that his Treatise out of the writings of Saint Augustine whereas poore man he oweth his whole worke vnto your Iesuite Hieronymus Torrensis who many yeares since set out a large volume diuided into foure Bookes containing all the particulars which Maister Breerly hath diuulged in his owne name without so much as giuing notice of any such Author But they differ in their Titles Hieronymus Torrensis styleth his booke Augustines Confessions Maister Breerly his Augustines Religion Verifying herein that saying of Tully concerning such kind of Plagiaries that as Theeues change the notes and markes of stolne stuffe so They that father other mens workes vpon themselues vse to change the names and Titles as it were the markes and property thereof Is it not sufficient that you haue dealt thus with Protestant Authors but that you must play such parts among your selues But I shall haue more occasion to put Maister Breerly in mind of himselfe else-where For at this present we haue but one Article of Saint Augustine in hand touching the Necessity of Vnion and Subiection to the Church of Rome as The Catholike Church and are to attend whether either He or your Iesuite or Cardinall can euince so Imposterous a Doctrine out of the Volumes of Saint Augustine Your Obiections out of Saint Augustine Saint Augustine one-where attributeth to the Church of Rome A Principalitie of the Apostolicall Sea Else-where he desireth of the Pope of Rome his Pastorall diligence for the repressing of the Heresie of the Pelagians in Palaestine and Africke In the third place he acknowledgeth A necessary obedience to the Popes Iurisdictions and lastly he confesseth that The Pope of Rome is set in a more high Pastorall watch-tower than others Now what of all these Ergo say you the Church of Rome is the chiefe of all Churches and the Pope thereof hath Iurisdiction ouer all other Churches all other Bishops being subiect vnto him vpon paine of Damnation But if these words Principality or Highest Pastorall watch-tower or Charge or Apostolicall Church or Power to represse Heretikes or an acknowledgment of Necessary Obedience must inforce a Iurisdiction of Popedome ouer all others then ought we to admit of many Popedomes For euery Patriarch hath a Principality and height of a Pastorall watch-tower by reason of the greatnesse dignity of his Patriarchship aboue all Metropolitans and Bishops whatsoeuer and yet haue they not ouer all Bishops power of Iurisdiction but onely Principality of Order And looke into the Epistle of Iohn the first Bishop of Rome written to an Arch-Bishop and you shall find him grant that that Archbishop had as well The charge of the Church committed vnto him for the helpe of all in repressing of Heresies as to himselfe And that also therein there is a Necessity Rationis of Cause and Reason to performe such Admonitions namely as a Patient obeyeth the Physitian for the preuenting of imminent danger and not a Necessity Imperij of Compulsion by right of Authority as a souldier obeyeth his Captaine And if that the Title of Apostolicall Church could carry a Monarchicall Chiefedome then was Saint Augustine farre wrong when in the same Epistle where he called the Church of Rome The Apostolicall Seat he called other Churches and Seats also Apostolicall Lastly remember but what hath bene prooued out of Saint Basil and you shall not need to question why the helpe of the Pope of Rome was sometime desired in some Prouinces rather than other shewing that the Popes exercising of his Office in such Cases proceeded not from his Coactiue Authority but from the Arbitrary consent of other Bishops In a word we haue receiued from you out of Saint Augustine nothing but specious colours of words which we shall recompence with his Acts and Deeds Our Opposition of S. Augustine his no Subiection either in Discipline or in Doctrine to the Church of Rome Nothing can better illuminate our vnderstandings in this case than the light of Comparison You therefore whose Article of Faith is to belieue that although the Church of Rome be a Particular Church and so a distinct member from the other Churches Militant yet in respect of the Vniuersall gouernment which it hath throughout the Christian world it is The Catholike and Vniuersall Church as is the Head ouer all other parts of mans bodie hearken to Saint Augustine comparing the Church of Rome with another Particular Church There are two Bishops saith he of two most eminent Churches Stephen of Rome and Cyprian of Carthage being of diuerse opinions in the point of Baptisme Therefore did not Saint Augustine hold the Church of Rome to be the Catholike Head for there cannot be properly Two Most Eminents of the Catholike Church whereof you say there is but One Head One may say that there are Two Bishops of Two most Eminent Bishopricks in England George of Canterbury and Tobias of York because these are so distant that one is not Subordinate or subiect to the other But to say there are two Bishops of two most Eminent Bishopricks George of Canterbury and Lancelot of Winchester were absurd because making the Bishoprick of Winchester to be one of the Two most Eminents it doth abate and pull downe the true Eminency of Canterbury which is an Arch-Bishopricke and Metropolitan Seate and hath Iurisdiction ouer the other But Saint Augustine you know was iudicious and would not reason absurdly Now you whose Faith requireth Vnion and Subiection vnto the Sea of Rome in all Causes as well Rituall as Criminall or Doctrinall lend your attention vnto Saint Augustine in his Comparisons concerning each one In the point of Rites and Ceremonies the question was whether the Church should weekely obserue a Saturday-fast or no The one side which is brought in as for the Affirmatiue part alleaging that Saint Iames at Ierusalem Saint Iohn at Ephesus and others taught the same which Saint Peter did at Rome viz. that The Saturday-fast is to be kept but other Countries forsooke this Tradition The parties for the Negatiue are supposed to answer saying Yea rather some parts of the West Church wherein Rome is seated haue not obserued the Tradition of the Apostles Saint Peter and others who taught that a Fast ought not to be kept vpon that day Here you haue the East and West-Churches compared together and the credit of them both balanced If we should now aske you whether Church East or West deserueth more credit in this Case you would abhorre the question as men bound by Oath to belieue rather the Westerne Church of Rome than all other Churches in the world in point of Tradition But Saint Augustine what This contention saith he is endlesse and indeterminable And Saint Augustines words Aliqua loca in quibus Roma est that is Some places among which Rome is haue a sting which wounds the Papacy For can the Imperiall Ladie of all Churches be thus sleightly brought in among the Manie Surely if S. Augustine had
you and such is your now Romane Faith But the Fathers of the Generall Councell of Chalcedon were of a contrary beleefe because their reason of withstanding the Pope was as you know For that they held that the See of Rome was founded by humane authority Thinking that the Church of Rome got the Primacie namely of Order by reason onely that it was the chiefe Imperiall Seate So you We haue heard of Oppositions enough Gladly would we vnderstand how you can reconcile these oddes so that wee may not iustly condemne your now Romane Faith of Nouelty by the iudgement of a Generall Councell This was indeed say you the Decree of a great Councell but the Decree was not lawfully proceeded in because the Legates of the Pope were absent and afterwards protested against it And Pope Leo himselfe would not approue it saying that hee did allow onely those Decrees and Canons in that Synod which concerned matters of Faith So you And now vpon this Euidence heare our Verdict CHALLENGE IN these Premisses we finde a Councell in your owne opinion and in the Iudgement of the Christian World lawfull and Generall consisting of more than 400 Fathers without exception Catholike and Orthodoxe These haue opposed your Article of the Necessity of Subiection to the Pope razing the very foundation thereof by beleeuing that his Primacie is not by diuine Authority Vpon this beleefe they easily cast downe the roofe of your Papall building denying the Popes power of gaine-saying the Positiue and humane Decrees and Canons of Generall Councels and by erecting a Patriarch whom They adorne with a Priuilege of power excepting priority of Order in taking place giuing voice c. Equall to the Bishop of Rome What is if this bee not to ruinate your Romane Article Yet much more stand you entangled in your owne Answers For if that so many and so Reuerend Fathers determined against the pretended Prerogatiue of Rome notwithstanding the Contrarie protestation of the Popes Legates they teach vs thereby another crosse point to your Article viz. that the voice of the Pope by his Legates is of no more virtue in a Synod than the suffrage of any other Bishop And what though the Legates of the Pope were absent at the making of this Act in the Councell because they would not bee present and were notwithstanding present the next day and disclaimed the Act yet could nothing preuaile And againe what was the nullity of authority in the Popes Legates whensoeuer they contended against the Maior part of a Synod But Pope Leo say you gainesaid the former Decree of that Councell albeit he did approue of all Canons in the same so farre as concerned marters of Faith This Answer also proueth you faithlesse in all your defence euen by the iudgement of Pope Leo. For if he therefore opposed the Decree of that Synod which oppugneth the Papall Primacie and Dominion because it was no matter of Faith he thereby plainely confesseth your Article which maintaineth the Dominion of the Romane Church without which there is no saluation not to be at all an Article of Faith We conclude Therefore either must those 430 godly most Reuerend Fathers together with Leo the Pope himselfe be damned by your Romane Article or else must your Article be condemned by their contrarie iudgement and Decree Which notwithstanding the Popes Contradiction was afterwards sufficiently confirmed in other parts of Christendome by the vse thereof which as you confesse Continued a long time So large and long a false-hood is that which your Article of Necessary Subiection to Rome doth exact of the whole Church of Christ. V. That the beleefe of the Article of an Vniuersall Subiection to Rome as the Catholike Church damneth the 165 Fathers of the first Generall Councell at Constantinople being the second of that name Anno 553. SECT 6. LEt your owne most priuileged albeit most partial Authors Baronius Binius relate the whole Cause 1. Concerning the authority of this Councell whether it deserue the Title of Vniuersall Councell or no They answer that It was a General Councell and so approued by all Popes Predecessors and Successors to Saint Gregory and by himselfe saying I doe reuerence the fift Councell of Constantinople Now come we to the relation of the Cause First of Pope Agapetus The cause of Anthimius which he had condemned was afterwards ventilated in the Councell of Constantinople This argueth the No-Dominion of the Pope ouer that Councell which will take vpon them to examine that cause which the Pope had before condemned After Agapetus succeedeth Vigilius At what time In the Councell of Constantinople that which they called Tria Capitula was condemned The summe of their Answer is this Pope Vigilius before this Generall Councell of Constantinople defended the Cause of the Tria Capitula which the Councell being gathered together condemned The Pope resisted the Decree of the Councell the Councell endeth Pope Vigilius for not consenting to this Councell is banished by the Emperour Iustinian After that this Councell had so concluded Vigilius confirmed the sentence