Anthemius whereas being made Pope in dede he woulde not perfourme his promise nor contaminare that holy See with the approuing of any Heresy he was by a trayne brought to Constantinople and so banished And all this was done rather by the wicked Empresse then by IustiniaÌ„ who as Liberatus wâ—iâ—eth restored againe Siluerius though by the meanes of Belisarius he was caried awaye againe into banishmeÌ„t and Vigilius also as it appeareth in his life though he died by the waie in Sicilia But what wil M. Iewel conclude hereof Will he reason thus Iustinians wife being an heretike expelled two godly bishoppes of Rome by violence Eâ—go his Constitution of pronouÌ„cing the Seruice alowde was made for the Church of Rome This argument hangeth very loosely Euery childe maye see thourough it Iewell Touching this Constitution the lawe saieth Generaliter dictum generaliâ—er est accipiendum The thinge that is spoken generallly muste be taken generally And it is commonly saied Vbi leâ— non distinguit nos distingueâ—e non debemus Where the Lawe maketh no distinction theâ—e ought we to make no distinction These lawes M. Iewell are as good arguments for truantes and as fitte tooles for cauillers as can possibly be deuised And you knowe M. Iewell Dolosus veâ—satur in generalibus The Wrangler walketh in generalls And will you see howe manye exceptions this lawe generaliter dictum admitteth It must be restrained and vnderstanded first according to the matter whereof the lawe treateth Then accordinge to the Conditions and qualites of the persons of whom the lawe speaketh Thirdly the Circumstances of the place and time must be considered Againe the wordes which went before or which come after The Common maner of speache Some other lawe speaking more specially Last of all as the learned lawier Baldus teacheth you secundum rationem expressam vel subsequentem vel tacitè inhaerentem it must be vnderstanded according to the cause expressed or folowing after or secretly pertaining thereunto These many Conditions and twenty moe if a man would playe the Lawyer might be alleaged to restraine this generall rule of M. Iewell vnder the which he thinketh to cloke his erroure And to touche some of theÌ„ particularly the lawe saieth Verba generalia secundum sui naturaÌ„ generaliter intelligi debent General wordes must be meaned generally accordinge to their nature And so do the doctours expound the law alleaged by M. Iewel Againe the lawe saieth Verba generalia restringuntur secundum qualitateÌ„ personâ—ruÌ„ ad quas referuÌ„tur General wordes are restrained according to the qualitees of the persons vnto the whiche they are referred And so this lawe of Iustinian though the words runne generally yet it is to be restrained only to such of the Greke Churche as it was made for Farder the lawe saieth Verba generalia regulaÌ„tur a sua ratione General words are ruled by their reason or cause And so the reason or cause of IustiniaÌ„s Constitution being not the vnderstanding of the Priestes prayer but the stirring of the people to deuotion which may and hath longe tyme bene done thoughe the prayer be not vnderstanded vulgarly it maketh nothing for M. Iewels Vulgar Seruice Lex simpliciter indistincté loquens debet distingui secundum alias leges specialiter distincté loquentes The law speaking plainely and without any distinction muste yet be distinguished according to other lawes speaking specially and distinctly So certaine it is that M. Iewel hath alleaged Where the law doth not distinguish we must not distinguish And therefore yet againe the lawe saieth Lex generaliter indistincté loquens non refertur ad casus specialiter notatos The lawe that speaketh generally and indistinctly is not referred to cases specially noted And to shewe briefly what a fickle and feble grounde M. Iewell hath layed to builde his wronge construction of Iustinians Constitution vppon notwithstanding his generall rules the lawe expressely saieth Verba quantumcunque generalia ad consonum intâ—llectum restringuntur Wordes be they neuer so generall are restrained to a conuenient vnderstanding By all whiche lawes it appeareth that although generall wordes by their owne nature be generall as it is proued in M. Iewelles lawe yet circunstaunces doe quite alter order and dispose the sence thereof And thus the generall wordes of a lawe are not vnlike to a piece of clothe not yet cutt oute to make any garment Which by circunstances being framed to some speciall thinge doo then stande well and rightly for that speciall thinge Otherwise it woulde happen which the lawe saithe Plerumque dum proprietas vâ—rborum attenditur sensus veritatis amittitur Oftentimes while we sticke to the propriete of the wordes we lese the vnderstanding of the Truthe These rules therefore of M. Iewell make no argument to proue that Iustinians constitution is generall to all the Worlde but is only a smothering smoke to dasell the light of the Truthe bicause in dede as M. Iewell hathe saied him selfe Dolosus versatur in generalibus The deceitefull and wrangler walketh in generalles To come nowe more particularly to this Constitution off Iustinian the lawe geueth vs yet an other Circunstance to lighten this matter more and that is this The lawe saieth Verba intelligi debent secundum subiectam materiam Wordes are to be vnderstanded according to the matter proposed And in an other place it speaketh more expressely saying of wordes euen generally spoken Generalia verba non extenduntur ad non cogitata sed ad id tantum de quo agitur Generall wordes are not extended to that which was neuer intended but only to the matter whereof it is treated And so Iustinian making this Constitution for the greke Church though he spake generally yet his wordes are to be drawen only to that which was of him intended whiche was only the greke Churche as it shall anon appere As for example If a lawe were made Whosoeuer draweth