lb much for his Lntereft (^), tho' for ib 
 ihort a Period, would ever be limited within its 
 iirft Bounds. 
 
 Clement VI. (j) SuccefTor of BencdiEl XII. made 
 the fame Refervations. This induc'd IdivardlU. 
 King of England^ who faw all the Benefices of the 
 Kingdom falling into the Hands of Foreigners, by 
 means of Refervations and expe^lative Graces, to 
 forbid, on Pain of Death, any provifional Benefices 
 made by the Pope, to be receiv'd within his King- 
 dom. The Pope wrote with great Concern to the 
 King, defiring him to revoke his Orders. The 
 King, in Anfwer, befeeclf d him to make a Refbr- 
 
 antequam ad Rom. curiam re- 1 
 dierint, feu venerint, rebus] 
 Gjcimi coritigerit ad humanis. j 
 Nee non quorumlibet pro qui- 
 bufcunq; negotiis ad Rom. cu- 
 riam venientium, feu etiam re- 
 cedentium ab eadem, fi in lo- 
 cis adida curia ultra duas dix- 
 tas legales non diftantibus, vl^. 
 \Jn places net dlftant mere than 
 tivo good Days Journies from 
 Rome3 jam torfan obierint, vel 
 eos in antea traniire contigerit 
 de hac luce — Nee non etiam, 
 qu:fi per effecutionem quorum- 
 cunq; prioratuum, dignitatum, 
 & aliorum beneficiorum colla- 
 torum, ik conferendorum in 
 pofterum, nunc vacantia, & in 
 antea vacatura, diipofidoni ^ 
 proviiioni noftrs> donee jjdih- 
 
 rationis divinae dementia nosi 
 univerlalis Ecclcfia; regimini 
 prxfidere conceiTerit, relerva- 
 mus, ^c, TbU Decree is in 
 January, 1335. 
 
 (f ) Qux gravia ac intolleran- 
 da (ed necsilitate armorum ex- 
 cufata etiam in pace manlere, 
 faith Tacitus, Hid. 2. that ii tc 
 fay,^ The Exaftions ^vero ex- 
 cus'd as neceffary, during the 
 VNar, yet they ceas'd not in 
 Peace. When a Right is once 
 eftabliili'd, 'tis no longer in the 
 Power of Subjefts to hinder its 
 being perpetuated;, and even 
 encreas'd. 
 
 (1) ^eter Roer ArchbifKop 
 oi' Rdieny Son it the Lord ot 
 Rcfe in Llmfn, 
 
 N 
 
 matron 
 
lyS Of Ecclesiastical 
 
 mation in Things which were an apparent Difhonoiir 
 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 Perlbns, contrary to the Will ot thQ 
 Tellators : That his Kingdom was lenlibly im- 
 pair'd every Day, by the Impofitions of the Court 
 of Rome : That the Popes were certainly delign'd 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 
 Popes Requefl; and now they would {kt thofe 
 Ele^ions afide, tho' introduced by themfelves, and 
 uiiirp the Dilpoiition to themfelves : That, finally, 
 there was a Keceflity of returning to the old Ufage, 
 which was, That the Princes fhould confer the Be- 
 nefices themfelves (/). 
 
 This Diiference, which lafled during the Life of 
 this Pope, however brought his SucceiTor Innoc- 
 ent VI. ("8), to revoke all his Refervations(^^), by a 
 
 (/) Cui Papae Rex Angliae 
 de concilio Cleri, & populi An- 
 glici refcripfit, quod in concel- 
 iiones hujus, quas ipfe Papa 
 faceretj prselertim advenisj, qui 
 therauros Ecclefix deferrent, ik 
 in proviiiones Prselaturarum 
 nullatenus conrentir£t,quIa cum 
 olim Reges Anglise Ecciefiarum 
 Patronide confenfu fedis Apo- 
 ftolicK Capitulis ccncefTerint 
 eleclionem, 11 Papa padia hu- 
 juimodi non fervaret, res in 
 priflinam revefteretur naturam. 
 Alhertus Argentinenfis/'w Cbrc- 
 nice, anno 1342. 
 
 (8) Stephen of j^ J bert> of the 
 Count}^ of £h??cfln, Eiftiop of 
 Clermcnt, 
 
 (g) Mortuo Clemente Papa 
 infra 14 dies eleftus eft concor- 
 diter Stephanus de Prinu, Cla- 
 remontenjfisFrancus, qui fuerat 
 lummus Faenitentiarius Cle-' 
 mentis^ & Oftienfis Epifcopus, 
 & vocatus eft Innrcerftius VL 
 qui in die Epiphanise Domini 
 poftmoduiVi coronatus ftatim 
 revocat omne.s Refervationes 
 faftas per Papam Clemehtem;, 
 exceptis majoribus prselaturis, 
 & in omnibus oftendit fe rigi- 
 dum etiam erga Cardinales. In 
 eodem Chronico, Anno 1352. 
 Nauclerus ad anno 1352. voh 2. 
 jjensratime 46, - 
 
 Bull, 
 
Benefices and 'Revenues, 179 
 
 Biill, which begun with the Word Tafloralls : Of 
 this Bull many famous Canonifls maks mention, 
 the' at this Day it is not extant, any more than 
 many others^ whereby thole Abuies and Uliarpa- 
 tions would have been laid open : As by the lame 
 Arts, the GlolTes or Interpretations have been rob- 
 bed of every thing that made not for the Pretenfions 
 of the Court of Rome, But the Indices Exfurga- 
 torii (9), carry yet a much worle FacC;, which were 
 
 made 
 
 (9) The Churchmen, iaith 
 our Author, in his Treatile of 
 the Inqui/ition, have callrated 
 all the valuable Books, and lup- 
 prefs'd every thing which might 
 lerve for Defence of the tempo- 
 ral Authority. 
 
 In the Year 1607. a Book was 
 printed at Rome, call'd Jn^ex 
 Expurgatorim, in which all the 
 guilty Places were mark'd and 
 condemned, as deferving to be 
 cut out of certain Authors : 
 Which make it difcernable at 
 the Inftant, which are the Paf 
 fages which have been changed 
 or iupprefs*d infeveral Authors 
 of good Reputation, that had 
 the Misfortune to maintain the 
 Authority given by God to 
 Princes. 
 
 So that it is not po/Tihle at 
 this Day to know the Senfe of 
 one of theie Authors by reading 
 his Book, there being no other 
 Edition to be found, than that 
 which hathbeen io correfted by 
 the Court of J^twe. But that 
 which appears of all the moll in- 
 credible,ij:' it were not to be feen 
 • in Print is, the Decree made by 
 C'/cw. Ylll. in the Catalogue o'i 
 
 forbidden Bcokf, of the Edition 
 of the Year 1595. tiiat all the 
 Books of Catholck Authors, 
 wrote fmce the Year 1 5 i <; . 
 fhould be corre£led, not only 
 by retrenching what was not. 
 conformable to tile Doctrine cf 
 the Church, but alfo by adding 
 what ihould be judged proper. 
 i^In libris Catholicorum recen- 
 tiorum qui pod annum Chri- 
 ftianse fa utis i^i'). conicripti 
 fmt, ii id quod corrigendum 
 occurrit paucis demptis, aut 
 additis emend ari poll'e videa- 
 tur, id correctores ac'endum 
 curent, fm minus, omnino de- 
 !eatur. \_De crretVontfUbrorum:, 
 §3.3 And tho' it is but fix 
 Years, laith be, fince this Pre- 
 cept hath been publilh'd, yet it 
 hath conilantly been put in Prac- 
 tice for thele 70 Years. Ifthere- 
 fore the trueDc(5lrine con.cenfmg 
 the Authority of Princes, be r.d 
 longer to be met with in Books, 
 but another altogether in Fa- 
 vour of the Church -men, we 
 know v.'hohath taken away the 
 one, and fubllituted the otbet 
 in its Room. Finally, we may 
 reft fatisry'dj thjt we have no 
 1^ 2 Book 
 
l8o Of ECCLESIASTIGAI. 
 
 made hy the Doftors of the Church, fubfervient to 
 that Church, of all Books *, in order to accomodiate 
 tlicm to its own Interefts, before they were fuffer'd 
 to go abroad. 
 
 Some few Years after, the RefeiTations coming 
 again to be revived, and to gather Strength, the fame 
 King Edward y m the Year 1 373. lent an AmbafTador 
 to Pope Gregory XL then at Avignon ^ to prels him 
 to annixi the Refervations intirely : Which at length, 
 
 Book left on this Subjea, ge- 
 ruin, and conformable to the 
 Original. 
 
 And in the ^. 2. it is faid. 
 That all Propofitions which are 
 againfl; Immunities, and Eccle- 
 fiaftical Jurihdicftion, or which 
 give Authority to that tyran- 
 nical Polic}-, which the Secu- 
 lars fally call Reafon of State. 
 Expurga?itl€ funt prcpcfdicnes 
 ofua funt centra Vibcriattmy im- 
 tnunitatem^ ^ iitrifdiElionem 
 Eccle[iafllcat?2. Under Colour 
 of corre<5i:ing or lupprefling thele 
 Propofitions, they expunge 
 every thing that makes for the 
 Interell o^ Princes. Item qux 
 tyrankam PoUtlam Jovent, ^ 
 quam falfo vocant ratiomm fla-- 
 tus deleantur, 
 
 By this way of rcafoning, all 
 Princes are Tyrants •, for how- 
 ever juft and religious they are, 
 there can be no Government 
 
 without a Reafon o^^ 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 lib, 6. 
 Cone, Innt^ [That the Court 
 
 of "Eiotne never found a more 
 valuable Secret to make Man- 
 kind degenerate into Brutes, 
 than to deprive them of the 
 Knowledge which is neceffary 
 to defend them from its Ufur- 
 pations.] 
 
 What therefore muft be the 
 Confequence, if ourMagiftrates 
 continue to allow the Church- 
 men to fupprefs good Books > 
 The Doftor who hath placed 
 the Hiftory of the Council of 
 Trent in the Catalogue of pro- 
 hibited Books, in the Year 
 1685. may, perhaps, haveaft- 
 ed out of great Zeal ; but fome 
 of the moil 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 ^reat Service to the 
 Court of Rome, he has done a 
 great Diirervice to the Crown 
 of France, 
 
 * See Nauclerus in Chronics 
 vol. 2, gener, 36 CS* 47. Albert 
 Krant^ hi hi ft, Saxon, lib, 10. 
 cap.i!^. ^ in hift. Vandal, lib, 9. 
 cap. 6. ^' Gaguin^ lib, 9. cap. 2, 
 in Carok Y. 
 
 after 
 
Benefices and Revenues i8i 
 
 after two Years m Agitation, were, in th^ Year 
 1375. totally aboliili'd by this Pope. 
 
 But a great Schilm arifing in tiie Chiircli upon 
 his Death, which happened in the Year 1 378. and 
 produced two Popes, and conlequciitly two Courts, 
 the neceiTary Expences to liipport them were alio 
 doubled, to which muft be reckon'd the extraordi- 
 nary Occalions for prolecuting the War with Ri- 
 gour againft each other. Thus all hiventions for 
 railing Money, and fleecing the People, were iht 
 on Work with freih Vigour (h) : Simony appear'd 
 no where fb barefaced, the two Courts holding an 
 open Market for Benefices (0 \ and every ElTay was 
 made, that was pofhble, to flrip the ordinary Collar, 
 tors of the Right of prelenting. 
 
 Hitherto the Court o^ Rome had not taken off the 
 Mask, nor had \o avowedly own'd that PaHion ihe 
 had for Money, and that it v^/as the ultimate End 
 of all her Anions. She had hitherto condelcended 
 to give Reafbns for what fhe did, that carried a 
 
 (hi) Hgec revera de Romano 
 Pontificatu altercatio niultis 
 incommodisjtum alias nationes, 
 turn gentem GalUcam vexavit. 
 Nam Cardinales 3oClementIs 
 caufam lecuti exploratores per 
 Franciam conftituerant, qui 
 Ecclefiarum opulentiores pro- 
 ventus inquirerent quas ReiV 
 oribus vacuas niox fibi a 
 Clemente obtinebant. Tulit 
 quoq; Clemens de vacaturis 
 Eccleliis legem quam expefta- 
 tivam gratiam appellabant, qua 
 ad adipiibendas morte poffeiro- 
 rumEccIefias fas jufq-, expedanti 
 per Pontificem deiignato erat, 
 fo lis ex hac lege Cardinal ibus & 
 potentioribus virisEcclefise con- 
 tingebant. Exigebantur prsete- 
 
 rea a Clero decimse, & de nia- 
 joribus Eccleiiis dum Paftore 
 orbatae erant, primi anni pro- 
 ventus legebantur. Id annatani 
 vocant> quam Camerae Apollo- 
 licse deberi Romani contendunt. 
 Gaguin, lib. 9. cap, 3 . in Ca^ 
 rclo VL Vide Nic de Ckmangis 
 de corrupto Ecdefneftatu. cap, 27. 
 Juvenal, de Urjinis, in the Life 
 of Charles YI. anno. 1381, 
 JUen Chart ier and NichoJofGiSes 
 anno 1385. 
 
 (/) Tempore ejus(Bonif. IX.) 
 valde infamis curia habebatur 
 de labe Simoniaca, ut beneiicia 
 non tain meritisquam pecuniam 
 offerentibus darentur. Nauckr, 
 in Chrcnios vd. 2, gemr, 47, 
 anno 1389, 
 
 1>I 3 good 
 
l82 Of ECCLESIASTICAJL 
 
 good Appearance to the World, either on Pretence 
 of providing better for the Benefices than the Ordir 
 naries iiiiially did, or of prefering ibme Perfbn of 
 particular Merit (k). 
 
 But Vrban VI. left it no longer to conje^ure, why- 
 he concerned himfelf with the Collation of Bene- 
 fices, when he declared, That no Prefentation 
 ihonld be good, where the Value (/) was not ex- 
 prefTed. 
 
 Heretofore Benefices were given chiefly for Ipiri- 
 tual Purpofes, the temporal Part v/as an acceflary 
 and an accidental Circumllance of Convenience 
 only, and not of the firft Confideration : But afcer^ 
 wards the fpiritual Part was no more Ipoken of, 
 nor tliQ Office or Duty any longer regarded, but the 
 Profits. 
 
 (t) Etfi, faitb Clement V. 
 in temporalium dilpofitione 
 bonorum habenda fit diicretio- 
 nis cautela, pr^ecipue ell ut ea 
 digne ^ laudabllLter dilponatur 
 in EcJellafbicis tamen rebus 
 multo ibrtiiis inviiigare noftra 
 debet intentio, ut juxta perio- 
 nariim conditiones ik (latus ad 
 divini nominis lai^em & ipla- 
 rum utilitatem provideatur ex 
 merito Eccleriafticis perfonis: 
 Cum juxta canonicas fanifliones 
 nil fit quod Ecciefiie Dei magis 
 officiat, quam quod indigni 
 alfumantur ad regimen anima- 
 rum. Extravag, C:mm, I, 3. 
 iH. de Tr<x:bendis, cap.^. 
 
 (I) Item vo'uit quod in 
 gratiis quas qu'burvis perfonis 
 de beneficiis vacantibus, leu 
 certo modo vocaturis^ fieri con- 
 tigerit, illorum & aliprum 
 q u o r u m cunq ; beneficio ru m^qu:3e 
 didse perlbnse tunc obtinuerint. 
 
 feu de quibus his fuerit pro- 
 viilim vel conceffum;> vel man- 
 datum providere verus annuus 
 valor per Marcas argenti, aut 
 Steriingorum, vel libras turo- 
 nenfium parvorum^, feu florinos 
 aurl, aut ducatos, vel uncias 
 auri, leu aliam monetam fecun- 
 dum communem seftimationem 
 exprimatur, nifi perlbnae prae- 
 dictae beneficia, quje tunc oh- 
 tinuerint, aut in quibuS;, vel ad 
 j qux jus eis competit, juxta ip- 
 jiarum obligationes, aut alias 
 idimittere teneantur, alioquin 
 jgratise prsedi^ae funt nullge, 
 iTbis Decretal of Urban is bc- 
 \cowe a ^ule in Chancery , and if 
 the 55^/5 of the Rules or Orders 
 (f the Apifiolirk Chancery^ pub^ 
 Irfoed by Innocent XIX. Vide 
 Rebuif-I ad Rubric, de Annatis 
 in Concordatis, & Felin ad 
 I caput ad aures 8. num. 4. Ex- 
 tra de ReJcriptis, 
 
 Thus 
 
Benefices and Revenues. 183 
 
 Thus it ftands 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 ihall 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 relerv'd, the reft are left at Li- 
 berty. 
 
 By thele Methods the Apoftolick Chamber came 
 to a jufter Knowledge of the value ofthQjmates(^i6)y 
 for if two Perlbns 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 letting 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- 
 lideration more proper for the Annates^ we ihall re- 
 turn to the unhappy Times of the Schifin we men- 
 tion'd, which made lb 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 
 lecond Provifions or Grants, 
 dearer than the iirft, in order to 
 . affure themrelves o£ the Bene- 
 fice. 
 
 What would that holy Ei- 
 ihop 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 benivoja ik. benefica 
 liberalitate veftra nobis mittatis, 
 quo plumbum emamus, non 
 Romanum, fed Anglicum, 
 quoniam Anglico pi umbo te- 
 guntur Eccleflae, nudantur 
 Romano. Steph, lomacenfiSp 
 ep, 147. ad Valdstmrum, 
 
 N 4 
 
 GHAP. 
 
i84- Of Ecclesiastical 
 
 CHAP. XXXIX. 
 
 NO Man denies, but that the Diforders were 
 notorious in the Roman Courts on this Oc- 
 caiion. And that which encrealed them was, that 
 fome Kingdoms and Countries were 16 Icandaliz'd 
 with the Variety of Tricks and Shifts they faw 
 pra^tis'd, that they came at laft to acknowledge 
 iieither of the Competitors for Pope fi). This put 
 them upon the Meceflity of an Expedient, not very 
 endearing to the Subjects, which was, to raife and 
 levy as much upon thole who continued ftili in their 
 Obedience, as they could have expeded from all 
 their Subjefl-s together, had there been no De- 
 J^eclion. 
 
 Germany rcfus'd to liibmit to the Refervations 
 and ExpeOrative Graces, and the Ordinaries con- 
 ftantly prelented, without any Regard to the Ror 
 man Bulls. 
 
 On the other Side, Innocent VII. in the Year 1359. 
 lent a Legate into Germany ^ to grant new Bulls for 
 certain Sums, to Hich as had come in by Epilcopai 
 Collation j and alio to compound for the Fruits 
 
 O) If" all the Chriftian Prin- 
 ces had done the famff, without 
 making themfelves of either 
 Party, the Schifm which lafted 
 «;o Years, would not have laft- 
 ed 50 Weeks : For thole Popes 
 would not have perfifted in 
 Aiaintctining a Dignity, where- 
 
 by they reaped neither Honour 
 nor Profit. Every Body knows 
 the good Effect which the Let- 
 ters of Subftradion had (which 
 is a Declaration of withdraw- 
 ing from Obedience, ^f J which 
 the King of France publilh'd iM 
 the Year 1408. 
 
 already 
 
Benefices and Revenues. 1S5 
 
 already receiv'd (a\ which were quitted and re- 
 lealed to the hicumbeiits^ on condition of reftoring 
 a certain part to the Apoftolick Chamber. But as 
 this would have carried great Sunis out of Germany^ 
 the fem'peror Charles IV. forbad the levying tr em, 
 laying, It was necelTary to reform the Manners of 
 the Clergy, not their Purfes. 
 
 But all thele Confufions receiv'd a confiderable 
 Increale, by the Addition of a third PopeCi), in 
 the Year 1409. to whom tho' France paid Obe- 
 dience, yet ihe flood firm in maintaining the King's 
 £dift'(2), made three Years before ^ ^ by which all 
 Refervations, Annates^ and other Exaftions of thp 
 Court oiRome were forbid, until they were fettled 
 by a lawful General Council. 
 
 {a) Mifit Innocentius Papa 
 legatum fuum Epifcopum Cal- 
 vacenfem pro I'ublidio^Cameraej 
 & dedit ei poteftatem difpen- 
 iandi cum Clericis ad beneiicia 
 curata, vel fine cura ad digni- 
 tates aut ofRcia quae minus ca- 
 nonice haberent, aut fuillent 
 adepti cum fruftibus inde pre- 
 ceptis. E'rant ibi etiam Saxo- 
 nise & Bavariae J^uces, voca- 
 vitq; Imperator legatum, & au- 
 divit eundem iuper comiffis: 
 Quo fafto dixit Imperator, 
 Domine Legate, Papa millit 
 vos adGermaniam in qua mag- 
 nam pecuniam corraditis, led 
 Clero nihil reFormatis. Nauck- 
 rus In Chronlco, vol. 2. gencrat. 
 46. anno 1359. Adde Parali- 
 pomena rerum memorab ilium 
 Cratonis Milii a«. 1375, ^ 
 Chronicon, Gsrmani muti't, an. 
 136c. ■ 
 
 (i) Alexander y, chofen by 
 the Cardinals, who were Crea- 
 tures of the two other Popes, 
 by Virtue of the Subftracftion 
 ordain'd by the Council of 
 P//^, after the Example of that 
 made m France, 
 
 (2) The Cardinal de Thury 
 (faith AdcnftreJet) a contempo- 
 rary Author) came to Parlfy 
 and requefted the Council and 
 the Univerfity there, that they 
 would raife two Tenths upon 
 the French Church ; which was 
 not agreed to, becaulethe Uni- 
 verfity opposed it in the Name 
 of all theChurch, and obtained 
 a Royal Mandate, to all the 
 Kings Officers, commanding 
 that w^hoeyer came [^es meBes 
 de leurs offices^ with fuch and 
 the like Requefls, fhould be^ 
 expelfd the Kingdom. Zife of 
 Cha. VI. 1409. 
 
 * In the Year 1406, 
 
 " This 
 
|86 Of ECCXESIASTICAL 
 
 This King being incapable of Government, all 
 Edifts and At\s of State were iiTued in the Name, 
 or by the Authority of Lervis Duke o^Orleans^ his 
 Brother, who had the Government of hiin. # But 
 tht Duke being kill'd (s)^ it was ealy for Pope 
 John XXIII. to recover the Collation of Benefices iijt 
 Franccj by allowing, that the King, the Qiieen, the 
 Baupliin (4), and all the Houfe of Burgundy ihould 
 have the Nomination of all thofe confer'd on 
 their own Servants, on Condition the Pope ihould 
 liave all the reft. Yet the Court of Rome enjoy'd 
 this Agreement but to the Death of this King \y for 
 0oarlesV\\, his Son. renew'dthe Edias(^). 
 
 In feveral States and Governments o^ Italy ^ divers 
 Regulations were alio made, tending all to remedy 
 thefe Abufes. Baldus teUs us, that even the City of 
 Bologna^ among divers Provifions of this Kind, 
 made an Order, That no more Benefices Ihould be 
 confer d on any but Natives of that City, and of 
 thQ Territory belonging to it. Nor were the Popes 
 m thole Days much conlidered ^ a plain Inftance of 
 which appear'd at Florence^ where ^ohn XXIII. re- 
 iiding at that Time with his Court, was depriv'd 
 
 (3^ By Order of John Duke as alfo the Univerfity. Juvenal 
 
 fy^ Burgundy y his Coufin, an. 
 1407. 
 
 (4 j The Archbilhop of Tlja 
 canie to Farisy lent by Pope 
 jGh72y to treat about the Ex- 
 peftative Graces, and Promo- 
 tions to Prelacies, the Royal 
 Ordinances being then in Force, 
 which plac'd the Difpofition of 
 
 them in the Ordinaries 
 
 The faid Ordinances were an- 
 null'd- for the King, the Queen, 
 the Dauphin, had the Nomi- 
 nation for their own Servants, 
 
 Urjinoruwy in the Tear, 1414. 
 
