it temporally executory they testified that it was by the Popes authority that it had iudged the cause of Flauianus The synod of Chalcedon said the lawe by the authoritie of the most blessed Bishop of the Citty eternall in glorie Rome examining exactly matters of Faith aud strengthning the foundation of Religion attributed to Flauianus the reward of his past life and the palme of a Glorious death Now how is this anie other thing but to saie that which Pope Gelasius writt forty yeares after in these wordes The sea Apostolicke delegated the Councell of Chalcedon to be made for the common faith and the Catholicke and Apostolicke truth And againe Flauianus hauing bene condemned by the Congregation of the Greeke Bishops the sea Apostolicke alone because he had not consented thereunto absolued him and contrary wise by his authoritie condemned Dioscorus Prelate of the second sea who had there bene approued and alone annulled the wicked synod in not consenting to it and alone by his authoritie ordained that the Councell of Chalcedon should be kept But things incident carry vs away lett vs againe returne to our careere And why then when the Councell of Chalcedon was open was the first coÌplaint that was made against Dioscorus patriark of Alexandria that he had presumed to vndertake to keepe a generall Councell and to be President there without commission from the Pope Vpon which complaint also Dioscorus came downe from this Patriarkall seate wherein he was first sett and stood in the middest of the place as an accused party and not as iudge Wee haue in our handes said Paschasinus Bishop of Lylibea in Sicilia and Legat from the Pope speaking to the Councell the commaundments of the blessed and Apostolicke Prelate of the Cittie of Rome who is the head of all Churches whereby he vouchsaffed to ordaine prouisionallie that Dioscorus sit not in the councell and that if he attempt it that he should be cast out And Lucentius Bishop of ãâã also the Popes Legate Dioscorus said he must yeild an account of iudgement for as much as hauing noe right to doe the office of a iudge be attempted it and presumed to holde a Synod without the authoritie of the sea Apostolicke which neuer hath bene lawfull nor neuer was done And Euagrius in the narration of the history of the Councell The senat saith he hauing ãâã of the legates from Leo what charge there was against Dioscorus they ãâã that he must yeild an account of his owne iudgement because against might ãâã had vsurped the person of a Iudge without the Bishop of Romes permission After which answere ` Dioscorus by the senats iudgment stood in the ãâã of the place And why then when Theodoret Bishop of Cyre a cittie as hath bene said in the confines of Persia had bene restored by Pope Leo from the Deposition of the Councell of Ephesus from whence he had appealed to him did the Emperors Officers who assisted in the Councell of Chalcedon to cause order to be obserued proclayme Lett the Right Reuerend Bishop ãâã come in that he may haue part in the Synod because the most holy Archbishop ãâã bath ãâã him to his ` Bishopricke and that supplied vpon this restitution the most sacred and religious Emperor hath ordained that he shall assist in the holy ãâã For that the Emperor had made himselfe the Executor of the Popes authority in this Councell it appeares by the protestations he had made of it a little before in these wordes Wee conceiued that we ought first to addresse ourselues to thy Holynesse who hast the superintendance and principalitie of Faith And againe Our desire is that peace should be restored to the Churches by this Councell celebrated vnder thy authoritie And why then when the Priests and deacons of Alexandria presented their Petitions against Dioscorus in the Councell of Chalcedon did they couch them in these termes all the Councell seeing and approuing it and ordayning that they should be registred in the Actes To the most holy and most blessed Archbishop and Vniuersall Patriarcke Leo and to the most holy and ãâã Councell For as for the instance that the Bishop of Constantinople made afterward to participate in this title vnder the Pope and in second place after the Pope as Constantinople being a second Rome it shall be spoken of hereafter And why then when Paschasinus the Popes Legate gaue his voice vpon the deposition of Dioscorus did he saie That the Pope had pardoned all those who in the false Councell of Ephesus had by force consented to Dioscorus that is to ãâã to almost all the Metropolitans and Patriarkes of the Easterne Empire The ãâã Apostolicke saith he graunts them pardon for those things that they committed there against their wills for asmuch as they haue remained vnto this time adhering to the most holie Archbishop Leo and to the holy and vniuersall Councell And why then when the actes of the false Councell of Ephesus were in the Councell of Chalcedon annulled did Anatolius Bishop of ConstaÌtinople pronounce that of all that had bene done in the Councell of Ephesus nothing ought to remaine entire but the election of Maximus Bishop of Antioch for as much as that had bene coÌfirmed by the Pope My voice said he is that none of the things ordained by the pretended Councell of Ephesus shall remaine firme concept that which was done for Maximus Bishop of great Antioch for as much as the most holy Archbishop of Rome Leo receiuing him into his communion hath iudged that he ought to rule the Church of Antioch From whence it is also that the same ãâã who had bene created Archbishop of Constantinople in the false Councell of Ephesus held not his Archbishopricke from the false Councell of Ephesus but from the confirmation of the sea ãâã as Pope Leo writing to the Emperor Marcian puts him in mynde in these Wordes It should haue sufficed him that by the consent of my fauour ãâã ãâã ãâã the Bishopricke of soe great a Cittie And why then when the Fathers of the Councell of Chalcedon framed that famous relation to Pope Leo which is not only inserted in all the ãâã and latine Actes of the Westerne and Easterne libraries but also is cited by the Greeke Schismatickes and amongst others by Nilus Arch bishop of Tessalonica in his Booke against the Pope did they write to him that he had ruled in the Councell as the head to the members and that the Emperors had presided there to cause order to be obserued that is to auoide such murthers and tumultes as happened in the false Councell of Ephesus And put a like difference betwene the Popes Presidencie and the Emperors as betweene the Presidencie of Iesus the high priest of the Sinagogue and that of Zorobabel prince of the Iewish people in the building of the Temple You presided the Councell writt to the Pope in ' this assemblie as the head
more then the twenty ninth and thirtith and that it is manifest to haue bene transferred from the history of the acts into the rolle of the Canons which possible is the subiect that hath giuen saint GREGORIE occasion to complaine that the Councell of Chalcedon had bene altered by the Greekes Afterward when Rome was fallen into the seruitude of the northerne nations a people barbarous and hereticall the Patriarkes of Constantinople makeing vse of the oportunitie or rather importunitie of the tyme againe sett forward the instance of this Canon and obtained from the Emperor Zeno who raigned in the East a lawe whereby he confirmed the precedency to the Bishop of Constantinople before the other Patriarkes that is to saie before the other Patriarkes of the East And one from the Emperor Justinian after the recouery of Rome by which he ordained that the Bishop of Constantinople should hold the second place in the Church Wee ordaine said the Emperor Iustinian that the blessed Archbishop of Constantinople new Rome shall haue the second place after the holie Sea Apostolicke of the ancient Rome and shall be preferred before all other Seas From whence it is that Liberatus time-fellowe with Iustinian speaking of the Councell of Chalcedon adds And although the Sea Apostolicke to this daie contradicts this decree neuerthelesse the decree of the Synod doth in some sort remaine by the Emperors protection Now Anatolius had procured that the Clerkes of the Councell of Chalcedon in renewing the Canon of the Councell of Constantinople should insert a word therein For whereas the Councell of Constantinople had simplie ordained that the Bishop of Constantinople should haue the prerogatiues of honor after the Pope those that renewed is added thereto Equall and couched the reuocation of the Canon in these words that the Chaire of Constantinople should haue the prerogatiues equall to that of the ancient Rome and shall haue the same aduantages in Ecclesiasticall causes as she hath being the second after her that is to saie ordained that the same prerogatiues as the Pope had absolutely ouer all Patriarkes the Bishop of Constantinople should haue them after the Pope ouer the other Patriarkes The Bishops of Constantinople then seeing that this Canon not onely granted them to hold the second place after the Bishop of Rome but also to enioy the same priuiledges with him as Constantinople being a diuision of Rome and a second Rome went so farr as to desire to participate in the same titles of honor which had bene yeilded to the Bishop of Rome to possesse them in a second place and in forme of adiunctes and colleagues with him and finding that in the Councell of Chalcedon the title ãâã or vniuersall had bene offerd to the Bishop of Rome they insisted as second Popes and Bishops of the second Rome to participate therein not in intention to exercise it in regard of the Pope but vnder the Pope and in regard of the other Patriarkes and were openly fauor'd therein by the Emperors For not onely the Councell of Constantinople holden vnder the Emperor Justin predecessor to Iustinian yeilded the title of vniuersall Patriarke to Iohn the third Patriarke of Constantinople but also the Emperor Justinian in the lawe to Epiphanius Patriarke of Constantinople exhibited to him the title of vniuersall Patriarke and after vnder the same Justinian the Councell of Constantinople holden against ãâã attributed the name of vniuerfall to Menas still after vnder Mauritius Iohn Bishop of Constantinople surnamed the Faster held a kinde of Councell at Constantinople where he began to intitle and inscribe himself Vniuersall Bishop and then the Popes displaied their censures against this title for although the Synods of the East had before this time yeilded the title of vniuersall Bishop to the Bishop of Constantinople neuerthelesse the Bishop of Constantinople had neuer yet presumed to inscribe and subscribe himself Vniuersall Patriarke vntill the Councell of Constantinople holden vnder Mauricius the Emperor And therefore the Pope Pelagius the second predecesson to saint GREGORIE abrogated and annulled all the decrees of that Councell except what had bene decided concerning the cause of Gregorie ãâã of Antioch It hath bene reported to the holy Sea Apostolicke faith Pope Pelagius the second that John Bishop of Constantinople intitles himself Vniuersall and that vpon this presumption of his he hath called you to a generall Councell notwithstanding that the authoritie of calling generall Synods hath bene consigned by a singular priuiledge to the Sea Apostolicke of the blessed Peter And a little after And therefore all that you haue decreed in that noe Synod of yours for Synod so attempted it could not be but a conuenticle I ordaine by the authoritie of the blessed PETER that it be annulled and abrogated And saint GREGORIE successor of the same Pelagius Our predecessor Pelagius of blessed memorie hath disannulled by a sentence intirely valid all the acts of that Synod except what concerned the cause of Gregorie Bishop of Antioch of reuerend memorie When Pope Pelagius was dead and saint GREGORIE his successor establisht in the Popedome the same John Bishop of Constantinople assisted by the fauour of the Emperor Mauricius still continued his challenge and perseuered to attribute to himselfe the qualitie of vniuersall Bishop not to exercise it in the Popes behalfe but to exercise it in the Popes absence and as colleague and adiunct to the Pope in the vniuersalitie ouer the Empire of the East and toward the other Patriarkes For it shall be shewed heereafter that he alwaies acknowledged the Pope for head and stock of the vniuersalitie and for absolutely vniuersall ouer all the Church and did protest himself to be his subiect and inferior and did not pretend to enioy the title of vniuersall but vnder the Pope and by association subalterne and subordinate to the Popes authoritie which was soone after interdicted him by the Emperor Phocas immediate Successor to Mauricius who declared that the title of vniuersall Bishop appertained but to the Bishop of Rome onely and could not be communicated to him of Constantinople And so much of the truth of the history Now let vs come to the obiections which are drawne from it To the first then of these obiections which is that in the Councell of Chalcedon Anatolius packed to be declared equall to the Pope after the Pope wee bring three Answeres The first answere is that he pretended not to be declared equall to the Pope in regard of the Pope but vnder the Pope and in regard of the other Patriarkes that is to saie that he did not pretend to haue like aduantage ouer the Pope as the Pope had ouer him but to haue the same priuiledges ouer the other patriarkes as the Pope had ouer him and them and by this meanes to be equall to the Pope not in regard of the Pope but in regard of the other patriarks And this is testified by the vniuersall historie of
God-sonne sent thither from the beginning regiments of Souldiers to authorise by force ãâã the abbettor of the Eutychian heresy and to exclude from iudgement all those that were suspected by Eutyches Now Eutyches refused the Popes legats amongst others aswell because the Pope had confirmed the sentence of Flauiauus Bishop of Constantinople against him as in their owne interest because that being arriued at Constantinople Flauianus that ãâã held for his aduersarie had entertained and feasted them The legates saith Eutyches sent by the most holie and most beloued of God the Archbishop ãâã Rome Leo are suspected by me for they haue bene entertained and feasted ãâã gratified with presents by the most beloued of God the Bishop Flauianus ãâã these causes then Chrysaphius desirous to exclude them from the iudgment of the Councell obteyned by surprise letters from the Emperor Theodosius the second a man that signed dispatches without reading them wherefore his sister to reproach him for his simplicitie once made him signe the bondage of his wife by which vnder ãâã of refusing those that had alreadie iudged Eutyches he ordained ãâã to preside there and accompained them with men of warr to haue the sway there Now how vnlawfull this beginning was ãâã needes noe other iudge but the same Emperor who afterward informed of the deceipt that Chrysaphius had made vse of to him-ward ãâã him by exile and confiscation of goods and offices And secondly where Caluin saith that the Popes Legates did not dispute for the first place there is manifestly false For Liberatus an author of the next insuing age writes exppressely The Popes deputies would not indure to sitt there because the precedence had not bene giuen to their sacred Sea And when the Acts of the same Councell all which Dioscorus had falsified were read ouer in the Councell of Chalcedon when they came to name Julian legate to Pope Leo it was said that the Act was false and that the name of Leo had not bene there receiued And thirdly the first complaint that the Popes Legates propounded to the Councell of Chalcedon against Dioscorus was That he had presumed to hold an Oecumenicall Councell without commission from the Sea Apostolicke which had neuer bene either done or lawfull to be done And finally the primacie that Dioscorus had vsurped in the false Councell of Ephesus though by surreptitious letters from the Emperor and vpon the refusall of the Popes Legates was declared Tyrannie and himselfe deposed amongst other causes for hauing sett vpon the Pope By the decrees of his tyrannie said the Fathers of the Councell of Chalcedon writing to Pope Leo he hath absolued Eutyches who for his impietie had bene condemned and hath restored to him the dignitie whereof he was depriued by your Holynesse And a little after And to make vp all this he hath extended his felonie ãâã against him to whom the guarde of the Vine hath bene commited by our Lord that is to saie against your Holynesse Is not this a goodly example for ãâã against the Pope Of the order of the sittings of the Councell of Chalcedon CHAPT XI CAluins fowrth obiection is taken from the Councell of Chalcedon In the Councell of Chalcedon saith he Pope Leo ãâã it of Grace of the Emperor that his Ambassadors might preside there because the Bishops of the East who had presided in the second ãâã of Ephesus had misbehaued themselues there and had abused their power And I for my part must needes aske him how longe hee will abuse our patience For Leo did nothing lesse then to pray the Emperor that his deputies might preside at the Councell of Chalcedon but hauing sent in the first month of the same yeare a legation to Constantinople ãâã Lucentius a Bishop and ãâã a priest and after haueing added to them vpon the occurrence of the celebration of the Councell ãâã Bishop of Lylibea in Sicilia and hauing associated with him Iulian a latine Bishop of the Isle of Cos in the Grecian Sea who was alreadie in those partes and resided as Nuntio at Constantinople with the Emperor he declared to the Emperor not in forme of a request but in forme ãâã a resolution that it must be this Paschasinus Bishop of Lylibea of whose sufficiencie and constancie to maintaine the truth he had more assurance then of the rest that should preside in his name at the Councell as also ãâã was there the head of the legation and carried the vote in the conclusion of the CouÌcell though he had bene last sent Now who seeth not that this was not to demaund that his legates might preside there but to appoint which of his legates should preside there I haue said he sent my Brother and fellow-Bishop Paschasinus of the Prouince which seemes to me most secure that he may sulfill my place and haue associated with him our brother and fellowe-Priest Boniface comprehending with them those that we had alreadie formerly sent to whom I haue added for a Colleague the Bishop Iulian. And a litle after Because some of our bretheren a thing which we can not speake of without griefe could not keepe their Catholicke Constancie against the whirlewindes of falsehood it is Conuenient that my said brother and fellowe-Bishop Paschasinus should preside in my place in the Synod For whereas Caluin saith That by those bretheren that could not maintaine their CoÌstancie against the whirlwindes of falsehood he intended not the legates of the Pope which had withdrawne themselues but the Bishops of the East who had presided at the false Councell of Ephesus to witt Dioscorus it is an ignorance that deserues the Ferula since Dioscorus and his complices were themselues the whirlewindes of falshood And indeede why should Pope Leo in the Epistle that Caluin citeth of him which was written vnder the Consulship of Adelphius haue prayed the Emperor that he might preside by himself or by his legates at the Councell of Chalcedon since from the precedent yeare that is to saie vnder the consulship of Valentinian and Abienus and before it was knowne there should be anie Councell holden at Chalcedon the Emperor had written to him Our desire is that all impietie being banisht by a Councell assembled vnder your authoritie an intire peace may be restored to all the Bishops of the Catholicke faith And againe It remaines if it pleasse your Holynesse that you trauell into these partes and celebrate a Synod heere c. or if it be troublesome to come hither your Holynesse may please to signifie it by your letters Which Theodorus Anagnostes citing the same letters repeates in these termes Marcian and Pulcheria writt to Leo Pope of Rome yeilding to him all authoritie And how could he haue prayed the Emperor since without attending the Emperors answere and the next day after he had sent him the letter he writt to the Councell The Emperor hath inuited vs by his letters to
coÌtribute our presence at the reuereÌd Synod which the necessitie of time and Custome will not permitt neuerthelesse your brotherhoods may make account that in these brothers of mine Paschasinus and Lucentius Bishops and Boniface and Basilius priests sent from the Sea Apostolick I doe preside in your Councell For the letter the Pope writt to the Emperor was dated the sixth of the calends of Iulie and that he writt to the Councell was dated the fifth And why should he haue praied him since in the secular confirmation of the Actes of the Councell the same Emperor saith The Councell of Chalcedon hath examined matters of faith by the authoritie of the Blessed Leo Bishop of the Cittie eternall in glorie Rome And why since the Fathers of the Councell writt to the Pope Thou didst preside in the Councell as the head to the members exhibiting there thy good will by those that held thy place And the faithsull Emperors presided there for policie and ornament And why since the Emperor Anastasius a while after pressing Macedonius Patriark of Constantinople to race out of the Rolle of his Church the name of the same Councell of Chalcedon Macedonius answered him That he could not doe it without a generall Councell wherein the Bishop of great Rome did preside Of the order of the sittings of the fifth Councell of Constantinople CHAPT XII CAluins fifth obiection is That Menas presided at the fifth Councell of Constantinople And that the Pope being called thither debated not the first place but without anie difficultie suffercd Menas Patriarke of the place to preside Which is an obiection wherein ignorances march by troupes For first Menas was dead fiue yeares before the fifth Councell of Constantinople was holden as appeares by the Acts of the fixth Councell of Constantinople which say Menas dyed the one and weÌntith yeare of the Empire of Iustinian but the fisth Councell of Constantinople was holden the twentie seuenth And by Uictor of Tunes an author of the same age who saith That the fifth Councell of Constantinople was holden vnder Eutychius Successor to Menas And by the very Acts of the fifth generall Councell in all the Sessions whereof Eutychius is named and not Menas For what we haue from the Councell of Constantinople vnder Menas are but particular acts and preambulatory to the Generall Councell which was after holden vnder Eutychius which hath giuen occasion to Euagrius and to Nicephorus to mistake and to thinke that the fifth Councell of Constantinople had bene begun vnder Menas and finisht vnder Eutychius as impertinently as the same Euagrius placeth Epiphanius betweene Anthymus and Menas and maketh Epiphanius succeede Anthymus whereas contrariwise he was his predecessor And secondly Pope Agapet who went to Constantinople not to assist at anie Councell but to treate a peace betweene the Emperor Iustinian and Theodat king of the Gothes was dead when the Councell of Constantinople holden vnder Menas was celebrated And by conseuqent had noe occasion to debate for the first place and Siluerius his Successor in whose tyme this Councell was holden neuer was at Constantinople And suppose Agapet had bene liuing and present at the Councell how could Menas haue presumed to preside in his presence hee that said in the same Councell Wee followe the Sea Apostolicke obey it And who had bene made Patriarke of Constantinople and his Predecessor Anthymus deposed from the Patriarkship of Constantinople by Pope Agapet And who calls Pope Agapet his Father of most holy memory And how would the Emperor Jusiinian haue permitted it he that said Wee will not suffer that anie thing shall passe concerning the estate of Churches but what should be referred to the blessednesse of the holy Pope of old Rome for asmuch as he is the head of the holie Prelates of God And againe Wee decree according to the definitions of the fower Councells that the holie Pope of old Rome be the first of all the Prelates and wee ordaine that the blessed Archbishop of Constantinople new Rome shall haue the second place after the holie Sea Apostolicke of old Rome and shall preceede all the other Seas Also how would hee haue permitted it hee that forsooke his great friend Anthymus whom he had exalted from the Bishops Sea of Trebysond to the Patriarkship of Constantinople and suffered him to be deposed in his presence from the Patriarkship of Constantinople by Pope Agapet Wee know saith he lawe of the Emperor Justinian that the same hath bene done to Anthymus who hath bene deposed from the Sea of this Royall cittie by the most holy Bishop of old-Rome Agapet of holy and glorious memorie because that against all the sacred canons he had intruded himself into a Sea that appartained not to him For what hee adds presently after but he hath also bene deposed and condemned by the common sentence first of that person of holy memorie and then of the holie Synod heere celebrated because he had straied from the right doctrine hath reference not to the deposition of Anthimus of the Patriarkship of Constantinople as the Patriarke Nicephorus and Cedrenus supposed authors farr from the age of Justinian but to the deposition of Anthimus from the Bishops Sea of Trebisond For the vnderstanding whereof you must knowe that there were two depositions of Anthymus one from the Patriarkship of Constantinople which was made and perfected by the Popes onely action and wherein the Councell of Constantinople whereof Iustinian speaketh had noe hand and the other from the Bishops Sea of Trebyzond which was indeede begun by the Pope who ordained that if Anthymus did not purge himself of the heresie which was imputed to him he should be deposed also from the Bishops Sea of Trebisond which had bene reserued to him by the first deposition and should be withall excommunicated and depriued of all Sacerdotall title and of all Catholicke nomination But because the Pope could not finish this second deposition by reason death preuented him before he had the leasure to be fully cleered from the condition that was therevnto apposed it was finished and executed in the Councell This appeares by the Acts of the same Councell whereof Iustinian speaketh to witt of the Councell of Constantinople holden by Menas for the confirmation whereof was published two moneths after this lawe which is annexed to the end of the Councell For the action that precedeth it is the last although it be first recited God saie the Regulars of Syria in their petition to the Emperor reported by the same Actes sent into this cittie Agapet truly Agapet that is to saie beloued of God and man Pope of old Rome for the deposition of Anthymus and of the foresaid hereticks as ãâã he sent great Peter to the Romans for the destruction of the witcheraft of Simon This reuerend person then knowinge by the requests of many of ours the thinges iniustly attempted vpon the Churches and knowinge
is to saie that there were two conuocations of Councells the one Ecclesiasticall to make them obligatorie in conscience and spirituallie and the other Politicke to make them executory by the secular arme and temporally For first as for the ensigne bearer and forerunner of all the generall Councells which is that of Nicea the Fathers of the third generall Councell of Constantinople otherwise called the sixth generall Councell Greeke Fathers as hath bene alreadie often noted of neere a thousand yeares antiquitie and inlightned by manie histories that tyme hath subtracted from vs did they not saie The most sacred Constantine and the praise worthie Siluester called the famous councell of Nicea And as for the Councell of Sardica which was the appendix and supplie of that of Nicea the demaund that Eusebius of Nicomedia head of the Arrian faction made after the Councell of Antioch to Pope Julius of a Councell which since it could not be generall at Rome was afterward appointed at Sardica and the complaint of those that blamed the same Julius for the little tyme that was giuen them to assemble at Sardica doth it not teach vs that the Pope had cooperated with the Emperors in the calling the Councell of Sardica Eusebius saith S. ATHANA SIVS and his writt to Iulius and to amaze vs required that he would calle a Councell For you must reade there with the greeke text that he would call a Councell and not with the latine translation that a Councell might be called And againe Iulius writt backe that there should be a councell held where we would And the same Iulius reported by S. ATHANASIVS Your deputies said he answering the Eusebians haue solicited me to call a Councell and to write to Athanasius into Alexandria and to those of the Eusebian partie to the end that in the presence of all the cause might be defined in iust iudgement And Socrates There was a generall Councell published at Sardica a cittie of Illyria by the ordinance of the two Emperors And a little after Others complained of the breuitie of the tyme and laide the blame vpon Iulius Bishop of Rome Which Harmenopolus himselfe though a late greeke and a schismaticke acknowledgeth in these words By the aduise of the Emperors and of the Bishops of Rome there assembled a Councell of three hundred forty one holy Fathers at Sardica which confirmed the Councell of Nicea For that he accounts not the Councell of Sardica for vniuersall because the Arrians separated themselues from it makes nothing to the purpose of the conuocation which at least was vniuersall There was said Socrates a generall Councell published And as for the Councell of Constantinople these words of the epistle of the Bishops of Constantinople to Pope Damasus and to the Synod of Rome celebrating by the will of God the Synod of Rome You haue called vs with a brotherlie Charitie as your owne members by the letters of the most Religious Emperor And a little after But the execution of this desire was impossible to manie for we were gone to Constantinople vpon your Dignities letters sent the yeare last past after the councell of Aquilea to the most religious Emperor Theodosius Doe they not sufficiently demonstrate that Pope Damasus by his letters written the yeare before that is to saie before the Synod of Rome and when he was yet alone had concurred with the Emperor or rather the Emperor with him for the calling the Councell of Constantinople and for the first councell of Ephesus which onely of the name deserues the title of councell for the second was excluded from the ranke of councells Doe not those wordes of Liberatus Archdeacon of Carthage an African Author and of neere a thosand one hundred yeares antiquitie Cyrill with his prouided with the Uicarship of the Sea Apostolicke hauing called a Councell of two hundred Bishops cited Nestorius Doe they not testifie that it had bene called at the instance and with the cooperation of S. CYRILL Patriarke of Alexandria alreadie before made Vicar and executor of the Popes authoritie in the East And as for the councell of Chalcedon these declarations of the Emperor Martian to Pope LEO whén there was a question of holding the councell afterward transferred to Chalcedon Our desire is that all impietie being banisht by this councell celebrated vnder your authoritie an entire peace may be restored to the Bishops of the Catholicke faith And againe There rests if it please your Holynesse that you come into these partes and heere celebrate the Synod that you will daigne to doe it for the zeale of Religion And a little after Or if it be burdensome to you to come hither that you will signifie it to vs by your letters that we maie dispatch our sacred Patents into the East and into Thracia and Illiria that all the most holie Bishops may assemble in some such place as shall seeme good to vs and decree by their sentences things profitable to Christian Religion and Catholicke faith as your Holinesse according to Ecclesiasticall rules hath defined it And these of the same LEO It hath pleased both to the ordinance of the most Religious Emperors and to the consent of the Sea Apostolicke that the generall councell of Chalcedon should be called And these of the Bishops of the second Moesia to the Emperor Leo translated from greeke into latine by Epiphanius at the instance of Cassiodorus The faith of the incarnation of our Sauiour hath bene confirmed by manie Bishops assembled by the commaundement of the Roman Pope Leo who is trulie head of Bishops and of Anatolius Patriarke of Constantinople in a councell celebrated vnder the two Emperors Doe they not euidentlie proue that Pope LEO cooperated with the Emperors for the calling of the councell of Chalcedon And for the second generall councell of Constantinople which we call the fifth generall councell this answere of the Pope Vigilius to the letters of the Patriarke of Constantinople Hauing knowne your desire by your demaunds wee agree that for the three chapters in question there shall be made a regular councell where preseruing equitie the holie Ghospell being set in the middest wee vnited with our bretheren may conferr Doth it not make plaine that the holding this Councell had bene preceded by the Popes consent and permission For the Councell was assembled in the month of May the twelfth yeare after the Consulship of Basilius and the Popes answere had bene made in the moneth of Ianuary before And these words of the sixth Councell Vigilius consented to Iustinian and the fifth Councell was established Doe they not conuince either that the conuocation or the confirmation of the Councell was taken from the Pope And that a while after Iohn Patriarke of Constantinople hauing gone about as Bishop of the second Rome to participate with the Pope in the title of Uniuersall Bishop would attribute to himselfe the authority of calling
called by him or at his instance but for ãâã much as that Councell which was a particular Councell had vndertaken as compounded of Arrian Bishops who violated all order and discipline to decide things that concerned the vniuersall Church ordayning in hate to saint ATHANASIVS That euery Bishop that after he had bene deposed by a Synod should continue still to performe episcopall functions without hauing bene first reestablisht by an other greater Synod should be incapable of restitution and that the lawes of the Church bore that there could noe decrees be made in the Churches that is to saie as Caluin himself interprets it for things regarding the vniuersall Church without the Sentence of the Bishop of Rome he reproacheth it to them that they had exceeded the power of a particular Councell That is to saie had decided the affaires which concerned the generall gouernement of the Church without hauing inuited him to assiste at it either by himself or by his Legats A thing that if we were stript of all other argumentes would sufficiently shewe the Popes authoritie for if the absence of the Pope alone and not of anie other Patriarke or Metropolitan were an impediment to the makeing of decrees to oblige the vniuersall Church how can it bee but the Pope must be head of the Church and Superior of the other Patriarkes To the third obiection which is that saint IEROM speaking of a certaine Councell holden amongst the Gaules cryes What Emperor hath commaunded this Synod to he assembled From whence they inferre that the Emperors onely called the generall Councells Wee answere it is a very Sophisme for the Councell whereof saint IEROM spake was not a generall Councell but a particular that Ruffinus pretends to haue bene holden in Gaule against saint HILLARY Nowe wee agree of all sides and Caluin himselfe confesses it that the Metropolitans Primates and Patriarkes called particular Councells And the Councells of the westerne Church holden at Rome by Pope DAMASVS in the tyme of the heresie of the Macedonians by Pope Celestine against the heresie of the Nestorians by Pope LEO against the heresie of the Eutychians by Pope Agatho against the heresie of the Monothelites inforced the most obstinate to confesse that the Pope if not as head of the vniuersall Church yet at least as Patriarke of the West called the Patriarchall Councells of the westerne Church and not onely called the Patriarchall Councells of the Westerne Church but alsoe when there was neede caused to be called extraordinarily the nationall or prouinciall CouÌcells of such a NatioÌ or Prouince of the West as he thought to be necessarie as it appeares for Africa froÌ these wordos S. AVGVSTINE The Ecclesiasticall necessitie enioyned vs by the ReuereÌd Pope Zosime Bishop of the Sea Apostolicke had drawne vs to Caesaria And for Macedonia Achaia and Thessalia from these of Pope LEO to Anastasius Bishop of Thessalonica his Legat in those prouinces If There be anie maior cause moued for which it shal be necessarie to cause an Episcopall assemblie to be called let it suffice thee to call two Bishops of euery Prouince such as the Metropolitans shall choose And for Spaine from these of the same LEO Wee haue sent letters to our bretheren and fellow Bishops of Arragon of Carthagena of Portugall and of Galitia and baue declared to them the assemblie of a generall Councell that is to saie generall for Spaine In which place they must not cauill vpon the word Councell and conuert it into Counsell For the first Councell of Bracara reporting the same historie saith By the commaundement of Leo the Bishops of Arragon Carthagena Portugall and Andaluzia held a Councell amongst them But besides the spirituall authoritie were it of Metropolitans Primates and Patriarkes for the calling of particular Councells be it of the Popes as wee pretend for the calling of generall Councells the temporall authoritie of the Emperors was alsoe requisite aswell to auoid state iealousies and hinder suspitions of conspiracies against the Empire as to take order for the Charge of transportations Staples and prouisions and to furnish the costes of the voyages which the Churches then newlie out of the persecution of the Pagans could yet hardlie beare And therefore when there was question of calling not onely generall Councells of all the Earth but alsoe the generall Councell of the Westerne Church the temporall authoritie of the Emperors concurred with the Spirituall authoritie of Popes for the execution of the conuocation The Emperor Valentinian saith Pope Sixtus the third tymefellowe to saint CYRILL hath commaunded by our authority that the Synod should be called And when there was question of calling Nationall Synods if it were within the countries of the Empire the authoritie of Emperors or of their lieuetenans was allso required and if it were within the ecclipsed countries or not depending from the Empire that of the Kings of the nations where it was to be celebrated must be ioyned thereto as when the first Councell of Bracara in Spaine was called it is said it was called by the commaundement of the glorious King Ariamira or according to others Theodomina And when the second Councell of Tours speakes of the first Councell of Orleans holden vnder Clouis it is said it was done at the request of the most inuincible king Clouis And when the second Councell of Mascon was holden vnder King Gontran it was ordained that the ordinarie Nationall Councells should be celebrated from three yeare to three yeare and that the care to cause them to be assembled appertained to the Bishop of Lion and the disposition to the most magnificent Prince Now if the temporall conuocation of Nationall Councells made by the Emperors or by the Princes of the Nations were ãâã impediment but that the spirituall conuocation of the same Councells might be due to the Primats of the Nations Why should the temporall conuocation of generall Councells made by the Emperor be an impediment why the authoritie to call them spiritually that is to saie in behalfe of spirituall and ecclesiasticall power might not belong to the Pope For that then as we haue newlie said the authoritie of Emperors was necessary and ãâã to make the decisions of Councells executorie by the Secular arme and by the ministers and officers of temporall iustice who otherwise would not haue labored to punish corporallie those that should contradict And that is the cause wherefore the Fathers of the Councells were soe carefull to sett this title in the forefront of their acts The most holie and generall Councell called by the authoritie of the most religious Emperor to the end to make their decrees executorie temporallie and by the ministrie of the Secular Tribunall but not to make them obligatorie in conscience and spirituallie For when was it saith saint ATHANASIVS that the iudgement of the Church hath euer taken authoritie from the Emperor And indeede who can doubt but that
to call generall Councells without being moued thereto or seconded by the iust ecclesiasticall authoritie those Councells haue bene declared illegitimate not onely by the finall issue of their iudgements but by the originall vice of their forme if the Popes confirmation did not come in to correct the defect For the Councell of Arimini which was compounded of fower hundred Bishops and which had bene called by the Emperor Constantius was declared inualid not onely for the issue of the iudgement but for this cause amongst others saith the Councell of those of the West reported by Theodoret That it had bene holden without the consent of the Bishop of Rome whose sentence should first of all haue bene attended And in the Councell of Chalcedon the first complaint that was made against the false Councell of Ephesus that the Emperor Theodosius the second surprized by the fraude of the Eutychians had called without the Popes authoritie although with a request to the Pope to assist at it or to send to it was That Dioscorus presumed to hold a Councell without the Bishop of Romes permission which had neuer bene lawfull or before done By meanes whereof all the question of the spirituall and ecclesiasticall authoritie necessary from the part of the conuocation to make Councells lawfull in conscience and obligatory to the internall Tribunall of the Church is betweene the Pope and the other Patriarkes and consistes in this to witt to whom either to the Pope or to the other Patriarkes it belonged to call Councells spiritually Now who doubtes but it must be to him of the Patriarkes that ought to preside there and the defect of whose presence either mediare or immediate rendred the Councells inualid And who sees not that euen if the Pope had not bene the direct Successor of saint PETER if he had not bene his Vicar in whose name all Councells ought to be called if he had not bene the center of the ecclesiasticall vnity and Communion if he had not bene the Bishop as saint CYPRIAN saith of the chaire of Peter and of the principall Church from whence the Sacerdotall vnitie proceeded and in breefe had he not bene superior in authoritie to the other Patriarkes but onely the first of them in order it belonged to him to call them as it did anciently to the PresideÌt of the senate to call the Senate And therefore wheÌ Pope Gelasius saith The Sea Apostolicke onely decreed that the Councell of Chalcedon should be holden It is not to the exclusion of the Emperor that he makes this restriction but to the exclusion of the other Patriarkes And when Pope Pelagius S. GREGORIES predecessor writes The authority to call generall Councells hath bene attributed by a singular priuiledge to the Sea Apostolicke of holie Peter It is not to the exclusion of the Emperors that he makes this limitation but to the exclusion of the other Patriarkes and particularly of the Bishop of Constantinople for the Bishop of Constantinople pretending by the creation of his cittie into the title of the second Rome to haue bene made equall to the Pope not in regard of the Pope as hath bene aboue said but in regard of the other Patriarkes had dared to presume to participate in the East in the title of vniuersall Patriark which title the Pope had receiued at the Councell of Chalcedon and in continuance of this presumption had endeuored to call a generall Councell that is to saie a generall Councell of the Empire of the East in the East To the end then to represse his arrogance the Pope put him in mynde that the power to call generall councells that is to saie the generall councells aswell of all the Empire as of the particular Empire of Constantinople as a ease exceeding the simple patriarchall authoritie belonged to the onely direct and absolute successor of S. PETER It hath bene reported to the Sea Apostolicke saith the same Pelagius writing to the Bishops of the East that Iohn Bishop of Constantinople hath intituled himselfe vniuersall and by vertue of this his presumption hath called you to a generall Councell he meanes the generall Councell of the East whereof Euagrius speakes called for the cause of Gregorie Patriarke of Antioch notwithstanding that the authoritie of calling generall Councells hath bene attributed by a singular priuiledge to the Sea Apostolicke of the holy Peter And a little after And therefore all that you haue decreed in this your not Councell but conuenticle I ordaine by the authoritie of holy PETER Prince of the Apostles c. that it be disanulled abrogated Which S. GREGORIE the great also reportes in these words Our predecessor Pelagius of happie memorie hath abrogated by a sentence intirely valid all the actes of this Synod except what concerned the affaire of Gregorie Bishop of Antioch of happie memorie Now doth not this alone suffice to decide the whole question For if the Bishop of Constantinople vnder pretence of the equalitie that he challenged to haue obtained with the Pope in superioritie ouer the other Patriarkes presumed to call the generall Councells of the East why is it not manifest that the authoritie to call generall Councells forasmuch as concernes spirituall and Ecclesiasticall power belonged to the Pope And if it were soe when the Emperors possest almost all the Regions of the Empire and when the Catholicke Church was spread almost ouer all the other patriarkships how much more nowe when that the Emperors hold but the least part of the Estates of the ancient Empire and that the Catholicke Church is almost reduced into the prouinces of the patriarkship of the Pope or to those that by the conuersion of countries newlie discouered haue drawne their mission and Ecclesiasticall iurisdiction from them But heere is enough of the calling of Councells lett vs goe forward to the other Articles CARD PERRONS REPLIE TO THE KING OF GREAT BRITAINE THE THIRD BOOKE Of Appeales CHAPT I. The continuance of the Kings Answere FOr ãâã ãâã ãâã ãâã ãâã obseruation that is to saie of a contrary obseruation to ãâã his ãâã had said that those which vvere excommunicate by anie of the Churches vvere presently acknovvledged to be ãâã of through all the Catholicke Church it ãâã ãâã ãâã ãâã ãâã ãâã THE REPLIE AND what doth this then signifie that Theodoret speaking of the ãâã that the ãâã made of saint ATHANASIVS Patriarke of Alexandria at the tribunall of Pope Julius writeth Julius following the lawe of the Church commaunded them to come to Rome and cited the deuine ãâã in iudgement And what doth this then signifie that ãâã faith that after the same ATHANASIVS ãâã of Alexandria Paul Bishop of ãâã ãâã Marcellus Primat of ãâã in ãâã Asclepas Bishop of Gaza in ãâã And Lucius Bishop of Andrinopolis in Thrace had bene deposed by diuers Councells of the ãâã of the East The Pope restored them euerie one to his Church because to him for the dignitie
is deriued And in vertue of what power did he solicite Pope STEPHEN to write letters to the Gaules whereby he should depose Martian Bishop of Arles Thou shouldest saith he write letters into the prouince and to the people inhibiting in Arles by which Martian being deposed an other might be substituted in his place And why then when the same Saint CYPRIAN and the councell of Africa had embraced the error of rebaptising heretickes which since the Donatistes haue conuerted into an heresie did Saint VINCENTIVS ãâã say then Pope Stephen of happie memorie prelate of the Apostolicke Sea with ãâã before his other colleagues resisted it esteeming it a thing worthie of him to surpasse all others as well in deuotion of faith as he surmounted them by aucthoritie of place For as for the angrie words that Saint CYPRIAN lett slip against Pope STEPHEN which Saint AVSTIN iudges vnworthie to be reported they shall be spoken of hereafter And why then the same Pope STEPHEN had depriued of his communion Firmilianus Arch-Bishop of Cappadocia and the other Bishops of the Religions of Cappadocia Cilicia and Galatia for the same error of S. CYPRIAN but more obstinately defended did Firmilianus amongst his other wordes of fury which bare with them their owne confutation that he spued vp against the Pope reproch to him that he was soe senselesse he that boasted soe much of the place of his Bishops Sea and gloried that he had the succession of Peter vpon which the foundation of the Church had bene established as to introduce many other Peters and to coÌstitute a plurality of Churches I am angrie said he not without cause with soe manifest and euident a follie in Stephen that he that glorifies himselfe soe much for the place of his Bishops Sea and maintaines that he hath the succession of Peter vpon which the foundation of the Church hath bene sett hath introduced manie other Peters and constituted new buildings of manie Churches in sustaining by his authoritie that baptisme is amongst heretickes And why then when DIONISIVS Patriarch of Alexandria had seene that Pope STEPHEN had shut the gate of his communion from Firmilianus and the other Bishops of Cappadocia Cilicia Galatia and the other neighbouring nations did he write to him letters of intercession and of intreaty vpon this subiect I writt to him said hee beseeching him for them all or praying him concerning all these things For as for that that Saint BASILL Archbishop of ãâã in Cappadocia omitted not to reckon Firmilianus amongst his Catholicke Predecessors notwithstanding his staine it was because he repented afterwardes as Saint AVGVSTINE witnesseth in these wordes Those of the East that had held the opinion of Ciprian corrected their iudgement And Saint IEROM in these Finally the Bishops themselues that had conceaued with Cyprian that heretickes should be rebaptised returning to their ancient custome published a newe decree saying what doe wee soe to them and to vs their Elders and ours haue giuen it by traditioÌ And why then wheÌ the same DIONISIVS Patriark of Alexandria was fallen into suspition of heresie did the Catholickes of Alexandria in steed of hauing recourse to the Synodes of their prouinces come to accuse him at Rome before DIONISIVS Bishop of Rome They went vp said saint ATHANASIVS to Rome to accuse him before the Bishop of Rome being of his owne name And a while after And the Bishop of Rome the translator hath falsely reported the surname to that of Alexandria sent to Dionisius that he should cleere himselfe from those things whereof they had accused him and suddenly he answered and sent his bookes of defence and apologie And in an other place Some hauing accused the Bishop of Alexandria before the Bishop of Rome to holde the Sonne for a creature and not consubstantiall with the Father The Synod of Rome that is to say the consistory of Rome compounded of the Bishops neighbouring vpon the ãâã of Rome without whom the Pope iudged nothing of importance and of the principall Church men of Rome was offended with him and the Bishop of Rome writt to him the opinion of all the assistants and he iustifying himselfe addressed to him a booke of defence and apologie And why then when the councell of ANTIOCHE twice called from the prouinces of Pontus Capadocia Cyria Cilicia Lycaonia Palestina Arabia and from all the other Prouinces of the East had deposed Paulus Samosatenus Patriarke of Antioche and substituted Domnus in his steede And that Paulus would not quitt the possession of the Church did the Emperor Aurelian though a Pagan ordaine And that saith EVSEBIVS verie fitlie that it should be deliuered to him whome the Bishops of Italie and of Rome that is the Bishops of Italie assembled with the Pope should direct it to by writing For for what cause should EVSEBIVS who was one of the Bishops of the Patriarkship of Antioche and besides as an ãâã not well affected to the Roman Church and this word verie ãâã but to shewe that the Emperor had in this action followed the order of the church and that it was a thing fitt for the Ecclesiasticall lawes that the ãâã of Rome should iudge the affaires of the East euen after the ãâã of the East and synodes compounded of a farr greater mumber of Bishops and Prouinces When Paule saith EVSEBIVS would not quit the ãâã of the Church the Emperor Aurelian being called to this businesse ordained ãâã ãâã that it should be deliuered to him to whom the Bishops of Italie and of Rome of the same lawe should write backe And the Greeke manuscript of the ãâã of the councells kept in the priuate library of the most Christian kinge The Emperor Aurelian although a Pagan sent backe the question of Paul to the Bishop of Rome and to those that were by him that when they had examined whether he were iustlie deposed he might be dispossessed of the Church And Zonaras and after him Balsomon not onely Grecians but schismatickes The Emperor Aurelian enioyned the Bishop of Rome and the Bishops that were with him to examine those things wherewith ` Paul was charged and if he were iustly deposed to cast him out of the Church of the Christians Which alsoe since the ãâã councell of Ephesus did imitate when it reserued as shall appeare hereafter the iudgement of Iohn Patriarck of Antioche to the Pope and that Iuuenall Bishop of Ierusalem saied that the ancient custome and the ãâã tradition bare that the Church of Antioche was alwaies to be ruled by the Roman And after the councell of Ephesus the sixth oecumenicall councell of Constantinople when they sent backe the cause of Macarius Patriarck of Antioch to the Pope And why then when the Arrians held their false councell at Antioch 1270. yeares agone did Socrates an ancient Greeke author of 1200 yeares standing write IVLIVS Bishop of Great Rome was not there nor sent he anie in his steede
although the Ecclesiasticall Canon forbidds to rule the Churches without the sentence of the Bishop of Rome And likewise Zozomenus a greeke author alsoe and of the same tyme with Socrates IVLIVS saied he reprehended them that they had secretly and priuily altered the faith of the Councell of Nicea and for that against the lawes of the Church they had not called him to the Synod for there was a Sacerdot all lawe which imported that all things which were done without the aduice of the Bishop of Rome should be inualid And why then when Eusebius of Nicomedia vsurper of the Bishopricke of Constantinople and firebrand of the Arrian faction and the other Arrians his complices sawe that the deposition of Saint ATHANASIVS that they had packed in the councell of Antioche was argued of nullitie because the Popes authoritie did not appeare therin Did they aduise themselues to repaire this defect to preuent the Pope and to pray him to calle the cause to his tribunall EVSEBIVS saith Socrates haueing done in the councell of Antioche what he listed sent an Embassador to JVLIVS Bishop of Rome requiring him to be iudge in the affaire of ATHANAS and to call the cause before him And this not after the voyage of S. ATHANAS to Rome as Socrates and Sozomene and the Protestants with them pretend but before as IVLIVS recited by S. ATHANASIVS saint ATHANASIVS himselfe and THEODORET doe writness ATHANASIVS said IVLIVS is not come to Rome of his owne motion but haueing bene called and hauing receiued ãâã from vs. And saint ATHANASIVS EVSEBIVS and his partie writt to Rome that is to ãâã to the Pope they writt alsoe to the Emperors CONSTANTINE and CONSTANT C. that is to saie to CONSTANTINE Emperor of the Gaules whose residence was at Treuers and to CONSTANT Emperor of Itali and Africa whose residence was at Millen but the Emperors reiected them and as for the Bishop of Rome he answered that we should keepe a Councell where we would And in an other place The Eusebians writt to IVLIVS and thinkinge to terrifie vs demaunded of him that he would call a Councell and that himselfe if he would should be the iudge thereof That is to say they demaunded either that the Pope would keepe a Councell out of Rome in which the cause might be iudged in the presence of his Legates or that he should iudge it himselfe at Rome if he pleased And a while after But when they heard the newes of our arriuvll at Rome they were troubled not expecting our comeing thither And THEODORET Assoone as ATHANASIVS receiued the citatior from IVLIVS he transported himselfe in diligence to Rome And why then when the same IVLIVS obiected to the Arrians the enterprise of the Councell of Antioch did he reproch them that against the custome of the Church they had deposed saint ATHANASIVS in the Councell of Antioch without attending first for a decision from Rome Are you ignorant said Pope IVLIVS in the second answere to the Arrians recited by saint ATHANASIVS that the custome is that we should be first written to and that from hence the iust decisions of things should proceede And therefore if there were anie suspicion conceiued against your Bishop there you must haue written to this Church A manifest argument that the request that the Arrians a while after the Councell of Antioch had made to the Pope to call the cause of ATHANASIVS before him and to call a Councell to iudge it or to iudge it himselfe if hee would was noe newe attribution of iurisdiction to the Pope as the aduersaries of the Church imagine but a truce of their rebellion to the Popes iurisdiction For how could the Pope haue reproached to the Arrians that the Councell of Antioch against the ancient custome of the Church had deposed saint Athanasius without stayinge for a decision from Rome if the Pope had not had right to iudge the cause of saint Athanasius but since the Councell of Antioch And how could the Arrians themselues haue inserted 15. yeares after these wordes in the false letter that they inforced Pope Liberius to write against saint Athanasius I haue following the traditions of the ancients sent on my behalfe Lucius Paule and Aehanus Priests of the Roman Church into Alexandria to Athanasius to cause him to come to Rome that we might ordaine himselfe beeing present vpon his person what the discipline of the Church exactes if this right had bene from the newe attribution of the Arrians and not from the ancient tradition of the Church and euen from that that IVLIVS newly came from speaking of For the things which wee haue receiued from the blessed Peeter I doe signifie them to you But let vs againe goe forward with our interrogatories And why then when the articles of the Eusebians against S. Athanasius were brought to Rome did the Pope vpon the accusation of one of the parties as the common iudge adiourne or giue them both a day and that following the Ecclesiasticall Canon Julius saith Theodoret following the Ecclesiasticall lawe commannded the Eusebians to present themselues at Rome and gaue assignation to the diuine Athanasius to appeare in iudgement And why then when those greate Prelates Athanasius Patriarke of Alexandria Paule Bishop of ConstaÌtinople MARCELLVS primate of ãâã in Galatia ASCLEPAS Bishop of Gaza in Palestina LVCIVS Bishop of Andrinopolis in Thrace who had bene accused of diuers crymes some Secular As Athanasius of the crymes of manslanghter and Rape and other Ecclesiasticall as the same Athanasius to haue caused a Chalice to be brokeÌ And Asclepas to haue ouerthrowne an Altar and had bene deposed from their seates by diuers councells of Thrace and of Asia and had bene heard at Rome did the authors of the Ecclesiasticall histories say that the bishop of Rome restored them forasmuch as to him because of the dignitie of his sea the care of all thinges appartained IVLIVS Bishop of Rome said Socrates because of the priuiledge of his Church armed them with couragious letters and sent them backe into the East and restored to eache of them his place rebukeinge those that had ãâã deposed them And Sozomene the Bishop of Rome haueing examined their complaints and found that they agreed touchinge the decree of the Councell of ãâã receiued them into his communion as conformable and of the same beliefe And because that to him for the dignity of his Sea the care of all things belonged he restered to euery one of them his Church For as for the out ragious letters that those of the East that is to say as it shall appeare heereafter the Bishops of the Patriarckship of Antioch and their complices who were Arrians writt against IVLIVS in hate because he had broken their Councell and restored saint Athanasius I meane to confute them particularly in an other place It shall suffice nowe that I say two thinges one
