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VI.

craft have at last become obsolete as crimes. While CHAP. the papal hierarchy reigned in its power, or could make it the interest of governments to enforce its influence, heresy was the unpardonable crime; and persecution, the virtue and the duty. The attained freedom, the superior morality, and the enlightened judgment of present society, have changed this unnatural and pernicious dogmatism; and have unfolded the real truths, that persecution is the crime which, if any thing ought to be unforgiven by man, deserves to be so; and that heresy, as to its human responsibility, is no more than what the word originally designated, an error of mind, if it be a wrong deduction; and a folly that will soon draw the ridicule of our social common sense upon its author, if it be at all remarkable for its absurdity. No difference of conscientious belief can ever be the legitimate subject of any human inquisition, tribunal or punishment. It will be the greatest glory of the nineteenth century, if this universal principle of individual happiness and virtue, should be established as a permanent axiom of all political legislation.

The authority of an ecumenical or universal council rested on its being composed of deputed prelates from all the Christian churches, impartially convened, and on its decisions being their spontaneous and free and disinterested judgments. The uniting opinions of wise and good men from all parts of the world, deliberating and deciding on sacred truths, without any prejudice, passion, self-interest or overruling dictation, come with an impression on every honest mind which it is difficult and rarely desirable

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ments and the most independent inquirer would regard them as adjudications which, tho never superseding his own re-examination, would yet deservedly claim his high respect, and restrain him from any precipitate or self-confident dissent.

But from the beginning to the end of its interrupted, broken, scattered and reunited assemblages, the council of Trent never had, and never was by its several papal sovereigns meant to have, this sacred character. They and their cardinals resolved, from the outset to its conclusion, that it should be wholly governed and limited by themselves; should consist only of such persons as they should invite and approve; should discuss only what they by their agents proposed; and should decree only what they had previously determined to be the system that should be forced upon the catholic world. That these features represent its real character, the indisputable authorities of their own church, the actual words of its acting directors sufficiently testify. A few of these, in the notes to this Chapter, will illustrate this important subject; and these may be usefully preceded by the general statement of the Spanish canonist and zealous catholic Vargas, who was at the council on the behalf of his court, and who, without knowing what the ruling legates were writing, observed and reported its genuine character.1

1 After I had collected the annotations for this chapter, I met with the letters and documents of Vargas, sent by him to the famous minister of Charles V. the cardinal de Granville, which, with other correspondence, Mr. Trumbull, our resident at Brussels, for James I. and Charles I. obtained there, and brought thence in 1625, and which Le Vassor printed in 1699.

Having failed in his solicitations for a council at Mantua and Vicenza, Paul III. persevering in his purpose, took his earliest opportunity afterwards of convoking one to Trent. Here also he was again

at first unsuccessful; his pontifical wishes were disregarded; but undeterred by his disappointment, in the beginning of 1545 he summoned it once more to assemble in this town, not because he liked its position, or thought it would provide satisfactorily the conveniences which his hierarchy would desire, but

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He was sent to the council when it moved to Bologna, in 1548, and was with it when it returned to Trent, in 1550. He thus speaks of it to the Spanish prime minister:

'In the direction of this council of Trent, no traces of the past ones, as to the essential direction, are kept; but a mode has been adopted, the most pernicious and destructive of its freedom that could have been imagined, and by which the authority of councils will be taken away.

Under the claim of directing it, the legates of the pope make themselves the rulers of the council. Nothing is done, or proposed, or determined, but what they desire, and according to the orders which they receive from Rome, and which are sent thence to them every hour. The prelates whom the pope has here, as his pensioners, cannot deny it, and lament it as well as other pious men.' These words are so important, that we will add their original Spanish: En la direction d'este concilio Tridentino, ninguno vestigio de los passados, quanto a la essencial direction del, se ha guardado. Y se na llevado un modo que os el mas pernicioso y destructivo de la libertad de quantos se podrian imaginar con que se quita el autoridad de los concilios. A titulo de dirigir, los legados del papa se applican todo el concilio assi: y ninguna cosa se haze, ni propone, ni discute, ni define, sino lo que ellos quieren, segun el orden que de Roma tienen, y cada hora se les embia. Los prelados que el papa tenia aqui salariados no lo podian negar, y se dolian dello con los otros hombres pios.' Mem. de Vargas, p. 14, and 34, 35.

The reader may compare this description of Vargas with the account which the legates themselves give of their own conduct and pecuniary corruption of the prelates, in notes 20, 83 and 136, of this chapter.