of the Councell of Constantinople and was thereupon released out of Banishment by the Emperour In all this say you the Popes change of his minde cannot be preiudiciall to him or his See for that the cause being no matter of Faith but onely of Persons he did it vpon iust reason least the East Church and the the West should fall into Schisme and be rent in sunder Thus farre your Authors CHALLENGE BE the Cause matter of Faith or onely of Fact or Persons it mattereth not nor to what end it was done Wee are not to inquire into the doctrines but the dispositions of this Councell nor to respect the point of Vnion of Churches but that which you haue created for a new Article of Faith the point of Necessary subiection to the Romane Church and Bishop thereof First by your owne Confession the Pope defendeth that which afterward the Councell gain-sayeth Next the Pope contradicteth the Decree of the Councell to wit of the same Councell determinately concluding and persisting in their Sentence against the same Pope euen to his Banishment for the same Cause Yet in the end he is glad for Vnions sake to yield vnto the former Decree of the Councel So They who in their Annotations conceale that which the Text expressely deliuereth We condemne say they all that haue defended Tria Capitula But Vigilius say you had before this Councell defended those Tria Capitula Therefore was your Pope also condemned by this Councell Behold now forsooth your Romane Faith Behold your Monarch Behold his Dominion Behold the necessary Subiection of his Subiects If it be called Dominion to Command and be glad to yeeld or accounted Subiection of that Councell to prescribe Decrees against the sentence of your Pope or esteemed Faith of your Article of Necessary subiection to the Romane Church vpon losse of Saluation to persist in
those dayes was not esteemed to be The Catholike or Vniuersall Pope not The Catholike Bishop of Bishops his Iurisdiction not to haue any Catholike or Vniuersall Right for Appeales his Iudgement not to be a Catholike Rule of Faith his Church not to be The Catholike Mother-Church his Excommunication not to be a Separation from the properly called Catholike Church and much lesse a Catholike and Vniuersall Separation from the state of life So damnable is your Article of The Catholike Roman Mother-Church without subiection whereunto as you say there is no Saluation whereby with one breath you damne not onely Cyprian that glorious Saint of Christ but also all other his Associates and Colleagues Bishops in Africa Numidia and Mauritania of whom some were Martyrs some Confessors all Professors of the true Faith of Christ against the persecuting Infidels of those times It would nothing now auaile you to obiect that Cyprian in his Contention against Pope Stephen was in an Error in the Question of Rebaptization because euery error is not eradicant to roote out or cut off a Member from the Bodie of the Church Catholike else what shall we think of Pope Stephen himselfe who was in an error in the other Question concerning the vsurpation of the Right of Appeales to Rome which not onely Cyprian in his Councell of Carthage but Augustine also in the Councell of Africke resolutely withstood But what need many words Cyprian say you was alwaies held a Catholike Wee adde that if this Obiection were of force it would much more fortifie the Cause of Protestants For if Cyprian being Excommunicated by the Pope for an error was notwithstanding still held for a Catholike as hath beene confessed and hath euer since bene Registred for a Saint then doubtlesse Protestants stand much more secure who are excommunicate for withstanding not onely the grosse Idolatry but also as many Heresies of that Church of Rome as she hath new Articles of Faith among which this to wit The Catholike Roman Church without Vnion whereunto there is no Saluation 〈◊〉 not be held the least being as you see so Imposterous Schismaticall and Execrable as euery Instance yet giuen doth manifestly conuince Our third Instance in the Churches of Africke in the dayes of Saint Augustine in two Councels fully preiudiciall to this now Article viz. The Romane Catholike Church without which there is no Saluation SECT 8. THE first Councell was that of Mileuis Anno 402. concluding against the pretended Prerogatiue of Appeales to Rome This Case is handled at large afterwards The summe of all is This Councell wherein Saint Augustine was present consisted of threescore Bishops which had beene esteemed alwaies Orthodoxe in the Catholike Church albeit that their conclusion of denying any Right of Appeales from Africke to the Church of Rome which Iurisdiction of Appeales is held to be a principall part of the Article viz. The Romane Catholike Church in the Church of Rome at this day Which one Article consisting of foure points of Necessitie first Necessity of Vnion with the Church of Rome secondly Necessity of Subiection vnto it thirdly Necessity of Beleefe of both the former fourthly Necessitie of Saluation in them All is now rent in pieces by that one Prohibition of that Councell which denying any Right of Appeales from Africke to Rome did thereby deny the pretended Catholike Subiection to the Romane Chaire Secondly decreeing Excommunication against those African Priests that should dare to Appeale to Rome thereby they deny an absolute Necessity of Vnion with Rome Thirdly this Excommunication being to be extended against them that should Thinke it necessary to Appeale to Rome they thereby deny Necessity of Beliefe of the Prerogatiue of Rome And lastly condemning this Beliefe among themselues they thereby deny it to be an Vniuersall Right necessary to be belieued of all Others All this is euidently prooued in the place alleaged The second Instance in the Churches of Africke in the daies of Saint Augustine was the African Councell by name against the Church of Rome in the Case of Appeales concerning which for methods sake we are to lay open first the Occasion of Opposition betweene the Churches of Africke and Rome secondly the Discussion thereof thirdly the Separation of the Church of Afrike from Rome fourthly the honorable estimation had of the African Bishops as of the Saints of God notwithstanding their not acknowledging of Subiection to the Romane Church I. The Occasion of the Opposition by Saint Augustine and the Africans against the Iurisdiction of the Church of Rome in the supreme Case of Appeales SECT 9. COnsult you with your owne Chronologers in the body of the Councels of old and you shall find that the Case standeth thus One Apiarius a leud Priest and as you know of a scandalous flagitious and abhominable life being Excommunicated by the Bishops of Africke fleeth to Rome and as it were taketh Sanctuary there by Appealing to Pope Boniface then Bishop of that Sea The Pope sought by his owne Authority to haue this infamous Priest restored againe auouching for the ground of his Authority the Canon of the Councell of Nice which as he pretended declared the power due to the Bishop of Rome to take hold of all Appeales made vnto the Pope from all other Christian Churches and Prouinces and to order matters according to his owne wisedome II. The Discussion of the Cause SECT 10. THE Bishops of Africke and among them Saint Augustine hauing read the Popes Claime of Appeale by virtue as was alleaged of a Canon of the Councell of Nice fell first to demurre with themselues suspecting that the Pope had suggested a false pretence and therefore sought first to satisfie themselues by sight of the Copies of the Councell of Nice before they would returne the Pope any full answer and after diligent search into all the ancient Copies which they could finde they yeelded this Answer to the Bishop of Rome We haue read say they manie Copies of the Canons of Nice both Greeke and Latine and yet finde we among them no such Canon for Appeales to Rome as you alleage In this case of doubt it was agreed on both sides that messengers should be sent vnto Cyrill Patriarch of Alexandria and vnto Atticus Patriarch of Constantinople to the end that vpon search of their Records they might bee certified of the Truth of this matter These two Patriarchs send them faithfull Transcripts which they themselues did auouch to be The most true and authenticall Copies wherein that Canon which Three Popes to wit Boniface Zozimus and Caelestinus successiuely had alleaged as their onely euidence for their right of Appeales could not be found nor any syllable therof Vpon this Answer of those graue Patriarchs these Africane Bishops in number 217 perceiuing the falshood of the Popes Allegation and finding that no such Canon appeared in those ancient Copies of the Councell of Nice which could aduantage that their pretence of Appeales to
made her the patterne of all other Christian Churches his stile should haue arrayed her otherwise than by inuoluing her among Loca Occidentis Secondly in Criminall Causes you belieue that the Supreme Right of Appeale to the Sea of Rome is a Iurisdiction whereinto the Bishop of Rome is inuested by virtue of his Succession from Saint Peter so that all other Churches Christian ought to acknowledge this Right of Appeale vpon all iust occasions and the Cause being there determined all parties are vtterly precluded hauing no power to Appeale from it to any Superior Iudicature This is your pretended Prerogatiue of the Church of Rome consisting of two Termes Appealing to Rome and not Appealing from Rome Will you admit of Saint Augustines determination in both these Saint Augustine as hath bene confessed was one of that Councell of Africke which abandoned the Claime of Right of Appeales from all Churches to Rome which was then challenged by three Popes successiuely to wit Zozimus Boniface and Celestine and yet concluded against them that it should not be lawfull for any within the Churches of Africke to make their Appeale to Rome Accordingly you that would thinke it an intolerable and sacrilegious derogation from the Papall Iurisdiction if in a Criminall Cause after the Pope with his whole Consistory of Cardinals had giuen iudgement any Bishop within the Romane Iurisdiction should be so audacious as to Appeale from that Sentence to an higher Iudicature where you that are my Iudges shall be iudged whether you haue giuen right iudgement or not remember that Saint Augustine concerning the Case of the Bishop Caecilian which was referred to the Arbitrement of Pope Iulius and others doubted not to giue such a Resolution I suppose saith he the Bishops that were at Rome were not good Iudges there then remained a Generall Councell where the Cause may be discussed so that if it shall appeare that those Iudges iudged wrongfully their sentence may be reuersed and disanulled Thirdly from Criminall we proceed to a Doctrinall point You that haue told vs that it is a peculiar Prerogatiue belonging to the Church of Rome as she is The Catholike Church to direct all other Churches which is the true Canon of Diuine Scriptures and that she by her Councell may pronounce euery one Anathema and Accursed that shall not giue beliefe to his Decree touching the right Canon of Scriptures obserue that Saint Augustine perceiuing how the Latine or Romane Church did not in those daies constantly hold the Epistle of Saint Paul to the Hebrewes to be Canonicall and of Diuine Authority resolueth thus Notwithstanding I saith he am rather mooued by the Authority of the East Churches So Saint Augustine which is so much that a conscionable man we thinke should need no more For now we are in a Doctrinall point euen what and which is the Scripture and written Word of God the Principle and Doctrine of all other Principles and Doctrines Whereof when we enquire we are directed by Saint Augustine to consult with the Primitiue Churches as well East as West and wherein these do differ in their Customes therein to yeeld rather to the iudgement of the Greeke and