of our Lord. And CAIVS of one tyme with Tertulian If thou wilt gue to the Vaticane or to the waie of Hostia thou shalt finde the trophies that is the Sepulchers of those which haue founded this Church And CLEMENT Alexandrius before him Papias the hearer of S. IOHN Marke being intreated at Roman by the bretheren writt a briefe Ghospell which PETER haueing read approued And ORIGEN PETER was crucified at Rome with his head downewards And saint CYPRIAN The Rome ā Church is the Chaire of PETER and the principall Church from whence proceeded the Sacerdotall vnitie And EVSEBIVS Vnder the Empire of Claudius the prouidence of God brought the great Apostle Saint PETER to Rome And againe the histories beare that PAVL was beheaded and PETER crucified at Rome vnder Nero and the titles of PETER and PAVL preserued to this daie in their sepulchers confirme it And LACTANTIVS PETER and PAVL preached at Rome and their 〈◊〉 remained written for memorie And S. ATHANASIVS though it were declared to PETER and PAVL that they should suffer 〈◊〉 dome at Rome yet they 〈◊〉 not to trauell thither And S. CYRILL of Ierusalem PETER and PAVL presidents of the Church came to Rome And saint EPIPHANIVS At Rome were first Apostles and Bishops PETER and ` PAVL and then Linus and then Cletus and then Clement And saint AMBROSE PETER is our warrant for this custome who hath bene Bishop of the Roman Church And againe Christ haueing answered PETER I goe to Rome to be crucified againe PETER vnderstood that this answere belonged to his Crosse And the Emperors GRATIAN and VALENTINIAN and THEODOSIVS Wee will that all the people ruled by the Empire of our clemencie liue in such Religion as the Religion insinuated hither-to by the diuiue Apostle PETER declareth that he gaue to the Romans And OPTATVS Mileuitanus Thou canst not denie but that thou knowest that in the Cittie of Rome the Episcopall Chaire was first conferred to Peter wherein Peter head of the Apostles sate And saint IEROM Simon PETER Sonne of Jona of the Prouince of Galilee of the Borough of Bethsaida brother to the Apostle Andrew and Prince of the Apostles after the Episcopat of the Church of Antioch and the preaching of the dispersion of those of the Circumcision which had belieued in Pontus Galatia Cappadocia Asia and 〈◊〉 came to Rome the second yeare of the Empire of Claudius to ouerthrow Simon Magus and held the Sacerdotall Chaire twentie fiue yeares there And againe Hegesippus affirmes That he came to Rome vnder Anicetus who was tenth Bishop of Rome after PETER And else where Cyprian addressed the Councell of affrica to Steuen Bishop of the Roman Church who was the twentie sixth after the Blessed Peter And RVFFINVS Peter ruled the Roman Church for the space of twentie fower yeares And SVLPITIVS Seuerus The Christiā Religion had then taken roote in the Cittie of Rome Peter being Bishop there And S. CHRISOSTOME What spectacle shall Rome see in the daie of Iudgemeut Paul comeing forth of his graue risen againe with PETER And OROSIVS Nero 〈◊〉 PETER to death by the Crosse and PAVL by the sword And saint AVGVSTIN Wee see the most eminent height of the thrice noble Empire submitting his diadem bend his knee to the supulcher of the fisherman PETER And in an other place I thinke this part of the world ought to suffice thee wherein our Lord would crowne with a most glorious martir dome the first of his Apostles And else where What hath the chaire of the Roman Church done to thee wherein PETER hath bene set and wherein now Anastasius sitts And againe To PETER hath succeeded Linus to Linus Clemēt to Clemēt Anacletus to Anacletus Euaristus Of the Canon of the Councell of Nicea touching the gouernment of the Patriarches CHAPT V. HAuing dispatched the difficulties of the Scripture and of the Fathers cōcerning S. PETERS staie at Antioch Rome there remaines to solue the obiections that the aduersaries of the Church make against what wee haue said of the Popes superioritle ouer the other patriarkes whereof the principall is taken frō one of the Canōs of the coūcell of Nicea which ordaines that the anciēt customes obserued in Egipt Lybia and Pentapolis should goe on to witt that the Bishop of Alexandria should haue the power of all those things because it was also so accustomed to the Bishop of Rome Now the aduersaries of the Church doe more willing lie make vse of the Councell of Nicea in such like cases then of anie other because the actes of the Councell of Nicea which if wee had them might cleere the sence of the Canons of the same Councell are loste that there remaine to vs of the acts of the first fowre generall Councells no more but those of Ephesus and of Chalcedon And therefore wee must supplie what wants in the breuitie and omission of this Canon by conferring it with the acts of the other councells or by the examination of the histories of their ages To this obiection then wee bring two