 (b) Exniliones pecuniarum, 
 quas ab aliquibus retroactis 
 temporibus Curia Romana, 
 feu CameraApoftoIica, fub prse* 
 textu vacantium beneficiorum, 
 aut alias quovis modo & colore 
 prsemilforum applicar. voluit, 
 penitus cefTabunt. Thts Ordi' 
 nance bears Date Apri] igth, 
 1 418, and if repcrted in the 
 Ccnference of Ordinances^ lib. I. 
 tit. 3. part 2. §. 3; 
 
 for 
 
B^yi^fices and Revenues. 1S7 
 
 for five Years of the Collation of Benefices in that 
 State, upon a Diibrder occafion'd by that Pope's . 
 prefenting to a Benefice (c). 
 
 It was to that Age the Court of Rome was behol- 
 ding for fliventionsj fo refin'd and fo ferviceable to 
 her, of Claufes inlerted in Bulls which were perplex- 
 ing and inextricable, dillingniil-iing betwixt the Pe- 
 titions or Requells fign'd Conceffum^ and the others 
 lign'd Fiat (5) : And betwixt thofe Bulls difpatch'd 
 with the Claufe Motu proprioy and thofe with the 
 Clauie Ameferri (6) , which laft gives the Prefe^. 
 rence, and makes the Condition more advanta- 
 gious. 
 
 From 
 
 (c) Fiorentini propter uni- 
 cum abufum a Papa commif- 
 fum ipi conferendo unam Ab- 
 batiam fitam in eorum ditione 
 privaverunt Joannem XXIII. 
 Papam in eorum civitata tunc 
 dcgentem, poteftate conterendi 
 beneiicia in eorum ditione fita 
 ufq; ad quinquennium. MoVm, 
 in notis ad Senatu't'ConfuUum 
 centra abufus Pap. 
 
 (<)) The Difterence betwixt 
 the .Petitions fign'd Concejfum^ 
 and thofe wherein the Pope 
 fays,^ fiat ut petitur, is. That 
 thele latter always grant lb me 
 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 
 o'i t\\Q Concejjumy in this Form, 
 Concejj'um ut petitur in prcefentia 
 Domini ncftri Pap^y with the 
 iirft Letter of his Name, and 
 his Surname betwixt the Peti^ 
 
 tion and the Claufes : And the 
 Ccncsjfum on the Sides of the 
 Claules, 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 Romsy 
 and of Benedict XL Pope at 
 Avignon, 
 
 Charles du Al'olin, ^ in his 
 Notes upon the Edidt, fet forth 
 anno 1406. againft the Exadi- 
 ons o^ the Court of RomCi faith, 
 Benediaus XIIL multas valde 
 anomalas & exorbitantes bene- 
 ficiales & alias gratias, pecunis 
 emungendx gratia, faciebat, fe- 
 quendo in hoc Bonifaciam IX, 
 impium Corrivalem fuum, qui 
 adeo SimonemMagumimitatus 
 eil, ut morientibus Cardinali- 
 bus, qui Simoniam oderant 
 fummopere Isetaretur, velut li- 
 beras habenas habere incipiens 
 ad Simoniam publice exercen- 
 dam. Plus ofierenti indifcri- 
 minatim 
 
i88 Of Ecclesiastical 
 
 From hence it followed, that many Bulls were ob- 
 .tain' d for tJie lame Benefice, which, beiides the j4n^ 
 nates being miiltiply'd by this means, produced 
 Law-Suits, and thele were to be carry 'd on at Rome^ 
 to tiie great Advantage of that Court, ♦o which 
 was added another Improvement, which refin'd 
 again extreamly upon thefe hiventions, this was. 
 That if one of the Parties happened to die, another 
 Litigant was fiibllituted, that th^ Caufe might not 
 die with him ^ hut that from his Death another 
 Annate might arife, by wJiich the LaWrSuits were 
 perpetuated, and in fome Ibrt made immortaL 
 Thele gave Rile again to the Claules Si alteri^ Si 
 neutriy Si nulU : By which, while the Benefice was 
 given to a third Perlbn, the Suit however went on, 
 and was happily prelerv'd betwixt the two firil. 
 
 To remedy therefore thefe Dilbrders and Cor- 
 ruptions, and to put a Stop to thele wretched Liti- 
 gations among their Subjects, Princes were oblig'd 
 to fix the Right of PolTefllon to Benefices, by refto- 
 ring the Cognizance of the Beneficiary Rights to 
 the Secular Power ^ a Right, which however clear 
 in itlelf, the Ecclefiallicks had ufurp'd(7) by the 
 Connivance of the Princes themfelves. 
 
 But 
 
 mlnatim vendebat prioritates 
 datarum. Et hsec jViercimonia 
 palam in Cuiia multis annis 
 exercuit. Et adhuc priores 
 Mercatores eludebat inventa 
 Claufula, Anteferri pro 25 flo- 
 renis ; & hos rurfus per prero- 
 gativum Antelationis pro 50 
 ducatis, iixis etiam multis rt- 
 gulis Cancellariae quas pretio 
 refigeret;, ut late fcribit Thco- 
 doricus a Niem, qui illis prae- 
 fens adfuit, Jib, 2, ca^* 6, ^ fe^. 
 
 (j) The Parliament of ParUy 
 which was in part compos'd of 
 Counfellors that were Clergy- 
 rnen [CounceiUers Ckres~\ con- 
 tributed much to the Diminu- 
 tion of the Authority of the 
 Ecclefiaftical Judges. 
 
 Item Jurifdicftio temporali$ 
 per fpiritualem non debet im- 
 pedire, & li contra fiat. Curia 
 prsefens confuevit compellere 
 I'piritualem ad removendumim- 
 pediojentH talia per captionem 
 I'us 
 
Benefices and Revenues, 189 
 
 But the Regulations made by them againfl all thele 
 Innovations in their Dominions, lerv'd but to 
 iharpen the Induftry of the Court of Rome, to find 
 out other Expedients, which might: have the lame 
 EfFed, under other Pretexts •, as well as to Hipply, 
 by a Multiplication of new Rights, their Defed of 
 Power in Matters, wherein the Interpoiition of 
 Princes had reftrain'd them. 
 
 fuse temporalitatis. Ita di<^U!ii 
 fuitperArreftam Curi^ inPar- 
 Uamento anni 1327. contra E- 
 pifcopum Rhemenfem pro Ca- 
 
 pitulo di6ix Ecclefise. Cap. 29. 
 parth I. St}U CurU Farliam, 
 
 CHAP. XL. 
 
 IT was in thefe Days that Relignations alfb ap- 
 peared in the World, not fuch as were juftihable, 
 and made upon good Grounds, for luch indeed 
 were of very great Antic|iiity, but others of a very 
 different Nature, and which the World, at this 
 Day, by no means approves. It never was alio v/d 
 to Church-men to quit the Cure that had been al- 
 iign'd them, whenever they pleated : For it was 
 highly reafonable, that whoever had undertaken u 
 Charge, and had receiv'd his Recompenfe- for iti, 
 which is the Benefice, fhould continue to perform. 
 
 Neverthelefs, feeing a Cale might h.^ppcn, ui 
 which it might be neceilary, or at leafl reafonable 
 
 (0 Can.fiquivero. Can.fi ; q. i. Can. Sandlrorum 70, dift. 
 quis Presbiter. & Can. EpiCco- 1 Et Yrolar. not. ep. 1 2 t . 
 pum7. q, i» Can, Clericus2i.l 
 
 and 
 
190 Of EcCJLESIASTICAt 
 
 and expedient for a. Publkk or a private Coniidera- 
 tion, that a Man ihould quit his Benefice : From 
 thence came the Praftice, that a Man might, with 
 thQ Permiflion of his Superiors (2)^ for ibme law- 
 ful Caule, renounce. The Caufes that were then 
 allowed to be fo, were hifirmities either of Mind or 
 Body, old Age (3), or the Danger in refiding in a 
 Place, where a Man happened to have powerflil 
 Enemies. 
 
 AfToon as the Renunciation was receiv'd by the 
 Biihop, the Benefice was efteem'd vacant (a)^ and 
 the Collator, confer'd it in the lame Forms as if 
 it had been vacant by Death. 
 
 At laft thefe Renunciations came to be praO:is'd 
 for no luch urgent Caufes, but it grew to be a liif- 
 ficient Caufe, if the Renouncer had a Mind to re- 
 iign 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 Presbyter o, qui Ec- 
 clefiam quam regebat nulla co- 
 gente neceilltate in manu tua 
 refutavit, & per manum Lai- 
 corum cubile fponiae, qua fe 
 indignum, vel quam fe indig- 
 nam, refutando judicavit, cona- 
 tur afcendere^ hoc fraternitati 
 fuse refpondeo, quia juftum eft, 
 ut in judicio, quod de fe judi- 
 cavitj permaneat, & fponfam, 
 ijunm repudiavit, viventefra- 
 tre, qui ei legitime incardina- 
 tus eft, adulterare non praefu- 
 mat. Tup. Car. not. ep. 131. v^^^ 
 cap. -:>. extra, derenimciat. 
 
 (b) Balfamcn on the 76 Canon 
 \_d:s Apcjires^ faith , that an an- 
 cient Bilhop having a mind to 
 
 refign his Bilhoprick to one of 
 his Friends, the Affembly of 
 Biftiops would not admit his 
 Refignation. The Pallage is 
 here tranflated into Latin which 
 Janus a Cofla is very remark- 
 able. 
 
 Tu autem die, quod etiamll 
 non ad fuum cognatum Epifco- 
 pus Epifcopatum tranfmiferit, 
 fed ad alienum, idem erit, Epif- 
 copos enim a Synodis £eri de- 
 cretum eft. Et ideo etiam vita 
 fun(fl:us ille urbis Philippi Me- 
 tropolitanus maximus fuse Me- 
 tropoli fub hac conditione re- 
 nuncians, fi ejus Oeconomum 
 urbis Philippi Metropolitanum 
 pro fe ipfo lancfta Synodus con- 
 ftitueret, non eft exau^itus, led 
 exaudiit, quod fi res quas poft 
 eieftionem ex Ec^clefJse reditibus 
 acquiret, non poteft dare, vel 
 
Benefices and Revenues. 191 
 
 a iiew Thing requlr'd a new Name, it was calFd 
 Refignatio ad favorem ; because it was in his Favoiir 
 only, to whom the Refignation was made, and ia 
 order to bring him into the Benefice, The Supe- 
 rior indeed is at Liberty to admit the Reniinciatioii 
 or not, but he camiot admit it, without giving ti^ 
 Benefice to the Perlbn nam'd by the Renouncer. 
 
 This fort of Reiignation, tho' it were a plain 
 way to introduce hereditary Succeiiion into Bene- 
 fices, and therefore prejudicial to the Eccleiiallical 
 Order, yet it turned to the Advantage of the Court 
 01 Eome^ as it made Collations of Benefices more 
 frequent, which produced more Annates. Avarice 
 and ocher worldly Alu:d:ions having wrought upon 
 the Frailties of many Perfbns, to follicit and f.ike 
 Benefices, not with Intention to keep them aUyays, 
 but only until a better fell, or upon the Credit of 
 Hich Preferment, to treat with m.ore Advantage 
 upon Ibme Marriage, or other important Change 
 of Condition ^ or to keep it for fome Child, who 
 was not come to Age : A Pra^ilice, which among 
 pious Men hath ever been iield inexcufible. It is a 
 receiv'd Opinion, that whoever takes a Benefice with 
 Defign to renounce it, cannot in Confcience receive 
 the Fruits : Which Ibme again of larger Confciences 
 affirm not generally of all, but only of iuch as re- 
 ceive the Profit;;, tho' they defign to quit thf: Ec- 
 clefiaftical Orders; And feeing Refignations- ki- 
 favorem redounded to^ his Profit, through wli'e-ic 
 Hands they were to pafs, the Court of Rorae^ to 
 engrofs tf^m all, forbad the Bifliops to receive any- 
 liich Refignatioris, refcrving this Right wholly to 
 
 ^idquosvultti'anfmitterejnulto | 52. CcnnL Ccrthag. ^ 23 >^.';- 
 magis Epifcopatum, f^uU Can,, ' ineh, ^ ca>h I7> atuf^'J* q- i» 
 
 the 
 
1^2 Of ECCLESIASTICAI. 
 
 the Pope (4.). But becaufe many Incumbents, when 
 they drew near their Ends, took this Courle of 
 appointing themfelves a SuccefTor, a Rule was made 
 in the Roman Chancery, That no Refignation ad 
 favorem, made by a lick Incumbent, fliould be va- 
 lid, unleJs he Hv'd 20 Days after the Relignation 
 had been accepted (c)* 
 
 (4) According to the Cano- 
 nifts;> there being none but he^ 
 who can exempt from Simony. 
 See the Gloff. ad cap, 4. extra 
 departs verbo illkitce ad cap. 12. 
 de officio dekg. verbo^, dimittere. 
 
 {c) Item voluit quod flquis 
 inlirmitate conftitutus refigna- 
 verit aliquod beneficium five 
 fimpliciter;, five ex caula per- 
 iliutationis, ^ poftea infra vi- 
 
 gir.ti dies a dieper ipfum reiig- 
 nanteinpraeftandiconrenfus com- 
 putandos, de ipfa iniirmitate, 
 ac ipfum beneficium conferatur 
 per refignationem faiftam, col- 
 latio hujufmodi nulla fitj, ip- 
 iiimq*, beneficium per obitum 
 vocarecenfeatur. This Rule U 
 the I (^th of the Roman Chancery, 
 Vide du Molin ad banc reg. 
 num.63. 
 
 CHAP. XLL 
 
 WHILST the holy War lafted, or there 
 were any Hopes of its revivng, the Pre- 
 tence of fo pious a Defign was a large and conftant 
 Channel of Wealth to the Churchmen : But the 
 Oiferings of devout People ceaied with thefe Hopes : 
 And this Spring of Devotion being dried up. In- 
 dulgences, and Remifiions of Sins were thought of 
 in their Room ^ to be beilow'd on thofe, who 
 ihoiild conrribute with their Purfes to ibme Work 
 of Piety : And every Day new Woiks of tJiis kind, 
 were let 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 Share. And this Matter was 
 
 carried 
 
Benefices and 'Revenues. ic^^ 
 
 carried io high, that every one knows the Changes 
 (i) which were wrought by thefe Indulgences, in 
 Germany y from the Year 1 5 1 7. 
 
 In our Times Pope Fius V. made a Conftitution, 
 by which he annul'd all tht Indulgences, granted 
 with the Claule of Manus adjutrlces (2) : That is to 
 fay, with a Condition of paying Money. Yet this 
 hath not been able to put a Stop to fo gainful a 
 Traffick as thefe Induigencies aitbrded. 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 laved without giving. 
 
 (1) The Schifm of Martin 
 Luther. 
 
 (2) Omnes &fingulasindul- 
 
 gentias, etiam perpetuas 
 
 psrquofcunq; Romanos Ponti- 
 iices prsedecelTores noftros, ac 
 etiam nos, Tub quibufcunq; te- 
 noribus, & formis, ac cum qui- 
 bulVis claululis & decretis, ac 
 ex quibufvis etiam urgent! fli- 
 mis caufis, etiam caufa redemp- 
 
 tionis captivoriim, & alias quo- 
 modolibet conceflas ; pre qui- 
 bus ccnlequendis manus lunt 
 porrigendse adjutrices, (lie quse 
 qujefluandi tacultatem quomc- 
 dolibet continent - - authoritats 
 Apoftolica, tenore prsientium, 
 perpetub revocamus, caHamus, 
 irritamus, & annullamus, ac 
 viribus vacuamus. 7 JDscretaL 
 tit, 15. cab, I. 
 
 o 
 
 CHAP, 
 
194- Of Ecclesiastical 
 
 CHAP. XLII. 
 
 T^ H 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 
 cncrealing their Revenues. The Monks had now 
 no longer the Reputation of Holinefs and Striftnefs 
 of Life, they had formerly maintain'd : And the 
 fervent Zeal, which had appear'd fo univerfal on 
 Occafions of the Croilado s, was not only cool'd, 
 but wholly extinguifli'd. The Fryers-Mendicants 
 only, who were all inflituted fmce the Year 1 200. 
 had therefore fome Credit left in the World, be- 
 caule they had parted with their Capacity of ac- 
 quiring real Eftates, and were under a Vow of li- 
 ving upon Oblations and Alms only : So that the 
 Belief was not ill grounded, that their Acquilitions 
 of real and fix'd Eftates would have ended here. 
 
 But the Prerogative of the Apoftolick See was a 
 iealbnable Expedient at H^md, to aid them in this 
 Exigence ^ by Virtue of which, a Power was gran- 
 ted to this Order, of acquiring real Eilates ^ tho' 
 both by their Vow and Inflitution it was forbid : 
 And as they had many Friends, who were greatly 
 devoted to their Order, and had great Inclinations 
 to enrich them, if it had been prafticable, no Iboner 
 law this Way open to their Bounty, but the Con- 
 vents of thele Mendicants in Italy y Spainy and other 
 Countries, became, in a Hiort time, very liifficiently 
 endow'd with real Eftates. 
 
 Fra?jce alone opposed this Innovation, faying. 
 That feeing they came into that Kingdom in^der 
 thQ Pro felfion of Poverty, they ought to perlevere 
 in it : Neither have they Iiitherto ever been fiiffer' d 
 
 to 
 
Benefices and Revenues. 195 
 
 to acquire Eftates there (i) : Whereas in otiier 
 Places they had made very conliderable Improve- 
 ments, particularly in thofe times of Schilm, when 
 all the reft of the Clerical Order were very low in 
 
 In the Council of Conftance th.Q Schilhi was ex- 
 tinguiih'd, by one of the Popes having renounced ( 2 j, 
 and the two others having been depos'd (3 j) : And 
 in the Year 1417. Martin V. ('4) was elected Pope 
 by the general Council. 
 
 Great Hopes were entertained^ that the Council 
 and the Pope together, . the two moft powerful 
 Concurrents upon Earth, would have gladly united 
 in the Rem.edy of fo many Abufes as had crept into 
 the Dilpenflition of Benefices. And in Effect the 
 Council propos'd to the Pope the Reformation of a 
 Train of Diftempers, which would have employed 
 the skilfulleft Hands, namely, Relervations, Avnates^ 
 Expc^lative Graces, Commmd-imsy and Collarior.s. 
 But the new Pope and his Court, whole Defire of 
 
 ( i) The Parliament of VarU-, 
 faith he, towards the End of 
 his Council of Trent^ did not 
 approve the Decree which al- 
 lowed Mendicants to poflefs 
 real Eilates, alledging that this 
 Order having been receiv'd in 
 France^ under a very different 
 Inftitution, it was not juft to 
 allow them on other Terms; 
 
 Intered:, and who . do every- 
 thing for Charity, and after 
 they have got a Stock of Repu- 
 tation, the Court diipenleth 
 with their Vow, and puts it in 
 their Power to enrich them- 
 felves. See the Conference of 
 Ordinances, Ziv, i. tit. 0, 
 part 2 c, 2. § 'J. 
 
 ( 2} ,7r^« XXIII. after he had 
 
 and that it was an Artifice in I. fled from the Council, and 
 
 the Court of Ro»7e, to draw to ' ' 
 
 themlelves the Eftates of the 
 
 Laity: Firll, in luffering the 
 
 Monks to gain Credit in tlie 
 
 World, by the fpecious Vow 
 
 of Poverty, which made them 
 be regarded as People void of took the Name 
 
 O 2 
 
 h-en brought back again, and 
 depcs'd. 
 
 (3) Grocery XII. and Ber^^d.-i} 
 XUI. 
 
 (4) Otbp Cohtmna created on 
 St. Martina Eve, ^vhe^xe he 
 
 b€:ng 
 
196 Of Ecclesiastical 
 
 being at Rome{-^) was llronger than that of any Re- 
 formation ; meeting with the fame Impatience in 
 all the Fathers of the Council, who were wearied 
 with the long Ablence from their own Houles, 
 made Way for the Refolution which was eaiily 
 agreed to, of adjourning the Dilcuffion of 16 knotty 
 an Affair, and of ib mucJi Length to a future Coun- 
 cil ; which was intimated to be intended to be held 
 at Tavlay five Years after, and fo that Council broke 
 up. 
 
 The French not being willing to ftay fb long as 
 the next Council, .a Decree was made in the Parlia- 
 ment ofParlsy that no Obedience fhould be paid to 
 this Pope, unlefs he iirft admitted and acknowledged 
 the King's Edid ^6), which fupprefs'd the Relerva- 
 tions, and the Exactions of Money in France, And 
 wiien MdYtin lent a Nuncio into France^ to give the 
 King notice of his Election, the King made anfwer, 
 he would acknowledge the Pope on Condition, that 
 the elective Benefices fhould be conferred by Electi- 
 on, and the Refervations and ExpeO:atives be abo- 
 liih'd. 
 
 The Pope agreed to it for that time, but having 
 gain'd fome Members of the Univerfity to his 
 Party, in the Year 142Z. he attempted to make the 
 Refervations be again receiv'd. However he faii'd 
 in the Attempt, and they proceeded to Imprifon- 
 ment of all his Adherents (7) : And upon his put- 
 
 (5) Both the Pops and his 
 Court were equally apprehen- 
 live, that the Council Ihould 
 meddle too much in Affairs, 
 and p.netrate too far into the 
 Secrets of the Papal Miniftry. 
 The Council was doled A]>ril 
 22, anm 1418. after having 
 
 continued three Years and a 
 half. 
 
 (6) 0£ April 13, 1418. Sec 
 the Conference of Ordinances, 
 ZiL T. tit. 3. part 2. §^ CS" 4. 
 
 (7) TheReftor of the Uni- 
 verfity, and divers others of 
 the Members or Fellows. 
 
 ting 
 
Benefices and 'Revenues. 197 
 
 ting the City of Lyons under Interdi£lion (8), the 
 Parliament forbad Obedience to it. 
 
 Thus the Dilpute lafted till the Year 1424. when 
 Matters were comproniisM betwixt them, and they 
 came to an Agreement, That his Holinels ihonld 
 admit all the Collations made before the Agreement, 
 for good 5 and all his Mandates for the future fhould 
 be receiv'd. But the Attorney and Advocat-Gene- 
 rals, with many of the great Men, oppos'd the 
 Execution of it, and reprefcnted the Prejudice it 
 would be to the Kingdom, ib effectually, that the 
 Agreement vaniih'd. 
 
 (8) Becaufe that City obey 'd i 
 the King's Edia. ' 
 
 CHAP. XLIII. 
 
 WHILE thefe things were afting, the Coun- 
 cil of Pavla open'^ (i), which was loon afl 
 ter remov'd to Siema (2), and foon after that li- 
 nifad there (3) with great Expedition ^ no Affair 
 of Moment having been tranfafted there, only great 
 Expectations given, that the Council which was to 
 be held at Bafi feven Years after that, ihould make 
 a thorough Reformation. 
 
 (0 Towards the End of the 
 Year of 1423. 
 
 (2) Becaufe none were pre- 
 fent at the firft opening tills 
 Council, but the i'ope's Nun- 
 
 cio's, and two Abbots, in all 
 fix Perlbns. 
 
 Cb) For he was under great 
 Apprehenfions of being depos'd 
 by a Council, as '^ohn XXIIl. 
 his Pred^celFor had been. 
 
 O 3 
 
 About 
 
198 Of Ecclesiastical 
 
 About the End of thole feveii Y^ars Pop^ Martin 
 died, to whom fiicceeded Eugene IV. (4). During 
 whole Reign, in the Year 1431. the Council of 
 Bafil at Jail took in hand the Reformations, lb ne- 
 ceffary and fo long wanted, of Abuies in the Col- 
 lation of Benefices. All Relervations were prohi- 
 bited, except of thole Benefices, which were vacant 
 in Curia : And the Expe6tatives, the Annates^ with 
 all the Equipage of that Kind, and other Exadions 
 peculiar to that Court aboliili'd. 
 