Easterne Churches according as Saint Hierom also determined than to the Romane in the West And lest this Decision of Saint Augustine might seeme to proceed from some voluntary inclination to the Greeke Church rather than to the Latine he addeth that he is so moued by the Authority of the Easterne Churches Now how all these particulars will agree with your Article viz. The Catholike Romane Church Mistris of all other Churches without full Vnion and Subiection whereunto there is no Saluation do you your-selues deliberate Sure we are that this Resolution of Saint Augustine will easily interpret the meaning of his other sentence so often obiected by you to wit I should not haue belieued the Gospell except the Authority of the Church had moued mee that by Church he meant not the then present Church of Rome as you pretend which is as you see another vanity After this discussion of the Doctrinall Cause we adde a Consideration of the Schismaticall state of that Church according as our iudicious Casaubon hath obserued You who accompt it the onely note of Schisme to be diuided from the Romane Church and the Pope thereof as the onely Head of all Churches Answer vs Why Saint Augustine who in seauen Books besides many other places confuted the Schismaticall Donatists yet neuer spake word of the Monarchy of the Pope or of the Infallibility of his iudgement whereby to reduce them to the Vnity of the Church and Truth Lastly as for the Title of The Catholike Church you that appropriate it in your Article to the Church of Rome aduise againe with Saint Augustine who as he hath already defined that Catholike is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The whole as a Comprehension of all Parts and therefore that no Part can be called The Whole so doth he further illustrate the same in his Expositions vpon those words of the Psalmist The Kings daughters were among thine honourable women vpon thy right hand did stand the Queene in a Vesture of gold of Ophir Behold Rome saith he behold Carthage behold other Cities as Kings daughters of all which is made one certaine Queene speaking of the Catholike Church whereunto euery one ought to bee vnited in Faith and Hope So he You see that in Saint Augustines time when Rome was indeed Rome and truely glorious for Faith and Holinesse yet Behold Rome what The Queene which is the Catholike Church it selfe No but Behold Rome a daughter of the King And againe Behold Carthage and other Cities How Namely so and no otherwise than Rome and others all daughters of the King that is Particular Churches professing Christ. But the Catholike Church as Queene what must shee be any one of these bee it the Church of Milan Carthage or Rome No but One Vniuersall Church consisting of these and All others CHALLENGE SEe you now with what obliquity of iudgement your Authors haue obiected these colourable sayings of Saint Augustine out of his Epistles vnto Pope Zozimus and Pope Boniface and others Whereas when we come to his deeds he doth freely demonstrate his Faith contrary to your sense when Comparing Particular Bishopricke with Bishopricke as Rome with Carthage hee maketh them and their Bishops both Most Eminent Comparing Churches with Churches as Rome with the Churches of Africke he defendeth euen against the forenamed Popes Zozimus and Boniface both that it is not lawfull for Remote Churches to Appeale to Rome and that it is also lawfull for Churches that are subordinate to the Romane Iurisdiction to Appeale from Rome By which the very pinnacle of the pretended Authority of the Romane Iurisdiction is quite ouerthrowne and cast to the ground Againe Saint Augustine comparing the Two Moities of the whole Catholike Church commonly diuided into the East otherwise called the
stile of Law For the very word Competit in the stile of the Iudiciall Court signifieth one that is Sufficient as Iudex competens vsed by Vlpian A Competent Iudge and not onely a Conuenient Iudge And for the strict sense of the word in the point of Appeale we may iustly Appeale to all Courts to Christendome whether Ecclesiasticall or Ciuill which may challenge any Right of Appeale Because if for example the Iudge of the Audience or Arches should answer an Appellant Sir the matter hath beene iudged by the Court of York and I know the Chancellor there to be a learned and a iust man therefore to vse your Cardinalls phrase It cannot be â—onuenient for mee to iudge that which hath receiued a former iudgement might not the Appellant reioyne What Sir Not conuenient for you to receiue an Appeale Why you are therefore appointed Iudge in Cases of Appeale yea and sworne to discharge your Office of Iudgement and not to preiudice any Cause by saying you see no cause to admit it before you haue heard it For bee you assured that I shall either shew iust proofe of iniustice offered vnto me by my former Iudge or else I must submit my selfe to the Censure of your Court Such an incongruity and absurdity it is to modifie the word Competere with the bare sense of Conueniency as though it were not Conuenient for one to performe that which hee is bound in Conscience to discharge Wee therefore contend for the strict sense of Non Competere that is to say Not appertaining in the Sentence of Pope Damasus as may furthermore appeare clearely by the Sentence it selfe wherein Damasus will haue the man vnderstand Two things One is Forma iudicandi non competit The Forme of iudging doth not belong vnto me hee saith not Causa iudicandi non competit The Cause of iudging belongeth not vnto me But you know that no true Court of Appeale can say that it hath not a Forme of iudging the Second is the Cause why he said Non competit to wit because the Cause had beene iudged by a Prouinciall Synod as by those who were Finitimi Neere to the parties as well Accusers as Accused as if he had taken his reason from the very Decree of the Councell of Carthage set downe by Saint Cyprian whereof you haue heard at large calling it Vnequall and Vniust that a Cause should bee iudged in Remote Courts where the parties cannot appeare but especially that any one Iudge should take vpon him to re-iudge that which was preiudged by a Prouinciall Councell Otherwise how easie a matter had it beene for the man that tendered his Appeale to haue pushed the Popes Answer away with the hornes of a Dilemma thus Eitheir haue you a Right of iudging in this Case of Appeales after a Prouinciall Councell or you haue not If you haue then do me right and iustice to heare it If you haue not then it is but a false Delusion in men to Attribute to the See of Rome an Vniuersall power of iudging all Iudges as being the Supreme Monarch ouer all Bishops and their Prouinciall Counsells Damasus therefore in this Answering to wit The forme of Iudging Non potest nobis competere did meane that he could not in such a Cause be held a Competent sufficient or lawfull Iudge Behold now your Vniuersall Iudge behold your Monarch controlled and confuted out of the mouth of your Iudge himselfe Our Fifth Discouery of the Falshood of your Pretence of Vniuersall Right of Appeales to Rome from the Councell of Mileuis SECT 19. IN the yere of Christ 416 Threescore Bishops in a Councell at Mileuis where Saint Augustine was present decreed in the words following If Priests or Deacons or Inferior Clerkes shall haue complaint against their Bishops let their next bordering Bishops heare their Cause and determine it but if they shall Appeale from those Bishops yet let them not Appeale any whither but to an African Councell or to the Primates of the Prouinces wherein they are And whosoeuer shall thinke he may Appeale beyond the Seas let none within Africke admit him into their Communion Two points are considerable in this Inhibition of Appeales First concerneth the Place the Second the Persons Touching the Place it is at length granted by your great Aduocate in this Cause to wit that by those words If any Appeale beyond the Sea let none in Africke admit him into his communion is forbidden Appeales vnto Rome Where by the way is to bee taxed â—he impudencie of your Gratian who whereas the Canon was made purposely against Appeales to Rome yet shamed he not to add to that Canon of himselfe this exception Except the Appeale be made to the Apostolike See of Rome Which is in Musicke Discantus contra punctum and in your Law Statuimus i. e. Abrogamus But thus much being granted how is not this a prohibition against your pretended Right of Appeales to Rome Satisfie this point or else yeeld the Cause Although saith your Cardinall the Councell prohibited and forbad that Priests and inferior Clerkes should Appeale to the Bishop of Rome yet did they not forbid that the Pope of Rome should admit of Appeales made vnto him nor had they any power or authority so to doe So he This being the onely Answer which after his perusall of all other Answers hee thought to haue any colour of satisfaction in we take it to be in effect the losse of the cause For our Question is whether the Bishop of Rome haue a sole and Soueraigne Right ouer the whole Church of Christ to iudge all Causes by his absolute Prerogatiue of Popedome And an Appeale being A remouing of a Cause from an inferior Iudge to a Superior we reply that where there lieth a Prohibition against Appealing to a Iudge that Iudge is not held a Superior Iudge But this Councell granted a Prohibition against the Appealing of Priests within Africke vnto the Pope of Rome therefore was not the Pope of Rome in this Case of Priests held a Superiour Iudge much lesse the Supreme of all others as you pretend And although that Councel could not forbid the Pope who was in a Transmarine Prouince to admit of such Appeales yet in forbidding the Appeales vnto the Pope they thereby denyed that he had lawfull power to receiue them As heere in England the prohibiting of euery person to Appeale vnto any without the Kings Dominions doth by vndenyable Consequence shew that none without the Kings Dominions hath iust power to admit of any such Appellants How victorious then is Truth in this one Cause which by the euidence thereof haâ—h inforced her aduersary by necessary Sequele thus farre to professe it Which Answer of his notwithstanding hee would gladly patch vp with an Addition of a meere falshood saying Pope Zozimus did command this Canon of the non-Appeales of Priests to be confirmed False for Pope Zozimus is knowne by the whole processe of the