blood with in the Courte gates shall be hanged These generall wordes generally taken according to the wisedom of M. Iewell wil hange the poticary of surgyan that letteth bloode by the Rules off his Arte to some Noble man lying sicke in the Courte In like maner a generall pardon geuen by the Clemency of the Prince shall acquitte traytours by the wisedome of M. Iewell thoughe yet the Prince intended not so But as in bothe these lawes the generall wordes are to be restrained to the intent of the lawe maker whiche is vnderstanded either by the Common maner of speache vsed in such lawes as in the Case of generall pardons or by the persons intended in the lawe as in the firste Caâ—e where poticaries and surgians were not meaned lettinge blood by their Arte euen so in the lawe of Iustinian thoughe his wordes runne generally yet they are not therefore generally to be taken Againe there is in the Constitution of Iustinian a Circunstaunce secretly included which declareth
Patriarche according to the lawes and Canons make an ende yet S. Gregory alleaging that very lawe and wordes of Iustinian affirmeth that in a Case a Sede Apostolica causa audienda ac dirimenda fuerat the cause ought to haue bene hearde and determined of the See Apostolike And thus much is M. Iewell furdered by this lawe M. Iewell saieth that Iustinian by this decree prouided a straight lawe against Appeales to Rome S. Gregory saieth notwithstanding this lawe the mattâ—r ought to be hearde and determined of the See Apostolike M. Iewell saieth by these wordes all Appeales be quite cutt of from the see of Rome S. Gregory saieth of that See notwitstanding these wordes Which is Head of all Churches So properly M. Iewell alleageth his lawes and so well he vnderstandeth them Likewise the Emperours Honorius and Theodosius haue taken Appeales awaye from the bishoppes of Rome and haue commaunded the same to be entred before the bishop and Synode of CoÌ„staÌ„tinople The lawe is written thus All innouation set a parte we commaunde that the olde order and auncient ecclesiasticall Canons which hitherto haue holden be kepte still through all the prouinces of Illiricum â—hat if any matter of doubte happen to arise it be putt ouer to be determâ—ned by the holy iudgement and assemblie of bishoppes not without the discretion of â—he most Reuerende the bishop of the Citie of Constantinople which Citie * Nowe enioyeth the prerogatiue of Olde Rome If you will be tried by the lawe M. Iewell vnderstande the lawe as the lawyers doe and then this lawe shall make nothinge against Appeales to Rome but rather confirme the same The lawe saieth All this is spoken of ciuil matters and not of Churche matters For whereas in the next title before Rome is called by the Emperour Caput omnium ecclesiarum the Head of all Churches the glose maketh argument here how then Constantinople hath the prerogatiue of Rome His answer is Ibi in ecclâ—sia quòd subsit Hic in ciuitate quòd non subsit There the lawe saieth in matters of the Churche it is subiect to Rome here the lawe saieth in matters of the Citie it is nâ—t subiect And to this purpose he alleageth diuers lawes which I leaue to the lawyers to examine Truly Chrysostom who was bishop of Constantinople in the time of this Honorius appealed to the bishop of Rome as it shall anon appeare Here M. Harding may not forgeate that the Churche of Constantinople had as great prerogatiue in al respectes of praeeminence Superiorite and vniuersalitie of charge as euer had the Churche of Rome Wherefore if the bishopp of Rome were Head of the vniuersall Churche it must needes folowe that the bishop of Constantinople was likewise Head of the Vniuersall Churche Here M. Iewell may not forgeate that as before pag. 242 so nowe againe he deceaueth his reader with a generall conclusion vpon a particular proufe The lawe speaketh of A prerogatiue and that as the glosse expoundeth in ciuill matters only M. Iewell concludeth All respectes off praeeminence Superiorite and vniuersalite off Charge The lawe speaketh in the singular numbre M. Iewell concludeth a pluralite The lawe speaketh of speciall priuilege M. Iewell concludeth an absolute and equall authorite By such false weightes falshood woulde beare downe Truthe Againe M. Iewel may not here forgeate that in this sentence of the prerogatiue of Constantinople he hath shifted in the worde Nowe more then is in the lawe to make the Reader beleue that such prerogatiue was then geuen presently by that decree of the Emperours whereas contrarely the whole Lawe tendeth only ad vetustatem canones pristinos ecclesiasticos seruandos that the olde priuileges for so the glose expoundeth Vetustatem and auncient Canons of the Church might be kept Thus M. Iewel by multiplying Vntruthes deceiueth his Reader and maintaineth his heresies Iewell And againe the Emperour Leo in plaine wordes All that be or hereafter shall be Priestes or clerkes of the Catholike Faieth of what degree so euer they be Monkes also let them not in any Ciuile Actions be drawen forthe to forren Iudgemente by the summon or commaundement of any Iudge more or lesse neither let them be dâ—iuen to come forthe of either the prouince or the Countre wâ—ere they dwell Stapleton What thought M. Iewell when he wrote this Thought he that none but fooles or his frendes woulde reade it none but either such as coulde not perceiue the matter or such as seing it well enough would yet winke at it Thought he that his sayinges and allegations should neuer be examined For what dothe this lawe make against Appeales to Rome Reade ouer the lawe gentle Reader Thou shalt see it speaketh only of immunites and liberties of the clergy in ciuill matters And will M. Iewell reason thus The Emperour enacted liberties for the clergy in ciuill matters Ergo he forebadde vtterly all appeales to Rome in ecclesiasticall matters If he woulde reason thus he neded not to haue sought