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pope *, owns "the pope'to be God's vicar on earth, to whose words he will always hearken and obey and therefore, though the Pragmatic Sanction was received upon long deliberation, in a great assembly, and was now fully settled, yet since the pope desired that it might be abrogated, and since the bishop of Arras had put him in mind of the solemn promise that he had made by him, before he came to the crown, he, reckoning that obedience was better than all sacrifice, since that Sanction was made in a time of sedition and schism, so that by it his kingdom was not conform to other kingdoms, though many men studied to maintain it, yet he resolved to follow and obey the pope's orders; therefore he abrogates it entirely, and does of his own accord, not compelled in any sort, restore him to the authority that Martin the Fifth, and Eugenius the Fourth, did exercise in former times and bids him use the power given him by God, at his pleasure: and promises, on the word of a king, that he will take care that all his commands shall be executed within his kingdom, without opposition or appeal; and that he will punish such as are contumacious, as the pope shall direct."

Here was an entire submission, penned no doubt by the aspiring cardinal. It was received at Rome with no small joy; the Pragmatic was dragged about the streets of Rome, the pope wept for joy, and at mass on Christmas-eve he consecrated a sword, with a rich scabbard, to be sent to the king. The title of the Most Christian King had been given by former popes to some kings of France; but Pope Pius was the person who upon this high merit made it one of the titles of the crown: such as read Des Comines' history, will not find any other merit in that king, to entitle him to so glorious a compellation.

The court of parliament of Paris interposed; they made a noble remonstrance to the king, in which they pressed him to maintain the Pragmatic Sanction, which had its original from a general council, and they affirmed that the king was obliged to maintain it. Yet afterwards, that king's project of engaging the pope to assist his son in-law to recover Sicily, then possessed by the bastard of Arragon, did miscarry, the pope refusing to concur in it; upon which, the king was offended, and carried his submissions no further; only he suffered bulls of reservations and survivances to take place again.

This matter was taken up again six years after by Pope Paul the Second. A new minister was gained by the same

Councils, tom. 14, p. 97,

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bait of a cardinal's hat, to procure the revocation: so the king's edict was sent to the court of parliament of Paris to be registered there, in vacation time. The court ordered the attorney-general to examine it. St. Romain was then attorney-general, and he behaved himself with such courage, that he was much celebrated for it. 'He opposed the registering it, and spoke much in praise of the Pragmatic Sanction; he showed the ill consequences of repealing it. That it would let in upon them abuses of all sorts, which were by it condemned: all affairs relating to the church would be settled at Rome: many would go and live there, in hopes of making their fortunes by provisions. He set forth, that ten or twelve bulls of survivances were sometimes obtained upon the same benefice; and during three years in Pope Pius's time (in which the exact observation of the Pragmatic Sanction was let fall) twenty-two bishoprics happened to fall void, 500,000 crowns were sent to Rome to obtain bulls; and sixty-two abbeys being then vacant, a like sum was sent for their bulls; and 120,000 crowns were sent to obtain other ecclesiastical preferments. He added, that for every parish there might be a bull, of a gratia expectativa, or survivance, purchased at the price of 25 crowns; besides a vast number of other graces and dispensations. He insisted, that the king was bound to maintain the rights and liberties of the church in his kingdom, of which he was the founder and defender."

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The aspiring cardinal, offended with this honest freedom of the attorney-general, told him he should fall under the king's displeasure, and lose his place for it. He answered, the king had put him in the post freely, he would discharge it faithfully, as long as the king thought fit to continue him in it; and he was ready to lay it down whensoever it pleased the king; but he would suffer all things, rather than do any thing against his conscience, the king's honour, and the good of the kingdom." The favourite prevailed to get him turned out, but the crafty king gave him secretly great rewards; he esteemed him the more for his firmness, and restored him again to his place.

The university of Paris also interposed, and the rector told the legate, that if the matter was further prosecuted, they would appeal to a general council; but this notwithstanding, and though the court of parliament stood firm, yet the king being under the apprehensions of some practice of his brothers of Rome, whom he hated mortally; in order to the defeating those, renewed his promises for abrogating the Pragmatic Sanction: and it was for many years let fall into desuetude. Towards the end of this reign an assembly was

held at Orleans, in order to the re-establishing the Pragmatic Sanction; and the hindering money to be carried to Rome. The king died 1583.

Upon Charles the Eighth's succeeding, an assembly of the states was held at Tours, in which the observation of the Pragmatic Sanction was earnestly pressed; the third estate insisted on having it entirely restored. The prelates, who had been promoted contrary to it under King Lewis, opposed this vehemently and were in reproach called the courtbishops, unduly promoted; and were charged, as men that aspired to favour at Rome. St. Romain, now again attorneygeneral, said, he knew no ecclesiastical law better calculated to the interest of the kingdom than the Pragmatie Sanction was; and therefore he would support it. The king saw it was for his advantage to maintain it, and so was firmly resolved to adhere to it. The courts of parliament not only judged in favour of elections made by virtue of that sanction, but, by earnest remonstrances, they pressed the king to prohibit the applications made to the court of Rome for graces condemned by it.