that these letters hauing bene written by hereticall authors to witt the Arrians and reported by an hereticall historian from whom Socrates and Sozoment tooke them to witt by Sabinus a macedonian hereticke who tooke part with the Councell of Antioch against the Pope and against the Counceil of Nicea and was a sworne Enemie to the Trinitie to saint Athanasius and to the Councell of Nicea they carryed their confutation on their foreheade and are of as little weight as those that the Lutherans or other Protestantes should nowe write against the Pope For who knowes not that the Pope hath alwaies proued that concerning Religion that Cicero said of himselfe concerning the common wealth to witt that none euer declared himselfe Enemie to the Church but he tooke him the Pope for his aduerse ãâã at the same tyme And the other that notwithstanding the boldnes or to speake with Sozomene the impudencie of these hereticall and Arrian letters the restitution that the Pope had made of these great persons and amongst others Athanasius Patriarcke of Alexandria and of Paule Archbishop of Constantinople was neuerthelesse executed and imbraced as iust both in forme and matter by the vniuersall consent of all the Catholickes in the world Athanasius and Paule saith Sozomene recouered each one his seate And in an other place speaking of the 300. Orthodoxall Bishops of the Councell of Sardica who represented all the Catholicke Bishops vpon the Earth They answered said he that they could not separate themselues from the communion of Athanasius and Paule and principally for as much as Iulius Bishop of Rome hauing examined their cause had not condemned them And why then when the same Councell of Sardica where assisted according to the calculation of saint Athanasius Socrates and Sozomene more then 300. Bishops and which IVSTINIAN calls an Oecumenicall Councell And which Vigilius the ancient Bishop of Trent saith to haue bene assembled from all the prouinces of the Earth And where saint Athanasius and the greater parte of the same Fathers that had bene at the Councell of Nicea assisted proceeded not to institute the appeales as it shall appeare hereafter but to rule or to reduce into writinge the customes of the appeales did they ordaine that when a Bishop should appeale to the Pope it should be in the Popes choyse either to giue him iudges out of the neighbour prouinces or to graunt him legates which should be transported into those places If a Bishop said the Councell hauing bene deposed by the assemblie of Bishops of his prouince hath recourse in forme of an appeale to the most blessed Bishop of Rome and desires to be heard a new and that the Bishop of Rome holdes it iust that his cause should be re-examined lett him vouchsafe to write to the Bishops neighbbours to that prouince And a little after and if ãâã thinke it fitt to send priests from about his person which may together with the Bishops decide the businesse hauinge his authoritie from whom they are sent that alsoe ought to be allowed For as for what past afterward in Africa about the matter of Appeales in lesser causes that shall be spoken of hereafter in a chapter by it selfe And why then when the Fathérs of the same councell of Sardica yeilded an accompt of their Actes to the Pope did they write to him according to the copy which is inserted in the fragment of saint HILARIE and cited tacitly by Pope INNOCENT the first and expressely by Pope NICHOLAS the first It were very Good ad conuenient if from all the princes the Prelates of God would send relations to their Head that is to saie to the Sea of the Apostle Peter And why then when Valens Bishop of Murses in Mysia and Vrsatius Bishop of Singidon in Hungaria two of the chiese Whirle-windes in the Arrian tempest would departe from the heresy of Arius and from the slaunders that they had inuented against saint ATHANASIVS did they come to Rome to aske the Popes pardon and to protest obedience to him To the absolution of Athanasius said Sulpitius Seuerns there was yet added that Vrsatius and Valens chiefe of the Arrians after the councell of sardica seeing themselues excluded from the communion came in person to craue pardon of Iulius Bishop of Rome for haueing condemned an innocent And saint ATHANASIVS Vrsatius and Valens seeing these things were touched with remorse and goeing vp to Rome confest their fault and repenting craued pardon And themselues in the acte of their penaÌce giueÌ by writing to the Pope and inserted in the Relations of saint ATHANASIVS and Sozomene Wee confesse said they to your blessednesse in presence of all your priests our bretheren that all those things that are come hither to your eares against ATHANASIVS are false and fained and farr from being his actions and for this cause we earnestly desire to haue communion with him and principallie because your pictie out of your naturall goodnes hath vouchsaffed to pardon our Error And we farther promise that if for this occasion either those of the East or Athanasius himselfe doe maliciouslie call vs to iudgement wee will not departe from what you shall ordaine And why then when the Emperor constantius would set the last hand to the persecutioÌ of saint Athanasius did Amianus Marcellinus though a Pagan author reporte that he solicited Pope Liberius to condemne him not contenting himself that he had bene deposed by a councell cmpounded of 300. Bishops of the East and West vnlesse the Pope himselfe confirmed this deposition Although said hee that the Emperor know this was done neuerthelesse he procured with an earnest desire that it might be comfirmed by the authoritie where of the Bishops of the eternall Cittie are superiors For whereas afterward Pope LIBERIVS ouercome by the persecutions of Constantius the Arrian Emperor gaue himselfe vp to signe the condemnation of saint Athanasius it was after he had bene cast out of his seate by the Emperor at the instance of the Arrians and confined into Thracia And after he had suffered an exile of two yeares and a longe continuance of imprisonments threates of death and corporall afflictions and vexatioÌs Nowe we make a great differeÌce betwene those senteÌces that Popes pronounce de Cathedra that is to saie sett in their Ecclesiasticall Tribunall in the forme of publicke and iudiciary actes and with solemne and canonicall preparation and those things that they doe in the forme of particular and personall actes and not as constituted in the state and liberty of ludges but as reduced into the condition of captiues and prisoners and constrayned by the violence of humane feare such as may Be in a spirit morally constant And yet heere meete three miraculous circumstances and worthy of Gods prouidence toward the Apostolicks Sea in this historie The first that as in the solemnitie of the Pythian games wherein the Grecians celebrated the Feast of Apollo when one
that Pope INNOCENT aduertised of his death excommunicated the Emperor ãâã and the Empresse Eudoxia in these wordes And therefore I the ãâã and a sinner as depositary or Keeper of the Throne of the great ãâã ãâã ãâã off thee and her from the participation of the immaculate mysteries of Christ our God and ordaine that whtasoeuer Bishop or Clarke of the holy Church of God which shall presume to administer them to you after he hath read this ãâã shall be deposed For whereas Socrates and after him Prosper and ãâã Comes reckon the Death of the Empresse Eudoxia to be manie ãâã before the death of saint CHRISOSTOME which is peraduenture the cause that moued Photius to saie that this George mistakes himselfe in some places of the history this is an Error in Socrates a Nouatian author and an Enemie to saint CHRYSOSTOMES memorie who in steede of saying as Cedrenus Zonarus Nicephorus and all the later grecians saie that Eudoxia dyed three monthes after the death of saint Chrysostome and vnder the seauenth consulship of Honorius and the second of Theodosius hath said that she died three monthes after the exile of S. Chrysostome and vnder the consulship of Honorius and Aristenetus perchance deceiued by the ambiguity of the greeke word ãâã ãâã ãâã ãâã ãâã which signifies sometymes death sometymes goeinge out whereof it is credible they froÌ whom he tooke his history had made vse The proofe of the error is that Sozimus a pagan author who writt aboue 30. yeare before Socratcs and was eye witnesse of this history which Socrates was not extendes the life of Eudoxia many yeares beyond the banishment of S. Chrysostome For he saith plainely that the reuolt of the Isaureans was after the banishment of Iohn and that vpon the newes that came to Constantinople of their reuolt the Emperor sent Arzabacius with an armie into Pamphilia to suppresse them who hauing had many victories and prosperous successes against them might haue wholly rooted theÌ out had not Arzabacius degenerated from his first vigor and giuen himselfe vp to pleasures and couetousnesse for which cause he was called backe to Constantinople to vndergoe a capitall iudgement but being returned to the Court he gaue parte of his spoyles to the Empresse who saued him Nowe besides that it was impossible that all these things should happen in three monthes and moreouer that S. Chrysostome testifies that during his staie in Cucusus where he spent the first yeare of his exile the Isaurians had not yet bene suppressed by the Romans Marcellinus Comes setts downe precisely the departure of Arzabacius against the Isaurians to be the yeare after the coÌsulship of Honorius and Aristenetus to witt vnder the coÌsulship of Stilicon Anthemius a thing wholy incompatible with what Socrates and himselfe saie that the Empresse dyed the yeare of the consulship of Honorius and Aristenetus For how could the Empresse saue Arzabacius after his returne from the Isaurians warr begun vnder the consulship of Stilicon and Anthemius if she were dead in the consulship of Honorius and Aristenetus which was before that of StilicoÌ Anthemius And why did not S. Chrysostome himselfe in soe many letters as he writt in his fower yeares banishment make mentioÌ of the death of Eudoxia that was the cause of it if she were dead 3. monthes after his departure into banishment And how could Palladius who although he exteÌdes not his history to the tyme of Arcadius his excoÌmunication neuerthelesse he goes on with it to S. Chrysostoms death haue forgotten to put Eudoxia's death amongst the examples of the persons that dyed for hauing persecuted S. Chrysostom if she had bene dead when he writ his history therefore also the Emperor Leo surnamed the learned Cedrenus Zonarus Nicephorus Glicas all the other later Greekes haue rather chosen to followe Zozimus George of AlexaÌdria their coÌputation in Eudoxia's death then that of Socrates but this obseruation deserues a discourse of more leasure lett vs gett ground And why then when the tempest was appeased would the same Innocent neuer receiue Alexander Patriark of Antioch and Atticus Bishop of Constantinople into his communion till they had restored the name of saint Chrysostome into the recordes of their Churches I haue diligentlie inquired saith Pope Innocent writing to Alexander Patriark of Antioch whether the cause of the blessed Bishop Iohn hath bene fully satisfied in all conditions and being informed by those of your legation that all thinges haue bene fully performed according to our desire I haue giuing God thankes admitted the communion of your Church And a little after As for the letters of the Bishop Atticus because they were ioyned with yours I haue receiued them least the refusall of a man longe agoe suspended by vs might be an iniurie to you and yet we haue sussiciently and more then sussiciently ordained in the actes what ought to be obserued in his person And why doth THEODORET say Iohn being dead those of the west would neuer admitt the communion neither of the Egiptians nor of those of the East nor of the Bishops of Bosphorus and Thrace that is to saie of the iurisdictioÌ of Constantinople till they had inscribed the name of this admirable personage into the roll of the Bishops his predecessors and they esteemed Arsacius that succeeded him not worthie of a bare salutation And as for Atticus successor of Arsatius after manie legations and treaties for peace they finally receiued him but not vntill he had first added the name of Iohn to the other Bishops For that Theodoret saith this of those of the West and that saint Innocent recites it of himselfe are not thinges repugnant forasmuch that as the Greekes by the word Easterne meant the Patriark of Antioch and the Bishops of his Patriarkship and by the word Egiptians the Patriark of Alexandria and the Bishops of his Patriarkship soe by the word Westerne they vnderstood the Pope and the Bishops of his patriarkship because the Pope neuer decided matters of moment without some assembly either generall or particular of the Bishops of his patriarkship from whence it is that in the same letter of Innocent to Alexander it is added at the end that twenty ãâã Bishops of Italie haue subscribed to it And why then when the cause of Pelagius and Celestius had bene iudged both in the East where Pelagius was by the Synod of Palestine and in Africa where Celestius had bene by the Councells of Carthage and Mileuis did the Councell of Carthage write this to Pope Innocent This proceeding then our holie Lord and brother we conceiued we ought to represent to your charitie that to the statutes of our mediocritie there might be allso applied the authoritie of the Apostolicke Sea And againe We doubt not but your Reuerence when you shall haue seene the decrees of the Bishops which are said to be made vpon this occasion
the validity or inualidity of the appeale and in case of validity to annull the first iudgement and restore by prouision the Appellant to his former Estate The other after he had annulled the first sentence to ordaine to proceede to a second iudgement and in case that the Pope would not take the paines to examin it himselfe then not to vexe parties to giue them iudges either sent from Rome or taken by commission from Rome out of those partes or in case of danger of schisme betwene the two Empires to decree that the cause should be iudged his legates being present in an oecumenicall councell Now did not Pope Leo doe this in the cause of Flauianus for first did he not declare the appeale to be lawfull abrogating and annulling the iudgement of Dioscorus and the false councell of Ephesus against Flauianus and setting things in the same estate they where before that is to saie restoring Flauianus euen after his title of Bishop of Constantinople and excommunicating all those that did not communicate to his memory and that without staying till the Councell of Chalcedon was holden And secondly did he not ordaine that to passe to a newe iudgement where all the proceedings of Dioscorus and of the false councell of Ephesus against Flauianus might againe be put to the triall and when Dioscorus if he persisted in his contumacy might be vsed according to his deserte the holding a generall councell should be procured that the matter might be iudged vnder the eye of the Legates with the knowledge and satisfaction of all the world for that the Pope and the Councell of Rome prayed the Emperor of the East to commaund that all things might be sett in the same state wherein they were before iudgement till a greater number of Bishops might be called together from all partes of the world was in regard of the temporall lawes for as much as a little while before the Emperor of the East a Prince that signed as shall appeare heereafter Dispatches without reading them and whose fauour Chrisaphius the Eutychian abused had made a lawe in his Empire by which he confirmed the false councell of Ephesus which he belieued to be oecumenicke and the deposition of Flauianus and ordained that all those that in the Easte should holde the doctrine of Flauianus that is to say doctrine contrary to Eutyches heresie should be either excluded or dispossessed from their Bishoprickes and their bookes publickly burnt and their adherents punisht with confiscation of goods and perpetuall banishment For these causes then the Pope and the councell of Rome prayed the Emperor of the East to reuoke this lawe and to commaund that all things in regard of temporall iurisdiction might be set in the same state as they were before but not that in regarde of spirituall and Ecclesiasticall authority the false councell of Ephesus was alreadie disannulled by the decree of the Councell of Rome and soe disannulled as Anatolius that had bene made Bishop of Constantinople in the false Councell of Ephesus was faine to renounce the Doctrine of Eutyches and of the same Councell of Ephesus and the communion of Dioscorus and to restore the memory of Flauiannus into the recordes of his Church and the rest of the East that would returne to the communion of the Pope were faine to doe the same and this before the Councell of Chalcedon Anatolius saith the Emperesse Pulcheria writing to Pope Leo longe before the Councell of Chalcedon hath embraced the Apostolicke confession of your letters reiecting the error that was lately aduanced by some as your Holynesse may see by his answere And Pope LEO himselfe in the first Epistle to Anatholius Bishop of Constantinople written six monthes before the Councell of Chalcedon Your charitie must said he obserue in regard of silencing the names of Dioscorus Iuuenall and ââââathius at the holie altar that which our Legates in those places tould you ought to be done and which shall not be repugnant to the honorable memorie of saint Flauianus And in the second Epistle to the same Anatolius written fower monthes before the Councell of Chalcedon Remember said he to keepe this rule that all those that in the Synod of Ephesus which neither could obtaine nor deserue the name of a Synod and wherein Dioscorus shewed his corrupted will and Iuuânall his ignorance c are grieued for hauing bene ouercome with feare and for suffering themselues to be forced to consent to that most abhominable iudgement and desire to be receiued to the Catholique communion let brotherly peace be restored to them after competent satisfaction prouided that they condemne and anathematize by an vndoubted able Eutiches with his doctrine and his Sect. But as for those that haue more grieuously offended in this case c. he meanes Dioscorus Patriarke of Alexandria and Juuenall Bishop of Jerusalem and their complices if they perchance come to an acknowledgment and abandonning their owne defence conuert themselues to condemne theire owne error and that their satisfaction shal be such as it shall not seeme fitt to be reiected let that be reserued to the more mature deliberation of the ãâã Apostolicke And indeed that it was not by vertue of any appeale of Flauianus to the Councell that the Councell of Chalcedon which likewise had neuer bene held but for the Pope iudged of Flauianus cause but in vertue of Flauianus appeale to the Pope and the Popes commission to the councell for the compleate reuiew of the cause three things shewe it First the Canon vpon which Pope Leo grounded his procuring a Councell after an appeale was a Canon of the Councell of Sardica concerning appeales to the Pope The decrees said he writing to the Emperor Theodosius of the canons made at Nicea which haue bene decreed by the Prolates of the vniuersall world and whose copies are heereunto annexed witnesse that after the putting in of an appeale the seeking a Synod is necessarie For the Canon annexed to that letter in the greeke actes of the Councell of Chalcedon is a Canon of the Councell of Sardica though incorrectly transcribed by those that copied it which Canon Pope Leo calls a Canon of the CouÌcell of Nicea for asmuch as the Councell of Sardica had bene as a Seale and an Appendix to the Councell of Nicea The second that when the Popes legates in the Councell of Chalcedon pronounced their iudgement vpon the punishement that Dioscorus should incurr they pronounced it in these wordes And therefore the most holy and blessed Archbishop of the great and ancient Rome Leo hath by vs and by this present synod together with the thrice blessed and worthie of all praise the Apostle Peter who is the rocke and pillar of the Catholicke Church and the foundation of the right faith deposed Dioscorus from all dignitie as well Episcopall as Sacerdotall And the third that when the Emperors confirmed in the secular tribunall the same Councell of Chalcedon to make
condemned the orthodoxall doctrine and had excommunicated and not onely excommunicated but put to death Flauianus Archbishop of CoÌstantinople who maintayned the true faith Neuerthelesse these things were not set amongst the principall causes of his deposition but the presumption that he had committed in vndertaking He and his false Councell to excommunicate the Pope and the contempt that he had added to it in not comeing to yeild reason for this presumption to the Councell of ãâã Dioscorus saith Anatolius Arch-bishop of Constantinople speaking to the Councell of Chalcedon hath not bene deposed for the faith but because he had excommunicated my Lord the Arch-bishop Leo and that hauing bene thrice cited he would not appeare And the Councell of Chalcedon in the epistle to Pope Leo saith After all these things he hath extended his ãâã euen against him to whom the guarde of the Vine is committed by your Sauiour that is to saie against thy Holynesse and hath mediated an excommunication against him that striues to vnite the bodie of the Church or according to the other ãâã against thee who makest haste to vnite the bodie of the Church that is to saie against thee that holdest the bodie of the Church in vnitie For with the Greeks it is a common phrase to saie to haste themselues to doe some thing in steede of saying to doe some thinge As when the Emperor IVSTINIAN writt to Pope Iohn surnamed Mercury We haue made haste to submitt and ãâã all the Prelates of the east countries to your Sea insteede of saying ãâã ãâã ãâã all the Prelates of the East to your Sea And as when the Councell of ãâã said Anthymus made haste to cast vs into a worse tempest insteede of saying Anthymus hath cast vs into a worse tempest CARD PERRONS REPLIE TO THE KING OF GREAT BRITANIE THE SECOND BOOKE CHAP. I. Of Councells The continuance of the Kinges answere TO this were added alwaies and as often as they were needefull Councells truly Oecumenicall and not as vve see they haue bene often since Oecumenicall by name but indeede assembled onely out of some prouinces of Europe THE REPLIE AND euen this also very often when there was noe neede of theÌ as the Councell of Arimini compounded of more then 400. Bishops the second Councell of Ephefus called from all the Regions of the world but assembled by hereticall Emperors or gouerned by the abettors of heretickes and from the vnlawfull celebration whereof the one held without the Popes authority and the other against it the successe teacheth vs that as much as Councells are profitable wheÌ the temporall authority seconds the Ecclesiasticall as much are they pernicious when temporall authority vndertakes to performe the office of Ecclesiasticall authority Iointlie that as in human bodies the multitude of medicines is not a signe of health soe in the Ecclesiasticall bodie the multitude of Councells is not a signe of well being witnesse the complaintes of S. Gregorie Nazianz. vpon the multitude of Councells holden after that of Nicea of which he saith that he neuer sawe good come of them that is to witt as much because when the hereticall Emperors medled with the affaires of the Church the ambition to please them which was crept in among the Bishops thwarted the iudgments of the Synod as because the holding subsequent Councells vpon the same matter of those preceding them was to wound and to weaken the authority of the preceding Councells And then howe could the celebration of Councells haue bene a meanes to make men assured of the communion of the true Church if generall CouÌcells lawfully assembled that is according to the externall solemne and vsuall waies might erre in faith as the Protestants pretend and had not the infallible assistance of the holy Ghost but that a particular man esteeming his opinion agreeable to the sense of Scripture and that of the Councell differing from it might yea ought to preferr his iudgement before that of the Councell For whereas his Maiestie saith that the Councells holden in the last ages haue bene Oecumenicall in name but in effect assembled onely from some prouinces of Europe he may obserue if he please that there are two sortes of Oecumenicall Councells the one Oecumenicall indeede the other Oecumenicall in right I call those Councells Oecumenicall in deede which haue bene assembled from all partes wherein the succession of the Episcopall character is preserued whether those parts haue remayned within the Body of the Church or whether they haue bene cutt of from it I call those Councells Oecumenicall in right which are compounded onely of those partes which haue remayned within the body and Societie of the Church and to whom onely as such belongs the right to iudge in matters of Faith as the Councell of Sardica at the which there assisted not the Bishops of the Patriarkeshipp of Antioch because they were Arrians And the second Councell of Nicea at which the Cophtes that is the naturall Egiptians and Ethiopians assisted not because they were Eutychians Now both these kindes of Councells are of equall authority as concerning certainty in decisions of Religion for all the bodie of the true Church being there representatively both in the one and the other the assistance of the holy Ghost is there equally infallible But in regarde of euidence the authoritie of Oecumenicall Councells in deede is more powerfull and eminent in the behalfe of those men which are deuided from the Church then that of Oecumenicall Councells in right For in Councells Oecumenicall in right there are none but Catholicks that are assured that all the body of the Church is there assembled whereas in Councells Oecumenicall in deede each of the parties coÌtesting is of agreemeÌt that all the Body of the Church is there represented And the medley of hereticall or Schismaticall Bishops that is prouided with the onely succession of the Episcopall character but cut of from the communion of the Bodie of the Church hinders not but that in such councells the holy Ghost may worke by the common note of the Assemblie because the true Church receiuing those Bishops there for the effect then present into her charitie and into her communion while they are ioyned with her to the end to seeke meanes to assemblish vnitie she re-enables and restores to them for the tyme of the assemblie the authoritie of the exercise and of the Iurisdiction of their order whereof before there remayned to them nothing but the character To say then that some of the Councells of the latter age haue not bene Oecumenicall because the Greekes or Ethiopians did not assist there is not a valuable exception vnlesse it first appeare that the Greekes or Ethiopians are true and lawfull partes of the Church and haue not bene iustly cutt off and deuided from the Catholicke communion For it sufficeth to make a CouÌcell generall and vniuersall in right that all the partes that remaine actuall within the Body
to saie for the celebration of Prouinciall and nationall Synods for the correctioÌ of minor and particular causes for the confirmation either mediate or immediate of the Bishops of the same prouinces addeth for as much as this also is accustomed to the Bishop of Rome it is certaine that the intention of the couÌcell was not by that to square the Bishop of Alexandria by him of Rome in things that wét beyond the limitts and authoritie of Patriarchall iurisdictioÌ and concerned the iurisdictioÌ of the head of the Church and the gouernment of the vniuersall societie but in those things onely that were withim the bouÌdes and within the facultie of Patriarchall iurisdiction No more then when they measured the power that the other Prefects of the Empire had within the coÌpasse of their prouinces by the power that the prefects of the cittie of Rome had within the prouinces of his Prefecture they preteÌded not by that that in matters that wen forth by appeale from the other prouinces the cittie Prefecte as head of the Senate and Vicar to the Prince was not Superior to all the others nor that wheÌ in a nationall Councell they square out the power that the Archbishops haue ouer the Bishops of their prouinces to the modell of that which the Primate of the natioÌs hath as particular Archbishop ouer the Bishops of his quarter they preteÌd not by that that in things which goe beyoÌd the iurisdictioÌ of the prouinces regard the generall interest of the natioÌ the Primat should not be superior to the other Archbishops nor finallie wheÌ in a regiment of men of warre they measure the power that euery particular Captaine hath to commaund his company by the paterne and modell that the Campe-Master of the RegimeÌt hath ouer his they intend not by that in things which are not in the particular comaund of euerie companie but haue regard to the order the disposition and gouernemeÌt of the Regiment in generall the Campe-Master should not be superiour to all the other captaines For both before the Councell of Nicea when the Church-men of Alexandria would accuse Dionisius the Patriarke of Alexandria their Bishop who was the first Patriarke of the Church after the Pope they transported themselues saith Athanasius to Rome accused him before Dionisius Bishop of Rome presently after the Councell of Nicea when the councell of Antioch Sea of the third Patriarkeship had bene celebrated it was argued of nullitie because saith SOCRATES the Ecclesiasticall law forbad to rule the Churches whithout the sentence of the Bishop of Rome And when the same Councell of Antioch the other councells of the East had deposed S. ATHANAS Patriarke of Alexandria and Marcellus Primate of Ancyra in Galatia and Asclepas Bishop of Gaza in Palestina a cittie of the Patriarkeship of Antioch The Bishop of Rome saith Sozomene restored them euerie one to his Church because to him for the dignitie of his Sea appertained the care of all things And when the Councell of Sardica within twentie yeare of that of Nicea and holden for the Confirmation of that of Nicea and composed of the like or a greater number of Bishops theÌ that of Nicea and at which assisted the same Osius Bishop of Corduba the same saint A THANASIVS then Patriarke of Alexandria the same Protogenes Bishop of Sardica which had assisted at that of Nicea proceeded to the direction of ecclesiasticall causes it did not onely authorize the appeales from the Bishops of all the Earth to the Pope but also declared that it was a very good and conuenient thing that from all the Prouinces the Bishops should referre the affaires to their head that is to saie to the Sea of the Apostle PETER And wheÌ the Councell of Capua which the third Councell of Carthage calls a generall councell deputed Theophilus Patriarke of Alexandria because of the neighbourhood of his Patriarkship to examine the cause of Flauianus Patriarke of Antioch saint AMBROSE writ to him that after he had iudged it he must get the Pope to confirme his iudgement And when the generall councell of Ephesus passed to the cause of Iohn Patriarke of Antioch Iuuenall Bishop of IerusaleÌ said that the ancient custome bare that the Church of Antioch was alwaies gouerned by the Roman and the councell in the Bodie of it remitted the iudgement of the Patriarke of Antioch to the Pope And when Dioscorus Patriarke of Alexandria had in the false Councell of Ephesus condemned and deposed Flauianus Bishop of Constantinople Flauianus appealed froÌ him to the Pope and that saith the Emperor Valentinian following the custome of the Councells And when the Councell of Chalcedon disanulled the false Councell of Ephesus it was voted by Anatolius Bishop of Constantinople that of all the acts of that councell none should remaine in force except the creation of Maximus Patriarke of Antioch because the Pope hauing receiued him into his coÌmunion had iudged that he should gouerne the Church of Antioch wheÌ Theodoret Bishop of Cyre neighbour to Persia and one of the Subiects of the Patriarkship of Antioch who had bene deposed by the same couÌcell of Ephesus had froÌ it appealed to the Pope presented himselfe at the couÌcell of Chalcedon the senators to cause order to be obserued there commaunded he should come in for as much as the Pope had restored him to his Bishopricke And when the Popes Legates bare the first word in the Councell not onely they intitled the Pope the head of all the Churches but also when the Fathers of the councell in their Bodie sent their Relation to the Pope they intreated him as the head of the vniuersall Church Thou hast guided vs said they by the legats as the head doth the members And againe As in this which is for the ãâã we haue brought correspondencie to our head so thy Soueraigntie may fulfill in the behalfe of thie Children that which concernes decencie and they treated Dioscorus Patriarke of Alexandria as ghostly vassall to the Pope ãâã said they hath extended his felonie euen against him to whom the ãâã of the Vine hath by our Sauiour bene committed that is to saie against thy Holynesse Euident and manifest arguments that the Pope had two qualities distinct the one of Patriarke of the West and the other of Soueraigne Vicar of Christ and head of the vniuersall Church and that when the other Patriarkes were compared to him it was in qualitie of Patriarke of the West and not in the quality of Soueraigne Vicar of Christ and head of the vniuersall Church The second Solution is that the Councell of Nicea speakes of the Bishop of Alexandria with restriction and of the Pope without restriction from whence it is that the Senators assisting at the Councell of Chalcedon to cause order to be obserued there after they had heard the lecture of the sixth Canon of the Councell of
Nicea and of the third Canon of the Councell of Constantinople inferred thereupon thus it appeares from hence that all primacie and principall honor hath alwaies bene ãâã to the Bishop of Rome a thing that amazes me that the Greeke Schismatickes and ãâã amongst the rest did not perceiue it For Nilus Archbishop of Thesalonica disputing against the Pope saith If the Canon of the Councell of Nicea had distributed the Climates of the earth to euerie one of the Bishops-Generall so he calls the Patriarkes and had determinately setled nothing vpon the Sea of the Pope but had contented itself with saying that he had receiued the primacie there had bene some reason to esteeme that all the earth had bene vnder him And neuerthelesse not onely the Councell of Constantinople ordaines that the Bishops should not exceede their limitts but that according to the Canons of the Councell of Nicea the Bishop of Alexandria gouerned onely the affaires of Egipt And the Bishops of the East that is of the Patriarkship of Antioch onely the affaires of the East And the Councell of Chalcedon ordaines to the Bishop of Ierusalem the three Palestina's And to him of Constantinople Asia minor Pontus and Thrasia and the Barbarous prouinces that is to say Russia and Muscouia without euer goeing about either that or anie other Councell to sett out a part to the Bishop of Rome nor prescribe limitts out of which he might not exercise his authoritie But euen the Councell of Nicea speakes of the Bishop of Alexandria with restriction assigning him the prouinces of Egipt Libia and Pentapolis and of the Pope without restriction leauing him the waie free and assigning him noe limitts nor anie determinate number of prouinces The customes said the Canon obserued from antiquitie in Egipt Libia and Pentapolis are to be maintained to wit that the Bishop of Alexandria haue the power of all those things for as much as this is also accustomed to the Bishop of Rome By meanes whereof it remaines in the libertie of the Reader to supplie the word ouer all the Church and to expresse the Canon in this sence that the customes obserued from antiquitie in Egipt Libia and Pentapolis should be maintained to wit that the Bishop of Alexandria haue the power of all those things for as much as this is also accustomed to the Bishop of Rome ouer all the Church For what was this custome practized by the Bishop of Rome but that whereof saint IRENEVS speakes when he saith to the Roman Church because of a more mightie Principalitie it is necessarie that all the Church should agree And saint AVSTIN when he writes In the Roman Church hath alwaies flourisht the principalitie of the Sea Apostolicke And Socrates when he affirmes that the Ecclesiasticall lawe bare that uo decrees might be made in the Church without the sentence of the Bishop of Rome And Sozomene when he notes that to the Bishop of Rome because of the dignitie of his Seate the care of all things apportained And so who sees not that the intention of the Councell was net to compare the Bishop of Alexandria with the Pope formallie but anologically that is to saie that the intention of the Councell was not to compare the authoritie of the Bishop of Alexandria ouer the prouinces of Egipt Libia and Pentapolis with the authority of the Pope ouer anie determinate territorie but to compare the authoritie of the Bishop of Alexandria ouer the prouinces of Egipt Libia and Pentapolis with the authority of the Pope ouer the whole Church It is certaine that in this clause for as much as this is also accustomed to the Bishopof Rome there is an omission which should be supplied either by the extent of an vniuersall word of particular restriction Now that the designe of the Councell was not to compare the Sea of Alexandria as head of the particular Prefecture of Egipt with the sea of Rome as head of an other particular prefecture but to compare the Sea of Alexandria as head of the particular prefecture of Egipt with the Sea of Rome as head of all the Empire the decree of the Councell of Chalcedon which shall be spoken of hereafter shewes it when it saies designing the temporall cause of the priuiledges of the Church of Rome The fathers yeilded the priuiledges to the Sea of the ancient Rome for as much as that Cittie helde the Empire And the Confronting of these wordes of Socrates The Ecclesiasticall rule bare that no lawes should be introduced into the Church without the sentence of the Bishop of Rome with these of the Bishops of Egipt to the Councell of Chalcedon Permitt vs to attend the ordination of our Archbishop to the end that according to the ancient customes we may follow his sentence And againe It is the custome in the prouinces of the prefecture of Egipt to doe noe such ting without the sentence and ordinance of the Archbishop of Alexandria confirmeth it For to saie that there could be nothing established in the vniuersall Church without the sentence of the Bishop of Rome and to saie there could be nothing established in the prouinces of the Prefecture of Egipt without the sentence of the Bishop of Alexandria was it not to make the Bishop of Alexandria that in the prefecture of Egipt that the Bishop of Rome was ouer the whole Church And therefore the Councell saying simplie for as much as this is also accustomed to the Bishop of Rome and not specifying where nor bringing in ãâã restriction what should hinder vs from supplying ouer all the Church and from answering that the intention of the Councell was to ordaine that the Bishop of Alexandria who in Egipt Libia and Pentapolis was as Vicar bred from the Sea of saint PETER who had there established his second selfe that is to saie his sonne and welbeloued disciple the Euangelist saint MARKE should haue the superintendencie of the Ecclesiasticall affaires in all these prouinces for as much as the Bishop of Rome to whom as Sozomene saith because of the dignitie of his Seate the care of all things appertained had it generally ouer all the Church or if they will presse vs to reduce the enthymeme of the Councell into the forme of a complete sillogisme what can hinder vs from reducing it into this The same priuiledges that the Bishop of Rome hath in regard of the whole Church the other Patriarkes haue proportionablie euery one in reregard of his Patriarkship Now the Bishop of Rome hath this priuiledge that to him because of the dignitie of his Sea the care of all things pertaines and that without him nothing can be decided of things which concerne the gouernment of the vniuersall Church the Bishop of AlexaÌdria then ought to enioy by proportion the same priuiledges in the prouinces of his Patriarkship that is to say in the prouinces of Egipt Libia and Pentapolis
that were instituted in the Churches without the sentence of the Bishop of Rome And the Emperors Theodosius and Valentinian Wee decree that accoding to the ancient custome nothing shall be innouated in the Churches without that sentence of the reuerend Pope of the Cittie of Rome Now how was this anie other thing but to make the Pope what the same lawe of Theodosius and Valectinian calls him to witt the Rector of the vniuer salitie of Churches and what the Councell of ChalcedoÌ intitles him to witt the Guardian of the Lords Vine and what the Councell of Sardica the Councell of Chalcedon and the Emperor Iustinian qualifie him to wit the head of Bishops For if as the Prouinciall Nationall or Patriarchall Councells could not be reputed perfect nor decide the affaires of the ãâã or of the nation or of the Prouince without the Metropolitan ãâã ãâã ãâã the generall Councells could not be generall nor decide ãâã ãâã which concerned the vniuersall Church without the assistance and ãâã of the Bishop of Rome And if as S. IEROM saith that the Councell of ãâã had ordained that Antioch should be the metropolitan ãâã spirituall of all the East so not only saint ATHANASIVS calls Rome the Sea ãâã and metropolitan of Romania that is of all the Roman Empire beates the Arrians with the epistle which they had writen to the Pope in the which though fainedly irronically they had called the Roman Church the Schoole of the Apostles and the Metropolitan of religion but also S. GREGORIE Nazianzene cries out the ancient Rome marcheth right in the saith ãâã all the west tied by the healthfull word as it is conuenient that ãâã should doe which rules all the world And if as the Bishops of Egipt protested at the Councell of Chalcedon that it was the custome in the prouinces of the ãâã of Egipt to doe nothing without the sentence ordinance of the Archbishop of Alexandria So Socrates saith that the Coucell of Antioch was argued of nullitie for as much as the ancient Ecclesiasticall law bare that the Churches could not bee ruled without the ãâã of the Bishop of Rome how is it that the Bishop of Rome was not metropolita of the vniuersall Church such in regard of the whole Church ãâã ãâã Patriark Metropolitan was in regard of his diuision And if the Pope reciprocallie as heire to the principall Sea of S. PETER Metropolitan of the vniuersall Church was Rector of the vniuersality of Churches how could it be that the originall Patriarks which were heires of the ãâã Chaires of S. PETER the Metropolitans of the secoÌd ãâã of the Empire were not by proportion in the behalfe of their diuisions that which the Pope was ouer the whole extent of the Church It appeares thirdlie by the proceeding of the same Councell of Nicea and in the same Canon For what cause had the Councell of Nicea to represse the rebellion of Meletius Bishop of Sycopolis in Egipt who refused to obey the Bishop of Alexandria his Patriarke alledged the custome of the Pope not that of the Patriark of Antioch The Patriark of Antioch was in person at the Councell which the Pope was not hee was neerer both to the cittie of Nicea wherein the Councell wae holden to the Sea of Alexandria in whose fauour this CanoÌ was made then the Pope he had the ãâã ouer fifteene great prouinces where of the least conteined more countries then the Protestants attribute to the Patriarkship of the Pope For what cause doth the Councell to suppresse Meletius alledge the custome of the Bishop of Rome and not that of the Bishop of Antioch but because the Bishop of Antioch his authoritie was of positiue right as well as that of the Bishop of Alexandria by which meanes the same ãâã that carried Meletius to denie the one might likewise haue carried him to denie the other where the Popes authoritie was of diuine right that is to saie as S. AVSTIN the Mileu Councell speake drawne ãâã the authoritie of the holie scriptures Moreouer for what cause did the CouÌcell of Nicea confirme the custome of the Patriark of Alexandria that of the Patriark of Antioch not confirme that of the Pope but because the Popes authoritie depends not of the authoritie of Councells but proceeded from the verie mouth of our Lord as Pope Gelasius whoÌ S. ãâã the secoÌd S. AVS or rather the second Oracle of the African Church calleth the ReuereÌd Prelat of the Sea Apostolicke hath since expressed it in there words The holie RomaÌ Catholicke Apostolick Church hath not bene preferred before other Churches by anie synodicall constitutions but hath obtained the primacie EuaÌgelicall voice of our Lord and Sauiour when he said Thou art Peter and vpoÌ this rocke I will builde my Church Now this being so how is it not manifest that the intention of the Councell was not to restraine the authoritie of the Pope to the limits of a simple particular Patriarkship as that of the other Patriarkes but to propound the authoritie that the Pope had in regard of the vniuersall Church for a type and patterne of the authoritie of the other Patriarkes in regard of their patriarkships for either the law diuine gaue nothing to the Pope ouer the other Bishops or if it gaue him anie thinge it was giuen him ouer all the Earth although for the coÌmoditie of the vniuersall gouernement of the Church the Pope abstained from the immediate administratioÌ of the other Patriarkships coÌtented himselfe with the onely immediate gouernement of the patriarkship of the West and with the mediate generall superintendencie ouer the rest It appeares fowthly by the possession wherein the Pope remained after the Canon of the Councell of Nicea of iudging the persons and iudgements of the other Patriarkes and that in the view with the applause euen of those that had made the canon of their successors without that anie euer murmured that this practise contradicted it for how had Pope Iulius the first who was created Pope fiue yeares after the Coúcell of Nicea restored those great Champions of the Councell of Nicea saint ATHANASIVS Patriark of Alexandria Marcellus Primat of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina because to him saith Sozomen for the dignitie of his Sea the care of all things apperteyned if the intentioÌ of the Councell of Nicea had bene to restraine the authoritie of the Pope into the onely limitts of a particular Patriarkship as well as that of the other Patriarkes And how had those great ChaÌpions defendors of the CouÌcell of Nicea made vse of the Popes restitution to re-enter their Seas if it had bene contrary to the canon of the Councell of Nicea the which themselues had helped to compose S. ATHANASIVS amongst the rest who had bene the soule and pen thereof was then heire
successor to Alexander Patriark of Alexandria in whose fauour and vpon whose particular the article had bene sett downe And how could Pope Julius haue reproched the Arrians that they had altered the decrees of the CouÌcell of Nicea if himself in restoring S. ATHANASIVS Patriark of Alexandria Paul Bishop of Constantinople Marcellus Primat of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina Lucius Bishop of Andrinopolis in Thrace in disannulling the Councells of Tyre Antioch Constantinople which had bene holden against them had violated the canoÌ of the councell of Nicea And why did not the Arrians replie to him that it was himself that infringed the decrees of the Councell of Nicea if the intention of the Councell of Nicea had bene to restraine the Popes authoritie to the only limits of a particular Patriarkship as well as that of the other Patriarks And how had the Councell of Sardica wherein the Councell of Nicea was againe put to the triall which was holden twenty two yeares after the Councell of Nicea to defend the authoritie of the Councell of Nicea by many of the same Fathers that had assisted at the CouÌcell of Nicea reduced into a written lawe that Bishops deposed by the Councells of their prouinces might appeale from theÌ to the Pope declared that it was a very good fitt thing that froÌ all the prouinces the Bishops should referr the affaires to their head that is to saie to the Sea Apostlick of S. PETER if the intentioÌ of the CouÌcell of Nicea had bene to restraine the Popes authoritie into the onely limits of a particular Patriarkship as well as that of the other Patriarkes And how had the generall Councell of Ephesus reserued the cause of John Patriark of Antioch to the iudgmeÌt of the Pope And how had Flauianus Bishop of Constantinople after he had beeÌ deposed by Dioscorus Patriark of Alexandria by the second Councell of Ephesus appealed from them to the Pope and that saith the Emperor Valentinian the third according to the custome of the Councells And how finally had Theodoret one of the Bishops of the Patriarkship of Antioch hauing bene deposed in the same second Councell of Ephesus and hauing thence appealed to the Pope bene receiued into the Councell of Chalcedon because the Pope had restored him to his Bishopricke if the intention of the Councell of Nicea had bene not to propose the authoritie of the Pope in regard of the vniuersall Church for type and patterne of the authoritie of the other Patriarkes in regard of their Patriarkships but to restraine the Popes authority into the onely limits of a particular Patriarkship as well as that of the other Patriarkes It appeares in the fifth place by the title of vniuersall Patriarke and vniuersall Pope that the Churchmen of the other Patriarkships and particularly those of Alexandria who had more interest in the obseruation of the sixt Canon of the Councell of Nicea then anie other as hauing bene made in fauour of their Church yeilded to the Pope For when the Priests and deacons of the Patriarchall Church of Alexandria presented their requests to the Councell of Chalcedon from which the person of the Pope was as farre distant as it is betweene Rome and Asia they couched them in these termes To the most holie and most blessed vniuersall Patriark of great Rome ãâã and to the holie and vniuersall Councell And this they did all the Councell seeing and approuing it and ordayning that they should be inserted into the Acts and consequently not holding them for strange new and vnwonted things And when the Religious men of Antioch presented in Constantinople their requests to Pope Agapet they couched them and made them to be inserted into the Actes of the Councell of Constantinople holden against Anthymus and celebrated vnder the Emperor Iustinian in these wordes To our most holie and blessed Lord Agapet Archbishop of the ancient Rome and vniuersall Pairiark And when the great scourge of the Nouatians Eulogius Patriark of Alexandria and heire of the Rights conferred vpon the patriarkship of Alexandria by the Councell of Nicea sett hand to penn he did not onely saie disputing against the Nouaâians that PETER onely had receiued the keys that is to saie originally but also writing to the Pope S. GREGORIE he called him vniuersall Pope Now how is this anie other thing then to protest that what the other Patriarkes were euerie one in the behalfe of his owne Patriarkship the Pope was the same in the behalfe of the world For as for the part that the Bishop of Constantinople challenged in this title afterward it shall be heereafter shewed that it was by vertue of the right of the Bishop of Rome that he pretended it to be communicated to him by the erection of Constantinople into the title of the second Rome And as for the refusall that the Pope S. GREGORIE made of the vse thereof it shall be answered in the same chapter It appeares in the sixth place by the proceeding of Theodosius the second Emperor of the East who resoluing at the instance of Atticus Bishop of Constantinople to make the cittie of Constantinople enioy the title of Patriarkship which he pretended had bene attributed to him in the Councell of Constantinople published a law which hath alwaies as shall heereafter appeare remained without effect by which he alleadged that Constantinople had the priuiledges of the ancient Rome and ordained that she should exercise them not only in all the prouinces of Pontus Asia minor and Thracia but also in all the prouinces of Illiria The one of the heades of this lawe we learne from Socrates who said the Bishop of Cyzica being dead Sisinnius Archbishop of Constantinople ordained Proclus Bishop of Cyzica but the Cyzicenians that is to saie the Bishop of the diuision of Cyzica seeing he went about it preuented him and ordained a religious mancalled Dalmatius and this they executed despising the law which forbad to ordaine Bishops without the sentence of the Bishop of Constantinople alleadging it had bene made onely for the person of ãâã And the other we learne from the lawe omni ãâã ãâã which is a fragment of that where of Socrates makes mention which forbids that euen in all the prouinces of the Easterne Illyria any thing should ãâã but with the knowledg of the Bishop of Constantinople ãâã saith the lawe that all innouation ceasing so speakes the Emperor because ãâã abusing the simplicitie of his youth had ginen him to vnderstand falsely that the refusall that the Bishops of Illeria made to acknowledg him for Patriarke had begun but since the schisme of Arsacius his ãâã the antiquitie and the precedent Ecclesiasticall Canons which haue bene obserued hitherto he meanes the Canons of the Councell of Constantinople holden vnder Nectarius which had attributed to the Sea of Constantinople euen in spirituall causes the title of the second Rome and