so farre as to the Empire of this Leo for a lawe he might haue fouÌ„de lawes enough at home in our owne countre for such immunites and liberties of the clergy and yet no embarring of Appeales to Rome Wherefore when he concludeth vpon this lawe so saddely and stoutely saying Thus whether the Action were ecclesiasticall or Ciuil the partie was to be hearde within his owne prouince and coulde not be forced to a â—eare abrode He telleth vs the waye to London by his potte ful of plommes that hange at his saddle bowe For the lawe telleth him of Ciuill matters and he telleth vs of Ecclesiasticall matters Yet M. Iewell with his halting arguments limpeth on and saieth Iewell Certainely what good liking S. Bernarde had herein it appeareth by his wordes For thus he writeth to Eugenius the bishop of Rome VVhen wilâ— thy consideration awâ—ke to beholde this so greate confusion of appeales Ambition and pride striueth â—hrough thee to reigne in the Churche These Appeales be made beside all â—awe and Right beside all maner and good order It was aâ—uised for a remedie It is founde turned to deathe That was triakle is chaunged in to poyson I speake off the murmuring and common complaintâ—s off the Churches They coÌ„plaine they be maimed and dismembred There be either no Churches or very fewe but either smarte at this plage or stande in feare off it Stapleton This argument halteth downe right in dede S. Bernarde complaineth of the abuse of Appeales to Rome Ergo there lay no Appeales to Rome What Hath M. Iewel forgot where aboute he went Or thinketh he by Appeales to Rome to conclude no Appeales to Rome Or if it do not this conclude what maketh it here Vnlesse he be so beside him selfe in this passion of contradiction that Appeales and no Appeales a thinge and no thinge is all one Certainely what good liking Saint Bernard had in the Authorite of the See of Rome and off Appeales to
the Faythe and custome off the Catholike Churche Iewell The 92. Vntruthe ioyned with a slaunder Oure Seruice conteineth nothinge contrary to the faithe Stapleton As the Crede of the Arrians was iudged by the Fathers of the Nicene councell contrarye to the faith bicause it lacked the Consubstantialite or vnite of Substaunce of Christ with God the Father though otherwise it had no wordes in it contrary to the faith so the English Seruice containeth in it thinges repugnant to the faithe in that it wanteth the Consecration and the oblation of the Holy Mysteries as I haue before proued Also Prayer for the soules departed Memories and inuocations of the blessed Sainctes All which the Catholike faithe beleueth and practiseth in the Churche seruice though in the englishe Seruice no worde were expressed contrary to the Catholike faith But I praye you M. Iewell are the homilies parte of your Church Seruice or no You wil not denie but they are Then your homilies of only faith iustifying are contrary to the faithe of S. Iames the Apostle saying expressely man is iustified by workes not by faithe only Your homilie against Images is contrary to the faithe which the seuenth Generall Councell of Christendom established against the peuish heretikes Iconomachi your forefathers To be short the very Order of your Seruice being in the Mother tounge contrary to the practise of all Christendom hetherto as it hath in this Article appeared and of all the Catholike Church beside at this present is mere schismaticall and damnable So is also the Ministration of your bread and wine in bothe kindes by priuat authorite and condemning withall other Catholike Countres whiche vse the contrary So is in like maner the not mingling of your Communion Cuppe withe water whiche the Catholique Churche bothe Greke and Latin hathe practised as I haue before in the firste Article at large proued In these manye pointes Master Iewell youre Seruice partelye lacketh some thinges necessary partly hath some thinges repugnant to the Faithe and custome off the Catholike Churche as D. Harding moste trulye saied And thus M. Iewell you were slaundered with a Truth Now good Christian Reader for the better contenting of thy minde and for a full declaration that in Iustifying onely these Vntruthes whiche it hathe pleased M. Iewell to score vpon D. Harding most slaunderously as nowe thou seest the chiefe and principal pointes of this Article haue bene discussed and M. Iewelles Replie in the most waightiest pointes answered I beseche thee to looke backe and to consider the whole substaunce of these M. Iewelles Vntruthes in this Article and to remember what hath by occasion thereof bene saied First it hath bene shewed and proued that not onely in our Countre from the first beginning of the faith among vs Englishmen but also long before both in the greke Churche and in the Latin namely in Rome and Fraunce the Seruice was in the greke and Latin tounges whiche the coÌ„mon Vulgar people vnderstode not And herein M. Iewell is forced if he will abide to his promise to yelde and Subscribe Next the Constitution of Iustinian which hath so longe serued M. Iewell and his felowes for a mighty and principall Achilles to fortifie their Vulgar Seruice withall is proued at large to make nothinge therefore and M. Iewelles long lying Replie in that behalfe at large confuted Thirdly M. Iewelles Examples as he calleth them wherein he laboured to shewe that within the first 600. yeares some Countres had their Seruice in the Vulgar tounge are all and euery one particularly answered confuted and proued no Examples of any Vulgar Seruice in that age Whereby it remaineth that no Vulgar Seruice in all that time in any one place appearing the Only Seruice was then in the lerned tounges Greke and Latin as it is now Fourthely the Only place of holy Scripture that M. Iewell and his felowes haue to maintaine their Vulgar Seruice by namely the fourtenth Chapter of the firste to the Corinth is proued at large to make nothinge