Answeres the first is that it hath alreadie bene aboue shewed in the Chapter of the patriarkes that the pope had two distinct qualities the one of patriarke of the West the other of head of the Church vniuersall as the Prefect of the Cittie Presecture by which the aduersaries of the Church would measure the spirituall Iurisdictiō of the Pope who had 2. distinct qualities the one of pre fect of the Cittie Prefecture in which he was equall to the prefect of the other prouinces the other of head of the senate Vicar of the Emperor in which he was superiour to the prefects of prouinces and iudged by appeale of the cause of all their Iurisdictiōs By meanes whereof although in things that concerned but the patriarchall Iurisdictiō as were the celebratiō of prouinciall or nationall coūcells the correctiōs of māners of the simple priests or deacōs the confirmatiōs either mediate or immediate of the Bishops of the Patriarkship and the subalterne iudgements of the causes euen of Bishops All the other Patriarkes were squared out by the modell and paterne of that of Rome neuerthelesse when there question of things that went beyond the limitts of Patriarchall iurisdiction that is to 〈◊〉 of Maior causes and which conuerned the vniuersall Church as were causes of Faith or generall customes of the Church or those of the finall depositions of Bishops or that of the iudgements euē of the persons of the Patriarkes the Bishop of Rome as head of the Church and superintendent of the other Patriarkes exercised Ecclesiasticall Iurisdiction ouer thē and iudged of their iudgements and persons And therefore when the coūcell of Nicea ordained that in Egipt Lybia and Pentapolis the Bishop of Alexandria should remaine in possessiō of the authority he had for all the causes whereof the councell thē spake that is
that were admitted into her communion were admitted into the Communion of the whole Catholicke Church and that those that were seperated from her communion were seperated from the communion of the whole Bodie of the Catholick Church Of the oppositions of saint Cyprian CHAPT III. THE second instance of Caluin is taken from saint CYPRIAN and consistes in seauen heades produced by him or by his disciples The first that saint CYPRIAN calls Pope Steuen Brother The second that he complaines because Basilides a Bishop of Spaine hauing bene deposed by a Synod of his Prouince for hauing bowed vnder persecution and an other hauing bene ordained in his place Pope Steuen restored him The third that he saith there were but a small number of lost and desperate persons who beleeued that the authoritie of the Bishops of Africa was lesser The fowrth that he saith that the ecclesiasticall causes ought to be determined where they were bredd The fift that hee affirmes that the Episcopall power is one thing whereof euerie one holdes his portion vndiuidedly The sixth that hee cries none of vs constitutes himselfe Bishopp of Bishopps And the seauenth finallie that he vseth rude wordes against Pope Steuen and accuses him of ignorance and of presumption To the first then of these heades which is that saint CYPRIAN calls Pope Cornelius brother Wee answere he calls him Brother not to denie to him the superintendencie of the Ecclesiasticall gouernement but for two other causes The one to insinuate that the Popes superintendencie ouer other Bishops was not a Lordly Monarchie as that of temporall princes ouer their subiects but a gentle and brotherly Monarchie as that of an elder brother ouer his younger Bretheren which is the title that our Lord himselfe would beare when he made himselfe be called the first borne amongst manie bretheren and which is the memoriall of humilitie that God had giuen to the Kings of his people when he had pronounced Thou shalt take a king from amongst thy bretheren And againe that the kings heart may not be exalted aboue his bretheren From whence it is that the Scripture to represent this brotherly Monarchie as well in the Sacerdotall as in the politicke order saith in the first booke of Esdras And Iosua sonne of Iosedeck 〈◊〉 vp and the priests his bretheren and built vp the Altar of God And the other to signifie the vnitie of the communion that Tertullian calls the nomination of brotherhood and to shew that he spake not of the Antipope Nouatianus to whom the Schismatickes adhered but of the true Pope Cornelius and of Steuen his successor with whom the Catholicke Bishops communicated as Erasmus hath acknowledged vpon the same place of saint CYPRIAN in these termes The word BROTHER doth not there signifie equalitie but societie of Religion For that it was a familiar thing for ancient authors to vse the word Brother not to exclude the superioritie 〈◊〉 but to expresse the vnitie of communion it appeares by a thousand testimonies It appeares first by the testimonie of saint AMBROSE who calls the Bishop of Rome his holy Brother and