 The Pope finding fuch a Check given to his Power, 
 and luch important Branches of his Revenue cut off, 
 let himlelf to crols the Mealiires of the Council ^ 
 and firll tried to get it remov'd to lome other Place, 
 where he might have the Prelates more at Com- 
 mand. But they were too powerful to let this De- 
 fign take place, and after many Iharp Contells 
 betwixt the Pope and the Council, which pious 
 Men, by interpofing Day after Day, had hi- 
 tlierto found fome means of compromifing. At 
 la ft, there was no avoiding an irreconcilable Breach, 
 the Council flood firm to the Refolution of putting 
 a final Stop to thele Exactions, and the Pope to main- 
 rain his Authority and Revenues. The Pope dilbl- 
 ved the Council j the Council depriv'd the Pope (7), 
 
 (^) Gahrkl Ondolmero, Ne- 
 phew and Creature ofGrfg'.XII 
 depos'd i<i'^. 
 
 (<,) Open'd.7«/>'23, 1431. 
 
 (6) He would have had it at 
 Boh^nay a City in the Eccle- 
 
 {landing betwixt the Pope and 
 the Fathers of this holy AfTem- 
 bly, fpr if on their Side they 
 made appear their Defign, to 
 put a Bridle on his Authority, 
 by maintaining ftrenuoufly the 
 
 fiaft'ick State. In 1438. he re- ' ancient Rule, that the Council 
 mov'd it to Ferrara^ and in is above the Pope : He Ihew'd 
 i4^g, to Florence* I himfelf no lefs concerned to 
 
 (7) Ade?eray(i{ith) there never htive them feparated, I/j t'hs 
 |iad bsena perfe«flgood Under- Life c/ Charles VII. 
 
 and 
 
Benefices and Revenues 199 
 
 and chofe another (8). This bred another Schilm 
 in the Church. France and Germany receiv'd the 
 Decrees of this Council : And in the Year 1438. 
 the famous Pragmatick (9) was publiih'd in Frafice^ 
 which reftor'd the Eleftions to the Chapters, the 
 Collations to the Ordinaries, and aboliih'd the Re- 
 fervations : In which it purfu'd tiie Steps of the 
 Council of BafiL 
 
 (8; Amadeus y\\\,DMkco^ 
 
 Savcyy who had refign'd his 
 Dominions to his Son, to turn 
 Hermit, yet quitted his Her- 
 mitage again to be Pope. He 
 wasele«fted in the Year 1439. 
 and owned by France:^ Germany 
 and the greateft Part o£ the 
 "Wefl:, till the Death of Eugene, 
 After which the Princes tak- 
 ing part with Nicb:I^ V. he 
 was induced, part by Entrea- 
 ties, part b}' TVicnaces, to con- 
 fent to the Re-union of the 
 
 Church, and to renounce the 
 Pontificate, which he accor- 
 ding!}' did in the Year 1449. in 
 the fame Council, which he had 
 remov'd from Bafil to Laufan 
 in Switzerland. After which, 
 the Fathers confirmed the E- 
 leftion of Nicholas, made two 
 Years before, at Rome, by the 
 Cardinals of Eugene's Party. 
 Amadeus had taken the Name 
 ofFd//'x V. 
 
 (g) Aii'ierny calls it the Bul- 
 wark oi' the Qallican Church. 
 
 CHAP. XLIV. 
 
 IN Italj/y where this Council never was receiv'd, 
 and the Adiierence to the Pope was very gene- 
 ral, the Relervations had taken deeper Root. Every 
 Pope renewing them with Eale, and introducing 
 new Pretenfions and Impofitions, and fhewing no 
 Inllance of Mitigation in the Pvigour of any of 
 them, except where fome Expedient had been found 
 to work the lame Elie£l an eafier v/ay. 
 
 But this Invention feem'd to be brought to its 
 higheft Perfection under the Popes Julian II. and 
 
 O 4 Leo 
 
aoo Of Ecclesiastical 
 
 Z.fo X. who firft introduced Mental Refervations, 
 caird alfo Refervations inTeEiore (i) h ^^^^ who, un- 
 der the Privilege of keeping their lecret Thoughts 
 to themfelves, us'd not to declare them in the ordi- 
 nary Gourfe of other Refervations, nor were they 
 ever known till the Ordinary came to confer a Bene- 
 fice, or fome Candidate tp ask it ^ when it was an* 
 fvver'd by the Datary, that the Pope had referv'd it 
 mentally (2) : So grofs a Delufion lafted fome Years, 
 Jiowever it fell after into Difufe (3), having prov'd 
 ufelels and inconvenient even to thofe who firft con^ 
 triv'd it (4). 
 
 Other Methods were alio flrain'd, and carry'd 
 to the iitmoft Pitch they would bear. For to the 
 Reiignations in Favor em^ which were already 16 
 well el^abliih'd, another Abufe was added, which 
 was to refign only the Title of the Benefice, and 
 to referve all the Profits to the Refigner. By which 
 means the Benefice really remain'd in the fame 
 Hands as before, the Refignation having no other 
 Effe£l, but to appoint a Succefibr, who in Truth 
 was only the Titular, but had nothing to receive 
 out of the Benefice, until the Death of the Re- 
 iigncr. And that the Titular might not come in- 
 to Poilefijon of any thing by the Pretence of ga- 
 thering the Profits himfelf, and paying them again 
 
 rU That is to fay, known 
 only to himlelf: 
 
 ('^) John Sware\, Bijfhop of 
 Coiwbria in Portujjah arg?iing 
 -n the Council of Trent upon 
 the Mental Prefer vatlons, call'd 
 them Robberies^ and faid it was 
 
 lifli'd, which might therefore 
 be reafonably imagin'd, not to 
 have been born till the Vacancy 
 happen'd. Fra, Paolo Hifi, cf 
 Counc, i//' Trent, lib, 8. 
 
 (7,) The Refervations were 
 forbid by the Council of Trent, 
 
 better to leave the Collation of | C^«;>. 19. of the ReforrnUion 
 -'til Benefices to the Pope, than ' of the SelTion 24. 
 to fuflper him to kt his ownj (^\) Vvho had to bear with 
 Price upon his own Thought all the Repulfes and Oppofitions 
 -ot communicated, not pub^ from the ordinary Collators. 
 
 to 
 
Benefices and Revenues. aoi 
 
 to the Reiinger, it was provided, that not only all 
 the Profits ihould be referv'd to the Religner, but 
 a Power to him like wife to levy them by his own 
 Authority. 
 
 Thus the Refignerdiffer'd in nothing ftill from be- 
 ing as much the Incumbent and Owner of the Bene- 
 fice as before, except in cale the Titular died before 
 him J and then tho' he remain'd in PofTcilion of all 
 the Profits, yet he had no Right to appoint himfelf 
 a Succeflbr : So that the Collator might confer the 
 Title on whom he thought fit ihould fucceed to the 
 Benefice, afi:er the Death of the Refigner. But the 
 Court of Rome fail'd not alfb to find an excellent 
 Expedient for this, which was, the Regrefs Cs^. 
 
 ('j) That is to fay. The Re-j 
 turn. 
 
 CHAP. XLV. 
 
 IN the primitive Times of the Church, there 
 was a pious and laudable Cuftoni, that who- 
 ever had one Cure affign'd him, never quitted his 
 Charge for a richer (a) or more honourable : Every 
 Man prefiiming, that to perform his Duty as he 
 ought, would take up all his Faculties. 
 
 (a) Siqu'S Epiicopus, fakb 
 St, Leon, civitatis fuae medio- 
 critate delpefta, adminiftratio- 
 nem loci celebrioris ambierit, 
 & ad majorem fe plebem tranl- 
 tulerit, a Cathreda quidem pel- 
 letur aliena fed carebit & pro- 
 pria, ut nee illis prsefideat, quos 
 
 per avaritiam concupivit, nee 
 iftis quos per fuperbiam fprevit. 
 Suis igitur terminis contentus 
 fit quifq; nee fupra menfuram 
 juris fui aflFeftet augeri. Ep, 12, 
 adAnafl. Theffalm. Ep. cap, 8. 
 vide Can, 3 i, 32, ^ 43« ^^^f'^ 
 7. ^. I. 
 
 But 
 
201 Of Ecclesiastical 
 
 But fbiTietimes the Superior, when Ibme great 
 Charge was vacant, for want of a Perfbn equal to 
 it, would find a Neceffity of tranflating lome Man 
 of Merit, who was employ 'd in a lefs ^ : And this 
 was aTranflation(i) became afterwards fo fought 
 after, either for the Convenience or the Profit, that 
 as unufiial as it had been, it became very frequent. 
 Then the Ambition and Sollicitude of riling higher 
 grew fo prevalent, that oftentimes a Man wovild 
 quit a Benefice he had in PoiTeilion, to fbllicite for 
 another, and eonlequently lofl them both, v/hen 
 the Grant of the laft prov'd faulty. 
 
 To remedy which inconvenience, a Ciiflom pre- 
 vaii'd, which grew to Iiave the Force of a Law, 
 that if the lecond Grant iliould not fl:and good, the 
 Man that was \'o unfortunate, might without Ce- 
 remony, return to his firfl (h) : And this was call'd 
 the Regrels. 
 
 In Imitation of this Example, the Religner had a 
 Power granted, in Cafe the appointed SnccefTor 
 died, or renounced again his Title, of returning to 
 his refign'd Benefice, and by his own Authority 
 take Poi'feilion a-nev/, without any Ceremony, ^s 
 if he had never refign'd it. And in cafe he had re- 
 
 See tlie Canon, Mutctthn^s pri^bendam fuam ei ficut pro- 
 
 34, and the Canon, Seres 35 
 Calif, J, q. I. 
 
 CO It began to be frequent 
 under Pope Urban III. See 
 cap, 3^7. extra dc rerum per- 
 tnutaticnt. 
 
 (b) Intellexiaius G. Cano- 
 nI:o ref-erente quod cum iple 
 i\ L. Clericusde permutatio 
 
 milerat no'uit riiignare. Cum 
 igitur deceptisj & non decipen- 
 tibus jura fuccurrunt, licet ipfi 
 de jure non poffent Ecdefiaftica 
 beneficia pc^rmutare, ut tamen 
 limplicitati venia tribuatyr, 
 mandamus quatenus fi conllite- 
 rit prsetaxatum G. talker tuilTc 
 deceptum, amoto a pr?ebenda. 
 
 re Prsebendarum fuarum inter jfua conlanguinco ipiiusX. vel 
 fj tra^tarc csepiflent tandem ; quolibet alio illi cito dctentore, 
 idem L, Przebeim ejufdem G. ; earn reditu! faciatls eidem. 
 cuidam conlanguinco afli^rjata 'C^/;. S. extra de rerum psrrj7ut, 
 
 fign d 
 
B^nejices and Revenues, ao^ 
 
 iign'd before he had been in Poffeffion (m whxh. 
 Cafe the Regreis could take no placej he was im- 
 power'd to take PoiTeflion by Accels and Ingref3(2) -, 
 and this by his own Authority likewife,- and with- 
 out any Recourfe to the Magiftrate : This was 
 call'd the Regrefs. Yet the Pope hath always re- 
 ferv'd to himielf the fble Power, without ever al- 
 lowing any Share of it to any other, of receiving 
 and admitting Relignations made on thefe Conditi- 
 ons, and of giving the Title to the Relignee, 
 with Obligation to perform them. 
 
 As this Invention was generally condemned by all 
 the Writers, particularly by the Univerfities of 
 France^ and actually prohibited by the Parliament 
 0*1 Paris y that there could not be found any Ipecious 
 Pretexts in all Antiquity to juftify it ^ fo there were 
 thofe, who were both ailiamM, and made a Scruple 
 of Conlcience to make ufe of it : For whole Satil^ 
 fadion another Expedient was found, which took 
 its Rile from great Antiquity, but according to Cu- 
 Horn adapted to the preient Occafions. This was 
 the Coadjutorfliip. 
 
 (2) That is to fay. As entring I 
 the ^rft tune into the Benejice. ' 
 
 CHAP. 
 
204 Of ECCLESIASTICAX 
 
 CHAP. XLVI. 
 
 THERE was a very ancient and excellent 
 Practice in the 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 Afliftant ; or the Supe- 
 rior appointed him one, to iliare the Burden of the 
 Employment. But the Coajutor had nothing to do 
 with the Office or Benefice, any longer than during 
 the Life of the Incumbent (a) ^ at whole Death a 
 new titular Incumbent was made. This was a Me- 
 thod always approved, and to which there never 
 was any Oppolltion. 
 
 Afterwards it coming to be confider'd, that if 
 the Coajutor v/ere made to ilicceed, it would have 
 the Conlequence of making him more diligent in 
 
 {a) By the Canon, i8. cauf. 7. 
 ^. i.of PbpePe/«?^i«j, towards 
 the Year 559. it appears, that 
 thefe Coajutors were onlyHire-. 
 lings. 
 
 i:^' rater & Coeplicopus Joan- 
 nes ob hoc quod fe in gerenda 
 patrimonii gubernandi cura, 
 vel in difciplina Eccleflaftica 
 confervanda minime fatetur ido- 
 jieum, conftituti presbyteri ad 
 haec explenda fibi expofcit ad- 
 hiberi perfonam, ut ea quge funt 
 neceflaria competenti difponen- 
 te ioUicitudine iiant — ideoq; 
 prselenti vobis juflione praecipi- 
 mus, ut fervata primo in loco 
 Epifcopo memorato reverentia, 
 quam vos convenit inculpahili- 
 ux cohibe r^^ prxbeatis bed i 
 
 cntiam conftituto competentem, 
 in nullo dilpofitionibus ejus fpi* 
 ritu contumaci refultantes ; imo 
 competenti vigilantiae veilrje 
 ftudio, quae pro Eccleijaftica 
 utilitate, gerenda conftitutus 
 monuerit adimplentes ; ut his 
 ita difpofitis, & confucta vobis 
 ftipendia miniftrentur \ & quae- 
 cunq; in prae fotae Ecclefiae pa- 
 trimonio, vel de rebus ad earn 
 pertinentibus repetendis funt 
 neceflaria compleantur. 
 
 Neverthelefs the Popes fome- 
 times permitted the Eilhops to 
 appoint their Coajutors for 
 their SucceiFors: And in the 
 Eighth Century, this Favour 
 was very rarely granted. See 
 ■tk Camn il» b* Cauf, 7. ^. i. 
 the 
 
Benefices and Revenues. a 05' 
 
 the Exercife of a Charge, which was to be his own ; 
 and which would alfb recommend him to the Inha- 
 bitants of the Place, when they regarded him not as 
 a Stranger, they fettled the SucceiTion on the Coa- 
 jutor. 
 
 This met with a different Reception in the World, 
 and accordingly v^^as defended or cenliir'd. On one 
 hand it was faid, That all fettled Succeflions in 
 Benefices was pernicious, as a Temptation either to 
 procure, or however to deiire the Death of ano- 
 ther. 
 
 On tht other hand was alledg'd, the famous Pre- 
 cedent of St. Auguftine, who was cholen by Vderius 
 to be his Coajutor, and alfb declar'd his Succelfor. 
 But this Inftance carries no great Weight, fince St. 
 Augufiine himfelf condemns it afterwards, and would 
 neither imitate it, nor was afliam'd to impute it as 
 a Sin of Ignorance (^), both in himfelf and his Pre- 
 decelfor. 
 
 But in thefe Times Coadjutors with Succeffion in 
 Reverfion, were appointed not only to Prelates and 
 other Miniflers, who had Bufinefs belonging to their 
 Office, but alfb to fimple Benefices, or Sine-cures, 
 where there was nothing to do. So that the Coad- 
 jutor had only a Name, without any thing eifential, 
 but that of SucceiTion in Reverfion ^ a Thing which 
 the Canonifls have fo much in Abhorrence. 
 
 (b) Sx.,Vaulhius particularly 
 obferves, that this ibrt of Co- 
 adjutorlhip was very extraordi- 
 nary. 
 
 Non autem, faith he^ tautum 
 hoc Icribimus gratulandum 
 quod Epiicopatum Auguftinus 
 acceperit, led quod hanc Dei 
 curam meruerint Africanae Ec- 
 clefise^ ut verba cseledia Augft- 
 
 ini ore perciperent, qui ad ma- 
 jorem Dominici muneris gra- 
 tiam novo more provedus, ita 
 confecratus efl., ut non i'ucce- 
 deret in Cathedra Epir:opi, led 
 accederet. Nam iucolumi va- 
 leric l-iipponemfis Ecckfe Co- 
 epifcopus Augullinus eft. E^* 
 17. IS^uJn. 2. £^ Can, 120. 7. 
 
 ■ In 
 
ao6 Of Ecclesiastical 
 
 In thefe Times likewife, every Beneficiary who 
 deiifd to appoint his Succeiibr, had the Liberty of 
 chooling one of thele Methods ^ either by the Co- 
 adjutoriliip with Succeflion in Reverlion, or by the 
 Reiignation in Favorem j referving to himfelf the 
 Profits, with the Power of Regrefs : But the autho- 
 rizing thele Sorts of DiipenlationSj was referved to 
 the Pope alone, and to no other Perlbn whatlb- 
 ever. 
 
 hi Germany y where the Council of Bafil was by 
 fbme admitted, by others not, there was great Di- 
 verlity in the Decifions concerning beneficiary 
 Caules. To provide againft, and reconcile thele 
 Differences, Nicholas V. and the Emperor Frede^ 
 rick III. 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 refl of tiie eleO:ive 
 Benefices ihould go by Eieftion. As for the other 
 vacant Benefices, they fliould 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 faifd in the Term of three Months to 
 fill up the Benefices, the Collation ihould devolve to 
 the Ordinaries (1)* 
 
 This 
 
 (i) Concluded in the Pope's 
 Name, by the Cardinal Jofm 
 Carva\al, call'dSt. An^do, Le- 
 gate a Latere in Germany, 
 
 (2) An Extract of the Con- 
 cordat will here be of ufe tor 
 a Comment on the Words of 
 Jr. Taolo, 
 
 ' We referve, hithNlchol^y . 
 * to our own Ordination, Dif- 
 ' polition and Provifionj all 
 
 ^ the Churches Patriarchal, 
 ' Archiepilcopal, and Epifco- 
 ' pal ; as alfo Monafleries, Pri- 
 ^ orics, Chanonries^ and all o- 
 ' ther Benefices • EcclefiaiHcal 
 ^ whatlbever, with Cure of 
 ' Sou's, and without Seculars 
 ' and Regulars, which are or 
 ' iliall be vacant ; alio thole va- 
 ^ cant by Depciiticn, Depriva- 
 ^ tion or Tranflaticn, by us 
 * formerly 
 
Benefices and Revenues. lo^ 
 
 This Agreement was not receiv'd thorough all 
 Germany y and fome Diocefies fince in the Year 151^. 
 obferv'd tliQ Council of Bafil ^ which aboh'ih'd all 
 the Reiervations : But in Procefs of Time, even 
 thofe who had receiv'd the Concordat in the Begin- 
 ning, ceas'd to obferve it, and excused themlelves in 
 faying, that it iiad not been univerfally receiv'd : 
 So that it loft its Force by being dilus'd ^ and not" 
 only in Places where the Bifhops and Chapters have 
 lepcrated from the Roman Church, but even wiiere 
 they ftill remain under its Obedience. 
 
 In 
 
 * formerly made, or which 
 / fhal] be made, in what Place 
 
 * foever. 
 
 ^ Likewife Benefices vacant 
 by the Deccafe of Cardinals 
 and Officers of the hoi)- See, 
 while they ihall hold the laid 
 Offices^ J?xf;»p.^r. of Vice- 
 chancellor, of Chamber'ain, 
 of Notaries, Auditors, Comp- 
 trollers, Abbreviators, and 
 the Benefices which are, or 
 Ihall be vacant, by the Death 
 of our Commenlals, CoHcifi- 
 ors, and Treafurers, deputed, 
 or v/hich fhall be dequted in 
 whatlbever Place they hap- 
 pen to die : Moreover, the 
 Benefices of all thole who 
 coming to, or returning from 
 Home^ on any Occalion what- 
 Ibever, fhall happen to die 
 but two Days Journey from 
 the City ; provided that the 
 Place of their Death be not 
 the Place of their ordinary 
 Refldence : A.lfo all Benefices 
 iecular and regular, which 
 they poiTefs a at the Tim-; of 
 
 their Promotion, whom we 
 have promoted to Dignities 
 Patriarchal, Archiepilcopal:, 
 and Epiicopal, now vacant, 
 or which iliall be hereafter 
 vacant. 
 
 ' In Churches Metrapolitl- 
 cal and Cathedral, not (ub- 
 ject immediately to the holy 
 See, and in the Mcnafteries 
 which are immediately lub- 
 jeiil to it, Elections Ihall be 
 tree, and then be brought to 
 the laid See, who Ihall con- 
 firm them, if they be caija- 
 uicaL 
 
 ' In Monafteries which arc 
 not immediately fubjeft, and 
 in other regular jrenefices., 
 {■or w^hich it is net cullomary 
 to have Recourle to the holv 
 See, the Elected fiiill not he 
 obliged to come to R^rKt for 
 their Confirmation 01 Prcvi- 
 fion ; befides, that thefe Be- 
 nefices are not to be rank d 
 among the ExpecKatives, nor 
 the Benefices dts M-niaUsnon 
 cxcmptis, in th^ Dilpolin'on 
 
 ^ (A the Pope. 
 
 \-<- 
 
!^o8 Of ECCI^ESIASTICAL 
 
 In th€ Year 1534. Clement VII. fet forth a fevere 
 Bull concerning it, but it fcarcc had any EffeO: : 
 Gregory XIII. ^ let forth anorher in the Year 157^. 
 which had as little Effect. And Cardinal Man- 
 drucci (3), Legate o^ Clement VIII. in 1594. made a 
 heavy Complaint about it, in the Name of the 
 Pope, at the Diet of Eatlshon^ but to as little Pur- 
 pole 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'M.oYithso^ February, j4prtl, 
 
 * Juney Au^ufly OMer and 
 
 * December ; the Months of 
 
 * January y March, May, '^idy, 
 ^ September, and Novomber ihall 
 
 * be referv'd to the Pope : But 
 
 * if it happen that the Benefices 
 
 * which Ihall 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 ihall return 
 
 * to the Ordinary, or to any 
 
 * other to whom the Diipolai 
 « ihall belong." 
 
 But this lail Conceffion ha- 
 ving been the Occalion of many 
 Law-iuits, daily arifing betwixt 
 thofe whom the Pope had pre- 
 iented before the three Months 
 were expir'd, and thofe who 
 had obtained the Collations of 
 the Ordinaries, who confer r'd 
 the Benefices from the Day of 
 
 the Expiration of the three 
 Months, to prevent the Provi- 
 iions which thePopc might have 
 made, about the End of the 
 Term, Greg, XIII. made a Bull, 
 dated iVtPX/. I, 1576. by which 
 he declar'd, * That the Concel- 
 iion of Pope Nicholas V. gave 
 no room to the Ordinaries, 
 nor the other Collators, to 
 difpofe a'ter the Expiration 
 of three Months, any Bene- 
 fices comprehended hereto- 
 fore under this pretended 
 Conceifion : But alfo that for 
 the future, thofe whom the 
 Pope Ihall have provided 
 with thefe Benefices, ihall 
 be oblig'd either to lignify 
 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 publiihit in what Man- 
 ner foever it be thought fit 
 in the faid Place : Declaring 
 null, and of no cfFe<5t, all the 
 Difpofitions and Provifions 
 made by the faid Collators 
 after fuch Publication: And 
 lufpending from the Collation 
 of 
 
Benefices and Revenues. ao^ 
 
 The fame Diverlity and Confufions remain Hill 
 to this Day ^ for which the Court of Eome hath 
 but two Remedies : One is, that the Jeliiits turn all 
 their Skill to work upon the Conlciences of the Be- 
 neliciaries at their Confeilions, to perliiade them to 
 take Bulls from Rome for. Benefices, tho' provided 
 for by the Ordinaries ^ and fome accordingly are 
 prevail'd with. The other is, That when an E- 
 le£i:ion 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 Ibme 
 meaflire dependant on them. Not that it is of 
 Service at the Time it is praftis'd, but becaufe the 
 Writings are carefully kept, and ferve as Regifters 
 of thele Matters, to prove in After-times, that fucli 
 and fuch Places have paid Obedience : As alfo many 
 Conftitutions and Decretals, 'which have never Ivid 
 their Effe£t, are skilfully inferred in the Books of 
 Decretals, to make more Precedents, and draw 
 more Confequences to their Advantage. 
 