for the Vulgar Seruice but rather to ouerthrowe the same And M. Iewell in that place is founde ten times to haue corrupted the texte of S. Paule Last of all the blessed memory of oure Apostle holy S. Austin the Monke sent by holy S. Gregory to preache the faith to vs Englishmen then Heathens and paynims is defended and deliuered from the most impudent lies detestable Slaunders and desperat Reproches wherwith the tender harte of M. Iewell hath with passing Impudency charged him Other Vntruthes as they were of lesse weight so they are with lesse labour sufficieÌ„tly yet and thouroughly discharged It is nowe thy parte gentle Reader indifferently to Consider the vprightnes of M. Iewell and the Truthe of the Cause THE FOVRTHE ARTICLE Of the Supremacy of the B. of Rome THe Primacy of the Bishop of Rome that is to saye Supreme power and auctoritie ouer and aboue all Bishoppes and chiefe gouuernement of Christes flocke in matters pertaining to Faith and Christen Religion was in the first six hundred yeares acknowleadged and confessed Iewell The .93 Vntruthe For there was no such power confessed StapletoÌ„ This power is confessed by S. Gregory a Bishop of Rome within the first six hundred yeres I alleage him to you M. Iewell though he be a bishop of Rome him selfe bicause you haue in this Article alleaged him so Plentifully and so stoutely against D. Harding as if he had clerely condemned such Supreme Authorite him selfe I will alleage and vrge the very place that D. Harding bringeth and answer to all that you saie against it that the Christen Reader may see with what Passing Impudencie you alleage S. Gregory against him selfe and yet crie out with open mouthe against D. Hardinge as though he had done so The wordes of S. Gregory are these Cunctis Euangelium scientibus liquet quòd voce Dominica Sancto omnium Apostolorum Petro Principi Apostolo totius Ecclesiae cura commissa est Ipsi quippe dicitur Petre amas me pasce oues meas Ipsi dicitur Ecce Satanas expetiuit cribrare vos sicut triticum ego pro te rogaui Petre vt non deficiat fides tua tu aliquando conuersus confirma fratres tuos Ipsi dicitur Tu es Petrus super hanc petram aedÃficabo Ecclesiam meam portae inferi non praeualebunt aduersus eam Et tibi dabo claues regni coelorum c. Ecce claues regni coelestis accepit potestas ei ligandi soluendi tribuitur Cura ei totius Ecclesiae principatus committitur Et tamen vniuersalis Apostolus non vocatur It is euident to all saieth S. Gregory that knoweth the gospell that the cure and charge of the whole Church hath bene committed by the wordes of our lorde to the holy Apostle Peter Prince of all the Apostles For to him it is saied Peter louest thou mee Fede my shepe To him it
archebishop of ConstaÌ„tinople Beatissimum where the Turke now raigneth M. Iewell coulde gladly keepe What Were those foure wordes either so cumbrous for you to write out or so troublous to your printer that nedes for hast they must be left out Or did they importe more then you were gladde to expresse Thus the Pope and the Emperour S. Gregory and Iustinian be sett to Schoole kept in awe and not suffred to speake one worde more theÌ„ M. Iewel will geue theÌ„ leaue Last of al for esse primum omnium Sacerdotum that the Pope is the chiefest of all Priestes you turne it shall be the first c as though befor he were not so but only by that Decree of Iustinian had bene made so Thus by leauing out of some wordes and altering other by nipping and wronge translating by false and Vntrue dealing you thinke to bringe all the worlde a slepe to abuse and deceiue your Reader Let vs yet see whether you will hereafter amende it Thus you saie But I beseche thee gentle Reader weigh well the wordes that folow in the same lawe and thou shalt see bothe that M. Hardinges dealing .332 herein is not vpright and also that the bishopp of Rome was then .333 excluded by plaine wordes from that vniuersall power which he now â—o deepely dreameth of And I beseeche thee also gentle Reader to doe the same assuring thee herin thou shalt see bothe that D. Hardings dealing herein hath not bene faulty at all vnlesse for a man to omit his own aduantage it be a faulte and also that 〈◊〉 Bâ—shop of Rome by this place which M. Iewell with 〈…〉 Supreme Iurisdiction euideÌ„tly testified aboue a thouâ—and yeres past not as a matter lately dreamed of Iewell It foloweth immediatly VVe ordaine that the most holy Archeâ—ishop of Iustiâ—iana the fâ—â—st whiâ—h is our countâ—e shall haue for euer vnder his Iurisdiction the bishoppeâ— off the pâ—ouinces of Daâ—iâ— Danâ—a Dâ—rdania Mysia and Pannonia and that they shall be inuested by him and â—e onely by his owne Councell and that he in the Prouinces subiect vnto him shall haue the place of the Apostolike See off Rome These be the wordes of Iustinian What wil M. Iewel gather hereof He saieth Here we see The bishop of Iustiniana set in .335 as high Authorite and power within his owne Iurisdiction as the Bishop of Rome within his Yea M. Iewell But how came he by that Authorite Whose place occupied he in that Authorite Doth not the Decree say He shall haue the place of the Apostolike See of Rome And yet farder Secundum ea quae sanctus Papa Vigilius Constituit According as the holy Pope Vigilius hath appoynted These wordes M. Iewell your stomache coulde not beare And therefore you vsed a sleight of your faculty to nippe them from the whole decree being yet the cause and reason of the whole decree For those wordes M. Iewel do teach vs that not the Emperour but the Pope gaue that Iurisdiction to the Bishop of Iustiniana ouer the Prouinces aboue meÌ„tioned And againe that this Decree of the Emperour was but to confirme the Popes appointment eueÌ„ as his former Decree Sancimus c was to confirme the CanoÌ„s But M. Iewel bothe in that decree and in this such is his dealing hath nipped of the principal words of the decree to make all the matter to