the Romane Church which boasteth her selfe to be the Mistresse of all Churches and Iudge of all matters of Faith is not after a Thousand Six hundred yeares fully assured whether Comparison being made betweene her Pope and her selfe Hic or Haec Hee or Shee be the Supreme Iudge When then and how will you resolue in this so principall a Case must the Scales still stand euen that neither of them shall ouer-poise Not so for you teach if One as your fore-man may speake for you all that Although this case haue not beene decided by any absolute Decree yet it is defined saith hee by the tacit and secret censent of the Doctors of the Church scarce any one Diuine holding any other opinion herein than that which before that of late this Controuersie was moued was anciently in force namely that the Pope is aboue a Councell as the Head is aboue the Body As if he should say Sirs if the Question be whether Iohn an Oake or Iohn a Stile be heire to that Land because the Witnesses conceale their meaning without question they by a tacit Consent are for the Complainant that Iohn an Oake must carry the Land O Quacksaluer Consider you not now that the Subiect of all this Dispute is The Catholike Visible Church whose Consent likewise is to be discerned onely by Visible Characters whether it be by word or by writing And are you now come to this passe as that in a Cause of so great moment you must depend vpon the iudgement of the Tacit Consent of your Doctors Wee doe not therefore maruell why they must needes be blinde Guides who themselues haue no better Direction than dumbe Iudges All other Christian Churches in the world stand for the Authoritie of a Generall Councell against whatsoeuer Pope which the Cause of your Pope hauing now bin heard we are to proue from the Romane Church it selfe That the Romane Church is rather Iudge than the Romane Pope in all Causes of that Church by the publike Decree of the same Church in it selfe First in the Councell of Constance SECT 18. IN the yeare of Christ our Lord 1415. was celebrated the Councell of Constance in Germanie a place then most fit consisting as you know of almost a Thousand Fathers whereof more then Three hundred were Bishops This Synod with an Inprimis beginneth with this Article The Holy Synod inspired with the Holy Ghost being lawfully assembled making vp a Generall Councell which representeth the whole Catholike Church hath immediate power from Christ whereunto euery state and condition be it the Papall or whatsoeuer is bound to obey in all things which concerne either Faith or Generall reformation of the Church whether in the Head or Members thereof Thus farre that Councell which was expresly confirmed by Pope Martin to be held Inuiolable in matter of Faith CHALLENGE TEll vs now whether euer the Church of Rome had a Councell more ample for multitude of Fathers being almost a Thousand whether euer any Councell could assume more Infallibilitie to it selfe than to be congregated by the Holy Ghost thereby making her Degrees Authenticall or whether euer any Councell could Derogate more from the Papall Power as it is now beleeued and Attributed to your Popes than to subiect him to the Determination of a Councell in matters both of Direction in Faith and Reformation of manners or can any of you require a more fundamentall reason thereof than that which is intimated in the Decree it selfe saying that The Councell hath its Authoritie immediately from Christ The meaning whereof is as you are taught that the Popes Authoritie is not of Diuine but onely of Humane Institution or Lastly can you expect a stronger confirmation of all this than is the Ratification thereof by the then Lawfull Pope Now then for now wee are come to our conflict by Comparison If as your Cardinall and others answer The Pope confirmed other matters of Faith decreed in that Councell but would not ratifie this Decree as being so derogatiue to his Headship and supreme Iudicature then behold that which wee assumed to proue as great a Difference betweene that Assembly of Fathers which was as much the Representatiue Body of the Romane Church as any can be named Whence it must as well follow that your Pope if hee had hereupon Excommunicated the Fathers of that Councell had bin a Schismatike as it doth follow that diuiding himselfe from their Decree hee could by your Romane Principles be no lesse than an Haeretike For the Decree is peremptorie as a matter of Faith the Reason they gaue was concluded against the Pope namely that the Pope of Rome is not Head of the Church by any Diuine Ordinance euen as a Thousand yeares before this the Fathers of the Councell of Chalcedon anciently beleeued Another like Example in the Councell of Basil. SECT 19. IN the yeare 1431. there was a Councell gathered at Basil by the Authoritie of Pope Martin the Fift and after confirmed by Eugenius wherein were 90. Fathers who hauing confirmed the Decrees of the Councell of Constance whereby the Pope is made subiect vnto a Councell and the Censure thereof now at the length Pope Eugenius perceiuing they held this course will needes dissolue the Councell and translate it to Florence The Councell it selfe withstandeth this and Commandeth the contrary shewing thereby that The Pope sought nothing but by abrogating of Councels the destruction of the Church Therefore they fairely suspend the Pope and in the end according to the iudgement of the Councell of Constance they Decree as an Vniuersall Truth that the Pope hath no Authoritie aboue a Councell nor power of himselfe to dissolue it which truth whosoeuer say they shall obstinately contradict is to be iudged an Heretike So They. Will you now see the Pope and the Councell grapple together The Councell hath suspended the Pope and iudgeth him no better than a Schismatike The Pope pronounceth the Fathers of the Councell Schismatikes Separated from the Mother Church of Rome meaning the Conclaue of some Cardinals at Rome and the Head thereof for the space of seauen yeares last past The Councell answereth saying What will the Pope then damne for Schismatikes all the Cardinals Bishops and the Emperour himselfe with Kings and Princes there present yea and the whole Church which doth approue of this Councell In the end to end the fray The Pope saith the Councell did yeeld to the Admonition made vnto him of not dissoluing the Councell Here is presented before you the Romane Head and in the Opinion of the Fathers of that Councell the Catholike Bodie of the Romane Church in a Distraction and Separation either from the other for Seauen yeares space As for the Popes Pretence of his Romane Church which were but a few Domesticall Cardinals the Councell did not accompt them worthy the name of the Members of the Church This being
which ancient Fathers haue collected from thence yet so as in alleaging their names Iames Peter and Iohn he preferreth Iames before Peter Do you aske why You can answer your selues Because say you Iames was Bishop of Hierusalem where the Apostles were at this time when S. Paul writ Be it so It must then follow that Iames was in that respect superior to Peter Lastly whiles Paul is earnest in vindicating the dignitie of his Pastorship euen then when he would stop the mouthes of false Apostles who obiected that he had no sufficient Commission to preach as not hauing bene authorized by the other Apostles hee answereth that hee had receiued his Calling Not of men neither by man but immediatly from and by Iesus Christ. And for proofe hereof he addeth a reason saying of the time when he was at Ierusalem I indeed saw Peter but other of the Apostles saw I none saue Iames the Lords brother His Consequent is Ergo he receiued not any authoritie of his Ministration from the Apostles Which had bene a seelie and indeed a sencelesse Reason if the spirit of Papistry had reigned in those dayes because his Aduersaries might readily haue replyed What is that you say Saw you none but Peter as though Peter were not sufficient in himselfe to authorize you seeing that Peter being the Vicar of Christ and the Ordinarie and Vniuersall Pastor of his Church is All in all because the Gouernor of all others without exception But Saint Paul we know spake by the Spirit of God the Author and Fountaine of Diuine reason and could not therefore argue absurdly yet notwithstanding he answered saying I saw none but Peter except Iames. Plainly signifying that Peter at that time could not challenge Iurisdiction ouer the College of all the other Apostles I. CHALLENGE SEt before your eyes any Bishop as for example the Bishop of Toledo who should defend that he was a Bishop extraordinarie and needed not at all to be authorized from Rome and when it should thereupon be obiected that he had bene at Rome with the Pope and other Bishops and Cardinals there and therefore it must needs be thought that he was established in his Calling by them then the Bishop of Toledo should answer semblably as did Saint Paul saying I confesse indeed that I went to Rome to visite the Pope and aboad with him certaine daies but other of the Bishops or Cardinals there I saw none except the Bishop of Cullen and therefore you may not obiect vnto me that I receiued any authoritie from the Conclaue and College at Rome Can you conceiue that any answer could more derogate from the now Popedome than to BVT and except against his authoritie in ordaining or establishing that Bishop of Cullen Yet such like was the Answer and Apologie of Saint Paul for himselfe II. CHALLENGE THe Cause is waightie and may require a further application as thus whiles you giue to the Pope an absolute Iurisdiction cum plenitudine potestatis ouer all other Bishops how can you suffer him to be mated or equalled with other Bishops as Paul did Peter by ioyning in societie with him Iames Iohn Much lesse would you permit that the name of the Bishop of Cullen should be preferred before the name of the Bishop of Rome whose Dioces you extend To the ends of the world as to marshall them thus viz. The Bishop of Cullen the Bishop of Rome and the Bishop of Millan as Saint Paul did in alleaging the name of Iames before Peter For for you to say that this was done In respect that Iames was Bishop of Ierusalem and the Cause had relation to his Dioces is as much as to feigne that the Arch-bishop of Auignon whilest the Pope resided there had beene put in Catalogue before the Pope himselfe or that the name of some King must bee placed before the name of the Emperour euen within his owne Empire Next to talke that the Bishop of Toledo or any other Bishop came to visit the Pope and was dismissed by receiuing from him The right hand of fellowship as Paul did of Peter how if perhaps the phrase had such a literall sence would you thinke this good manners in a Bishop since you do tutor and instruct your Kings and Emperours to do homage to the Pope In kissing his foote But especially to heare any Bishop with a BVT to intimate the No-authoritie of the Pope in his Creation and Ordination as S. Paul did of Peter might this seeme tolerable vnto you who still honour him with the supreme Titles of n The Vniuersall Father The Catholike Bishop and Pastor ouer the whole Christian world III. CHALLENGE WIllingly shall we passe by other Obiections taken from the comparison of Paul or other Apostles with Saint Peter although we know that if Saint Peter had giuen sentence in the Apostolicall Synod at Hierusalem as Iames did in his presence If Peter had beene a Sender of any of the Apostles as he was himselfe one that was Sent by others If Peter had leaned on Christ his brest as Iohn did and had therefore beene solicited by Iohn to aske a question of secrecie as Iohn was by Peter If Peter had beene called by a voice from heauen as Saint Paul was If Peter had made as bold with Paul as Paul did with Peter by Reprouing him publikely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 before them all which farre differs from the Papall Prerogatiue set downe in the Canon Law saying If the Pope be negligent c. So as thereby innumerable are led to Hell yet is there none that may say Why doe you soe If Peter alone as did Saint Paul had written To the Romanes If it had beene said of Peter's ship as it was of that wherein S. Paul was God hath giuen vnto thee all them that Saile with thee And Except those remaine in the ship you cannot be saued Finally and principally if Saint Peter had written of himselfe as Saint Paul did saying I haue the care of all the Churches This one to omit the rest would haue seemed to you a firmer Foundation than the word ROCKE and haue caused you to lay downe your former iô paean and insultation raised from the depraued sence of those Scriptures Blessed art thou Simon or I haue prayed for thee or Feede thou my Flocke or any other the like whereby you labour to erect a Monarch of Peter and by your Consequence vpon the Pope ouer all Churches in the world Wherein we challenge you of preiudice and rashnes Hitherto we haue spoken of the Faith of Saint Paul concerning the authority of Saint Peter and but consequently of the Romane Bishop We are in the next place to trie S. Paul's Faith directly concerning the Romane Church it selfe That Saint Paul was not of the now Romane Faith concerning the former Article viz. The Catholike Romane Church c. as may appeare by