neuerthelesse ' in the same place aduertiseth Theophilus Patriarke of Alexandria who was a committee from the Councell of Capua to iudge the cause of Flauianus Patriarke of Antioch to procure his iudgement to be confirmed by the Pope Wee conceaue said hee that you ought to reserr the affaire to our holy brother Bishop of the Roman Church for wee presume you will iudge soe as can not displease him And a little after that Wee hauing receaued the tenor of your acts when wee shall see that you haue iudged things soe as the Roman Church shall vndoubtedlie approue we will receiue with ioy the fruite of your examination It appeares secondly by the testimonie of the Catholicke Bishops of Africa who answered the Donatists in the conference of Carthage that Cecilianus Archbishop of Carthage had bene their brother Hee was saith saint AVSTIN our brother because of the communion of the Sacraments And neuertheles the Archbishop of Carthage was head and Superintendent of all the Bishops of Africa It appeares thirdly by the testimonie of saint AVGVSTINE who calls Aurelius Archbishop of Carthage his brother and neuerthesse saint AVGVSTINE was the spirituall subiect to Aurtlius and had bene made Bishop of Hippo by meanes of the dispensation that Aurelius had giuen to Ualerius to take him for coadiutor and himselfe acknowledged that he was obliged to execute his commaundemēts I haue said hee obeied thy commaundements my holie brother 〈◊〉 It appeares fowrthlie by the testimonie of Epigonius one of the Bishops of the third Councell of Carthage who calls the same Aurelius his brother and neuerthelesse acknowledgeth in the same place that Aurelius had superintendencie ouer all Africa It appeares in the fifth place by the testimonie of John Patriarke of Constantinople who writing to Pope Hormisdas intituleth him his Brother and neuertheles protests wee doe in all things followe the Sea Apostolicke and preach all that hath bene thereby decided And promise in the tyme to come not to recite amidst the sacred misteries the names of those that are seperated from the communion of the Catholicke Church that is to saie addeth hee that doe not altogether agree with the Sea Apostolicke And finallie it appeares by the testimonie of the Emperor Justinian who 〈◊〉 to Pope John surnamed Mercurius Wee demaund that your Fatherlie 〈◊〉 may declare to vs your intention by your letters directed to vs and to the most holie Bishop and Patriarke of this famous cittie your brother And neuertheles in the same Epistle and in the Epistle to the Patriarke of Constantinople he affirmeth that the Pope is the head of all the holie Prelates of God And the same may be said of the words Colleague or Fellow-Minister that the ancient Catholique Bishops sometimes attribute to the Pope not to weaken the Superioritie of the Gouernment but to designe the societie of the Ministrie and to shew that the faithfull and wise seruant that the Master hath substituted ouer the companie of his seruants to giue them their nourishment in due season is not Lord but fellowe Seruant to his fellowe Seruants For that the Fathers doe so vnderstand it it appeares by manie Examples It appeares first by the Epistle of the Synod of Alexandria where the Bishops of Egipt call saint ATHANASIVS Patriarke of Alexandria their Colleague who neuerthelesse was their head and had iurisdiction ouer all the Bishops of Egipt and Libia as it appeares both from the sixth Canon of the Councell which giues perfect authoritie to the Bishop of Alexandria ouer all the Bishops of Egipt Libia and Pentapolis And from the Remonstrance that the Metropolitans of Egipt made to the Councell of Chalcedon that they could enterprise nothing without the authoritie of the Bishop of Alexandria It appeareth secondlie by the Epistle of Proclus Archbishop
of Constantinople who intreateth Domnus Patriarke of Antioch that he would beare with the infirmities of Athanasius Bishop of Perhes his fellowe Minister and to graunt him for his iudges other Bishops then his Metropolitan who was suspected by him It appeares thirdly by the sentence of the Bishops of the Councell of Ephesus who called Pope Celestin their most holy Father and fellowe Minister and nenerthelesse made themselues the executioners of his Decrees Constrained Necessarilie said they by the force of the Canons and by the letters of our most holie father and fellow-minister Celestin wee are come not without teares to pronounce this heauie sentence against Nestorius And finallie it appeares by the writings of Optatus Bishop of Mileuis in Africa who calls the Pope Siricius companion of Societie with the Catholicke Bishops and neuertheles acknowledgeth him in the same place for the heire of saint PETERS Chaire and for center and principle of Ecclesiasticall vnitie To the second head which is that saint CYPRIAN complaines that Basilides a Bishops of Spaine hauing bene deposed