it had bene admittted in some prouinces of Pontus Asia Minor and Thracia shall also haue place through all the prouinces of Illiria that is to saie of the Easterne Illiria to witt thae if there doe anie controuersie arise it may not be reserred to the holy iudgment and sacerdotall councell without the knowledg of the most holy and right Reuerend the Bishop of the cittie of Constantinople which hath the priuiledges of the ancient Rome And Photius Patriarke of Constantinople reporting the same lawe The sixth constitution said hee of the second title of the first booke of the code ordaineth that all the Canonicall questions that shall arise in all Illiria may not be decided without the sentence of the Bishop of Constantinople and of his Synod which hath the priuiledges of the ancient Rome Now what was this priuiledge of the ancient Rome to whose imitation nothing could be decided not onely in all the prouinces of Thracia Pontus and ãâã ãâã but also in all the prouinces of the Easterne Illiria without the knowledge or according to the text of Socrates and of Photius without the sentence of the Bishop of Constantidople and of his Synod but that which we now come from speaking of with the same ãâã that the Ecclesiasticall lawe gaue the Pope through the whole earth to witt that without the sentence of the Bishop of Rome there might be made no new definition in what part of the world soeuer and which the law of Valentinian inserted into the new constitutions of the same Theodosius renewes in these wordes We decree that according to the ancient custome nothing shall be innouated in the Churches without the sentence of the Bishop of Rome And therefore what other thing was it to graunt to the Bishop of Constantinople in Ecclesiasticall matters the priuiledges of the cittie of Rome but to make the Bishop of Constantinople particularly in his diuision what the Bishop of Rome was ouer all the Earth It appeaaes in the seauenth place by the possession wherein the Pope continued notwithstanding the erection of the Patriarkship of ãâã to iudge of the iudgements and of the persons of the Patriarkes of Constantinople and to receiue the appeales in maior causes from their diuisions For not onely the Popes as well after the Councell of Constantinople wherein the erectioÌ of the Patriarkship of ConstaÌtinople was attempted as after that of Chalcedon where it was againe sett vpon remained in perpetuall possession to iudge of the iudgements of the persons of the Patriarkes of Constantinople and to receiue the appeales of the maior causes from their diuisions but also the Patriarkes of Constantinople remained in perpetuall profession of obedience and of subiection to the Pope The one of these pointes shall be seene heereafter both by the appeale that SCHRYSOSTOME Archbishop of Constantinople cast in from the Councell of Constantinople to Pope Innocent the first and by the appeale that Eutiches Abbot of Constantinople cast in from Flauianus Patriark of Constantinople to Pope Leo the first by the appeale that the same Flauianus Patriark of Constantinople cast in from the second Councell of Ephesus to the same Pope Leo the first that saith the Emperor ValentiniaÌ the 3 rd according to the custome of Councells by the condemnatioÌ that Pope Felix the third made of Acacius Patriark of Constantinople in vertue whereof he was raced yea after his death out of the records of the Church of Constantinople and by the deposition that Pope Agapet made of Anthymus Patriarke of ConstaÌtinople by the iudgemeÌt that the Pope S. GREGORIE the Great gaue in the causes of Iohn priest of Chalcedon and Athanasius a Regular of Lycaonia appealing to him from the tribunall of the Patriarke of Constantinople And the other shall appeare in the same chapter by the protestations that Iohn the second Anthimus Menas Iohn the fowrth Patriarkes of Constantinople euery one in his tyme made to acknowledge theÌselues submitted subiect to the Pope to the Roman Church Now how was this anie other thing but a perpetuall testimonie that the Patriark all dignitie exempted not those that were thereof prouided from the iurisdiction superioritie of the Pope then that the intention of the Councell of Nicea had neuer bene to restraine the Popes authoritie within the simple limitts of a particular patriarkship as well as that of other Patriarkes but to propose the Popes authority in regard of the vniuersall Church for a type and patterne of the authoritie of the other Patriarkes in regard of their patriarkships It appeares in the eight place by the proceeding of the Emperor Iustinian the first who desiring to erect the first Iustinianea of Bulgaria the cittie of his Birth into the forme of a supernumerary patriarkship ouer the six Archbishoprickes of the six prouinces neere to that towne ordained that in those six prouinces she should hold the place of the Sea Apostolicke of Rome following the definitions of Pope Vigilius Wee decree saith the Emperor that the blessed Bishop of the first Iustinianea shall haue vnder his proper iurisdiction the Bishops of the Mediterranean Dacia of Dacia Rypensis of Triballea of Dardania of vpper Misia and of Pannonia and that they shall be ordained by him and by his proper Synod and that in the prouinces subiest to him he shall hold the place of the Sea Apostolicke of Rome following the things defined by the holie Pope Vigilius For that the intention of the Emperor Iustinian was to erect by this lawe the Bishoprick of the first Iustinianea of Bulgaria into the forme of a Patriarkship of honor although this honor remained to him but in shadowe and smoake wee learne from two cases The one that in the Councell of Constantinople surnamed Trullian holden vnder Iustinian the second before Bulgaria was possest by the Infidells Iohn Bishop of Iustinianopolis signed in the ranke of the Patriarkes in this order Paul of Constantinople Peter of Alexandria Anastasius of Ierusalem George of Antioch and Iohn of Iustinianopolis And the other that euer after the returne of Bulgaria to be Christian the latter Greekes did in some sorte continue this title to him as Curopalates a Greeke Author acknowledgeth when he coupleth the Archbishop of Bulgaria with the Patriarkes in these termes The designatioÌ of the other Patriarkes is made without anie diuersitie as well of him of Alexandria of him of Antioch of him of Ierusalem as also of the Archbishop of the first Iustinia nea called Achrida and of all Bulgaria And as Barlaam a Greeke Author natiue of Peloponosus confirmes it in his disputations against the Greeke schismaticks when hee writes that in the part separate from the Pope there were fiue Patriarkes on the other part saith he the are fiue Patriarkes reckoning him of Bulgaria And that this priuiledge to hold the place of the Sea Apostolick in the six prouinces neere the first
Iustinianea was not by co-ordination with the Pope but by subordination to the Pope that is to saie it was not by forme of exemption from the authoritie of the Pope but by forme of submission and substitution to the authoritie of the Pope Wee learne from the epistles of S. GREGORIE the Great which testifie as it shall appeare in the chapter following that the same S. GREGORIE coÌfirmed yet fiftie yeare after this law the electioÌ of the Bishop of the first Iustinianea sent him the Archiepiscopall mantle renewed to him the Vicarship of the Sea Apostolicke iudged by appeale of the Bishops of his diuision chasticed himselfe when he had iudged amisse It appeares in the ninth place by the proceeding of the Bishop of Constantinople who hauing obtained in the Councell of Constantinople holden vnder Theodosius the Great a decree which ordained that his Sea should bee the second after Rome because Constantinople was the second Rome and hauing made this decree to be explained by a surreptitious Canon in the Councell of Chalcedon in such sort as he was permitted to enioy the same priuiledges with the Pope after the Pope attempted to participate with the Pope the title of vniuersall Patriarke and to inscribe himselfe vniuersall Patriarke not in regard of the Pope but vnder the pope and in regard of the other patriarkes and to this the other patriarkes the Emperors themselues and the Councells of the East consented communicated to him this nomination For in the Councell of Constantinople holden against Anthimus not onely the title of vniuersall Patriarke was attributed to the Pope but also to the Bishop of Constantinople And in the seauenth law of the Code the Emperor Iustinian called Epiphanius Patriarke of Constantinople Oecumenic all Patriark but vnder the Pope whom he calls in the same lawe the head of all the holie ministers of God And in the sixth generall Councell not onely the Emperor Constantine Pogonat intitles the Pope Generall Arch-pastor and the Protothrone of all Patriarkes but also the epistle of Cyrus Patriarke of Alexandria read in the same Councell qualifies Sergius Patriarke of Constantinople with the title of Oecumenic all Patriarke Now how was this anie other then to presuppose that the Pope had alwaies bene vniuersall Oecumenic all Patriarke For if the Patriarke of Constantinople by vertue of the erection of Constantinople into the title of second Rome made as he pretended for spirituall Rights in the first Councell of Constantinople attributed to himself ioyntly with the Pope though vnder the Pope the title of vniuersall Patriarke that all the other Patriarkes the Emperors themselues the Councell of the East consented to it coÌmunicated to him this nomination how doth it not appeare manifestly that they then acknowledged that before the holding of the first Councell of Constantinople the Bishop of Rome was vniuersall and Oecumenic all Patriarke and by consequent that the intention of the Councell of Nicea had not bene to restraine the Popes authoritie to the onely limits of a particular patriarkship as that of the other patriarkships but to propound the Popes authoritie in regard of the vniuersall Church for a type and patterne of the authoritie of the other Patriarkes in regard of their patriarkships It appeares in the tenth place by the epistle of Innocent the first whom S. AVSTIN calleth Pope of happie memorie to Alexander Patriarke of Antioch wherein he writes to him that the Councell of Nicea had established the Patriarkship of Antioch not ouer a Prouince but ouer a Bodie and a masse of Prouinces and adds that Antioch had not yeilded to Rome but that what Antioch had traÌsitorilie to wit S. PETERS Sea Rome had it finallie and absolutely and by the testimonie of S. IEROM priest of the Patriarkship of Antioch who saith that the Councell of Nicea had ordained that Antioch should be the metropolitan of all the East and neuerthelesse cries that the Church is built vpon the Popes coÌmunión and vpon the chaire of S. PETER and that he will not acknowledge the Patriarks of Antioch but whiles they communicate with the Pope from whence it ariseth that the intentioÌ of the Councell of Nicea had not bene to make the Popes authoritie and that of the Patriarke of Antioch equall And finally it appeares by the difference that the Councell of Chalcedon where this very decree of the Councell of Nicea was read put betweene Dioscorus Patriarke of Alexandria who possest the Sea in whose fauour the Canon had bene made and the Pope accounting the Pope for Guardian of our Lords Vine the Patriarke of Alexandria for one of his subguardians For not onely the Coucell of Chalcedon writing to the Pope calls him the head of Bishops We beseech thee saith the Councell to ãâã our iudgement with thy decrees that as wee haue brought consent in matters of weale to our head so thy Soueraigntie ãâã ãâã ãâã ãâã ãâã or according to the other copies ãâã ãâã ãâã ãâã ãâã the Soueraigntie maie fulfill in the behalfe of thy children that which is for decencie But also speaking of the presuÌptions of Dioscorus Patriarke of ãâã adds for the last to make his insolence coÌpleat that he ãâã sett vpon the proper person of him to whom our Lord had committed the guard of the Vine hee hath said they extended his felonie euen against him to whom the guard of the vine was committed by our Sauiour that is to saie added they against thy Holynesse Now was not this to protest that what Dioscorus Patriarke of Alexandria was ouer the Churches of Egipt Libia and Pentapolis the Pope was the same ouer all the Churches of the world and to authorize what the Emperor Valentinian the third had said but a while before that the Pope was Rector of the vniuersalitie of Churches And what the Bishop of Patara in Lycia one of the Prouinces of Asia said afterward to the Emperor Iustinian that there was noe kinge in the world which was ouer all the world as the Pope was ouer the Church of all the earth For this occasion then to witt that the Patriarkships and namely those of Alexandria and Antioch which had bene founded from the tyme of S. PETER and by S. PETER himselfe were as Vicarships I meane Vicarships borne and perpetuall and not Vicarships delegate and arbitrary of the Sea of S. PETER or rather to repeate S. GREGORIES words one same Sea of S. PETER with that of Rome wheÌ the Fathers of the Councell of Nicea confirmed the priuiledges of the Bishop of AlexaÌdria troubled by Meletius head of the Schismaticks of Egipt they decreed that the Bishop of Alexandria in the Prouinces of his Patriarkship should euioy the Rights of the Bishop of Rome as the Sea of Alexandria in Egipt Libia and Pentapolis being an originarie and perpetuall Vicarship of S. PETERS sea but not that they thereby pretended in things
gouernement is not because of his dignitie of patriarke but because of his qualitie of Bishop And secondlie who knowes not that Diodorus Siculus writes that manie placed Alexandria the first or second of all the Citties of the world and assirmes that in his tyme there were aboue three hundred thousand Freemen inhabitans in Alexandria and that Herodian saith that Geta esteemed that Alexandria and Antioch were not farr short of Rome and that ãâã calls Constantinople equall to Rome And as for the prouinces neere Constantinople and Alexandria who knowes not that they were no lesse peopled then the prouinÄes neere and contiguous to Rome and principallie if we belieue Josephus wherein ãâã saith that Egipt contained Seauenty fiue hundred thousand of men without accompting the inhabitantes of Alexandria And Diodorus Siculus who saith that the ancient Egipt contained aboue eighteen thousand Citties or famous Boroughes The word Suburbicary being deriued as Grammar teacheth vs from the word vrbs the lawes of Etimology will that the varietie of the signisications should be ruled according to the difference of the acceptions of the word vrbs the primitiue Now the word vrbs preciselie taken for the ãâã of Rome had two Offices the one to distinguish her from all Cittie 's contained vnder the Empire of the same Cittie of Rome which was Called by excellencie and absolutely vrbs from whence it is that S. CYPRIAN calls the Clearks of Rome Clearkes of the Cittie and the first Councell of Arles intitles the Deacons of Rome the deatons of the Cittie And Optatus Mileuitanus calls Zepherinus Bishop of Rome Zepherinus of the Cittie And GREGORIE of Tours saith Papam Vrbis intending the Pope of Rome and that conformablie both to the eminencie of the Cittie and to the Councell that Mecenas reported by Dion gaue to Augustus to make all other people take their Citties but for Countrie howses and Villages and to beleiue that there was but one Cittie trulie a Cittie to witt Rome And the other to distinguish it from the onelie Citties subiect to the Prouostship of Rome which they called the Prefecture of the Cittie which contained the next hundred thousand paces to the Cittie of Rome And therefore as the word vrbs taken precisely for the Cittie of Rome had two vses one relatiue to the Imperiall territorie of the Cittie of Rome and the other relatiue to the prouostall territorie of the Cittie of Rome so the word suburbicary taken according to the reason of the etymology ought to haue two offices the one generall to witt to designe all the Citties situate within the emperiall territory of Rome that ancient writers called Romania from whence it is that saint ATHANASIVS said that Rome was the Sea Apostolick and Metropolitan of Romania the other particular and more proper to lawyers to witt to designe the onely Citties situate within the prouostall territorie of Rome that is to saie within a hundred thousand paces about Rome which they called suburbicary to distinguish theÌ from the Citties of Italie subiect to the Pretoriall prefect of Italie who held his Seate at Milan the which and principallie since the tyme of Constantine was partycularly called Italie for before Constantines tyme the pretoriall Prefecture was not yet diuided into fowre Pretoriall Prefectures of Italie of Gallia of Illiria and of the East but consisted in one onely Prefecture though it were sometymes solidarily administred by two persons Now to pretend that it were in this second sence to wit not by relation to the Imperiall territory of Rome but by relation to the Prouostall territory of Rome that Ruffinus hath translated that the Bishop of Rome should haue the care of the Churches suburbicary what were this but to finde the Readers some what to laugh at For besides that this terme was not in vse but in the authors that haue written since Constantin and the Councell of Nicea who euer heard of shutting vp the Popes authoritie within the next hundred thousand paces of the Cittie of Rome is there so simple a scholler that knowes not that the Pope setting aside his qualitie of head of the Church was Patriarcke of the West whence it is that saint BASILE considering him as Patriarke calls him the Corypheos of the westerne people And that S. IEROME speaking of him in the same qualitie cries out let them condemne me of heresie with the west let them condemne me of heresie with Egipt that is to saie with Damasus and with PETER vnderstanding by Damasus Pope Damasus and by PETER Peter Patriarke of Alexandria whom Socrates saith Pope Damasus had newly then restored And euen the Greeke Scismaticks did not they ancieÌtly acknowledge that the Patriarkship of the Pope did anciently coÌtaine all the prouinces of the Empire of the West that is to saie all the Prouinces of Italie Africa Spaine France and the Germanies England the Western Illiria vnder which was vnderstood Dalmatia HuÌgaria the neighbouring prouinces Thou Seest saith Nilus Archbishop of Thessalonica disputing against the Latins that the Canon of the Councell of Nicea esteemes that the rules of the Fathers ought to be confirmed which haue distributed to euery Church their priuiledges to witt that some of the Nations should be submitted to the Bishop of Alexandria others to the Bishop of Antioch as those of Syria the two Cilicia's Coelosiria Mesopotamia And to the Bishop of Rome is giuen the same to wit that he haue the superintendencie of those of the West And Zonarus a Greeke commenter and a Schismatick expounding the sixth CanoÌ of the Coucell of Nicea long before Nilus The Councell saith ãâã ordaines that the Bishop of Alexandria should haue the ãâã of ãâã of Libia and Pentapolis c. as the ancient custome had giuen to the Bishop of Rome to commaunde in the prouinces of the west yea doth not the same Zonarus write that the patriarkship of Rome comprehended not onely all the prouinces of the Empire of the West but also almost all the westerne prouinces of the Empire of the East To the Roman Church saith ãâã comenting the fifth Canon of the Councell of Sardica were then ãâã almost all the westerne Churches to wit those of Macedonia those of Illiria those of ãâã those of Peloponesus those of Epirus which haue since bene attributed to the Sea of Constantinople For those prouinces that Zonarus calls westerne were all of the Empire of the East but they were called western and appertained to the Patriarkship of the west for as much as they had bene ãâã the ancient Empire of the West such as it had bene possessed by the common-Weale of Rome before the Empire of Asia holden by the Seleucides other neighbour-Princes that of Egipt were vnited to it such as it had bene limited by the Emperors Antonius and Geta when they ãâã to diuide the Roman world and set the Bosphorus for a barr betweene
to the blessednesse of the most holy Pope for as much as he is the head of all the most holy Ministers of God And by the places aboue cited of saint GREGORIE the great which witnesse that the Pope confirmed euen then that is to saie fiftie yeare after Iulian the former the election of the Bishop of the first Iustinianea and sent him the Archiepiscopall mantle and the reuocation of the Vicarship of the Sea Apostolicke and iudged by appeale of the causes of his Bishops chasticed him himselfe when he had misiudged But in summe whatsoeuer the sence of this addition of Russinus bee it imports little to knowe it For hauing bene excommunicated for his errors in saith by the Pope and the Roman Church who doubtes but if he could insert into his translation anie thing to the Popes preiudice he hath done it It ãâã before the Councell of Nicea which wills that to euery Church the prerogatiues thereof be preserued the Roman Church was she whereof S. IRENEVS cryes out to this Church because of a more mightie principalitie that is to saie because of a principalitie more mightie then the temporall it is necessary that all the Churches should agree It was she that S. CYPRIAN called the Chaire of Peter and the principall Church from whence the ãâã all vnitie proceeded It was she of whom S. IEROM writt I know the Church is built vpon this stone whosoeuer eates the lambe out of this howse is prophane It was she of whom S. AVSTIN said In the Roman Church hath alwaies ãâã the principalitie of the Sea Apostolicke It sufficeth that before the Councell of Nicea which ordaineth that the ancient customes should remaine entire the law Ecclesiasticall sorbad to canonize Churches that is to ãâã to make canons touching the generalitie of Churches without the sentence of the Bishop of Rome that the Ecclesiasticall custome bare that the finall depositions of Bishops could not be proceeded to without attending the decision from Rome and that from the tyme of the Emperor Gallienus that is to saie more then sixtie yeares before the Councell of Nicea the Churchmen of Egipt desiring to accuse Dionisius Bishop of Alexandria their Patriarke went vp saith saint ATHANASIVS Patriarke of the same Sea of Alexandria to Rome and accused him before ãâã Bishop of Rome It sufficeth that presently after the same Councell of Nicea when S. ATHANASIVS Patriarke of Alexandria Paul Bishop of Constantiuople Marcellus Primate of Galatia Asclepas Bishop of Gaza in Palestina had bene deposed by diuers Councells of the East Iulius Bishop of Rome restored to euery one his Church because to him saith Sozomene for the dignitie of his Sea the care of all things appertayned It sufficeth that after the death of ATHANASIVS Pope Damasus confirmed the ordination of Peter Patriarke of Alexandria successor to the same saint ATHANASIVS and restored him to his Sea of Alexandria It sufficeth that in the Councell of Sardica holden for the defence of the Councell of ãâã whereat assisted besides more then three hundred other Bishops the same Osius that was President at the Councell of Nicea the same saint ATHANASIVS which had helped to frame the acts of the Councell of Nicea the same Protogenes Bishop of Sardica which was at the Councell of Nicea the Episcopall appeales to the Pope were authorized by a written lawe and the Bishops of all the prouinces exhorted to referr the affaires to their head that is to saie to the Sea of the Apostle PETER It sufficeth that in the Councell of Lampsacus in Asia the Macedonians purposing to returne to the Catholicke Church sent their Legats from Asia to Rome to protest obedience to the Pope to oblige themselues to come vp to his Tribunall or to the iudges delegated by him in all causes that should be attempted against them It sufficeth that in the Councell of Tyana in Cappadocia Eustachius Bishop of Sebastia in Armenia who had bene deposed by the Councell of Melitina the Metropolitan cittie of Armenia bringing letters of restitution from Pope Liberius was receiued without forme of processe and had place as a Bishop in the Councell It ãâã that when the Emperor Constantius had caused S. ATHANAS Patriarke of Alexandria to be deposed in a Councell of more then three hundred Bishops of the East and West he thought he had not satisfied his desire if the thing saith Amianus Marcellinus were not confirmed by the authority whereof the Bishops of the eternall cittie are superiors It sufficeth that when the same Canon of the Councell of Nicea which is now in question was renewed in the Councell of Constantinople the other Patriarkes and Primats were forbidden to meddle beyond their diuisions Let the Bishop of Alexandria said the Synod gouerne onely what belongs to Egipt and let the Bishops of the East that is to saie of the patriarkship of Antioch admister onely to the East where neuer CouÌcell interdicted the Pope from medling in matters which were out of his patriarkship CoÌtrariwise the Pope in importaÌt occasioÌs hath alwaies takeÌ notice of the ecclesiasticall affaires of the Empire of the East iudged by appeale the causes of other patriarkships the Catholicke Councells of the East theÌselues yeilding to be solicitors executors of his sentences oppositely neuer anie of the other Patriarks once attempted to examine the Ecclesiasticall causes of the Empire of the West and of the patriarchall diuision of the Pope It sufficeth that in the Mileuitan Councell holden by the Bishops of Asrica and by S. AVSTIN amongst others it was affirmed that the Popes authoritie was of diuine right and drawne from the authoritie of the holy Scriptures and then not to be restrained to the simple patriarkship of Rome but vniuersall and such as the law of the Emperor Valentinian the third describes it when it calls the Pope the Rector of the vniuersalitie of Churches And the Emperor Iustinian when he writes that the Pope is the head of all the most holy ministers of God And the Bishop of Patara in Lycia one of the prouinces in Asia when he saith to the same Emperor Iustinian that there were many kings and princes in the world but there was noe one of them that was ouer all the earth as the Pope was ouer the Church of all the world It sufficeth that in the generall Councell of Ephesus when the Fathers had executed the sentence of deposition that the Pope had pronounced at Rome against Nestorius when they should haue passed to the cause of Iohn Patriark of Antioch the Councell reserued the iudgement thereof to the Pope and that according to the ancient custome and tradition Apostolicall It sufficeth that in the false Councell of Ephesus after Dioscorus Patriarke of Alexandria and his pretended generall Councell had deposed Flauianus Archbishop of Constantinople and Theodoret Bishop of Syre Flauianus saith the Emperor Valentinian
cittie of Constantinople that the Emperor had deputed to maintaine order in the Councell considered so much their owne interest in the challenge of Anatolius esteemeing they might by this meanes still augment the dignitie of their cittie and in such sort imprinted into the spirits of the assistants that it was the desire and passion of the Emperor that the Bishops of the Councell belieued they could not resiste this decree without offending the Emperor and the Senat of Constantinople and all the Imperiall Court of the East as it appeares by the relation of the Bishops of the Councell to the Pope in these words Wee gratifieing the most religious and Christian Emperors who take pleasure in this decree and all the illustrious Senat and in a word all the royall citty haue esteemed it to purpose that this honor should be confirmed by the generall Councell And a little after Wee pray you then to honor our iudgement with your decrees and that as in what concerned the weale we haue brought ãâã to our head so your soueraigntie may accomplish toward your children what concernes decency for in so doeing the religious Emperors shall be gratified The seauenth nullitie is that Eusebius Bishop of Dorylaus and abettor to Anatolius his Claime vsed a manifest surprise to cause this decree to be approued by the Councell which was to testifie to the Councell that it was agreable to the Pope I haue said Eusebius of Dorylaus voluntarily signed this canon because I haue read it at Rome to the most holie Pope in the presence of the clerkes of Constantinople and he approued it From whence it is that the Bishops of the Councell writt to the Pope in the relation that they addressed to him that it was vpon this foundation that they had proceeded to the confirmation of the decree Wee haue said they taken the ãâã to confirme it as a thing begun by your Holynesse in fauour of those that you ãâã alwaies desired to cherish knowing that in whasoeuer children doe well it is referred to their Fathers And neuerthelesse this testimony was a testimonie sull of falsehood and imposture as it appeares both by the instruction that the Pope had consigned to the Legates which bare Suffer not the canon of the holie Fathers to be violated by anie rashnes And a little after And if anie perchance trusting in the power of their owne citties shall attempt to vsurpe anie thinge represse them as agreeth with ãâã And by the words of the same Leo who writt in the epistle to Maximus If they saie that the bretheren which I haue sent in my steede to the Synod haue done anie thing ãâã what concernes Faith it shall be no force for as much as they haue bene sent by the Sea Apostolicke to this end onely to roote out heresies and to defend ãâã And in his epistle to Anatolius Neuer maie my conscience consent that so ãâã a couetousnesse shall be helped by my fauor but rather that it be suppressed by me and by those that allow not the prowde but consent with the humble The eight nullitie is that when they would proceede to the approbation of the canon the Popes Legates protested a nullitie against it and made their protestation to be registred within the acts of the Councell This appeares first by the verball processe of the Councell where their opposition is couched in these words Wee require your excellence to commaund that the things which were yesterdaie done against the canons in our absence may be cutt of or if not that our contradiction may be inserted into the acts that we may know what wee haue to reporte to the Apostolicke Bishop and to the President of the whole Churches that hee may pronounce the iniurie done to his Sea and to the subuersion of the canons This they added not that this decree gaue anie authority to the Patriarke of Constantinople but after the Pope and in regard of the other Patriarkes but forasmuch as to propound it without the Popes consente who was the protector of the rightes of the other Patriarkes and preseruer of the canons and to make it passe against the opposition of his Legates it was to wound the dignitie of the Sea Apostolicke and to infringe the ancient discipline which annulled the rules of the Church made without the sentence of the Bishop of Rome And secondly it appeares by these words of the Pope to Anatolius Our bretheren sent in behalfe of the Sea Apostolicke which presided in my steede at the Councell resisted pertinently and constantlie to those vnlawfull attempts crying out with a lowd voice that the presumption of a pernicious noueltie might not be exalted against the canons of the Councell of Nicea And their contradiction cannot be doubted since thou thy-self complainest in thy letters that they haue desired to crosse thy enterprise wherein thou dost greatelie recommend them to me but thou accusest thy-selfe for not obeying them And thirdly it appeares by the relation of the Councell itselfe to the Pope which containes these words Daigne most holy and blessed Father to embrace these things for the most holy Bishops Paschasinus and ãâã and the most religious Priest Boniface holding the place of your Holynesse haue greatlie striued to contradict this rule desiring that such a good might take the intire originall from your prouidence to the end that as the rule of Faith so that of good order might be attributed to you The ninth nullitie is that the Pope insteede of consenting to the request that the Councell solicited by Anatolius and by the Emperor and the Senate had made to him to confirme this canon disannulled abolished it Ioyninge with vs said the Pope in his epistle to the Empresse ãâã the pietie of your faith wee annull the plotts of the Bishops repugnant to the rules of the holy canons establisht at Nicea and by vertue of the authoritie of the blessed Apostle Peter doe wholie abrogate them by a generall sentence And Pope Gelasius fortie yeares after repeating the same historie That which the authoritie of the Sea Apostolicke hath confirmed in the Councell of Chalcedon hath remained in force and what she hath refused could obtaine noe stedfastnesse And onely she hath disannulled that which the Synodicall congregation had adiudged against order should be vsurped And it is not to be said that the Pope abrogated this canon for passion or out of desire to contradict and not in zeale to preserue the right of the other Seas and to maintaine the canons of the Councell of Nicea for the Pope did not abrogate it of his owne motion but hauing bene already prayed before by saint CYRILL Patriarke of Alexandria and since by Maximus Patriarke of Antioch not to permitt that such attempts should take place and that the rights of the Churches setled by the Councell of Nicea should be violated Thy charitie saith Pope Leo in his epistle to Maximus Patriarke
of it the one is Socrates who saith after saint ATHANASIVS At this Councell assisted Osius Bishop of Cordula Uito and Uincentius Priests The other Dalmatius of the same tyme with Socrates who writes and Galatius of Cyzica fiftie yeares after him At this Councell assisted Osius Legat of the Bishop of Great Rome Siluester with the Priests Uito and Uincentius but as for Eusebius hee saith thereof nothing at all contrariwise hee affirmes cleerelie that the Priests of the Bishop of Rome whom he reserues to name last as the seale and the Crowne of the Councell held there the ranke of their Bishop The Bishop of the cittie regnant saith hee assisted not there because of his age but his priests kept his ranke there Now by what arithmeticke could the priests of the Roman Church keepe there the ranke of the Bishop of Rome if Osius possessed the first place otherwise then in the qualitie of their Colleague and filling vp one selfesame place with them Moreouer howe had not the Patriarkes of Alexandria Antioch and Ierusalem lost at the Councell of Nicea their rightes of the second third and fowrth Seates in the Councells against the expresse protestation that the Councell of Nicea made to preserue their priuiledges if Osius Uito and Uincentius had held diuers places there and not one and the same place And how had the Councell of Constantinople celebrated in the same age that the Grecians call the second generall Councell when they would erect Constantinople into a Patriarkship ordained that the Patriarke of Constantinople should hold the second place after the Bishop of Rome if in the first generall Councell the Bishop of Rome had not held the first place And how could the legates of the Pope in the Councell of Chalcedon haue complained that Dioscorus had presumed to vndertake to preside in a pretended generall Councell without the Popes authoritie which had neuer bene lawfull nor euer had bene done if Osius had presided in the Councell of Nicea without the Popes authoritie And how could the Emperor Iustinian haue said Wee decree following all the sower holie Concells that the most holy Pope of olde Rome be the first of all the Prelates if in the first of all the generall Councells a simple Bishop of Spaine had bene the first otherwise then in the qualitie of delegate by the Pope And finallie how came it that an Action so irregular as that by which a man who was neither Metropolitan nor Patriarke had preceded all the Patriarkes of the East and euen in the East was not noted amongst the extraordinary examples of antiquitie And how came it not to speake of the interest of the Patriarkes that Theognis Bishop of Nicea the Cittie wherein the Councell was celebrated and Eusebius Bishop of Nicomedia head of the Arrian faction and Metropolitan of the Prouince of Bithinia wherein the Councell was holden and Bishop of the Seate of the Emperors in the East did not oppose it as well as when Fortunius Archbishop of Carthage was at Constantinople the Metropolitans subiect to the Patriarkship of Constantinople opposed this that the Archbishop of Carthage should haue caused the acts of the second generall Councell of Constantinople to be searched to see what place the legate of Primosus Archbishop of Carthage had there And how chanced it that they and the other Arrians who after the death of Constantine and Constans the Catholicke brothers to Constantius the hereticall Emperor stirred heauen and earth to reuerse the auctoritie of the Conncells of Nicea and Sardica could not alleage for a meanes of nullitie that Osius had presided irregularly in the one and the other if he had presided otherwise then as representing the person of him to whom the right to preside did appertaine But the question in the matter that Caluin propounds is not betweene the Pope and Osius who at least was one of the Suffragans or reare Suffragans of the Pope that is to saie one of the Bishops of the Popes Patriarchall diuision And by consequence what ranke soeuer he held it could not tend to the Popes preiudice For were it that the Pope sent him from the West into the East with the title of legat or were it that being alreadie there the Pope had chosen and designed him by letters to represent his person or were it that neither the one nor the other had chanced but that being at the Councell he had bene intreated as the most ancient Bishop there present of the Popes Patriarkship to ioyne himselfo with his deputies to helpe them to present him it could be noe waie to the disaduantage of his Patriarke It is betweene the Pope and the other patriarks and consists in this whether at the Councell of Nicea the Popes deputies were sett after the other three patriarks or before them Now of this ATHANASIVS and Socrates put vs out of doubt when they saie that the order of the Councell was Osius Bishop of Corduba Vito and Uincentius priests Alexander of Egipt Eustachius Patriarke of great Antioch and Macarius Bishop of Ierusalem For to this that Eustachius Patriarke of Anthioch or as others saie Eusebius Archbishop of Cesarea made the oration of the Councell to the Em peror and was sett at the head of the Bishops on the rigth hand in respect of the Emperor to whom his speeche was directed it sufficeth to answere two things the one that the highest qualified were not chosen to preach the oration but the most eloquent amongst whom Eustachius that Sozomene calls admirable in eloquence held the first ranke And the other that the right hand at the coming in and reckoning from the place where Constantine was who had his backe turned towards the doore and his face to the Fathers at the first incounter of whom in coming from the doore he staied was not the most honorable place in the Councell but the right hand at goeing forth and to reckon from the place where the Ghospell was sett as appeares by the order of the Councell of Chabcedon and of the Councell of Constantinople holden vnder Menas where the Presidents were sett at the left hand from the side where they came in which was the right hand from the side of the Ghospell and the others at the right hand Of the order of the sittings in the first Councell of Epehsus CHAPT IX THE second obiection of Caluin is taken from the first Councell of Ephesus and couched by him in these wordes Att the first Councell of Ephesus saith Caluin Pope Celestin vsed an oblique practise praying saint CYLILL Bishop of Alexandria who otherwise was to preside there to hold his place And the Popes Ambassadors were there in an inferior place But with what oblique faith was this done For first Pope Celestine had made saint CYRILL Patriarke of ALEXANDRIA his Vicar in the East before anie Councell was spoken of to be kept at Ephesus and had giuen him commission to
execute at Constantinople the rudgement pronounced at Rome against Nestorius Archbishop of Constantinople Adding to thee said Pope Celestine in his Epistle to saint CYRILL the authoritie of our Sea and vsing with power the representation of our place thou shalt execute exactlie and constantly this Sentence to witt that if within ten daies reckoned since the day of this monitory Nestorius doe not anathematise by writing his wicked doctrines c. thy holynes should prouide for that Church without delaie and declare him to be wholie cutt of from our Bodie And in the Epistle to Nestorius read and inserted into the Acts of the Councell Wee haue sent the forme of this iudgement with all the verball processe to our holy fellow-Bishop of Alexandria to the end that he being made our Uicar may execute these things And in the Epistle to the Clergie of Constantinople Wee haue conferred our Uicarship because of the farr distance of places to our holie brother Cyrillus And the Councell of Ephesus in the relation to the Emperor The sentence of him and his before there was anie Synod assembled at Ephesus the most holy Celestine Bishop of great ãâã had testified by his letters and had committed to the most holy and most beloued of God Cyrill Bishop of Alexandria to be his Uicar And saint CYRILL himselfe in the Epistle against Nestorius addressed to the Constantinopolitans Wee are constrained said hee to signifie to him by Synodicall letters that if ãâã speedilie that is to saie within the time defined by the most holy Bishop of the Roman Church hee renounce not the nouelties of his doctrine he shall haue noe more communion with vs nor place amongst the Ministers of God And secondly Celestine making saint CYRILL his vicar it was by forme of commission and not by forme of intreaty Hee committed to him saith the Councell of Ephésus to be his Uicar And Marcellinus Comes of the same tyme with Iustinian Nestorius was condemned at Ephesus in a Synod of two hundred holie Fathers Celestine declaring to the Councell Cyrill Bishop of Alexandria his Uicar for the time And Liberatus the African author of the same age Celestine signified to Nestorius that he had giuen his Uicarship to CYRILLVS And Theophanes the Greeke-historian Celestine of Rome writt to Cyrill of Alexandria to holde his place in the Synod And Balsamon not onely a Grecian but a Scismaticke Celestine when he could not assist at Ephesus and iudge Nestorius in person thought good to permitt saint CYRILL to preside in his place at this Councell And Nicephorus Celestine Bishop of Rome refused to assist at the Councell of Ephesus for the perill of the nauigation but he writt to CYRILL to holde his place there and after that time the fame goes that Cyrill receaued the Tyara and the name of Pope of iudge of the whole world And thirdly who reuealed to Caluin that it was not in the qualitie of the Popes Legats but in his owne name that saint CYRILL presided in the Councell For did not Prosper an author of the same tyme say To the heresie of Nestorius CYRILLS industrie and Celestines authoritie principallie resisted And againe Celestine cutt of the Nestorian impietie aided CYRILL with the Apostolicke sword And the letters of the Bishops writing from Constantinople to the Councell Doe they not beare this superscription To the most holie and beloued of God Bishops and Fathers who by Gods grace are assembled in the Metropolitan Cittie of Ephesus Celestine Cyrillus Iuuenall and others to shew that the Pope though absent preceded saint CYRILL euen in the person of saint CYRILL And did not the Popes legates thanke the Fathers of the Synod because they had shewed themselues holie members to their holie head that is to saie to the Pope And saint CYCILL writing to Pope Celestine Doth he not call him his Father though himselfe were an ancienter Patriark by tenn yeare then Celestine And did not the Councell in the Bodie of it make themselues executioners of the Popes Indgements against the same Nestorius when they said Wee are come not without teares to pronounce this sadd sentence constrained by the force of the Canons and by the letters of our holy Father and fellow-Minister Celestine And then if Alexander Bishop of Alexandria had not presided at the Councell of Nicea but was there preceeded by two simple priests of the Roman Church Vito and Vincentius why should saint CYRILL one of his successors and Patriarke of Alexandria as he was and noe lesse enemie to Nestorius then Alexander was to Arrius haue presided at that of Ephesus a cittie that was in Asia and out of the Patriarkship of Alexandria as well as Nicea was And if that appertained by right to saint CYRILL for what cause did Dioscorus his Successor obtaine surteptitious letters from the Emperor vnder pretence of the refusall that Eutyches made of the Popes legates forasmuch as they had bene intertained feasted and gratified with presents by his aduersarie that is to saie by Flauianus Archbishop of Constantinople to preside at the false Councell of Ephesus And for what cause notwithstanding the said letter was hee accused for this attempt at the Councell of Chalcedon as for a newe and vnheard of enterprize He must said Lucentius Bishop of Ascoli giue vp an ãâã of his iudgement for asmuch as hauing noe right to doe the Office of a Iudge he hath vsurped it and hath presumed to hold a Synod without the authoritie of the Sea Apostolicke which hath neuer bene lawfull neither was euer done And for what cause did the Councell of Chalcedon call his presidencie Tyrannie and Uictor of Tunes author of the following age vsurped principalitie for whereas Caluin adds that at the Councell of Ephesus the other legates of the Pope sate after saint CYRILL that was because saint CYRILL had bene first deputed and before the Councell and that the others came thither but at the end thereof and besides that amongst colleagues of one same legation he that of himselfe was alreadie in greatest dignitie was to precede Of the order of the sittings of the second Councell of Ephesus CHAPT X. THE third obiection of Caluin is That in the second Councell of Ephesus Dioscorus Bishop of Alexandria presided and that although the issue of this Councell was vnlawfull neuerthelesse at the beginning when order was yet obserued the Popes deputies did not question him ãâã the first place An obiection that containes as manie falshoods as wordes For first the second Councell of Ephesus that the Greekes call the Councell of robbery was all disordered from the beginning to the ending Those things shall cease said the lawe which haue taken their originall from iniustice And indeede how could it be otherwise hauing begunn by practises by Steele and weapons for Chrysaphius Master of the imperiall pallace who was an Eutychian and Eutyches his
of Tunes time-fellowe of them both recites the same historie but after Siluerius being dead and Vigilius hauing bene for the good of peace accepted by the election of the clergie of Rome he became true Pope and then so farr was he from communicating with Anthymus that contrarywise he rather chose to suffer all kinde of disgraces then to consent to it yea he went so farr as to condemne the same Empresse who had exalted him to the Papacy as S. GREGORIE testifies in these words The Pope Uigilius constituted in the royall cittie that is to saie at Constantinople published a sentence of condémnaiion against Theodor a then ãâã and against the Acephales This then was the cause why Uigilius assisted not at the fift Councell but if he had assisted there who doubtes but he had presided since the letters that Eutychius Patriarke of Constantinople writt to him to obtaine the celebration of the Councell imported thus much Wee require that your Blessednesse presiding ouer vs vnder the Sacerdotall tranquilitie and meekenes the holie Ghospell being sett in the middle which was a forme of obligation by oath to vote according to conscience the three chapters which are in question may bee examined Well doe I knowe that the minister Iunius would correct these words presidente nobis vestrâ be atitudine and change them into these ãâã nobiscum vestrâ be atitudine But who seeth not this is a corruption and noe correction For besides that this clause vnder the Sacerdotall quiet and peace presuppose presidency and not simple residency doth not the Pope repeate the request of Eutychius in these words Your brotherhood hath required that we presiding vobis praesidentibus the three chapters might be examined And after when the Councell deputed all the Patriarkes who were there in person Eutychius Patriarke of Constantinople Apollinarius Patriarke of Alexandria Domnus Patriarke of Antioch and seauenteene of the principall Metropolitans with them to the Pope to beseeche him to assist at the Councell is it not enough to testifie that they acknowledged the Pope for the Chiefe of the Patriarkes and that if he had assisted at the Councell he had presided there And when the Emperor ãâã writes to the Bishops of the Councell of Mopsuestia that they should informe what had past about the ãâã of the name of ãâã of Mopsuestia from the recordes of his Church and adds And sendes two ãâã thereof one to vs and the other to the most holy Pope Is not this enough to testifie that if the Pope had bène at the Councell he had presided there And when the fift Councell itselfe inserts within the acts thereof the relation of the Councell of Mopsuestia to the Pope and inrolles it in thesé words They made also a relation to the most holie Pope Vigilius which ãâã these words It is verie conuenient ô most holies so called they the Pope in the plurall number to giue him the more respect since you holde the first ãâã of the priesthood that those things which concerne the state of the holy ãâã should be represented to your diuinely honored Blessednesse Is it not enough to testifie that the Pope had primacie ouer all the other Bishops and that if he had ãâã at the ãâã he had presided there And when Marcellinus Comes an author of the same age saith that within the cathedrall Church of Constantinople where the Patriarke of Constantinople should principallie keepe his ranke Pope Iohn predecessor to Agapet was sett at the right hand that is to saie at the right hand in regard of the ãâã and within the right Tribunall of the Church dexter dextro insedit Ecclesia solio And if wee belieue Nicephorus in a ãâã eminent and exalted Is not this enough to shewe that if the Pope had assisted at the councell of Constantinople he had presided there And when the Greeke historians reporte that Macedonius Patriark of Constantinople who liued forty yeares ãâã the fift generall Councell findinge himself pressed by the Emperor Anastasius to blott out of the recordes of his Church the name of the couÌcell of Chalcedon answered That he could not doe it without a generall ãâã wherein the Bishop of great Rome should ãâã Is not this enough to testifie that if the Pope Vigilius had assisted at the Councell he had presided there And when the Emperor Iustinian himself who caused the Councell to be celebrated saith Wee ordaine according to the definitions of the fower holie Councells that the most holie Pope of old Rome should be first of all the Prelates and that the ãâã Archbishop of Constantinople should be the second after the holy Sea Apostolicke of old Rome and should precede all the other Seas And elsewhere The Pope is the head of all the holie ãâã of God Is it not enough to shew that if the Pope had bene at the Councell he had presided there But the Councell ãâã the Popes aduersaries was celebrated notwithstanding the Pope was neither at it by himselfe nor by his deputies It is true forasmuch as the Fathers of the Councell had alreadie drawne a writing from the Pope whereby he had promised them to consent to the holding of a regular Councell that is to saie compleate and to assist at it Wee agree said hee that assembling a regular Councell equitie being obserued and the sacred holy Ghospells being sett in the middle we vnited with our bretheren will conferr of the three chapters But those that make this obseruation add yet fiue more to it the first that it was not held for generall but since the Pope confirmed it that while it was celebrated although all the other Patriarkes assisted at it either personally or representatiuely in anie of the acts it neuer tooke the title of Generall Uigilius saie the Fathers of the sixth generall Councell consented to ãâã and the ãâã Councell was established The second that howsoeuer Pope Vigilius refused to be there although he was in Constantinople itselfe and vnder Iustinians halberds the Councell neuer past to proceede against him The third that the great African light Primasius Bishop of Adrumeta whose writinges doe to this day illustrate the Catholicke Church being within Constantinople and being cited by the Councell to assist at it preferred the Popes authoritie before the citations of the Councell answered those that summond him from the Councell The Pope not being there present I will not goe The fourth that the strongest and last persuasion that the Emperor vsed to the councell to dispose them to the condemnation of the three chapters was to send them particular writinges of Pope Uigilius whereby he had condemned them And the fifth that till three or fower Popes after Vigilius whose intention was a long while called in question Pelagius S. GREGORIE and Sergius had confirmed this councell there were both in the West and East so many schismes and oppositions against it and so manie
Bishops and councells that supposed that it was to gaine the crowne of martirdome to dye for resisting it some belieuing Pope Vigilius neuer confirmed it and others belieuing that Pope Vigilius who was said to confirme it was not true Pope forasmuch as he had intruded into the Papacy his predecessor being yet liuing that whatsoeuer threatnings banishments and punishment the Emperor Iustinian employed vpon it hee could neuer compasse it neither hee nor his next successors but this is enough for this obiection of Caluin let vs goe on to the rest Of the order of the sittings in the sixth Councell of Carthage CHAPT XIII CAluins sixt obiection is taken from thé sixth Councell of Carthage In the sixth Councell of Carthage saith Caluin Aurelius Archbishop of the cittie presided and not the Ambassadors of the Sea of Rome Now wee might send him to dispute this matter with Hincmarus Archbishop of Rheims of almost eight hundred yeares antiquitie who said contrarywise speaking of the sixth Councell of Carthage The Councell of Carthage where the Sea Apostolicke presided by his Uicars Neuerthelesse least it should seeme to be a delaie the best will be to trie it out in the field To this obiection then wee will bring three answeres the first that there is nothing more vncertaine then the Rolles of the sittings and signatures of Councells where the copies varie and mistake at euery turne sometymes following the order of the persons sending somtymes the order of the persons sent somtymes the order of the tyme of their arriuall somtymes the errors in the writing which slipp in in the transcription of listes and Catalogues as it appeares besides an hundred other proofes by the repetition of one of the Sessions of the first Councell of Ephesus inserted into the latine copie of the Councell of Chalcedon in which Arcadius Proiectus and Phillippus the Popes legates are named not onely after all the Bishops but euen after Bessula Deacon and legate of Carthage which was the order of the tyme of their arriuall and neuerthelesse the greeke originall of the same Councell of Ephesus placeth them in all the Sessions whereat they assisted immediately after saint CYRILL first legate of the Pope and as it appeares by the thing itselfe which is presented by the testimony of Hincmarus for Hincmarns affirmes particularly that the Sea Apostolicke presided by legates at the Councell of Carthage in these words The Councell of Carthage where the Sea ãâã presided by Uicars The second that there where diuers kindes of legates some which represented the negotiating person of the Pope as ãâã Agents Nuntios Apocrisaries and Ambassadors and others which represented the iudiciary person of the Pope as Cathedraticall Vicars and legates a kinde onely necessary for generall Councells where the Bodie of the Church speakes with her head and not for particular Councells as this of Carthage was Now amongst these deputies some held the ranke of those that sent them and others not for in the Councell of Chalcedon Iustinian Bishop of Cos legat or rather Nuntio and Ambassador from the Pope to Constantinople although he bore the ãâã of the Pope legate at the Councell neuerthelesse sate not with the other legates of the Pope but after the Patriarkes and among the ãâã and at the Councell of Constantinople holden vnder Menas the Ambassadors of the Patriarkes of Antioch and Ierusalem were not sett in the ranke of their Patriarkes but in the ranke of their simple personall dignitie and after the Archbishops and Bishops And the third Answere finally is that in the sixth Councell of Carthage the legation of the Popes deputies was finished by the death of Sozimus who had sent them the yeare before and had not bene renewed by Boniface his Successor whose creation they knewe well for they procured and charged themselues to carry him the Councells letters but they had not yet receiued anie commission from him and treated onely vpon the memories that they had brought from his predecessor By meanes whereof they were noe more the Popes legates but Exlegates continuing neuertheles in office to solicite for the rights of the Roman Church that they had begun in the former Councell and for this cause bearing for honor sake in the signatures the title of the Legates of the Roman Church but not the title of legates or Vicars of Pope Boniface then sitting And indeede if they had bene then in the actuall qualitie of the Popes Vicars and Cathedraticall Vicars that is to saie representing the iudiciary person of the Pope they had bene sett one with an other and had all signed in the ranke of Bishops Now this was not soe for Faustinus Archbishop of Potentia assisted but in his simple ranke of Archbishop belowe Aurelius Archbishop of Carthage and Ualentine Archbishop of Numidia and Phillippus and Asellus were not there in the ranke of Bishops but sate and signed as simple priests after all the Bishops where as in the Councell of Ephesus which was generall the same Phillip priest as Vicar deputed to represent the iudiciarie person of the Pope was set with saint CYRILL and Arcadius likewise the Popes legates before all the other Primates Archbishop s and Bishops It it true that Faustinus Phillippus and Asellus had bene either nuntios or legates to Pope Sozimus in a Councell holden the yeare before at Carthage vnder the twelfth consulship of Honorius and the eigth of Theodosius as it appeares from the discourse and from the Epistle of the sixth Councell of Carthage but of this Councell for that which is inserted vnder the date of the same consulls in the Rapsodie of the Councells of Africa speakes not of the Popes legates there remaines to vs noe piece whereby wee may iudge whether the Popes agents presided or presided not onely it appeares that the authority of the Pope was very eminent there for it was sent to Rome and confirmed by the Pope as Prosper an author of the same age testifies in these words Under the 12 th Consulship of Honorius and the eigth of Theodosius a Councell of two hundred and fourteen Bishops hauing bene holden at Carthage the Synodicall decrees were carried to Pope Sozimus Which hauing bene approued by him the heresie of Pelagius was condemned throughout the world And againe Pope Zosimus annexed to the decrees of the African Councells the force of his sentence and for the extirpation of the wicked armed the right hand of all the Prelates with the sworde of Peter Of the order of the sittings in the Councell of Aquilea CHAPT XIV THE seauenth obiection of Caluin is That there was a generall Councell kept euen in Italie to witt adds hee the Councell of Aquilea wherein saint AMBROSE presided for the credit that he had with the Emperor Now this obiection is the crowne master-piece of all Caluins obiections for matter of impertinency For first S. AMBROSE did not preside there but Valerianus Bishop of Aquilea