appeare a Laye constitution not a lawe of the Churche And yet will this man seme to holde of the Churche Now touching the matter Vnderstande you not what all this meaneth M. Iewell Euery Archebishop of CauÌ„terbury duly called to that roome hath the same Authorite in Englande as the bishop of Iustinianea had in the prouinces aboue named Euery Archebishop of Caunterbury is and hath bene allmost these thousand yeres Legatus Natus as they call it the Popes Legat by the right of his dignite S. Gregory the bishop of Rome by whose fatherly zele the Christen faith was first brought to vs Englishmen gaue the same Authorite to S. Augustin our Apostle the first Archebishop of Caunterbury So Venerable Bede recordeth in the History of our Countre These are the wordes of the Pope vnto him Britanniarum omnes episcopos tuae fratâ—rnitati committimus vt indocti doceantur infirmi persuasione roborentur peruersi authoritate corrigantur All the bishoppes of Britanny we committe to your brotherhood that the vnlerned by wholesome doctrine may be instructed the weake by good persuasions may be strenghthened the froward by iust authorite may be corrected After this sorte in the late reign of Quene Marie the Reuerend father of blessed memorie Cardinall Poole had in our countre the place of the Apostolike See of Rome And thinke you M. Iewell that either that authorite of the Bishop of Iustiniana in the prouinces aboue mencioned or the Authorite of the Bishop of Caunterbury in our countre bothe occupying the place of the See Apostolike and bothe hauing that Authorite by the Popes appoyntment doth any thinge empaire the Supreme and vniuersall authorite of the Pope And what dothe more confirme or establish the same Verely I feare me M. Iewell some of your brethern will take you here for a doublâ—â—aced Proctour as a man pleading for the cause which you seme to impugne For beholde M. Iewel hath brought vs the witnesse or IustiniaÌ„ the Emperour raigning aboue a thousand yeres past for the authorite of the Popes legat in the prouinces of Mysia Dacia Dardania and Pannonia Euery legat in all prouinces from the Popes haue the place of the Apostolike See of Rome And what coulde that place auaile them if the See Apostolike had no place there The effect of M. Iewelles argument is this Thâ— bishop of Iustiniana occupied the place of the See Apostolike in such and such prouinâ—es Ergo the Sâ—e Apostolike had no authorite in thâ—se places The Iewdenesse of this argument will easely appeare by the like The Quenes Maiesties Lieutenant in Ireland occupieth the place of hâ—r Highnes in that countre Ergo the Quâ—nes Maiestie hath no authorite there This is a rebelles argumeÌ„t against his Liege Souuerain And the other is the heretikes argument against his lawful Pastour By such Argumentes M. Iewell maintaineth his Schisme and Disobedience In like sorte the Emperour Iustinian saieth The Churche off the Cyte of Constantinopâ—e enioyeth Nowe the praerogatiue of Rome the elder Stapleton Hereof M. Iewel formeth an argument as good as the other Constantinople enioyeth the priuilege of Rome Ergo Constantinople is as of good Authorite as Rome By such ArgumeÌ„tes euery Peculiar would be as good as his Bishop euery priuileged Colledge as the Founder by whom the priuilege came euery Liberty as good as the Prince which graunted it By such argumentes also the free Denyson in Englande hauing the priuilege of a Naturall borne Englishman will be in all poyntes as free as he yea though the lawe binde him to paie a double subsidy to the Prince when the naturall
Councell and blaming therefore the Pope Iulius for not summoning them in time though yet as the ecclesiastical History witnesseth they had a yere and a halfe warning thereof Thus beside those Arrians and the other which drewe backe there were at that Councel assembled .300 bishops out of these partes of the worlde as the epistle of that Councell yet extant in the ecclesiasticall History of Theodoretus doth witnesse out of Rome of Spayne off Fraunce of Italy of Campania Calabria Aphrica Sardinia Pannonia Mysia Dacia the other Dacia Macedonia Thessalia Achaia Epiros Thracia Asia Caria Bythynia Hellespontus Phrygia Pisidia Cappadocia Ponto Cilicia the other Phygia Pamphylia Lydia off the Ilandes Cyclades off Aegypt Thebais Lybia Galatia Palestina and Arabia In this great Councel so assembled from all partes except of the Arrians we reade this Decree Placuit vt si episcopus accusatus fuâ—rit iudicauerint congregati episcopi regionis ipsius de gradu suo eum deiecerint si appellauerit qui deiectus est coÌ„fugerit ad episcopum Romanae Ecclesiae voluerit se audiri iustum putauerit vt renouetur iudiâ—ium vel discussionis examen scribere his Epâ—scopâ—s dignetur qui in finitima prouincia sunt vt ipsi diligenter omnia inquirant iuxta fidem veritatis definiant Quod fi is qui rogat causam suam iterum audiri deprecatione sua mouerit episâ—opum Romanum vt e latere suo praesbyteros mâ—ttat erit in potestate ipsius episcopi quid velit quid estimet Et si decreuerit mittendos esse qui praesâ—ntes cum episcopis iudicent habentes eius authoritatem a quo destinati sunt erit in suo arbitrio Si vero crediderit episcopos comprouinciales sufficere vt negotio terminum imponant faciet quod sapientissiâ—o consil o suo iudicauerit It hath semed vs good to Decree that if a Bishop be accused if the bishops of the prouince being gathered together haue iudged the matter and haue depriued him if the party depâ—iued or deposed do Appeale and flie to the Bishop of Rome if the Bishop will haue his cause to be heard and thinke it good to renewe the Iudgement or the trial of the matter againe let him vouchesafe to write to the bishops of the nexte prouince that they may enquire more diligently off the matter and determine it But iff the party accused desiring his cause to be hearde ones againe do intreate the Bishop off Rome to send