by the Councell of the Prouince for hauing yeilded vnder the persecution and an other hauing bene ordained in his place Pope Steuen had restored him Wee answere that this complaint insteede of wounding the Popes authoritie wholie confirmes it For saint CYPRIAN complaines not of the enterprize made by the Pope but of the surprize made vpon the Pope by Basilides who had misinformed him concerning that affaire Behold his 〈◊〉 That Basilides said hee after the discouerie of his crimes and the ignominie of his conscience made naked by his owne confession trauailing to Rome hath deceiued our brother Steuen remote by a farr distance of place and ignorant of the historie in fact and the truth of the matter which hath bene concealed from him to procure that he might be vniustly restored to his Bishopricke from which he had bene iustlie deposed cannot annull an ordination lawfully made c. Neither is he so worthie of blame who hath by negligence suffred himselfe to be misinformed as he is worthie of execration that hath fraudulently imposed it vpon him Now who sees not that this manner of speeche is not to reproue the interprize made by the Pope but the surprize made vpon the Pope And indeede how could saint CYPRIAN reproue the enterprize made by the Pope he that writes to him 〈◊〉 there be letters directed from thee into the prouince and to the people that inhabite Arles whereby Marcian being deposed an other may be substituted in his place To the third head that is that saint CYPRIAN writes Since it hath 〈◊〉 or dained to vs all or by vs all and that it is iust and equitable that euerie cause should be heard where the crime hath bene committed and that to euerie pastor there should be assigned a part of the flocke which he may rule and gouerne besore he come to yield an accompt of his actions to God those that we rule must not runne heere and there and cause the well vnited concord of the Bishops to knocke one against an other by a fraudulent and deceiptfull rashnes but pleade their cause where there may be accusers and wittnesses of their crimes Wee answere that he speakes heere of minor and particular causes whereof it was afterward ordained in the Councell of Carthage That particular causes should be determined within their prouinces that is to saie causes os manners and which concerned nothing but the liues of Clerkes and of inferior Clerkes onely that is to saie of Priests deacons subdeacons and other ecclesiasticall persons constituted to the lesser orders as it appeares both by these wordes Those whom we rule and by the qualitie of Fortunatus person of whom the question was who was a priest of the Church of Carthage who had bene excommunicated for his crimes by saint CYPRIAN and had made a Schisme against him at Carthage And not of Maior causes as those of faith or of the Sacraments or of the generall customes of the Church or of the depositions of the persons of Bishops the definition of which causes might be reserued for the iudgements beyond the Seas For that there was euer this difference in Africa betweene the inferior Clerkes that is to saie Priests deacons subdeacons and other ecclesiasticall persons constituted to the lesser orders and the superior Clerkes that is saie Bishops that the causes of the inferior Clerkes of Africa ought to be determined in Africa and not passe beyond the Seas but that the causes of the superior Clerkes that is to saie of Bishops might be transferred to the iudgement beyond the Seas wee learne it from saint AVGVSTINE who cries out that Cecilianus one of saint CYPRIANS Successors in the Archbishoprike of Carthage and within fortie yeares of S. CYPRIANS tyme who had bene condemned in Africa by a Councell of seuentie Bishops might reserue his cause beyond the Seas for as much as he was of the order of Bishops and not of that of Priests deacons and other inferior Clerkes There was noe question then saith saint AVGVSTINE of Priests or Deacons or other Clerkes of the inferior order but of the Colleagues that is to saie of Bishops who might reserue their cause intire to the iudgement of the other Colleagues and principallie of the Churches Apostolicke For whereas saint AVGVSTINE vseth the word Churches Apostolicke in the plurall number wee answere that in the Chapter following and shew that it is not to exclude the eminencie of the Roman Church ouer the rest 〈◊〉 of contrarywise he said but three lynes before In the Roman Church hath alwaies flourisht the principalitie Apostolicke But to preuent the malice of the Donatists who refused the iudgement that Pope Melchiades had giuen of the cause of Cecilianus for as much as they said that Melchiades had sacrificed to Idolls and consequenrlie could not iudge of the cause of Cecilianus who was accused of a crime of the like nature or equiualent to it It sufficeth at this tyme to inferr from the wordes of saint AVGVSTINE that there was