 * of all Benefices and Offices, 
 
 * all Collators, who Ihall pre- 
 
 * fume to infringe thisDecla- 
 ^ ration. 
 
 This Bull of Gregory XIII. 
 iheweth, that whatever Con- 
 cordats and Accomodations the 
 Popes made with Princes, they 
 always pretended to have a 
 Right of annulling them, as 
 made by wa^ ofProvifion only, 
 
 with regard to the Neceffity of 
 the Times, and until a proper 
 Sealon offer, to exert th-ir 
 Right in its utmoft Rigour. 
 
 * The French Tranflation 
 faith Gregcry XIII. for Gr^^ 
 gory VIII. in the Italian, 
 
 (^) Lewis, Nephew of Gf'r?- 
 ftcpber Madrucci, Cardinal and 
 Bifhop of Trent i and his Su:- 
 ceiVor in this Bilhoprick. 
 
 CHAP; 
 
(iio Of Ecclesiastical 
 
 CHAP. XLVII. 
 
 IN Frame the PragmatIck-fan£lion was vigoroufly 
 attack'd by Pius\l. (i), but defended with great 
 Conftancy by the Clergy of France y and the Unh^er- 
 iity of Paris. Upon which the Pope reprelented to 
 King Leivis XI. That it would ill become him to 
 fufter the Decrees of the Council of Ba/il to be ob-~ 
 fcrv'd in his Kingdom ; for the Diiibiution of which 
 himlelf 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- 
 fition made by the Univerfity, and the Remonftran- 
 ces by Parliament, which are ftill found upon the 
 Journals, where the Grievances of the Kingdom, 
 and of the Clergy or Eccleiiaftical Orders are re- 
 prelented, fetting forth, That upon a ^ntl Obfer- 
 vation, in three Years time there had gone to Rome 
 four Millions for Beneficiary Affairs, prevail'd with 
 theKing to re-eftablifh it attheEndof threeYears(3). 
 Sixtus IV. to ward this Blow, and to fruftrate the 
 Re-eftabliiliment, made a Concordat of his own, 
 
 ( 1 ) He cried, Guenay Guerra 
 ufq'^ ad capiUos. 
 
 (2) In 1 46 1, in the 4th 
 Month of his Reign. 
 
 (3) Faul II. Succeffor to 
 J>ius, Tent "^chn Jofredi, Cardi- 
 nal -Bifhop oM/^/, toperluade 
 him to confirm the Revocation 
 of the Pragmatick : I'ut after 
 the Revocation had pafs d at the 
 
 with a formal Oppoiition in 
 Parliament^ from '^chn de St, 
 Ron7an, Attorney-General^ and 
 at his Return to his Houie, the 
 Univerfit}ligniF).'d to him their 
 Appeal to a general Council, 
 and then went to regifter it at 
 the Caftelet. See tbe Ordinan- 
 cee cf Lewis XI. Sept. 10.1464. 
 in the Conference of Ordinances^ 
 
 Chaddet, the Cardinal met lih. i. Tit. 3. part 2, §.4.^ 
 
 which 
 
Benefices arid 'Revenues: d i i 
 
 which is extant at this Day, but never was receiv'd ^ 
 and the Pragmatick remained in Force. hnoce?7tV III. 
 Alexander VI. cxm^ Julius II, fct all their Strength 
 to abolifli it, but in vain (4). 
 
 (4) They were in terrible 
 Frights, left the reft of the 
 Chriftian Princes iliould take 
 the Example of France^ and 
 
 make Pragmaticks of the fame 
 Nature, to bridle the lapal 
 Power, 
 
 C H A P. XLVIII. 
 
 AT Length Leo X." fram'd a Concordat with' 
 King Francis 1. of France : Of which the 
 chiet' Articles were ; 
 
 That the Pragmatick iliould be aboliili'd : And 
 the Eledion o^ Biihops and Abbots iliouId be taken' 
 from tJie Cathedral and Collegiate Chuixhes, and 
 given to the King, who was to name a fit Perfcn,- 
 and the Pope to confer the Benelice : It was farther 
 concluded, that the Pope could not give Expefta-' 
 tives, nor make any Refervations general or ipecial : 
 But that the Benefices wh'ch ihould be vacant in' 
 four certain Months in the Year to be fpecify'd, 
 iliOuld be confer'dby the Ordinaries on the Gradu-' 
 ates of the Univerlities : And th'.it thole vacant in 
 the other eight Months, iliould be confer'd by the 
 Ordinaries, ad Libitum^ on whom they pleas'd : 
 Only that every Pope might oblige every Collator 
 who fhould have from 10 to 50 Bendices in his 
 DiipofaU to confer one as his Holiiiefs iliould di- 
 
 P 2 rea ; 
 
ail Of ECCLESIASTIGAL 
 
 reft ; and even two, if the Collators fhould have 
 50 or more (i) Benefices in his Collation. 
 
 Tho' there were great Difficulties to encounter in 
 making this Concordat be received, and that the 
 Univerfity appealed to a general Council, lawflilly 
 conven'd • yet the King's Authority and Intereil 
 prevailing, it was publiih'd and put in Execution 
 throughout all France (2).. 
 
 Thus after ib many Popes had, betwixt the Years 
 1075. and 1 1 50. thundered out ib many Excom- 
 munications (3 j, and let on work fb many Confpi- 
 racies and Rebellions, with the Lofs of many Mil- 
 lions of Lives, in order to wreft from Princes the 
 Collation of Bifliopricks, and to give the Election 
 to the Chapters ^ on the contrary the Qiiarrel feems 
 now inverted, and Plus II. and five of his Succel^ 
 
 (i) Cardlmil o^ Lor mm de- 
 bating in the Council of Trent 
 on the A rticle of Eleftion ofBi- 
 ihops, faith, That St. Leo X. 
 and Frdncis I. had divided be- 
 twbft them the Collations of 
 Beneiices of the Kingdom, as 
 tile Hunters do their Prey. 
 End eft be -Jtb Bock cf the Hifi, 
 cf the Ouncil. 
 
 But that which Aieieray faith 
 of the Concordat is worthy of 
 Oblervation, Leo X, faith he, 
 made the Concordate with 
 Francis T. by which he obtained 
 an Abolition of the Pragmatick, 
 and alfur'd to himfelf the An- 
 nates, payable at every Change 
 of BiHiops and Abbots. This 
 Compronnfe in Reality encrea- 
 fith the Revenues of the I'opes, 
 but extreamly liiliies their Re- 
 putation in (a f .ntailick an Ex- 
 change, 1 he Popcr^ \vho is a 
 
 fpiritual Power, takes the terii- 
 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, Remon^ 
 ftrances, Proteilations, and Ap- 
 peals to a general Council. 
 Neverthelefs, at the End of 
 two Years, abfolute Power was 
 to be obey'd, and the Concor- 
 dat was regiftred in Parlia- 
 ment. 
 
 (3) From the Time of (7rf- 
 gcry VII. to Innocently , which 
 contains 2co Years, there were 
 fevcn Emperors excommunica- 
 ted, -^7^. Henry W, Henry Y, 
 Frederic f. FbiUp I. Otho IV. 
 Fr,-derick II. ar.d Cmrad I. 
 
 lors 
 
Benefices and Revenues. 115 
 
 fors (^) have with the fame Zeal and Conflancy 
 been ftruggling to take the Election from the Chap- 
 ters, and give it to the King, which Leo X. at lail 
 accompliih'd. So true it is, that a Change in In- 
 terefts draws along with it, both a Change and even 
 k Contradiction in Do£lrines. 
 
 Thinking and ipeculative Men, Hich as were apt 
 to inquire into the Reafons of this great Change in 
 the Popes, have aferib'd it to the Diflike 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 
 Poftrine of Eledions ^ of which we find at this 
 Day fo faint a Refemblance left : Others found 
 other Reafons, As that it would be caller to get the 
 Collations out of the Hands of a Prince, if he hap- 
 pened to be a weak one, or to ftand in need of the 
 Pope's Friend ihip, than out of the Hands of the 
 Piiliops and Clergy. 
 
 Francis I. again made many Laws to regulate the 
 Right of Polfeiiion of Benelices, and obferv'd the 
 Concordat with great Ex^iClnefs. Bi>t Henry II. his 
 Son, fiifpended the Execution of it, during the 
 Time he was at Wars with Pope "Julius III. in the 
 Duke ot^ Parma s Qijarrel (5). For in the Year 1551. 
 he forbad all Kinds of Provifions of Benefices to 
 be received from Rome^ and commanded that they 
 
 (4) Paul II. Sixtus IV. 7/7- 
 wcentyilh Akxanderyi»and 
 Jidius II. 
 
 (5) The Duke o^ Tar ma put 
 himlelf under the Proteftion of 
 France-, to defend himlelf a- 
 ^ainft the Emperor his Father- 
 in-Law, •^yho would have leii'd 
 
 Parwa as he had done Ptaccntla, 
 The Pope iunimon d the Duke 
 to appear at Rome^ and for not 
 appearing declar'd him Rebel : 
 The Emperor who had kindled 
 the Flame, took the Pope's 
 Part, and the King o^ France 
 the Duke's. 
 * 3 fllOuld 
 
a 14 Of Ecclesiastical 
 
 ihould all be confer'd by the Oixlinaries (6) : But 
 y/liQn the Peace was concluded, the Concordat was 
 again eftabliih'd. 
 
 In ttiQ Year 15^)1. the EUates held TxtOrleans^ 
 during the Minority of Charles IX. reformed the 
 Collation of Benefices in feveral Particulars, and 
 took away many things contain'd in the Concor- 
 dat (7). But great Confufions and Wars following 
 in that Kingdom, at a Time when the Car<iinal of 
 F.crrara f 8) came Legat into France ^ he obtain'd a 
 Sufpenlion of the Ordinances made at Orleans (9) ^ 
 on Condition that the Pope iliould forthwith put a 
 Stop to thele Corruptions, which had given Occa- 
 ilon to that Remedy : But noth'ng of this beirig put 
 in Execution, the Concordat fbill remains in Force. 
 And thus Altairs pals'd in Germany and France, 
 
 (6) Ihat Ediil fct forth, CourtofJ^fA^e with Money, to 
 Thatit was not jull, that Frawre make War againlt their own 
 fhould hirniih the Pope with Prince. y\nd beiides, that they 
 Money to make War with the could eafily live without the 
 French Nation; and therefore: Papal Lilpeniations, which 
 forbad abfolutely, that any Sil- . however were not ot Force to 
 ver or Gold Ihculd be carried, j accju it our Confciences before 
 tp R me-, or into any other \ God. 
 
 i^lace under the Pope's Ob-di- 1 C?) Tn the Convention^ of 
 ence, for EeneJicres, JDiipenla-,' thofe Eftates, the Deputies ot" 
 tions, or other Grares, under i the Clergy declare, that they 
 Pain ot" Conhfcation to Eccle-I had obferv'd, that the Kerefy 
 fiafticks, and of corporal Pu- ; oi Luther was born in the iame 
 jiifrinient to Seculars; giving • Year with the Concordat, 
 the third of the Confil jation to ' (H) HippJttas pi' Efle, oi the 
 thofe who Ihould intbrm, j Ploule of the Dukes of Ferrara, 
 
 And the Procurator-genera], ! Grandfon of Foipe Alex. VI, 
 wiien he made the Edict be ve- (9) Ons of which was to 
 rify'd in Parliament, faid, it iorhid paying the yinnateSy and 
 would be a nctojious Folly in fending any jVjone}- to Rof??e for 
 the French Nation, to find the Benefices, or Difpenfations. 
 
 CHAP. 
 
Benefices and Revenues 115 
 
 C H A p. XLIX. 
 
 BU T the Face of Affairs in Italy ^ iince we laft 
 defcrib'd them, hath in a great Meafure been 
 changed by the holding the Council of Trent, who 
 made many Decrees againft the Abufes then reign- 
 ing in the Matter of Benefices. 
 
 And tho' from the liril: opening of that Council, 
 which was in the Year 1 547. it began to let itlelf 
 in Earneft about a Reformation, yet none of the 
 Decrees it made being put in Execution, till after 
 its Conclufion, which was in the Year i 553. they 
 mufl all be reckon'd to take their Rile from that 
 Time. 
 
 Three Things this Council chiefly had in View 
 to remedy, Flrft^ Plurality of Benefices •, Seco-ndly^ 
 Hereditary Succeilion^ and Thirdly , Kon-reli- 
 
 To take away Pluralities, it was decreed, That no 
 Perlbn, not even a Cardinal, fhould hold more than 
 one Benefice ^ and if that were not liifficient for 
 the Support of the Incumbent, he might have one 
 more without Cure of Souls (i). Commendams for 
 
 Life 
 
 (i) Quoniani multl ea qux 
 bene conftituta llint, variis ar- 
 tibus eludere, ^: plura fimul 
 beneiicia obtinere non erubef- 
 cunt, iantfta Synodus prselenti 
 decretOy quod in quibufcunq*, 
 perronis,quocumq; titulo,etiam 
 li Cardinalatus honore fulgeant 
 j^the Cardinals ave here ex prefly 
 nam'd, which the Span/Jh Bi- 
 ihops could not obtain in 1547 
 
 Neceility of naming them, fee- 
 ing, according to the Canonifts, 
 they are never comprehended 
 under general Terms J mandat 
 obfervari, ftatuit, ut in pofte- 
 rum unum tantum beneiici- 
 um Ecclefiadicum conferatur : 
 C^od quidem fi ad vitam ejus 
 cui confertur, honefte fuften- 
 tanduni non TuffiLciat, liceat nihil 
 ominus aliud limplex, fulRciens, 
 
 when they remonflrated the dummodo utrumq-, perfonalem 
 
 P 4 refidcn- 
 
^i6 Of Ecclesiastical 
 
 Life were forbid to be enjoy 'd with Benefices that 
 had Cures, as being a Cover for holding two (i). 
 It was alio decreed, That for the Future no Mona- 
 fteries iliouJd be turned into Commendams^ and that 
 thoie which were, ihould be turn'd again into Titles, 
 as th^y became vacant (3). It prohibited alfb Uni^ 
 ens for Life, which was another Pretext of giving 
 ieveral Benefices under one Name ("4). 
 
 To aboliih Hereditary SuccefTion, it ablblutely 
 proJiibited the Regrefs and Accefs ^ as alfb Coadju- 
 torihips, with Succefiion in Reverlion, except in 
 Cathedrals and Monafteries : And it took the Li- 
 berty to exhort the Pope to grant none, but for jull 
 
 refidentiam non requirat, eidem 
 conferri. Hocq; non modo ad 
 Cathedrales Ecclefiasj fed etiam 
 ad alia omnia beneficia quacunq; 
 ctiam commend ata pertineant, 
 cujulcunq; tituli ac qualitatis 
 cxiftant. Chap, ij , cj the Decree 
 efthe Refcrn7atkn3 ofSeJJlcn 24. 
 M here it is worthy of Obferva- 
 tionj, that this Chapter ferves 
 for an Explanation of the 2d 
 Chapter of Seflion 7. which 
 fpeaks only of Cathedral Chur- 
 ches, and makes no mention o^ 
 Cardinals, but in thele general 
 Terms (^^«^f««^j etiam d'lgni- 
 fate aut pritemmentla prajul- 
 j>e/'is^ hy which the Cardinals, 
 according to the Rule of the 
 Canoriills juft now alledg'd, 
 might retain levcral Eilhbp- 
 ricks, 
 
 (2) Quicumq; plura beneficia 
 curata five per viam unionis ad 
 vitam, feu commendse perpe- 
 tus ifcipere, ac limul retlncre 
 
 prsefumpferitj bene£ciis ipfis, 
 prasfentis canonis vigore, priva- 
 tus exiftat. Chap, 4. of the Re- 
 formation of SeJJlcn 7. 
 
 (3) Confidit ('lancfta fynodus) 
 fanftifT. Rom. Pontiiicem, pro 
 lua pietate, & prudentia_, cura- 
 turum, ut monafteriisj qua 
 nunc commendata reperiuntur, 
 quae fuos conventus habent, re- 
 gulares perfonse ejuldem ordi- 
 nis praeficiantur. Qu3e vero in 
 pofterum vacabunt, non nifi 
 rfgularibus conferantur. Chap. 
 21, of Reformation of Regu- 
 lars, SeJJion 25. 
 
 (4) See the Jaji Note butcn^, 
 to mhich the Chap, 17. cf the 
 Rejorn7ation ofSeJJion 24.addeth, 
 Illi vero, qui in prseienti plures 
 parochiales Ecclefias obtinent 
 cogantur omnino, quibufcunq; 
 dii penfationibus ac unionibus ad 
 vitam non obftantibus, una tan- 
 turn parochiali retenta, alias 
 infra ipatium (ex. menflum di- 
 mittere^ ^c, 
 
 and 
 
Benefices and Revenues^ iij 
 
 and evident Caufes (5). But this Prohibition Ina 
 prov'd without any Effect. 
 
 In the fourteen Jail Months of this Council (6)^ 
 the Point of Refidcnce was debated with Ibnis 
 Warmth : For, upon a Qi^ellion mov'd by tho: 
 Doctors, Whetlier Keiidence of Biihops and Curates 
 at their Churches were of Divine Right, or a Kight 
 only founded on the Canon-Law, tne Council was 
 fo divided, that in the Month of Jprily in 1552. 
 coming to a Scrutiny, there were found 67 Votes 
 for the Jus Divmm, 33 for the Jus pofithum, and 30 
 for coming to no Conchifion at all, without iirft 
 confidting the Pope. 
 
 Thefe of tliQ hrft Opinion were thofe of the 
 Tramountaim and northern [Nations, and pther d^'fi 
 contented Bifliops : Of the fecond and third Opir 
 
 {<)) Cum in Benei;ciis Ec- 
 clefiafticis ea, qusehsereditarige 
 lucceffionis imaginem ret'eruntj^ 
 facris conftitutionibus fint odi- 
 ofa, & Patrum decretis conrra- 
 ria, neiTjini in poftprum accef- 
 ius, aut regreffus etiam de con- 
 lenl'u, ad beneficium Ecclelia- 
 fticum cujufcunq^quaUtatis con- 
 cedatur — hocq; decretuni in 
 quibuicunq- beneiiciis Ecclefia- 
 fticis ac in quibufcunq- psrlbnis, 
 etiam Cardinala^us honore tul- 
 gentibusj locum habeat. In 
 Coadjutoriis quoq; eum Futura 
 iucceilione idem port: hacobler- 
 vetur, ut nemini in quibufcunq; 
 henefic is Ecclellafticis pt:rmit- 
 tantur. Quod fi quandu Eccle- 
 iise Cathedralis, aut Monafterii 
 urgens necelfitas, aut evidens 
 utiiitas, poftulef Praelato dari 
 Coadjutorem, isnon alias cum 
 tutura iucceifione dttiir, quiiu 
 
 hsc caufa prius diligenter a 
 fanftiir. Rom. Pontiiice fit 
 cognita — alias conceiTiones 
 fuper his fadlae furreptiLi.^ eife 
 cenleantur. Chap, 7. of the ge- 
 neral Reformation of the Scf- 
 
 (6) This Matter ^yasthe firll 
 time handled in the Year iv4-5. 
 Theiirfl: who began to awaken 
 Mens Thoughts in this Matter, 
 were two Spanfjl:> 'Jaccbinsy 
 BartbGlmeiv Caranca, and Do- 
 m'lntq,-^ SctOy \yho urged vehe- 
 mently, that R^efldcnce w-as q? 
 jOivinti Right; Which Opinion^ 
 Cardinal Cajetan^ who was of 
 the fame Order, liad maintain'd 
 fame Years before, but wms 
 laid to have changed his Opi- 
 nion, wlien he came to be a 
 Bifhop, becaufe he never refi- 
 ded at his Bilhoprick. 
 
 nlon 
 
ai8 Of ECCLESIASTICAX. 
 
 nion were thole who adher'd to the Court of 
 Fome (7). 
 
 If Relidence had been declar'd of Divine Right, 
 it mnfl have follow'd, that the Pope conid not dif- 
 penle with it ^ and that the Aiitiiority of the Bi- 
 shops miift have been of Divine Right, and that 
 conlequently no human Power could reftrain it ("8). 
 All which had a dangerous Tendency to the Di- 
 minution of the Papal Power. 
 
 Thus the two Parties maintained the Difpute with 
 great Warmth and Freedom, till at length from de- 
 bating they fell into Factions and Cabals : And at 
 
 (J) In the fixth Book of his 
 Council o^Trentheimh^ That 
 the Legates got a Writing to be 
 read in a general Congregation, 
 by which the Fathers were de- 
 iir'd to declare their Opinions^ 
 whether Reiidence ^vere of 
 Divine Right or no, by the 
 iingle Expreffion of Placet j or, 
 7:on TJacet. And that the Votes 
 being taken, 68 were found 
 TUcety 33 ncn Placet ^ and 13 
 Placet y ccnfidto prrus fanci/jjimo 
 Z>cmino n"firOi and 1 7 tion Pla- 
 cet, nifi prrus ccnfzilto f> D. n. 
 He adds. That the 13 differed 
 from the 17, in that they were 
 for the Divine Right being de- 
 clar'd, whereas the I7v4rerein 
 Effect not for it, but confented 
 in cafe the Pope gave his Con- 
 fent: And tho' thefe j:>iilint5H- 
 ons were Metaphyfical enough, 
 vet the 13 and 17 were equally 
 agreed in making their Court 
 to the Pope, 
 
 (S) Paul Jcvlus Eiihop of 
 Nceeroy debating on the Point 
 of Refidence in the Council, 
 
 laid, Tliat as the Jus DivinuWy 
 if once it were admitted, was 
 a Thing could never be dif- 
 clainf d again, fo it would ferve 
 as a Buckler to all rebellious 
 Bifhops againil thatPope, when- 
 ever he cited them to Rome, to 
 give an. Account of their Acti- 
 ons or Doclrrine ; as the Arch- 
 biihop oF Colcgne had done a- 
 gainit Paul Ili. That he much 
 tear'd lome Bifhops would, un* 
 der Covert of the Jus Dhinuwy 
 withdraw themlelves 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 tair Encouragement to the 
 Curates to Aake off the Epif- 
 copal Authority ; becaufe, be- 
 ing the immediate Pallors, they 
 would pretend that their Flock 
 was nearer t-j them than to the 
 Bilhop ; by v/hich the Hierar- 
 chy of the Church would de- 
 genera*te into Anarchy. Wji* 
 One, Tre-iit, lib, 6, ^ 7, 
 
 the 
 
Benefices and Revenues, ^\(^ 
 
 the End of 14 Months, Refidence was deterniin'd 
 and enjoin'd, but without declaring by what Right 
 Men were oblig'd to it. Only Penalties were laid 
 on iiich as did not refide (9. And for the reft, all 
 things were left in their former filiate. 
 