Church of Rome saith he not as a particular Dioces or Bishopricke is called the Catholike Church but as it comprehendeth and containeth all Beleeuers in Christ vnder the obedience of the Pope of Rome So they This counterfeit Glosse vpon these termes The Catholike Church as vnder the Obedience of the Pope as Catholike and Vniuersall Head wee shall bring to the Test of the Antient Faith by the witnesse of more than three Fathers I. The iudgement of Saint Augustine SECT 8. WHat was meant by the Catholike Church in the Sence of Antiquity Saint Augustine may be vnto vs herein as the mouth of the whole Church seeing that he had more occasions to discusse this Article than any Other especially because in his time the Donatists did no lesse falsly than arrogantly appropriate the name of the Whole Church vnto their Church in Africke euen as you although in a different Sence hold it proper to the Church of Rome at this day But Saint Augustine The word in Greeke saith he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Latine Totum aut Vniuersale that is whole or vniuersall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not one but the whole whence the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Catholike is deriued Thus by distinguishing Whole Church from One Church he sheweth that it is as vnconceiuable that the Catholike Vniuersall or Whole should bee but one One part as it is impossible for one part to be the Whole Which is your Paradoxe to call the Head the whole Body whilest as in your Article you make ROMANE as the Head The Catholike and Vniuersall Church it selfe Thus haue we heard Saint Augustine will you now see him Then behold Rem gestam For when by that busie fellow Petilian the Donatist a publike Conference was held at Carthage betweene seuen Orthodoxe Bishops on the one part and seuen Donatists on the other concerning the Catholike Church Saint Augustine was singled out by the Disputer and posed in these words Whence art thou Who is thy Father Is the Bishop Caecilian he This was the Obiection challenging Augustine to answer whence hee receiued his Religion and vpon whom he depended Heare now his answer My communion saith he began first at Hierusalem and from remote places came nearer vntill it entred into Africke and so disperst it selfe through-out all the World From this my Father God and my Mother-Church will I neuer be separated for the calumnies of any man CHALLENGE SAy now if either Petilian the Heretike could haue questioned Saint Augustine professing himselfe a Catholike whether hee had his dependance vpon CAECILIAN Bishop of Carthage as his spirituall Father if it had beene a currant profession among the Churches of those times to haue held the Bishop of Rome The Catholike Father or the Church of Rome The Catholike Mother-Church without which there is no saluation Or whether it could haue stood with the Conscience of Saint Augustine if he had beene of your now Romish Faith in a question about the Father-hood What Bishop and Mother-hood what Church he professed fo◠to passing by all mention of the B. of Rome acknowledge no Head but Christ and neglecting the Romane Church adhere to the Whole Church dispersed throughout the whole Christian World as indeed the properly called Mother-Church How should not Saint Augustine although neuer so admirable a Saint haue beene held a Schismatike and Heretike if he had liued in these daies either for his ignorance or Contempt of the now Romish resolution of Faith in all such Questions to wit that the Spirituall Father of the Church is the Pope of Rome and the Church of Rome is the Catholike Church is selfe because Head of all the rest As for the prime Mother-Church by spirituall procreation wee see that Saint Augustine acknowledgeth no other than Hierusalem which verefieth that which hath been largely prooued to wit that although the ancient Romane Church might in many respects be called A Mother Church of many other Churches in Christendome especially in respect of her admirable care for the preseruation of diuine truth and peace in the Christian world Yet now since first by vsurping an Originall Prerogatiue of the Vniuersall Mother she is become the Mother of Arrogance and Falsehood 2. By preiudicing the Birth-right of other Churches more ancient than her selfe She may be called the Mother of Schisme 3. By excluding All from hope of Saluation that beleeue her not to bee the Mother-Church shee may iustly bee iudged the Mother of damnable Heresie Of Saint Augustines iudgement more hereafter II. The Iudgement of Saint Hierome concerning the Church Catholike SECT 5. SAint Hierome was a professed and deuoute Childe of the Church of Rome when Rome was yet a true and naturall Mother and no Step-dame who notwithstanding when the Custome of Rome was obiected against him in a Case of difference betweene Deacon and Priest calling the Aduerse part An arrogant paucity he maketh an answer full of indignity As though sayth he there were more authority in Vrbe quà m in Orbe that is in one Citie the Seate of the Bishop of Rome than in the whole Catholike Church besides This is the Testimonie of Saint Hierome wherein the Fathers of the Councell of Basil did in a manner triumph in opposition to the Papall Claime saying O Hierome what meane you Is there therefore greatnes in the Pope because he gouerneth the Church His authority is great indeed but not so great as the authority of the Catholike Church which is not conteined in one Citie but comprehendeth in it selfe the whole World CHALLENGE APply you to this former sentence of Saint Hierome if you can your former distinction namely that the Church of Rome is a Particular Church in it selfe but Catholike as the Head hauing Vniuersal Dominion ouer the whole Church and see whether it will abide the test of Saint Hierome who speaking of the Customes of the Church of Rome calleth the Custome of that Church Vrbem meaning the custome but of one Particular Church whose seate is at Rome and opposeth vnto it the Custome of the Catholike Church which hee calleth Orbem the whole world Shewing thereby with whom also doth accord the iudgement of the Fathers of the Councell of Basil that the Authority of the Church Catholike and of the Church of Rome are not equiualent much lesse the same for in Identity there can be no opposition or comparison None can compare a mans head with it selfe And what furthermore Saint Hierome did conceiue heereof will afterwards appeare in due Place III. The Iudgement of Saint Gregory Bishop of Rome Concerning the Head Catholike In denying the Title of Vniuersall Bishop as did likewise Pelagius and Leo both Bishops of the same See SECT 6. ALthough it can be no sufficient Argument for concluding a Papall authority to obiect vnto vs the testimonies of Popes which is your ordinarie guize in their owne Cause yet will it be vnto vs Armour of Proofe to oppose
so they say Both by the Canons and also by your letters and both these had relation to another part of Reasons and inducements premised in that place And is not this then slie Sophistrie to conclude an whole from a Part Yea but the same Councell say that They durst not iudge Iohn the Bishop of Antioch and therefore reserued him to the iudgement of Pope Celestine which plainly sheweth the supreme authority of the Pope So you What signifie these words that They durst not iudge Iohn of Antioch why they do plainly relate in the same Epistle that they had already deposed him We haue say they deuested him of all his Sacerdotall power So after this referring him to the iudgement of the Pope That for so they say they might with lenity ouercome his rashnesse This was not to preferre him to another Censure for there had bene no lenity in that but to the aduise of Celestine that by his perswasion he might be first reclaimed from error and afterwards restored to his place For a further discouerie of the Ecclipse of the Conscience in your Cardinall let vs consider what Supreme authority he would insinuate to wit that if the Councell could not depose Nestorius Patriarch of Constantinople without the Popes Mandate nor durst depose Iohn Patriarch of Antioch but referred the Cause to the iudgement of the Pope the issue hereof must be directly this viz. That the Pope is absolutely aboue a Generall Councell as the Cardinall defendeth else-where This were a Supreme authority indeed but in truth it is a falshood and long since condemned as you know by your owne Councels of Constance and Basil for a flat Heresie Which your Doctors of Paris haue alwaies disclaimed as contrary to antiquity and which no Councell since the beginning of the Christian Faith did as yet expresly decree as your Doctor Stapleton a great Champion in this Cause doth not denie and therefore betaketh himselfe to the Late tacit and silent consent of the Doctors of your Church Was not this then more than boldnesse in your Cardinall to inferre this Supreme authority out of this Councell Our Opposition First this Councell called Celestine Bishop of Rome Fellow-Minister and did as you haue heard Excommunicate and depose the Patriarch of Antioch before they made any Relation thereof vnto Celestine the Bishop of Rome Ergo It did not acknowledge the now pretended Supreme authority and priuilege of the Pope which is to haue Cases of that nature soly Reserued to his owne Determination Secondly looke into the Councell it selfe and into the Epistle alleaged wherein concerning the points which Pope Celestine had constituted Wee say they haue iudged them to stand firme wherefore we agree with you in one sentence and doe hold them meaning Pelagius and others to be deposed Ergo Consent to the Confirmation of the Popes sentence doth gaine-say his Supreme authority But principally we oppose the Acts of this Councell of Ephesus in decreeing that Neither the Patriarch of Antioch who made claime Nor any other should assume authority of ordaining any Bishop within the Isle of Cyprus The Arguments and Reasons whereupon the Synod made this Decree shew that as well the Authority of the Bishop of Rome as of any other is thereby excluded And they adde more peremptorily It is to be obserued say they in all Prouinces and Dioces that no Bishop drawe vnder his subiection any Prouince which was not his from the beginning lest that vnder pretence of Priest-hood he bring into the Church Arrogance and Pride The very selfe-same disease which Saint Basil and Saint Augustine with the whole Councell of Africke haue both expressely noted and openly detested in the Romane Popes euen of their times CHALLENGE NOne of you euer doubted that this Councell of Ephesus was Generall and the Bishops therein truely Catholikes wherein notwithstanding you see diuers Arguments although not of disunion yet of no Subiection And therefore You except you will condemne CC. holy Bishops must needs iudge your Romane Article to be damnably false IV. That the Beleefe of the Romane Article of The Catholike Romane Church without subiection whereunto there is no saluation Damneth aboue CCCC Catholike Bishops in the fourth Generall Councell of Chalcedon SECT 5. FOure hundred and thirty Bishops were assembled in this Councell of Chalcedon with whom we are to aduize concerning your Article of Necessary Subiection to the Bishop of Rome and his Church But first wee are ready to answer and then to replie Your Obiection THis Councell saith your Cardinall said that The custodie of the Vine that is of the Catholike Church is committed to the Pope by God It saith so and so doth that godly primitiue Pope Eleutherius say to the Bishops in France as you know that The whole Catholike Church is committed by Christ vnto them Were They therefore thinke you all Popes What say you The meaning of Eleutherius is say you that for as much as Heretikes doe oppugne the Catholike and Vniuersall Church it belongeth vnto euery Bishop to haue an vniuersal care to defend support it And this is a true Answer indeed else must you grant that Saint Paul was a Pope ouer Saint Peter because he tooke vpon him The cure or care of the whole Church and that Athanasius Bishop of Alexandria was Pope aboue the then Bishop of Rome because Gregory Nazianzene saith of him that He hauing the presidence of the Church of Alexandria may be said thereby to haue the Gouernement of the whole Christian World By these Euidences we are compelled to aske with what Conscience you could make such Obiections in good earnest to busie your Aduersaries and seduce your Disciples with all whereunto you-your-selues could so easily make answer But thus Catchitiue haue you beene at the shadow let vs trie whether we can apprehend the substantiall Truth Our Opposition For what is that which you will say belongeth really to the Supreame and Papall Dominion of the Bishop of Rome Because say you with common consent the Pope hath supreme authority in gouerning the Church therefore can hee change the Canons and decrees of General Councels So you But what then say you to the equalling of other Patriarchall Seates with Rome The Fathers of the Councel of Chalcedon say you did giue Priuileges to the Patriarkeship of Constantinople equall to the Church of Rome but Pope Leo did oppose against the Decree of the Councell and disclaimed it You say true but yet let vs come to the ground of beleefe as well of the Fathers of that Councell in opposing your pretended Papall dignity and authority as of your Doctors in contradicting them Secondly therefore The Pope of Rome say you hath his Monarchie and sole gouernment of the Church from diuine right And The Romane Church was founded by God What Prouince then in the world is free from her Iurisdiction So