this difference betweene the superior and inferior Clerkes of Africa that the causes of the superior Clerkes might be iudged beyond the Seas and not those of the inferior Clerkes And therefore where saint CYPRIAN saith that euery cause should be iudged where the crime had bene committed he spake of the causes of inferior Clerkes that is to saie of Priests Deacons subdeacons and other Ecclesiasticall persons constituted to the lesser order and not of the causes of superior Clerkes that is to saie of Bishops To the fowrth head which is that saint CYPRIAN complaines That the authoritie of the Bishops of Africa seemed lesse to some lost and desperate persons who had alreadie the yeare before bene iudged by them Wee answere two things the one that the word lesser hath noe reference heere to the Roman Church and is not a Comparatiue of relatiue signification but
and not of the causes of the church And secondly from the argument that hath bene sett before one of the places of the Greeke translation of this canon neere thousand yeares agoe which saith in their proper causes to distinguish them from Ecclesiasticall causes for the first councell of Constantinople that the Greekes held for the Palladium of their discipline And the third Councell of Carthage oppose proper causes to ecclesiasticall causes not that proper and temporall causes of ecclesiasticall persons were not sometimes called ecclesiasticall causes but because when the word ecclesiasticall cause was speciallie taken it was restrained onely to ecclesiasticall matter And thirdlie wee collect it from the practise and proceedinges of the same Mileuitan Councell For after that Pelagius whose cause was a maior cause and belonging to the Faith had bene iudged in the East by the Bishops of Palestina and that Celestius his disciple had bene heard and excommunicated for the same cause in Africa by the African Bishops the Mileuitan Councell remitted the finall iudgement thereof to the Pope in these words Because God by the guift of his principall grace hath placed thee in the Sea Apostolicke and in our daies giuen thee for such as wee ought rather to feare that it should be imputed to vs for a crime of negligence if wee chould conceale from they Reuerence those things that ought to be represented for the good of the Church then to apprehend that they would seeme troublesome or contemptible to thee Wee beseech the to applie thy pastorall diligence to the great perills of the sick members of Christ And a little after Iusinuating these things into they Apostolicall breast wee neede not extend our-selues in language and to amplifie so great an impietie with words being assured that they will so moue thee as thou canst not delaie their correction least they should spread farther And againe But we hope with the helpe of the mercie of our Lord Iesus Christ who vouchsafe to gouerne thee consulting with him and to heare thee praying to him that those that holde these doctrins so peruerse and pernicious will more easilie yeeld to the authoritie of thy Holynesse drawne out of the authoritie of the holie scriptures in such sort as we may haue more cause to reioyce in their correction then to afflict ourselues in their ruine A meruailous encounter of the effects of Gods prouidence which willed that the same Mileuitan Councell which the Lutherans and Caluinists abuse to ouerthrowe the Popes authoritie not onely puts it in practise but also witnesseth that it is of diuine right and grounded vpon the authoritie of the holie scriptures For to thinke to shift off this Epithete drawne from the authoritie of the holie scriptures by saying that the Councell speakes not of the cathedrall and Iudiciary authoritie of the Pope but of the authoritie of the passages of the scripture alleadged by the Pope against Pelagius it is a childish and ridiculous shifte aswell because the Pope had not then alleadged anie thing against the Pelagians as because it had bene a singular impertinencie that the Pelagians would rather yeild to the Popes authoritie then to that of the other Bishops doctors and Catholicke Councells and amongst the rest of saint IEROM saint AVGVSTINE and of the two Councells of Africa whereof bookes are full saith saint PROSPER Of Channells that wee bring From the eternall Spring Because the Popes authoritie was drawne from the authoritie of the holy scriptures If by the Popes authoritie they had intended the passages alleadged by the Pope and not the authoritie of the Popes chaire Iointly that the fiue Bishops of Africa who accompained the relation of the Mileuitan Councell with their letters did sufficientlie explicatē of what authoritie the Mileuitan Councell intended to speake when they writt to the Pope If the abettors of 〈◊〉 knew that the booke which they belieue or knowe to be his hath bene anathematized and condemned by the authoritie of the Catholicke Bishops and