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The history of the popes, from the close of the middle ages : drawn ...

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' dom<br />

342 HISTORY OF THE POPES.<br />

portant matters in <strong>the</strong> organization <strong>of</strong> <strong>the</strong> Church, was com-<br />

pletely destroyed. <strong>The</strong> envoys were all <strong>the</strong> more dismayed,<br />

as <strong>the</strong> thirty-ninth chapter contained a number <strong>of</strong> strict<br />

regulations tending to ensure <strong>the</strong> Uberty <strong>of</strong> <strong>the</strong> Church against<br />

<strong>the</strong> interference and encroachment <strong>of</strong> <strong>the</strong> civil power. <strong>The</strong><br />

first draft, which was subsequently much modified, was to<br />

<strong>the</strong> following effect : <strong>the</strong> princes are forbidden, under pain<br />

<strong>of</strong> excommunication, all interference in purely spiritual<br />

matters, while <strong>the</strong> observance <strong>of</strong> <strong>the</strong> ancient privileges <strong>of</strong><br />

<strong>the</strong> Church is enjoined on <strong>the</strong>m. <strong>The</strong> following demands<br />

are made on behalf <strong>of</strong> <strong>the</strong> Church : free jurisdiction, free-<br />

in all matters which immediately or mediately concern<br />

<strong>the</strong> ecclesiastical forum, and, under limitations which were<br />

minutely detailed, exemption <strong>from</strong> taxes, burdens <strong>of</strong> state,<br />

and public <strong>of</strong>fices which had been unlawfully imposed. Princes<br />

are not to confer or in any way grant expectancies to prelates<br />

or chapters, and <strong>the</strong>y are to leave untouched ecclesiastical<br />

properties and rights, as well as <strong>the</strong> properties and rights<br />

<strong>of</strong> such lay persons as are under ecclesiastical patronage.<br />

<strong>The</strong> servants, soldiers and horses <strong>of</strong> princes must not in<br />

future be quartered in <strong>the</strong> houses <strong>of</strong> ecclesiastics or monasteries<br />

; <strong>the</strong> exequatur or so-called placet <strong>of</strong> <strong>the</strong> princes must<br />

be unconditionally abolished.<br />

<strong>The</strong> representatives <strong>of</strong> Ferdinand I., whose zeal for reform<br />

had, since June, under <strong>the</strong> influence <strong>of</strong> <strong>the</strong> <strong>the</strong>ological<br />

commission, again come to <strong>the</strong> fore with increased bitterness,^<br />

were <strong>the</strong> first to hand to <strong>the</strong> legates <strong>the</strong>ir views on <strong>the</strong> fortytwo<br />

chapters <strong>of</strong> July 31st. On August 3rd <strong>the</strong> French and<br />

Portuguese envoys presented <strong>the</strong>ir observations, which <strong>the</strong><br />

Imperial envoy at once sent to his master. On August 7th,<br />

<strong>the</strong> Spanish envoy, Count di Luna, submitted his remarks,<br />

and, true to his previous policy <strong>of</strong> obstruction, demanded<br />

that <strong>the</strong> reform commission should be made up by nations.^<br />

^ See <strong>the</strong> so-called third reform libellum <strong>of</strong> June 5, 1563, in<br />

SicKEL, Konzil, 520 seq. ;<br />

Sagmuller, Papstwahlbullen, 154 seq.<br />

2 See SiCKEL, Konzil, 571 seq. ; Kassowitz, 240 seq. ; Susta,<br />

IV., 140 seq., 149 seq., 158 seq., 163 seqq.

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