 In the mean time thole who were preient at this 
 Council, and who have fmce left any Writings be- 
 hind thenl, efpecially of Divinity, have not Icrup- 
 led to aiicrt, That Refidence is of Divine Right, 
 and that to affirm the contrary, was to deny the 
 iacred Scriptures, all Antiquity, and even natural 
 Keafon itlelf (loj. But then, not to draw the In- 
 
 (9) Neea qui^deRefldentla 
 fanfte & utiliter jam antea I'ub 
 felicis recoidat. i aulo HI. lan- 
 cita fuere in ieruhs a lacro-fanL^je 
 Synodi mente a'icnos trahantur 
 — - declarat lacro-ianc^a Syno- 
 dusomnes Patriarchalibus, Pii- 
 matialibus, iVietropolitanis, ac 
 Cathredalibus Eccicliis 4uibul- 
 cunq-, prxtetftos et'amli b. R. E. 
 Cardinales iint, obligari ad per- 
 fonalem in Ilia Hcckfia, ve.l 
 Dioceli relidcntiam, ubi in- 
 junifto fibi olHcio defungi tene- 
 antur, rieq; abcfle polle — - 
 iNiliChrilHana charitas, urgens 
 neceifitas, debitaobedientia, ac 
 evidens Ecclefise vel Reipublicae 
 utilitas poftulent, & exigant. 
 yJndcne Pa^e after. 
 
 Si quis autem contra bujas 
 dccreti diipofltionem abfutrit;, 
 ftatuit lacro-ranAaS} nodus prge- 
 ter alias poenas adverlus non re- 
 fidentes lub Pauh ill, impoli- 
 tas, & mortalis peccati reatum, 
 qiiem incurrit, eum fru<5lus I'uos 
 tuta conlcientia retinere non 
 pofTe^ led teneri illos fhbricae 
 
 Ecclefiarum, aut pauperibus 
 loci erogare, probibita quacunq; 
 conditioner vel compoiitione, 
 qu?c pro lTU<fbibus male percep- 
 Lisappellaturj ^c, Jnd as fcr 
 Curates, 
 
 Liberum eile vult Ordinariis 
 per cenfuras Eccleliafticas, 6: 
 l"ubfl:ra6l'onem fru(fl:uum3 aliaq; 
 juris remedia etiam ul'q; ad pri- 
 vationem compellere. Cap. i. 
 of the Reformation of Sejj. 23. 
 
 (10) The Jacebin Fryar 
 Bartbclcmevo Caranca, fcrupled 
 not to lay, in j-refcnce of all 
 the Fathers of th:i Council, 
 
 That it wai a 
 
 )lical Doa- 
 
 rine, it were to be wiih'd, 
 that the Biihops of the Court 
 were lb perfuaded ; they would 
 not then Hay till the Prince, 
 weary cf feeing their Faces, 
 lends them to relide in their 
 Bifliopricks; or at lea't, that 
 when they are commanded thi- 
 ther, they would not think 
 thsmJelves going into Banilh- 
 mcnt. 
 
 dignation 
 
aao Of Ecclesiastical 
 
 dignation of the Coijrt of Rome too much upon 
 themfelves, they found out fome Exceptions, by 
 which the Pope had a fair Way left open to Dii- 
 penfations. 
 
 As for the Refervations, tho' a Point fb eflen- 
 tial, and now grown to exceed all Bounds, the 
 Council let them pals unobferv'd, becaule, indeed, 
 they concern'd the Pope's own Perfbn ^ lb they con^ 
 tinued as they were, and by continuing, they have 
 iince ent:reas'd '^. 
 
 * See the three laft Pages of I 
 the following Chapter. ' 
 
 C H A p. L. 
 
 IT was imagin'd, with great Appearance of Pror 
 bability, that the Abolition of the Unions, 
 Commendams for Life, the Regreis, and Coadjutor- 
 ihips would have proved a fovereign Remedy, at 
 leaft to the greatell Part of thele Corruptions. 
 But an Expedient was quickly found on this, as on 
 other Occalions, to elude the Efficacy of the bell 
 Medicines ; an Expedient, which had not only the 
 lame laudable Effect with the four Inventions which 
 were Hipprels'd, of religioully preferving all the 
 Abufes, but even a greater : This was, the Pen-r 
 fion. 
 
 It hath been an Obfervatlon of pious and devout 
 Peribns, That the Court of Eomcy as if it had been 
 a ftanding Order in thole Times, never Hiffer'd a 
 gainful Abule to be corrected or abolilh'd, but Ihe 
 had a higher to put in the Room of it, more no- 
 torious and more profitable : Which is lufficiently 
 
 verify'd 
 
Benefices and Revenues ^ m 
 
 verify'd in this of the Penfion. Yet it is not to be 
 underftood, as if the charging Benefices with Pen- 
 lions were an Invention of our Times, but only the 
 Manner, and the frequent Practice of it, which is 
 new and peculiar. 
 
 When all the Ecclefiaftical Goods were in Com- 
 mon, the Name of Peniion Was a Thing unheard 
 of: And when they came to be fet out and divided 
 into Benefices!, the univerfal Pradice, without any 
 contrary Inftance, was to confer them intire, and 
 without Diminution. But afterwards, when the 
 Clergy had iearn'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 on Part of the Revenues 
 allotted to him, under the Kame of Penfion"^. Like- 
 wife if two hicumbents, for Ibme good Caufe, agreed 
 to exchange Benefices, with the Confent of the Bi- 
 ihop, he who quitted the better Benefice had it made 
 up to him in a Penfion -}% And again, when any 
 one refign'd with the conient of the Prelate, a Pen- 
 fion was afijgn'd him for his Maintenance ^. 
 
 Of theie three Ibrts of Penfions, the Decretals of 
 the Popes towards the Year 1200. make Mention : 
 France admits them ftill as legitimate '|-^ and authen- 
 
 * See the Chap. Nzfi ejjsnt 
 21. extra, de Vraehendis \ which 
 is the Foundation of Penfions, 
 according to the Glofs, which 
 faith upon this Decretal, that 
 Occaficne bu)ufmodz prcvificms 
 ajfumunt quandcq\ aliqui cau- 
 fam jnalt \adendi. Glolf. in 
 verb, ex juffione, in fine. 
 
 -f- Cap. 6. extra de rerum 
 
 psrmutatione. 
 * Vide Can. 
 
 ex parte 12. 
 
 extra, de officio Judicis de leg, 
 >!5: ibi Felin. Num. 1. Felin.ad 
 Cap. ad audientiam. Num. 2, 
 extra de refcriptis. 
 
 \ Vide Rebuff, traft. de pa- 
 cifism Num. 1 10. Duaren de be- 
 nelic. Lib. 6. cap. 4. Coras ^2,- 
 cerdot. paraph, i. cap. 4» 
 Num. 12. & Joan.Davezande 
 peniionib. benclic. pag. bH. 
 
 ^ Cap. per tuas^ extra, de 
 donationibus. 
 
 tick, 
 
272 06 EcCiESIASTICAi 
 
 tick, whereas fhe rejefts a Train of others as de- 
 ferving, and of great Variety ^ namely, flich' as 
 are given to one for his Livelihood only, and for 
 no other Conlideration ^ or for having merited well 
 of the Apoftolick See ^ or for liaving lerv'd fuch 
 a Church or liich a Prelate ^ for being learn'd or for 
 Probity of Manners "^ : Or only for being in th^ 
 Pope's good Graces : And laftly, Hich as are given 
 to Children, becaufe they are of promifmg Parts. 
 
 All thefe are jufliiiable Motives, according to the 
 Canon ifts, for granting Pcnfions j to which thc]^ 
 Icruple not to add, that the Pope may charge any 
 Benefice whatfoever with a Penfion, and give one to 
 whomfoever he pleafeth, without any of the Caufes 
 allowed ^ and that its being the Pope's Will, is fuf- 
 ficient to iecure the Confcience ot him that recei- 
 veth it. 
 
 So that, whereas formerly it was ufiial to hold 
 two Benefices with Cure of Souls, the one in Title, 
 the other in Commendam^ or elle t\iQ two united Be- 
 nefices for Life, with Obligation to allow a Stipend 
 to the Prieft who officiated in one of them : At pre- 
 fent the ^^n^^cQ is given in Title to anotlier, and 
 the Revenue of it, by way of Penfion, to himielf *, 
 which turns all to the fame, and even anfwers bet- 
 ter all the Ends it was defign'd for : Before, the 
 Beneficiary was anfwerable for the Faults of his 
 Subflitute, and therefore was oblig'd to have ah 
 Eye over his Behaviour ^ but this way he hath the 
 lame Advantage, freed from all the^Care. 
 
 Likewife, whoever took a Coadjutor to aiTift him, 
 or refign'd with a Condition of Regreis, had flill 
 ibmc Care of the Benefice remaining on him, wherc- 
 
 * Cap.demulta, in fine ex- 1 de PenfionibulC p. S9, 
 tra, de prxbend;^. Oavezan ' ■ 
 
Benefices and Revenues. aaj 
 
 in he had Ibme hitereft, by the Power he had of 
 re-entring. But on the contrary, he who refignsj 
 referving to himfeif a Penfion, delivers himlelf at 
 once from any Care or Duty incumbent on him 
 from the Benetice : And whether the Relignee die 
 or refign, is wholly unconcern'd, his Penfion being 
 lecurea and paid without any Trouble. 
 
 Sundry other Confiderations make a Penfion more 
 eligible than a BeiTcfice. Many Benefices require 
 entring into holy Orders, and confequently a cer- 
 tain Age to qualify him tor the receiving them : Tiie 
 hrft Tonfure, and the Age of leven Years qualify 
 for a Penfion. 
 
 Penfion s are alio given even to Laymen ^ as to 
 the Knights of St. Peter ^ \tho were inftituted by 
 Leo X. To the Knights of St. Paid^ who were in- 
 ftituted by Pope Paul III. To thole calfd the pious 
 Knights inftituted by Pope Pius IV. and to thofe 
 of Loretto by Pope Slxtus V. Every one of which 
 may have from 1 50 to 200 Crowns in Penfions, and 
 to whomfocver the Pope plealeth befides. 
 
 When Men held more than one Benefice at a 
 Time, there was always a Complaint of Ibmething 
 wanting, fomething to be mended, for which a 
 Difpenfation was neceifary, which cofi: Money . 
 And yet for all this, the Cafiiifts have been fo in- 
 curable in their Scruples, as to Doubt, w^hether 
 even Dilpenfations can fet the Confcicnce clear in- 
 this Cafe : But for Penfions, they may be held 
 without Scruple, and without Nimiber, no Penfions 
 being incompatible. 
 
 Another Advantage in a Penfion is. That it may 
 be given with a Power of affigning it to another at 
 Plealiirc, which cannot be done in the Cale of Be- 
 nefices, without palling dirough tht Forms of Re-^ 
 fignation : And whereas Refignations are not va- 
 lid, if the Refig^er live not ao Days after,, a Pen- 
 fion^ 
 
224 Of Egglesiastical 
 
 Hon may be transfer'd and afUgn'd at the Point of 
 Death. 
 
 But the Conlideration which recommends it be- 
 yond all others is, that a Peniion may be extin- 
 guiiVd, or to fpeak more intelligibly, may be tur- 
 ned into ready Money ^ tho' every Contrad made 
 where a Benefice is, the Confideration is reputed 
 iimoniacal. 
 
 By extinguiihing a Penfion, is only meant to re- 
 ceive a Sum of Money from tliQ Beneficiary or In- 
 cumbent, which dilchargeth 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 pals'd 
 for an infinite Olfence both againit GOD and 
 Men : ISow it is done avowedly, in thefe Terms, 
 il- have a Benefice of 200 Crovpns value, I refign it to 
 John or Thomas, for a Pe?ifion of 100 Crowns : And 
 afterwards I extinguifh the Fenfion for 700 Crowns 
 ■paid down : Thus I have made 700 Crowns of my Be- 
 ncfice without Sin, All which Circuit of Words to 
 People ofgrols Underftandings and little Penetra- 
 tion, feenis to amount only to this, That I had fold 
 my Benefice for 700 Crowns, 
 
 There are befides many more Conveniencies be- 
 longing to a Penfion, according to the Pra£lice at 
 this Day, than to Unions, Commendams^ Coadju- 
 torfnips, or RegreJfes. Some People, who extolling 
 the many fruitrul Ways the Pope hath of raifing 
 Money tor the Occafions of the Apofi:olick Sec, 
 Lave afiirm'd, That if he ihould let open the Door 
 rf thw Regrels only, he might raiJ'e all he had oc- 
 CLifiOn tor, extreamly betray their Ignorance in thefe 
 Beneficiary Matters j for the Regrefs would not 
 
 now 
 
Benefices and Revenues. 125; 
 
 now bring in one Farthing (i) : The Penflon is, 
 by many Degrees more preferable 
 for Profit and Convenience : It was This fecms ne'- 
 therefore the eafier to execute [// ^>^^ inteHigibleiir 
 
 ^ -1- 1 ^ ', -, '^ ^ 51 the Italian nor 
 
 Conctho le Conctlf^ as it turn d more French, 
 
 to Advantage. 
 
 But the taking away Commendams {1^ from the 
 Monafteries, which the Council likcwiie enjoin'd, 
 hath been without Effect (3 J to this Day, and even 
 many Monaileries, which were in Title only, have 
 been fince turned into Commendams^ for want of 
 Ibme Contrivance to make Advantage of their Sup- 
 predion : And fince the Peniion can be impos'd by 
 none but the Pope, the Court of 'Rome draws great 
 Advantage from that Privilege. 
 
 Theie were the Changes introduced in Italy by 
 the Council of Trent^ which, by not having taken 
 any Notice of the Refervaticns, have given an Op- 
 portunity of multiplying them to that Degree, that 
 the Pope hath five Parts in iix of the Benefices in 
 his Dilpofal ^ with very reafbnable Hopes, that the 
 Sixth which remains, will go the fame way. 
 
 By the Rules of Chancery, all fiich Benefices are 
 relerv'd to the Pope, as ^john XXII. and BeneSEi Xil. 
 referv'd to themielves ^ ^ and alfo all iuth as were 
 
 ( i) Seeing thofe who obtain'd 
 them would net be able to make 
 any ufe of them, becaute oFthe 
 Oppofition from the Bifhops 
 and Magidrates, elpecially 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 
 Seffion2S. quoted in the Notes 
 of the precedent Chapter. 
 
 C5) Vor the Court o^ Rome, 
 always fubtle in Diilindions, 
 tliought fit to declare, after 
 
 the clofing the Council, that 
 the Benefices which had accu- 
 flom'd to be in Commendamy 
 might reafonably remain 'iO. 
 Now feeing tor more than ico 
 Years the i-opes had put almoil 
 all the regular Benefices in Com- 
 mendam. there were very few 
 left, ^vhich had not had two or 
 threeCommendatories.and con^- 
 iequently Cuftom was always 
 adjudge b to be on their Side, 
 for being in Cowmendam. 
 
 * See the Rules in Chancery, 
 tempore Innocent. X.Rule i. 
 Q. obtani'd 
 
726 Of Ecclesiastical 
 
 obtain'd by any Perfon who had been an Officer in 
 the Court, tho' he had quitted the Office. To him 
 alfo are referv'd all Patriarchats, Archbifliopricks, 
 Biihopricks, and Religious-Houfes of Men, which 
 exceed the Value of 200 Florins of Gold f v like- 
 wife all Benefices becoming vacant by the Ceffion, 
 Deprivation, or Death of the Collator, whoever he 
 be, until his Succeffor have obtain'd peaceable Suc- 
 cedion : All the chief Dignities in Cathedral and 
 Collegiate Churches, Priories, Provoflihips, 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 Mafler were dead : All Be- 
 nefices held by Colleftors and Sub-coUe^ors.^ All 
 held by Roman Courtiers, who happen to die in 
 in the Journey, when the Courts travels : All 
 held by Chamberlains, and Criers or Serjeants'^. 
 Befides all thefe Refer varions,which in Reality com- 
 prehended all the principal Benefices, and a great 
 part of the refl, the Pope generally referves to him- 
 felf all thofe which fliould become vacant in eight 
 Months of the Year -f^, leaving only four Months 
 of Dilpolal toothers: And yet this is only for 
 flich Benefices as are not of the Number we have 
 recited. Laflly, a Conflitution of Plus V. referves 
 all Benefices vacant for Hereiy (4), or for Co-rifi^ 
 
 dc72t'lil 
 
 \ Rule 2. ^ Rule 4. 
 
 * Rule 5, 65 7. 
 
 f Rule 9. 
 
 (4) Omnia & fingula bene- 
 ficia Ecclefiaflica, cum cura;, & 
 iine cura lecularia, ^ ciuorum- 
 vis Ordinum etiam S. Joannis 
 Hierofolymitani; ik aliarum 
 
 quarumvis milidarum legula- 
 ria, quGecunq; & qualiaeunq; 
 fint, edam fi fecularia, canoni- 
 catus & prebend?e, dignitatem 
 dc perlbnatuSj adminiftrsrtiones, 
 vel officia in Cathedralibus e- 
 tiam ^Vletrapolitanis, velGolle- 
 giatis, ^ di^nitatcs ipfe in Ca- 
 thredalibus 
 
Benefices and 'Kevcnucs. 227 
 
 liema^(^), and all that fliall not be confcrrM accor- 
 ding to tiie Decree of t^ie Council of Tnm {6). So 
 
 threda'ibus etiam Metrapolita- rum hujut'modixaufas;, per ncs 
 
 nis poft pontiiicatus majores^ leu 
 Collegiatis Eccleliis hujulmodi 
 principales Regu'aria vero be- 
 neficia hujut'modi, monafteria 
 etiam conllftorialia, prioratus, 
 praepofiturse, praepofitatus dig- 
 nltates etiam conventualcSj, vei 
 officia etiam daullralia, ac hol- 
 pitalia^ &:pr:sceptori^, ordina- 
 tioni & dirpenlationi noftrDC 6c 
 ledis Apoftol. hac perpf;tuo va- 
 litura conftitutione, authoritate 
 ftpoftolica, tenore praefentium 
 refervamus Dec'arantes omnes 
 & qua'cunq-, impetrationes de 
 beneiiciis quomodocui;q; quali- 
 £catisj in futurum faciendas, ek 
 obtinendasj beneiicia hujulmodi 
 propter hserelim vacantia, ,is: in 
 futurum vacatura, non compre- 
 hendere, nifi Ipecialiter vaca- 
 tionis modus propter crimen 
 hgerefis exprellus fuit. JDecret. 
 lib,'], tit, 11. cap, ^. This 
 Conftitution is in 'January ^,1 ^66, 
 
 * Which is keeping a Bene- 
 fice in private Truft for ano- 
 ther. 
 
 (5) Ad aures noftras perve- 
 nit^ ut nonnulli non veneantur 
 
 beneiicia fecularia, & 
 
 regularia inCcniidentiam,quam 
 Simoniacam pravitatem (ape re 
 non ignorant, acceptare, ac re- 
 
 tinere. Nos ne abuius, 
 
 vel potius deliftum hujulmodi 
 ulterius progrediatur, celeri r:- 
 medio providere volentes, prse- 
 miflbrum omnium cognitionem 
 nobis, & lucceiroribus noitris 
 Rom. Pontiiicibus refer v antes, 
 omnes & fingulas confidentia- mus. 
 
 jummarie, llmpliciter, ,:>: de 
 'piano, audiendas, cognolbendas, 
 decidendas, 6^ totaiiter exe- 
 quendas, nd nos avocamus, de- 
 cilionlq: & terminationipernos 
 liiper illi.s laciendse ftandum, ac- 
 quielcendum, 6c om.ninoparen- 
 dum & obediendum fore, fta- 
 tuimus »Sc ordinamus. Vscret, 
 7. tit. io« cap, ic, 
 
 {6) Ncs ad quorum notiam 
 pervenit^nonnuilosex venerand, 
 fratribus noitris A rchiepilccpis, 
 6c Hpiicopis, excurrente vacati- 
 one parochiaiium Eccleiiarum, 
 eas nullo aut minus rite iervaco 
 examine, prsefertim illo quod 
 per concur lum fieri dthti ex 
 concilio Tridentino, vel etiam 
 rite fervato examine perionis 
 minus dignis, carnalitatis, aut 
 aiium humanse palfionis ?.i^cd!:- 
 um, non rationis judicium ie- 
 quentes, contulifle, volentes 
 hujulmodi, ac etiam liituris pc- 
 riculis occurrere, authoritate 
 Apoftolica, tenore prajientium^ 
 omnes 6c fingulas collationes, 
 provilloncs, inllitutiones, & 
 qualvis dirpoiiriones parochia- 
 iium Eccleiiarum abeildem E- 
 pil'copis, 6c Archicpiiccpis, ac 
 quibuiVis aUis collatcribus. prse- 
 ter Cv: contra ibrmam ah eodem 
 Concilio 'i'ridentino prsaicvip- 
 tam, fa(fh'.s, aut in futurum fa- 
 cicndas, nullas, irritas, ac nu'- 
 iius roboris tore 6c eife, decer- 
 nimus 6c declaramus eafq; om- 
 nes, fic vacantesj noilirce 6c fed-I^ 
 Apoftolicse difpolitiord refsrva- 
 Jbid, (:ap,7, 
 
 that 
 
ai8 Of Ecclesiastical 
 
 that whoever Hull put all thefe Refervations toge^ 
 ther, will be found to have d^nQ the Pope no Wrong 
 in the Calculation, and that he hath at leaft five 
 times as many Collations as all the other Collators 
 put together. • 
 
 To give every one their Due, we ought not to 
 pais over in Silence the vigilant Care exprefs'd by 
 tliQ Popes, that the Bifliops them lei ves and the 
 other Collators Should have no Door left open to 
 pradiie any Abules. And therefore they have 
 never been allow'd to uniteBenefices for Life, nor to 
 put them hiCommendam for Li^Q'y nor todilpenfewith 
 the Plurality of Benefices which are incompatible ^ 
 nor to grant RegreiTes or Coadjutorfhips with Sue- 
 ceflion in Reverfion : And now the Popes ihew the 
 fame Vigilance at this Day, in prohibiting the Pre- 
 lates to charge any Benefice with the leaft Penfion, 
 or to receive Refignations w Favorem : And even as 
 to ab lb lute Refignations, which have been of lo 
 ancient Ufige in the Church, Pius V. in •! 568. pro- 
 hibited all the Ordinaries, who received any Refig- 
 nations, under the moft grievous Penalties, from 
 conferring thQ Benefice refign'd, to any of the Pa- 
 rents, Allies, or Domefticks of the Refigner •, en- 
 joining too, that neither by Word, Gefture, nor 
 any other Sign, the Perfbn ihould have any Inti- 
 mation to whom the Refigner defir'd the Benefice 
 ihould be given (7). 
 
 CHAP. 
 
 (y) Caveant Epifcopi;, itemq; 
 omnes Eledlores, prselentatores 
 & patroni turn EcclefiaiHci, 
 quani Laici, ne verbo quid em 
 
 aut nutu, aut 
 
 figno 
 
 futuri 
 
 liujufniodi benenciis lucceflores 
 hh ipfis refignantibus, aut ali- 
 ilq; eorum iigniJiciitioDej vel 
 
 hortatu defignentur, aut de his 
 affumendis promilllo inter eos, 
 vel etiam intc;ntio qualilcunq; 
 intercedat. Ceterum prsecipi- 
 mus atq; interdicimus, ne ipfl 
 Epilcopi, aut alii collatores de 
 benific'is, & officiisrefignandis, 
 aut fuis; aut admittentium con- 
 i'anguineis. 
 