principallie by that of thy Holynesse which wee doubt not but it is of greater weight in his behalfe wee will imagine that they will noe more dare to disturbe the soules of the faithfull which are simplie Christian. And fowerthlie wee collect it from the words of the same saint INNOCENT the first to whom the Mileuitan Councell addresse their relation who not onely in the Epistle alreadie cited to Victricius saith That the ancient custome bare that the maior causes after the Episcopall iudgement were referred to the Sea Apostolicke but also in the verie answere of the Mileuitan Councell witnesseth that causes of Faith were wont to haue recourse to the Sea Apostolicke As manie tymes said hee as there is question of anie matter of faith I make accounte that all my bretheren and fellowe Bishops cannot chuse but referr it to Peter that is to saie to the 〈◊〉 of their name and dignitie Which wordes are not to be argued of ambition since saint AVSTIN commendes them as iust and lawfull in these wordes Vpon this the relations of the two Councells of Carthage and Mileuis were sent to the Sea Apostolicke And a little after Wee writt also to Pope Innocent of blessed memorie familiar letters wherein wee treated the affaire somewhat more amplie To all these things he answered vs in the same manner as was conuenient and fitt that the Prelate of the Sea Apostolicke should answere vs. And finallie we drawe it from the issue of Celestius his cause which was that Pope Innocent hauing bene preuented by death before he could bring it to effect Pope Zosimus his Successor and that euen at the instance of the Councells of Africa who sent to Rome the verball processe of that that past betweene them and Celestius finisht it And after he had heard Celestius in person and deliberated whether hee would absolue him or not absolue him from the excommunication that the Bishops of Africa had pronounced against him he finallie confirmed the sentence of the Councells of Africa and declared him condemned and excommunicated through the whole earth Celestius saith saint AVGVSTINE speaking of the answeres that Celestius made to the Interrogatories of Pope Zosimus would not condemne the things that had bene obiected to him by the Deacon Paulinus in the Councell of Carthage but he durst not resist the letters of the blessed Pope Innocent but promist to comdemne all what that Sea would comdemne And therefore hauing bene gentlie fomented like a franticke person to the end to giue him a little rest it was not yet thought fitt that he ought to be absolued from the bondes of excommunication but for the space of two moneths attending an answere from Africa leasure for repentance was giuen him vnder a certaine medecinall sweetenes of iudgement And againe Of this newe heresie Pelagius and Celestius hauing bene the authors or the most famous and violent promoters they themselues by the meanes
small number of Bishops there one onelie Bishop may come in legation and that in the same prouince a Priest may bee heard by fiue Bishops and a Deacon by three the proper Bishop of the Diocesse as hath bene aboue-said sitting with them Now the first clause of this decree is a traine of the second Canon of the third Councell of Carthage where after the Fathers had ordained that there should be sent to the nationall aniuersarie Councells three deputies from euery prouince they added this exceptation But from Tripolis because of the small number of Bishops there shall come but one onely Bishop From this canon then the Rapsodists of the sixth Councell of Carthage haue seperated and torne the traine from the head and haue set by an order reuersed the head which ordaines that there should come to the nationall Councells but three deputies from euery prouince in the eighteenth canon of their collection and the traine which excepts the prouince of Tripolis and the dispensation of sending but one deputie in the fourteenth that is to saie after the thirteenth with which it hath noe relation For that this exception hath bene made in the third Councell of Carthage and not in the fixth and that it is a traine of the second canon of the third Councell of Carthage it appeares both by the text of the third Councell of Carthage where it is in the same wordes by the Coūcell of Carthage holdē vnder the twelfth consulship of Honorius which preceded the sixth Councell of Carthage where it is said that Plautius was come onely Legat from the prouince of Tripolis according to custome a thing that euidentlie shewes that the exception of the prouince of Tripolis had preceded the sixth coūcell of Carthage The other clause is an ignorant addition that the Rapsodist hath thrust in by which hee will haue it that in the prouince of Tripolis fiue Bishops with the diocesan that is to saie six Bishops might iudge a Priest not considering that in the prouince of Tripolis there was in all but fiue