Generall Councells in the East is it not a manifest proofe that the authoritie of the spirituall calling of Councells appertained to the Popes It hath bene saith Pope Pelagius the second in his Epistle to those of the East cited by saint GREGORIE reported to the Sea Apostolicke that Iohn Bishop of Constantinople hath intitled himselfe Uniuersall Bishop and by vertue of this his presumption hath called you to agenerall Councell although the authoritie of calling Generall Councells be attributed by a singular priuiledge to the Sea Apostolitk of saint PETER And for the sixth generall Councell which was holden vnder the Emperor Constantine Pogonat and in the same cittie of Constantinople that the Emperor would not call the Bishops of the Easterne part of the Empire which was seperated for the Monothelite heresie from the obedience of the Sea Apostolicke till first the Pope had called the Bishops of the westerne part to Rome and till the legates from the Pope and from the Councell of Rome were come to him doth it not presuppose that the spirituall authoritie of the Pope did flowe together with the temporall authoritie of the Emperor or rather preceded it for the celebration of Councells And that the same Councell speaking to the Emperor alleadgeth to him for the image and paralell of his Actes as well as of his name the example of the great Constantine in these wordes Constantine Augustus and Pope Siluester of Reuerend memorie called the famous Councell of Nicea Doth it not confirme it And for the second Councell of Nicea which is the seauenth generall Councell what Pope Gregory the second had answered a while before to the Emperor Leo the Iconolast who desired to cause a Councell to be holden for the busines Thou hast written that a generall Councell might be holden but it seemeth not fitt to vs. And againe Put case we had harkened to thee and the Prelates had bene gathered from all the earth and that the Senat and the Councell had bene sett where had the religious Emperor the louer of Christ bene to sitt there according to custome And that which the Fathers of the Councell alleadge amongst the nullities of the Synod of the Iconoclasts It had not for cooperator as that ãâã which now is celebrated the Pope of Rome nor his Prelates neither by his Legates nor by circular letters that is to saie addressed to all the prouinces as is the lawe of Councells doth it not insinuate that the Popes authoritie was required with that of the Emperors for the lawfull celebration of Councells Now these are all the generall Councells which haue bene celebrated from the age of the Apostles till the seperation that Photius made of the Greeke church from the latine For as for the Councell of Constantinople surnamed Trullian that the Greekes call the supplie of the sixth Couucell For asmuch as the sixth Councell which was holden vnder Constantine Pogonat hauing made noe canons some of those Bishops that had bene present reassembled themselues ten yeares after vnder Iustinian the second his Sonne and made some certaine canons which they published with the title of canons of the sixth Councell I meddle not with it because none of the Bishops of the West assisted there and consequently it was not generall It is true that Balsamon and after him Nilus Archbishop of ãâã saith that he had seene in one of the copies of the same Councell Trullian a catalogue of signatures which also is at Rome and which hath bene printed with the Greeke Texts of the Councell from whence it is collected that Basilius Bishop of Gortina Metropolitan of the Isle of Creete and legate of the Councell of Rome and a certaine Bishop of Rauenna assisted there But he forgetts like a Greeke Schismaticke as he is to tell two other things the one that the title of legate of the Councell of Rome that this Basilius bore had noe reference to what he was then for there was noe Councell holden in the west for the preparation of the Councell surnamed Trullan but to what hee had bene in the sixth Councell whereto he had signed with this title Basilius vnworthie Bishop of Gortina Metropolitan of the Isle of Creete and Legate of all the holie Synod of the Sea Apostolicke of olde Rome And the other that euen in the sixth Councell he bore this title but as a title of honor and not as actuall Legate either of the Pope or of the Councell of Rome I said neither of the Pope nor of the Councell of Rome because the Pope and the Councell of Rome at the expresse request of the Emperor sent two distinct legations a thinge neuer before heard of to the sixt Councell whereof the one to witt that of the Pope was of two Priests a Deacon and a subdeacon who sate before all the Patriarkes of the sixth Councell And the other to witt that of the Councell of Rome was of three Bishops who sate after the Patriarkes to shew that they were two distinct legations Nowe neither in the one nor other of these two legations had Basilius Bishop of Gortyna who was neither of the Bodie of the Clergie of Rome nor of the bodie of the Councell holden at Rome bene named as it appeares aswell by the Popes letters as by those of the Councell of Rome Onelie it happened that this Basilius being the Popes ordinary legate in the Isle of Creete for those things which concerned the iurisdiction of the Sea Apostolicke in his Prouince as he of Thessalonica in the prouince of Macedonia and he of Corinth in the Prouince of Achaia The legates of the Councell of Rome finding him in those partes for honors sake associated him and him of Corinth not with the legates of the Pope but with them For he subscribes with the legates of the Councell of Rome who signed after all the Patriarkes and not with the Popes Legates who signed before all the Patriarkes But this association was onely for the sixth generall Councell And that afterward in the Councell surnamed Trullian he continued to attribute to himselfe the name of legate of the Councell of Rome it was as a memoriall of the honor he had receiued in the sixth Councell following the custome of the Greekes who when they haue borne a title in anie solemne action preserue it many yeares after in memory of the honor they haue once receiued And it will nothing auaile to saie that at least he was the Popes legate in the Isle of Creete when he assisted at the Councell surnamed Trullian for there was greate difference betweene the Metropolitans honored with the Title of the Popes legates in their Prouinces and whose legation was attributed to their Seas As the Archbishop of Arles amongst the Gaules The Archbishop of Thessalonica in Macedonia The Archbishop of Corinth in Peloponesus And the Synodicall Legates deputed from the Pope or the westerne Church to the generall Councells
forasmuch as the one contributed to the vniuersalitie of the Councells the authoritie of those that sent them and the others conferred noe more but that of their owne persons or their particular Prouinces And therefore the assistance of Basilius Bishop of Gortyna at the Councell surnamed Trullian wherein he held not the place of the Pope but signed after all the other Patriarkes yea after some Metropolitans did nothing auaile to make it generall And as for the Archbishop of Rauenna he signed not from whence it is that Balsamon could not tell his name but because his predecessor had assisted by Atturney at the sixth Councell whereof the Councell Trullian pretended ro be a supplie a place to signe in was reserued for him as one absent in these words The place of the Bishop of Heraclea of him of Rauenna and of him of Corinth Therefore euen from that from whence Balsamon inferrs that the Bishop of Rauenna assisted at the Councell surnamed Trullian to witt from the Rolle of the subscriptions wee collect the contrarie that hee assisted not there at all And indeede if the Bishop of Rauenna or anie other Westerne Bishop had assisted there how could that Councell haue commtited the error it did committ besides ãâã others in approueing the Councell of Carthage holden vnder saint CYPRIAN for the rebaptisation of Heretickes For there was not a Bishop in the West soe ignorant as not to knowe that the Councell holden vnder saint CYPRIAN was an erroneous Councell whose doctrine was condemned by the Roman Church and had bene the seede and originall of the Donatists here sies For if they obiect with Balsamon and ãâã that the Councell surnamed Trullian that would be taken for a supplie of the sixth generall Councell and passe the Canons thereof for canons of the sixth Generall Councell attributes to it selfe in the forefroÌt of their decrees the title of Generall CouÌcell we answere that it was not because it was soe but because it expected to be soe by the addition of the Westerne Church and of the Pope for whom there was a blanke left to signe in aboue all the Patriarkes in these wordes A place for the most bolie Pope of Rome A thing that plainlie shewes that the Pope had noe deputies there Now soe farr was the Pope and the Westerne Church from signing to it as contrarywise they prepared themselues rather to indure Martyrdome For the Emperor hauing sent the copie of the Councell ãâã to Rome to praie the Pope to sett to his subscription the Pope rather chose to incurre all the Emperors hatred and persecution then to coÌsent to it as BEDA an author of the same age testifies in these wordes The Emperor Iustinian the second saith he hauing sent Zacharie his Constable commaunded him to confine Pope Sergius to Constantinople because he would not fauour the ãâã Councell that he had made at Constantinople and had refused to signe it But the Garrison of Rauenna and of the neighboring place preuented the impious commaunds of the Emperor and repulsed ãâã with outrages and iniuries from the Cittie of Rome And it is not to be said either that Pope Adrian praised the allegation that Tarhasius Patriarke of Constantinople had made in his synodicall Epistle of the eightith two canon of that CouÌcell against the Iconoclasts Or that the legates of the same Pope Adrian did not oppose themselues against the apologie that Tarhasius Patriarke of Constan tinople made for the canons of that Councell at the second Councell of Nicea For that Pope Adrian praised the allegation of Tarhasius it was not because of the authoritie of this Councell that Tarhasius had cited vnder the title of the sixth Councell but because of the doctrine of the canon which was sound and orthodoxall and that not onely the Popes legates did not oppose themselues against it but alsoe some Popes haue alleadged it against the Iconoclasts it was because the arguments taken from those canons were good in regard of the Greekes that had receiued them And besides that if the authoritie of the Sea Apostolicke had bene wounded in the Councell Trullian by the proceedings of the Emperor Iustinian Rhinotmete this wound had bene in some measure repaired by the same Emperor with his other crymes when at Pope Constantines arriuall in the East He prostrated himselfe saith BEDA on the Earth before him and praying him to intercede for his Sinnes renewed to him all the priuiledges of his Church But against this prescription the aduersaries to the Sea Apostolicke frame three principall obiections The first that Ruffinus speakeing of the Councell of Nicea saith that the Emperor by aduise of the Churchmen called a ãâã at Nicea and maketh noe particular mention of the Pope The second that Iulius reproached the Bishops of the Councell of Antioch That they had not called him to their Councell And the third that saint IEROM treating of a Councell holden amongst the Gaules cries What Emperor commaunded this Synod to be called To the first then of these obiections which is that Ruffinus saith That the Emperor by the aduise of the Clergie called a Councell at Nicea Wee answere that although Ruffinus because of the hate he bore to the Roman Church from whence he had bene excommunicated for his errors whould not expresse the historie but in generall termes and by these words by the aduise of the Church-men Neuerthelesse he alwaies giues it to be inferred from thence that the ecclesiasticall authoritie preceded the Emperiall conuocation and that the Emperiall conuocation was but an execution of the Ecclesiasticall aduise For whereas saint EPIPHANIVS saith That the care of Alexander Bishop of Alexandria moued Constantine to assemble the Councell this word moued excludeth not the meanes and interuention of the Pope to whom Alexander had written of it by especiall letters as Liberius testifies to the Emperor Constantius in these termes Wee haue the letters of the Bishop Alexander to Siluester of holie memorie by consequent is not incompatible with these words of the third generall Councell of Constantinople Constantine Augustus and Pope Siluester of Reuerend memorie called the famous Councell of Nicea To the second opposition which is that Iulius reproached it to the Bishops of the Synod of Antioch that they had not called him to their Councell from whence the Aduersaries of the Sea Apostolicke inferre that it did not belong to the Pope to call Councells Wee answere that the obiection is not valide and the reason of the nullitie is that this was not a generall Councell to which the conuocation of the Pope either mediate or immediate was necessary but a particular Councell of the Bishops of the Patriarkship of Antioch which the Patriarke of Antioch might call alone and at which the other Bishops who were but in small number assisted but by aggregation And therefore the Pope doth not reproach it to them that their Councell was not
of his Sea appertained the care of all things And what then doth this signifie that the Emperor Valentinian writ to the Emperor Theodosius that Flauianus Bishop of Constantinople deposed in the second Councell of Ephesus had according to the custome of Councells appealed to the Pope And what then doth this signifie that the senators of the Councell of Chalcedon saie in the restitution of Theodoret Bishop of Cyre ãâã a towne bordering vpon ãâã who had bene deposed in the same Synod of Ephesus and had appealed from it to Pope LEO Let the most religions Bishop Theodoret come in that he maie partake of the Councell for as much as the most holie Archbishop Leo hath restored him to his Bishopricke For as for the impertinent shift of those that answere that the restitution that the Pope makes of Bishops which had bene deposed by the Councells of their Prouinces was but a simple declaration that he was of opinion they ought to be restored and not a formall and iuridicall restitution And likewise that the deposition that he made of the Bishops or Priests of other Prouinces was but a declaration that his opinion was that they ought to be deposed and not a formall and iuridicall deposition what can there be imagined more vnapt and more ridiculous Is there soe young a Nouice in the lawes that knowes not how differing these things are to be of opinion that a man ought to be absolued and to absolue or to be of opinion that a man ought to be condemned and to condemne him And that if all the Parliaments of the world had pronounced that it was their opinion that a criminall person ought to be condemned he were not condemned thereby vnlesse they pronounced planelie wee haue condemned and doe condemne him for as much as the one is an act of science and the other is an acte of authoritie and that the least doctors can doe the one and onely Iudges the other But why said I soe younge a Nouice in the lawes Is there a man soe destitute of common sence as can not discerne that when the Pope restores anie one who had bene deposed by the Councell of his prouince if the Popes restitution were but a simple aduice that he ought to be restored he that had bene deposed had not more right to returne into his Bishopricke after the restitution then before And that his diocesans were noe more obliged in conscience to receiue him then they were before Moreouer if the Popes restitution were but simplie an aduise that he that was deposed ought to be restored what end would there be of Ecclesiasticall contentions for the Bishops that had deposed him being of opinion that he ought to bee deposed and the Pope being of opinion that he ought to bee restored if the Popes restitution were but a simple aduise that he ought to be restored to whose aduise should the restored person be obliged to yeild If to that which seemed most iust to him then it was he himselfe that was the iudge of his deposition or restitution if to that of the Pope then it were noe more an act of aduise and Councell but an act of iurisdiction and authoritie and not a simple act of iurisdiction and authoritie by which the Pope restored him for his part and as much as was in him but an act of iurisdiction and operatiue authoritie vpon the precedent sentence and abrogating the first iudgement O strange glosse to saie that when Pope Julius restored saint ATHANASIVS Patriarke of Alexandria Paule Bishop of Constantinople Marcellus Primate of Ancyra in Galatia Asclepas Bishop of Palestina or that when Pope LEO restored Theodoret Bishop of Cyre then liuing and Flauianus Patriarke of Constantinople after his death he did noe other thing then to declare that his opinion was that they ought to be restored Or to saie that when Pope Felix opposed Acacius ãâã of Constantinople or that when Pope Agapet deposed ãâã Patriarke of Constantinople he did ãâã other thing then to declare that his opinion was that he ought to be deposed And wherefore then to recapitulate what hath soe often bene alleadged when saint CYPRIAN solicites Pope ãâã to depose Marcian Bishop of Arles did he write to him Let there he letters from thee directed into the prouince and to the people ãâã at Arles by which Marcian being interdicted an other may be substituted in his steede And wherefore then when Theodoret speakes of the cause of saint ATHANASIVS Patriarke of Alexandria doth hee saie Iulius according to the Ecclesiasticall lawe commaunded the Eusebians to appeare at Rome and gaue a daie to the diuine Athanasius to appeare in iudgement And wherefore then when Sozomene speaketh of the restitution of the same saint ATHANASIVS Patriarke of Alexandria of Paule Bishop of Constantinople of Marcellus Primate of Ancyra in Galatia of Asclepas Bishop of Gaza in Palestina and of Lucius Bishop of Andrinople in Thrace doth he write Iulius Bishop of Rome restored each of them to his Church because to him for the dignitie of his Sea the care of all things appertained And for what doth he add that he commaunded those that had deposed them to appeare at a sett daie at Rome to yeild an accompt of their iudgement and threatned them not to let them scape vnpunished if they would not leaue to inouate And againe that in the pursuite of this restitution Athanasius Patriarke of Alexandria and Paul Bishop of Constantinople receuored their Seas And besides that the Courcell of Sardica answered that they could not abstaine from the Communion of ATHANASIVS Patriarke of Alexandria and Paul Bishop of Constantinople because Iulius Bishop of Rome hauing examined their cause had not condemned them For as for the rebellious and ontragious letters that the Bishops of the East that is to saie the Bishops of the Patriarkship of Antioch and their complices who were Arrians writ against this restitution it hath bene alreadie aboue spoken of and shall againe be treated of heereafter It sufficeth that the complaint which they made that the Pope had iniured their Councell and abrogated their sentence sheweth that the Popes action had not bene a simple aduise but a formall iudgement And wherefore then when the great Councell of Sardica for soe saint ATHANASIVS calleth it holden for the defence of the same saint ATHANASIVS and of the other Bishops that the Pope had restored would conuert the discipline of appeales into a written lawe did they ordaine that when a Bishop should be deposed by the Councell of his Nation and should appeale from it to the Pope they should not establishe a Successor in the place of the Bishop deposed till the Pope had iudged of the appeale If a Bishop saith the Canon hath bene deposed by the iudgement of the Bishops of the neighbour prouinces and pretends that he ãâã to be heard againe let ãâã other be suhstituted in his Sea till the Bishop of
done well in cutting of from the bodie of vnitie soe manie and soe great Churches of God And in truth how could S. IRENEVS haue reprehended the Pope for wante of power he that cries To the Roman Church because of a more powerfull principalitie that is to saie as aboue appeareth because of a principalitie more powerfull then the temporall or as we haue expounded otherwhere because of a more powerfull Originall it is necessarie that euerie Church should agree And therefore alsoe S. IRENEVS alleadgeth not to Pope Victor the example of him and of the other Bishops of the Gaules assembled in a councell holden expresselie for this effect who had not excommunicated the Asians nor the example of Narcissus Bishop of Ierusalem and of the Bishops of Palestina assembled in an other Councell holden expressely for the same effect who had not excommunicated them nor the example of Palmas and of the other Bishops of Pontus assembled in the same manner and for the same cause in the Region of Pontus who had not excommunicoted them but onely alleadges to him the example of the Popes his predecessors The Prelates saith hee who haue presided before Soter in the Church where thou presidest Anisius Pius Hyginus Telesphorus and Sixtus haue not obserued this custome c. and neuerthelesse none of those that obserued it haue bene excommunicated And yet ô admirable prouidence of God the successe of the after ages shewed that euen in the vse of his power the Popes proceeding was iust For after the death of Victor the Councells of Nicea of Constantinople and of Ephesus excommunicated againe those that held the same custome with the prouinces that the Pope had excommunicated and placed them in the Catalogue of heretickes vnder the titles of heretickes Quarto decumans But to this instance Caluins Sect doe annexe two new obseruations the first that the Pope hauing threatned the Bishops of Asia to excoÌmunicate them Polycrates the Bishop of Ephesus and Metropolitan of Asia despised the Popes threates as it appeares by the answere of the same Polycrates to Pope Uictor which is inserted in the writings of Eusehius and of S. IEROM which S IEROM seemeth to approue when he saith hee reportes it to shewe the spirit and authoritie of the man And the second that when the Pope pronounced anciently his excommunications he did noe other thing but separate himselfe from the communion of those that he excommunicated and did not thereby separate them from the vniuersall communion of the Church To the first then we saie that soe farr is this epistle of Polycrates from abating and diminishing the Popes authority that contrary wise it greatly magnifies and exaltes it For although Polycrates blinded with the loue of the custome of his nation which he beleeued to be grounded vpon the word of God who had assigned the of the Month of March for the obseruation of the Pasche and vpon the example of saint IOHNS tradition maintaines it obstinately Neuertheles this that he answeres speaking in his owne name and in the name of the Councell of the Bishops of Asia to whom he presided I feare not those that threaten vs for my elders haue said it is better to obaie God then man Doth it not shew that had it not bene that he belieued the Popes threate was against the expresse word of God there had bene cause to feare it and he had bene obliged to obaie him for who knowes not that this answere it is better to obaie God then men is not to be made but to those whom we were obliged to obaie if their commaundements were not contrarie to the commaundments of God And that he adds that hee had called the Bishops of Asia to a Nationall Councell being summoned to it by the Pope doth it not insinuate that the other Councells where of Eusebius speakes that were holden about this matter through all the prouinces of the Earth and particularly that of Palestina which if you beleiue the act that Beda said came to his handes Theophilus Archbishop of Cesarea had called by the auctoritie of Victor were holden at the instance of the Pope and consequently that the Pope was the first mouer of the vniuersall Church And that the Councells of Nicea of Constantinople of Ephesus embraced the censure of Victor and excommunicated those that obserued the custome of Polycrates doth it not proue that it was not the Pope but Polycrates that was deceiued in beleiuing that the Popes commaundement was against Gods commaundement And that saint IEROM himselfe celebrates the Paschall homelyes of Theophilus Patriarke of Alexandria which followed the order of Nicea concerning the Pasche Doth it not iustifie that when saint IEROM saith that he reportes the Epistle of Policrates to shew the spirit and authoritie of the man he intends by authoritie not authoritie of right but of fact that is to saie the credit that Polycrates had amongst the Asians and other Quartodecumans To the second obseruation which is that when the Pope excommucated other Bishops Archbishops or Patriarkes he seperated himselfe from their communion but did not thereby seperate them from the communion of the Church Wee will doe noe other thing then examine examples that they alleadged for proofe of their hypothesis And yet we will not examine them all for we haue alreadie confuted the most part of them in the Chapters preceding as that of saint HILARY against Liberius and others the like We will onely treat of those that they propound to vs a newe which consist in three principall heades The first is that the fifth CouÌcell of Carthage ordained that euery Bishop that should fall into the cases mentioned by the tenth and thirteenth canons of the same Councell should content himselfe with the communion of his one Church alone from whence they conclude that euerie excommunication did not import priuation of Sacraments The second that Nicephorus writes that Pope Vigilius hauing excommunicated Menas Patriarke of Constantinople for fower moneths Menas yeilded him the same measure And the third that Sigesbert speaking of the proceeding of Pope Innocent in the cause of saint CHRISOSTOME saith that Pope Innocent and the Bishops of the West suspended themselues from the communion of those of the East To the first then of these examples which is That the fifth Councell of Carthage odaines thà t euerie Bishop that should fall into the case of Canons aboue mentioned should content himself with the communion of his owne Church onelie Wee answere two things The one that the censure whereof the Canons of this Councell speake was not an excommunication but a restitution of communion by which those that did fall into the cases whereof there is question might administer the ãâã in their owne Diocesses and to their owne People but not out of their diocesses And the other that the Pope himselfe often vsed ãâã restriction as it appeares by the Epistle of
after the death of Siluerius after which the Clergie of Rome for the benefit of peace had accepted him had bene persecuted and vnworthily vsed at Constantinople by the Emperor with whom he was constrained to spend his life in exile because the Gothes vnder the conduct of their new King Totilas had againe taken Rome whereto would this turne but to the glorie of Uigilius and to the shame of the Emperor For saith not Nicephorus that the Emperor repented it and doe not the same actes shew that he sent the principall ministers of his Empire to Uigilius to praie him to returne And that Uigilius during this persecution remained so constant that he would neuer giue anie waie to the Emperors violences but deposed in Constantinople it self Theodorus Archbishop of Cesarea the principall Gouernor of the Emperor and excommunicated Menas Patriarke of Constantinople and all that adhered to him Did it not throughlie shew the confidence he had in the dignitie of his Sea Wee decree thee saith hee ô Theodorus late Bishop of Cesarea by the publication of this sentence depriued aswell of Sacerdot all honor and of the Catholicke communion as of all Episcopall power and function and wee ordaine that thou shalt heereafter applie thy-self to nothing but to the teares of pennance by which hauing obtained remission of thy crimes thou maist recouer if thou deseruest it the place of ãâã and of communion with me or after my death with my successor And thou Menas Bishop of the cittie of Constantinople which art inwrapt with the same crime with all the Bishops Metropolitans and Micropolitans c wee suspend you from the sacred communion till eache of you acknowledging the error os his preuarication haue blotted out before vs his proper fault with a competent satisfaction And this that he cries out numbring Theodorus his crimes Thou art come in despising the authoritie of the Sea Apostolicke which had pronounced interdiction by vs into the Church where there hung the Emperors Edicte ãâã there hast celebrated the solemnity of Masse And this that he adds Wee haue charged the Ministers of the most clement Emperor to signifie to him from vs that he ought not to communicate with those which haue by vs bene excommunicated least he thereby runne which God forbid into a grieuous sinne Doth it not shew that the Pope in excommunicating the other Bishops Archbishops and Patriarks did not onelie pretend to separate himselfe from their communion but to separate them and cutt them of from the communion of the Church And as for the persecution of the Empresse which happened long before and for an other cause to witt forasmuch as Vigilius after his predecessor Siluerius was dead and that he was become true Pope would not keepe the promise that he had made and secretlie accomplisht to her during his Antipapacy to admitt Anthymus and the other Eutychians into his communion What greater glorie could Uigilius receiue then that whereof S. GREGORIE speakes when he writes Pope Uigilius constituted in the Royall cittie that is to saie at Constantinople publisht a sentence of condemnation against Theodora then Empresse and against the Acephales And what more visible punishment could the Empresse receiue then that whereof Victor Tunonensis writes The ninth yeare after the Consulship of Basilius the Empresse Theodora enemie to the Councell of Chalcedon strucken her whole bodie ouer with the wound of an vniuersall canker that is to saie with leprosie prodigiouslie ended her life For whereas the same Uictor who was a Schismaticke and tooke part with Rusticus the Deacon and other Roman Clerkes reuolted against Pope Vigilius and against the fifth generall Councell writeth that the Bishops of Africa that is to saie the schismaticall Bishops of Africa for the Catholicke Bishops of Africa tooke the other part excommunicated Vigilius there hath alreadie bene two things spoken of concerning this the one that they held not Uigilius for true Pope but for an intrusiue Pope because he had vsurped the Papacie his predecessor Siluerius being yet aliue as it appeares by this that the same Victor placeth a little after amongst the nullities of the fifth generall Councell the vice of the creation of Uigilius who had said he ãâã ordained Bishop of Rome Siluerius being still aliue And the other that Pope Siluerius had alreadie long before excommunicated Uigilius for hauing intruded himselfe into the Papacie in these termes Doe thou then receiue and those that consent whith thee the sentence of paine of condemnation and know that being condemned by vs by the iudgement of the holy Ghost and by the Apostolicke authoritie that the name and office of Sacerdotall ministery is taken from thee And againe ãâã Siluerius Pope of the cittie of Rome giuing consent to all the statutes I haue signed this decree of Anathema against the vsurper Uigilius By meanes whereof the act of the Schismaticall Bishops of Asrica against Uigilius was rather a renouation and an application of the excommunication of Pope Silutrius then a primitiue and originall excommunication To the third example which is that Sigebert writes that Pope Innocent the first and the Bishops of the West suspended themselues from the communion of those of the East for the quarrell of Saint CHRYSOSTOME from whence the Protestants inferr that when the Pope excommunicated the other Bishops Archbishops or Patriarks he separated himselfe from their communion and did not separate them from the communion of the Church Wee haue three answeres the first that it is a ridiculous thing to alleadge for the testimonie of the historie of Pope Innocent and of S. CHRYSOSTOME Sigebert who writt seauen hundred yeares after them and who was an open enemie to the Sea Apostolicke and partaker with the Emperor Henry the fourth against Pope Gregorie the seauenth and his successors The second that Pope Innocent the first did not suspend himselfe from the communion of those of the East but suspended those of the East from the Ecclesiasticall communion the which although they still continued in fact with some of their Diocesans according to the custome of Schismatickes this hindred them not from being suspended by right and that they should send to demaund restitution of the Pope as it appeares by these words of the same Innocent in the epistle to Boniface Knowe saith he speaking of those of Antioch that we haue receiued them into our bowells least the members which had a long while required health should be excluded from the vnitie of the bodie And in the epistle to Maximianus What we haue done in the behalf of those of Antioch we will doe it in the behalfe of others if they will accomplish the same treaties and conditions and send as those did to beseeche by a solemne legation that the communion might be restored to them And in the Epistle to Alexander Patriarke of Antioch I haue diligentlie inquired whether the cause of the blessed
of Constantinople who intreateth Domnus Patriarke of Antioch that he would beare with the infirmities of Athanasius Bishop of Perhes his fellowe Minister and to graunt him for his iudges other Bishops then his Metropolitan who was suspected by him It appeares thirdly by the sentence of the Bishops of the Councell of Ephesus who called Pope Celestin their most holy Father and fellowe Minister and nenerthelesse made themselues the executioners of his Decrees Constrained Necessarilie said they by the force of the Canons and by the letters of our most holie father and fellow-minister Celestin wee are come not without teares to pronounce this heauie sentence against Nestorius And finallie it appeares by the writings of Optatus Bishop of Mileuis in Africa who calls the Pope Siricius companion of Societie with the Catholicke Bishops and neuertheles acknowledgeth him in the same place for the heire of saint PETERS Chaire and for center and principle of Ecclesiasticall vnitie To the second head which is that saint CYPRIAN complaines that Basilides a Bishops of Spaine hauing bene deposed by the Councell of the Prouince for hauing yeilded vnder the persecution and an other hauing bene ordained in his place Pope Steuen had restored him Wee answere that this complaint insteede of wounding the Popes authoritie wholie confirmes it For saint CYPRIAN complaines not of the enterprize made by the Pope but of the surprize made vpon the Pope by Basilides who had misinformed him concerning that affaire Behold his ãâã That Basilides said hee after the discouerie of his crimes and the ignominie of his conscience made naked by his owne confession trauailing to Rome hath deceiued our brother Steuen remote by a farr distance of place and ignorant of the historie in fact and the truth of the matter which hath bene concealed from him to procure that he might be vniustly restored to his Bishopricke from which he had bene iustlie deposed cannot annull an ordination lawfully made c. Neither is he so worthie of blame who hath by negligence suffred himselfe to be misinformed as he is worthie of execration that hath fraudulently imposed it vpon him Now who sees not that this manner of speeche is not to reproue the interprize made by the Pope but the surprize made vpon the Pope And indeede how could saint CYPRIAN reproue the enterprize made by the Pope he that writes to him ãâã there be letters directed from thee into the prouince and to the people that inhabite Arles whereby Marcian being deposed an other may be substituted in his place To the third head that is that saint CYPRIAN writes Since it hath ãâã or dained to vs all or by vs all and that it is iust and equitable that euerie cause should be heard where the crime hath bene committed and that to euerie pastor there should be assigned a part of the flocke which he may rule and gouerne besore he come to yield an accompt of his actions to God those that we rule must not runne heere and there and cause the well vnited concord of the Bishops to knocke one against an other by a fraudulent and deceiptfull rashnes but pleade their cause where there may be accusers and wittnesses of their crimes Wee answere that he speakes heere of minor and particular causes whereof it was afterward ordained in the Councell of Carthage That particular causes should be determined within their prouinces that is to saie causes os manners and which concerned nothing but the liues of Clerkes and of inferior Clerkes onely that is to saie of Priests deacons subdeacons and other ecclesiasticall persons constituted to the lesser orders as it appeares both by these wordes Those whom we rule and by the qualitie of Fortunatus person of whom the question was who was a priest of the Church of Carthage who had bene excommunicated for his crimes by saint CYPRIAN and had made a Schisme against him at Carthage And not of Maior causes as those of faith or of the Sacraments or of the generall customes of the Church or of the depositions of the persons of Bishops the definition of which causes might be reserued for the iudgements beyond the Seas For that there was euer this difference in Africa betweene the inferior Clerkes that is to saie Priests deacons subdeacons and other ecclesiasticall persons constituted to the lesser orders and the superior Clerkes that is saie Bishops that the causes of the inferior Clerkes of Africa ought to be determined in Africa and not passe beyond the Seas but that the causes of the superior Clerkes that is to saie of Bishops might be transferred to the iudgement beyond the Seas wee learne it from saint AVGVSTINE who cries out that Cecilianus one of saint CYPRIANS Successors in the Archbishoprike of Carthage and within fortie yeares of S. CYPRIANS tyme who had bene condemned in Africa by a Councell of seuentie Bishops might reserue his cause beyond the Seas for as much as he was of the order of Bishops and not of that of Priests deacons and other inferior Clerkes There was noe question then saith saint AVGVSTINE of Priests or Deacons or other Clerkes of the inferior order but of the Colleagues that is to saie of Bishops who might reserue their cause intire to the iudgement of the other Colleagues and principallie of the Churches Apostolicke For whereas saint AVGVSTINE vseth the word Churches Apostolicke in the plurall number wee answere that in the Chapter following and shew that it is not to exclude the eminencie of the Roman Church ouer the rest ãâã of contrarywise he said but three lynes before In the Roman Church hath alwaies flourisht the principalitie Apostolicke But to preuent the malice of the Donatists who refused the iudgement that Pope Melchiades had giuen of the cause of Cecilianus for as much as they said that Melchiades had sacrificed to Idolls and consequenrlie could not iudge of the cause of Cecilianus who was accused of a crime of the like nature or equiualent to it It sufficeth at this tyme to inferr from the wordes of saint AVGVSTINE that there was this difference betweene the superior and inferior Clerkes of Africa that the causes of the superior Clerkes might be iudged beyond the Seas and not those of the inferior Clerkes And therefore where saint CYPRIAN saith that euery cause should be iudged where the crime had bene committed he spake of the causes of inferior Clerkes that is to saie of Priests Deacons subdeacons and other Ecclesiasticall persons constituted to the lesser order and not of the causes of superior Clerkes that is to saie of Bishops To the fowrth head which is that saint CYPRIAN complaines That the authoritie of the Bishops of Africa seemed lesse to some lost and desperate persons who had alreadie the yeare before bene iudged by them Wee answere two things the one that the word lesser hath noe reference heere to the Roman Church and is not a Comparatiue of relatiue signification but
and not of the causes of the church And secondly from the argument that hath bene sett before one of the places of the Greeke translation of this canon neere thousand yeares agoe which saith in their proper causes to distinguish them from Ecclesiasticall causes for the first councell of Constantinople that the Greekes held for the Palladium of their discipline And the third Councell of Carthage oppose proper causes to ecclesiasticall causes not that proper and temporall causes of ecclesiasticall persons were not sometimes called ecclesiasticall causes but because when the word ecclesiasticall cause was speciallie taken it was restrained onely to ecclesiasticall matter And thirdlie wee collect it from the practise and proceedinges of the same Mileuitan Councell For after that Pelagius whose cause was a maior cause and belonging to the Faith had bene iudged in the East by the Bishops of Palestina and that Celestius his disciple had bene heard and excommunicated for the same cause in Africa by the African Bishops the Mileuitan Councell remitted the finall iudgement thereof to the Pope in these words Because God by the guift of his principall grace hath placed thee in the Sea Apostolicke and in our daies giuen thee for such as wee ought rather to feare that it should be imputed to vs for a crime of negligence if wee chould conceale from they Reuerence those things that ought to be represented for the good of the Church then to apprehend that they would seeme troublesome or contemptible to thee Wee beseech the to applie thy pastorall diligence to the great perills of the sick members of Christ And a little after Iusinuating these things into they Apostolicall breast wee neede not extend our-selues in language and to amplifie so great an impietie with words being assured that they will so moue thee as thou canst not delaie their correction least they should spread farther And againe But we hope with the helpe of the mercie of our Lord Iesus Christ who vouchsafe to gouerne thee consulting with him and to heare thee praying to him that those that holde these doctrins so peruerse and pernicious will more easilie yeeld to the authoritie of thy Holynesse drawne out of the authoritie of the holie scriptures in such sort as we may haue more cause to reioyce in their correction then to afflict ourselues in their ruine A meruailous encounter of the effects of Gods prouidence which willed that the same Mileuitan Councell which the Lutherans and Caluinists abuse to ouerthrowe the Popes authoritie not onely puts it in practise but also witnesseth that it is of diuine right and grounded vpon the authoritie of the holie scriptures For to thinke to shift off this Epithete drawne from the authoritie of the holie scriptures by saying that the Councell speakes not of the cathedrall and Iudiciary authoritie of the Pope but of the authoritie of the passages of the scripture alleadged by the Pope against Pelagius it is a childish and ridiculous shifte aswell because the Pope had not then alleadged anie thing against the Pelagians as because it had bene a singular impertinencie that the Pelagians would rather yeild to the Popes authoritie then to that of the other Bishops doctors and Catholicke Councells and amongst the rest of saint IEROM saint AVGVSTINE and of the two Councells of Africa whereof bookes are full saith saint PROSPER Of Channells that wee bring From the eternall Spring Because the Popes authoritie was drawne from the authoritie of the holy scriptures If by the Popes authoritie they had intended the passages alleadged by the Pope and not the authoritie of the Popes chaire Iointly that the fiue Bishops of Africa who accompained the relation of the Mileuitan Councell with their letters did sufficientlie explicateÌ of what authoritie the Mileuitan Councell intended to speake when they writt to the Pope If the abettors of ãâã knew that the booke which they belieue or knowe to be his hath bene anathematized and condemned by the authoritie of the Catholicke Bishops and principallie by that of thy Holynesse which wee doubt not but it is of greater weight in his behalfe wee will imagine that they will noe more dare to disturbe the soules of the faithfull which are simplie Christian. And fowerthlie wee collect it from the words of the same saint INNOCENT the first to whom the Mileuitan Councell addresse their relation who not onely in the Epistle alreadie cited to Victricius saith That the ancient custome bare that the maior causes after the Episcopall iudgement were referred to the Sea Apostolicke but also in the verie answere of the Mileuitan Councell witnesseth that causes of Faith were wont to haue recourse to the Sea Apostolicke As manie tymes said hee as there is question of anie matter of faith I make accounte that all my bretheren and fellowe Bishops cannot chuse but referr it to Peter that is to saie to the ãâã of their name and dignitie Which wordes are not to be argued of ambition since saint AVSTIN commendes them as iust and lawfull in these wordes Vpon this the relations of the two Councells of Carthage and Mileuis were sent to the Sea Apostolicke And a little after Wee writt also to Pope Innocent of blessed memorie familiar letters wherein wee treated the affaire somewhat more amplie To all these things he answered vs in the same manner as was conuenient and fitt that the Prelate of the Sea Apostolicke should answere vs. And finallie we drawe it from the issue of Celestius his cause which was that Pope Innocent hauing bene preuented by death before he could bring it to effect Pope Zosimus his Successor and that euen at the instance of the Councells of Africa who sent to Rome the verball processe of that that past betweene them and Celestius finisht it And after he had heard Celestius in person and deliberated whether hee would absolue him or not absolue him from the excommunication that the Bishops of Africa had pronounced against him he finallie confirmed the sentence of the Councells of Africa and declared him condemned and excommunicated through the whole earth Celestius saith saint AVGVSTINE speaking of the answeres that Celestius made to the Interrogatories of Pope Zosimus would not condemne the things that had bene obiected to him by the Deacon Paulinus in the Councell of Carthage but he durst not resist the letters of the blessed Pope Innocent but promist to comdemne all what that Sea would comdemne And therefore hauing bene gentlie fomented like a franticke person to the end to giue him a little rest it was not yet thought fitt that he ought to be absolued from the bondes of excommunication but for the space of two moneths attending an answere from Africa leasure for repentance was giuen him vnder a certaine medecinall sweetenes of iudgement And againe Of this newe heresie Pelagius and Celestius hauing bene the authors or the most famous and violent promoters they themselues by the meanes
this be obserued of Bishops that those which haue bene depriued of the communion in their prouince might not appeare to be restored rashlie and duely to the communion by your Holynesse And the Greeke text contrarywise makes two diuers clauses of this traine whereof he referrs the first to the Pope and not to the Councell of Nicea and distinguisheth them by the word then which is an aduerbe of illation in these termes For if it appeare that he hath had care to extend his caution euen to clerkes and laymen by how much stronger reason would he haue is to be obserued in regard of Bishops Let not those then that haue bene suspended from the communion in their owne prouince appeare to be hastilie and otherwise then is fitt restored to the coÌmunion by your Holynesse Now that the reading of the Greeke edition be the true one it appeares by the branch following which is Likewise also the impudent flightes of priests and inferior clerkes let your Holynesse as a thing worthie of you reiect them Which supposeth a precedent prayer to the Pope particularly made for the Bishops The fourth patterne shall be taken from the middle of the same petition where the Greeke text contayning the grace of the holy Ghost shall not want to euery prouision the latine exemplifiers of the Greeke word which fignifies there prouision some of them haue made prouidence and other some prouince For that there it must be read prouision and not prouince it appeares by the clause that followes which saith And principally since it is permitted to euery one if he finde himselfe agreeued at the seÌteÌce of the iudges to appeale to the Synod of his prouince The fifth patterne shal be taken froÌ the end of the same Epistle where the Greeke text saith For as for the wretched Apiarius hauing already bene for his infamous crimes cast out of the Church of Christ by our brother Faustinus we are no more in care for as much as by the meanes of the approbation and direction of your Holynesse for the preseruation of brotherly Charitie Africa will suffer him no longer which is the true sence of the Bpistle where the Fathers intend to expresse that the Pope will noe longer permitt that Apiarius to whom by the first iudgement of Faustinus his ãâã of the African Bishops reuiewing the cause with him it had bene granted to remaine in Africa and so exercise there in anie place he could or would the office of priesthood prouided it were not at Sicca hauing bene by the second iudgement condemned and excommunicated yea by the very month of Faustinus his Holinesse legate should remaine in Africa and exercise anie priesthood there which sence also the protestants haue followed as well in the Greeke as in the latine of the last impression of the Councells of Africa which they haue made in Germany And the latine edition contrarywise saith transferring the speech to ãâã For as for our Brother Faustinus Apiarius hauing bene already cast out of the Church for his enormious crimes we are assured sauing the probity and ãâã of your Holynesse that brotherly Charitie will not permitt that he be ãâã longer borne with in Africa Now this translation is both against the Greeke text which referrs the speeche to Apiarius and not to Faustinus and against the expresse intention of the Councell which might well coÌueniently desire the Pope not to permitt anie longer that Apiarius should remaine in Africa but not desire him no more to keepe a Legat in Africa principally according to the opinion of those that will haue it that the Councell of Carthage where Genetlins presided was celebrated vnder the Empire of Valentinian the third who begun to be Emperor but the yeare after the Consulship of Uictor and Castinus vnder the which according to them this letter was written and that Faustinus the Popes Legate assisted at it And against the testimonie of Leo the first who was created Pope eight yeares after the death of Celestine who makes mention of a Bishop called Potentius who was his Legat in Africa For as for the clause wee are no more in care of it which wants in the Greeke printed copies it is in the ancient greeke copies commented by Zonara and by Balsamon And as for the word probity which is read in the latine text it may be it is a deprauation of the Greeke word which signifies ãâã which also the Germans haue retained in the new edition as well Greeke as latine of their Conncells But it is alreadie a longe while since this digression began to exceede the proportion of the other partes of my worke And therefore the feare to abuse the Readers patience obligeth me to conclude and to pray them to excuse me if I haue suffered myselfe to be carried beyond what was my purpose at the beginning of the chapter The importance of the matter shall recompence the defect of the proportion which perchance in these kindes of searches will not be displeasing to spiritts curious of antiquities Of the Question of Appeales treated of in the sixth Councell of Carthage CHAPT X. THE fifth instance of Caluin against the Popes authoritie is taken from the dispute that happened about the matter of Appeales in sixth Councell of Carthage and consists in this that Apiarius priest of the cittie of Sicca in Africa hauing appealed to the Pope from a sentence that the Bishops of Africa had giuen against him And the Bishops of Africa hauing complained of this Appeale the Pope sent them the canons of the appeales made in the Councell of Sardica and directed them to them vnder the title of the canons of the Councell of Nicea for as much as the Councell of Sardica was an appendix of the Councell of Nicea By meanes whereof the African's not finding these Canons in the Copies of the councell of Nicea that they had with them deputed some into the East to see if they could finde them in the copies of the Easterne Churches and not hauing found them there and besides finding themselues much aggreeued as the frequent appeales which those that had badd causes cast in from their Iudgments besought the Pope that he would not more so easily receiue Appeales from the church-men of their prouinces Now this instance hath bene after manie ages the principall engine of the aduersaries against the Popes authoritie as it appeares both by the vse that the Schismatickes of the mock-Councell of ãâã made of it to the end to oppresse the innocence of Arnulphus Bishop of Orleans which the Pope maintained And by the calumnies where with Zonar as and Balsamon Greeke Schismatickes vniustly charge the memorie of Pope Zosimus for hauing alleadged the canons of the Councell of Sardica vnder the title of the canons of the CouÌcell of Nicea And finally by the proceedings of the protestants who in this slander haue followed and surpassed them For not only
the first Protestants haue caused to bee published and republished manie tymes this sixth Councell of Carthage as a Storehowse reputed by them very powerfull to resist the authoritie of the Sea Apostolicke but also haue vomited disgorged with so much impudence the venome of their inuectiues against the Popes vnder the which this matter hath bene treated of as the heauens abhorre it calling Pope Boniface whom S AVGVS calls Reuerend Pope Boniface to whoÌ he dedicated one of his principall Bookes and whom Prosper qualifies Pope of holy memory insteed of Boniface Maleface And Pope Celestine whom the Generall Councell of Ephesus calls new S. Peter in the steede of Celestine Infernall And yet since these two last yeares their Successors dissembling the learned answers of the Illustrious Cardinalls Bellarmine and Barronius haue caused the same Councell to be twice new printed once in France an other time in Germanie as an insoluble piece against the Popes authotity And therefore since the affairedeserues to be treated with much diligence and read with much attention it belongs to me to contribute the one and to the readers to the lend the other To this instance then before I vndertake to search this history to the bottomb I will bring eight obseruations in forme of preseruatiues and antidotes The first obseruation shall be that whatsoeuer the aime and successe of this Councell were nothing could be inferred from it to trouble shake the Popes authoritie in regard of Appeales For in the CouÌcell of Chalcedon which was holden by six hundred thirtie six Bishops thirtie yeares after the sixth Councell of Carthage which was more famous authenticall then the sixth CouÌcell of Carthage as being a generall CouÌcell one of the first four Generall CouÌcells whereas the sixth CouÌcell of Carthage wat but a Nationall CouÌcell the Appeales of causes which coÌcerned either faith or the persons of Bishops coÌtinued to goe to the Pope according to the forme that had bene ordayned by the rule of the CouÌcell of Sardica The Epistle of the Emperor ValentiniaÌ the third annexed to the head of all the copies of the CouÌcell of Chalcedon as well Greeke as latine is a testimonie of this which saith Wee onght to preserue ãâã in our daies the dignitie of particular reuereÌce to the blessed Apoctle Péter ãâã that the holie Bishop of Rome to whoÌ antiquitie hath graÌted the priesthood ãâã all may haue place to iudge of faith and of Bishops c. For for this cause ãâã to the custome of the Councells Flauianus Bishop of Constantinople hath ãâã to him in the coÌtrouersie which is mooued concerning faith The law of the Emperor Marcian annexed to the end of the Acts of the same Councell is a testimonie of this which cryes out The Synod of Chalcedon by the authority of the blessed Bishop of the cittie eternall in glorie Rome examining matters of faith exactly and establishing the foundations of Religion giues to Flauianus the reward of his past life and the palme of a glorious death A testimonie of this is the petition of appeale sent to the Pope by Theodoret Bishop of ãâã a cittie confining vpon Persia and subiect to the Patriark of Antioch which saith I attend sentence of your Apostolicke Throne and beseeche your Holynesse to succour me appealing to your right and iust iudgement A testimonie of this is the ordinance of the directors of the policie of the Councell which was Let the most reuerend Bishop Theodoret come in that he may partake of the Councell because the most holy Archbishop Leo hath restored his Bishopricke to him and that the most sacred and religious Emperor hath ordained that he be present at the Councell And finallie the relation of the same Councell is a testimonie of this which writes to the Pope approuing the iudgement of appeale that he had giuen in the cause of Eutyches Abbot of Constantinople and condemning Dioscorus and the false Councell of Ephesus for presuming to meddle with it He hath restored to Eutyches the dignitie whereof he was depriued by your Holinesse c And after all this He hath ãâã his felony euen against him to whom the keeping of the vine had bene committed by our Sauiour that is to saie against your Apostolicke Holynesse The second obseruation shall be that the controuersie of appeales which was handled in the sixth Councell of Carthage was not of appeales in maior and Ecclesiasticall causes that is to saie in causes of Faith or of the Sacraments or of discipline or of the customes and ceremonies of the Church but of appeales in minor and personall causes that is to saie in the secular and temporall causes of persons constituted in orders as causes of adultery drunkenes battery theft debt and others causes as well morall as pecuniary and as well ciuill as criminall of Ecclesiasticall persons which the decrees of Councells and the lawes of Emperors submitted to the Tribunall of the Church This appeareth both by the qualitie of Apiarius his cause for which this question was moued which was a morall cause and wherein there were ãâã and infamous crimes handled and not an Ecclesiasticall cause And by the remonstrance which the Africans made to Pope ãâã That the beyond-sea iudgments could not be assured for the difficultie of causing witnesses to passe out of Africa into Europe which often because of the weakenes either of age or sexe could not indure sea voyages And by the Epistle of Pope Innocent the first which S. AVGVSTINE calls worthie of the Sea ãâã wherein these words were contained And principally whensoeuer ãâã of faith are handled I conceiue that all our brethren and colleagues ought not ãâã them but to Peter that is to saie to the authour of their name and dignitie And finally by the very proceedings of the Mileuitan Councell and of the Councell of Carthge holden vnder the twelfth consulship of Honorius For not only the Fathers of the Mileuitan Councell where the prohibition was made to inferior Clerkes not to appeale beyond sea ãâã the finall iudgment of Celestius alreadie heard and iudged for a cause of Faith in Africa to Pope Innocent the first with this acknowledgment that the Popes authority was of diuine right or to vse their owne owne termes drawne from the authority of the holy Scriptures but euen Pope Innocent the first being dead before he could heare Celestius in person and hauing only condemned him in generall vpon the reporte of the Councells of Africa the African Bishops reassembled in the Councell of Carthage holden vnder the twelfth consulship of Honorius wherein the question of Apiarius and the controuersie of Episcopall appeales began caused their acts concerning Celestius to be carried to Rome and procured them to be confirmed by Pope Zosimus successor to Innocent The reuerend Bope Zosimus saith S. AVGVSTINE pressed Celestius to condemne those things that the Deacon Paulinus