legates from his side it shall be in the power off the Bishopp to doe as he shall thinke good And if the Pope determine to sende such as may iudge the matter with other bishops hauing his Authorite from whom they are sente that also shall be at his arbitrement Last of all if he shall iudge that the bishops of the same prouince with the party accused may suffice to ende the matter he shall do whatsoeuer by his most wise Councell he shall thinke good Thus farre the decree of the great Councel of Sardica made anon after the Nicene Councell for the establishing and confirming of the same by the consent of 300. Catholike bishops of well here all partes of Christendom In this decre we see the other Canon mentioned by you M. Iewel out of those imperfect copies which are extant to be expouÌ„ded and exteÌ„ded to that sence of Appeale which we gathered before by the decree mentioned by Iulius and the ecclesiasticall history where it is saied that no Synod may be holdeÌ„ without the Authorite of the bishop of Rome In this Decre we see a plaine and large Appeale to the See of Rome to determine the matter either by his owne Legates either by such other iudgement as he shal appointe This decree of so great a Councell holden so shortly after the Nicene Councell ought to be of more weight and authorite to expounde vnto vs the meaning of the Nicene Councell then the bare negatiue argument of M. Iewell when he gathereth thus That decree mencioneth of an Appeale to the Synod Ergo it excludeth all Appeales to Rome For nowe we see bothe that the Synod it selfe can not be good without the Authorite of the bishop of Rome and therefore the Appeale to the Synod emplieth an Appeale to the bishop of Rome and also that from the Synod the party plaintif may appeale to the bishop of Rome expressely and particularly that also by the iudgement of the saide Bishop the matter shal be determined And thus much of that Decree Let vs now see the rest of the Generall Councells which M. Iewel promised he woulde alleage Iewell The bishoppes in the Councell holden at Tela in Spayne ordeined thus Presbyteri clericine appelleÌ„t nisi ad Africana Concilia Let it not be lawfull for priestes and clerkes to Appeale to Rome but only to the Councelles holden in Africa The first of M. Iewelles three Vntruthes which I noted before doth now appeare For whereas he promised to alleage against Appeales to Rome the decrees of Generall CouÌ„cels he made an Vntruthe in the number to amase the Reader withal and alleageth only One and that also to no purpose as you haue sene Now for lacke of Generall Councelles he telleth vs of particular Synods in particular prouinces And yet all that he bringeth is only out of the CouÌ„tre of Afrike This that he alleageth of Tela in Spayne is a great and manifest Vntruthe In that Councel there is no such decree but only a Rescript to an epistle of Siricus speaking not one worde of appeales of or on Againe he hath added in his english more then is in the latin and so committed an other Vntruthe in false translation For the wordes to Rome are not mencioned or signified in the wordes alleaged As touching the Decree it selfe when you tel vs M. Iewell where it is to be founde and lie not then we shall shape you an answer accordingly Iewell So in the Mileuitane Councell Si ab Episcopis c. So likewise in the Councell of Aphrica Sâ— fuerit prouocatum c. And againe in the same Councell Non pâ—ouocent c. But what can be so plaine as the Epistle of the 217. bishoppes in the Councell of Africa c. Stapleton All these foure dishes make but one Seruice It is but a dishe of tounges brought for lacke of other store to fournishe the table It is of onely Afrike and but one decree often repeted aboute one very time and of the selfe fame men To the whole matter as it hath bene before alleaged of M. Iewell so haue we answered it before at large in the 97. Vntruthe Though M. Iewell to enlarge his Replie hath thought good to repete it yet I thinke it not good to abuse the Reader with the often and idle repeting of one thinge Yet this one thinge more then hitherto hath bene saied I wil note to the Reader by the waye This Councell of Milleuitum and the
bothe parties StapletoÌ„ Phy on heresy phy vpon wilfull blindnesse One desperat Acte of One furious heretike Donatus by name must serue M. Iewell to builde Three Greate Conclusions and Principles vpon Donatus did all this But the Emperour called it Rabidamfurioris Audaciam A desperat Rage and Fury M. Iewell calleth it a Lawfull Appeale After the bishop of Romes Iudgement the Emperour graunted to Donatus yet an other S. Angustin saieth Non quia iam necâ—sse erat sed eorum peruersitatibus cedens omnimodo cupiens tantam impudentiam cohibere Not bicause that was nedefull but bicause that the good Emperour yelded to their extreme frowardnesse and desired by al meanes to ouercome their passing outragyousnesse M. Iewell buildeth vpon this fact a Principle that all men might lawfully Appeale from the Pope to the Emperour Constantin satt in Iudgement and heard bothe parties him self S. Augustin saieth A SaÌ„ctis Antistibus postea veniam petiturus Minding to aske pardoÌ„ therfor afterward of the holy bishops M. Iewel saith it was well and Lawfully done and so it should be And this is he forsoth which wil yelde to any One SenteÌ„ce of any One Father or Doctour in a nuÌ„ber of Articles O M. Iewel If you meane plainly if you will in dede yelde to the Fathers why make you a grounde of Doctrine vpon such a facte as by their Iudgement is so detested and abhorred You offred your Reader a Feast of three faire dishes But all is moued to a Calues tounge diuersly dreste All is the desperat fact of one outragyous heretike Your Arte is good But Alas you wâ—nte Matter For beholde Of so weake proufe what a stronge Conclusion you make Iewell Nowe if receiuing Appeales necessarely importe this Vniuersall Power then