The responsio given in his name on 1 Feb. 1548, to the emperor's ambassador, remarks, that bis eodom loco concilium vocavit: bis legatos misit. Quir. Ep. Pole, v. 4. p. 389.

His cardinal stated, that both Mantua and Vicentia 'longe' surpassed Trent, both in the commoditate loci et abundantia omnium rerum quæ celebrationi concilii sunt necessariæ.' Resp. 389. The angustia del luogo; the deficiency and high price of all victuals, and its chilly church, la chiesa freddissima,' were afterwards complained of by his

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because it stood on the borders of Germany and Italy, and was therefore more likely to please the emperor, and to attract the German clergy.

Resolved now if possible to accomplish his desire, he sent, in the early spring, as his legates to Trent, his three selected cardinals, De Monte, Sanctæ Crucis, and Pole. The two first of these reached it on 13th March 1545, and desired Pole to join them. It was five weeks afterwards before he was with them, and they waited seven months before the German prelates began to make their appearance.'

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The more favoring members gradually came as May advanced. The legates wished to open it before the Whitsuntide passed, that the impression might not arise that it was impossible to do so; but they were anxious to know the emperor's resolution,10 and complained of the backwardness of Spain and of the king of France." They confessed the

Respons, p. 394. One of these, Cervini, the cardinal of S. Crucis, became the future short-lived Pope Marcellus II.

5 Their letter to Pole, from Trent, at this time, is in Quirini, 4. p. 185. Pole, in his answer of the 22d, from Rome, shows that the pope was detaining him: As to my coming, our lord seems resolved that I shall go at all events soon after the festival (Easter).' Ep.v. 4. p. 186.

6 On 28 April, he apprised them that he had reached Bologna in his way, should take with him 25 horse soldiers as his guard, and should go by Ferrara, to avoid the unfriendly confines of Mirandola. p. 187. 7 So the Pope complained. Resp. p. 393.

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On 11 May, the Cardinal Legates informed cardinal Farnese, that the three generals of the orders of Servi, Augustin and Carmini, had arrived, and among others the bishop of Chioggia buon Teologo.' Now, they say, 'they are provided with men valenti: di buon giudizio e conscienza. p. 208. On 19 and 23 May, they desired the pope's opinion, whether they should allow the proxies of the great dignitaries who did not attend personally, to sit for them. 209. They recommend it for their zealous friends, but not for those of 'mala mente,' and who walk by indirect ways. ib. 211. It was settled that those representatives only should be admitted who had votes themselves as bishops. p. 212. Lett. 12 May. p. 208. 10 Ib. "Lett. 23 May. p. 210.

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many dangers which would arise, if they should hold the council against the will of the Christian princes; but yet, if it should not be commenced, the opposing reformers would multiply, and the obedience to the papal see be much more diminished.13 Still greater evils however might spring up, if, after being opened, the sovereigns and the pope should not agree as to their proceedings, or on their decisions.14 They suggested, that the subjects of the Lutherans and of England should be first discussed, as being the greatest events that for many ages had happened to their church. Towards the end of June, the king of the Romans urged its beginning, which surprised its appointed conductors, as the emperor, tho favorable in his expressions, had not yet decided to countenance it, and was now occupied by his diet at Worms, which was neither palatable to the pontiff, nor manageable by himself."

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But altho they desired impatiently the presence of favoring bishops, and even advised the admission of literary advocates, who were not prelates, to vote,18 yet

12 On 26 May, they stated these 'pericoli.' The prelates of their kingdoms would not come. The council could not then be called Ecumenical; its ordinances would not be received in the provinces; to heal one wound many more would be made, and princes would favor the malignant instruments, who would never be found wanting.' p. 211. 13 Ib. 211.

14 Ib.

15 Lett. 8 June, p. 212. Their language as to Henry, betrays the pen of Pole: 'Le sceleraggini e atrocite commesse dal Re d'Inghilterra.' ib. 16 Lett. 20 and 23 June, p. 213. Il che parer molto strano e poco verisimili.' ib.

"The legates, on 26 May, congratulated Card. Farnese on his arrival at Worms, but expressed their wonder that so much respect should be had to the perverse obstinacy of the Lutherans; they had 'shaken off the yoke of obedience, but it was to be hoped that the emperor would, either by authority induce, or by force constrain them to return to it; otherwise, the world would be overturned, the heretics command, and the pope and emperor obey.' Lett. p. 210.

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16 On 7 June, they requested the papal adviser to consider well about

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