the Text as it appeares both by the current of the discourse by the latine collections of Dionisius and by the copies of the Greeke edition where it is not to be fouÌd And this he did not to deceaue as is aboue said but because it was the custome of the Roman Church to cite the Canons of the Councell of Sardica which was an Appendix of the Councell of Nicea vnder the Title of canons of the CouÌcell of Nicea as it is the custome of the Greeke to cite the canoÌs of the Councell intituled Trullian vnder the title of the Canons of the sixth Generall Councell for that the Councell of Sardica was an Appendix and a supplie of the councell of Nicea holden in the same age and for the same cause with the councell of Nicea the Greekes yea euen those that are Schismatickes are of agreement with vs. It pleased said Zonara the two Emperors to cause a Councell to be holden to decide those things that had bene decreed in the Councell of Nicea At Sardica then assembled three hundred fortie one Bishops who made a decree confirming the Synod of the Fathers of the councell of Nicea excommunicating those that held the contrary And BalsamoÌ It pleased the Emperors that the Bishops should asseÌble at Sardica to dispute about those thinges that had bene decided at Nicea the asseÌbly theÌ was made of three huÌdred fortie one Bishops the holie Creede of the Fathers called at Nicea was confirmed And Glycas By the aduise of the Emperors the CouÌcell was asseÌbled at Sardica where there were three hundred fourtie one Fathers who confirmed the sacred and holie Creede made at Nicea From whence it is that the Emperor Iustinian who intitles the Councell of Sardica a generall Councell yet neuerthelesse reckons but foure Generall Councells as coÌprehending and confounding the Councell of Sardica vnder one selfe same title with that of Nicea because the CouÌcell of Sardica had made noe creede in chiefe like the other Generall Councells but had contented itselfe with confirming and expounding that of the Councell of Nicea Likewise also that the custome of the Roman Church was often to cite the canons of the CouÌcell of Sardica vnder the title of the canons of the Councell of Nicea aswell because the Councell of Sardica was annexed as an appendix to the Councell of Nicea as because the Councell of Nicea and that of Sardica had bene sett downe in the Latine edition by one selfe same penn and brought to Rome by one selfe-same Messenger to witt by Osius who had presided at both and they were written one following an other yea in some copies where of they saie one is to be found at Arras without being distinguished the one from the other It appeares from the letters of the Popes Innocent and Leo the first who alleadge the one in his Epistle to Uictricius reported by Charlemaine and by Hincmarus and the other in his Epistle to the Emperor Theodosius the second annexed to the front of the copies of the Councell of Chalcedon the decrees of the Councell of Sardica vnder the title of the decrees of the Councell of Nicea And indeede if this extension of title had bene a fallacy how came it that the Pelagians which barked with so much fury against Pope Zozimus his ashes who had condemned them and slandred and defamed him of preuarication neuer reproached him of this falshood And how could S. AVGVSTINE and Prosper who vndertooke the defence of his memory haue qualified him after his death Holy Reuerent and most blessed And how could Pope Leo thirtie yeares after haue fallen into the same crime And then what profitt could it haue bene to the Pope to alleadge by fallacy the Councell of Sardica vnder the title of the CouÌcell of Nicea contrarywise if he had regarded his owne particular interest why had it not bene of lesse aduantage to him to conceale the title of the Councell of Sardica which in regard of generall authoritie was as authenticall and in regard of the particular discipline of Africa was more authenticall and more obligatory then that of Nicea For first as for generall authoritie there were these equalities betweene the Councell of Nicea the Councell of Sardica that they had bene holden in tymes neere and contiguous one to the other and celebrated the one for the explication and strengthning of the other that the same Osius which had presided at the one had presided at the other And that there were like number of Bishops in the one as in the other and that the one was called from all partes of the world as well as the other That it was so not only saint ATHANASIVS and after him Socrates and Sozomene testifie that in the Councell of Sardica there were more then three hundred Bishops amongst which were the Patriarke of Alexandria who was saint ATHANASIVS himselfe the Bishop of Hierusalem who was Maximus the Bishop of Constantinople according to Sozomene who was Paule the Archbishop of Carthage who was Gratus and many of the same Bisshops which had assisted at the Conncell of Nicea as Osius Bishop of Cordua in Spaine Nicasius Bishop of Dina in Gaule Protogenes Bishop of Sardica in Illyria Marcellus Primate of Aneyra in Galatia Asclepas Bishop of Gaza in high Palestina Aetias Bishop of Lydda in Lowe Palestina Paphnutius of Egipt Spyridon of Cyprus and others But also saint ãâã affirmeth that the Councell of Sardica was called by the commaundement of the two Emperors of East and West a thing which appertained only to generall Councells and that it was compounded of more then thirtie fiue Prouinces and in this reckoning counting Africa but for one Spaine but for one the Gaule and Almany but for one Great Britaine but for one MacedoÌ but for one Thrace bur for one Galatia but for one Egipt but for one and the three Arabias and three Palestinas but for one as it shall appeare in the Chapter following where wee will treate of deliberate purpose of the authoritie of the Councell of Sardica and confute all the obiections that the Popes aduersaries make against it And this is to be said of the equality of the Councells of Nicea and ãâã as concerning generall authoritie For to the particular obligation of Africa so farr of is the Councell of Sardica from being lesse authenticall then that of Nicea as contrarywise the Councell of Sardica had this aduantage aboue that of Nicea that in the Councell of Nicea there was but one only Bishop of Africa to witt Cecilianus Archbishop of Carthage as the second generall Councell of Constantinople notes in these words Only Cecilianas Bishop of Carthage came from all Africa to the Councell of Nicea whereas in the Councell of Sardica there were thirtie six African Bishops amongst which was Gratus Archbishop of Carthage Of Africa saith S. ATHANASIVS there signed at the
no more receiue those to the Communion that haue bene excommunicated by vs And a while after That so those that in their owne Prouince haue bene depriued of the Communion may not seeme to be rashlie and vnfitly restored to the Communion by your Holynesse And this request they propt vp with fiue reasons The first that the Councell of Nicea had forbidden that those which had bene excommunicated in one Prouince should be receaued to Communion in an ãâã Your Reuerence said they will easilie acknowledge that this hath bene so defined by the Councell of Nicea for although it seemes to restraine the caution to inferior Clerks and to lay men by how much stroÌger reason did they intend it allso to Bishops A thing that the heate of contention drew from their mouthes and which is directlie against S. AVGVSTINE who saith speaking of Cecilianus Archishop of Carthage who had bene deposed by a Councell of seauentie African Bishops assembled at Carthage Hee might contemme the conspiring multitude of his Enemies because he knew himselfe to be vnited by communicatorie letters to the Roman Church in which hath alwaies flourisht the principalitie of the sea Apostolick and from the other Countries from whence the Ghospell first came into Africa And against the Councell of Nicea it selfe which precisely limitts the words to Priests and LaymeÌ which hauing bene excommunicated by their Bishop could not be receiued to Communion by anie of the other Bishops of the same Prouince For whereas the African Fathers inferr that if the Councell of Nicea spake these words of Priests and Laymen they must be much more intended of Bishops this is formally opposite to saint AVGVSTINES foundatioÌ who saith that Cecilianus tyme-fellowe with the Councell of Nicea might haue appealed beyond Sea because hee was not of the number of Priests and other inferior Clerkes but of the number of Bishops They did not handle the cause saith hee of Priests Deacons or other inferior Clerkes but of Bishops which might reserue their causes to the iudgement of the churches beyond Sea The second that the Councell of Nicea committs the causes as well of Bishops as of Priests to the Metropolitan which is true for the iudgement of Priests in the second instance and of Bishops in the first But not for the iudgment of Bishops in the last instance as appeares by the testimonie of saint ATHANASIVS who had assisted in person at the Councell of Nicea which alleadges for his defence an Epistle where Pope Julius writes that the Councell of Antioch and other Councells of the East could not depose ATHANASIVS from the Bishopricke of Alexandria without expecting the decision of the church of Rome Are you ignorant saith hee that the custome is that they should first write to vs and so from hence should proceede the iust decision of causes and therefore if there were anie suspition conceiued against the Bishop there that is to saie of Alexandria they must write to the Church heere that is to saie to the Church of Rome The third that the grace of the holy Ghost shall not be wanting to euery prouision or to euery Prouince to discerne the equitie of causes and that it is not credible that God should inspire the Justice of the triall to one only man what soeuer he be and denie it to an infinite number in a Councell A certaine proofe that they spake of the causes of equitie and iustice as well ciuill as criminall and not of causes of faith of which contrarywise they had written a yeare or two before to Pope Innocent vpon the subiect of Pelagius and Celestius his cause which was a cause of Faith Wee doubt not with the helpe of Gods mercie who will vouchsafe to heare thee praying and to guide thee consulting but those that hold these peruerse thinges will more easily yield to the authoritie of thy Holynesse deriued from the authoritie of holy Scriptures And Pope Innocent to themselues Alwaies and as often as matters of faith are handled I conceiue that all our Bretheren and colleagues can haue no reference but to Peter that is to saie to the author of their name and dignitie The fourth That it was very hard to assure beyond Sea iudgements because of the difficultie of causing witnesses to passe the seas How can said they the Iudgements beyond Sea be certaine wherein the necessarie persons of witnesses for the debilitie of sexe of age or manie other hindrances interuening cannot appeare An euident Argument that they spake of particular and personall causes And the fifth that it had neuer bene taken from the African Church by any decree of a Councell that Appeales should goe out of Africa and that to send Legats from Rome into Africa to iudge them vpon the place it was not constituted by any Councell A thing the ignorance whereof they might well excuse forasmuch as they had no more then in Africa the true copies of the Councell of Sardica but only as had bene aboue shewed those of the false Councell of Sardica composed by the Arrians and publisht by the Donatists which gaue ground to all this question The second request was that the Pope should no more grante them clerkes executioners so were certaine clerkes of the Roman Church called committees to cause to be executed with the helpe of secular power and of the imperiall forces that is to saie by the strength of Vshers Sergeants and Souldiers the iudgements of the Pope or of his Legats a thing which prouoked much murmure in Africa For although the malice of the African Poeple who after they were fastned in the hate of anie Ecclesiasticall person would hardlie lett goe their hold did sometymes make this remedie necessarie Neuerthelesse the abuse of those which did too violently applie it did often conuert it into a pretence and occasion of complaint as S. AVGVSINE testifies in an Epistle to the same pope Celestine when he saith speaking of Anthony Bishop of Fussala in Numidia who had appealed to the Pope from the iudgemeÌt which the inhabitantes of Fussala had caused to be giuen against him He threatens them saith hee with secular power and with the furie of souldiers as if they should come to execute the iudgements of the Sea apostolike in such sort as the miserable inhabitants being Christians and Catholiks feared more grieuous vsage from a Catholike Bishop then they did when they were hereticks from the lawes of the Emperors For these causes then the African Bishops besought the Pope to grant no more Clerkes executors to those which demanded them That you will not also said they send your clerks for executors to all those wich demaund them nor permitt that wee should seeme to introduce the typhe or smoky meteor of the age into the Church of Christ which propounds the light of simplicitie and the daie of humility to those that desire to see God Calling the force and military violence with which those executors did
first man who against the Ecclesiasticall canoÌ made vse of an appeale wee bring two Answeres the one that those wordes are not the wordes of Socrates but the wordes of an hereticall author from whom Socrates reports them to wit from Sabinus who to calumniate saint CYRILL who although for feare of Constantius the Arrian Emperor he did then communicate outwardly with the Arrians neuerthelesse was in doctrine and beleefe a catholicke reproaches it to him that he had appealed rom the Councell of Cesarta in Palestina wherein he had bene deposed by the Arrians and had put in his appeale to the Councell of Seleucia holden by the Arrians but wherein there were manie couert catholicks and which communicated not with the Arrians but in the receipt of the Sacraments and differd wholie from them in faith The truth of his Answere appeares both by this that Socrates in the beginning of this historie saith that he hath abridged it from the collection of Sabinus Let the Readers saith he curious to know things in particular search them in the collections of Sabinus where they are at large sett downe wee running ouer them haue but extracted heads And by the canon whereto this Author saith that Cyrill contradictes which was a canon of the Councell of Antioch holden in the dedication which Councell Socrates was so farr from thinking it lawfull as contrariwise not only in the same historie he makes an Apostrophe against the memorie of Eleusius who had qualified the Bishops of the Councell of Antioch with the title of Fathers and askes him How ò Eleusius dost thou call those Fathers that were assembled at Antioch and deniest that title to their Elders And a little after that if those that were assembled at Antioch haue rooted out their Fathers those that followe them followe Paricides but also in the cause of saint CHRISOSTOME he saith that the canon of the Councell of Antioch which was produced against him had bene forged by the Arrians And in deede how could Socrates haue held the Bishops appeales for a new thing and coÌtrarie to the canon of the Church hee that alleadgeth for a reproach of nullitie against the Councell of Antioch that the lawe of the Church imported that those thinges that were done without the Bishop of Romes consent were nullities And who had said speaking of Paule Bishop of Constantinople of Asclepas Bishop of Gaza in Palestina of Marcellus primat of Ancyra in Galatia and other Bishops deposed by the Councell of Antioch and other Councells of the East and yet had had recourse to the Pope the Bishop of Rome because of the prerogatiue of his Church armed them with confident letters and writt into the East and restored them euery man to his place and that a longe while before the action of Cyrill and of the Councell of Seleucia The other answere is that Sabinus himself did not pretend to saie by that that Cyrill had done a new thing and coÌtrarie to the lawes of the Church or as the words of Sabinus imported from a lesse Tribunall to a greater that is to saie from the Councell of Palestina to that of Seleucia in appealing from one Synod to an other For the Councell of Antioch it self vpon which Sabinus grounds himself ordaines that a Bishop còdeÌned may haue recourse to a greater Synod But for this that he had in his appeale followed the forme of secular appeales for as much as he had taken to speake according to the stile of this time a releefe of appeale from the imperiall Chancerie that is to saie had taken letters from the Emperor to oblige the Bishops of the Councell of Seleucia and particularly the Acacians who being Arrians and fauourd by the Officers of the Emperor who assisted at the Councell who were ãâã would not haue suffered that the cause of Cyrill who had bene condemned by ãâã in the Councell of Palestina should againe haue bene put to triall to receaue his Appeale and to renew the examination of his cause This appeares both by the beginning of the historie of the Councell of ãâã where it is said that diuers letters of the Emper ors were brought where of some ordained that they should first treat of matters of faith and others that they should first handle the causes of accused Bishops And by the very words of Sabinus against Cyrill which are As soone as he had bene deposed hauing sent a libell of appeals to those that had deposed him he appealed to a greater iudgement to which appeale the Emperor Constantius added his suffrage and this Cyrill did only the first against the Custom of the ãâã Canon making vse of Appeales as in lay iudgments By which words Sahinus intended not to saie that Cyrill was the first that appealed from a lesser Synod to a greater but that hee was the first the vsed the forme of secular appeales in Ecclesiasticall iudgement that is to saie that had recourse to the Emperor to cause his appeale to be accepted And therefore hee saith not that he was the first that vsed appeales but that hee was the first that vsed them as in laie-Iudgments And this finallie appeares by the same Canon of the Councell of ãâã the transgression whereof ãâã obiects to S CYRILL which Canon forbids not that wee may appeale from a lesser Synod to a greater contrariwise ordaines it in expresse words but forbids that they should haue recourse to the Emperors authoritie and setts downe the deffence in these words If any Priest deposed by his owne Bishop ãâã ãâã Bishop deposed by a Synod presume to importune the eares of the Emperor whereas he should haue recourse to a greater Synod and referr the right that he ãâã he hath to a greater number of Bishops let him not be receaued to ãâã From whence it appeares that this that Sabinus reprehended in Cyrill was not that he had appealed from the Synod of Palestina to a greater Synod to witt to that of Seleucia which was compounded of all the East but for hauing recourse to the Emperor for hauing obtained letters from him to cause his appeale to be accepted which is that that he calls to vse appeales as in lay iudgments for as much as in lay iudgments the Emperor gaue letters to oblige the seconde Iudges to ãâã the appeale and the first to yeeld to it TO the second instance which is that in the first generall Councell of Constantinople it was ordained that those that would accuse a Bishop should accuse him to the Synod of the Prouince and if the Synod of the Prouince did not content them they should haue recourse to the Synod of the Patriarkship and that after it should noe more be lawfull neither to importune the eares of the Emperor nor to disquiet a generall Councell wee answere that he speakes of the accusers of Bishops and not of Bishops accused that is to saie that he pretends not to ordaine that it should
Celestine make S. Cyrill Patriark of Alexandria his Vicar in the East to iudge the cause of Nestorius and appointed him to excommunicate Nestorius if within ten daies after the receipt of the letters from the Apostolicke Sea he did not anathematize his error The authoritie of our Sea said he being added to thee and vsing with power the representation of our place thou shalt execute exactly and seuerelie this sentence to wit that if within ten ãâã tolde aster signification made to him of this admonition Nestorius ãâã not his naughtie doctrines c. thy Holynesse prouiding without delaie for that ãâã shall declare him wholy cutt of from our bodie And Prosper touching the same history Celestine to cut of the Nestorian impietie ayded Cyrill the Bishop of Alexandria most glorious defendor of the faith with the Apostolicke sword And why then when S. Cyrill had receiued the Popes admonition did he send to signifie it to Nestorius and to the Constantinopolitans in these wordes ãâã are constrained to signifie to him by Synodic all letters that if verie speedily and within the tyme sett downe by the most holy Bishop of the Roman Church Celestine he renounce not his nouelties and anathematize them by writing c. he shall no more haue anie parte amongst the ministers of God And for what cause when Pope ãâã was come in the age following to Constantinople did the Religious men of Syria pray him to doe the same to Anthimus Archbishop of ãâã We pray you said they to doe to Anthimus as Celestine did to Nestorius assigning him a ãâã as Celestine did to Nestorius And why then when the Councell of Ephesus proceeded to the condemnation of Nestorius did they couch it in these termes Constrained necessarily by the ãâã of the Canons and by the letters of our most holie Father and fellowe minister ãâã we are come not without manie teares to pronounce this sad sentence against him And why then when the Legates of the Pope were arriued to the same Councell of Ephesus did they thanke the Bishops of the Councell for hauing shewed themselues true and holy members of the Pope We giue thankes said they to this reuerent Synod that the letters of our most holie and hlessed Pope hauing bene recited to you you haue by your holie and religious voyces shewed your-selues holie members to your holie head for your ãâã is not ignorant that saint Peter was the head of all the faith and of all the Apostles And againe none doubtes for it hath bene notorious in all ages that the holy and most blessed Peter Prince and head of the Apostles pillar of the faith foundation of the Catholicke Church did receiue from our Lord IESVS CHRIST the ãâã of the heauenly Kingdome and the power to binde and loose sinnes and that ãâã ãâã and decides causes yet vnto this daie and for all eternitie by his Successors of ãâã then the holy Successor and ordinarie Vicar and most blessed Pope and Bishop Celestine hath sent vs for him as his Lieutenant to this holie ãâã And why then when there was a question to passe from the cause of Nestorius to that of Iohn Patriark of Antioch did IVVENALL Bishop of ãâã say in presence of the whole Councell that the ancient custome and the Apostolicke tradition haue bene that the Church of ãâã was to be iudged by the Roman It is fitt said hee that the Right ãâã Bishop of Antioch Iohn honoring this great holy and ãâã all Councell should haue recourse hither to iustifie himselfe of what is obiected against him and that he should obey and honor the Apostolicke Throne of great Rome sittinge with vs and with the Apostolicke Throne of Ierusalem before which principallie it is accustomed by Apostolicke tradition and practice that the Seate of Antioch is to be ruled and iudged For that we must referr the laste clause of the period of IVVENALL to the Sea of Rome as ãâã hath done deceauing himselfe with this that the word to obey gouernes the datiue and not considering that the verbe to honor which is there added changeth the Rule it shall be shewed heereafter by seaueÌ necessarie and vndoubted proofes And why then when the Councell proceeded indeede to the cause of IOHN Patriark of Antioch did they reserue the decision to the Pope Being moued writes the Councell to the Pope with the indignitie of the thing we would pronounce against him and the rest the same sentence that he had vnlawfullie pronounced against those which were conuinced of noe crime but to the end to conquerr his rashnesse with meekenesse although he had most iustlie deserued to suffer such a sentence yet we haue reserued him to the iudgement of thy pietie Which afterward the third oecumenicall Councell of Constantinople did imitate in the cause of Macarius Patriark of Antioch as the Emperor Constantine Pogonat reportes in these wordes Macarius Bishop of Antioch and his adherents haue bene deposed by the consent of the whole Councell and remitted to the discretion of the most holie Pope And why then when HILARIE Bishop of Arles vndertooke to ordaine Prelates in the prouince of Vienna without the Popes leaue did the Emperor Valentinian the third make a lawe which afterward the Emperor Theodosius the second inserted into his new constitutions vnder the title of the lawe of Theodosius and Valentinian by which he forbadd that anie inuocatioÌ should be made in the Church without the Popes liceÌce Whereas saith the lawe the merit of Peter who is the Prince of the Episcopall societie and the dignitie of the cittie of Rome and the authoritie of the sacred Synod haue soe establisht the primacie of the Apostolicke Sea as presumption should attempt nothing vnlawfull against the authoritie thereof for soe the peace of Churches shall be maintained by all if the vniuersalitie acknowledge her Rector And a little after Wee decree by a perpetuall ordinance that it shall not be lawfull either for the Bishops of the Gaules or those of other prouinces to attempt anie thing against the ancient custome without the authoritie of the Reuerend Pope of the eternall cittie but to them and to all those things shall be lawes which haue bene ordained or shall be ordained by the authoritie of the Apostolicke Sea in such sort as whatsoeuer Bishop being called to the iudgement of the Pope of Rome shall neglect to present himselfe he shall be constrained by the Gouernor of the prouince to appeare For to obiect that Prosper for all this attempt did call HILARIE Bishop of Arles a Saint it had bene somewhat if betweene HILARIES attempt and his death there had bene noe penance interposed but soe farr was HILARIE from persisting in this crime to the end of his daies that he went himselfe to make personall satisfaction to the Pope He vndertooke saith the author of his life reported by Cuias a iourney to ` Rome on foote and entred into the
Councell of Sardica excommunicated Pope Julius because he had admitted saint ATHANASIVS into his communion The second that saint HILARY proclaymed anathema against Pope Liberius because he had receiued the Arians into his communion And the third Dioscorus Patriarke of Alexandria in the false Councell of Ephesus excommunicated the Pope saint Leo the first because he had condemned the heresie of Eutyches And from hence they conclude that the Pope was not then the center and originall of Ecclesiasticall communion since that as the Pope excommunicated the other Patriarkes Archbishops and Bishops soe the others reciprocally excommunicated him And therefore it is best to blocke vp their obiections before we passe further To the first then of these obiections which is that Stephen Patriarke of Antioch excommunicated Pope Iulius because he had receiued saint ATHANASIVS into his communication we bring three answeres The first answere is that it was not Stephen Patriarke of Antioch that made this excommunication but it was all the Bishops assembled at the false Councell of Sardica which pretended to be the true and whole oecumenicall Councell of Sardica forasmuch as they said the three hundred Catholicke Bishops which constituted the true Councell of Sardica were fallen into the communion of Marcellus whom they held an hereticke of the heresies of Sabellius and of Paulus Samosatenus and thefore imagined that the true and intier authoritie of the oecumenicall Councell of Sardica was deuolued to them Nowe there is greatdifference betweene saying that a Councell that pretendes to be oecumenicall and conceaues it selfe to represent the vniuersall Body of ihe Church should vndertake to excommunicate a Pope that they suppose to haue fallen into heresie and that a particular Bishop Archbishop or Patriarke should vndertake it The second that the false Councell of Sardica which committed this presumption was an Arian Councell and whose entreprise consequently cannot be drawne into example nor make any president against the discipline of the Church For what meruaile is it that the Arians who trode vnder foote the diuinitie of Christ who is the inuisible head of the Church should likewise tread vnder foote the authority of his principall lieuetenant that is to say the Pope who is the visible head of the Church And the third that in the same tyme that the false Councell of Sardica spitt in the face of heauen and excommunicated not only the Pope but ãâã SVS-CHRIST himselfe and all his Church in reiecting the communion of them that held him to be consubstantiall with the Father the true Councell of Sardica compounded of more then three hundred Catholicke Bishops acknowledged the Pope for head of the Church and writt to him It seemes verie good and conuenient that the Prelates of all the Prouinces should referre the affaires to their head that is to saie to the Sea Apostolicke of Peter To the second obiection which is that after that Liberius being cast out from the Sea of Rome by the Arians and ouercome with the induring a farr banishment and manie corporall persecutions vexations sorgott himselfe so farr as to subscribe the condemnation of saint ATHANASIVS and to receiue the Arrians into his communion saint HILLARIE reciting the Epistles of the same Liberius insertes these clauses This is the Arrian treacherie this I haue noted I that am noe Apostata And againe Anathema for my parte to thee ô Liberius to thy Complices And a while after Anathema to thee the secoÌd third tyme ô wicked Liberius we bring fower answeres The first answere is that though it be certaine and not to be doubted that this is written by an ancient author and of saint HILLARIES tyme as besides the antiquitie of the manuscriptes which are to be sound in sundrie libraries it appeares both by the manner of that stile which fullie agrees with that of saint HILLARIES age and by manie things which are there recited which could not haue bene knowne but by the authors of saint HILLARIES age neuerthelesse it is not equally certaine that it is S HILLARIES Contrariwise there are fower coÌiectures which seeme to intimate that either it should be Hillaries the Luciserian deacon of the same tyme with saint HILLARIE or some other authors of the same Sect and age which haue supposed it and made it passe vnder the name of saint HILLARIE or that the Parentheses which are inserted into Liberius his Epistles that he cites which also are inserted in forme of notes and marked with signes of a crosse at the head and enuirond with semye-circles and written in an other character are not saint HILLARIES but some exemplaristes of that age The first coniecture is that these Parentheses condemne the Faith of the Councell of Sirmium which Demophilus caused Liberius to signe that is the Faith of the first Councell of Sirmium which did not err but in the omission of the word Homousion for Demophilus as the Illustrious Cardinall Baronius hath obserued abhorred the Faith of the Second which denied both Homousion and Homoeusion and calls it an Arrians treachery where saint HILLARY contrariwise to spare and husband the demy Arrians which held the first confession and to oblige them to bandie against the compleate Arrians which held the second stiled in his workes of the Synodes The faith of the first Councell of Sirmium or rather the first faith of the Councell of Sirmium orthodoxall and Catholicke And saith speaking of the Bishop Eleusius Bishop of Cyrica and of the other demy Arrians which embraced it except the Bishop Eleusius and a few others with him the ten Asian prouinces wherein I dwell for the more parte doe not know God truly And it will not serue for an antidote for this that Monsieur de Feure who published that worke saith that the Arrians yet made another profession of Faith composed at Sirmium in the presence of the Emperor in the yeare of the Councell of Arimini where they abolished the word Substance For this last confession of Faith was made after Liberius his falle and not before as some haue thought not considering that Liberius suffered two banishements confounded by Socrates but distinguished by Sozomene The one when hee was confined into Beroe in Thrace which began according to Amianus Marcellinus account and that of Sulpitius Seuerus the yeare wherein Arbitio and Lollianus were consulls that is fower yeare before the Consulate of Eusebius and Hypatius vnder which the Councell of ãâã was held and lasted according to saint ATHANASIVS and ãâã two yeares And the other by which he was simplie cast out of Rome which sell out after the Councell of Arimini because Liberius refused to consent to it They report saith Sozomene speaking of those who described more truly the history of the Councell of Arimini that the Arrians constained the Bishops to signe their confession and cast out of the Church manie which resisted it and in the first place Liberius Bishop
but a simple Bishopricke subiect itselfe in the first instance to the Archbishop of Cesarea and by appeale to the Patriarck of Antioch and not bearing the title of a Patiarcke but onely as a name of honor to haue place in the Councells after the true Patriarckes but not to exercise Iurisdiction ouer anie other diocesse This appeares both by the Councell of Nicea which perserues the title of honor to the Bishop of Elia that is to the Bishop of Ierusalem alwaies sauing the dignitie of his owne Metropolitan meaning the Archbishop of Cesarea And by saint IEROM who askes John Bishop of Jerusalem why he had recourse to the Sea of Alexandria since the iudge of the Bishop of Jerusalem in the first instance was the Archbishop of Cesarea and in the second hee of Antioch Thou saith hee which searchest out Ecclesiasticall rules and makest vse of the Canons of the Councell of Nicea c. answere me wherein doth Palestina belong to the Bishop of Alexandria it is ordained if I be not deceiued that Cesarea should be metropolitan of Palestina and Antioch of all the East then either thou oughtest to haue referred they cause to the Bishop of Cesarea c. or if there were cause to seeke a iudgement farther thou shouldest rather haue writen to Antioch And a while after but thou hast rather chosen to importune eares alreadie possessed then to yeild due honor to thy Metropolitan And finallie this appeare by the Councell of Chalcedon which assignes to Iuuenall Patriarck of Ierusalem for his first Patriarchall territorie the three Palestina's For that Ierusalem in the Councell of Constantinople was called the mother of all the Churches it was mother in antiquitie and not mother in authoritie And that in the Councell of Ephesus Iuuenall Bishop of Ierusalem saith according to the Latine translation of Rome that the ancient custome and the Apostolicall tradition was that the Church of Antioch was to be directed by the Church of Ierusalem it is a mistaking of the translator of Rome who insteede of saying the Roman as Peltanus hath it hath said the Ierosolomitan For that the laste clause of the period is to haue reference to the Roman Sea as was done by Peltanus and not to that of Ierusalem as the interpreter of Rome hath done abusing himselfe with this that the word to obey gouernes the datiue and not considering that the word to honor which is there added alters the rule is verified by seauen vndoubted profes First it is verified by this that the greeke text shoud also haue no construction there being no verbe within the period to gouerne this accusatiue the throne Apostolicke of great Rome but the verbe to honor It is secondly prooued because alwaies the Bishops of Rome and not those of Ierusalem haue iudged of the Councells of Antioch as it hath bene aboue specified in the cause of Paule Samosatenus and of of saint ATHANASIVS It is thirdlie verified because the nullitie propounded against the Councell of Antioch in saint ATHANASIVS time was grounded not vpon the absence of the Bishop of Jerusalem who yet was no more there then the Bishop of Rome as Socrates notes but vpon the absence of the Pope or his legates It is verified in the fowrth place because the Bishop of Antioch was so farr from being subiect to him of Ierusalem that contrariwise the Bishop of Ierusalem as hath lately bene shewed both by the testimonie of the Councell of Nicea and by that of saint IEROM was subiect in the first instance to the Bishop of Cesarea and by appeale to him of Antioch It is verified in the fifth place because the same Councell of Ephesus and in the presence of the same Iuuenall sent backe the cause of Iohn Patriarcke of Antioch to the Pope It is verified in the sixt place because in the Councell of Chalcedon where Iuuenall was also present the sentence of Anatholius Bishop of Constantinople was that Maximus Bishop of Antioch should remaine for as much as Pope Leo hauing receiued him into his Communion had iudged that he should rule the Church of Antioch And finallie it is verified because in the general Councell of Constantinople against the Monothelites the cause of Macarius Patriarke of Antioch who had bene deposed by the Councell was sent backe not to the Bishop of Ierusalem but to the Pope Macarius and his adherents saith the Emperor Constantine Pogonat haue bene deposed by the consent of the whole Councell and remitted to the discretion of the most ãâã Pope The same may be also said of the Archbishopricke of Constantinople for as much as although that the Councell of Constantinople holden vnder Nectarius had desired to erect it into a Patriarckship neuerthelesse this desire had no place till after the Councell of Chalcedon By meanes whereof the Church did not acknowledge in the tyme of saint AVSTIN anie more then the three Patriarchall Chaires which had bene acknowledged by the Councell of Nicea to witt Rome Alexandria and Antioch For whereas Socrates putts amongst the Patriarchips of the Easterne Empire the primacie of Pontus and that of Asia-minor from whence some inferr that it is an impertinent thing to goe about to restraine the number of the ancient Patriarckes to the onely Seas mentioned by the Canons of the Nicean Councell they shew their owne impertinencie not to see that Socrates there extendes by confusion of language the word Patriarkes to all kinde of Primates and imployes it not vniuocallie and in the same sence whereto we imploy it when we speake of Patriarkes properly taken no more then when Cassiodorus calls the primates and Metropolitans of Italie Patriarcks or when Gregorie of Tours calls Nicetius ãâã of Lion Patriarcke they intend not to speake of Patriarckes properly and strictly taken but of Patriarckes taken largely and generally Now these things were manifestlie distinct as Cuias hath plainelie noted in these termes the imperiall lawe separates the priuiledges Patriarchall and metropoliticke For not to touch other diuersities which were betweene the Patriarckes speciallie taken that Antiquitie otherwise calls Archbishops and Patriarkes generally taken that is betweene Patriarckes and those that were but simplie Primates and Metropolitans there was this difference betweene them that the Seate of the Patriarckes properly and especiallie taken was fixed and annexed to the dignitie of their Seas and neuer varied for anie respect of anterioritie of posterioritie of promotion In such sorte as Patriarckes properly taken neuer preceded by anie primates or Motropolitans whatsoeuer anterioritie of promotion the simple primates or metropolitans had before them nor amongst the Patriarckes properly taken the third neuer preceded the second whatsoeuer antiquitie of promotion he had aboue him but their Seates were annexed to the order of their Seas and not to that of their promotion Where Patriarckes generally and inproperlie taken that is to saie primates or metropolitans had amongst them
the cittie of Rome besides that she was head of the Empire of the West a thinge which was common to her with the two other citties of Alexandria and Antioch each in the behalfe of their ancient territorie had yet this condition more aboue the rest that she was also the head of the vniuersall Bodie of the Empire soe the finall and absolute Sea of S. PETER which he constituted at Rome besides the Patriarchall iurisdiction and as correspondent to the Empire of the West in which it agreed with the other Patriarchall Chaires had yet more the degree of head of the Church and Prince of the Patriarkes in which he was superior to the other patriarchall Thrones And when there was question of things that went beyond the Patriarchall iurisdiction that is of greater causes and which concerned the vniuersall Churches as were causes of Faith or of the generall customes of the Church or those of the finall deposition of Bishops or those of iudging the verie persons of the Patriarkes exercised Ecclesiasticall iurisdiction ouer them iudged both of their iudgements of their persons For S. PETER hauing purposed to followe in the distributioÌ of spirituall iurisdictions the order alreadie established in the distribution of temporall iurisdiction it must followe that the same proportion that was betweene the seate of Rome the seates of the other two Empires in case of politicke secular iurisdictioÌ must likewise be maintained betweene the Sea of the Bishop of Rome and those of the other Patriarkes in case of Ecclesiasticall spirituall iurisdiction that for two causes the one occasionall remote to witt the secular dignity of the cittie of Rome which had moued S. PETER to sett the spirituall soueraigntie of the Church in that place where alreadie the temporall soueraigntie of the common-wealth was setled the other neere formall immediate to witt the spirituall dignitie of S. PETER for the eminencie whereof it was fitt that he that was the head of the episcopall societie should establish his finall absolute Throne plant the stock of his direct succession in that place where the stocke principall Seate of the human temporall iurisdiction was alreadie planted As the Emperors Theodosius and Valentinian note in these wordes The primacie of the Sea Apostolicke hath bene established both by the merit of Peter who is the Prince of the Episcopall societie and by the dignitie of the cittie and by the sacred authoritie of the Synod Now there was this difference betweene the seate of the cittie of Rome and the seates of the other prefectures in matter of secular temporall iurisdiction that not only the Emperor of the Roman common-wealth commaunded the Prefects and Presidentes of the other Seates but also that the cittie prefect of Rome besides the iurisdiction of his ordinary territorie which was limitted in regarde of iudgement in the first instance to a certaine number of prouinces had yet as head of the Senate and vicar to the Emperor the right of examining by appeale the causes of all the prouinces of the Fmpire For when Augustus and the Emperors following establisht or re-establisht the office of Prefect of the cittie of Rome they gaue him power to iudge of the appeales of all the prouinces of the Roman circle as the interpreter of the notice of the Empire and euen the aduersaries of the Roman Church doe acknowledge alleadging be it well be it euill these words of Mecenas reported in Dion that the Prefect of the cittie shall iudge of the appeales and prouocations of all the Magistrates aboue mentioned And those of Statius addressed to the cittie prefect vnder Domitian Jnque sinum quae saepe tuumfora turbida quaestu Confugiunt legesque vrbesque vbicunque togatae ãâã longinquis implorant iura querelis And those of an epistle from the Senat to the iudges of Carthage reported by Vopiscus in the tyme of the Emperor Tacitus All appeales shall belong to the cittie Prefect which shall yet proceede from the ãâã and ordinarie Iudges And these of an other epistle of the Senat to the Iudges of Treues and to the Antiochians Aquileyans Milaneses Alexandrians Thessalonians Corinthians and Athenians The right of appeale hath bene vniuersallie decreed to the Prefecture of the cittie And these of an epistle of Tiberianus The appeales from all the powers and from all the dignities are returned to the cittie Prefect And these from a lawe of Constantine to Iulian the cittie Prefect Wee will not that the iudges from whom the appeale shall remitt the causes to our clemencie but they shall haue recourse to the sacred auditorie of thy grauitie to whom we haue committed our Vicarship which was after abolished by the translation of the appeales to the Pretoriall Prefects from whence wee haue a lawe of Constantius in the Theodosian-Code which ordaines the Prefect of the Pretory of Italie to examine the appeales from Sicily from Sardinia from Calabria from Prussia and from the prouinces now called Lombardy and adds for the cittie Prefect informed by our answere hath bene aduertised to depart from it By meanes whereof as the cittie of Rome besides that she is head of the Empire of the West leaues not to haue dominion ouer the heades of the two other Empires or to reduce the matter into more strict termes as the Prefect of Rome in the first ages of the Empire besides the ordinary iurisdiction that he had ouer the prouinces of his territory yet left not as Vicar to the Emperor and head of the Senat to iudge of the appeales os all other prouinces so the Pope beside the iurisdiction he had in qualitie of Patriark of the West ouer the prouinces of the patriarkship os the West yet lest not as head os the Church and successor of saint PFTFR and principall Vicar of Christ to haue the supereminence and generall superintendence ouer all the other prouinces To the Roman Church saith saint IRENEVS because of a more mightie principalitie that is to saie as hath aboue appeared because of a principalitien ore mightie then the temporall it is necessarie that all Churches should agree And saint CYPRIAN The Roman Church is the Chaire os PEPER and the principall and originall of the Socerdotall vnitie And Sainct Athanasius They haue had noe reuerent esteeme that Rome was the Sea Apostolick and metropolitan of Romania And saint GREGORIE Nazianzene The ancient Rome treads rightlie in the faith houlding all the West bound by the healthfull word as it is conuenient for her to doe that ruleth all the world And sainct IEROM a priest of the Church of Antioch and disciple of S. Gregorie Nazianzene writing to Pope Damasus I know the Church is founded vpon that stone whosoeuer eateth the lambe out of that howse is profane And a little after I know not Vitalis I am ignorant of Miletius I reiect Paulinus whosoeuer gathers not with
of our Lord. And CAIVS of one tyme with Tertulian If thou wilt gue to the Vaticane or to the waie of Hostia thou shalt finde the trophies that is the Sepulchers of those which haue founded this Church And CLEMENT Alexandrius before him Papias the hearer of S. IOHN Marke being intreated at Roman by the bretheren writt a briefe Ghospell which PETER haueing read approued And ORIGEN PETER was crucified at Rome with his head downewards And saint CYPRIAN The Rome aÌ Church is the Chaire of PETER and the principall Church from whence proceeded the Sacerdotall vnitie And EVSEBIVS Vnder the Empire of Claudius the prouidence of God brought the great Apostle Saint PETER to Rome And againe the histories beare that PAVL was beheaded and PETER crucified at Rome vnder Nero and the titles of PETER and PAVL preserued to this daie in their sepulchers confirme it And LACTANTIVS PETER and PAVL preached at Rome and their ãâã remained written for memorie And S. ATHANASIVS though it were declared to PETER and PAVL that they should suffer ãâã dome at Rome yet they ãâã not to trauell thither And S. CYRILL of Ierusalem PETER and PAVL presidents of the Church came to Rome And saint EPIPHANIVS At Rome were first Apostles and Bishops PETER and ` PAVL and then Linus and then Cletus and then Clement And saint AMBROSE PETER is our warrant for this custome who hath bene Bishop of the Roman Church And againe Christ haueing answered PETER I goe to Rome to be crucified againe PETER vnderstood that this answere belonged to his Crosse And the Emperors GRATIAN and VALENTINIAN and THEODOSIVS Wee will that all the people ruled by the Empire of our clemencie liue in such Religion as the Religion insinuated hither-to by the diuiue Apostle PETER declareth that he gaue to the Romans And OPTATVS Mileuitanus Thou canst not denie but that thou knowest that in the Cittie of Rome the Episcopall Chaire was first conferred to Peter wherein Peter head of the Apostles sate And saint IEROM Simon PETER Sonne of Jona of the Prouince of Galilee of the Borough of Bethsaida brother to the Apostle Andrew and Prince of the Apostles after the Episcopat of the Church of Antioch and the preaching of the dispersion of those of the Circumcision which had belieued in Pontus Galatia Cappadocia Asia and ãâã came to Rome the second yeare of the Empire of Claudius to ouerthrow Simon Magus and held the Sacerdotall Chaire twentie fiue yeares there And againe Hegesippus affirmes That he came to Rome vnder Anicetus who was tenth Bishop of Rome after PETER And else where Cyprian addressed the Councell of affrica to Steuen Bishop of the Roman Church who was the twentie sixth after the Blessed Peter And RVFFINVS Peter ruled the Roman Church for the space of twentie fower yeares And SVLPITIVS Seuerus The ChristiaÌ Religion had then taken roote in the Cittie of Rome Peter being Bishop there And S. CHRISOSTOME What spectacle shall Rome see in the daie of Iudgemeut Paul comeing forth of his graue risen againe with PETER And OROSIVS Nero ãâã PETER to death by the Crosse and PAVL by the sword And saint AVGVSTIN Wee see the most eminent height of the thrice noble Empire submitting his diadem bend his knee to the supulcher of the fisherman PETER And in an other place I thinke this part of the world ought to suffice thee wherein our Lord would crowne with a most glorious martir dome the first of his Apostles And else where What hath the chaire of the Roman Church done to thee wherein PETER hath bene set and wherein now Anastasius sitts And againe To PETER hath succeeded Linus to Linus ClemeÌt to ClemeÌt Anacletus to Anacletus Euaristus Of the Canon of the Councell of Nicea touching the gouernment of the Patriarches CHAPT V. HAuing dispatched the difficulties of the Scripture and of the Fathers coÌcerning S. PETERS staie at Antioch Rome there remaines to solue the obiections that the aduersaries of the Church make against what wee haue said of the Popes superioritle ouer the other patriarkes whereof the principall is taken froÌ one of the CanoÌs of the couÌcell of Nicea which ordaines that the ancieÌt customes obserued in Egipt Lybia and Pentapolis should goe on to witt that the Bishop of Alexandria should haue the power of all those things because it was also so accustomed to the Bishop of Rome Now the aduersaries of the Church doe more willing lie make vse of the Councell of Nicea in such like cases then of anie other because the actes of the Councell of Nicea which if wee had them might cleere the sence of the Canons of the same Councell are loste that there remaine to vs of the acts of the first fowre generall Councells no more but those of Ephesus and of Chalcedon And therefore wee must supplie what wants in the breuitie and omission of this Canon by conferring it with the acts of the other councells or by the examination of the histories of their ages To this obiection then wee bring two Answeres the first is that it hath alreadie bene aboue shewed in the Chapter of the patriarkes that the pope had two distinct qualities the one of patriarke of the West the other of head of the Church vniuersall as the Prefect of the Cittie Presecture by which the aduersaries of the Church would measure the spirituall IurisdictioÌ of the Pope who had 2. distinct qualities the one of pre fect of the Cittie Prefecture in which he was equall to the prefect of the other prouinces the other of head of the senate Vicar of the Emperor in which he was superiour to the prefects of prouinces and iudged by appeale of the cause of all their IurisdictioÌs By meanes whereof although in things that concerned but the patriarchall IurisdictioÌ as were the celebratioÌ of prouinciall or nationall couÌcells the correctioÌs of maÌners of the simple priests or deacoÌs the confirmatioÌs either mediate or immediate of the Bishops of the Patriarkship and the subalterne iudgements of the causes euen of Bishops All the other Patriarkes were squared out by the modell and paterne of that of Rome neuerthelesse when there question of things that went beyond the limitts of Patriarchall iurisdiction that is to ãâã of Maior causes and which conuerned the vniuersall Church as were causes of Faith or generall customes of the Church or those of the finall depositions of Bishops or that of the iudgements eueÌ of the persons of the Patriarkes the Bishop of Rome as head of the Church and superintendent of the other Patriarkes exercised Ecclesiasticall Iurisdiction ouer theÌ and iudged of their iudgements and persons And therefore when the couÌcell of Nicea ordained that in Egipt Lybia and Pentapolis the Bishop of Alexandria should remaine in possessioÌ of the authority he had for all the causes whereof the councell theÌ spake that is
that he would haue brought vnder the Patriarkships of Alexandria and of Antioch from whence it is that the same Pope Leo reproached it to him that he had packed this decree not simplie to exalte his ranke but to increase his power This thy fault said hee which to augment thy power thou ãâã committed as thou saist by the exhortation of others thy charitie had better and more sincerely blotted out if thou hadst not imputed that which could not be attempted without thy will to the onely Councells of thy Clergie And elsewhere After the vicious beginnings of thy promotion after the ordination of the Bishop of Antioch which against the rules of the Canons thou hast attributed to thy self I am greeued that thy dilection hath fallen so farre as to insringe the holy Constitutions of the canons of Nicea as if thou hadst watched a time for thy purpose wherein the Sea of Alexandria was fallen from the priuiledge of the second honor and wherein the Church of Antioch had lost the proprietie of the third dignitie to the end that those places being subiected to thy iurisdiction all the Metropolitans might be depriued of their proper honor And was it not vnder this pretence that the Patriarkes of Constantinople attributed to themselues the appeales from other Patriarkes That which was defined saith Balsamon in the Councell of Sardica for the Pope concerning appeales ought also to be extended to the Patriarke of Constantinople for asmuch as hee hath bene by diuers canons meaning the canon of the Councell of Chalcedon and that of the Councell Trullian honored in the same sort as the Pope And againe This priuiledge belonges not to the Pope alone that euerie Bishop being condemned should haue recourse to the Sea of Rome but it ought also to be vnderstood of the Patriarke of Constantinople And Nilus Archbishop of Thessalonica the twentie eight canon of the Councell of Chalcedon and the thirtie sixth of the sixth Councell honoring the Sea of Constantinople with the same priuiledges with that of Rome grant also manifestly the appeales to that of Constantinople And in briefe was it not vnder this very pretence that when Gregorie Patriarke of Antioch had appealed to the Emperor and to the Councell from the persecutions of the Gouernors of Syria John Patriarke of Constantinople presumed to call a generali Councell of the Church of the East and to assigne the other Patriarkes and Metropolitans of the Empire of the East to be there and there to iudge with them the cause of Gregorie and there to intitle himself vniuersall Bishop Now is not this to protest that before that Constantinople was erected into the title of second Rome and that the Councells of Constantinople and Chalcedon had made this pretended extension of the priuiledges of the Bishop of Rome to him of Constantinople the vniuersall primacie and superintendencie of the Church belonged to the Pope For to say that at least it appeares from these words of the Councell of Chalcedon The Fathers did iustlie exhibit the priuiledges to the Sea of the ancient Rome for asmuch as that cittie had the Empire and the hundred and fiftie Religious Fathers moued with the same consideration ãâã attributed equall priuiledges to the holy Sea of the Cittie of ãâã That the cause wherefore the Fathers which had preceded the first Councell of ãâã had giuen the primacie to the Pope was not the Succession of saint PETER but the dignitie of the cittie of Rome besides that heere the question is not of right but of possession nor of ãâã the cause wherefore the Fathers which liued before the first Councell of ãâã had granted the primacie to the Pope but to knowe whether indeede they had graunted it him when the Bishop of the Councell of Chalcedon said that the primacie had bene exhibited to the Church of Rome because the cittie of Rome was the Seat of the Empire they intended not that the dignitie of the cittie of Rome had bene the next conioyned and immediate cause of the primacie of the Bishop of Rome but the cause antecedent obiectiue and remote contrarywise the next and conioyned cause of the primacie of the Church of Rome they acknowledged to be the Succession of saint PETER as it appeares both by the title that they gaue to the Popes Epistle calling it the sermon of the Sea of saint PETER and by the protestation that they made that the Popes primacie was of diuine right and instituted by the proper mouth of our Lord when they said speaking of Dioscorus He hath extended his ãâã ãâã against him to whom the guarde of the vine was committed by our ãâã But the cause of the cause that is to saie the cause that moued saint PETER head of the Apostles to place and settle his Sea at Rome rather then in an other place they pretended to haue bene the dignitie of the Cittie By meanes whereof these two causes were not exclusiue but inclusiue one to the other As also the lawe of the Emperors ãâã Valentinian made six yeare before the CouÌcell of Chalcedon comoynes them in these wordes Three things haue established the primacie of the Sea Apostolicke the Merit of saint Peter who is the Prince of the Episcopall ãâã the dignitie of the Cittie and the Synodicall authoritie And to this there is no repugnancie in that which the Fathers of the same Councell argued also of the dignitie of the cittie of Constantinople and they alleadged that it was second Rome to inferr from thence the second place to the Bishop of Constantinople for they grounded not their instance simplie vpon the temporall dignitie of the cittie of Constantinople which was saith saint AVSTINE daughter to the cittie of Rome but also vpon the spirituall dignitie of the Church of Constantinople which was daughter to the Church of Rome forasmuch as a part of the Clergie of Rome were transferr'd to Constantinople with the other Roman inhabi tants when one of the halues of the Empire was transported thither that is to saie they did not leane onely vpon this that the Cittie of Constantinople was an other Seate of the Empire but vpon this that the Church of Constantinople was a Swarme and a collonie of the Church of Rome and the Episcopall Sea of Constantinople a member and part of the Sea Episcopall of Rome or rather one and the same Sea Episcopall and one and the same Throne of saint PETER with that of Rome as Iohn Patriarke of Constantinople protesteth to Pope Hormisdas in these words I esteeme the Church of your ancient and this new Rome to be one self-same Church and I make account that that Sea of saint Peter and this of this Imperiall cittie is one selfe same ãâã And as it seemes the title of the lawe of the Emperor ãâã ãâã it when he calls the Sea of Constantinople the Sea ãâã and Zonarus when he saith that in the tyme