Innocent the Eighth continued by his legates to press the entire repeal of the Pragmatic; yet, notwithstanding all opposition, it continued to be observed during Charles the Eighth's reign. Lewis the Twelfth did, by a special edict, appoint it to be for ever observed. Thus it continued till the council of Lateran (1499), summoned by Pope Julius. the Second, to which Silvester, bishop of Worcester, and Sir Robert Wingfield, were commissioned by King Henry the Eighth to go "in his name, and on behalf of the kingdom, to conclude every thing for the good of the catholic church, and for a reformation both in the head and in the members; and to consent to all statutes and decrees for the public good promising to ratify whatever they, or any of them should do*." The king's empowering two persons in such a manner, seems no small invasion of the liberties of the church; but it was in the pope's favour, so it was not challenged.

This council was called by that angry pope chiefly against Lewis the Twelfth and the Pragmatic Sanction was arraigned in it; both because it maintained the authority of the council to be superior to the pope, and because it cut off the advantages that the court had made by the bulls sent into France. The pope brought Lewis the Eleventh's letterspatent, by which it was abrogated, into the council; and the advocate of the council, after he had severely arraigned it,

* Rymer, Tq. 18, 17 Feb. 1511.

insisted to have it condemned. So a monition was decreed, summoning all who would appear for it to come and be heard upon it within sixty days. The pope died in February thereafter.

Pope Leo the Tenth succeeded, and renewed the monitory letters issued out by his predecessor. But the personal hatred with which Julius prosecuted Lewis being at an end, things were more calmly managed. Some bishops were sent from the Gallican church to assist in the council: but before any thing could be concluded, King Lewis dying, Francis succeeded. He understood that the pope and the council were intending to proceed against the Pragmatic Sanction, so he resolved to bring the matter to an agreement; in which some progress was made, in an interview that he had with the pope at Bononia. It was concluded by a sanction called the Concordat, between the Cardinals of Ancona and of Sanctorum Quatuor on the pope's side, and Chancellor Prat for the king. Some small differences remained: which were all yielded as the pope desired: and in the month of December (1516), the pope's bull, condemning the Pragmatic Sanction, was read, and approved by that council, such as it

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The Concordat was put instead of it. The truth was, Francis was young; and was so set on pursuing his designs in Italy, in which he saw the advantage of having the pope on his side, that he sacrificed all other considerations to that, and made the best bargain he could. "The king and the pope divided the matter between them. When any bishopric became vacant, the king was within six months to name to it a doctor, or one licensed in divinity, of the age of twentyseven. If the pope did not approve of the nomination, the king had three months more to nominate another; but if he failed again, the pope was to provide one to the see. The pope had reserved to himself the providing of all that became vacant in the court of Rome (a pretension the popes had set on foot, in which by degrees they had enlarged the extent of it to very great and undetermined bounds: and did thereby dispose of many benefices). And the king was limited in his nomination by some conditions, with relation to the person so nominated; yet the want of these was not to be objected to the king's kindred, or to other illustrious persons. The king was also to nominate to all abbeys a person of twenty-three years of age. Gratia expectativa, or survivances and reservations in bulls, were never to be admitted only one benefice might be reserved from a collator of ten; and two from one of fifty. Causes of appeals were to be judged in partibus, in the parts where the matters

lay; excepting the causes enumerated in the law as greater causes. It was also provided, that, in all bulls that were obtained, the true value of the benefice was to be expressed; otherwise the grace was null and void." No mention was made of annats; and, in other particulars, the articles in the Pragmatic Sanction were inserted. The pope promised he would send a legate to France, to tax the value of all ecclesiastical benefices. All former excommunications were taken off, with an indemnity for all that was passed.

The king having the two instruments, the one abrogating the Pragmatic Sanction, and the other establishing the Concordat, sent in great pomp to him, in order to their being registered in parliament, resolved only to offer the latter, as that in which the other was virtually comprehended. So he went in person to the court of parliament, to which many great men, divines, and other persons of distinction were called. The chancellor set forth the hatred Pope Julius bore King Lewis the Twelfth, and the violence with which he had proceeded against him: the king succeeding when the council of the Lateran was assembled; which was composed chiefly of members of the court, or of dependers on the court of Rome, who were all engaged against the Pragmatic Sanction, as that which diminished their profits: the king saw it was in vain to insist in defending it; but apprehending, if it were simply condemned, all the old oppressions would again take place, he being then engaged in a most dangerous war in Italy, saw no better way to gain the pope than by agreeing to the Concordat.

The ecclesiastics who were present said, by their mouth, the Cardinal of Boisi, that the Concordat did so affect the whole Gallican church, that, without the general consent, it could not be approved. The king upon this said, with some indignation, that he would command them either to approve it, or he would send them to Rome, to dispute the matter there with the pope. The president answered in the name of the court, that he would report the king's pleasure to the court; and they would so proceed in that matter, as to please both God and the king: the chancellor replied, the court were wise the king said, he did enjoin them to obey without delay. Then letters-patent were made out, setting forth the Concordat, and requiring the court of parliament, and all other judges, to observe it, and to see it fully executed.

Some days after that, the chancellor, with some of the officers of the crown, came and brought the whole courts together, and delivered them the king's letters-patent, requiring them to register the Concordat. They upon that appointed the king's council to examine the matters in it. The

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