Benefices and 'Revenues, 72^ 
 
 fenquineis, affinibui', vel fami- 1 neant, donee remiflionem a 
 liaribus etiam per fallacem cir- Rom. Pontifice meruerint ob- 
 
 cuitum multiplicatarum in ex 
 traneos collationum, audeant 
 
 providere Qui contra fe- 
 
 cerint, a beneiiciorumj & ofR- 
 ciorum collatione, nee non elec- 
 tione, praefentatione, 6: inftitu- 
 tione, tarn diu i'ulpenfi rema-i 
 
 tinere ; & qui ta'ia bcneficia 
 leu officia receperint, eos prje- 
 dictis poenis voluiiius lubjicere, 
 Decretal Hb, 7, Tit. 14. cap. 9. 
 This Decretal is dated jlpril i, 
 1568, 
 
 CHAP- LL 
 
 IT is conftantly maintain'd by all the Canonifls 
 and Caliiifts, that all Compads or Bargains in 
 which Benefices are conceni'd, are limoniacaij when 
 it is done without the Pope's Concurrence, but that 
 being obtain'd, gives a ^anftion to every Thing ^ 
 founded on this univerlal Propoliticn, That the 
 Pope cannot commit Simony in beneficiary Alat- 
 ters. 
 
 This being a DoOrrine with which the World is 
 not much edify 'd, ibmc Canonifc more modefl than 
 tliQ reft, diftinguiih betwixt a Simony forbid by 
 the Lavys of G O D, and one forbid by human Laws 
 only(T;i: Adding withal, that tne Pope alone is 
 not capable of committing Simony of the latcer 
 Sort : Bui: this Dillin^lion feems to clear no Diffi- 
 culty •, for that which is not evil in its own Kature, 
 nor forbid by GOD, deferves not the Name of 
 Simony : Befides that ic is Labour loil to make a 
 Law, and not to have it obferv'd. But whoever 
 
 fi) This is the Diilinaionl followed by all the Trawcn- 
 Upon the Glols, upon the Chap- W^w. See Feli}t ad cap. ex 
 ter. Cum pruiem 4. verbo [HliAparte i?. Nuf77.i, extra de cf- 
 (lt(i\ extra dc ^mTis : Y^'hidils^ fuio^i^dhis delegatL 
 
 Q^ 3 reiieQ:s 
 
a^o Of Ecclesiastical 
 
 refle^ls thorough!)^ on this Point, without feeking 
 a Subteriuge or Evafion by Words, will fee that 
 both the one and the other bimony is prohibited by 
 GOD. 
 
 Certainly it is a Juflice which cannot be denied 
 the Pope, that he hath held the Biihops lo firidly 
 to their Duty, that he hath nothing to anfwer for 
 in that regard. And it is a fignal Inftance of the 
 Divine Favour, wnich hath enabled the Popes to 
 preferve the reft of the Church fo untainted from 
 tliQ Corruption of Simony, fince they have not 
 been able to defend themielves, nor their Court 
 froin th.Q hifeclion. 
 
 And as we may have leave to hope (2.)^ that one 
 Day vnW produce feme Pope of 16 much Vertue, 
 as to make a Reformation in his Court ^ there can- 
 not furcly be a plainer Road than is already mark'd 
 out to h^"m., to accomplifh it, in putting himfelf 
 under the Obedience and Diicipline of thole Laws" 
 which have been practised with ib much Rigour on 
 the otlier Biihops. Then we Hiould loon lee the 
 happy EfFecl, if it were not defeated by Flattery 
 and Infmuations very improper for great Rerorm.a- 
 tions ^ luch a-^, that the Popes who are, through- 
 out all Italy and in iom.e otlier Places, in PolTeffion 
 of a Privilege 16 valuable, as not to be liibjefted to 
 any Rule, have not Reafon to diveft themielves of 
 the Right (s) h ''^"'^ ^^ ^ mianifelt Prejudice to the 
 ii 
 
 (2) Chiefly at this Day,? (3) For ths Court of Horns 
 when God hath given the | hath eftabliilf d it as a funda- 
 Church a Pope irreprehenfible, I mental Maxim, that the Pope 
 and who having lb conftantl}- hath not the Power of making 
 renounced the rlefh, and the any Alteration in the Papal Au- 
 Inciinaiions ox Blood, may lay thority, and confeqnently can- 
 with St. Paul, Mlhi mundus j not, for any Reafon whatloever, 
 (rucifixus efii C? e^o /ww;^!?.) lawfully releaCe any Rights nor 
 Galat. ultim. would it be valid. 
 
 Apoftolick 
 
Benefices and Revenues. a 5 i 
 
 Apoftolick See. Which is a Rea foiling fo dire^Iy 
 contrary to the profeis'd Do^^rine which the an- 
 cient holy Pope? and Fathers have taught. 
 
 But it is eafy to determine, by what hath been 
 iaid, that if the Pope have fo ablbUite a Power over 
 the Benefices and Ecclefiaftical Goods, he is fiib- 
 jeft to no Rule himfelf in the Difpenfation of 
 them. For to reafon juftly, If the Church of every 
 partiailar Place be abfolute Miftrefs of the Goods 
 ihe is poiTefs'd of, becaufe thole who had the Pro- 
 perty of them before, had transferr'd it to that 
 Church with the Permiflion of the Prince, v/ho, 
 by Virtue of his Laws, had made it capable of ac- 
 quiring Eftates, it follows, that thefe Eftates .ought 
 to be under the Management and Adminiftration 
 of thole, to whole Care they are committed ^ firfij 
 according to the Law, feccndly^ according to the 
 Conditions prelcrib'd by the iiril Owner, viz,, the 
 Donor or Teflator •, and finally ^ according to the 
 Dire^lions of the Church to whom they belong ^ 
 provided ftill, they contradid not the Difpofition 
 of thole from whom Ihe derives her Fvight. 
 
 This is ib evident, and carries fo much Con- 
 viction along with it, that v;hoever difp utes it, 
 le ems either to be void of common Sen le, or wil- 
 fully to renounce the Light of his own Realcn. 
 
 The Church-men have the Adminiitration of 
 thefe <jOods, by Virtue of the Laws, which have 
 impowered Chrillian Communities to acquire im- 
 moveable Eftates, by the Will of the Donors and 
 Teftators who have bequeathed them, and by the 
 Authority given by the Church, declared in the 
 Canons. They are therefore oblig'd to govern and 
 difpenfe thefe Goods according to the Laws, Con^ 
 ditions, and teftamentary Difpofitions, and withal, 
 according to the Canons : And whatever is done 
 
 Q. 4 contrary 
 
2^2 Of Ecclesiastical 
 
 contrary to thelc, can be accounted no other than 
 Injuftice and Ufurpation. 
 
 The Canonifls lay, That the Pope hath a Power 
 lb abfokiLC over the Eccleiiaftical Goods and Bene- 
 fices, that he can unite, divide and beftow them in 
 whatfbever Manner hepleafeth, confer them before 
 they be vacant, ercd new ones, impole Services, 
 Burdens, and Penlions, in which no Bounds can be 
 let him (4) ^ and finally end in this decifive Con- 
 cKifion, That in Beneficiary Matters, the Will of 
 the Pope {lands in place of Reafon. 
 
 It is not eafy to carry a Doftrine higher, than, 
 where Reafon is declar'd ufelefs, yet they ftop not 
 here, but add, That the Pope can change Dilpofi- 
 tions of Wills (5) ; and apply the Legacies of Cha- 
 rity 
 
 (4) St, Thermos did not be- 
 lieve this, who fpeaks to plain- 
 ly, declaring, That the Pope 
 is only the principal Difpenfer, 
 and that Honefty and Fair-dea- 
 ling is abiblutely neceffary to 
 that Trwl. He' Ipeaks of Bi- 
 iliops, among whicih he includes 
 the Pope himlelf in thefeTerms^ 
 Ecckfiafticorum bcnorum funt 
 dif^enjat-res ^■e/ prccuratcres — 
 ad dijpenfatcre^^ autem requtre- 
 tur b:na fides, 2. 2. quell. 185. 
 art. 7. Now Konefty and Fair- 
 dealing are as incompatible with 
 the DiljpoHtion y^d Nutu7n, as 
 Liberty with Servitude. And 
 coniequentiy, ii" the Pope is 
 fubje<ft to the fame Infirmiti-s 
 with other Men, and to the 
 fame Palfions, his Jd JSTutum 
 may Ibmetimes occafion Evils, 
 if-' Princes and Eiihops always 
 left liim to himlelf. 
 
 (<,) Saith the Author, to- 
 wards the End of his 6th Book 
 of the Fiiilory of the Council 
 of Irenty As Vvills take their 
 Force from the Civil Law, they 
 cannot be changed, but by the 
 Prince or Tv agiilrate. And if 
 any one fay, that it is the Law 
 of Nature whi:h gives them 
 Force, it is anfwer'd. That it 
 is for that very Reafon that the 
 Ecclefiatlicks ought ftill to have 
 lefs Authorit}-, Imce ngne but 
 the Prince who can difpencs 
 with this Law, when there is 
 Reafon to dcT it. Now, ac- 
 cording to St. FauU theMini- 
 fters of Chriil have no Adminj- 
 ilration but in Uivine Matters. 
 It is worthy of Oblervation,by 
 the way, that the Roman Jvla- 
 giUrates were ib religious in 
 Point of Vvilis, that even j.'i^e- 
 riP:,i could not obtain, that the 
 JVionev 
 
Benefices and Revenues. 155 
 
 rity to other Purpofes than they were given. And 
 it cannot be denied, that this Praftice has intro- 
 diic'd all the Changes which the Church has un^ 
 dergone in her Inllitutions and Pollicies : The Qiie- 
 fbion ftlil remains, if it can admit of any Doubt, 
 who hath err'd, the Ancients, or the Moderns. 
 
 Martin Navarr^ with fbme others of the mofl 
 moderate among the Canonifts, reftrain the Propo- 
 rtion of their hi gh-ilown Brethren to this, That 
 the Pope may only alter Teft anients, when there is 
 a lawful Caufe for it. 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 infbance in Par- 
 ticular, adds, That the Pope cannot, without good 
 Caule, give to one Church what hath been left to 
 another (6) : How much lels then can he do it to 
 Perfons not nam'd ? 
 
 He faith withal, that this AlTertion of the Ca- 
 nonifts. That the Will of the Pope is of equal Au- 
 thority withReaibn itlelf in Beneficiary Matters,is to 
 be underftood only of fiich Things as are of poflitivc 
 Right, but not of luch as cannot be put in Pra£lice 
 without violating both iho. Natural and Divine 
 Lav/ : And thofe who do not allow an unlimited 
 Power to the Pope, Ihould bring the Canons of the 
 
 Money left by Will to build a 
 Theatre, fhould be employ 'd 
 to another Uie. Cenfinte, iaith 
 Suetonius y ut Tre bints Legatatn 
 hi opus novi Theatri pecuniae ad 
 munlticnem vix transferre ccn- 
 isd^retur, cbtinere ncn pctuit, 
 qu'm rata voluntas kgatcris ejfet. 
 In Tib. 
 (6) Qu^myis, faith Felinus 
 
 ad cap, quae in Ecclefiarum 
 Mum. 44. extra de conftitutio- 
 nib. refpeilu beneficiorum la- 
 tiffima fit potellas Papx, tamen 
 relpeftu bonorum ipfaruni Ec- 
 clefiarum fecus, Unde non 
 potefl; auferre bona unius Eccle- 
 iiae, & dare alteri, fine caufa, ut 
 notat Glofla. ride Archid, ^ 
 Dominic t in can, i. dlft, lo. 
 
 uj^iverlal 
 
2^4 Of Ecclesiastical 
 
 luiiverfal Church within thQ lame Limitations, to 
 avoid falling into an Abfurdity of ib much Confe- 
 quence. That the Church hath err'd in fb impor- 
 tant a Matter, while the Court of Rome hath afted 
 uprightly. 
 
 Navarr adds farther. That in the Clementwe^ 
 where the free Difpofal of Benefices are (aid to be- 
 long to the Pope (7), is not meant by the Word 
 free a Difpofal abfblute, and without Permiilion or 
 Confent of any Perfbn whatfbever ^ but only a Dif- 
 pofal without Prejudice to any Body elle. Kow, if 
 we ihould admit a Conftru^lion that appears fb rea- 
 ibnable, it would make ilrongly 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 ot whom the Requeils had 
 been made : And it favours as little any Pretenfions 
 to a Power of altering Teflamentary Difpofitions, 
 by being fb 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- 
 fiil Caufe to the Contrary. But the Qiieflion is. Who 
 is to be Judge of the Reafonablenefs of the Caufe ? 
 For if he, whofe Authority it is deiign'd to reflrain, 
 be the only Judge, it is the fame thing to give him 
 the abfblute Power, as to limke it by any Condi- 
 tion, if the Law is not fuperior. 
 
 What Navarr farther adds is very remarkable. 
 That in our Age, the Opinion of the Lav^yers, who 
 enlarge fb much on the Power of tliQ Pope in Be- 
 neficiary Matters, is extreamly countenanced, be- 
 caufe it gratifies the Avarice and Ambition of thofe 
 
 (y) Ad quern Ecclefiarum, t & libera difpofltlo nefcitur per- 
 dignitatum aliorumq; bentii- ■ tinere. Ckmcnt, Ub» l» tit,'^* 
 ciorum EccleliaHicornm plena, cap, u 
 
 who 
 
Benefices and Revenues. ^55 
 
 who are in pnrfiut of many Benefices , and that he 
 had heard a Divine and a Canon^'ft^ both famous in 
 their Profeilion, pubh'ckly declare, that they would 
 make no Scruple to accept -all the Benefices in the 
 Kingdom, if the Pope would io beflow 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 belonged to 
 him : To which Navarr anfwer'd, That there weio- 
 fbme alio, who would take a great deal from him: 
 of w^hat belong'd to him ^ and therefore a middle 
 Courle was to be taken, in accomxmodating equitably 
 betwixt Divine and Human Laws : Kot following 
 here in the Example of the modern Lawyers, who 
 carry the Authority of Human Laws ib high, that 
 they decide in their Favour againft the Divine (9). 
 However, tho' thQ Reipcft due to the Pope will 
 not lliffer mc to contcll: an Opinion, which gives 
 
 (8> The}- are }et more icru- 1 
 pulousthan .in Abbot, Avhom I 
 heard lay. That he would make 
 no Scruple to hold 3000 Abbies 
 or Priories, if the King would 
 give them him : A Declaration 
 worthy of Man, who is nei- 
 ther of the Religion he profcf- 
 feth, nor of that which he quit- 
 ted, in ord;fr to get Benefices : 
 And who enjoyeth one at this 
 time, among others, which he 
 won ofthe Collator, at a Party 
 at Picket. 
 
 (9) The Canohifb are not 
 contented to give the Pope an 
 abiblute Power over all Men, 
 but have extended it even to 
 the Angels. T'^idt: FeVin. upon 
 the Chapter Cancnum Statuta. 
 ^um* 6, extra de ccnjtitut, and 
 
 Declus tipon the fame Chapter, 
 led:, 2. num. 21. where belays 
 down for a Rule, That the 
 Pope alone hath more Autho- 
 rity than all the Angels put to- 
 gether, Ma\cr ej}, faith he, 
 cwthjritas Tap,£, quan? fanclo- 
 rum. 
 
 To fee on what Foundation 
 the Pope's Pretenfion is foun- 
 ded, cf his being Mafter and 
 Lord ofthe whole Earth, there 
 needs only to read the Com- 
 mentary o^ Innocent IV. upon 
 the Chap, 8. extra de veto, ^ 
 veil Redewpt, But this Preten- 
 fion is well refuted by Femand 
 T^afquex^ Vtb. i. Ccntrcverf, iU 
 lufir. cap, 21, and hy Grctius 
 m Chap, 3. of his Marc Libe^ 
 rum. 
 
 him 
 
2^6 Of Ecclesiastical 
 
 him fb much Power, yet I cannot comprehend, how 
 it can be made to confift either with Divinity or 
 Realon. I will therefore only propound fbme Dif- 
 ficulties, wliich are commonly ftarted by thole, 
 who have writ on .this Subjeft ; the Refolution of 
 whicli, would put the Matter in a very clear 
 Light. 
 
 CHAP. LIL 
 
 dUESTON I 
 
 T< H E firft Qiieftion is. If the Pope hath fo 
 large an Authority, who hath given it him ? 
 It is plain not Jesus Christ, leeing the Autho- 
 rity derived from him, extends only to Ipiritual 
 Things ; that is to fay, to bind and loofe, to remit 
 or retain Sins (a). As for Ecclefiaftical Goods, we 
 have already proved, that they are poiTefs'd by Hu- 
 man and not by Divine Right ■^. The Pope there- 
 fore hath received no fuch 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 Church to the Ec- 
 
 (a) Tibi dabo, fartb Jefus 
 Chrift to St, Peter, Claves rcg- 
 ni ccelorum. Et quodcunq; li- 
 gaveris luper terrain eritliga- 
 tum &: incot'lis. Mat. 16 ^ 18. 
 Quorum remireritis peccata, 
 remittuntur eis, S: quorum 
 /wy KingdofTJ is net temporal) 
 letinueritis retenta^ Jean, 20. 
 
 By the Keys of the King- 
 dom of Heaven, Jeius Chrill 
 giveth St. Peter to underiland, 
 that he gives only a Ipiritual Ju- 
 rifdiAion, leeing his Kingdom 
 is purely ipiritual. Regnum 
 meum ncn efi de hoc mund'u 
 
 * Article 20, Queft. i. 
 
 cleiiailicks^ 
 
Benefices and Revenues '2^j 
 
 cleliaflicks of the Place, and under fiich exprefs 
 Conditions as cannot be alter'd. Seeing therefore 
 no other Patrons or Owners can be found but thefe, 
 and that there is no other Right but what iiows 
 from them ^ it remaineth to inquire by what other 
 Channel this Authority could be convey'd to the 
 Pope. 
 
 Q,U E S I O N IL 
 
 To tliis Qiieflion may be added another as mate- 
 rial, which is, that if he hath this Authority, 
 whence comes it, that his PredecefTors for more 
 than looo Years have never exercis'd it ? And that 
 neither Councils, Fathers, ' Canons, nor ancient 
 Hiftories have ever mentioned 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 
 1 100. the Confulions and Corruptions were fo 
 great, that ours are comparatively inconfiderablc : 
 Yet no Pope then ever concerned himfelf in the 
 Management of the Eftates of other Churches, as 
 much as they wanted Regulation : And even after 
 the Popes had begun that Practice in fbme meafiire, 
 none of them ever pretended to fo abfoiute a Power 
 and Diredion, before Clement IV. Kor even did 
 that Pope venture to lay a dire£l Claim to iuch a 
 Power, touching it only in pafTlng, and without 
 the Appearance of any Delign in mentioning it ^, 
 A way of fpeaking which feldom ufeth to be con- 
 vincing, feeing things that are occaiionally men- 
 tioned, and as it were by Accident, are commonly 
 
 * See Chap,'^'^, and the De- 1 cretal of Pope Ce^nenty in the 
 * Notes. 
 
 exprefs'd 
 
a^S Of ECCLESIASTICAI. 
 
 exprefs'd in another Manner, than if they were di- 
 rect Propoiicions to be examin'd and difcufs'd. 
 
 Nor can any good EfFed it has produc'd be nrg'd 
 in Defence of this Authority, which hath open d 
 Co wide a Door to all the Abufes. From this 
 Quarter have come Penfions, Commendams^ Re- 
 greffes. Unions, Reflgnations, Expeftatives, Re- 
 fervations. Annates, Quindenniumsj and other De- 
 vices, which have broke in upon us, and which 
 none pretends to approve, or excuft, other wife 
 than by the general Corruptions of the Times. 
 
 Q.U E S T I O N III. 
 
 There remains a third Difficulty upon this 
 Point, no lels confiderable, which is, That ever 
 lince the Popes firfl began to exercife this abfolute 
 Power, the Chriflian Princes have conflamly com- 
 plained, and made Oppofition, as we have above 
 related, whicli- hath obliged tho. Popes to reftraiii 
 the Exercife of it> 
 
 But it hath not been fuch a Reflridion, as hath 
 amounted to a vohnitary Ceifation of that Autho- 
 rity, but ratiier a fort of Contract or Compromife, 
 ufiial in the Gale of doubtful Rights, whereby it is 
 flipulated and declared v/ith Princes, how far their 
 Pretenfions ihall extend, which cannot be carried 
 to the Prejudice 6f the Popes their Succeffors, if 
 the Authority of the Pontificate were not before 
 reftrain'd within any Boundr. Leo X. when he 
 took away th3 Pragmatick, eflabliih'd the Concor- 
 dat, and fo he ftiles it in the Bull. Now, whoever 
 hath a full and abfolute Authority, cannot be faid 
 
 to 
 
Benefices and Revenues* 2^9 
 
 to make any Agreement (i), but treats as a Supe- 
 rior with his Subjefts, and by way of Conceflions : 
 And I lay not this Strefs alone upon the Word Con- 
 cordat, but the fame Argument holds in all the like 
 Cafes. Kot only Leo ftiles it in his Bull Crjcor- 
 dia (h)^ but farther explains himfelf in thele Terms, 
 jUam ven contraElus & ohligationis inter nos^ & fedem 
 uifoftoltcam ex nna^ & trancifcum Regent ex altera 
 fartibus legitime uniti. 
 
 If any one require here a firther Explanation, it 
 is very obvious. The holy See is at Difference with 
 the Kingdom of France : The Popes claim an ab- 
 folute Power over all Benefices, relerving to them- 
 felves the Difpofal of them, &c, Trance on the 
 contrary maintains. That fiich an Authority be- 
 longs to its own Biihops : To put an End to this 
 Ditference, they come to a Declaration of their 
 Rights, that lets Bounds to their Pretenfions on 
 both Sides. How then can theie Pretenfions be 
 laid to have any fix'd, indiiputable and natural 
 Right ? 
 
 If there be any better Anfwer or Solution to be 
 made to thele Difficulties, I profefs my own Ina- 
 bility to find it, and mull refer my felf to xhs: 
 Judgments of the Learn'd. I can only fay, That 
 if the Practice of the Church for more than loca 
 Years had been yet preferv'd, which was. That tlie 
 Eftates of every Diocels were managed by its own 
 proper Minillers, all thele Grievances had been 
 prevented, and the Revenues had doubtlels been/ 
 
 (\) This is perhaps one of 
 the Realbns, why Leo would 
 not ili/Fer the Council of Za- 
 tcran to call it the Concordat 
 in the Decree, where it fpeaks 
 of thv SupprelTioii of the i^yag- 
 
 niatick, tho' the one hath as 
 much rehtion to the other^ as 
 the Achat is to the Vcnti, 
 
 (b) Concordiam cum Fran- 
 cii'cc inviolabiliter cticrvari de- 
 iideramus. 
 
 more 
 
240 Of ECCLESIASTICAX. 
 
 more uieflilly and faithfully applied than they arc at 
 this Day, if we were capable of profiting by any 
 Examples. 
 
 (QUESTION IV. 
 
 Having in the three firft Qiieftions treated of the 
 immoveable Eftates of the Church, we come now 
 to the fourth, which concerns the Fruits or Reve- 
 nues arifing from thole Eftates. 
 
 All the Fathers who have writ before the Divi- 
 sion was made of the Goods of the Church into 
 four Parts, have all agreed, that they belongM to 
 the Poor ^ and that the Ecclefiaftick Miniiler had 
 no other Right in them, but to manage, direct, 
 and dilpenfe according to thole I'^ecefTities ^ treating 
 as Robbers, and facrilegious Perfbns thole Mini- 
 fters, who applied thole Eftates to any other Pur- 
 poles than the Defign of their Inftitution. Yet all 
 the Ecclefiallicks 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 ObjeO:s : But this Care, after the Example 
 left by the Apoftles, was committed to the Deacons, 
 Sub-deacons, and other Oeconomifts (i), who gave 
 
 Account 
 
 (i) The Church being be- 
 come rich in PolTeffions, and 
 the Deacons and Eifhops dift- 
 rafted with the Care of them, 
 the Council of CaJcedon order'd 
 that the Biiliops fhould appoint 
 
 Quoniam, faith the Council, 
 Can, 26. in nonuliis Ecclefii? 
 Epifcopi abiq; Oeconomis trac- 
 tant res Ecclefiafticas. placuit 
 omnem Ecclefiam Epircopum 
 hahentem ex proprio Clero Oe- 
 
 a Steward to look after the Re- conomum quoq-, habere, qui ex 
 venues of the Churches. Epifcopi fui fententia res Ec- 
 
 ckiiafticas 
 
Benefices and Revenues* 24 
 
 Account to the Biihop ^5 and in Ibme Places to the 
 Presbitery (ij. 
 