the troupe of the Councell was not he there S. NICHOLAS Bishop of Myra in Lycia a man for manners and for miracles Apostolicall was not he there And if wee speake of credit and estimation with the Emperor euen he whose credit wee learne from Osius to witt Eusebius Bishop of Cesarea in Palestina whoÌ the Emperor from his childhood had knowne in the East and whom he testified in his conceit to be worthie of the Bishopricke of the whole earth and to whom besides so manie other letters and markes of familiaritie he directed the first commission for the re-establishment of the Churches in the East and the charge of the transcription of the sacred bookes for the Churches of Constantinople was not he there Eusebius Bishop of Nicomedia who afterward baptized the Emperor and who was Metropolitan of the prouinces where the Councell was held and Bishop of the Seate of the Empire in the East and of the cittie where the Emperor resided a man say Socrates and Sozomene indued with great authoritie and very prudent and honored in the pallace of the Emperor for the ecclipse of his fauour with the Emperor happened not till after the Councell and lasted but a moment was not he there Alexander Bishop of the future Imperiall cittie of Byzantium conuerted by exchange of name into Constantinople was not he there Paphnutius of whom Socrates saith the Emperor honored him extraordinarily and kept him ordinarily in his Court was not he there Protogenes Bishop of Sardica to whom the Emperor had addressed his first lawe for the manumission in Churches and to Osius the second lawe was not he there And if wee speake of learninge the same Eusebius Bishop of Cesarea of whom the Emperor said that he more then admired his knowledge and his studies was not he there Alexander Patriarke of Alexandria whom Theodoret calls the admirable Bishop was not he there Eustachius Patriarke of Antioch who made the oration of the Councell and whom Sozomene intitles the miracle of eloquence was not he there And if wee speake of reuerence for age the same Alexander of Alexandria whom the histories of the Councell call the old man and whom the epistle of the Councell exalts for hauing at that age sustained so manie labours was not he there Alexander Bishop of Constantinople of threescore and three yeares of age whether he were then Bishop in cheife or as the Patriarkes of the Church of Constantinople will haue it Coadiutor and Legate of Metrophanes yet elder then himself was not he there And if we must speake of the antiquitie of promotion Zeno whom saint EPIPHANIVS calls antique Bishop of Phenicia euill qualified by the lists of the signatures of the Councell Bishop of Tyre was not he there Eusebius Bishop of Nicomedia before Bishop of Berith whom saint EPIPHANIVS calls the ancient old-man of Nicomedia was not he there And in briefe an infinite number of other Bishops that Eusebius for the antiquitie aswell of their age as of their promotion comprehends in the first clause of this passage some where honored because of their length of tyme others flourished in the rigor of their age and spirits others were newly entred into the course of their charges were not they there For that in the Councell of Sardica the age of Osius was accompted amongst those things that purchased him Reuerence that was more then twentie yeare after the Councell of Nicea And that saint ATHANASIVS calls him the Father of Bishops and saith he died a centenarie it was neere fortie yeare after the Councell of Nicea But if none of these what personall qualitie soeuer he had noe not Alexander Patriarke of Alexandria whom the Epistle of the Councell calls the master of the Councell that is to saie Master for sufficiencie did aduance himselfe a finger breadth beyond the degree of his dignity for what cause should Osius for his particular coÌditioÌs haue bene President of all the Assemblie For to saie Osius presided there as the Emperors deputie the Emperor was in person at the Councell and so could haue noe deputy and besides that he presided not there but was sett there beneath the Bishops and in a lower Seate and after he had attended and desired the leaue of the Bishops to shew that in matter of Religion he was of the number not of the Iudges but of those that were to be iudged And in the sirst Councell of Arles where the Emperor Constantine assisted also in person and Osius with him as it appeares by the reproches of the Donatists against the Iudges of that Councell wherein Osius was inwrapped not onely Osius who was alreadie then in as great Credit with that Emperor witnesse the Epistle of the iudowing the Churches of Africa did not preside there but euen in the letter of the Councell was not placed amongst the first Bishops but comprehended vnder the curtaine of silence with the troupe and multitude of the Bishops And in the Councell of Sardica where Osius presided aswell as at the Councell of Nicea he was so euill willed by Constantius the Lord of the Empire who was an Arrian that he could not be said there to preside in qualitie neither of a fauorite or of a Deputie to the Emperor contrarywise the care he had to make himself Procurator and Promoter of the Popes Rights and the instance he made for the appeales to the Pope and for the honor of saint PETERS memory and the iustificatiue relation of the Councells which Protogenes Bishop of Sardica and he dedicated to the Pope and the protestation that he and the other Bishops inserted into the Epistle of the Councell to the Pope to hold him for head of the Church and to acknowledge That it was a conuenient thing that from all Prouinces of the earth the Prelats of God should referr all affaires to their head that is to saie to the Sea of the Apostle Peter shew sufficiently that it was from the part of the Pope and not of the Emperors that he presided there And from this it derogates not that saint ATHANASIVS makeing the recitall of the signatures of the Councell of Sardica puts the signatures of Osius without a title of Legation and before that of the Pope in those words Osius of Spaine Iulius of Rome by Archidamas and Philoxemus For besides that this recitall followes not the rankes of the dignities as it appeares by Nessus an African Bishop who is placed there before Gratus Archbishop of Carthage And moreouer that hee vseth this order for as much as Osius signed the Epistle of the Councell immediately and by himselfe and the Pope mediatelie and by another the legates of the Pope who were Bishops had a vote of their owne in the Councell and the Priests not From whence it is that when the legations of the Pope and of the Councell of Rome were
distinct as in the sixth generall Councell the legates of the Councell of Rome because they where Bishops tooke the qualitie of difinitors and signed in this forme Iohn vnworthie Bishop of the holy Church of Port and legate of all the Synod of the holy and apostolicke Sea of the cittie of Rome I haue defined and subscribed And the Legats from the particular person of the Pope abstained from it and signed thus Theodorus humble Priest of the holie Church of Rome and holding the place of the most blessed and vniuersall Pope of the cittie of Rome Agatho I haue subscribed Now saint ATHANASIVS had an interest not to diminish the number of those that voted for his iustification in the CouÌcell of Sardica and not to loose that of Osius For this cause then he procured him to signe not as a simple reporter of the Popes voice but as hauing right himselfe to vote and say his opinion in the Councell and reserued to Archidamus and Philoxemus who were but simple Priests and had noe voice of their owne in the Councell the office to represent the voice and the signature of the Pope and in truth with what a face could Osius haue accepted to preside in the Councells whether of Nicea or Sardica in the behalfe of the Emperors he that writt to the Emperor Constantius Goe not about to meddle in Ecclesiasticall affaires and commaund not vs in such matters but rather learne of vs God hath committed the Empire to thee and the gouernment of the Churches to vs. And S. ATHANASIVS How could hè haue past without censure hee that cries out that an Emperor presiding in Ecclesiasticall iudgements is the abhomination foretold by Daniell For that afterward in the Councell of Chalcedon the Emperor Marcian presided the Fathers of the Councell declared that it was not for things Ecclesiasticall but for order and temporall policie to the end to hinder such seditions as had happened in the false Councell of Ephesus and testified that the presidencie of the Emperor whas not of the essence of the Councell as that of the Pope but onely for comelynesse and ornament Thou gouernest vs there said they to the Pope ãâã the head doth the members contributing thy good will by those that hold thy place and the faithfull Emperors presided there for ornament or to cause good order to be obserued there And in the sixth generall Councell holden vnder the Emperor Constantine Pogonat it is said in the Rolle of the causes of the Laycks the most religious and Christian Emperor presiding that hath reference not to the assemblie of the Synod but to the assemblie of the Senate and of the imperiall offices For there were two distinct assemblies in the hall of the Councell the one that of the Senators and officers of the Empire wherein the Emperor presided and the other that of the Synod of the Bishops wherein the Popes Legats presided as it appeares both by the verball processe of the Councells which after it had decreed the assemblie of the officers of the Empire added the holy and generall Councell being also assembled called by the imperiall ordinance in this Royall and God-protected Cittie to witt the most reuerend Priests Theodore and George and the most Reuerend Iohn the deacon holding the place of the most holy and sacred Archbishop of old Rome Agatho and George the most holy and sacred Archbishop of this famous cittie of Constantinople new Rome And by the protestation that the same Emperor sent to Rome for the holding of the Councell in these wordes I will not sitt as Emperor with them and I will not speake Emperiouslie but as one of them and what the Prelates shall ordaine I will execute And finally by the modestie which he vsed in the signatures in signing last and after all the Bishops For whereas in the false Councell intituled Trullian the Emperor Iustinian ãâã his sonne signed contrary to his Fathers modestie before all the Prelates it was an irregular action and done in an erroneous and illegitimat Councell as it shall appeare hereafter And then if creditt with Emperors should haue giuen anie Bishop the prerogatiue to preside in Councell what Bishop had euer more credit with the Emperor Constantius then ãâã Bisohp of Murses to whose meritts and not to his Souldiers valour he said he ought the victorie ouer MagneÌsius and the preseruation of his Empire And vpon whose industrie and counsells he depended in all affaires of Religion Who not witdstanding neuer presided in anie one of the manie Councells holden vnder Constantius Or what Bishop had euer more creditt with the Emperor ãâã then Theodorus Archbishop of Cesarea in Cappadocia who was his deare and trustie Counsellor and Assessor or rather the soule and Oracle of all his Counsells who notwithstanding presided not in the fifth Generall Councell but sate there in his simple ranke of Metropolitan belowe all the Patriarks and legates of the Patriarkes Now if Osius had presided in the Councell of Nicea for the meritts and conditions of his person must not the election haue bene made before by a solemne and authenticall act in the Councell or if he had presided there by delegation from the Emperor must not the same Emperor haue signified it and inrolled his commission in the Councell for if they saie there is noe mention found of it because the acts of the Councell are lost wherefore should they rather exact testimonies of the delegation of Osius by the Pope then by the Emperor and not content themselues that the analogie of the ancient Ecclesiasticall order and that which is saued from the Shypwracke of the acts of the Councell in the memorie of the following ages and hath bene collected by Dalmasius or others yet more ancient and by Gelasius of Cyzica Greeke and Thrace authors the one writing a hundred yeare the other an hundred fiftie after the CouÌcell of Nicea and the Confession of the latter and Schismaticall Greekes themselues as ãâã and others doe plainely informe vs of it in affirming that Osius was ãâã legate with Vito and ãâã And that saint ATHANASIVS and Socrates doe tacitly informe vs so in setting Osius Vito and ãâã in one and the same place and before the second Patriarke For where ãâã and after him Socrates and Sozamene saie that from before the Councell of Nicea the Emperor Constantine had sent Osius from Nicomedia into Egipt to assaie to pacifie the difference of the Church of ãâã which commission happened not seauen yeare ãâã the Councell of Nicea as they conceiue that would salue the actes intituled from Siluester but the next yeare before the Councell of Nicea as it appeares by Sozomens historie who putts the calling of the Councell of Nicea presently after the returne of Osius what can assure vs that it had not bene with the aduise and authoritie of Pope Siluester or rather what can assure vs that it
the Bishop of Milan and the Bishop of Aquilea hauing bene in such sorte equalls paralells vntill the tyme of ãâã as when the Bishopricke of Milan was vacant as Pope Pelagius the first tyme-fellowe to Iustinian notes it the Bishop of Aquilea ordained him of Milan And when the Bishopricke of Aquilea was vacant the Bishop of Milan ordained him of Aquilea by meanes whereof each of them in his Diocesse had his ranke before the other and in anie third place the ancienter of the two preceded as at the Councell of Rome S. AMBROSE preceded Valerian and at the Councell of Aquilea Ualerian preceded S. AMBROSE It is true S. AMBROSE disputed there more then the rest because of his learning And Aurelius Bishop of Bologna after him which deceiued the author of Synodica publisht by the Minister Pappus a greeke author meanely instructed in latine affaires many others with him But he presided not there if we giue credit to the actes of the Councell which are couched in these termes Under the consulship of Eucherius and Euagrius in the nones of September there were sett in the Church of Aquilea Ualerian Ambrose Eusebius Limenius and others And then if he had presided there to what purpose was it to interpret that it was for the fauour the Emperor bore him Was not S. AMBROSE an Archbishop Archbishop of Milan a cittie saith S. ATHANASIVS metropolitan of Italie that is to saie not of all Italie but of that part of Italie which was subiect to the pretoriall Prefect of Italie and which was particularly called Italie to distinguish it froÌ the prouinces subiect to the Prouost or Vicar of Rome and therefore what meruaile had it bene that the Councell of Aquilea being celebrated in the metropolitan cittie of Istria which was one of the prouinces of Italie and subiect to the Vicar of Italie that is to saie to the Vicar of the Prouost of the Pretory of Italie in Italie and the Pope not being there neither by himselfe nor his Legates if S. AMBROSE who was both the most ancient Archbishop the Archbishop of Milan metropolitaÌ of Italie had presided there And secondly the councell of Aquilea which lasted but halfe a day was not a generall councell but a particular Councell compounded onely of the Bishops of Lombardie of Prouence of one Bishop of Illiria and of some deputies of Africa of the Gaules for there were in all but thirtie Bishops amongst which there was but one onely Legat neither of the Pope nor of the other Patriarks Now how could it be generall if there were noe Bishop of the East nor any Patriark nor Patriarkes Legat Nay how could it be generall since the onely reason that Palladius the hereticke made that he would not answere there was that it was not a generall Councell Wee haue promised said hee that wee will proue that we are Christians but in a generall Councell wee answere you not least wee should preiudice a future Councell Nay how could it haue bene vniuersall since the Fathers of the Councell themselues confessed in their Epistle to the Emperor That is was not reasonable that for two wretched hereticks the Churches of the whole world should be abandoned by their Bishops Nay how could it haue bene generall since the same yeare the generall Councell of Constantinople was celebrated for the Councel of Aquilea was held in September vnder the consulship of Euagrius and Eucherius and the Councell of Constantinople was assembled the same yeare not in the month of May as Socrates and those that haue followed him haue conceiued but vpon the end of Autumne as it appeares by the words lately cited from ãâã and by the verie epistle of the Councell of Constantinople to the Pope where the Fathers testified that the Councell of Constantinople had bene called after the holding of that of Aquilea It is true it had bene proiected at the beginning to haue holden a larger Councell at Aquilea but because the aduersaries were not iudged worthie that for them there should be called a quantitie of Bishops necessarie neither for a generall Councell not for a Patriarchall Councell the Pope not onely abstained from sending but also presently after the celebration of the Councell of Aquilea as being nothing lesse then vniuersall set himselfe to cause a generall Councell to be celebrated and to this effect called by his letters addressed to the Emperor Theodosius the Bishops of the East to the Councell of Constantinople Witnesse these wordes of the same Bishops to Pope Damasus Wee were come to Constantinople at the arriuall of the letters from your Reuerence sent after the Councell of Aquilea to the most religious Emperor And held himselfe a Councell of the Bishops of the West at Rome where assisted the chiefe of those that had bene at Aquilea And amongst others saint AMBROSE Archbishop of Milan and Valerianus Archbishop of Aquilea and in the which presiding he approued what had bene done at Constantinople and by this approbatron made the Councell of Constantinople ãâã For whereas it is ãâã that in this concourse of Councells it was not the Councell of Rome whereat the Pope was present that obteyned the title of a Generall Councell but the Councell of Constantinople It sufficeth to saie that it was because the Simbole of faith which was published there against Macedonius was composed in the Councell of Constantinople whereat there assisted the Bishops of the Prouinces where the question was disputed and was but confirmed and not composed at the Councell of Rome and that the Councells oecumenicall by concourse tooke their name from the place where the Simbole of the Faith was composed and not from the place where it was onely confirmed Of the calling of Councells CHAPT XV. THere followeth the calling of Councells that Caluin affirmes to haue bene onely done by the Emperors The Generall Councell saith Caluin was neuer declared but by the Emperor and the Bishops were called by his authoritie Now from whence doth he inferre this Vpon this that the Councells bare on their brow the conuocations of the Emperors Fine and subtile logiquel as if it had bene an incompatible thinge that the Emperors should call the councells in regard of temporall authoritie to make them obligatorie to the secular Tribunall and executory by the ministrie of the officers of the Emperor and to take away the crime of treason and the hinderance of politicke lawes which forbad them to make anie assemblies but with permission of the Emperors And that the Popes without whom said Socrates the Churches cannot be ruled or according to the translation of Epiphanius followed by Cassiodorus the councells cannot be celebrated should call them in regard of spirituall and Ecclesiasticall authority But rather as if it had not bene a thing perpetually vsed and practised that the spirituall authoritie of the Popes should be required with the temporall authoritie of the Emperors that
if there had bene any generall Councell holden vnder the Pagan Emperors the Christians had bene obliged in conscience and to the spirituall Tribunall of the Church though it had not bene called by them And that if the Turke should euer make himselfe vniuersall monarch of the world and that there should be a generall Councell holden vnder ãâã Empire the Christians should be obliged in conscience and to the spirituall Tribunall of the Church though it were not called by him And then if the authoritie necessarie to make generall Councells obligatorie in conscience ought to be perpetuall and alwaies to haue place how can that be by imperiall authoritie which hath bene deuided into soe manie parcells as at this daie in a manner the least part of it belonges to the Empire For the conuocation of the pluralitie dispersed must depend from an vnitie and from an vnitie that hath authoritie ouer euerie indiuiduall of the pluralitie as the ancient Emperors themselues acknowledged that of the Pope to be when they ordayned That euery Bishop that being called to the Popes iudgment should ãâã to come should be constrained by the Gouernor of the Prouince to appeare And therefore as often as our aduersaries crie out such an Emperor called such or such a Councell so often they loose their tyme and their labour For wee are agreed that whilst the Emperors were Monarchs of the world or of the greater part of the world they called them all in regard of temporall authoritie but we saie besides the secular authoritie of the Emperor which was necessarie to make the conuocations of Councells authenticall temporally must an other authoritie interuene to witt a spirituall and ecclesiasticall authoritie to make it lawfull and authenticall spirituallle and to make that the Councells may be said to be called from God and obligatorie in conscience and to the Spirituall Tribunall of the Church Now that we maintaine to haue bene the authoritie of him who was the principle center of ecclesiasticall vnitie and the head of all the Bishops and without whose sentence it was vnlawfull to make definitiue lawes in the Church to witt the Pope whose authoritie for this regard ought to concurr with the authoritie of the Emperors either actuallie or virtuallie I said either actuallie or virtuallie for as much as it sufficed for the spirituall validitie of the conuocation of Councells that the Popes did either call them or cause them to be called or approued their conuocation For when the Emperors called them either at the Popes instance or with the consent and approbation of the Pope the spirituall conuocation of the Pope was alwaies reputed to interuene as also the Catholicke Emperors and which abstained from tyranizing ouer the Church neuer called them but wheÌ the Pope required it of them or they required it of the Pope And when they were required by the Pope they were alwaies readie to call them although that for the places where they should be celebrated the Emperors because of the commodities or incommodities of the State reserued the election to themselues For whereas the Emperor Constantius refused Pope Liberius who demaunded of him that a generall Councell might be holden for saint ATHANASIVS cause it was the refusall of an Arrian Emperor noe lesse an enemie to the Sonn of God then to saint ATHANASIVS And whereas the Emperor Arcadius refused Pope Innocent who sent saith Sozomene fiue Bishops and two priests of the Roman Church to the Emperors to demaund of them a Councell for the cause of saint Chrisostome and sent saint CHRISOSTOME into a more remote banishment it wasatyrannicall act of an Emperor possest by the Enemies of this holy man For this then the temporall conuocation of the Emperors was necessary to wit that the ministers of the Empire who were obliged by the politicke and imperiall lawes not to suffer anie assemblies without the Emperors permission should not hinder them that the Estate should haue noe colour of iealousies and that the officers of the cittie should furnish the charges Staples and transportations of the Bishops and that the Councells should be kept at the expences of the imperiall Exchequer and that finallie the decrees of Councells might be obligatorie to the secular Tribunall and executory temporallie and by the Ministrie of the politicke Magistrate but not that the conuocation of the Emperors was of the essence of the Councell as that of the Popes was nor serued to make them obligatorie in conscience and to the spirituall Tribunall of the Church noe more then the Presidency of the same Emperors at the Councells either by themselues or their Officers was of the essence of the Councells as that of the Pope was but onely for comelynes and ornament and for keepeing order and temporall policie witnes this language of the Councell of ãâã to Pope LEO the first Thou didst preside by thy legates in the Councell as the head to the members and the Emperors presided there for seemelynesse and ornament striuing with thee as Zorobabel with Iesus to renew in doctrine the building the Ierusalem of the Church For what meanes this comparison of Pope LEO with Iesus high Priest of the Iewish lawe and of the Emperor Marcian with Zorobabel Prince of the Iewish people but that there was like analogie in Christian Religions betweene the Pope and the Emperor for the holding of Councells as there was in the Iewish Church betweene the high Priest which was Iesus and the Prince of the people which was Zorobabel for the building of the Temple that is to saie that the one to witt the Pope should concurr there as head of the Priesthood and spirituall iurisdiction and the other to witt the Emperor should concurr there as head of the politicke and temporall iurisdiction and therefore when there is question of the calling of Councells there must be a distinction betweene the spirituall calling of Councells and the temporall calling of Councells that is to saie betweene the conuocation necessarie to make their assemblie authenticall temporallie and the conuocation necessarie to make their assemblie authenticall in conscience and spirituallie In the first case there was nothing to be determined betweene the Popes and the Emperors for none doubtes but the authoritie necessarie to call generall Councells temporallie and to make them executory by the secular arme was the authoritie of the Emperors noe more then at this daye anie doubtes but the authority necessary to make the conuocation of Nationall Councells authenticall temporally must be that of the Kings or Princes within whose estates they are to be holden In the second case there was yet lesse for as much as it is euident that the authoritie necessarie to legitimate in conscience the conuocation of Councells and to make them obligatorie spirituallie must be a spirituall and ecclesiasticall authoritie a temporall Magistrate not being able to conferr anie spirituall authoritie to Councells And indeede when the Emperors haue pretended
that were admitted into her communion were admitted into the Communion of the whole Catholicke Church and that those that were seperated from her communion were seperated from the communion of the whole Bodie of the Catholick Church Of the oppositions of saint Cyprian CHAPT III. THE second instance of Caluin is taken from saint CYPRIAN and consistes in seauen heades produced by him or by his disciples The first that saint CYPRIAN calls Pope Steuen Brother The second that he complaines because Basilides a Bishop of Spaine hauing bene deposed by a Synod of his Prouince for hauing bowed vnder persecution and an other hauing bene ordained in his place Pope Steuen restored him The third that he saith there were but a small number of lost and desperate persons who beleeued that the authoritie of the Bishops of Africa was lesser The fowrth that he saith that the ecclesiasticall causes ought to be determined where they were bredd The fift that hee affirmes that the Episcopall power is one thing whereof euerie one holdes his portion vndiuidedly The sixth that hee cries none of vs constitutes himselfe Bishopp of Bishopps And the seauenth finallie that he vseth rude wordes against Pope Steuen and accuses him of ignorance and of presumption To the first then of these heades which is that saint CYPRIAN calls Pope Cornelius brother Wee answere he calls him Brother not to denie to him the superintendencie of the Ecclesiasticall gouernement but for two other causes The one to insinuate that the Popes superintendencie ouer other Bishops was not a Lordly Monarchie as that of temporall princes ouer their subiects but a gentle and brotherly Monarchie as that of an elder brother ouer his younger Bretheren which is the title that our Lord himselfe would beare when he made himselfe be called the first borne amongst manie bretheren and which is the memoriall of humilitie that God had giuen to the Kings of his people when he had pronounced Thou shalt take a king from amongst thy bretheren And againe that the kings heart may not be exalted aboue his bretheren From whence it is that the Scripture to represent this brotherly Monarchie as well in the Sacerdotall as in the politicke order saith in the first booke of Esdras And Iosua sonne of Iosedeck ãâã vp and the priests his bretheren and built vp the Altar of God And the other to signifie the vnitie of the communion that Tertullian calls the nomination of brotherhood and to shew that he spake not of the Antipope Nouatianus to whom the Schismatickes adhered but of the true Pope Cornelius and of Steuen his successor with whom the Catholicke Bishops communicated as Erasmus hath acknowledged vpon the same place of saint CYPRIAN in these termes The word BROTHER doth not there signifie equalitie but societie of Religion For that it was a familiar thing for ancient authors to vse the word Brother not to exclude the superioritie ãâã but to expresse the vnitie of communion it appeares by a thousand testimonies It appeares first by the testimonie of saint AMBROSE who calls the Bishop of Rome his holy Brother and neuerthelesse ' in the same place aduertiseth Theophilus Patriarke of Alexandria who was a committee from the Councell of Capua to iudge the cause of Flauianus Patriarke of Antioch to procure his iudgement to be confirmed by the Pope Wee conceaue said hee that you ought to reserr the affaire to our holy brother Bishop of the Roman Church for wee presume you will iudge soe as can not displease him And a little after that Wee hauing receaued the tenor of your acts when wee shall see that you haue iudged things soe as the Roman Church shall vndoubtedlie approue we will receiue with ioy the fruite of your examination It appeares secondly by the testimonie of the Catholicke Bishops of Africa who answered the Donatists in the conference of Carthage that Cecilianus Archbishop of Carthage had bene their brother Hee was saith saint AVSTIN our brother because of the communion of the Sacraments And neuertheles the Archbishop of Carthage was head and Superintendent of all the Bishops of Africa It appeares thirdly by the testimonie of saint AVGVSTINE who calls Aurelius Archbishop of Carthage his brother and neuerthesse saint AVGVSTINE was the spirituall subiect to Aurtlius and had bene made Bishop of Hippo by meanes of the dispensation that Aurelius had giuen to Ualerius to take him for coadiutor and himselfe acknowledged that he was obliged to execute his commaundemeÌts I haue said hee obeied thy commaundements my holie brother ãâã It appeares fowrthlie by the testimonie of Epigonius one of the Bishops of the third Councell of Carthage who calls the same Aurelius his brother and neuerthelesse acknowledgeth in the same place that Aurelius had superintendencie ouer all Africa It appeares in the fifth place by the testimonie of John Patriarke of Constantinople who writing to Pope Hormisdas intituleth him his Brother and neuertheles protests wee doe in all things followe the Sea Apostolicke and preach all that hath bene thereby decided And promise in the tyme to come not to recite amidst the sacred misteries the names of those that are seperated from the communion of the Catholicke Church that is to saie addeth hee that doe not altogether agree with the Sea Apostolicke And finallie it appeares by the testimonie of the Emperor Justinian who ãâã to Pope John surnamed Mercurius Wee demaund that your Fatherlie ãâã may declare to vs your intention by your letters directed to vs and to the most holie Bishop and Patriarke of this famous cittie your brother And neuertheles in the same Epistle and in the Epistle to the Patriarke of Constantinople he affirmeth that the Pope is the head of all the holie Prelates of God And the same may be said of the words Colleague or Fellow-Minister that the ancient Catholique Bishops sometimes attribute to the Pope not to weaken the Superioritie of the Gouernment but to designe the societie of the Ministrie and to shew that the faithfull and wise seruant that the Master hath substituted ouer the companie of his seruants to giue them their nourishment in due season is not Lord but fellowe Seruant to his fellowe Seruants For that the Fathers doe so vnderstand it it appeares by manie Examples It appeares first by the Epistle of the Synod of Alexandria where the Bishops of Egipt call saint ATHANASIVS Patriarke of Alexandria their Colleague who neuerthelesse was their head and had iurisdiction ouer all the Bishops of Egipt and Libia as it appeares both from the sixth Canon of the Councell which giues perfect authoritie to the Bishop of Alexandria ouer all the Bishops of Egipt Libia and Pentapolis And from the Remonstrance that the Metropolitans of Egipt made to the Councell of Chalcedon that they could enterprise nothing without the authoritie of the Bishop of Alexandria It appeareth secondlie by the Epistle of Proclus Archbishop
it is a comparitiue of positiue signification which hath noe other meaning but lesse then it should be that is to saie little or not great enough as when the same S. CYPRIAN writeh in the Epistle to Antonius If the number of Bishops resident in Africa seemed lesse sufficieÌt that is to saie not enough sufficient And the other that if it were a comparison of the comparatiue signification it should noe more haue reference to the Roman Church but to these wordes paucis desperatis perditis interpreting them in the ablatiue and not in the datiue and translating the period in this sence If it be not peraduenture that the authoritie of the Bishops constituted in Asrica who had alreadie iudged of them be esteemed lesse then a small number of desperate and lost men it seemes that the continuance of the period doth afterward declare which compares the number of the Bishops of Africa who had iudged of Fortunatus with those that tooke part with Fortunatus and not with the Roman Church in these wordes If the number of those that iudged of them the yeare past comprehending the Priests and deacons be reckoned it will be found there were more assistants present at the iudgement and at the examination of the cause then of those that tooke Fortunatus part And indeede if saint CYPRIAN had intended this word in a comparatiue signification and in regard of the Roman Church how could he haue said three lines aboue they presumed to saile to the Roman Church which is the Chaire of Peter and the principall Church from whence the Sacerdot all vnitie hath proceeded And how coul Optatus Mileuitanus an African as well as hee saie At Rome hath bene constituted to Peter the chiefe the Episcopall Chaire that in this onely Chaire the vnitie of all might be preserued And howe could saint AVGVSTINE an ãâã as well as either of them say That Cecilianus might despise the conspiring multitude of his Enemies that is to saie of seauentie Bishops of Africa assembled in the Councell of Numidia with him For as much as he sawe himself vnited by letters communicatorie with the Roman Church in which had alwaies flourisht the principalitie of the Sea Apostolicke and with the other Countries from whence the Ghospell came into Africa And againe That he doubted not but that Pelagius and Celestius who had bene iudged by two Councells of Africa whould more easilie yeild to the Popes authoritie drawne out of the authoritie of the holie Scriptures To the fifth head which is that the same S. CYPRIAN saith That there is but one Bishopricke whence euerie one holds his portion vndiuidedlie Wee answere hee vseth this language to insinuate that the Bishopricke cannot be possessed separatelie out of the vnitie and societie of the Episcopall Bodie but not to denie but that in the vnitie of this Episcopall Bodie the functions of Episcopall power are exercised in a more principall and eminent manner in the Roman Church then in the other Churches noe more then when wee saie that the soule is possessed by all the partes of the bodie inseparablie and vndiuidedly wee intend not to saie that for the exercise of her functions she resides not in a more principall and eminent fashion in the head then in the other partes otherwise why should hee call the Roman Church the Chaire of PETER and the principall Church and the originall of Sacerdot all vnitie To the sixth head which is that S. CYPRIAN saith in the Councell holden for the rebaptization of heretickes None of vs constitutes himself Bishop of Bishops Wee answere he speakes there onelie of the Bishops of Africa to whom hee directs his speach and whom hee exhorts to tell their opinion freelie in the Councell without being held backe by the respect of the authoritie that as Primate of Africa hee had ouer them And wee will add that if hee had holden this language euen to taxe and preueÌt the Pope obliquely who afterward condemned him the matter would be of noe weight for as much as this CouÌcell was an erroneous CouÌcell where S. CYPRIAN cast the foundations of the Donatists heresie and that as such it was not onelie condemned by the Pope and by all the rest of the Church but euen by those that had adhered to saint CYPRIAN witnes these wordes of saint ãâã The Blessed Cyprian stroue to auoide the myrie lakes and not to drinke of the strainge waters and vpon this subiect addressed the Synod of Africa to Steuen Bishop of Rome who was the twentie sixth after saint PETER but his strife was in vaine And finallie those that had bene of the same opinion with Cyprian sett forth a newe decree saying What shall wee doe Soe hath it ãâã deliuered to them by their Ancestors and ours To the seauenth head which is of the inuectiues that S. CYP. suffered to slipp out of his mouth after the contention that hee had with Pope Steuen for the rebaptizatioÌ of hereticks taxing him of ignorance and presumption Wee answere it is impietie in Caluin to alleadge them since S. AVSTINE holds them vnworthy to be reported and couereth them with this excuse The things which Cyprian in anger hath spread against Steuen I will not fuffer them to passe vnder my penn And we adde the resistance that Pope Steuen made to the error of S. CYPRIAN was the safetie of the church as saint Uincent Lerin witnesseth in these wordes Then the Blessed Steuen resisted with but before his Colleagues iudginge it as I conceaue a thing worthie of him that he should surmount them as much in Faith as he did in the authoritie of his place Of the Commission of the Emperor Constantine the Great for the iudgement of Cecilianus Archbishop of Carthage CHAPT IV. THe third instance of Caluin is taken from Optatus Mileuitanus and from saint AVGVSTINE who saie that the Donatists hauing accused Cecilianus Archbishop of Carthage and Felix Bishop of Aptunge his Ordinator and besought the Emperor Constantine who theÌ was resident amongst the Gaules to giue them Iudges of the Gaules the Emperor gaue them three Bishops of the Gaules whom he sent to Rome to iudge the affaire with Pope Melchiades But whom doth this Instance combate against but those that alleadge it For the Emperor being constrained by the importunitie of the Donatists and that as himselfe protested against all Ecclesiasticall order to giue them Iudges and hauing giuen them according to their demaund Iudges of the Gaules what could he more expressely doe to testifie the Popes authoritie then to remitt them to Rome and to ordaine that the same Iudges of the Gaules that hee had giuen them should transporte themselues from the Gaules to Rome to the end the cause might be ãâã at the Popes Tribunall and vnder the presidencie and direction of the Pope Was there a Stronger meanes to proue what wee reade in S. ATHANASIVS That antient custome of the Church was that the
causes of Bishops could not be determined till first the decision had bene made at Rome And ãâã ãâã That the Sacerdot all lawe required that those things which were constituted without the Bishop of Romes sentence should be annulled Neuerthelesse for as much as Caluin obiectes that if this cause had belonged to the Popes Ordinary iurisdictioÌ he ought not to haue iudged it by the Emperors commission it is necessarie to cleere it To this obiection then before wee ãâã the matter to the bottom wee will answere in forme of a prologue fiue thinges first that it was not a commission except in regard of the three Assessors of the Gaules that the Emperor named to content the importunitie of the Donatists to the end that they might serue for ãâã warrants of the sinceritie of the proceedings of the Councell of Rome but a remittmeÌt as it appeares both by the Emperors confessioÌ who avowed that it beloÌged not to him to examin this cause by the electioÌ that the Pope made of fifteene other Bishops that he tooke for his assistaÌts besides those that the Emperor had nominated And therefore although S. AVG. in regard of the Donatists inteÌtioÌ sometimes calls this remittmeÌta delegation neuerthelesse hee sheweth sufficientlie that it was rather a relegation then a delegation when he notes that the reason wherefore the Emperor did it was for as much as he durst not iudge the cause of a Bishop Your Superiors said he to the Donatists first brought the cause of Cecilianus to the Emperor Constantine And a little after But because ãâã durst not iudge the cause of a Bishop hee delegated the examination and ãâã thereof to Bishops I add that hee vsed this language by Synecdoche and referringe the word delegation to the Iudges of the Gaules onelie that were deputed to assist at the Councell of Rome and not to all the Councell of Rome as hee witnesseth elsewhere by these wordes The Emperor gaue to the Donatists the Iudges that themselues had demaunded that is to ãâã the Iudges of the Gaules And againe Donatus was heard at Rome by the Iudges that himself had demaunded For of the ninteene Bishops of the Councell of Rome there were but three of the qualitie of those that Donatus had demaunded Donatus had demaunded but three but saint AUSTIN extendes this clause by Synecdoche to all the CouÌcell for as much as the three Iudges demaunded by Donatus had iudged in Common with all the Councell and were found soe conformable to the rest as the iudgement of the Councell which passed all with one voice and without anie diuersitie of opinions and theirs was one selfe same thing The second answere is that Constantine did not interpose his authoritie in this affaire as Maister by himself of the cause but as an Arbiter sought by the Donatists and assuringe himself as a Catholicke that he should be avowed by the Catholicks This Matter saith saint AVGVSTIN belonged greatly to the Emperors care whereof he ought to giue an accompt to God for the Donatists had made him arbiter and iudge of the cause of the tradition and of the Schisme From whence it appeares that the Emperors interposition in this cause was a matter of fact and not of right and whose example cannot be alleadged for a paterne of the ancient discipline of the Church The third that it was not a controuersie questioned amongst the Catholicks and according to the ordinarie lawes of the Church but a Sute commenced by the heretickes against the Catholicks and by waies extraordinarie to all the lawes and formes of the Church For the Donatists had alreadie broken the bond of vnitie and shaken off the yoake of the Churches authoritie They were saith saint AVGVSTIN alreadie culpable of the Schisme and alreadie stained with the horrible crime of the ãâã of Altar against Altar By meanes whereof there being noe iudge common betweene them and the Catholicks in the Church there remained nothing for them to doe but to haue recourse to the Arbitrements of the secular powers whose examples could noe more be drawne into consequence against the ordininarie authoritie of the Christian Church then the iudgment that Ptolomeus Philometor king of Egipt gaue betweene the Iewes and the Samaritans could forme a president against the ordinarie authoritie of the high priest and of the Sacerdotall colledge of the Iewish Church The fowrth that the cause questioned in this processe was not a cause of right and that should be proued by ecclesiasticall meanes such as the testimonies of Scripture or the traditions of the Apostles or the Custome of the Church or the sentences of the Fathers but a question of fact and whereof the hypothesis was mingled with accessories that belonged not to the causes of the Church and could not be examined by ecclesiasticall meanes onelie but must be iustified by human and secular meanes as the confronting of witnesses the acts of Notaries yea Pagan and heathen ones the Recordes of Clerkes and euen the applications of questions and corporall tortures For the accusation of the Donatists was principallie grounded vpon the framing of a false letter that they had forged against Felix Bishop of Aptunge for the examination whereof there must be a secular and proconsulary iudgement interposed betweene the ecclesiasticall iudgements that is to saie betweene the Councell of Rome and that of Arles to conuince the forgers of the falshood by the application of rackes and tortures Wee haue vndertaken saith saint AVSTIN the defence of the cause of Cecilianus although it belong not to the cause of the Churche that we may make their calumnies appeare euen in that And againe speaking of the torture which was offered to the scriuener Ingentius or Uigentius to make him confesse whether he had falsified the letter of the Aedile Alfius Cecilianus to Felix Bishop of Aptunge The Proconsull said hee amongst the fearefull cries of the vshers and the bloudy hands of the hangmen would not haue condemned a Colleague of his being absent And the fifth that all the actes that the Donatists extorted from the Emperor in this ãâã hee protested them to be soe manie irregularities and nullities and so manie vnlawfull enterprises vniust and extraordinarie wherein he suffered himself to be constrained against his will to giue waie to the passion and malice of the Donatists and in yeilding to them to assaie to reduce them to the peace and vnitie of the Church and he was soe ãâã from desiring to haue the example thereof serue for a lawe to the Bishops as contrarywise he promised to aske the Bishops pardon the historie is this The Donatists hauing accused Cecilianus Archbishop of Carthage of treason or communication with traytors that is to saie with those that had deliuered the holie Bookes and the sacred Vessells to be put into the fier in the persecution tyme yea euen to haue bene ordained by a traytor soe did they intitle Felix
iudgement should be obligatorie to the secular Tribunall and executory by the officers of the Empire and vnder the imposition of paines and temporall punishments but hee could not giue them Iudges in right whose Iudgements should bee obligatorie in conscience and to the Tribunall of the Church and should make those that contradicted culpable of spirituall censures and punishments And secondly the Donatists hauing specified in their request that they demaunded Iudges of the Gaules and that of purpose to exclude particularlie the iudges of Italie the Emperor harkening to their request and giuing them Iudges of the Gaules how had he sent them to Rome to iudge the cause with the Pope and vnder his Presidencie and direction who was hee against whom if wee giue creditt to the Donatists in the conference of Carthage their petition was principallie presented if hee had not acknowledged that the Pope was naturall and ineuitable Iudge of the cause Is there any likelyhood that the Emperor beeing resident amongst the Gaules and the Iudges whom he nominated for the Donatists being risident there that hee would haue sent them from about his person where they were to the Popes person from whom they were seperated by so large a distance of Sea and land to serue him for assistants if hee had belieued that it was himselfe and not the Pope that was the Naturall Iudge of the affaire To what purpose should he haue made the Donatists take so much paines who came to him out of Africa into Gallia and the three Iudges that hee graunted them who were also in Gallia to trauaile from thence to Rome if hee had not acknowledged that which wee read latelie in saint ATHANASIVS That the causes of the Bishops could not be determined till de decision had bene made at Rome And in Sozomene That those things that were constituted without the sentence of the Bishop of Rome were nullities And in saint AVGVSTINE vpon the same place that in the Roman Church had alwaies flourisht the principallitie of the Sea Apostolicke But let vs kintt vp our historie To these three Bishops nominated by the Emperor the Pope yet added fifteene more whose names Optatus reportes Merocles Bishop of Milan Florian Bishop of Cesena Zoticus Bishop of Quintian Stemnius Bishop of Arimini Felix Bishop of Florence Gaudensius Bishop of Pisa Constantius Bishop of Faensa Proterius Bishop of Capua Theophilus Bishop of Beneuentum Sauinus Bishop of Terracina Secundus Bishop of Preneste Felix Bishop of the three lodges Maximus Bishop of Hostia Euander Bishop of Ursin and Donatian Bishop of Foro-Clodi Now if the Pope had not bene iudge of this case but by deputation and that the Emperors addresse to him had bene but a simple commission and not a remittment how could he haue taken fifteene others Bishops for his assistants besides those that had bene nominated by the Emperor and Bishops of Italie also which was the prouince that the Donatists had principallie pretended to refufe by their petition And why did not the Donatists reproach to him that hee had exceeded the boundes of his commission For as for Caluins saying that the Emperor nominated Iudges out of Gallia Spaine and Italie it is an ignorance disproued by Optatus who affirmes that the Councell of Rome was compounded but of ninteen Bishops in all towitt of the Pope three Bishops of Gaules and fifteen Bishops of Italie and that there were noe Bishops of Spaine and teacheth vs that the Emperor nominated but onely three Bishops of the Gaules Iudges saith Optatus were giuen Maternus of Cologna Rheticius of Autun and Marinus of Arles And indeede how could the Donatists haue desired Iudges out of Spaine where the persecution had bene soe cruell Wherefore although S. AVGVSTINE extendes as farr as he can the Emperors commission to the iudges of the Councell of Rome of purpose to make that Councell not capable of refusall by the Donatists who hauing taken the Emperor for their arbiter it seemed they could not decline a iudgement wherein his authority had interuened yet he extends it noe farther then to saie that the Emperor sent Bishops to Rome to iudge the cause with Melchiades and neuer goes so farr as to say that he gaue commission to Melchiades or gaue him for a iudge Contrarywise speaking of the iudges giuen by the Emperor he restraines them as hath bene ãâã aboue noted to the Bishops of the Gaules onelie Iudges saith hee were giuen to the Donatists those that they had demaunded that is to saie the Bishops of the Gaules Insinuating thereby that the Pope was none of the iudges that were giuen and that the Emperors delegation extended it selfe noe farther then onely to the iudges of the Gaules which he had deputed to the end they might bee witnesses and colleagues of the Popes iudgement and did not comprehended the Pope From whence it appeares that when he said that the Emperor delegated the examination of Cecilianus his cause to the Bishops or that the Councell of Rome absolued Cecilianus by the Emperors commaundement he speakes by Synecdoche that is to saie by extending the part to the whole for as much as the Bishops delegated by the Emperor and enabled by the Emperors commission which was valid in respect of the Donatists that had sought it made a part of the Councell of Rome where Cecilianus his cause was examined a part so conformable to the opinion of the whole as the iudgement of the Emperors Commissioners and that of the whole Councell was one selfe same thing Otherwise we must conclude by the same reason that Donatus had demaunded for iudges all those that assisted at the Councell of Rome that is to saie both the Pope and the fifteene iudges of Italie for S. AVGVSTIN saith in the like wordes that Donatus was heard at Rome by the iudges that he had demaunded And yet it is certaine that Donatus had demaunded none but the three iudges of the Gaules yea with the exclusion of the others But S. AVSTIN saith that he had bene heard by the iudges that he had demaunded for as much as amongst the iudges that heard him were those that he had demaunded who being conformable in their opinions with the rest it was as much as if he had demaunded them all Let vs finishe our historie The Pope assisted by these eighteen Bishops three nominated by the Emperor and fifteen chosen by him iudged the cause of Cecilianus and iudged it soe soundlie as saint AVSTIN takes occasion from thence to call him the FATHER of the Christian People How innocent saith saint AVSTIN was the last sentence pronounced by the blessed Melchiades how intire how prudent how peaceable And a while after O blessed man ô Sonn of Christian peace and Father of Christian people From this iudgement of the Popes notwithstanding the Donatists appealed to the Emperor and that was the second irregularitie and so great and enormious an irregularitie that
Carthage was not holdeÌn the next yeare after the third councell of Carthage but a longe while after and by consequent ought to keepe the ranke of the fifth and not of the fowrth Councell of Carthage The other reason is that in the Epistle two hundred thirtie sixth written to Xantippus Primat of Numidia the same saint AVGVSTIN cites the canon by which those that had neglected to followe their cause a whole yeare together were excluded from goeing forward with it which is the twelfth canon of the fifth Councell of Carthage as a canon newlie instituted From whence it appeares that the fifth Councell of Carthage was holden after that that we call the fowrth For saint AVGVSTINE testifies that the yeare in which he writt this Epistle the Pasch should be the eigth of the Ides of Aprill I haue said he heard the cause of Abundantius there being yet a hundred daies to Pasch Sundaie which shall be this yeare the eigth of the Ides of Aprill This I haue had care to insinuate to your Reuerence because of the Councell and I haue not concealed it from himselfe but haue faithfullie aduertised him of what was there instituted that if within a yeare in case hee thinkes he should be prouided of a iudgement he neglect to pursue his cause none may after giue him audience Now Pasch neuer fell out vpon the eigth of the Ides of Aprill while Xanthippus was Primat of Numidia but the yeare of our saluation four hundred and two which was the yeare of the fifth consulship of Archadius and Honorius and consequently the fifth Councell of Carthage that had bene holden the yeare before fell out in the yeare foure hundred and one that is to saie in the yeare after the consulship of Stelicon which was two yeare after the yeares of the consulship of Honorius and Eutychianus in which the fowrth councell of Carthage had bene celebrated The fifth question is concerning the second Mileuitan Councell holden vnder the Consulship of Honorius and Constantius that the new publishers of the Councell of Africa pretend to haue made noe canons moued by three coniectures the first because in the Rapsody of the African canons there is noe mentioÌ made of this Councell The second because the canons that are thereto attributed are in part taken from the first Mileuitan Councell and in part from the Councell holden vnder the twelfth consulship of Honorius And the third that amongst the Canons that are thereto assigned there are some that cannot agree either with the place or tyme wherein it was celebrated To these three coniectures we haue also three answeres The first answere is that the Councell celebrated vnder the twelfth CoÌsulship of Theodosius against Pelagius Celestius was rather a repetition and confirmation of the Mileuitan councell which had bene holden the yeare before against the same heretickes then a new Councell By meanes whereof it must not be held strange if the African Rapsody whereinto the CouÌcell celebrated vnderthe twelfth consulship of Houorius is inserted hath not reported the Canons of the second Mileuitan Councell and principally the second Mileuitan Councell hauing bene but a prouinciall Councell of the Bishops of Numidia which had not the force of a nationall Councell of Africa but by the concurrencie of the Councell of the Proconsulary Prouince celebrated the same yeare at Carthage and by the emologation that was made thereof the yeare following in the generall Councell of all Africa assembled at Carthage For the Bishop Aurelius who is mentioned in the inscription of the Mileuitan Councell reported by saint AVGVSTIN is not Aurelius Bishop of Carthage but Aurelius one of the Bishops of Numidia whereof mention is made in the Councell holden vnder Cesarius and Atticus otherwise he could not haue bene put in the third place and named after Siluanus and Valentinus For Aurelius Bishop of Carthage presided in all the Episcopall assemblies of Africa as well at Carthage as out of Carthage as it appeares both by the commaundement read in the conference of Carthage which saith Aurelius Bishop of Carthage presiding and Siluanus Primat of Numidia and by the first Mileuitan Councell where Aurelius Bishop of Carthage presided and preceded Xanthippus Primate of Numidia Predecessor to Siluanus and Nicetius Primat of Mauritania Sitifensis and Valentine and all the other Bishops The second answere is that the writers finding in the African Rapsody the Canons and the preface of the fist Mileuitan Councell and belieuing there was noe other Mileuitan Councell but that that was holden against Pelagius and not being enough conuersant in historie to discerne them by the distance of dates haue mingled a part of the preface and of the decrees of the one with the text of the other And the third that the same Bookebinders finding the greater part of the canons of the Mileuitan Councell in the Councell holden vnder the twelfth consulship of Honorius and vpon this occasion conceiuing that the CouÌcell holden vnder the twelfth Consulship of Honorius was but a repetition of the Mileuitan haue added to the Mileuitan what they haue found more in the CouÌcell holden vnder the twelfth con sulship of Honorius and haue yet added thereto some other canons taken out of other Councells But that for this cause it followes that the second Mileuitan Councell hath made noe canons wee denie and denie it with the authority of the second Councell of Tours celebrated a thousand and fifteene yeares agone which cites the canons of the second Mileuitan Councells in these words It hath bene ordained in the ancient Mileuitan Canons that euerie Bishop that in case of necessitie etc. vailes a virgin before the age of twentie fiue yeare shall not be holden culpable of breaking the Councell were this number is prescribed Which are the very words of the twentie sixth canon of the Mileuitan Councell that we haue in our handes at this daie The sixth controuersie is concerning the duraÌce of the sixth Councell of Carthage which not onely the Protestants but the Illustrious Cardinall Baronius himselfe and the doctors of Collen which haue followed him in the last impression of the Councell will haue to haue continued fiue yeares to witt to the tyme of the Epistle of the Bishops of Africa to Pope Celestine which was written vnder the consulship of Victor and of Castinus And we contrarywise maintanie that it ended the same yeare wherein it began to witt the yeare after the twelfth Consulship of Honorius that is to saie the yeare of the Consulship of Monaxius and Plinta and thatall the assemblies which were made after vpon the subiect of appeales were as many distinct seperated Councells and for proofe of our intention wee will imploy two reasons the one that the Bishops of the sixth councell of Carthage protested that they would answere nothing concerning the appeales till the copies of the exemplifications of the councell of Nicea kept at Constantinople and in Alexandria