Rome from Carthage but rather that there was a Canon to controll it they descended in the end to a flat and peremptory resolution Yet before wee set downe their Conclusion faine would we know how your Aduocates can quit and free your three Popes from forgery of a Canon of Nice They tell vs first that the Two Greeke Patriarchs were deceiued by giuing credit vnto their Greeke Copies which were Corrupted by Heretikes Next that the Popes themselues were deceiued in alleaging the Councell of Nice instead of the Councell of Sardis wherein saith your Cardinall The Canon was extant And lastly that the Bishops of Africke were deceiued in not acknowleging any Generall and Catholike Councell of Sardis by name S. Augustine affirming that He knew no Sardican Councell which was not Hereticall I. CHALLENGE WHich Answer of your Cardinalls importeth thus much to wit that we are to belieue that two hundred and seuenteene Bishops two Reuerend Patriarchs and three ancient Popes erred in their ignorance of a Generall Councell of Sardis in those daies wherein the matter was aduisedly and exactly discussed rather than these Two Cardinals which are but of yesterdaies birth in their coniecturall presumptions which is in effect as much as to tell vs that those Archers canot discerne so well of a true aime who are an hundred and fifty paces distant from the marke as they who are of a thousand and two hundred for such was the difference betwâ—ene the yeeres of those ancient Fathers and of these Cardinalls from the time of the Councell of Nice Which Answer wee haue else-where proued to be no solution but a fiction rather and meere Illusion Yet that we may deale liberally with you so as not onely to suppose but if you will to confesse also that there was a Generall Councell called Sardican as such your Testimonies delare and therefore to yeeld so farre to Baronius and Binius as to thinke that Augustine and the Africane Bishops could not be ignorant of the Sardican Councell which Saint Augustine himselfe calleth Plenarium vniuersae Ecclesiae Concilium An Vniuersall Councell Neuerthelesse heereupon must we likewise make bold to tell you that the Canons which you cite for your Appeales must bee iudged fictions because else the African Bishops with Saint Augustine could not haue answered your Pope that No Synod had ordained that any might come from his Holinesse to order these matters Nor could those Popes haue omitted the mention of such a Canon if any such had been when now it so much stood them vpon both for keeping themselues free from crime of forging a false Canon of the Councell of Nice and also for aduantaging their pretended Claime of Appeales by virtue of a Canon of Sardis Howsoeuer let vs proceed to that which followeth III. The decision and peremptory resolution of the Africans in Opposition against the Papall Claime of Appeales SECT II. FIrst 217 Bishops Saint Augustine being a principall one doe addresse their letters to the Pope of Rome shewing the false-hood of the Claime of Appeales made by your Three Popes Zozimus Boniface and Celestinus that it had no Patronage from the Councell of Nice but rather that there was in that Councell another Canon making much against such Appeales by determining that Popes being so farre remote from Africk could not be so competent Iudges in such Causes l Except say the Africans Some will thinke that God will inspire some One singular man with Iustice and denie that grace to innumerable persons assembled together in one Synod And therefore in plaine termes they desire the Pope not to admit heereafter of any such Appeale and in conclusion they call that Papall presumption a Smoakie secular arrogancy which say they we will not indure Furthermore the same Councell of Africk made Two Canons by the one as it were taking the Crowne of Pope-dome from the Head of your Bishop of Rome by the other piercing and wounding the Papall Primacie to the very heart For what fairer Crowne can you put vpon that Head than the Supreme title of Monarch ouer the whole Church or of Chiefe Priest and Bishop of Bishops wherewith you professedly adorne and in a manner adore your Romane Pope But these African Fathers vpon occasion of this contention with your Popes decreed That the Bishop of the Primary Sea should not bee called the Head of Bishops or chiefe Priest but onely the Bishop of the Primary Sea Secondly what greater Prerogatiue or higher token of Monarchie could your Popes couet than that which you challeng as A matter knowne to the Catholike Church which is that Appeales are to bee made to Rome from all the coasts of the world against which the same holy Bishops made this peremptory decree viz. If any Priest shall thinke that hee ought to Appeale beyond the Sea meaning to Rome let him not bee receiued any longer into the Communion of the Church of Africk So they All that your Cardinals can say to helpe your Popes at a dead lift is that the former pretended Canon of Nice insisted vpon was to be found in the Councell of Sardis which Antiquity hath denied And yet if that were granted your Monarchy standeth still vpon humane Authority For that Synod of Sardis sheweth plainely that their grant of Appeales to Iulius Pope of Rome was but vpon fauour and not vpon duty being not an old Custome but a new Constitution If it please you say they so much to honour the memory of Peter let vs write to Iulius Bishop of Rome c. And againe If you all bee pleased whence nothing can be gathered but that the same pretended Grant was no more than Ad placitum and might by the same Authority be as easily repealed We add that albeit you challenge a right that All causes of great moment among which these of Appeales is a principall one should bee Reserued to the Bishop of Rome you notwithstanding confesse that In the dayes of Saint Cyprian there was no Reseruation of any such Cases in vse II. CHALLENGE HEre haue we a faire and cleare glasse wherein any one that doth not wilfully close his eyes may see the full face of the vsurped and conunterfeit Monarchie of the Church of Rome For in your Romane profession your latter Popes proclaimed the Papall Monarchie to bee founded vpon Diuine Authority Whereas your ancient Romane Popes at the time of the African Councell when if euer they were to make good Appeales from all the parts of Christendome to Rome their principall part of Supreme power they themselues notwithstanding argued not from any diuine Law but onely from the humane decree of the Canon of Nice which the Fathers of that Councell discouered to be notoriously false For if the then Popes had thought that they could for this Papall pretension draw a sharpe two-edged sword ex iure diuino what needed they to haue fought with this wooden
in the Church of Christ as those that stood in the state of Saluation The Subiestion required by you from Emperours to the Bishop of Rome SECT 2. MAny words of Introduction neede not your Conclusions are as followeth That Princes and whatsoeuer Potentates are not to meddle in Ecclesiasticall affaires They May not gather Councels by their owne Authoritie They Ought to yeeld Prioritie of Place especially to the Pope And To professe Reuerence this being a signe of Superioritie and also Obedience vnto him But how farre must this Reuerence extend if you your selues may prescribe namely sauing your Reuerence to the Kissing of the Popes feet which in your iudgement is An honour which the Pope may not refuse and which Pope Gregorie the Seuenth reckoneth in the Ninth place of those Priuileges which he challenged as properly belonging to him as Pope of Rome Not to insist vpon the barbarous boast which you make of your Popes In not admitting of two Emperours to their presence without an extreame kinde of Submission the one by approaching vpon his bare feet the other by subiecting his necke vnto the Popes feet While-as the Popes Oxe may bragge of more fauour than the first and his Asse than the second Much more might be added out of the last worke of Bellarmin entitled The Dutie of a Christian Prince wherein such is the spirit of that Cardinall that whatsoeuer any example of honour he could rake out of the ashes of Princes Kings or Emperours yeelded to either Popes Bishops or Priests in the superlatiue excesse of their humilitie zeale and deuotion that doth hee violently wrest to make of it a Generall Rule of Office and Dutie euen to the Dedignifying and abasing of Princes to the yeelding of praeeminence to Bishops and inferior Priests in Precedence and going first in Presidence and sitting aboue yea and they exact also very soberly I wisse a Prebibition and drinking before them A Doctrine wherein that old Cardinall hath beene sufficiently I hope conuinced of extreame dotage The Opposition of the former Emperours against the pretended Subiection SECT 3. THe First point of their Opposition may be discerned in their Interesting themselues in Ecclesiasticall affaires The Emperour Constantine as Saint Augustine witnesseth at large committed the Cause of Caecilian Bishop of Carthage vnto Pope Meltiades Obserue Ergò it was by the Emperors Commission and not to him alone but to him with others who are called in that Commission the Popes Colleagues Secondly Obserue Ergo the Pope was not Monarch or sole Actor herein nay after that the Pope had giuen his iudgement the same Emperor referred the same Cause to be more diligently examined and ended to the Bishops of Arles Thirdly Obserue Ergo the Iudgement of the Pope will suffer an higher Appeale for after in the Case of Athanasius the same Emperour chargeth all the Bishops of the Prouince of Tyre what to doe To appeare before mee saith hee without delay and to shew how sincerely and truely you haue giuen your iudgements And not thus onely but when the Cause Ecclesiasticall requireth hee proceedeth to denounce punishment by his owne Authoritie against whomsoeuer that shall honor the memory of those Bishops Theognis and Eusebius Other the like Demonstrations might be brought of Constantne his Authority in Causes Ecclesiasticall Of the Emperour Theodosius we reade that he gaue to the Bishop Dioscorus Authority and Superiority of place to moderate Causes in a Councell Can this consist thinke you with your pretended Subiection No He giueth say you that which he hath not to giue but