 After that Benefices were inftituted, it leems pro- 
 bable that the Biihop, Priefls, and other Clergy 
 dilpos'd as freely of the Revenues of their Benefices 
 as of their own Eflates, and as of the Share which 
 properly belonged to them. Yet all Vv^riters fecra 
 to agree, that the Priefl ought not to take any more 
 of the Revenue of his Benefice, than what was 
 ilri£]:ly neceffary, and that is obliged to employ 
 the rcfl in Works of Charity ; and certainly with 
 great Realbn, for the. Divifion which was made of 
 the Revenues could liot change their Nature : For 
 if an Eftate which hath a Duty or Charge annex'd 
 to itj comes to be divided, both the Parts are fiib- 
 jeft to the fame Obligatioii. 
 
 ; Among thofe Fathers who have writ fince the 
 Divifion, St. Gregory who liv'd fbmething more than 
 100 Years after, and St. Bernard who liv'd about 
 800 Years after him, inveigh loudly againfl thofe' 
 who make an ill Ufe of the Revenues of Be- 
 nefices, as Ufiirpers of the Publick Goods, and 
 
 cle/i?fl:icas difpenfet, ut nee fine 
 teftibusfit Ecclefiae adminiftra- 
 tioy atq; adeo res ejus dilfipen- 
 tur, &, probrum ac dedecus I'a- 
 cerdotio inuratur: Si autem 
 hoc non fecerit eum divinis e- 
 tiam Canonibus iUbjici. Vzde 
 Can, 1 1. Ccncil, N'tcxni 2. 
 
 The Stewards were: call'd 
 Vke-Dowhjiy as may be leen 
 by the Canons Volumus 2. ^ 
 J)iatwnum 3. Aifl, 89. which 
 are taken from St. Gregory, 
 '\\\Q VicS'Domini of the Bi- 
 
 fliops, faith tlie PerrcnUnay 
 were certain Lords, who were 
 Vicars of the Eiih.ops in their 
 Temporalities, but Lords of 
 the Soil. 
 
 , '*■ Vide Jvlomocan. Phoft", 
 tit. 10. cap. 1. 6: ibi Balzamon. 
 (2) They fo call d the Coir 
 lege of Priells and Deacons. All 
 Affairs laid before this College, 
 who examin d and reported 
 them to the General Ailembij' 
 of the Faithful. 
 
 R 
 
 Murderers 
 
04^ Of EcCLESIASTICAi: 
 
 ?vlurderers of the Poor, whom they ought to 
 feed (a). 
 
 This hath been the Language of all the DoO:ors 
 and Writers on this Subje^l, until the Year 1250. 
 when tiiey began to refine upon it with more Sub- 
 tlety: And as what the ancient Writers affirm'd was 
 admitted, That every Clergyman fanned, who em- 
 ployed the Overplus of what w^as neceilary for him, 
 to ill Purpoies, th^ Qiieflion was now fiatecl, Whe- 
 ther thoie Beneficiaries w^ho did not employ the 
 Overplus to the Uies he ought, did not offend 
 more than he who fpends his own Eflate to ill Pur- 
 poies ? Or, Whether they be not oblig'd to Refti- 
 tution as much as if they had Ipent another Man's 
 Eflate ? 
 
 It they really be the Proprietors of the Fruits of 
 their Benefices, or, to ipeak in the Terms of the 
 Civilians, Vfufrun:uariiy they iin indeed in adminill- 
 ring them ill, but they do Injury to none, and con- 
 iequently are bound to no Reflitution, lince they 
 have m.ade an ill ufe of nothing but their own. 
 But if they are only the Difpenlers, with a Power 
 of employing fo much only to their own Ufe, as 
 is neceifary for them, and no more, which the Law 
 calls Vfuaril (b)y they are obliged to make Reftitu- 
 
 (a) Cum nos, fazib St. Gre- 
 gory, lib. 3. cf bis Paflcraly 
 Admonit, 22. neceliaria indi- 
 gentihus miniitramus, iua ill is 
 reddiinus;, juflitiseque potius 
 deb'tum quam miierecordise o- 
 pus implemus. 
 
 ■ And to the fame Purpofe 
 {iiith Peter Cantort That the 
 Chariti:is giveu by Beneficiaries 
 are not properly given to the 
 Poor, but to Jelus Chrift, 
 whole Patrimony they have the 
 Care of, as Difpenlers and Exe- 
 
 cutors of his Will ; which if 
 they do not taithfully perform, 
 they are no better than fo 
 many Robbers. 
 
 (b) Cum ufuarlitantum, non 
 ufufrucftuarii, fint, omnes Ec- 
 cleli:fi proventus folo nudo ufu 
 excepto pauperibusj quiEccle- 
 flas bonorum vero domini funt 
 dare vel potius redd ere tcnen- 
 tur. Tbe Prefident du Ferrier 
 in cne of his Harangues to the 
 Council ofXxQDU 
 
 tlQ% 
 
Benefices and Revenues a/^.'j 
 
 tion to the Value of what they had dilTipated : And 
 which is more, whoever receives any Gift by the 
 Will or Donation of fnch as have no Right to give, 
 he alio is oblig'd to make Reftitiition. 
 
 A real Scruple of Confcicnce firfl gave Rife to 
 thefe Doubts, which after having been canvas'd for 
 350 Years (3) remain undecided at this Day, with 
 an equal Mumber of Authors on both fides to fup-- 
 port it : And it hath been lately reviv'd with much 
 Heat and Wrangling betwixt Alartin Ndvarr^ a cele- 
 brated Canonift and Cafuift, and Francis Sarmie'/ito ^ : 
 Navarr maintaining, that Beneficiaries are not the 
 Proprietors, but meerly the Dilpenlers of thole 
 Revenues ^ fo tliat they who fin are obliged to make 
 Reilitution. 
 
 Cardinal Cajetan holds a middle Opinion, fiyingj 
 That Beneficiaries who have no more than what is 
 Ih'iO-ly their ov^rn, or but a little exceeding, are 
 truly Proprietors of their Benefices, becaufe they 
 hold no more than what is the Share that is diie to 
 them : But this cannot be faid of the rich Bifhops 
 and Abbots, whofe Revenues confifiing botli of the 
 Church's (4J Share and the Poor's, oblige the Benefi- 
 ciaries in Jufiiice to beftow largely in Alms, and 
 other pious Works, under Pain of Reflitution, both 
 in thole who lay it out other wife, and in thofe who 
 
 (3) To reckon from the 
 Year i2«?o. -when, lie faith, 
 this Queftion began to be feton 
 Foot ; which points at the time 
 when Fra. Paolo wrote this 
 Treatife, vi^* in the Beginning 
 ©f this Age. 
 
 * In hij Treatife deRsdditi- 
 
 bus Ecclejiaflich the Arguments 
 of Navarr and Sdrj7?ientc are re- 
 lated by Gardasy in his Trea- 
 tife de BemJlciiSi part. 2. cap. i, 
 
 (4) That is to f-'.y, of what 
 belongs to the Frbrick, which 
 they are entrufted to look af- 
 ter. 
 
 R i 
 
 recfive 
 
a44 Of Egclesiasticai. 
 
 receive it (c). Nay he carries it & far, as to fa>% 
 Thiit whoever receiveth from the Pope any Prefer-^ 
 maits^ or Eftates belonging to the Church, in or- 
 
 (c) KedSms Epifco^ales aut 
 fct teiiues^ ita quod luffi-cknt 
 pro f«tbi*d£o Epircopi;* aut funt 
 raediocres, ita quod fufficiant, 
 & parum. alniTjdant ; aut Iknt 
 alumdantes notabiliteriupra id 
 f\uod FieceJOfarium eft ad luften- 
 tatioTjem Epifoopi. Et fi pf imo 
 aut fecundo modo fe habent, 
 cttmcoiT^etj quod princijpa liter 
 ordli?.aptur ad Epilcopi liiften- 
 tatioBcm, idem videtur de re- 
 ditibas I^is judicium, quod de 
 praetl^T^dis Ckrtcorum {yhferve 
 til at Se hatbfazda Uttle he for e^ 
 that ibs Revenue cj the Bifljop is 
 at k mere his Vrthmd-, Conftat 
 autem <]ia (xi reditus Epifcopi eft 
 ficut Frae^^endailliusJ itaquod 
 quia quod panun fuperabundat, 
 pixj nihi'o a jare computatur 
 prcpterea j^m obligatitur tales 
 Epifcopi ad hujuimodi diftribu- 
 t3.op.em (icilicet in patipcres, & 
 f^ibricam) H aiitem redditus 
 furzt pm^ues ^ abund antes, ita 
 lit f^jpientis anim-3 cadere non 
 poifit, quod iint Hpifcopo affig- 
 rmX pro ejus (uftentatiojie, tunc 
 teiietur Epilcopus duas quartas 
 ^Q. i\\tTm.% diilrlbaere in paupe- 
 res, <s: ecciciias fabrlcam, leu 
 fuptne£tilem, ^ cetera. Et 
 ratio eft) quia ex hoc, quod 
 clen'cihahei)treorfurn (uain por- 
 tiorjem, non eft lubtra6la a jure 
 paucnirlbus portio illis dthita 
 CAJuti; & imilliter Don eft fa- 
 bricat fiibtracra a jure portio illi 
 ex jtire deb'ta j ied bona ^t^Hl- 
 
 copalia remanent affe<fla tali ju- 
 ris dilpofitione antiqua & fanfta, 
 ita quod quemadmodum, quan- 
 do €rant communia Eccleftafti- 
 ca bona his quatuor icilicet E- 
 pifcopo, Clero, Pauperibus, & 
 FabricDC commiffa erant Epif- 
 dopo cum vinculo, & debito 
 talis diftributionis, ita exclufo 
 uno membro, icilicet Clero 
 tali communitate, quia jam ha- 
 bet proprias prxbendas loco fuse 
 portionis, remanent bona Epif- 
 copalia communia reliquis tri- 
 bus^ ita quod pauper ibus rema- 
 neat debita quarta poitio. Com. 
 2(Ia,2d£, 4juefi, 1^5. art, 7, in 
 refp, adqutft, i. 
 
 Si autem, faith hey in. the 
 Anfwer to the fecond J^efiion^ 
 redditus Epilcopi tantus eft, ut 
 rationabiliter appareat quod non 
 quafi prasbenda ilbi refpondeat, 
 led quia pater eft pauperum, 
 igitur tanta bona fuse iunt iidei 
 
 commifta ut diftribuenda 
 
 ita quod Epllcopus talis male 
 difpenians, & illi ad quos per- 
 veniuntj tenentur ad reftitutio- 
 nem omnium illorum, qux pau- 
 peribus vel eccleii3S debentur. 
 Rationabile autem videtur, 
 quod ii abundantes redditus ex 
 eccleiiafticis decimis, aut pol^ 
 ieffionibus conftant, commifla 
 fint Epilcopis, ut patribus pau- 
 perum Epiicopo creditsj^ lurjt. 
 Ideo enim Epilcopis datae fuiit, 
 quia occulta fide perl'piciebatur 
 eos efle partes pauperum. 
 
 der 
 
Benefices and Revenues. 2^15 
 
 der to enrich and agrandize himfelf in the Wodd, 
 are alfo obliged to make Reftitiition : All DiJiiatioiss 
 of the Goods of the Chiurh, which have not a 
 Motive of Piety or Cliarity, being no hnvfi^I jylS:- 
 ribution, but an hijuftice and a Diflipation (/), 
 
 Without refining and ilibtilizing too miKh on 
 this Subjed, all the Difficulties that can arife upon 
 it, methinks raay eafily be relblv'd. And iiril as to 
 the Revenues which are founded upon Wi]l% or 
 Ibnie other original Right or Inftitution, and dedi- 
 cated to fome pious L'fe, tor any Man to conveit 
 them to his own, or to any other fccular Ufe, is, 
 in my Opinion, an Abule ; which may phiiniy be 
 calFd an In valion of another Man's Property. 
 
 And if a Beneficiary ihould fail in performing 2ny 
 Taill in the Manner committed to him, either in 
 mifapplying the Revenues to himlelf or others^ 1 
 cannot comprehend how he Vv'ould be able, under 
 any Bull of the Popes, or any other Pretence, to ju- 
 ftify himfelf^ unlels he could prove himlelf not to 
 be exactly in the fame Situation with an £>xcutor, 
 who takes to his own Ule what the Teilatcr ielx 
 
 (d) Nee putes, faztb be, 
 propterea quod Papa liabet ple- 
 nitudinem poteftatis ecclefiaili- 
 cae, ob hoc poflit de bonis Ec- 
 clefix ditpoiiere ; quoniam ple- 
 nitudo poteftatis Ec-lefiafticae 
 intelligitur in I'piritualibustan- 
 
 tum Unde itatenentur ad 
 
 reflitutionen^ qui a Papa bona 
 JEcclefise pro libito Papae habue- 
 runt, ut ditentur, exaltentur, 
 & niagniiicentur. [^This gives 
 a deep Wound to the A'ep:i'//)»5 
 and condemns the Doctrine of 
 theCanonifts, who held, that 
 the Pope can give Benefices 
 
 j^d Ktifum, and that iri xlm 
 Cafe his Will ftands in place of 
 Realbn,] ^^ ioncludfSy oniuis 
 namq-, donatio ecclefiaftic3C rci, 
 pietate, vcl neceffitate^ vacua, 
 non diftributio, fed diffipatio 
 eft.- QmwznU 2^x, 24-^ ad 
 artic, 8. ^ua^ft. 43. 12. f. 2. 
 Anhid-^^fl Hugonem in Cz??* 
 ncn Ikeat J^apje, frntby tbat 
 Papa peccat mortaliter, d vult 
 res ecclefiafticas coKluirjere in 
 turpes ufus, vel dare confangui* 
 neis, ut eos divites prx aliis la- 
 ciat, vel at ipli cocfti-uant pa- 
 jatia. 
 
 K 3 
 
24^6 Of Ecclesiastical 
 
 to others : And this is a Truth, which feems to 
 carry liicli a felf Convidion along with it, as I per- 
 fuade my lelf no Man can doubt, who is not wil- 
 ling to cheat himfelf. 
 
 On the other fide, common JuHice requireth, 
 that he whole Work it is, ihould pay the Workmen 
 their Wages ^ and it cannot be denied, but that the 
 Choriflers, the Organill, and other Officers of the 
 Churches are Judges of the Prices of their own 
 Service. 
 
 Keither is there any thing unreafonable in laying. 
 That the Priefts, and the other Clergy ought to be 
 paid their Salaries for the Services they perform in 
 thQ Church ^ and that they have the only Right 
 to fuch Revenues. And when a Benefice is infti- 
 tuted upon Conditions, which fubjeft to fuch and 
 Hich particular Services, fiich as are many Ganon- 
 ries. Prebendaries^ Theologales, Manfionaries (e), 
 and other Benefices of that Kind, there is no Ab- 
 furdity in laying, that thele are the Confiderations 
 for fiich Services. 
 
 The Inftitution of Benefices is ip ancient, that 
 the Memory of their Original is loft, as well as 
 whether they were lield at firft by the Tenures of 
 any Services. to the Church. But this a Man of 
 fcrupulous Confcience can no longer doubt, when 
 he compares the Revenues with the Service he ren- 
 dereth to the Church ^ in putting one of thele in 
 tiiQ Scales againft the other, he will cafily be con- 
 •vinced that the Benefice is the Salary for his Ser- 
 vice. 
 
 (e) yi^nCLonannSi faitb Onu- 
 perius in his Explanaticn cj Ec- 
 ekftajlical ISlameh dicftus cfl 
 Cuilos, & Conlervator sedium 
 exlelialHcarum, templorum, & 
 altarium. Item familiaris, 6c 
 
 domefticus a manfione. Hodie 
 in multis Ecclefiis extant, cu- 
 ramq; plalmodise & altaVium 
 habent. Thm thz Sacriftary 
 ccmts nzarcfl to the Manlionaiy, 
 
Benefices and Revenues. 247 
 
 But where the Revenues much exceed the Portion 
 that is necelfary for the Inaimbent, who can be ib 
 weak to believe, that Revenues of that Size were 
 ever intended to be left him to difpole as he plealed, 
 and not to know, that there is a Duty or Charge 
 annex'd to the Benefice in its very Inflitution, con- 
 iidering the little Probability that fo large Revenues 
 ihould be defign'd for one Man (/J ? 
 
 Theie controverted Points among the Cafuifts^ 
 lo full of Difficulties when they are propoled ia 
 Generals, are eafy to relbJve when they come to 
 particular Cafes : And, Confcience rightly con (lil- 
 ted, and in Peribns who have not ftified it with a 
 wilful Ignorance (5J, will eafily clear thefe 
 Doubts (^). For GOD leaves not the Mind of 
 thole to wander under any Uncertainties of Impor- 
 tance, who tread in the Paths delcrib'd in his Com- 
 mandments (h). 
 
 (f) Inlqua, faith Cajetan, 
 elTet lex decimarum in novo 
 teftamento, 11 ultra honorabile 
 lllpendium miniftrorum Dei, 
 tanta rerum afHuentia uni depu- 
 taretur, cum dam no totius po- 
 p^ilij nifi ut patii pauperum. 
 
 Comment. 2dje. 2t{je. artk 7, 
 ^«e/?. 1S5. ?"» refp. adquefl, 2. 
 
 ( 5 j Veritatem Y^^i m iDJufti- 
 tia detinent, Rom. i. 
 
 {g) InteliecVus bonus omni- 
 bus tacientibus eum, Vja], no. 
 
 {h) Deus enim iilis nianifeila- 
 yitj Rom* I. 
 
 R 
 
 CHAP. 
 
248 Of ECCLESIAST^ICAL 
 
 CHAP. LIII. 
 
 As for any new Acquilitions, every thinking 
 Man, I believe, is feniible that they draw 
 towards an End \ or at leaft, 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 reaped io 
 little Advantage hitherto from the Permifllon gran- 
 ted to them by the Council of Trent to acquire 
 Eflates, have no Proipeft of much more frpm it 
 for the fiiture : In places indeed where they have 
 already acquired any thing, and have not loft their 
 In te reft, they have moft Reaibn to hope for more 
 Advantages, tho' with no Probability of happening 
 in any conftderable Degree. 
 
 The others, who would not be compreliended in 
 this Privilege, I mean the Capuchines, prelerve 
 their Reputation becaufe of their Poverty : And if 
 they ftiould fuffer the leaft Change in their Inftitu- 
 tion, they would acquire no immoveable Eijtates 
 by it, but would lofc the Alms they now rf- 
 <;eive. 
 
 It feems therefore as if here an abfolute Period 
 weri^ 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 Eftatcs, this Order would certainly find no 
 Credit in the World : And if a Profeflion of Po- 
 verty were Part of the Inftitution, while that h^f:d^ 
 there could be no acquiring, nor Credit if they 
 broke it. 
 
 Yet 
 
Benefices and Revenues. a 4 9 
 
 Yet our Age can boall of a Produftlon truly fm- 
 gular and original, and niferiqr to nothing of this 
 Kind, which hath appear'd in any Age. This is 
 the Inflitution of the Jefuits, who by a Mixture of 
 Povery and Abundance, conciliate to themfelves the 
 Efteem and Ajfedion of the World, rejecting with 
 one Hand, what they receive and poffefs, as a Com- 
 pany and Society, with the other, For tho' their 
 protefs'd Houies(i) are not capable, by their In- 
 flitution, of poflefiing immoveable Eftates, yet 
 their Colleges are capable of acquiring and poiTef- 
 fmg(2). 
 
 They fay, and certainly with Reafbn, that no 
 Government fmiple and unmix'd is peried, but that 
 Mixtures are found to have their Conveniencies, on 
 all Occafions : That the State of Evangelick Po- 
 verty emhrac'd by the Mendicants hath this De- 
 feft, that it is only adapted to fuch as are already 
 well advanced in the Way to Godlinels, whoft: 
 Kumber therefore cannot be very great. But for 
 their parts, their Defigns in receivmg Youth into 
 their Colleges is, to inflruct, and by an Acquiii- 
 tion of all Vertues, to fit it for a Life of Evange- 
 lick Poverty ^ fb that Poverty is indeed their De- 
 fign and effential End, but they grow rich by Ac- 
 cident. 
 
 But the Fafts we fee are yet a flronger Degree of 
 Evidence, than the Words we hear. They write 
 themfelves, that they have at prelent 21 profefs'd 
 Houfes, and 293 Colleges : From this Difpropor- 
 tion every Man may conclude which is the e/fential 
 Part of their hiflitution, and which their acciden- 
 ,tal. Upon the whole it is not to be denied, than 
 
 (0 In which the Society ef- 1 (2) As being founded to tha 
 fentially confifts, as the General I End to entertain great Num-. 
 Zaine^ laid to the CouQ^^i*. I bers or" Students. 
 
 they 
 
250 Of ECCJLESIASTICA JL 
 
 they have acqulr'd vail Riches, and that they are 
 in the high Road to encreafe them (3). 
 
 As all the Temporalities v^''hich the Church en- 
 joyeth arole from Alms and Oblations, ib in the 
 Old Teftament the Fabrick of the Sanctuary was 
 iiipported the lame Way (a). But when the In- 
 ipedors of this Work faw the People continue their 
 Oblations, tho' all was given already that was 
 needful, they faid to A^ofesj The People give more 
 than is needful ; and Mofes ftraight publiih'd an Or- 
 der, That no more fhould be offered for the ufe of 
 the San^uary, becaufe more than fufficient had been 
 offer'd already (b). By which it is manifeft, That 
 GOD would have nothing fliperfluous and fiiper- 
 abounding in his Temple. And if it were his de- 
 clared Plealiire in the Old Teftament, which re- 
 garded only the Things of this World, that all the 
 Goods of the Church ihould not go to her Mini- 
 sters, it is lels declared in the New. 
 
 (3) We may obferve here, 
 that Fra. Paclo had a true Hat- 
 red for the Jefults, as a good 
 Venetian and Republican^ for 
 theirlnilitution, which is wholly 
 Monarchical, I'eems incompa- 
 tible with the Maxims of the 
 T'"ai€tian A rifltocrac}". A nd it 
 was one of the (Irongeft Reafons 
 which the Doge Leonard Dcnato 
 urged to the Cardinal de^cyeufe, 
 who iollicited their Re-efta- 
 blilhment with great Warmth. 
 (an. 1607.) 
 
 To which add, that this So- 
 ciety hath more Wit and Pene- 
 tration than a Goverr.meiit de- 
 li reth, that is fo apt to take 
 Umbrage, and where for Rea- 
 sons cfitate^ tlie Prz^lls^Monks^ 
 
 and the People are overrun with 
 Libertinage and Ignorance. 
 
 ('^)Obtulerunt mente promp- 
 tiiTima atqj devota primitias 
 Domino ad faciendum opus ta- 
 bernaeuli teflimonii ; quicquod 
 ad cultum necefflirium erat, viri 
 cum muliebribus prxbuerunt, 
 Excd. sc. 
 
 (b) Quot'die mane vota po- 
 pulusofferebat: unde Artifices 
 venire compulfidixeruntMoyii, 
 plus o/Fert populus quam necef- 
 farium eft : ] uffit ergo Mojfes 
 prxconis voce cantari : Nee vir 
 nee mulier quicquam offerat 
 
 ultra in opere iancauarii' 
 
 eo quod oblata liifficerent, 6c 
 luperabundarent, Exod, 36. 
 