small number of Bishops there one onelie Bishop may come in legation and that in the same prouince a Priest may bee heard by fiue Bishops and a Deacon by three the proper Bishop of the Diocesse as hath bene aboue-said sitting with them Now the first clause of this decree is a traine of the second Canon of the third Councell of Carthage where after the Fathers had ordained that there should be sent to the nationall aniuersarie Councells three deputies from euery prouince they added this exceptation But from Tripolis because of the small number of Bishops there shall come but one onely Bishop From this canon then the Rapsodists of the sixth Councell of Carthage haue seperated and torne the traine from the head and haue set by an order reuersed the head which ordaines that there should come to the nationall Councells but three deputies from euery prouince in the eighteenth canon of their collection and the traine which excepts the prouince of Tripolis and the dispensation of sending but one deputie in the fourteenth that is to saie after the thirteenth with which it hath noe relation For that this exception hath bene made in the third Councell of Carthage and not in the fixth and that it is a traine of the second canon of the third Councell of Carthage it appeares both by the text of the third Councell of Carthage where it is in the same wordes by the CouÌcell of Carthage holdeÌ vnder the twelfth consulship of Honorius which preceded the sixth Councell of Carthage where it is said that Plautius was come onely Legat from the prouince of Tripolis according to custome a thing that euidentlie shewes that the exception of the prouince of Tripolis had preceded the sixth couÌcell of Carthage The other clause is an ignorant addition that the Rapsodist hath thrust in by which hee will haue it that in the prouince of Tripolis fiue Bishops with the diocesan that is to saie six Bishops might iudge a Priest not considering that in the prouince of Tripolis there was in all but fiue Bishops For that the Rapsodist meaneth fiue Bishops besides the Diocesan it is apparent by these wordes the proper Bishop as hath bene ahoue said being present Which remitts the Readers to the former canons where the diocesan Bishop is added besides the six Bishops that ought to iudge the Priests of the other Prouinces and by Zonara and Balsamon who saie interpreting this canon Hee meanes fiue Bishops besides the Diocesan Bishop which ought to preside at this act and that there was in all but fiue Bishops in the prouince of Tripolis it is manifest by the ninteenth canon of the third Councell of Carthage which is the sixteenth of the African Rapsody where Aurelius saith In Tripolis as it is affirmed or according to the Greeke as you know there are but fiue Bishops In the sixteenth Canon which is a confusion of fower articles all the articles are as soe manie canons of the third CouÌcell of Carthage bound vp and patched together without order one with an other and that cannot be presumed to haue bene transferred from the sixth CouÌcell of Carthage into the third as the new publishers of the councells of Africa pretend for as much as the most part of the same canons had bene instituted in the CouÌcell of Hippo which the first Mileuitan Councell testifies to haue bene repeated in the third Councell of Carthage In the seaueÌteenth canon the collection saith It hath pleased that Mauritania Sitifensis as it hath requested of the Primat of Numidia from whose Congregation it is now to bee subtracted should haue a Primat a parte which all Primates of African prouinces yea all the Bishops consenting thereto because of the length of the waie doe permitt to be so Now this canon could not be made in the sixth Councell of Carthage for more then twentie yeare before the sixth Councell of Carthage Mauritania Sitifensis had a primat apart as appeares both by the third Councell of Carthage which saith that there were none but the Prouinces indued with the first Seas that should send Legates to the Councells and neuertelesse names the Legates of Mauritania Sitifensis and by the first Mileuitan Councell where Nicetius is called Primat of Mauritania Sitisensis And therefore also Fulgentius Ferandus attributes this decree to an other Councell of Carthage In the eighteenth canon it is said Item it hath bene decreed that those that ordaine shall imprint the canons of the Councells in the eares of the Bishops or Clearks that are to be ordained wordes which are sillable for sillable in the third Councell of Carthage which cannot be said to haue bene traÌsferred thither froÌ the sixth as the new publishers of the CouÌcells of Africa pretend For Possidius reportes that it was saint AVGVSTIN who hauing perceiued that he had bene created Bishop of Hippo ioyntly with Valerius his Predecessor contrary to the prohibition of the councell of Nicea after his promotion caused the decree of reading the canons of the couÌcells to those that were to be promoted to be made To the same canon the Rapsodist aÌdds Item it hath pleased that the Eucharist shall not be giuen to the bodies of the dead c. and that the ignorance of Priests doe not cause men alreadie dead to be baptized For which cause it shall be confirmed in this holy Synod that according to the decrees of the councell of Nicea in ecclesiacticill causes which often decaie with age to the domage of the people there shall be called euerie yeare a councell whereto all the prouinces that haue Primats shall send from their councells two legates or as manie as they please that the authoritie may be intire in the companie assembled Which are two decrees the one taken from the sixth canon of the third councell of carthage which saith Item it hath pleased that the Eucharist shall not be giuen to the bodies of the dead c. And the other drawne from the second canon of the same third councell of carthage which pronounceth It hath pleased that for ecclesiasticall causes which often decaie with age to the domage of the people there shall be called euerie yeare a councell to which all the prouinces that haue prime Seas shall send three Legates from their councells to the end that the authoritie should be intire and the assemblie lesse subiect to enuie and lesse costlie to their hosts Now besides this that the last of these canons hath nothing common with the prohibition of giuing the Eucharist or baptisme to the dead with which the Rapsodist tyes it but speakes of causes attempted against ecclesiasticall persons And besides that the mention of the CouÌcell of Nicea which is ioyned thereto is wholie impertinent seeing the lawe of the Councell of Nicea is but of prouinciall Councells and not of Nationall it could haue bene neither made nor coÌfirmed
cutt it of froÌ the propheticall volumes and prohibited theirs from reading Now the Jewes could haue no faire colour to cutt of the Booke of ãâã from the rolle of the Canonicall Bookes but because it was not in ãâã Canon of Esdras a thing which likewise obliged them to cutt of all ãâã other Posthume bookes from the old restament so call I all the ãâã of the olde Testament which had bene writteÌ or published since ãâã of Esdras and after the death of Esdras as Ecclesiasticus the ãâã of Tobias the Booke of Iudith and the two Bookes of Machabees ãâã these causes then saint HIEROME tying himselfe to the catalogue of the Iewes vpon whose text and with whose helpe and particularly of a certaine Rabbin called Barabanus or Barhanina whom Ruffinus by way of reproch calls Barrabas he had made the translation of his Bible not only excludes in his prologue vpon the booke of Kings that he intitles the armed prologue and in his prologue vpon the Prouerbs all the whole bookes which were not in the canon of Esdras as were Wisedome Ecclesiacticus Tobias Iudith and the Machabees but also in his prologue vpon Daniell reiects all the partes of the canonicall Bookes not comprehended in the text of the Hebrowes as were the Canticle of the three Children and the historie of Susanna and that of Bel. The Booke of Daniell saith he amongst the Hebrewes containes neiter the history of Susanna nor the Himne of the three Children nor the fables of the Dragon of ãâã which neuerthelesse because they are spread ouer all the world we haue annexed thereto but after hauing marked them with an obeliske which precedes them and cutts their throate From whence it is that Ruffinus being growne his enemie reprocheth him thus All those then that supposed Susanna had furnished all married and vnmarried woemen with an example of Chastitie haue erred it is not true all those that conceaued that Daniel yet a child had bene fulfilled with the Spirit of God and had ãâã the adulterous Elders haue erred it is not true And the whole Church throughout the extent of the world as well as those that are still vpon the Earth as of those that are before our Lord be they holy coufessors be they holy Martyrs who haue sung in the Church of our Lord the Hymne of the thre Children haue all erred and sunge false things Now then after foure hundred yeares doth the truth of the Lawe bought with Siluer Soe he saith because saint HIEROM had giuen money to the Iewes to be helped by them in the edition of this Bible come to vs from the Synagogue And the third obseruation finally is that saint HIEROME being afterward more exactly instructed in the truth of the sence of the Church changed his opinion and retracted both in generall and particular all that he had written in these three prologues For in his Apologie against Ruffinus answering to his reproach about the historie of Susanna and of the Dragon of Bel and of the canticle of the three Children he saith Whereas I haue reported what the Hebrewes vsed to obiect against the historie of Susanna and the Hymne of the three Children and the fables of the Dragon of Bell which are not in the Hebrew volume c. I haue not explicated what I thought but what the Iewes were accustomed to saie against vs. And in his preface vpon the booke of Tobias The Hebrewes saith hee cutt of the booke of Toby from the Catalogue of the diuine Scriptures And againe The ie alousie of the Hebrewes doth accuse vs and imputes it to vs that against their Canon we transferr the booke of Toby into the latine eares but I iudge that it is better to displease the iudgement of the Pharises and to obay the commaundements of the Bishops And in the exposition vpon the fortie fourth Psalme Ruth Hester and Iudith haue bene so glorious as they haue giuen their names into the sacred volumes And in his preface vpon the historie of Indith The booke of Iudith said hee is read by the Hebrewes amongst the Hagiographs whose authoritie is esteemed lesse sufficient to decide contentious things c. but for as much as the Councell of Nicea is read to haue reckoned it amongst the holy Scriptures I haue obeyed your demaund Words which plainly retract what he had said in his Prologue vpon the Prouerbs As then the Church reads Iudith and Toby and the Machabees but receaues them not amongst the canonicall Bookes so may she reade Wisedome and Ecclesiasticus for the edification of the people but not for the confirmation of Ecclesiasticall Doctrines And which cannot be auoided by answering that the word holy Scriptures doth not there signifie Canonicall for the opposition that he makes of the Councell of Nicea to the Iewes which esteemed the Booke of Iudith amongst the Hagiograph bookes whose authoritie is reputed lesse sufficient to diuide contentious things stopps the mouth of that delusion And finallie in his commentarie vpon the Prophet Esay compounded long after the prologue armed he setts the historie of the Machabees amoÌgst the canonicall Bookes The Scripture saith he reportes that AlexaÌder king of the Macedonians came out from the land of Cethim Which some Latins that followed being ignorant of it befell that they were seperated from the common voyce of the westerne Church For although the greater part of the later Latine Doctors as Alcimus Bellator ãâã Isidorus haue followed the catalogue of S. AVS of the third Councell of Carthage and sett the historie of the Machabees amongst the canonicall Bookes yea that some of them as Bellator who liued in the tyme of the Emperor Iustinian the first haue illustrated it with coÌmentaries neuerthelesse some others not knowing that S. HIEROME had chaÌged his opinion haue tyed themselues to that of S. HIEROME But in summe whatsoeuer the later Latine doctors haue done it is certaine that in the Latine Church neuer anie before S. HIEROME had remoued the authoritie of the six posthume bookes of the old TestameÌt For whereas S. HILARIE in his commentary vpon the Psalmes coÌposed or rather as S. HIEROME saith translated by him out of Origene whilst he was in the East writes that the nuÌber of the canonicall bookes of the old TestameÌt is reduced according to the tradition of the Elders either to the number of the twétie two letters of the Hebrew alphabet or by the additioÌ of the Bookes of Iudith of Tobias to the nuÌber of twentie foure letters of the Greeke Alphabet besides that these markes are not the notes of S. HILARY but the notes of Origene in his coÌmentary vpoÌ the first psalme that S. HILARY hath transcribed in part into his prologue vpon the psalmes Hee meanes by the traditioÌ of the Elders not the traditioÌ of the Church but the traditions of the Iewes whereof some to wit
Africans to Pope Celestine I haue said the mocke-Councell of Rhemes for as much as the very Centuriators that caused it to be printed confesse it to haue bene a tyrannicall Councell holden at the instance of Hugh Capet to oppresse Arnulphus bastard Brother to the king Lotharius Legitimate and innoceÌt Bishop of Orleans And besides that it was disannulled three yeares after by the authoritie of the Sea Apostolicke and of Seguin Archbishop of Sens and with the consent of Hugh Capet himself Then whether the Latine text of these Epistles be a translatioÌ of the Greeke edition or whether the ancient latine originall being come to our hands hath bene corrupted be it by the ignorance of the Book-binders or by the malice of the ãâã is the thing in question And the causes of this doubt are that whereas in the copie of the African Canons the latine edition is much more correct then the Greeke in the copie of the Epistles contrarywise the Greeke edition is very correct and the latine most depraued and corrupt and the corruptions are such as seeme to proceede from the ambiguitie and misunderstanding of the Greeke wordes I will alleadge fiue patterns The first patterne shall be taken from the Epistle to Pope Boniface where the Greeke text speaking of the canons that Pope Zozimus had sent into Africa vnder the title of the Canons of the Councell of Nicea saith These things haue bene rigistred in the Acts till the more certaine Copies of the Councell of Nicea shall come in which if they be couched in the same forme as they are contained in the instruction that our Bretheren haue shewed vs sent by the Sea Apostolicke and that they be obserued in the same fashion by you in Italie we will make no more mention thereof nor further contest of the not suffering them which is the true sence of the African Bishops who had newly before be sought the Pope that he would cause them to obserue in the like case what should be found in the copies of the CouÌcell of Nicea which should be brought out of the Eact And which is the sence also that hath bene followed by the Protestants of Germanie in the last impression that they haue made of the Councells of Africa And the latine text contrarywise saith These things haue bene inserted into the Acts vntill the coming of the more certaine copies of the Councell of Nicea which if they be there contained so as they are ãâã in the instruction as our Bretheren sent by the Sea Apostolicke haue alleaged and were kept in the same forme amongst you in Italie we shall be no waie constrained to tollerate things such as we will not now call to memory or to suffer them intollerable Wordes that besides the impertinencie of the construction in the alternatiue whereof there is no antithesis are directly repugnant to the sence and intention of the Epistle which is contrarywise to saie that if the clauses intended by the Popes instruction were to be found in the copies of the Councell of Nicea which should come out of the East they would not so much as open their mouthes to speake of it and would not contest of the not suffring them and whereof the corruption seemes to proceede from the ambiguitie of the two Greeke verbes whereof the one signifies to make mention or to commemorate and the other to bee constrained and to contest The second patterne shall be taken from the exordium of the Epistle to Pope Celestine where the Greeke text speaking of Apiarius saith For first he hath mainely resisted all the Councell charging it with diuers contumelies vnder pretence of pursuing the priuiledges of the Roman Church and willing to cause himselfe to be receiued into our communion because your Holynesse beleeuing that he had appealed to you which he could not proue had restored him to the communion Yet this did not succeede with him as you shall more at large vnderstand by reading the Acts Which is the true sence of the wordes of the Epistle and which also the Protestants of Germanie haue followed in the last impression that they haue made of the Councell of Africa And the latine text contrarywise importes referring these wordes to Faustinus the Popes Legate For ãâã how much he hath resisted all the Assemblie Charging it with manie ãâã vnder colour of pursuing the priuiledges of the Roman Church and willing to ãâã him to be receiued into our communion because your Holynesse beleeuing he had appealed to you which could not be proued had restored him to the commnnion which ãâã ãâã was not lawfull as you shall better discerne by reading the Acts which are three deprauations one in the neck of an other the first in this that the latine text referrs to Faustinus that which the Councell saith of ãâã as it appeares by these words For first which shew that it speakes of him of whom it had begun and continued to speake of in the following periods and by this subsequent clause when we examine the crimes that haue bene obiected to him which could not be vnderstood but of Apiarius And this seemes to proceede from the ambiguitie of the Greeke pronowne which being taken in a reciprocall signification signifies himselfe and obligeth the Readers to translate willing to make himselfe be receiued which is the sence that the new editions of the Prote stants of Germanie haue embraced and being taken in a direct signification signifies him and obligeth the Readers to translate willing to cause him to be receiued The second in this that insteede of these words of the Greeke text Notwithstanding this hath not succeeded to him which are spoken of the Action of Apiarius the latine text setts downe which yet was not lawfull and referrs it to the action of the Pope against the credit of this remitment as you shall better discerne by the reading of the Acts which shewes that the Councell speakes of the issue of Apiarius his cause and not of the Popes action and this seemes to haue proceeded from the Ambiguitie of the Greeke verbe which signifies to succeede and to be lawfull And the third in this that insteede of the aduerbe greatlie which is in the greeke text the latine edition reades how much a thing which depriues the construction both of sence and verbe and makes the speeche suspence and defectiue The third paterne shall be taken from the beginning of the request of the same Epistle where after these words Premising then the office of a due salutation we beseech you affectionatly that henceforward you will no more so easily admitt to your eares those that come from these partes nor restore to the communion those that haue bene excommunicated by vs for as much as your Reuerence will easily discerne that this hath bene defined by the Councell of Nicea the ãâã text adds for although it seeme that there should only mention bee made of Clerkes and laymen by how much stronger reason should
Councell of Sardica Nessus Gratus Magesius Coldeus Rogatianus Consortius Raphinus Manninus Cecilianus Erennianus Marianus Ualerius Dinamius Nyronius Iustus Celestine Cypryan Uictor Honor at Marinus Pantagathus Felix Baudeus Liber Capiton Minersall Cosmus ãâã Hesperion Felix Seuerian Optantius Hesper Fidetius Salustus Paschasius And Osius speaking to the Councell of Sardica Manie Bishops make a custome of trauailing to the court and principallie the Africans that as we haue vnderstood by our welbeloued brother and Colleague Gratus receiue not wholsome Councells And Gratus himself citing in the first Councell of Carthage coÌcerning the credit whereof we are all agreed and which is alleadged by ãâã Archdeacon of Carthage one of the Canons of the Councell of Sardica I remeÌber said hee that in the most holie Councell of Sardica it was ãâã that none should vsurpe a man of another diocesse for his Clerke By meanes whereof not only the Councell of Sardica was of more authority then the Councell of Africke as Zonarus himselfe acknowledgeth when he saith speaking of the intituling of the Archbishopps The Councel of Chalcedon agreed rather to the Canon of the Councell of Sardica then to that of the Councell of Africa but also in regard of discipline was more strong and obligatorie in respect of the Africans then the Councell of Nicea Now it happened as we haue alreadie touched aboue that when the Pope sent this Rule to the Africans the Canons of the Councell of Sardica were no more to bee found in the African Prouinces for the ãâã had soe wrought by craft as they had suppressed and banished out of Africa all the true Actes of the Councell of Sardica that had bene brought thither in the time of Gratus and of the first Councell of ãâã and had supposed and slipt into their steede the actes of the Anticouncelle of Sardica that is to saie the acts of the false Councell holden by the Arrians at Philopolis neere Sardica vnder the title of the Councell of Sardica because that in the Epistle of this false Councell the ãâã made mention of Donatus Bishop of the Donatists of Carthage This appeares by conferring the places of S. AVGVSTINE with the rest of ãâã For S. AVGVST testifies that the Actes of the Councell of ãâã which were in his time currant in Africa were the acts of the ãâã Councell which had condeÌned S. ATHANASIVS the Councell of Nicea He offerd me said S. AVGVSTINE speaking of Fortunius the donatist a certaine Booke where he would shew me that the Councell of Sardica had written to the African Bishops of the commnnion of Donatus And a little after Then hauing taken the Booke and considering the statutes of the same Councell I found that Athanasius Bishop of Alexandria c. and lulius Bishop of the Roman Church no lesse Catholicke had bene condemned by this Councell of Sardica whereby I was assured that it had bene a Councell of Arrians And in the third Booke against Cresconius the Donatist who had alleadged the same Councell of Sardica The Councell of Sardica saith hee was a Councell of Arrians as the copies that we haue in our hands doe manifest principallie holden against Athanasius Bishop of Alexandria a Catholike And all antiquitie contrariwise teacheth vs that the true Councell of Sardica had confirmed the Councell of Nicea and iustified S. ATHANASIVS and was a most holy and most Catholicke Councell The holy Synod of Sardica saith S. ATHANASIVS who assisted there in person compounded of aboue thirtie fiue Prouinces receiued vs in our iustifieable proceedings And a little after They declared Athanasius and those that were with him pure and free from all crime and their aduersaries slaunderers and wicked persons And elsewhere In the great Councell of Sardica our aduersaries were deposed as slanderers and more then three hundred Bishops subscribed to our iustification And againe The holie councell assembled at Sardica decreed that therein nothing of faith should be concluded but that they should content them selues with the confession of the councell of Nicea And Gratus Archbishop of Carthage who was also there in person I remember said hee that in the most holy councell of Sardica it was decreed that none should vsurpe a Clerke of an other diocesse And the Epistle of the same Councell of Sardica We haue declared our deare brethren and fellow-ministers Athanasius Marcellus Asclepas and others their adiuncts in the seruice of God innocent and blamelesse And Socrates The Bishops assembled at Sardica condemned before all things the desertion of those of Philopolis and then deposed the accusers of Athanasius and confirmed the decrees of the CouÌcell of Nicea Sozomene They answered that they would not separate themselues from the Communion of Athanasius and Paul and principallie Iulius Bishop of Rome hauing examined their cause and not hauing condemned them and the Councell of Chalcedon The father 's assembled at Sardica combated against the Relicks of Arrius A manifest proofe that the Africans in the tyme of S. AVGVSTINE and of the sixth Councell of Carthage had no other but the Actes of the false Councell of Sardica holden by the Arrians at Philopolis neere Sardica which had condemned S. ATHANASIVS and ouerthrowne the couÌcell of Nicea and not those of the true councell of Sardica wich had iustified S. ATHANASIVS and coÌfirmed the councell of Nicea But let vs returne to our history The Bishops of Africa then finding neither of these Canons in the copies of the councell of Nicea and not being able to finde them in those of the councell of Sardica because they had them not they stretched out vpon the occasion of the question of the priests for which at the beginning the conclusion was moued euen to Bishops and seeing that the title vpon which that was grouÌded which had vntill then bene obserued by custome concerning Bishops Appeales did no more appeare then that of Priestes tooke their tyme and opportunitie to complaine of the progresse of this custome and of the greeuances that the Appeales aswell of the one as of ther other that is to say as well of the Bishops as of the priests brought vpon them not by the fault of the appeales but by the malice of men which is such as the gate cannot be opened for Appeales but there wil happen great euills in the frequent executions of this remedie as the coÌtempt of the first Iudges the delaie and prolonging of iustice the cost and vexation of the parties the incommoditie of the transportation of witnesses of all sexes and all ages nor wholly shut it vp from them least worse may come of it And therefore they writt to Pope Sozimus whom their letters found already dead and after to ãâã his successor an Epistle by which after they had remonstrated to him the troubles that the past examples of appeales had brought vpon them and had represented to him that they had not
execute the iudgements of the Sea Apostolike Secular typhe for this is that which the marriage of these two words Typhe of the age signifies to witt the furious and violent manner with which the worldly and secular powers were accustomed to cause themselues to be obeyed as when the author of the life of Fulgentius saith That Fulgentius commaunded nothing with the Typhe of secular dominion And as when the Councell of Ephesus calls the vse that Iohn Patriarke of Antioche had made of the letters of Dionisius Gouernor of Syria to the Captaine of the Garrison and of the souldiers of Cyprus to hinder the Bishops of Cyprus from electing to themselues an Archbishop without the permission of the Patriarke of Antioch Secular Typhse and drawing from this particular case a generall lawe ordaines That noe Bishop vsurpe the Prouinces which haue not bene from all antiquitie vnder his predecessors c And vnder pretence of the execution of sacred thinges introduce not the Typhe of secular power And a little after And that all letters obtained to the contrarie may remaine disannulled and of no effect And finallie the third and last request but expressed in termes of Confidence and assurance is that the Pope will not suffer that Apiarius to whom by the first Iudgement it had bene permitted to remaine in Africa and exercise his Priesthood where he would prouided it were not at Sicca should remaine anie longer in Africa and that he would not cause him to be assisted with Secular authoritie to this effect Behold the words of the clause which containe also the end and conclusion of the Epistle which I haue translated from the Greeke text because the Greek edition of the Epistles as hath bene aboue shewed is more correct then the latine For as for the wretched Apiarius hauing alreadie bene condemned for his infamous crimes by our Brother Faustinus wee are no more in care for it as much as by the meanes of the approbation and moderation of your Holynesse for the preseruation of brotherly charitie Africa will no longer indure him Now vpon this what answere the Pope made them wee haue it not but that it is easie to be iudged by the successe that he satisfied them of the mistaking of the Councell of Nicea for that of Sardica and made it appeare to them that what they found not in the Councell of Nicea had bene ordained yea euen by their predecessors in the Councell of Sardica For the Appeales of the African Bishops to the Pope continued as before as it appeares both by the Rule that Pope LEO onely eight yeare later then CELESTINE made vpon the appeale that Lucifrinus a Bishop of Africa had cast into the Sea Apostolike and by the care that the Africans had afterward to insert into their Canon law the Canons of the Councell of Sardica vpon the matter of Appeales to the Pope For Fulgentius Ferandus deacoÌ of Carthage a little later then S. AVGVSTINE and tyme-fellow with S. FVLGENTIVS registers into the collection that he made of the Canons these decrees vnder the title of the fixth and sifth Canon of the Councell of Sardica That a condemned Bishop may appeale if he will to the sea Apostolike and that during the appeals an other cannot be ordained in his Chaire By meanes whereof this question brought no interruption to the possession wherein the Pope was of appeales euen in minor causes and by consequent much lesse in maior causes as those of Faith were for which Theodoret Bishop of Cyre a Cittie neere vpon Persia appealed in the same tyme to pope ãâã and was iudged and restored by him all the Generall CouÌcell of Chalcedon holden a while after the Councell of Carthage approuing and confirming it For I will not alleadge the Epistle of S. AVGVSTINE to Celestine which is in the supplie of S. AVGVSTINS Epistles imprinted by Plantine where the same S. AVGVSTINE pursues in the behalfe of Celestine the iudgment of the appeale made by Anthony Bishop of ãâã to Pope Boniface and represents to him to iustifie the sentence of the bishops of Africa who had left him his title and depriued him of this Bishops Sea That there had bene manie like ãâã in Africa eueÌ the Sea ãâã iudgeing it or confirming the iudgement of others as particularly of ãâã Uictor and Laurence Bishop of the Cesarian ãâã because it seemes that this Epistle was written before that of the Councell of Africa to Celestine It sufficeth that neither the possession of the appeales from Africa to Rome were interrupted by this question neither did the Bishops of Africa cease to remaine in the same Communion and reuerence of the Sea Apostolike as they were before as the words of S AVGVSTINE to Pope Boniface written in the current of the difference testifies Thou disdainest not thou which presumest not ãâã though thou presidest highlie to be a friend to the ãâã And these of Pope Celestine after the death of S. AVGVSTINE Wee haue alwaies had Augustine of holie ãâã in our coÌmunion which Prosper citeth to iustifie to the Bishops of the Gaules S. Augustins doctrine against the PelagiaÌs And these of Capreolus Archbishop of Carthage immediate successor to Aurelius vnder whom the sixth Councell of Carthage was holden writing to the fathers of the Councell of Ephesus ãâã praie you to resist ãâã with such constancie at the authoritie of the sea Apostolicke and the seuerltie of the Prelates assembled in ãâã seeme not to permitt that the doctrine of those that the Church hath long since ãâã ãâã come to be borne againe And these of Eugenius one of the other successors to the same Aurelius to the Lieutenant of Hunnericus Lord of Africa The Roman Church is the head of all the Churches And these of Fulgentius and of the Bishops of Africas the Roman Church which is the head of the world Of the Councell of Sardica CHAPT XI I Remember that I promised in the former chapter to handle in this the truth and authoritie of the Canons of the Councell of Sardica the time summons me now to performe my promise and with so much the more neede because the Popes aduersaries haue a while agoe caused a Greeke Code of CanoÌs to be imprinted which they haue intituled A Code of the ãâã of the Vniuersall Church from whence they haue ecclipsed and cutt off the Canons of the Councell of Sardica against the credit of all the Greeke Canonists Photius Zonara Balsamon Harmonopolus and against the Greeke impressions euen of Basle Wittenbourg and other Protestant Citties and in summe against the truth of all the Greeke codes as well printed as manuscript of all the westerne and Easterne libraries Then to compasse this designe with some method I will aduertise the readers that there past two things in the Councell of Nicea which gaue an occasion soone after for the holding of the Councell of Sardica the one was
the decree of the consubstantialitie of the Father and the Some and the other the decree of Appeales The first was inserted into the Creede of the faith publisht by the Fathers of the Councell of Nicea the second into the originall acts of the Councell of Nicea with which it hath bene lost only there remaines to vs some light track of it in an Epistle of Pope Iulius reported by S. ATHANASIVS and by the Councell of Alexandria where Pope Iulius writes to the Arrians It hath not bene without the prouidence of God that the Bishops assembled in the great Councell of Nicea haue permitted that the acts of a former Synod should be examined in an other Synod For that this decree was not the same which is contayned in the Canons of the Councell of Nicea where it is ordained that when a Bishop hath excommunicated anie Churchman or Layman of his diocesse the cause of the excommunicated person may be reuiewed in the Synod of his Prouince it appeares both by this that he speakes of the reuiew of the iudgments giuen in the first instance by the Synods inferrs from thence that S. ATHANASIVS hauing bene iudged in the first instance in the Councells of Tyre and Antioch might againe haue bene iudged at Rome in a new Councell And because that he adds That if this custome being of itselfe antient and hauing bene renewed and sett downe in writing in the great Synod you will not permitt that it haue place amoÌgst you such a refusall is vndecent a thing that shewes that this decre whereof he speakes was resisted by the ãâã which cannot be said of the reuiewe of the sentences of the diocesan Bishops by the Councell of the Prouince And therefore it must be supposed that this decree had bene inserted not into the catalogue of the Canons of the Councell of Nicea which contained but the twentie articles which wee haue but into the very acts of the CouÌcell of Nicea which haue bene lost And of this kinde of decrees inserted not into the list of the Can ons of the Councells but into the acts of the Councells there are manie examples and in the matter of the CouÌcell of Nicea it selfe For the Epistle of the same CouÌcell of Nicea and the Councell of Antioch teach vs that the Councell of Nicea made a decree of the Pasch and S. AMBRO teacheth vs that the CouÌcell of Nicea made a decree of the exclusion of these that were in ãâã from Priesthood and the Caluinists themselues are agreed that the Councell of Nicea made a decree of the Eucharist All which decrees are not inrolled into the Canons of the Councells of Nicea but haue bene necessaryly inserted into the Acts. Now what the conditions of these following Synods ought to be which iudged by Appeale of the iudgments of former Synods there is nothing to be found in Pope Iulius his Epistles only it is left to vs to coniecture that the subsequent Synods should be greater then the former Synods But wherein this Maioritie consisted that is to saie whether it should be a simple maioritie of number as the Arrians had monopolized it in the Councell of Antioch or whether it should be a maioritie as it seemes the third Councell of Carthage requires when it saies That when there hath bene an Appeale from what Ecclesiasticall Iudge soeuer to other Ecclesiasticall Iudges where there is greater authoritie the disannulling of the former Sentence hurts not the first iudges there is nothing found in Pope Iulius his Epistle only we learne from the practise of antiquitie that the maioritie of Councells did not alwaies depend of the number of Bishops but was often measured by the qualitie of him that was the head thereof although the number of Bishops were fewer as the Councell of the Primat of the Nation was reputed greater then that of the Metropolitan of the Prouince and that of the Patriarke greater then that of the Primat and that of the Pope yet greater then that of the Patriarke although there were fower Bishops For in the Councell of Rome which iudged saint ATHANASIVS his cause after the Councell of Antioch there were but fiftie Bisshops whereas in that of Antioch there were aboue ninetie And in this sence Balsamon a Schismaticall Greeke Author who rankes the Patriarke of Constantinople aboue the Pope pretends that the title of Uniuersall Bishop which in the Councell of Calcedon had bene giuen to the Pope should be also communicated to the Bishop of Constantinople for as much as Constantinople bore the title of second Rome and will haue it that the Synod of the Bishop of Constantinople should be esteemed greater then that of all the other Patriarkes of the Empire of the East Although saith hee that the Synod of Constantinople were not vniuersall for as much as other Patriarkes assisted not there neuerthelesse it seemes to me greater then all the other Synods and the Patriarke thereof is called vniuersall Patriarke Now it fell out a while after the holding of the Councell of Nicea that the Arrians made two breaches in these two decrees The one by abollishing the word Consustantiall which they ecclipsed from all their creedes And the other by the resistance that they gaue to the restitution that the Pope made of Athanasius Patriark of Alexandria of Paul Bishop of Constantinople of Marcellus Primat of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina and of Lucius Bishop of Adrianopolis in Thrace deposed a little before by the Councells of Tyre Antioch and Constantinople for diuers pretended crimes Some Secular as Athanasius for the crimes of Treason Adultery and homicide and other Ecclesiasticall The history of the first contrauention appeares by all the testimonies of Antiquitie And the history of the second by the report of Sozomene who after he had said Iulius Bishop of Rome hauing heard the accusations attempted against Athanasius of Alexandria Paul of Constantinop le Marce llus of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina Lucius Bishop of Adrianopolis in Thrace and hauing found them all consenting to the doctrine of the Councell of Nicea receiued them to his Communion and because to him for the dignitie of his Sea the care of all things apperteyned he restored them each one to his Church and writt to the Bishops of the East chiding them for not hauing obserued the right formes in the iudgement of these men and that they had troubled the Churches with not hauing kept within the compasse of the decrees of the Councell of Nicea and commaunded them to send a small number from amongst them all to appeare at a daie prefixed and to iustifie their Sentence Adds These things Iulius writt and Athanasius and Paule receiued each one his Church and sent the letters of Iulius to those of the East who finding themselues sharpely toucht therewith assembled themselues at Antioch and writt
of Milan of Picena of Tuscany of Campania of Calabria Apulia of Brussa of Sicilia of all Africa entirelie of Sardinia of Spaine of France and of the Brittans And Theodoret registring the inscription of the same Councell The holie Synod assembled by the Grace of God at Sardica from Rome from Spaine from France from Italie from Campania from Calabria from Africa from Sardinia from Pannonia from Misia from the first Dacia from Dardania from the second Dacia from Macedonia from Thessalia from Achaya from the Epiruses from Thracia from Rhodope from Asia from Caria from Bithinia from Helespont from the first Phrigia from Pisidia from Capadocia from Pontus from the second Phrigia from Cilicia from Phamphilia from Lydia from the Cyclades Jlands from Egipt from Thebaidis from Lybia from Galatia from Palestina and from Arabia And elsewhere exagerating the obstinacie of Acacius Archbishop of ãâã in Palestina one of the heads of the Arrian faction The Councell assembled at Sardica deposed this Acacius said hee but hee obeyed not the deposition despising so great a number of Bishops And Sulpitius Seuerus describing the conuocation of the Councell of Sardica first proiected as he pretends by Constantine and after executed by his children Hee commaunded said hee that from all the world the Bishops should assemble themselues at Sardica And Socrates reporting the historie of the Councell of Sardica Paule and Athanasius demaunded that their Cause that of faith might be examined in a generall Councell By the ordinance then of the two Emperors there was a Generall Councell called at Sardica And the Emperor Justinian in the Edict of faith indited as Hincmarus notes by the second Councell of Constantinople that wee call the fifth Generall Councell They were said hee speaking of the Aduersaries to the Councell of Nicea anathematized some whiles they liued and some after their death by Damasus of holy memorie Pope of olde Rome and by the Generall Councell of Sardica And Uigilius the old Bishop of Trent The holie Bishops said hee assembled at Sardica from all the prouinces that is from Rome from Spaine from France from Italie from Campania from Calabria from Africa from Sardinia from Panonia from Missiae from Dacia from Dardania from the other Dacia from Macedonia from Thessalia from Achaya from Epirus from Thrace from Rhodope from Asia from Caria from Bithinia from Helespont froÌ Phrigia from Pisidia from Capadocia from Pontus from Cilicia from the other Phrigia from Pamphilia from Lidia from the Islands of the Cyclades from Egipt from Thebaides from Lybia from Galatia from Palestina and from Arabia expounded this faith To which I will add aboue my bargaine for an ouer measure that the title that saint HILLARIE and saint EPIPHANIVS giue to the Councell of Sardica of the Councell of those of the West is so farr from abating anie thing of the qualitie and authoritie of a generall Councell as contrariwise Monsieur le Feure a great Reader and Examiner of saint HILLARIES writings causing a new fragment of the workes of the same saint HILLARY to be printed doth iugeniouslie acknowledge the Councell of Sardica for a generall Councell in the preface of his Edition by these words Athanasius approued his innocencie in the Synods of Alexandria and of Rome and in the Generall councell of Sardica The fourth Obiection is that in the Code of the CanoÌs of the Greeke church which was produced in the Councell of Chalcedon in the cause of Bassianus and Steuen the Canons of the Councell of Sardica were not contained to this obiection wee bring three answeres the first that there were two volumes of Canons produced in the Councell of Chalcedon the one where the Councells were sett downe in heades and with the inscriptions of their titles and the particular number of their Canons as appeares by the fourth and fifteenth act of the same Councell of Chalcedon where the fourth and sixth Canons of the Councell of Nicea were read with the titles of the fourth and sixth Canons of the most holy three hundred and eighteen Fathers assembled at Nicea And the third Canon of the Councell of Constantinople with the title of Synodicall of the second synod held by the hundred and fiftie Fathers at Constantinople vnder Nectarius And the other where the canons were annexed one after an other vnder a continued Cypher in the forme of a chaine and of a rapsody and without inscription of the titles of the Councells whence they were taken and without distinction of the particular number of the Canons of euery Councell as appeares in the fourth and eleuenth act where the third forth sixteenth and seauenteenth Canons of the Councell of Antioch were read vnder a simple quotation of Canon 84. 85. and 94. and 95. without anie mention neither of the title or of the particular cyphers of the Councell from whence they were taken Now it is not of the volumes in heads where the Canons of the Councells were inserted with inscription and distinction of the titles of their CouÌcells but of this rapsodie where the Canons were annexed one at the end of an other without inscription and distinction of the titles of their Councells that the aduersaries to the Sea Apostolike speake and therefore it is but the onely copie of this rapsodie that raiseth all this question The second answere is that there is noe proofe that euen in the copie of this rapsodie the Canons of the Councell of Sardica are not coÌprehended with the Canons of the other Councells For that the fower Canons which are cited of this copie which are the fourth the fifth sixteenth and seaueÌteenth CanoÌs of the CouÌcell of Antioch are cited vnder the title of rule eightie fourth eightie fifth nintie fourth nintie sixth is good to shew that before those Canons there were but the twentie Canons in the same volume of the Councell of Nicea the twentie of the councell of Ansyra the fifteene of the councell of Neocesarea the twentie one of the councell of Gangres and the siftie nine of the councell of Laodicea And therefore Hincmarus antient Archbishop of Rheims argues pertinentlie out of this copie that the councell of Nicea had made but twentie Canons but not to conclude that the Canons of the councell of Sardica which had bene made after those of the councell of Antioch were not in the same volume And the supplie of proofe which they pretend to drawe from Dionisius Exiguus is nothing as shall appeare heereafter contrariwise there are manie proofes that the Councell of Chalcedon had both acknowledged and obserued the canons of the Councell of Sardica For not onlie the first Councell of Constantinople which was alleadged in the Councell of Chalcedon confirmes the tome of those of the West that is to saie if wee beleeue zonara and Balsamon the Councell of Sardica and not only the Epistle of Ualentinian the third addressed to the Emperor Theodosius the second for
the holding of the Councell of Chalcedon and inserted with the Greeke Acts of the same Councell of Chalcedon saith That Flauianus Bishop of Constantinople had appealed to the Pope following the custome of Councells which had principallie reference to the Councell of Sardica and not only the Senate of Constantinople deputed to cause policie to be obserued in the Councell of Chalcedon receiued Theodoret Bishop of Cyre who had appealed to Pope Leo and made him enter and haue a seate in the assemblie of the Councell because Pope Leo had restored his Bishopricke to him a thing which was grounded vpon the canons of the Councell of Sardica but also Zonara explaining the canon of the Councell of Sardica which calls Metropolitans Archbishops And conferring it with the sixth Councell of Carthage which reiects the vse of this word saith that the Councell of Chalcedon hath retained it yielding rather to the authoritie of the Councell of ãâã then to that of the Councell of Carthage And Balsamon Nilus and other Greeke Schismatiks will haue it that the Councell of Chalcedon yielded the appeales of the Easterne prouinces to the Patriark of Constantinople pretending that it was grounded vpon the canons of the Councell of Sardica which gaue the appeales to the Pope and they haue extended this right to the Patriark of Constantinople for as much as Constantinople was a second Rome For as for the supplie of proofes that the Popes aduersaries pretend to collect from Dionisius Exiguus it shall be satisfied heereafter The third Answere is that the verie copie of this Rapsodie which was produced in the Councell of Chalcedon was a falsified code as appeares by the canons thereof that were produced in the same Councell for the fowre canons which were read in the Councell of Chalcedon vnder the title of Rule eightie fourth eightie fifht nintie fourht and nintie sixth were fowre canons of the Councell of Antioch celebrated vnder Constantius Now this Councell was an hereticall Councell holden by the Arrians and at the instance of Constantius an Arrian against saint ATHANASIVS And of these fowre canons that which was quoted vnder the cypher of the canon eightie fifth that is to saie vnder the cypher of the canon correspondent to the fowrth canon of the Councell of Antioch had bene partycularly framed against saint ATHANASIVS This appeares both by the historie of Socrates which reportes that the fifteenth canon of this councell of Antioch hauing bene produced against S. CHRISOSTOME when the Emperor Arcadius would haue caused him to be deposed S. CHRISOSTOME answered that this canon was come out of the shopps of the Arrians and had bene forged by them against S. ATHANASIVS Iohn saith Socratès answered that this Canon was not of the Church but of the Arrians For those that assembled themselues at Antioch for the distruction of the faith of consubstantialitie publisht this canon out of hate to saint ATHANASIVS And by that of Sozomene who writes And for that of the Ecclesiasticall Canon Iohn refusing it they receiued not his apologie but deposed him although hee insisted for it must be read ãâã ãâã ãâã ãâã ãâã and not ãâã ãâã ãâã ãâã ãâã that it was a Canon of hereticks And by the Epistle of Bope Innocent the first to the Constantinopolitans reported in the same Sozomene were Pope Innocent saith speaking of the canons of the CouÌncell of Antioch that werè produced against saint CHRISOSTOME These canons ought not to be receiued by catholicke Bishops for wee must not patch vp the inuention of hereticks with the canons of catholicks And by the testimonie of Paladius a Greeke author and tyme mate with saint CHRISOSTOME who saith in the life of saint CHRISOSTOME and vpon the subiect of the same canons Theophilus had sent Canons composed by fortie of the Complices of Arrius Soe spake he because that of nintie Bishops which assisted at the Councell of Antioch there were but fortie or according to the Epistle of Iulius thirtie six which actually comdemned saint ATHANASIVS but these fortie did so oppresse the rest by the force and tyranny of Constantius an Arrian Emperor who was there present that they alone caused to be ordained and publisht what they listed And a little after Elpidius Bishop of Laodicea and Tranquillus shewed the Emperor Arcadius that these Canons were hereticall And finally this appeared by all the authors of saint CHRISOSTOMES life who saie that his defendors offered the Emperor Arcadius to quitt his protectioÌ if his aduersaries would signe that they held the same Faith with those that framed these canons And this is alsoe acknowledged by the ministers of Germanie who in the laste Greeke impression of the canons of the Councell that they haue made at Witenberge saie vpon the fourth canon of the Councell of Antioch which is that that was read in the Councell of Chalcedon vnder the name of canon eightie three This canon seemes to bee made in hate and ruine of the pious Athanasius And vpon the eleuenth This canon was likewise framed against saint Athanasius And vpon the fifteent This canon was also vndoubtedly made against the Good Athanasius to take from him the power of Appealing to an other Synod And vpon the twentie fifth This Councell of Antioch not only neglected the faith of the Councell of Nicea touching Christs diuinitie but also stroue cautelouslie to disanull it By meanes whereof it is cleere that the Rapsodie which was produced at the Councell of Chalcedon in the cause of Bassian and Steuen where these canons were inserted was not the true vniuersall Code of the canons of the Greeke Church which had bene preserued in the Episcopall Bibliotheque of Constantinople since the time of the Councell of Constantinople to that of saint CHRISOSTOME but was the same falsified code that Cyrinus Bishop of Chalcedon who was an Egiptian by extraction and for that cause a partaker which Theophilus and a cruell aduersarie to sainr CHRISOSTOME And other Asians Enemies to saint CHRISOSTOME conspiring and assembled with Theophilus had produced against the same saint CHRISOSTOME and which remained after the death of Cyrinus in the Episcopall Bibliotheque of Chalcedon a thing whereto the fathers of the CouÌcell of ChalcedoÌ tooke noe heede because the canoÌs which were inserted into this Rapsodie were there inserted without in scription of titles and without distinction of Councells and with suppression of the name of the Councell of Antioch And against this it auailes not to saie that S. HILARIE speaking of the Synod of Antioch holden in the dedication calls it the Synod of the Saints for he saith it to accomodate himselfe to the infirmitie of Eleusius Bishop of Cyzica and other secret catholicks of the Asian prouinces amongst whom he inhabited for foundation whereof you must knowe that Eleusius and the other couert catholicks of the Asian prouinces that were called Demy ãâã for