doth it out of Ignorance of the Canon vsurping that Authority Oh you are angrie and no maruell though men fancie not that fruite which setteth their teeth on edge But we cannot be sparing in this kind For Theodosius the younger and Honorius both Emperours Say as you know that the Patriarch of Constantinople hath the same right ouer those in subiection vnder him which the Pope hath ouer his Where diuers Subiects must needs argue different Subiections and equality of Right must as nessarily dissolue Monarchie which can be but of One. And Iustinian the Emperour will hardly please you with whom you quarrell at the first hearing He authorized vnder his owne hand The Code or Bookes of Constitutions and Pandects for the Regulating of the Clergie as well as of the Laity Whereat you fret not a little Herein he is say you iustly reprooued of many as one inuading vpon and intruding into the Office of diuine causes The same Emperour taketh vpon him the Confirmation of the Election of the Bishop of Rome and behold againe you brand him withe the note of an Vsurper Finally in generall you shape vs this Answer These Emperours haue passed the bounds of their Authority You furthermore told vs of another Character of due Subiection which is the yeelding vnto the Pope the Prerogatiue of gathering Generall Councels albeit nothing is more obuious to Any conuersant in Ecclesiasticall reading than that which your owne Cardinall Cusanus hath confessed long since The first eight generall Councels saith he were gathered by Authority of Emperours and not of Popes insomuch that Pope Leo was glad to intreat the Emperour Theodosius the younger for the gathering of a Councell in Italy and could not obtaine it But can we forget your next Prerogatiue of Subiection viz. the Popes Precedency and Priority of place aboue euen Emperours themselues Surely if he had any ancient claime hereunto it should haue bene in that wherein he challengeth the greatest praeeminence to wit in a Generall Councell But when we aske the Question why no one of your Popes were euer personally present in any of the first Generll Councels if he must be thought to be the sole Head of the Church and he alone to haue an infallible iudgement in himselfe no not though they were in the same City as was Vigilius where the Councell was celebrated You answer that the reason why the Popes would not present themselues in these Councels was this Because the Greeke Bishops who were in those Easterne Councels wherein also the Emperours were present would haue preferred the Emperours in place aboue the Popes So you And we cannot but belieue you and thereupon make bold to conuince your new Doctors of egregious impudency who dare extend the height of the praeeminency of Popes aboue Emperours euen in defiance as it were of all Antiquity and of the Consent of all those Catholike Bishops in Generall Councels As for your last and basest point of Subiection of Kissing the Popes feet it tasteth so ranckly of Luciferian pride in the now Popes that we thinke it an exceeding iniury to the memory of holy Popes of the Primitiue times to belieue that they could affect or would admit such an homage and honour a lesse than which Saint Peter refused as too much if it had bene offered
was the Councell of Arimine So he And why must not this be true if you will allow your Cardinall Bellarmine to make this Greeke Father to speake what Papall Romane Language he shall impose by his Sophisticall translation But your Cardinall Baronius one otherwise as partiall as any Writer euer was and catching at euery shadow of proofe for the aduancement of Papall Monarchy hath made another interpretation of the words of Saint Basil which may be a iust confutation of your other Cardinall from point to point For Bellarmine talketh of the Popes Seeing the Easterne Bishops by a Visitation of Iurisdiction But Baronius alloweth no more than a Seeing by Consideration of their estate but euery Care and Consideration of other mens estate doth not inferre a Iurisdiction ouer them Secondly Bellarmine will needs haue Saint Basil to desire the Popes Decree another tenure of Papall Authority Baronius readeth the word Councell or Aduise which may agree with a Co-equall Thirdly Bellarmine interpreteth Basil as though he yeelded to the Pope a peremptory power of Cutting off and disanulling the Acts of Generall Councels such as was that of Arimine Baronius saith that the motion of Basil was they should Bring with them such things as had bene done namely by some Orthodox at Arimine which might make for the necessary solution of that Councell which all Catholikes haue iudged Hereticall But this argueth not an Authoritatiue power proper to the Pope of dissoluing of Decrees of any Generall Councell which for the space of sixe hundred yeares he neuer had but an Arbitrary Authority granted vnto him by consent of the Easterne Bishops to exercise his fatherly and graue iudgement for the better establishing of the East-Churches which were now rent into sixe seuerall Schismes through the difference of sixe diuerse Heresies Howsoeuer what Authority this was we may best know from Saint Basill himselfe who deploring the State of the East-Churches now pestered with diuers pernitious Heretikes desireth helpe from the Bishops of the West how To comfort the afflicted and to set right and restore those that are broken Helpe then of Confortation it was not of Dominion Secondly shewing that he desireth no more helpe from the Westerne Bishops than the Bishops of the East both ought and would requite in the like case he calleth it A mutuall helpe of louing and brotherly Visitation or Consideration Thirdly his reason why he is so importunate to haue the helpe of the Westerne Bishops he expresseth to be this Because that priuate grudges among the Bishops of the East hindered the fruit of their doctrine and therefore the Westerne Bishops the farther distant they were so much the more Authority would they haue with the people and he addeth that Accustomed speach is not so preualent as that which proceedeth from Strangers chiefly if they were such as were more specially indued with Gods grace as you are euery where knowne to be saith Saint Basil speaking of the Westerne Bishops because you haue preserued the Faith in all sincerity among you So Saint Basil who would neuer haue vsed so often so great and sometimes indeed so crosse and thwarting reasons to moue the Westerne Bishops to compassionate their case and helping them for composing of such and so pernicious distractions by reasons taken onely from Brotherly loue Mutuall duty and Facility of effectuating that great good because of the Remotenesse of their dwelling and therefore to be esteemed persons more indifferent because of their Constancie in preseruation of sincere Faith and consequently beetter witnesses for the ancient Truth without any mention at all of the Prerogatiue of the Bishop of Rome as their Pope or of their Church of Rome as their Mother and Mistresse as you haue pretended if he had any beleefe of this Article Because this one reason taken from the Papall Romane Iurisdiction and dominion if it had bene a matter of Faith had bene more perswasiue and would haue bene more preualent than whatsoeuer hath hitherto bene mentioned by S. Basil. Besides which will be worthy your remarking after fowre seuerall Legations and Messages from the Greeke Church deliuered vnto the Bishops of the Latine Church for their help the Greekes as Baronius is perswaded neuer receiued any Answer Now therefore consult with your best iudgments whether the Church of Rome and her Chiefe Bishop whom Saint Basil more than once condemneth of Pride which Pride was also condemned by a Councellin Africke vnder Saint Cyprian and another wherein Saint Augustine was present for intruding craftily and iniustly vpon the Iurisdiction of other Churches would in humility refuse the offer of Subiection of the whole Greeke Church or he not haue exercised his Visitation ouer them if any such authority had beene intended by Saint Basil. For so should Rome haue beene marked with a greater note of infamy than was her Pride euen her deserting of the flocke of Christ committed vnto her and in a manner betraying the Cause of Catholikes vnto their many and most mischieuous Aduersaries the Sects of Heretikes But wee shall shew that Saint Basil was of a flat contrarie Faith Our Opposition shewing that Saint Basil did not beleeue your Article of Necessity of Subiection to the Romane Pope or Church Baronius would you should know that Saint Basil hauing written diuers letters and sent many Messages vnto Pope Damasus and to other Westerne Bishops yet receiuing no Answer from them in so vexatious and perilous times when the Greeke Church seemed as a ship almost split asunder by the continuall billowes of most pestilent Heresies He thereupon fell into distrust and if he might so say hatred with the Church of Rome So he We had rather you should heare Saint Basil expressing his owne Cordolium and hearts-griefe What helpe can we expect saith he from the supercilious Pride and haughtinesse of the Westerne Bishops who neither know the truth themselues nor yet will Baronius negligently rendereth it Tell learne it Againe I meant to write vnto the Chiefe of them meanig Pope Damasus to signifie by letters that Pride ought not to be accompted a Dignity And againe the same holy Father Saint Basil speaking of the Church of Rome as you know said I hate the Pride and arrogancie of that Church Yea but wee heare him call the Bishop of Rome CHIEFE True but with this limitation their Chiefe And yet if it had beene Chiefe of all others could this inferre a Popedome and Dominion aboue others Then must you confesse that Athanasius was more Pope than Damasus For Basill that calleth Damasus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 calleth Athanasius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifying The Crowne of the Head The chiefe of all Wee are saith he to flie vnto thy integrity as to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Top or Crowne of All others CHALLENGE SAint Basil Bishop of Caesarea speaking of the Bishops of the West saith distinctly I meant to write