was the Emperours powre Vniuersall For he receiued All appeales out of all Countres vvithout exception and that euen in Causes ecclesiasticall Loe. Of one desperat facte Of One Rabida furoris Audacia One presumptuous fury M. Iewell concludeth All Appeales out of all Countres vvithout exception I can saye no more But a whetston a whetston for you Iewell Againe then was the bishop of Romes power not Vniuersall for it was lawfull then to refuse him and to Appeale to some other Lese nothinge I pray you Conclude apase and as mightely as you can What M Iewell Thinke you to outface vs with ioyly bragges and greate vauntes as if ye were playing at poste and shoulde winne all by vyeing No M. Iewell You maye not so dor vs. Your single solde facte of One desperat heretike maye not conclude a Threefolde Principle and an Vniuersall Proufe for all Catholikes to folowe If you like such presidents folowe them we like them not we defye them They are the enemies of Gods peace the Cancre of Christen common welthes the poyson of our soules We haue better presidents lerned Fathers Catholike bishops and holy Councels to folowe bothe in making Appeales to Rome and in refusing of all Appeales to the Ciuill magistrat as it hath in this Conflict at large bene proued Nowe you make an ende Iewell And this M. Hardinges reasons renne roundely against him Thus M. Iewelles proufes haue all failed him His threefolde Assaulte in Conclusion hath proued but single solde Hitherto of Appeales from the chiefest Patriarkes of the worlde to the See of Rome whereby the Superiorite and Primacy of that See ouer all Churches is vnuincibly proued All that M. Iewell coulde possibly deuise to saie against it is answered I trust sufficiently God graunte my small labour may edifye and helpe to bringe vs to the dewe Obedience of Christes vicair here on earthe without the which we shall neuer see ende of heresyes schismes and dissension Harding The speciall grace and singular priuilege of the Churche of Rome neuer to faile in the faithe is to be imputed vnto the praier of Christ by which he obteined of God for Peter and his successours 108 that their faith shoulde not faile Iewell The .108 Vntruthe For many Popes haue erred faithe as shal appeare Then it behoueth vs to answer to the reasons and argumentes by which you will persuade that it will so appeare First you alleage three places out of the prophets wickedly and notoriously wrested and wrethed as it hath before bene declared in the 105. Vntruthe where you drawe vs to this common place of holy scriptures by you wrested and wrethed from their due and right meaning And truly to this purpose they make nothinge Vnlesse M. Iewell will frame his reasons after this sorte Micheas saied that the priestes and Prophetes being wicked rested them selues vpon the Lorde Hieremy saieth of the priestes and of the elders that they had a confidence in their Councell and lawe as though it shoulde neuer faile Item Micheas againe saieth that the priestes of the Iewes should haue night and darkenesse in stede of their visions and prophecies Ergo many Popes haue erred in the faithe Who euer made any such argumentes in any schole what will M. Iewell make folcke beleue that Micheas and Hieremy the prophets haue writen in their prophecies that many Popes haue erred in the saithe Iewell Or doth M. Iewell thinke that these reasons must be taken bicause he speaketh the worde But he will saie Micheas an hieremy do tell vs that the priestes did amisse and yet craked that they coulde not be deceiued We denie it not But did they speake any thinge of the Popes of Rome did they testifie so longe before that they should erre in the faithe why maie we not thinke rather that Micheas rebuked the proude priestes and foretolde of the fall of their Synagoge and of their blindnesse they should be in at the coming of the Messias And that Hieremy rebuked their vices not their belefe their conspiracy to destroye him as he did in dede not any Councell of theirs touching the obseruation of Moyses lawes Thus M. Iewell wresteth and wretheth holy Scripture at his preasure Iewell Certainely the very glose vpon the decretalles putteth this Matter vtterly out of doubte These be the wordes It is certaine that the pope may erre And Alphonsus saieth Euery man may erre in the faith yea although it be the Pope StapletoÌ„ You knowe well M. Iewell it is not auouched by D. Hardinge neither defended by the Catholikes that the Pope in his owne person and as a priuat man can not possibly erre For so we saie with the decretalles and with Alphonsus to that the Pope may erre and hath erred bothe in faithe and in maners touching his owne priuat person But the thinge which is here auouched by D. Harding and which is by vs defended is that the Pope as the Head of the Churche can neuer erre that is he can neuer decree any thinge erroneous or contrary to the faythe he can neuer deliuer any false doctrine to the Churche contrary to the faithe You knowe M. Iewell by the debating of this controuersie amonge the