Benefices and Revenues. 151 
 
 But where will their Acquifitions end ? or w*]iat 
 Bounds v>?ill be fet to them ? Vv'ho among them will 
 ^^y. The Teofle have given enough f The Minifters 
 of the Temple, who made up the 13th Part of the 
 People, were not capable of receiving or enjoying 
 anymore than the Tenths (c) : Ours^ ¥/ho arc Icarce 
 the hundredth Part of the People, poffeis at this 
 
 Time* perhaps more than the Fourth. 
 
 * 
 
 Is it im.pofiible there could be any Inconvenience 
 in Churchmen's acquiring ad infin'mim^ and if all the 
 reft of the World were reduced to hold every 
 thing by Farm ? Among Chriftians, human Laws 
 have no wiicre let Bounds to any Man's Eftate, be- 
 caule he who encrealeth it to Day, may alienate to 
 Morrow. But there is in this Cafe a Circumftance 
 perhaps without Example, That an Order of Men 
 perpetual, and which never dies, ihould be always 
 capable of acquiring, and never of alienating (4J. In 
 the Old Teftament the Tenths were given to the 
 Levltesy becaule it was the L O RD's Part (d\ 
 
 (r) Nil aliud poflidebant, de- 
 cimarum oblatiore content!, 
 JV"«w. iS. Oblationes Ifrael 
 comedent;, & nil aliud accipi- 
 ent de poflelHone fratrum iuo- 
 rum. Dent. iS. 
 
 (4J The Clergy being a Body 
 >vhich never di^s, which daily 
 receiveth Increaie by n-w Do 
 
 bi'ity and People bei.n^ the Legs 
 and ArmSj, grow lean, and 
 pine in Proportion astheClergy 
 encreafe. RtfleB:iais fur k traits 
 de la PcUti^uti dc France, 
 
 (d) Accipies, Jaitb Gcd Id 
 AaroDj de his qux tanftifican- 
 tur & obiata i'unt I>i>mino- — . 
 oiiinis oblatio, & quiccjuid red- 
 
 nations, and can part with no- ditur mihi, 6: cedit in iani^la 
 thing again, a Writer of good j lanclorumj tuum erit, & iilio- 
 Repute illultrates the Matter | rum tuorum. J^nd feme Lims 
 with faying. That as the Thighs! after y Onmes ps imitias i'andua- 
 and Arms grow lean when the | rii, <]uas oiferunt filii Ilrael 
 Belly grows too big, To fares it \ Domino, tibi dedi ^ filiis tuis 
 with aRepublick, whofe No- 1 jure perpetuo, Num. iS. 
 
 and 
 
1^7 Of Egclesiasticai. 
 
 ^nd therefore they were forbid to take any niore(e) : 
 A Rule which tlaey, who enjoy the Privileges of 
 the Levitesy ought to obferve, in taking upon them 
 Till the Conditions required of them^ and not only 
 liich as turn to their particular Advantage (5), 
 
 {e) In terra iorum nihil pof- 
 fidebitis, nechabebitis partem 
 inter eos. And God gives the 
 Reafon to Aaron* Ego pars> & 
 hsereditas tua. Becaufe, faith 
 
 be:, / a^ *^y fiJf ih -f <^* ^'^^ 
 ihy Inheritance, Ibid. 
 
 Non habebttnt Levitae par- 
 tem & haereditatem cum reli- 
 
 quo Urael. • Domlnusenim 
 
 ipfe eft hsereditas eorum, D^ut, 
 18. 
 
 (fy) The Senfe of the Author 
 is, that i^ tlie Ecclefiafticks will 
 urge the Example of the Xe- 
 vitest who received the Tenths 
 of the People of Jfra£ly they 
 ought like them alfo to renounce 
 every thing elfe, and cohfe- 
 quently all ibrt of Acquiiitions 2 
 It not being irealbn^bie to enjoy 
 a Priv Hedge withoi^t obferving 
 the Conditions impoied by him 
 who gi-antcd it. 
 
 CHAP. LIV, 
 
 HAving given a large Accoimt how the Church 
 hath acquired her PoffefTions^ arxl how they 
 Bave been employ M, it remains that we examine 
 what became of the Fruits and Revenues which 
 happen'd to be remaining and undifpos'd at the 
 Deaths of the Beneficiaries ^ how they were diH 
 pos'd, and whether the dying Perfon might dill 
 pofe by Will ^ or if inteilate, to whom thefe Pro- 
 iits 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, remained incorporated in the common 
 Stock, and was manag'd in the lame Method by 
 ^ais Succgifon 
 
 ■ But 
 
Benefices and Revenues, 155 
 
 But when the Benefices were inftitiited, it was or- 
 der'd at the lame time by the Canons, That whate-^. 
 ver Eflrate the Beneficiary Ihould leave at his Death^ 
 ihould go to the Church : By the Church, if it were 
 Collegiate, and had a common Table, was under- 
 flood the whole Body of the Clergy : But if the 
 Beneficiary had no Collegues or Brother-profeflbr?, 
 then by the Name of the Church the SuccefTor was 
 intended, who was obligM to adminifter thele re- 
 maining Fruits in the lame Methods as his Prede^ 
 celTor had been : And this Ulage continued until 
 the Year 1300. 
 
 But as it often happen'd, that Beneficiaries had 
 other Eflates, to which they were either born, or 
 which they had required by their own Induflry, it 
 was laid, that they might difpoie of thefe as ab- 
 ibiute Proprietors by Will *, but not of the Profits 
 of the Benefice, in cale of Death 0?;. Whence it 
 came, that the Clergy who had fmall Benefices, 
 and where the Revenue exceeded not the neceffary 
 Expence^ difpofed by Will all their own Eftate, and 
 alfo what they had laved by their own Parcimony 
 out of their Benefices, reckoning this as an acqui- 
 red EUate. And there is a Cuftom, which is the 
 Confequence of this, obferv'd fince in inany Chri- 
 ilian Kingdoms, that the finall Beneficiaries have a 
 Power of dilpofing by Will, even the Fruits of 
 their Benefices •, and that wliere there was no Will, 
 the next Friends inherit to the Profits, as in the 
 
 (a) Epifcopi de rebus pro-^ 
 priis vel acquifitisj vel quicquid 
 de proprio habent, hseredibus 
 fills, fi voluerint, derelinquant ; 
 quicquid vero de provifione Iu3s 
 ccclefix fuerit, five de agris, 
 five de fru<ftibus, five de obla- 
 
 tionibus omnia in jure Ecclefiae 
 rel'drvare cenluimus. Can. I'g. 
 12. .^. I. an. 572, viJe Can, 20. 
 Cauja ^ q, at, ^ cap. i. extra 
 de Teftam. BUxamon. CS" Zcna- 
 ra}?2 aa Can, 22. Ccnc. Cbahe- 
 dm* 
 
 Cafe 
 
254 Of ECCLESIASTICAJL 
 
 Gale of an. Inteftate, and as if it were their own 
 Patrimony. 
 
 But whatever the Bifliops left at their Deaths, 
 belong d to the Churcli (i) by th.Q ancient Canons. 
 Yet after this, in Ibme Countries the Biiliops ob- 
 tained a Right of ip2iirmg by Will the Ecclefiaflical 
 Fruits : Inlomuch that about the Year 1 300. there 
 were three different Cufloms in Force in different 
 Countries. The firft^ where no Clergyman could 
 difpofe. of the Fruits remaining of his Benefice : 
 Thcfecofidy where thele Fruits were under the fame 
 Laws and Direftion as their own Patrimonies : 
 The thirds where the inferiour Clergy could dil- 
 pole, but not the Biihops^ to which 1 aft whatever 
 wa^ due went to the Churcli. 
 
 in fucceeding Times, when the Occalions for 
 Money grew more frequent- and urgent, the Popes 
 fent their OfBcers into all thofe Kingdomes where 
 the Church had a Cufcom of inheriting to the Goods 
 of deceased Beneficiaries, to apply them, all to the 
 Apofioiick Chamber, before a bucceiibr was appoint 
 ted J which was eafily put in Execution,-^ no Man 
 being concerned in Interefb to oppofe it, during a 
 Vacancy, and the Succelfor fatisfying himfelf, as 
 with a thing done before his Time; 
 
 (i) Or rather to til? Succef- 
 for: For the Can. 22. of the 
 Council of Chalcedon, forbids 
 the Clergy to take PofTeiuon of 
 the Goods of the deceasM Bi- 
 ihop. By the Can. ncn Iheat 
 12. ^. 2i The Metropolitan 
 himfelf cannot difpofe of any. 
 
 Non liceat alicui Metropo- 
 litano mortuo Epifcopo, qui 
 fub eo eft, aut res ejus, aut Ec- 
 
 cleiioe fuse ferre ; fed fint fub 
 cuftodia CleriEccleflas defunc^ti 
 Epifcopi, ufq; dum alius ordi- 
 netur Epifcopus. Si vero CIc- 
 rici in Ecclefia non fuerint, tunc 
 Metropolitanus illibata omnia 
 Ep ifcopo, qui ibi ordinabitur, 
 redd at. See Balzamon an^ 
 Zonarus upn tbefe two Cancnsy 
 a77d Can, 48. Cau^, 12. ^. 2, 
 
 They 
 
Benefices and Revenues. 155 
 
 They then began to appoint iuch Minifters 
 throughout all Places where they had Authority, 
 who were call'd Colledors ; and the Eilates which 
 the Beneficiaries dy'd polTefs'd of, had the Name 
 of SpoUa given them. 
 
 Tho' thele Seizures were made with as little 
 Noiie as was poliible, yet there beiiig no Law or 
 Ordinance to juilify them, they could never be put 
 in Execution without Ibme Murmurs of diQ Heirs 
 of the Deceas'd, as well as of others -, for wiiich 
 the rigorous Exadations of the Colleftors and Sub- 
 colle£tors gave Occafion ^ who, under the Title of 
 Sf>olla laid their Hands on the very Ornaments of 
 the Church, and iet up the moft vexatious Inquili- 
 tions into Titles, declaring which Eftate-was acqui- 
 red by the Induilry of the Deceased, and which vv^as 
 Patrimonial, {training every Point, and improving 
 every Doubt, that mighc tend to prove, that every 
 thing they found was the Fruits of Benefices. And 
 when at any time any Qiieftion rcmain'd concern- 
 ing the Nature and Qiiality of theie Goods, the 
 Apoftolick Chamber, to which it was reterr'd, Hood 
 ready with Cenfures and Excommunications to dil- 
 chargc .upon thole who made Refillancc. : , 
 
 In Fra/ice thQ Guilom hath obtain'd, that "t^e 
 Spolia of the Biihops and Abbots fiiOuld go to the 
 Popes : But in the Year 1385. Charles VI. miade an 
 Ordinance, that their Heirs ihould fiacceed to,|;i^e 
 Spoliay as well as to the Patrim.oniai Eftates (2)* jf 
 
 Y:6t 
 
 (2) This Ordinance is to be j Extorfions and Vexaricrs men 
 feen at length, part,^, 5'fi/. 1 tioned by Bather FauL 
 
 Tarlam, tit, 27. Butbecaufecf 
 its great Length, it will be fuf- 
 iicient to extraft only io much 
 as relates to the iniuportable 
 
 Quod importabile 6c irratio- 
 nabileexirtit, licet de jure, uiu 
 & coniuetudine, cc communi 
 obfervantia notorie cbiervatis, 
 
 Epiijopis- 
 
:^$6 Of EcCLEStASTIGAt 
 
 Yet in feveral Countries the Right or Pretenfion.^ 
 to the Sfolia continued to our Times •, wherein the 
 Complaints againft the Exadions of the Colleftors 
 grew fo loud, that fome had the Courage to oppofe 
 them openly, and to deny that the SfoHa of the 
 deceas'd Beneficiaries belong'd to the Apoftolick 
 Chamber. 
 
 This produc'd a Bull of Po*pe Taul 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 t]\e Apoftolick Cham- 
 " ber, had rais'd a Doubt, Whetlier the Goods of 
 *^ Prelates, and other Ecclefiallicks, which are 
 ^^ calFd Spoliaj belong'd to this Chamber, becaufe 
 '^ there was no Apoftolick Conftitution for that 
 *'' Purpofe, tho' it is evident from the Inftances of 
 " Coile^lors fent by his PredeceiTors into io many 
 '^ feveral Farts to exact and recover them, that it 
 
 Epircopis regni noftri teflari ]i- 
 ceat, 6c in luls teftamentis exe- 
 cutores ordinare : Qui praedidi 
 £xe.cutores, aut faltem ipforum 
 Epifcoporum heredesad facien- 
 dum reparationes a&dificioriim 
 Epilcopalium, dum cafus eve- 
 riunt, per judices, & ofEcia- 
 lios noftros compelluntur, & 
 coinpdli confueverunt. Etcum 
 ita fiat, xdificia & poffefTtones 
 di(ftorum sediHciorum Epilco- 
 palium in ftatu non deformi 
 permanebunt omni ruina caren- 
 tes. At nunc, cum Hpilcopum 
 in regno noftro ab hac luce mig- 
 rare contingit, Coll?ftores aut 
 Sub-colle<ftores lummi Ponti- 
 £cis autoritate, bona mobilia, 
 immobilia, ex deceifu talium 
 Epifcoporum reli(5^aj ctiam Ula^ 
 
 tjuse per fuam induftriam qux- 
 liverunt, quae amp ius ipforum 
 Epifcoporum, neq; cenfentur, 
 fed ad fuos heredes, aut eorum 
 Executores ljpe<ftantj capiurit 
 Notum igitur faci- 
 
 mus, CS'c. 
 
 0) Is not this a very juftlfi- 
 able Ciiriofity, when it relates 
 to fuch exceiiive Claims and 
 pretentions. 
 
 Ihe Court oCRowe hath ex- 
 acted ib much, that at laft 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 thoia 
 Arms, 
 
 £( 
 
 hath 
 
Benefices and Revenues. 157 
 
 ^^ hath always been the Intention of the Popes to 
 '^ refervdand appropriate them to the Chamber. 
 ** And therefore he willed and declared, That the 
 " 5/?^//^ of the Clergymen deceas'd, or which fhould 
 *' die hereafter, in all Kingdoms and Eftates what- 
 •* ibever, on this fide, or beyond the Mountains or 
 " Seas, even in Parts where na Collectors had ever 
 *' yet been appointed, iliould belong to the Apollo- 
 '^ lick Chamber (4). 
 
 f4) Cum a nonnuTlis r.Imium 
 ciiriofiSj qui jura CamerJe Apo- 
 flolicae uiiirpare, ac Cameram 
 praefatam illis defraudere vel- 
 lent, in dubium redigatur, an 
 res & bona, fpolia nuncupat i? 
 prselatorum, ccterarumq- pcr- 
 Ibnarum EccleJlafticarum, Cc- 
 cularium & regalariuni, tem- 
 pore obitus iplbrum remanen- 
 tia, ex eo, qirod Rom. Pontiiici 
 & Camerae praefatae relervara 
 fore, aliqua general! apoilolica 
 conftitutione forfan pon carea- 
 tur, ad Cameram praedi^am 
 jure legitime fpedare, & perti- 
 jiere debeant. 
 
 Nos, etfi I'atis evident cr con- 
 ftet & appareat, praedeceflbrum 
 jioftrorum Rom. Pontiiicum, & 
 noftram indubiam intentionem, 
 & voluntatem temper fuille, ut 
 Ipolia hnjufmodi ad diftam 
 Cameram fpciftarent ^ pertine- 
 rent, <:^ quod pro eadem Ca- 
 mera exigerentur, & recupera- 
 rentur, cum prxdetefTores praa- 
 fati diverlbs dic^oruiii fpoJio- 
 rum, ut ad Cameram fpeclan- 
 tium, Ck pertinentiiim, collec- 
 foreis, ^: exaftorcs in variis 
 prov^'ndis v:^: ioi;;.sdeput^erint 
 
 & conftituerint, ' & nos deputa- 
 verinius, conftituerimus : Ac 
 itniper de illis di(5li prsedecef- 
 (bres perplerafq; literas, tan- 
 quam de rebus ad Cameram 
 pertinentibus donando vel tmnt- 
 cendo, difpofuerint, &: nos dif- 
 
 pofucrimus dubium hu- 
 
 julmodi enucleare, ac in prsemif- 
 Cis opportune provider! volente 
 motu proprio, & ex certa no* 
 iha. fcientia, ac de apoftolicae 
 poteftatis plenitudine declara- 
 mus res & bona bujufmodi, 
 fpolia nuncupata, in quibulvis 
 regnis ac dominiis, tarn citra, 
 quam ultra montes & maria 
 conliftentia, quae pro tempore 
 poft obitus Praelatorum, & per- 
 lonarum quomodolibet quajiii* 
 catarum, ctiam Cardinalatus 
 bonore fulgentium, qui vel 
 nullo condito teilamento, vel 
 abfq; rufiicienti facultate con^- 
 dito, deceflerunt, decedent, 
 remanferunt,' remanent, d^ re- 
 manebunt, ^c, fpeaaile & ipec- 
 tare, illaq; tanquam ad Came- 
 ram ipfam fpeitantia perpctuo 
 coliigi & recuperari potuiile & 
 pofle, atq; debsre. 7 Z^scret, 
 III;, 3. tit, 2, cap. U 
 
 s 
 
 Thus 
 
7<^^ Of Ecclesiastical 
 
 la^ao-q-'^v. 
 
 •fTMis^tfe Over-;zeiiI of Ibme Perfbns, in attempt- 
 5ng to let a fevy Provinces at Liberty Item fiich a 
 Grievance, hath broijght the Impofition to be chal- 
 lenged over the whole Univerle ^ tho"* it has not 
 Jiitiierto been dravyn into Practice any further than 
 in Places where it h3,d been already admitted. But 
 this hath been all along the conftant Courfe of this 
 Affair, the Popes have iffued their Bulls, but the 
 ISIoile they make in -the World, and the Alarm Men 
 take at the Novelty, make the E>;ccution be ful^ 
 pended for lome Time, and until a more flivourable 
 Opportunity : When that happens, they fall to 
 execute the ijulls with the Hune Rigour, Exa£l:nets 
 of Ceniiires, and other Severities, as if the Bulls 
 had taken Effed at the Time of their Publication, 
 and had only been dilcontinued through the Ma- 
 lignity of ibme ill aftc&d Pericns^/j^;.,:,^ V. '^'^^^^^^ 
 -Until the Year 1 5 do. the Spoita^ coniprthtn<i&i 
 only what remain'd of the Ecclcfiaftical Revenues 
 at the Death of the Clerk or Incumbent. This 
 Year Pope Fius IV. publiili'd a Bull, in which he 
 declar'd, *' That under the Name of 5po/z^, which, 
 *^ throughout all Countries and Doniinions,through- 
 ^^ Out thQ World, belong to the Apoftolick Cham^ 
 "berj, vvere comprehended all whatlbever apy 
 *- Clerk or Ecciefiaftick had acquirM, or ihculd 
 f^ acquire, by any VVays or Dealing, or Commerce 
 ^f unkwi^ul, or in any other Manner contrary to 
 '^■^ the Canons. (5)"--' Which is very.coir.prehenlive. 
 
 f <> ^ti'bianqrihptllisi^ejtatur: 
 in dtti-nitm^ an r^s,' &~ l)cfpapcr 
 C !eri':ds^''etbTn in laciris ordi- 
 T*ibus coniHtuUs, ex ne^otia- 
 
 III I ■ l y ii a ii n I i i T | HTiT i ri ^ir i ; i - iiiiiii^ 
 
 iacros C'lnQiies acquiHta, uti 
 ipolia, : yp\ alia ad Canieram 
 prsefatam jure legitijnb fpeftars 
 
Benefices and Revenues. 159 
 
 Again, by the Canons the Clera;y are prohibited 
 many Sorts of Plays, and litde Trades and Ways 
 of Livelihood and induftry ; by which they make 
 great Advantages, and from whence the Chamber 
 will draw great Revenue?, if the Bulls concerning 
 the SpGlia ilioiild ever gain Admittance in one half 
 of /r^/y, where they have never yet been put in 
 Execution, orinGermanyy France ^ and other King- 
 doms and States, where they have never yet been 
 admitted. Belides that in the Kingdoms ofCaft-ihy 
 by a Law of the Emperor Charles V. and Philip IL 
 all the Clergy of thofe Kingdoms were exempted 
 from this Impofition. 
 
 The Canonifts found the Right to t\\z SpoUa^ 
 chiefly upon this AlTeition, Th<it the Pope is' the 
 real Proprietor of all Ecclefiaftical Revenues -^ but 
 thofe who ipeak with moft Modeily fay, He is 
 only Adniiniftrator of thcni. 
 
 By whi cii' Doctrine the Parties concern'd have 
 flid into a Pmdicc of much Convenience, whic'li is^ 
 That if any Man have v/rongfiiiiy poifefs'd him- 
 ihit^ of any ,iieneiicc, or committed any other Rob- 
 
 -i'^^u iO Ju;, ; ' i- .,,.'. . :. 
 
 & pertinere clebeant. Nos oiri- 
 neiii defupef baifitationis mate- 
 i'iam fuhmoverej ^ maiitiiseor 
 rum, qui jura cl,i#3s Camer^e 
 •u liirpa r e 1 atagunt j o b v i a re , 
 aiia'.q; in prs&miiTus opportune 
 providere volentes, motu pre- 
 prio, & ex certa noilra icien- 
 tla, ac de apoftolicse poteftatis 
 pkiiitudine, decwrnimus & de- 
 claramus, omnia ^ lingula, res 
 
 — "-& bona, ciijulcunq; qualitatis 
 ^ & quantitatis exiftentiaj ac in 
 
 ^^""qulbulvis reglonibu-s, & regnis. 
 
 ^'^ a^'dominiis^ tarn 
 
 tia, per quoI'Vis -(l^lericos tarn 
 Secularcs, quam-RegulareSj ^c. 
 ej^ negctiatione illicita, aui 
 aliasj contra (acros canones qixo-i 
 niodplibet acqulfita, ad; eaai- 
 dem ' Gaiiieraiii 6* non alios, 
 etiam In quibuU'^s Cfet?hedr^ii- 
 bus etiam Mei.rqpolitanis> oc 
 Collegiatis) 'ac'aifis Ecclefi:^-., 
 Monaileriis, Hor^italibus, M:- 
 litiis (&c. iucceiiores (pecTrarc, 
 ac lUb nomine ipoliorum venire, 
 UTaq-'utl "fpolla^ ad Camer:ir4 
 .peitineniiajpirpctuOi colligi po- 
 
 citra quam.uKi'tuiiie, poile, ac.aebej 
 
 iilJ0.5!3a 
 
 tjc^y 
 
26o Of Ecclesiastical 
 
 theX£iS"r?' ^u ''''? ^° ^" ABrc<:m<^nt with 
 uie /ipoitohtic Chamber to eive fiicii a Pivt- K,r 
 
 Sb inJ ^ ""^ ?" '\' ''^*' ^"'l '"^y lawfully rc- 
 Sltef/ »^.:-^s own ; (eeinj the Poje is 
 either Jfolue Proprietor, orxniiverfkl Adminiftra- 
 ALflvf^l'' 'f-'=a"d. Compounding with the 
 e£^d .^^'"f'^' ^^°'^ P^"'^^ is tl„shapiS?y 
 fc'' co,l'-;?f '^°f ^^^°^''" Confc-ences are either 
 enb^^ ?'.,''' H^eanyQimhn about them of 
 lo^wh^ "^ ^"'"'^S that is not tJ.cir own, but know 
 to tfi?rir ?'^' R^ftiff 'on, n^ayhav'e Recouri? 
 ^0 tp'^.f.fiWpoiitjon m Relief of all their Scruples 
 
 
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