as much as to shunne the Emperors persecution they communicated with the Arrians in the Sacraments and were different from them in beleefe seeing themselues constrained by the tyranny of Constantius an Arrian Emperor to adhere to some one of the formes of faith of the Councell that he had caused to be published rather chose to adhere to that of the Councell of Antioch then to any of the rest as being the least pestilent and the least estranged from Catholicke doctrine For of all the Councells holden by the Arrians the most moderate in impietie was the Councell of Antioch holden in the dedication whereinto the Arrians had infused noe other thing of their venome but that they had taken away the word Consubctantiall which had bene inserted into the creede of the Councell of Nicea and had sett in steede thereof inuiolable image of the substance and one in concord without instilling into it anie proposition which besides the omission of the word Consubstantiall might not be auowed by the catholicks For those causes then when the Arrians and amongst others Acacius Bishop of Cesarea in Palestina would in the Councell following and namely in that of Seleucia propound other creedes wherein they did more plainely expresse their impietie Eleusius and the other couert catholicks of the Asian prouinces opposed themselues to it crying out that they must hold to the creede of the Councell of Antioch With such words saith Sabinus and after him Socrates Eleusius opposed himself to Acacius calling the faith of the Fathers the faith publisht in the Synod of Antioch And therefore saint HILARIE desiring to suffer the infirmitie of Eleusius and of the other couert catholickes of the Asian prouinces amongst whom he was confined and which he maintayned against the other Asians who were compleate Arrians as himself testifies in these words Except the Bishop Eleusius and a few others with him the tenn Asian prouinces amongst whom I inhabit know not God trulie And choosing rather to retaine them within the bounds of the Councell of Antioch and to prouoke the rest of the Asians by their Example to returne to it and to come one stepp neerer by this meanes to the catholicke doctrine then to lett them fall into the precipices of the other more impious creedes of the Arrians speaks lesse hardly of the Synod of Antioch and calls it in comparison of the other Arrians Synods the Synod of the Saints because there were in this Synod some Catholiks for whose respect although they were oppressed by the force and violence of the Arrians who comaunded there and held there both the scepter and the pen and by the tyranny of Constantius the Arrian Emperor who was there present the Arrians durst not at the first blowe vomitt vp all their impietie But not that the Arrians had not bene the sole masters authors and directors of this councell and had framed the draught and indited all that was there ordained for not only saint ATHANASIVS who was he against whom the Councell had proceeded and who should better knowe the historie then anie other witnesseth that the Councell of Antioch in the dedication was an Arrian Councell and celebrated by the Arrians in the presence of Constantius the Arrian Emperor But he also affirmes and Socrates after him that those that indited the faith of the Councell of Antioch publisht in the dedication that is to saie that whereof saint HILLARY speakes were Eusebius Bishop of Nicomedia and Acasius Bishop of Cesarea in Palestina the two principall maintainers of Arrian heresie and their complices The Eusebians saith saint ATHANASIVS after they had in the Synod of Tyre extolled all the peruerse doctrine of Arius and after they had ordained to receiue the Arrians to the communion and had themselues first executed it esteeming neuerthelesse that there yet wanted some thinge to their intention held a new Synod at Antioch vnder pretence of the dedication of the Church of Antioch And a while after The Bishops agreeing to the dedication were nintie vnder the consulship of Marcellus and Probinus the impious Constantius being present And againe With what face could Eusebius and Acasius and their Complices after they had vsed words not formerlie written and had ãâã that the first of all creatures was the inuariable image of the substance power Councell and glorie murmure against the Fathers for making vse of words not formerlie written and that they vsed the word substance And Socrates answering by waie of Apostrophe to the same Eleusius of whom S. HILARY speakes How said hee ò Eleusius dost thou call those that assembled at Antioch Fathers and abiure those that had bene their Fathers for the Bishops that mett at Nicea and decreed consubstantialitie ought more properly to be Fathers aswell for hauing bene before them as because they had promoted them to Priest hood then if those that held the Councell of Antioch rooted out their Fathers doe not they forgett themselues that following them they follow Paracides for Fathers As little doth it auaile to saie that John Bishop of Antioch and the other Easterne Bishops that is to saie Syrians that were with him at the mock Councell of Ephesus erected in the face of the generall Councell of Ephesus and amongst others Theodoret Bishop of Cyr alleadged against saint CYRILL the same canon of the Councell of Antioch which had bene framed against saint ATHANASIVS and after produced against saint CHRISOSTOME And that Theodoret also in the collection of Councells that he hath made insertes the canons of the Councell of Antioch with the canons of the other Councells of the Easterne Church For Malesius Patriarke of Antioch in whose branch John Patriarke of Antioch had succeeded and to whose Successors Theodoret and the other Easterne Bishops that were at Ephesus adhered had bene of the number of the couert Catholicks which communicated with the Arrians and euen when he was made patriarke of Antioch was ioyned in externall communion with the Arrians although he held the catholicke doctrine By reason whereof to haue meanes to resist the Arrians vnder pretence of some confession of faith authorised by the lawes of the Arrian Emperors vnder whose tyranny Asia groaned they protected and defended the Councell of Antioch against the other Councell of the Arrians and gaue it the greatest authoritie they could in their Patriarkshpp to the end that weake catholicks might haue meanes to shadowe themselues vnder the authoritie of his Councell against the Arrian Emperors that persecuted them And from thence it came that the libertie of catholicke Religion hauing bene restored in the East this Councell yet remayned in authoritie amongst the couert catholiques of Syria who during their oppression had made vse of it as a bulwarke against the Arrians and other Asian prouinces neere the Patriarkship of Antioch Lesse auaileth it to saie that in the generall Councell of Constantinople holden vnder the Emperor Theodosius the great the Councell of Antioch
there for as much as the more part of the canons of the fowre first councells had bene before obserued by an vnwritten lawe as the Fathers of the councell of Constantinople testifie when they saie speaking of the Oeconomy of the Ecclesiasticall ordinations It is as you knowe both a lawe descended from antiquitie and a Canon of the Councell of Nicea Now that this is the intention of Iustinian to witt to speake onlie of the fowre first generall councells it appeares both because he saith that he receiues their Dogma's as the holy scriptures A phrase since practised by S. GREGORIE vpoÌ the matter of the first fower generall couÌcells and which caÌnot be stretched to anie of the other councells holden before the Emperor Iustinian and by this that he adds that he receiues their CanoÌs as lawes VVee receiue saith hee the dogma's of the four Synods aboue named as the holie scriptures and receiue their Canons as lawes And by this that he concludes For these causes wee ordaine that according to their distinctions the holie Pope of olde Rome be the first of all the Prelates and that the Bles. Bishop of Constantinople the second Rome haue the second place after the Sea Apostolik of old Rome and be perferr'd before all the Seas A thing which euidentlie shewes that he speakes precisely of the fowre Generall councells onlie where the order of the Patriarkes had bene obserued and not of the particular couÌcells where there had bene noe concurrence of Patriarkes And indeede how could Iustinian haue pretended to haue giuen by this constitution the force of an imperiall lawe to all the Canons of particular Councells hee that disanulls and infringes the fifteenth Canon of the Councell of ãâã for the Councell of Neocesarea had made a Canon by which it ordained that according to the Booke of the actes there should be but seauen deacons in one cittie how great soeuer it were Where Iustinian ordaines that there shall be an hundred DeacoÌs in the cathedrall church of Constantinople And that is not to be reckoned of which Balsamon saith that Iustinian and the councell of Trullio after him interpret the Canon of the councell of Neocesarea for they doe indeede interpret the place of the acts wich they pretend to be euill vnderstood by the CouÌcell of Neocesarea and that it ought to be expounded of the dispensers of almes and not of the ministers of the Altar but they correct and abrogate the Canon of the councell of Neocesarea as Zonora acknowledges in these termes From before the Councell Trullian the Canon of the Councell of Neocesarea was noe more obserued for Iustinian instituted sixtie priests and an hundred deacons and fortie Deaconesses in the great Church of Constantinople And therefore BalsamoÌ is constrained to confesse that the Councell Trullian correctes the Canon of the councell of Neocesarea The present Canon saith hee interpreteth or rather correcteth the fifteenth Canon of the Councell of Neovesarea And then if Iustinian in saying Wee ordaine that the Canons constituted or confirmed by the fower first Councells shall holde the place of a lawe had pretended to meane not onlie the Canons contained in the catalogues of the fower first councells but also those of the other Councells which they pretend to haue bene confirmed in grosse by these fower first What caution can they giue that he did not intend to comprehend the Canons of the councell of Sardica that hee and the fifth councell of Constantinople call a generall councell comprehending it consequently vnder the title of the councell of Nicea and whereof the first councell of Constantinople canoniseth the authoritie in these termes Wee receaue the Councell of those of the west that is to saie if wee beleeue Zonara and Balsamon the Councell of Sardica But this is enough for the first head let vs examine the second To the proofe then of the second head which is that Dionisius Exiguus a Scithian monke but habituated at Rome and versed in the Greeke and Roman letters who liued in the time of Iustinian the Emperor in translating the Canon of the councells saith that he hath taken the councell of Sardica from the latine edition and hath not taken it from the Greeke text because it was not in the Greeke edition a proófe that hath seemed so strong to the Popes aduersaries that two yeare since they haue caused to be printed a greeke Code of the CanoÌs of the vniuersall church from which they haue ecclipsed and cutt of the councell of Sardica against the credit of all the greke editions of the councells both antient and moderne which are at this daie to bee found in the world Wee answere that the greeke copie that Dionisius Exiguus had in his handes was a maimed and defectiue copie as appeares besides manie other lamenesses by the omission of the CanoÌs of the couÌcell of Ephesus which are wanting there for Dionisius Exiguus passes immediatly from the Canons of the councell of Constantinople to those of the councell of Chalcedon and omitts the Canons of the councell of Ephesus a thing which manifestlie shewes that the greeke copie that he had in his handes and which he had brought out of Scithia was lame and imperfect for as much as not onlie the councell of Ephesus was the third of the first generall councells and that in this qualitie the canons thereof are inserted into all the collections and mentions of the greeke collections as in the greeke collection of Theodoret and into the concordances of Iohn Scholasticus Patriarke of Constantinople and into the catalogue of the Councell Trullian and into the Nomocanon of Photius and into the greeke copies of Zonara Balsamon Alexius Blestares Simon Logotheta Harmenopolus and others But also that the Emperor Iustinian quotes and expresses them by name in the lawe produced for the proofe of the first head which hath these wordes Wee ordaine that the holie Ecclesiastic all Canons that haue bene constituted or confirmed by the foure holie Councells shall holde the place of a lawe to wit those of the Councell of Nicea celebrated by the three hundred and eighteen Fathers and those of the Councell of Constantinople celebrated by the hundred and fiftie Fathers and those of the first Councell of Ephesus and those of the Councell of Chalcedon And to the end to conuert our defence into an act wee will arme it with seauen counter-Batteries which doe not onlie destroie the proofe drawne from Dionisius Exiguus but also shewes expressely that in the Emperor Iustinians age and long before him the Canons of the councell of Sardica were acknowledged by the greeke church and inserted intò the greeke collections of councells The first is that Paladius Bishop of Helenopolis in Bithinia an Author greeke in stile and Asian in nation who liued a thousand two hundred yeares yeares agoe that is to saie a hundred and fiftie yeare before Iustinian and whom Photius Patriarke of
Nicea first and that of Chalcedon last in this order 1. Of the 318. holie Fathers assembled at Nicea vnder the Consulship of the Illustrious Paulinus and Iulianus the ye are of the death of Alexander 606. the 19 of the month of Decius that is to saie the 13. before the Kadends of Iune 20. Canons 2. Of the blessed fathers assembled at Ancyra more antient then those of Nicea but placed after them because of the dignitie and authoritie of a generall Councell 25. Canons 3. Of the holie fathers assembled at the Synod of Neocesarea in time also before that of Nicea and later then that of Ancyra but for honors-sake placed after that of Nicea 14 Canons 4. Of the fathers assembled at Sardica after the Fathers of the councell of Nicea 21. Canons 5. Of the fathers assembled at Gangres 20. Canons 6. Of the fathers assembled at Antioch 25. Canons 7. Of the fathers assembled at Loadicea in Phrigia 59. Canons 8. Of the fathers assembled at Constantinople 7. Canons 9. Of the fathers assembled at Ephesus 7. Canons 10. Of the fathers assembled at Chalcedon 27. Canons From whence it appeares that this Author must haue written a little while after the councell of Chalcedon which is the time wherein ãâã writt his dialogues against the Euthycians and before the fifth generall councell which was holden vnder Iustinian the first and the sixth which was holden vnder Constantine Pogonat and the councell surnamed TrulliaÌ which made canons vnder the name of both the others and by consequent that he was long before Photius and all the other compilers of the greeke collections whose copies are to be found be it in the East or in the west Secondly he saith that he is not the first that hath compiled the canons in a volume for as much as before him there had bene some that had made a collection distributed into sixtie titles but that he is the first that hath distributed them into titles distinguisht by the dates of the matters A thing that shewes that he is more antient then the old Nomocanon reduced into fiftie titles before the tyme of Photius whereof Balsamon speakes Thirdlie he inserts none with the Canons of the Councells but only the Canons of S. BASILL And hee saith more that before him they had neuer bene inserted which testifies that he is more antient then the councell intituled Trullian and then all the collections of Photius and other later greeke copies wherein there are inserted the canons of manie other greeke fathers and amongst others of S. CYRILL Fowrthly he makes noe mention in his worke of the Canons of the councell of Carthage an euident testimonie that he is more antient then Iustinian who cites in his edict of faith the Canons of the councell of Carthage then the councell of Constantinople surnamed Trullian then the Nomocanon of Photius and then all the other late greeke compilations in the which the canons of the councell of Carthage are inserted and incorporated Moreouer he assignes but three Canons to the first CouÌcell of Constantinople which is the number that the old greeke and latine manuscripts coÌtaine and that Dionisius exiguus who saith he hath taken his translation vpon the greeke originall assignes to it and giues but twentie seauen Canons to the Councell of Chalcedon which is the number that the same Dionisius and the other antieÌt greekes and latines attribute thereto and that the historie of the Councell as wee haue aboue proued shewes ought to be attributed thereto for the twentie eight hauing bene propounded by the fathers of the councell at the instance of Anatolius the Popes legats opposed them selues to it and Pope Leo refused to confirme it and the Emperor and Anatolius himselfe desisted from pursuing it in such sorte as it began not to take place amongst the Canons of Chalcedon till a long time after from whence it is that S. GREGORIE the Great saith That the synod of Chalcedon had bene falsified in one place by those of Constantinople And as for the two later Canons they are two canons made vpon particular occurrences which haue bene transferred from the fowrth act of the councell into the catalogue of the canons By meanes whereof it is necessarie that the author of this collection should be more antient then S. GREGORIE the Great and then the councell of Constantinople surnamed Trullian in whose times the twentie eigth Canon had alreadie bene inserted into the catalogue of the canons of the Councell of Chalcedon and then the copies whereof Photius Zonara Balsamon and other later Greekes haue made vse within all which this addition is inserted Besides he assignes but seauen Canons to the Councell of Ephesus omitting the eigth which had bene made against Iohn Patriarke of Antioch in fauour of the Bishops of Cyprus during the Schisme of the councell of Ephesus and of Iohn Patriarke of Antioch and which is inserted in all the greeke collections of Photius Zonara Balsamon and others From whence it appeares that the compiler of this Synagogue was one of the Bishops of the Patriarkship of Antioch who had during the schisme taken parte with John Patriarke of Antioch against the Councell of Ephesus and who reunited themselues with the councell of Ephesus when Iohn Patriarke of Antioch and the Bishops ãâã his Patriarkship returned to it By meanes whereof they receiued not this Canon with the other Canons of the Councell for as much as it had bene made against their Patriarke and during the schisme and by contumacie and vpon hearing of one partie only And finally the Author which hath begun this collection and hath illustrated it with conferring the imperiall lawes annexing to the end of euery title legall concordances answerable to the matter of the titles had bene tyme-fellowe with Iustinian himself and writt a little after his death as appeares by the preface that he put before his concordances which containes these wordes To the glorie of our great God and sauiour Iesus Christ I haue now coÌferred the sacred canons of the holie and blessed Apostles and of the holie Fathers who haue followed their tracks in euerie Synod with a choyce of texts that I haue transcribed from the sacred new constitutions of Iustinian of holie memorie publiht dispersedly after the Code the which not onelie are agreable to the canons of the orthodox fathers but also communicate to them the authoritie of the imperiall power with an addition of legall right and pleasing to God which prouides in the imitation of God what is profitable for euerie humaÌ creature And by the end of the worke to which are annexed these words written in greeke breuiatures The end of the Chapters of the new constitutions concerning Ecclesiasticall decisions by Iohn Archbishop of Constantinople which had bene Scolasticus For this Iohn Archbishop of Constantinople surnamed heeretofore Scholasticus whom the aduersaries of the Popes authority acknowledge for one of the collectors of the greeke councells was establisht by
Iustinian himselfe in the Sea of Constantinople in the steede of Eutychius and deceased twelue yeares after the death of Iustinian And it derogates not from this that Balsamon reiects all the Nomocanons that is to saie all the marriages of lawes and canoÌs which haue bene made before that of Photius And amongst the rest one Nomocanon which distributes the lawes and canons into fiftie titles For be it that he speake of that of Iohn Patriarke of Constantinople surnamed Scholasticus be it that he speake of an other later he reiects it not for not hauing bene antient enough but for being too antient for as much as manie lawes of the Emperor Iustinian which are there inserted haue ceased to be in vse hauing bene abrogated by the later Emperors yet lesse is this repugnant to it that the canons intituled from the Apostles are quoted in this synagogue vnder the number of eigthie fiue canons Whereas Doonisius exiguus and after him Cresconius report but of fiftie For bsiedes this that the greeke code of Dionisius as hath bene aboue noted was very lame and defectiue it is certaine that the Greekes both before Theodoret and before Dionisius Exiguus retained eightie fiue as appeares by these wordes of the councell of Constantinople surnamed Trullian Wee ordaine that the eightie fiue canons which haue bene receaued and confirmed by the holie Fathers who haue preceded vs and haue bene giuen vs by them vnder the name of the canons of the holie and glorious Apostles remaine from hence forward ãâã and vnmoueable And by the councell of Constantinople holden vnder Nectarius in the cause of Agapius and of Bagadius more then sixtie yeares before Theodoret that the councell Trullian canoniseth in these wordes Wee seale also the canons of the holie fathers which reassembled theÌselues anew in this religious imperiall cittie vnder Nectoirius Archbishop of the same cittie vnder Theophilus Archbishop of Alexandria Which couÌcell holden vnder Nectarius in the cause of Agapius and Bagadius cites the seauentie sixth Canon of the Apostles for I will not renewe the difference that hath bene since Pope Gelasius betwene the greeke and latine church in regard of these Canons intituled from the Apostles It sufficeth to defend the antiquitie of this Synagogue that from before the time of Theodoret the Greekes held eigthie fiue canons for Apostolicall canons and this may be said touching the sixth obiection lett vs dispatch the two others The seauenth obiection that the Popes aduersaries propound against the authoritie of the canons of the Councell of Sardica is that Pope Adrian the first in the epitomy of the canons that he addresses to Charlemaine saith that the Canons of the councell of Sardica are not to be found amongst the Greekes and that Pope Nicholas the first in his Epistle to Photius Patriarke of Constantinople and to the ãâã writes The Councell of Sardica which you saie you haue nott To this obection then wee answere two thinges the one that if Photius who was author of the schisme which lasts to this daie betweene the greeke and Latine Church should haue said by malice and to couer his intrusion in to the Patriarkship of Constantinople which he had vsurped vpon ãâã true and lawfull Patriarke that the Greekes had not or receiued not the Councell of Sardica it were noe great meruaile no more then that the Bishops of Egypt writt to the Emperor Leo to couer their heresie that they knew not the Synod of the hundred fifteen fathers that is to saie the first generall Synod of Constantinople in the which neuerthelesse Timothie the first their Patriarke had assisted and presided For Photius hauing intruded into the Patriarkship of Constanstinople against the Canons of the CouÌcell of Sardica which forbad LaymeÌ to vsurpe ecclesiasticall charges there is noe doubt but he would willingly haue auoided that which condemned him And the other that it is a mistaking in Pope ãâã who deceaued himself vpon the Epitomy of the Canons of Pope Adrian who was deceiued vpon Dionisius his collection For not only the Councell of Constanstinople surnamed Trullian that the Greekes intituled the sixt generall Councell which was more then an hundred and fiftie ãâã before Pope Adrian more theÌ two hundred before Pope Nicolas ãâã before Photius that Photius himself canoniseth registers it in his ãâã as an vniuersall oecumenicall CouÌcell writes Wee seale also the ãâã that haue bene publisht by the fathers assembled at Sardica Carthage by those which reassembled theÌselues the second time in this Religious and imperiall ãâã vnder Nectarius Archbishop of this imperiall Cittie and Theophilus ãâã of Alexandria But Photius himself in his Nomocanon insertes allmost ãâã euery title the canoÌs of the couÌcell of Sardica those particularly of the Episcopall appeales to the sea Apostolike after Photius SimoÌ ãâã Zonara BalsamoÌ Alexius Blastares Harmenopolus other later ãâã Canonists The eigteenth last obiection that the aduersaries of the church make against the authoritie of the canoÌs of the couÌcell of Sardica ãâã that the practises of episcopall appeales which are the subiect of the third fourth and fift Canon of the CouÌcell of Sardica hath bene long ãâã to the Easterne Church For proofe whereof they alleadge six ãâã the first is that Socrates speaking of Cyrill Bishop of Hierusalem who had appealed from the Councell of Palestina holden vnder Acacius Archbishop of Cesarea to a greater iudgment that is to saie to the iudgement of the Councell of Seleucia saith that Cyrill practised the first and ãâã one of this kind of proceeding making vse against the custome of the ecclesiasticall Canon of appeales as in a lay iudgement The ãâã that the first Councell of Constantinople that was called the ãâã generall one ordained that after the Synod of the Prouince the ãâã of the Patriarkship might examine in the second instance of the ãâã of Bishops but that if after the Synod of the Patriarkship anie one ãâã dare to importune the eares of the Emperor or of secular Princes ãâã disquiet the generall synod that he bee no more receaued to pursue his ãâã The third that the Emperor IustiniaÌ saith that froÌ the senteÌces of the Patriarkes there is noe appeale no more then from the sentences of the Prouosts of the Pretory The fourth that the Emperor Iustinian ordaines that if a Clearke attempt anie Cause against his Bishop ãâã bee iudged by his Metropolitan and in case the one of the parties ãâã to obey the iudgement the Patriarke of the diocese shall end ãâã The fifth that the Emperors Leo and Constantine declared that the sentence of the Patriarke was not subiect to appeale as being the Prince of Ecclesiasticall iudgements And the sixth that Photius in his Nomocanon saith there is noe appeale from the sentence of the Patriarkes To the first then of those obiections which is that Socrates saith that Cyrill Bishop of Jerusalem was the only and
king answeres to the first obseruation that it can not be applied to the Hipothesis proposed without manie defects For so farr is this English Church from hauing departed from the faith of the ancient Catholicke Church which she honours and reuerences as she is not so much as departed from the Faith of the Roman Church in as much as she consents with the Catholicke Church THE REPLIE I Appeale from Phillip to Phillip that is to saie from the most excellent King to himselfe for what doth my first obseruation import yea according to the abridgement that this maiestie hath made of it but that the name of Catholicke doth not only denote faith but also communion with the Catholick Church and therefore that the antient writers would not suffer those to be called Catholickes who had separated themselues from the communion of the Church although they retained the Faith thereof Now how then is it that the most excellent King alleadgeth to shewe that this obseruation cannot be applied to his Hypothesis without manie errors that he is not departed neither hee nor his Church from the faith of the antient Church For the obseruation wherein it is handled being that to be Catholicke it is not sufficient not to be separate from the Church of the Catholicke faith but also not to be separated from the communion of the Catholicke Church is it not fussicient to applie it to the Hipothesis and to except the most excellent Kinge from the title of Catholicke that his Maiestie hath separated himselfe not from the Faith if soe be he had not done soe but froÌ the onlie coÌmunion of the Catholicke Church And if the most excellent King saith that she from whom he hath separated himself is not the same Catholicke Church as she was in the time of the Fathers and of whom the Fathers said that out of her communioÌ the title of Catholicke nor the reward of saluation could not be obtained must he not shew that there is an alteration happened in thinges which are of the essence of the Church and without which the verie being of the Church cannot be preserued and besides this that he must finde out and cause to appeare an other societie wherein the succession of the doctrine and of the ministrie both of the communion and of the prerogatiues of the antient Catholieke Church hath continued and whereto he hath ranged himselfe to the end that adhering thereto he may saie that he hath not separated himselfe from the communion of the antient Catholicke Church but is returned into it Of the personall suceession of the Bishops CHAP. XXII The Continuance of the Kings Answere IF wee seeke for the succession of persons wee haue in being the name of Bishops and the succession vninterrupted from the first THE REPLIE IT sufficeth not to constitute the personall successioÌ of Bishops that some are entred in the steede of others but they must bee entred with the same forme and with the same conditions essentiall to a Bishopricke that their predecessors entred withall Noe more then it sufficeth to make the Priests of Ieroboa Successors to the true Leuiticall Priests that he had driuen awaie that they came into their places not being come in with coÌditions necessarie to succeede theÌ And therefore whether the mission of the Bishops which are at this daie in England be a true ecclesiasticall mission made by ecclesiasticall authoritie and with the iust ecclesiasticall formes or rather a politick mission I forbeare to dispute Onlie I will saie that there are two kindes of successions in the personall continuance of a Bishops Sea the one the succession of authoritie and the other the succession of the character Whereof it is ãâã that the English according to the principles commoÌ to them and vs haue not the one and it is euideÌt that according to their owne particular principles they cannot haue the other For there doe meete together or concurr according to vs two conditions in Episcopall mission the one concerning the collation of authoritie the other concerning the impression of the character which comes from the part of the sacrament of order which wee conceaue to imprint a Seale which cannot be blotted out Now the condition which concernes the character which we will heere call sacramentall mission may well be preserued out of the Church for as much as the character cannot be blotted out and consequently may be giuen though vnlawfullie yet reallie out of the Church by them that haue carried it out of the Church But that which coÌcernes authoritie which wee will call notwithstanding the barbarisme of the word authoritatiue missioÌ although it caÌnot be giuen in the Church without the other yet it cannot be carried awaie nor giuen with the other out of the Church and may be taken awaie by the Church from them to whom she hath giuen it when she shall iudge it necessarie to depose or degrade them As the Councell of Sardica deposed Narcissus Menophantus and others who notwithstanding left not to preserue the character of the sacrament euen as the officers of a prince when they ioyne themselues with a faction of rebells may carry with them the Seale and the character of the Patent of their offices and preserue it out of the state and out of the common wealth but they cannot carrie ãâã the authoritie of their office with them And therefore when they that haue bene degraded by the Church or ordained out of the Church returne to the Church the lawfull authoritie to exercise their function must be restored to them either by a particular rehabilitation or by a publicke declaration that the Churches makes to receaue them into her communioÌ with the exercise of their charges which serues them for a generall rehabilitation As when the Arrians returned to the Catholicke faith the Church restored to their Bishops the lawfull authoritie to administer the Bishop ricks whereof the ecclesiasticall lawes had depriued them and rehabilitated them all at once by the publicke declaration that she made to admitt them with the function of their charges From whence it appeares that they that are ordained out of the Church and by an other societie then by the true Church although they be indeede Bishops as for the Character of the Sacrament neuerthelesse they are not Bishops as for the function of authoritie and as manie times as they shall pretend to vse their authoritie without being rehabilitated by the Church soe often they commit sinn and sacriledge Let vs consider saith S. HILARY speaking of the Fathers of the CouÌcell of Nicea what wee doe doe wee that anathematize them c For if they haue not bene Bishops we caÌ be none And S. ATHANASIVS It is impossible that the ordination of SecuÌdus as made by the ArriaÌs should haue anie force in the Catholicke Church And S. HIEROME There are at this daie noe Bishops in the world sauing those that were ordained by the Synod And the lawe of the Emperors
therefore the Arrians which are at this daie in Polonia or in Transiluania may well preteÌd similitude of doctrine without the ancient Arrians which were in the time of the Councell of Nicea but not SuccessioÌ of doctrine for as much as their doctrine hath not bene traÌsmitted by a liuing perpetuall chaine of teachers and Pââââons taught from the ancient Arrians to them For as the fire of the high places was indeede one in similitude with that which came downe from heauen to serue for a beginninge to the fier of the mosaicell sacrifices but not one in vnitie of Succession there being but the only fier preserued for this effect in the Altar of Hierusalem whicb was one in vnity of Succession with that Soe a subsequent doctrine may well be one in vnitie of Similitude with a precedent doctrine without anie flux of continuance to haue bene betweene them but a Subsequent doctrine cannot be one in vnitie of Succession with a preceding doctrine if it haue not bene deriued from it by a perpetuall channell of instruction and by an vninterrupted traine of teachers and persons taught which is that that the Fathers as wee haue elswhere shewed call consanguinitie or genealogie of doctrine to witt a propagation of doctrine deriued without interruption from Father to sonne as by a tree of consanguinitie euen as children are deriued by a perpetuall traine of generation from their Fathers from their Grandfathers and from their great Grandfathers blood And in this Sence S. ATHNASIVS after he had combated the Arrians by the Scrptures and acknowledged that their obstinancie made them indocill to his argumentes made vse of the Succession of doctrine Behold said hee wee haue proued the Succession of our doctrine deliuered from hand to hand from Father to sonn you new Jewes and children of Caiphas what Predecessors can you shew for your words And sainct PACIAN against the Nouatians I holding myself assured vpon the succession of the Church contenting myselfe with the peace of the antient congregation haue neuer studied discord And so whether shee which is at this daie called the English Church haue similitude of doctrine with the Fathers of the first fowre Councells in the pointes which are in controuersie betweene her and vs is that which is in question and which we denie that she can proue but that she hath succession of doctrine with the Church of the first fowre Councells is a thing which cannot bee so much as Challenged For there is noe man that dare saie that the doctrine that the English Church holds at this daie in the points coÌtested betweene her and vs is come by a perpetuall and vninterrupted chaine of teachers and persons taught from the Church in the time of the first fowre Coucells vnto her seeing that without goeing higher in the beginning of the Raigne of King Henry the eigth she held directlie contrarie to what she holdes now I omitt to saie that besides the succession of the ministrie and the succession of doctrine there is an other third succession which is that of communion by which from age to age the most Antient in the Societie of the Church receiued into their communion those that came in after them and by this continuance and chaine of communion the faithfull of subsequent ages communicated with them of preceding ages a thing which can not be betweene the members of the antient Catholicke Church and the members of her which at this daie calles her selfe the English Church because their Predecessors haue excluded disinherited and excommunicated them For not onely in the more antient ages the generall Bodie of the Catholicke Church had excommunicated by retaile those which held some one point other some an other of this Rapsodie of doctrines which the Puritans call reformation but particularly the English Church excommunicated in the time of Henry the eigth those that held the doctrine that she which is called the English Church now holdeth Of the holding of a Councell CHAP. XXIV The Continuance of the Kings Answere GIVE vs a free Councell and which shall not depend of the will of one ãâã THE REPLIE IF by the word alone his maiestie intends the Pope what CouÌcell was euer more free in this regarde then the second Councell of Nicea which was celebrated in Bythinia a Prouince of Asia out of the West and out of the Patriarkshipp of the Roman Church and in an other Empire and where there were none of all the Latine Church but only two Priests which represented the Popes person Or what Councell was euer more free in the same regard then the Councell off Constance wherein then when the differences of Faith were treated of because the Papacie was in question not only the Pope did not assist there but euen all the three pretended Popes where deposed For what was practised against Iohn Husse Hierome of Prage after they had againe fallen into the doctrine that they had abiured was done the Pope and his competitors in the Papacie being absent and while they proceeded in contumacie against him euen when they publisht the decrees of the Superioritie of the Councell aboue the Pope Or what Councell finallie was euer more free then the Councell of Florence whereat there assisted the Emperor of the East and the Patriarke of the Greeke Church and a great number of Greeke Bishopps who all had libertie to determine and giue their voyces and euen those that gaue them against the commoÌ opinion of the Councell persisted in their obstinancie as Marke of Ephesus returned safely into their countrey And neuerthelesse in those three Councells there were decided almost all those things which are at this daie questioned in Christian Religion For if to make a Councell free it must be holden in the state of a Prince which fauours neither partie of the contestors what Councell can be exempt from calumny For doe not the Arrians put it amongst the reproaches of the Councell of Nicea and of the first of Const that they were holden vnder Constantine and Theodosius who were abettors of their owne partie and whose authoritie preuailed there And did not the Eutychians reproach the Councell of Chalcedon for the authoritie of the Emperor Marcian that had there fauored say they their aduersaries From whence euen to this day they call those that hold the opinion of the Councell of Chalcedon Melchites that is to saie Rogalists or Imperialists but if his maiestie intend by a free Councell a Councell where the Pope neither assists personalie nor representatiuely how can it be that in a time wherein there is no Schisme in the Papacie a Councell shall perfectly represent the vniuersall Church if the visible head of the Church be neither there personallie representatiuely or confirmatiuely And what will become of those antient Maximes That it is not lawfull to rule the Churches or call the Councells without the Bishop of Rome And againe that the ecclesiasticall lawe anulls all decrees made
without him in CouÌcells And then when the conditioÌs requisit for the libertie of a Councell shall be resolued vpoÌ what fruite caÌ be drawne from it if it be not agreed before it be assembled that all that is decreed there must be holdeÌ for infallible For if after such a Councell shall haue bene celebrated it rest still in the choyce of euery particular person to iudge whether the Councell shall haue iudged conformablie to the word of God who knowes not that this is not to submitt their iudgment to a Councell but to submitt a Councell to their iudgement and so to ãâã things noe further aduanced after the celebration of a Councell then before Now how is it that those who hold that the vniuersall Church may erre should hold that the authoritie of a generall Councell should be infallible which hath noe authoritie of infallibillitie but in as much as it represents the vniuersall Societie of the visible Church where of it is the voice and organ and of all the pastors where of it beares with it the tacit deputation And how can those hold that the vniuersall Church should be infallible cannot erre that hold that indeede she hath erred and that after soe manie ages there was noe visible part of the Church which hath not bene plunged in a pitt of errors repugnant to saluation and contrarie to faith But whether his maiesties offers ought to be examined in a formall Councell or in a verball conference wee are readie to assist at it and to shew that the English Church in pointes contested betweene vs and her hath neither Succession nor Similitude of doctrine with the Church of the time of the first Councells Of the reduction of the Disputation to the State of the Question CHAP. XXV The continuance of the Kinges answere THe English Church is readie to yeeld an accompt of her Faith and to proue by effect that the designe of the Authors of the Reformation vndertaken in this Prouince hath not bene to build anie new Church as the ignorant and malicious haue slandered her but to re-establish her that was fallen in the best manner that might bee THE REPLIE IT is not the question in the proceeding that wee haue framed to knowe whether the ayme of the Authors of the ReformatioÌ of England hath bene to make a new Church or to restore that which was fallen and to sett it vp againe in a better forme although the subsequent words of his maiestie where he saith that the action of the English Church hath bene a returne to the ancient Catholick Faith and a conuerfion to Christ the onlie master of the Church testifie that it hath bene a new refection and re-edification of the Church For noe it hath bene a new refection and re-edification of the Church For noe Societie in whose faith there is an auersion from Christ and from the ancient Catholicke beleefe can possesse the beeing and the name of a Church But in Summe howsoeuer it be it is not that that is the question in the proceeding that we haue framed but only to knowe whether the Catholicke Church when the English portion separated it selfe from her had so degenerated from the ancient Carholicke Church which was in the tyme of the first fower Councells in thinges importing the ruine of Saluation and the destruction of the being of the Church as she was noe more the same Church as she had bene in the time of those ages And consequently that it was noe more necessarie to obtaine the title of Catholicke and the participation of Saluation to communicate with her but contrariwise was necessarie to be seperated from her and not to commnnicate with her It is that that is the question it is that whereabout we must combat and to shewe some condition some doctrine or custome holden in the Catholicke Church at this daie that may be pretended to be repugnant to saluation and which destroyes the being of the true Church that hath not bene in the Catholicke Church in the time of the fower first Councells Of the inuention of order in the iustification of the reformation before the proofe of the Deformation CHAP. XXVI The continuance of the Kings answere NOw they haue iudged amongst the best that which had bane giuen by the Apostles to the breeding Church and which had bene in practise in the age neerest them THE REPLIE NEither is it the question of what they haue iudged but of the change that is happened betweene the ancient Catholicke Church and the morderne and of the importance of this change that is to saie whether there be happened anie change betweene the estate of the ancient Church the estate of the Church of the last ages of such importance as for that people might be permitted to separate themselues from her communion Which cannot be if some thinge haue not bene taken awaie from the forme of the antient Church which was necessarie to saluation or added thereto which was rèpugnant to saluation For if the moderne Catholicke Church were yet the same Church in matters of Faith and saluation as it was in the time of the fowre first Councells whatsoeuer reformation they haue pretended to make hauing separated themselues from her they cannot possesse the title of Catholicke whereof the question is nor obtaine saluation for as much as saith S. IRENEVS No reformation can be made that is of such importance as the crime of schisme is ãâã Besides It must bee first determined whether the Catholick Church were deformed in matters of faith and saluation before the English Church can be thought to be reformed in being seperated from her For the English Church could not seperate herselfe from the Catholick Church whereunto before she was ioyned in communion if first it did not appeare to her by proofes necessatie and demoÌstratiue that saluation could not be obtained in the Catholicke Church that is to saie she coulde not proceede to reforme her selfe in separating herselfe from her whole till it must first appeare to her that the whole from whence she separated her selfe were deformed and with a deformation incompatible with saluatioÌ Now that could not appeare that betweene the antient Catholicke Church of the time of the first fowre councells which wee on both sides graunt to be the true Church and whereof there remaines to vs monuments sufficient to instruct vs of the integritie of her doctrine and of her Sacraments and ceremonies and the Catholicke Church of this time there had happened opposition in matters importing gaine or losse of Saluation And therefore it is to that time that we must coÌfront the state of the Church of this time and not leaue the ages of the fowre first Councells of whose estate wee haue more light and monuments then of the preceding ages to goe vp to those of whose estate we ãâã recourse not to finde therein more conformitie but to finde therein lesse instruction For as for the Church in the time of the Apostles
their mouthes that think to call it in question And yet lesse will I stand to solue this that Iustinian in the lawe Constautinopolitana writes that the Church of Constantinople is the head of all the other Churches For it shall be shewed heereafter that he speakes of the other Churches of the iurisdiction of Constantinople which are treaetd of in the lawe and not of the other Patriarkall Churches amongst which Iustinian neuer attributed but the second ranke to the Church of Constantinople as it appeares by the Nouel ãâã where he saieth We ordaine following the definitions of the fower first Councells that the holy Pope of the ancient Rome is to be first of all Prelates and that the most Blessed Archbishop of Constantinople or new Rome shall haue the second place after the holy Sea Apostolicke of old Rome and shall be preferred before all the other Seas And why then when Epiphanius was dead and that Anthymus Bishop of Trebisond had bene made Patriark of Constantinople in his steede did Anthymus oblige himselfe by protestation written to all the other Patriarkes to obey the Pope Anthymus saith the Councell of Constantinople held vnder Menas promiseth to doe all that the Archbishop of the great Sea Apostolick should ordaine and writt to the most holy Patriarkes that hee would in all things followe the Sea Apostolike And why theÌ wheÌ Pope Agapet was a while after arriued at CoÌstantinople did he depose the same Anthymus Patriark of Constantinople and then euen in Constantinople and in the sight of the Emperor Iustinian that fauour'd him and excommunicated the Empresse Theodora his wife who did obstinately maintaine him and ordained Menas priest of Constantinople Patriarke in his steede Agapet saith Marcellinus Comes an author of the same tyme being come from Rome to Constantinople draue away Anthymus soone after his arriuall from the Church saying that according to the ãâã rule he was an adulterer because hee had left his Church and had vnlawfully procured another and ordained the priest Menas Bishop in his roome And Liberatus one likewise of the same tyme with Marcellinus Comes saith The Empresse in secret promising great presents to the Pope if he would leaue Anthymus in his ãâã and on the other side proouing him with threates the Pope persisted not to ãâã to her demaund And Anthymus seing he was cast out of his Seate gaue vp his Mantle to the Emperor and retired himselfe where the Empresse tooke him into her protection and then the Pope for the Emperors sake ordained Menas Bishop in his steede consecrating him with his owne hands And Victor of Tunes of the same tyme with Liberatus published by Ioseph Scaliger Agapet saith he Archbishop of Rome came to Constantinople and deposed Anthymus ` Bishop of Constantinople vsurper of the Church for it must be read peruasorem and not ãâã uersorem and enemy to the Councell of Chalcedon and excommunicated the Empresse Theodora his Patronesse and made at the same time Menas Bishop of the Church of Constantinople And the Emperor Iustinian himselfe We knowe saith hee that the like thing hath bene done in the case of Anthymus who was deposed from the Seate of this royall cittie by the most holy Bishop of the Ancient Rome Agapet of sacred and glorious memorie For those that from these insuing words of Iustinians but he hath bene also deposed and condemned first by the sentence of this Prelate of holy memorie and after of the sacred Synod heere celebrated doe inserre that the finall deposition of Anthymus was not made by the Pope but by the Councell of Constantinople doe not consider that the first clause of Iustinian speakes as shall appeare heereafter of the deposition of Anthymus from the Patriarkall Seate of Constantinople which was done and perfected by the Pope And the second speakes of the deposition of Anthymus from the Archbishopricke of Trebisond which was begun by the Pope but hauing bene tyed to certaine conditions which the continuance of the Popes life did not permitt him to cleere it was finished after his death by the Synod of Constantinople But tyme presseth vs lett vs hasten And why then when Menas Patriark of Constantinople gaue his voyce in the Councell of Constantinople vpon the second deposition of Anthymus that is to say vpon his deposition from the archbishopricke of Trebisond did he say we followe as you knowe the Sea Apostolicke and obey him and haue his communicants for ours and condemne those that are condemned by him And why then when the body of the Councell formed a sentence against the same Anthymus is it couched in these termes We ordaine following things well examined by the holy and blessed Pope c. that he shall be cutt of from the bodie of the holy Churches of God and cast out of the Archbishops Seate of Trebisond and depriued from all dignitie and Sacerdotall action and according to the sentence of the same holy Father stript from the title of Catholicke And why then when the Emperor Iustinian would at the instance of the Empresse Theodora his wise who was an Eutychian persecute Pope Siluerius Agapits Successor doth Liberatus ArchdeacoÌ of Carthage an AfricaÌ author and of the same tyme and that Hinemarus an ancient Archbishop of Rhemes cites vnder the title of a Saint say that the Bishop of Patara in ãâã one of the prouinces of Asia disswaded him from it by the remonstrance that he made him that there was noe temporall monarchie which was equall in extent to the spirituall authoritie of the Pope He represented to him said Liberatus the iudgement of God vppon the expulsion of the Bishop of soe great a Sea admonishing him that there were manie kings in the world but there was not one of them as the Pope who was ouer the Church of the whole world who had bene dispossessed of his seate And why then when the same Emperor Iustinian would erect the first Justinianea of Bulgaria the cittie where he was borne into the forme of a supernumerarie Patriarkship did he ground his ordinance vpon the Vicarship and concession of the Pope Wee ordaine said hee that the Bishop of the first Justinianea shall alwaies haue vnder his iurisdiction the Bishops of the Prouinces of the Mediterranean Dacia of Dacia Ripensis of Triballea of ãâã of the vpper Misia and of Pannonia c. and that in all prouinces subiect to him he shall holde the place of the sea Apostolicke of Rome according as things were defined by the most holy Pope Vigilius And why then when Rusticus deacon of Rome of the same tyme with Justinian writt his booke against the Ascephales did he make this graue exhortation to himselfe Remember that thou art a Christian and a Deacon and that of the most soueraigne Church of all the world And why then when the Bishops of France celebrated the second Councell of Tours 1048. yeares agoe did they say our Fathers
haue alwaies obserued what the authority of the Prelates of the sea Apostolicke hath commaunded And why then when saint GREGORIE the Great to whom I haue brought downe this information as well because the English men deriue from him the originall of their Mission Ecclesiasticall as because Calume propoundes him for true and lawfull modell of the iurisdiction of Popes reprehended 1027. yeares agone Natalis Bishop of Salona in Dalmatia for the fault that he had committed for which he after did penance in deposing Honoratus Archdeacon of Salona notwithstanding Pope Pelagius letters did he write to him that such a disobedience had bene intollerable euen in one of the fower Patriarkes If one of the fower Patriarkes said hee had committed such an act soe great disobedience could not haue escaped without a greeuous scandall And why then when Clementius Primat of Bysacia in Africa had bene accused before the Emperor and sent backe by the Emperor to the Sea Apostolicke doth the same S. GREGORY saie If there be anie faulte in the Bishops I knowe not what Bishop is not subiect to the Sea Apostolicke if a faulte require it not according to the reason of humilitie we are all equall And why then when John Archbishop of Larissa in Thessalia had vniustly and vnworthily condemned Adrian Bishop of Thebes one of the Bishops of his iurisdiction and that the Bishop of Thebes had appealed to Rome from him did S. Gregorie ecclipse the Bishop and Bishopricke of Thebes from the iurisdiction of the Archbishop of Larissa his Metropolitan and declared the Archbishop of Larissa if euer he attempted more to exercise anie act of Metropolitan ouer him interdicted from the sacraments soe as they could not be restored to him except at the howre of death but with the leaue of the Bishop of Rome Wee ordaine said hee that thy brotherhood abstaine from all the iurisdiction which you haue formerly had ouer him and ouer his Church And a while after that if in anie time or for ãâã occasion whatsoeuer thou shalt attempt to contradict this our statute knowe that we declare thee depriued from the sacred communion soe as it may not be restored to thee except in the article of death but with the leaue of the Bishop of Rome And why then finally when the Patriarke of Constantinople had gotten the vpper hand of the other Patriarkes did he continue to suffer appeals of causes from his iurisdiction to the Popes tribunall and to acknowledge himselfe subiect and inferior to the Pope Iohn priest of Chalcedon saith S. GREGORIE in the cause that he had against our Brother colleague Iohn Bishop of Constantinople hath had recourse according to the Canons to the Sea Apostolicke and the cause hath bene determined by our sentence and againe pronouncing the restitution of Athanasius a priest and a Religious man of Lycaonia who had bene deposed and cast out of his monastery by the same John Patriarke of Constantinople and had appeald to him Wee declare thee said hee to be free from all spott of heresie and a Catholick c. and giue thee free leaue to returne into thy Monasterie and to holde there the same ranke as thou didst before And againe who doubts but the Church of Constantinople is subiect to the Sea Apostolicke which the most Religious Emperor and our brother Bishop of the same towne doe continually protest For as for the word vniuersall Bishop wherein the Bishop of Constantinople desired to participate with the Pope but vnder the Pope and in the Empire of the East forasmuch as Constantinople had bene erected into the title of the second Rome it shall be answered in a chapter by it selfe for the resusall that S. GREGORIE made to vse the title of vniuersall Bishop though it had bene giuen to his Predecessors in the Councell of Chalcedon it shal be satisfied in the same place and shewed that it was because of the euill sence the word vniuersall Bishop might receiue which was to signifie only Bishop and soe exclude the other Prelates from the title of Bishops in chiefe and of ministers and officers of God and to hold them but for committees and deputies of the vniuersall Bishop as the same S. GREGORIE protestes when he faith If there be one that is vniuersall Bishop all the rest are noe more Bishops and not to depriue himselfe from the superintendencie and iurisdictioÌ ouer all other Bishops of which he cryes cleane contrary If there be anie crime in the Bishops I knowe noe Bishop but is subiect to the Sea Apostolicke if noe crime require it according to the reason of bumilitie we are all equall Of formed letters CHAPT XXVI The continuance of the Kinges answere THEN were alsoe in frequent vse formed letters by the commerce and contexture where of the communion was admirably exercised amongst all the members of the Church how farr soeuer they were distant one from an other in place THE REPLIE IT is true but the center of this communion and of this Ecclesiasticall vnitie which was exercised and entertained by the commerce of formed letters was the Sea Apostolicke and the Roman Church This appeares by S. Ireneus who cryes to the RomaÌ Church because of a principality that is to say as it hath bene aboue manifested because of the principalitie of the Sea Apostolicke it is necessary that euery Church should agree This appeares by S. Cyprian who calls the Roman Church the chaire of PETER and the principall Church and the originall of Sacerdotall vnitie This appeares by the lawe of the Emperor Gratian which ordained that the Churches should be deliuered to those that were in the Popes communion Hee ordained saith Theodoret that the sacred howses should be restored to those that coÌmunicated with Damasus And a while after and this lawe was indefinitely executed in all nations This appeares by S. Ambrose who writes speaking of his Brothers comeing into one of the citties of the Isle of Sardinia He asked the Bishop of that place whether he agreed with the Catholicke Bishops that is to saie added he with the Roman Church This appeares by S. IEROME who writes to Pope Damasus I am ioyned in communion with thy Blessednesse that is to saie with Peters chaire I knowe the Church is built vpon that Rocke whosoeuer is not in the Arke he shall perish at the coming of the floud he that eates the lambe out os this howse is profane And a while after Whosoeuer gathers not with thee scatters that is to saie whosoeuer is not of Christ is of Antichrist And againe Send me word with whom I ought to communicate in Antioch for the heretickes of Campes with those of Tharses haue noe other ambition but that they might vnder the authoritie of your communion preache the three hypostosies according to the ancient vnderstanding And in an other place The while I cry if anie of you be ioyned to Peters chaire he