it is decreed amonge vs all and is also meete and right that the cause shoulde there be hearde where the faulte is committed etc. Now M. Iewell hath omitted those first wordes of the sentence and committed a wilfull Vntruthe to make the Reader beleue that S. Ciprian spake and reasoned generally against all Appeales not of any Statute or decree touching the couÌ„tre of Aphrica Againe whereas he concludeth of godly Fathers and Bishoppes in olde time he hath made an Vntrutbe For he hath brought but one godly Father and Bishop S. Ciprian by name The other were Arrian heretikes no godly Fathers Thirdly where he saieth that therefore the Appeales to Rome were misliked bicause it was the increase of ambitioÌ„ and the open breache of the holy Canons it is the thirde and that a double Vntruthe For S. Ciprian which is the only Father here alleaged speaketh neither off ambition neither off the breache of any holy Canon Iewell And therefore the Emperour Iustinian foreseing the disorders that herof might grow to bridle this ambitious outrages thought it necessary for his subiectes to prouide a straight lawe in this wise to the contrary· If any of the most holy â—ishoppe being of one Synode haue any matter off doubte or question amonge them selues whether it be for ecclesiasticall right or any other matters first let their Meâ—ropoâ—itane wiâ—h other bishoppes of the same Synod examine and Iudge the cause But if bothe the parties stande not to this and their iudgements then let the most holy Patriarche of the same prouince heare and determine their matter accordinge to the Ecclesiasticall lawes and Canons And neither of the parties may withstâ—nde his determination And immediatly after Let the Patriarche accorâ—iâ—g to the lawes and Canons make an ende By these wordes .371 al Aappeales be quite cutte of from the See off Rome Stapleton By these wordes M. Iewell hath made an Vntrue Conclusion For first the Pope is one of the foure Patriarches and that the chiefest as your selfe M. Iewell hath allready confessed out of Iustinian The Pope also is Patriarche to all the west and at this day is the only Patriarche in respect of the other three Patriarches of Constantinople Antioche and Aleandria which now are vnder the Dominon of the Turkes Therfore by these wordes M. Iewel al Appeales are brought to the See of Rome And thus your Conclusion is quite cutt of Againe the decree of the Emperour referreth the finall iudgement of the Patriarche to the Ecclesiasticall lawes and Canons as the expresse wordes of the Decree do saie Now the ecclesiasticall lawes and Canons not only of the Nicene Councell but also of the great Councell of Sardica bothe holden longe before the time off IustiniaÌ„ the Emperour do allowe an AppellatioÌ„ froÌ„ al bishops and Patriarches to the See of Rome as it hath bene before declared And therefore by the wordes of this Decree referring it selfe to the ecclesiasticall lawes and Canons Appeales are not quite cutt from the See of Rome but are expressely emplied to the See of Rome But for euident proufe that this Nouell Constitution off Iustinian maketh nothinge at all against Appeales to Rome let S. Gregory one of the foure Doctours â—f Christes Church and a Father by you M. Iewell against the Title of Vniuersal Bishop pleÌ„tifully alleaged be an Vmper betwene vs. It is to be thought that he vnderstod this CoÌ„stitutioÌ„ as wel as M. Iewel And it is not to be feared that he will vsurpe a more Vniuersal Authorite then was dewe to the See of Rome who did so much inueigh and was so earnestly bente against the Name or Title of Vniuersal bishop S. Gregory therefore alleaging this very Nouell Constitution of Iustinian that Patriarcha secundum Canones leges Causae proebeat finem the Patriarche according to the lawes and Canons make an ende of the matter he addeth and saieth Contra haec si dictum fuerit quia nec Metropolitam habuit nec Patriarcham dicendum est quia a Sede Apostolica quae Caput est omnium Ecclesiarum causa audienda ac dirimenda fuerat sicut praedictus episcopus periâ—sse dignoscitur qui episcopos alieni Concilij habuit omnino suspectos If it be here obiected that the bishop had neither Metropolitane nor Patriarche it is to be saied that the Cause ought to haue bene heard and determined of the See Apostolike which is the Head of al Churches euen as also the foresaied Bishop is knowen to haue required suspecting the iudgment of other Bishops which had no iurisdiction ouer him Thus farre S. Gregory By whose iudgement it is euident that though the lawe of Iustinian do saye that the Patriarche shall ende the matter yett in the case that the Churche lacketh a Patriarche as either the Patriarche being dead or the Churche it selfe exempted and being some peculiar in that case I saye the Appeale is to be made to the bishop of Rome yea from the territory or countre off any other Patriarche It is to be thought that S. Gregory vnderstode this Nouel Constitution of Iustinian as well as M. Iewell dothe And verely though S. Gregory had not expressed that case wherein the decision of the matter ought to be ended before the bishop of Rome notwithstanding the lawe of Iustinian commaunded that the Patriarche shoulde ende it yet other lawes teache vs that such a case being omitted the commoÌ„ lawe leseth not therefore her force Therefore the lawe saieth Casus omissus relinquitur in dispositione Iuris communis The Case that is omitted is lefte to be disposed by the Common lawe Nowe the Common lawe of the Churche being such as by the Canons of the CouÌ„cel of Nice and of Sardica it hath before bene proued that Appeales from all countres might be made to Rome though Iustinian after made a lawe that the Patriache shoulde ende the matter yet in case that there is at that time no Patriarche which case S. Gregory putteth or that the party will yet farder Appeale to the See of Rome as also in the case of S. Gregory praedictus episcopus petijsse dignoscitur the foresaied bishop is knoweÌ„ to haue required in these cases I saie that particular lawe of IustiniaÌ„ taketh not awaye the CoÌ„mon lawe of the whole Churche enacted in Generall Councelles As for example FroÌ„ al Courtes of the Realme in ciuil matters Appeales maye be made to the Common Place And in that Courte such matters shall be ended Yet see we not that from thence such matters are remoued to the Kinges Benche Yea and froÌ„ the kinges Benche to a Parliament But nowe Shal the particular lawe of the one take away the Common lawe of the other Or shall it not therefore be lawefull to Appeale from the Common Place to the Kinges Benche Or bicause you maye Appâ—ale to the Kinges Benche be therefore all Appeales quite cutte of from the Parliament To conclude therefore though the lawe of Iustinian saied Let the