that euery mans Cause be heard where the crime is committed And which words your Cardinall thought good to pretermit euery Pastor hath committed vnto him a portion of the flocke of Christ which he is to gouern wherof he is to giue an account vnto God And doubtlesse they who are vnder our gouernment ought not to gad and wander nor rashly and cunningly to make a difference betweene Bishops that are at Vnity and Concord but they should pleade their cause there where both accusers and witnesses may be had except some few desperate and naughty fellowes thinke the Authority of the Bishops of Africke to be of lesse power or might who haue iudged and by the grauity of their iudgement haue condemned men whose consciences are fettered in the cords of their owne offences their cause is already knowne and tried and iudgement is giuen already vnto them nor can it agree with the censure of Bishops to deserue the reprehension of lightnesse and inconstancy So he Than which what could be said more to the strangling of your pretended Right of Appeales to Rome Your Cardinals Answeres are many and various it will be the most expedite way for vs to follow him step by step 1. Cyprian saith he albeit he did vnwillingly endure yet did he not altogether abrogate Appeales True if you meane simply the Abrogation of All Appeales within Africke but if you vnderstand that he abrogated not All Appeales beyond the Seas and consequently to Rome then is your Answer most false Secondly your Cardinall instanceth in an Example of One Appealing from Spaine vnto Rome many hundred miles distant yet Cyprian writing hereof saith he said Non tà m quà m the Pope was not so much too blame who was deceiued by the Appellant as was the Appellant himselfe that deceiued him As though this were not a full Reprehension of both If one say that he is not so fellonious that receiueth stolne goods as the man that did steale them your Non tà m quà m doth distinguish them in the degree of more or lesse fellony but maketh no difference in their nature and kind for both are felonies So then the Pope was lesse blameable Ergo he was blameable but the other more because the Appellant would needs Appeale in the consciousnes of his Crime but the Pope entertained it in a presumption of the mans integrity and therefore Both blameable because as Cyprian argueth against equity and iustice Thirdly but The decree which Cyprian speaketh of saith your Cardinall was against the First iudgement which is to be made in the place where the crime is committed but he forbiddeth not Second iudgements else-where by way of Appeale Than which what can be more false I had almost said faithlesse for the Cardinall himselfe knoweth that Cyprian vseth this as a Reason against their flying to Rome for a second Iudgment euen Because saith Cyprian they had bene already iudged by me and my Bishops by whom they were condemned Fourthly but Cyprian saith he argueth from this Decree as it implyeth most notorious and manifest crimes What did your Cardinall meane by this his Ipse dixit to infascinate his Reader and to depriue him both of reason and sense For ordinary reason teacheth in points of Law first that A man must not distinguish where the Law doth not distinguish although then it happened that these Crimes of the Appellant were indeed notorious yet in the Decree it selfe there is no such Distinction Secondly it is a vaine thing to thinke that any Crime can appeare so Notorious to a Iudge who is many hundred miles off but one report will encounter another and the Appellant will still make faire pretence of innocency for himselfe vntill the matter be tryed And that we may Appeale to common sense in reading of the Canon and Decree it selfe it is Generall thus It is iust that euery mans Cause be heard there where the crime is committed It seemeth then that your Cardinall dreamed of a Cause implyed in this Decree which could not be any mans Cause else he would haue considered that where Euery mans Cause is expressed No cause of any man could be excepted Fifthly but If Cyprian saith he should here deny Appeales then should he take away all Appeales not onely to Rome but euen to euery place else which Answer how vnworthy it is the iudgement of any man of learning you will easily perceiue Cyprian as your Pamelius noteth was the Chiefe Primate in Africke who held a Councell of his Bishops to Excommunicate Fortunatus and to depose him the Councell fore-seeing the factiousnesse of Fortunatus that he would seeke to Rome to trouble the Church of Christ by working distraction betweene the Churches of Rome and Carthage made the former Decree expressing the iniquity of any Appeale to Remote places where the Cause could not be iustly tryed Heereby the said Councell tooke not away All Appeales within Africke for it was then lawfull for a Clerke to Appeale from his Bishop to an Arch-Bishop from a Metropolitan to a Councell and behold here was a Councell of Bishops which put the Period to all further Appeales expressely forbidding Appealing to places so remote as Rome was which none in Africke could come vnto without Transmigration ouer Sea Your Cardinal's Answer would teach a man to argue thus There lyeth an Appeale from th◠Bishop of Chester to the Arch-Bishop of York and from the Court of York to the Delegates but the State of England denieth Transalpinari Appeales from England ouer the Alpes to Rome Ergò the State of England abrogateth all manner of Appeales whether from Chester to York or from York to the Delegates Moreouer Cyprian speaking of those Schismaticall Appellants Except saith he some few desperate and wretched fellowes thinke the Authority of the Bishop of Africke lesse Insinuating as we may truly iustly and according to their Intention interpret it than the Authority of the Bishop of Rome thereby impairing the power of the Bishop of Rome in respect of the iudgement of a Nationall Councell No saith your Cardinall but the words lesse Authority haue Relation to the Cause and not to the Bishop of Rome as signifying that the Bishops of Africke had authority sufficient to iudge that Cause Here againe he feigneth Cyprian to haue thought those few desperate and wretched Appellants to haue beene so absurd as to thinke they could not be iudged by a Prouinciall Councell whereunto they were subiect An absurdity which none i◠Christianitie could truely imagine Besides the words Lesse Authoritie of them that haue iudged haue Relation to him whom those Fellowes desired to re-iudge their Cause namely the Pope therefore it was as much as if Cyprian had said Least those few naughty fellowes may thinke the Bishops of Africke haue lesse Authority than is that which they Appeale vnto and their Appeale was to the Bishop of Rome So apparant it is that Cyprian thus twitting those Few desperate
Appellants did imply that there were in Africke but few that would so much derogate from the Authority of the Bishops within that Prouince CHALLENGE HItherto haue wee pursued our Aduersay in his owne Tract who all this while hath beene but beating of the aire and as it were catching of Butterflies as you may perceiue For this matter of Right of Appealing or Not Right of Appealing being of that importance as that it must either make or marre your Papall Monarch and Romane Article of his Vniuersall Dominion ouer all Churches The Author Saint Cyprian being so antient in time liuing in the 250 yeere after Christ so singular for his learning and iudgement and for his Sanctity and Constancie in the Faith euen vnto death for the name of Christ so admirable a Saint we shall desire you to take an exact Reuiew of the Case and to iudge accordingly You remember that the Epistle is directed vnto Pope Cornelius a godly Pope but yet very timerous and some-what dismayed at the threats of Heretickes and Schismatickes whom therefore Cyprian laboureth to support and consolidate The very scope of the letter in that part thereof is to disswade him from giuing any eare or Admission vnto Fortunatus and Felicissimus both Excommunicate persons and already condemned by a Councel in Africke and seeking now by way of Appeale to finde redresse with the same Pope His Sentence containeth no lesse than Eight Arguments sufficient to confute your pretended Right of Appeales to Rome which we may reduce to these Three Heads The First concerneth the Decree it selfe the Second the Iudges the Third the Appellants and Delinquents 1. The Decree defineth plainely that It is vnequall and vniust to haue an Ecclesiasticall Cause iudged but where the Crime is committed But the Crime was not committed in the Romane Dioces Therefore it is ment that they ought not to Appeale to Rome 2. A Reason is giuen for this Because it is vniust to iudge where Witnesses and Accusers could not be had But at Rome out of Africke whence all parties must haue taken a long iourney both by Land and by Sea Accusers and Witnesses could not bee had Therefore Cyprian meant they ought not to Appeale to Rome Next here is the Consideration of the Iudges that had condemned these Excommunicates namely Cyprian and the Bishops of Africke 1. Cyprian telleth the Pope that Euery Bishop in his owne Dioces hath a porâ—ion of the flocke of Christ committed vnto him Which being vsed as a Reason to disswade the Pope from entertainiâ—g any Appeale doth conclude that therefore the Whole Flocke of Christ is not subiect to the Pope and consequently your pretended Right of Appeale to Rome is but a Romane Pigment 2. As the charge ouer a portion of the Flocke of Christ is vpon euery Bishop so in the discharge thereof Euery Bishop saith Cyprian is to giue accompt vnto God namely as Supreme Which againe being vrged as a Motiue to withdraw the Pope from intermedling in that businesse doth proue that therefore the Pope is not Monarch of the Church to call All other Bishops to Accompt and Consequently hath not the Vniuersall power of Appeales 3. The cause of these men saith Cyprian is already iudged and wee may not incurre the reproofe of leuity in giuing our Sentence heereby intimating vnto the Pope that though hee should oppose they notwithstanding must bee found Constant in withstanding him which doth argue that although Appeales from those parts were admitted at Rome yet might they iustly bee opposed against The last Head is the Obseruation of Cyprian his Taxation of the Appellants or parties Delinquent now flying for succour to Rome 1. He telleth the Pope Those saith he whom we rule ouer oportet non circumcursitare ought not thus to gadd about calling their contumacious forsaking of the iudgement of their Ordinary and seeking Restitution at Rome a Gadding and vagrant kinde of wandering which had beene a Contumacy against the Pope by Cyprian if Appeales to Rome had beene inherent in the Romane Mitre and Monarchie 2. Hee calleth them and their Accomplices that thus laboured an Appeale A few desperate Fellowes that thereby vndermined the Authority of the Bishops of Africke ouer them being Africans as Lesse meaning as hath beene proued Lesse than the Authority of the Bishop of Rome And would not your now Pope haue held this also a Contumely if he had thought himselfe such a Monarch to heare one of his vnderlings to call men Desperate fellowes and A few for acknowleging his Soueraignty and Monarchy by Appealing vnto him and thereby to signifie that there were but Few that would thinke this power of Appeales to belong of Right to the Pope of Rome Lastly he chargeth them that by this their Act of Appealing thus irregularly to the Bishop of Rome they did but thereby goe about Episcoporum concordiam collidere to burst the Vnion and concord of Bishops But the suffering of any one to make his iust Appeale could be no breach of Vnity betweene a Substitute Bishop and a predominant Bishop to whom Appeales doe of right appertaine nay it were an iniurie and sufficient cause of breach of Concord not to suffer such Appeales to passe and take place Therefore Cyprian alleaging this vnto the Pope as a matter of their iust reproofe did not beleeue that they could iustly Appeale vnto Rome Who is ther now but must conclude that as long as the Article of your Romane Faith concerning the Monarchy of the Bishop of Rome and Appeales vnto him as the principall note of his Monarchie shall bee examined by the Decree of Cyprian and the other Bishops of Africke which thus oppose against Them who as they say Nauigârunt Romam sayled to Rome by way of Appeale your pretence of so Appealing must needs be split vpon the same Decree as vpon a Rocke and suffer shipwracke Our Fourth Discouery of the Vanity of your former Pretonce of Vniuersall Right of Appeales to Rome from the Testimonie of Pope Damasus SECT 18. ABout the yeere of our Lord God 367 one offered an Appeale to Damasus Pope of Rome and receiueth this Answer In as much saith the Pope as the Councell of Capua hath so iudged this matter already that those who were next adioyning should be Iudges both to Bonosus and his Accusers We obserue that the forme of iudging Nobis competere non potest cannot appertaine vnto vs. Whereby we conceiue the Pope confesseth his no Right of admitting an Appeale after the Sentence and Iudgement of a Prouniciall Councell And we are answered by your Cardinall thus that Non competere in this place is no more than Non conuenire it is not conuenient because that when a Prouinciall Synod had iudged a Cause it could not be conuenient for Damasus to iudge it without cause And this is all the Answer which Protestants could by whatsoeuer importunity wrest from the professed Aduocate of your Popes which say wee fighteth against all forme and