Bishops For that the Rapsodist meaneth fiue Bishops besides the Diocesan it is apparent by these wordes the proper Bishop as hath bene ahoue said being present Which remitts the Readers to the former canons where the diocesan Bishop is added besides the six Bishops that ought to iudge the Priests of the other Prouinces and by Zonara and Balsamon who saie interpreting this canon Hee meanes fiue Bishops besides the Diocesan Bishop which ought to preside at this act and that there was in all but fiue Bishops in the prouince of Tripolis it is manifest by the ninteenth canon of the third Councell of Carthage which is the sixteenth of the African Rapsody where Aurelius saith In Tripolis as it is affirmed or according to the Greeke as you know there are but fiue Bishops In the sixteenth Canon which is a confusion of fower articles all the articles are as soe manie canons of the third Coūcell of Carthage bound vp and patched together without order one with an other and that cannot be presumed to haue bene transferred from the sixth Coūcell of Carthage into the third as the new publishers of the councells of Africa pretend for as much as the most part of the same canons had bene instituted in the Coūcell of Hippo which the first Mileuitan Councell testifies to haue bene repeated in the third Councell of Carthage In the seauēteenth canon the collection saith It hath pleased that Mauritania Sitifensis as it hath requested of the Primat of Numidia from whose Congregation it is now to bee subtracted should haue a Primat a parte which all Primates of African prouinces yea all the Bishops consenting thereto because of the length of the waie doe permitt to be so Now this canon could not be made in the sixth Councell of Carthage for more then twentie yeare before the sixth Councell of Carthage Mauritania Sitifensis had a primat apart as appeares both by the third Councell of Carthage which saith that there were none but the Prouinces indued with the first Seas that should send Legates to the Councells and neuertelesse names the Legates of Mauritania Sitifensis and by the first Mileuitan Councell where Nicetius is called Primat of Mauritania Sitisensis And therefore also Fulgentius Ferandus attributes this decree to an other Councell of Carthage In the eighteenth canon it is said Item it hath bene decreed that those that ordaine shall imprint the canons of the Councells in the eares of the Bishops or Clearks that are to be ordained wordes which are sillable for sillable in the third Councell of Carthage which cannot be said to haue bene trāsferred thither frō the sixth as the new publishers of the Coūcells of Africa pretend For Possidius reportes that it was saint AVGVSTIN who hauing perceiued that he had bene created Bishop of Hippo ioyntly with Valerius his Predecessor contrary to the prohibition of the councell of Nicea after his promotion caused the decree of reading the canons of the coūcells to those that were to be promoted to be made To the same canon the Rapsodist ādds Item it hath pleased that the Eucharist shall not be giuen to the bodies of the dead c. and that the ignorance of Priests doe not cause men alreadie dead to be baptized For which cause it shall be confirmed in this holy Synod that according to the decrees of the councell of Nicea in ecclesiacticill causes which often decaie with age to the domage of the people there shall be called euerie yeare a councell whereto all the prouinces that haue Primats shall send from their councells two legates or as manie as they please that the authoritie may be intire in the companie assembled Which are two decrees the one taken from the sixth canon of the third councell of carthage which saith Item it hath pleased that the Eucharist shall not be giuen to the bodies of the dead c. And the other drawne from the second canon of the same third councell of carthage which pronounceth It hath pleased that for ecclesiasticall causes which often decaie with age to the domage of the people there shall be called euerie yeare a councell to which all the prouinces that haue prime Seas shall send three Legates from their councells to the end that the authoritie should be intire and the assemblie lesse subiect to enuie and lesse costlie to their hosts Now besides this that the last of these canons hath nothing common with the prohibition of giuing the Eucharist or baptisme to the dead with which the Rapsodist tyes it but speakes of causes attempted against ecclesiasticall persons And besides that the mention of the Coūcell of Nicea which is ioyned thereto is wholie impertinent seeing the lawe of the Councell of Nicea is but of prouinciall Councells and not of Nationall it could haue bene neither made nor cōfirmed
that these letters hauing bene written by hereticall authors to witt the Arrians and reported by an hereticall historian from whom Socrates and Sozoment tooke them to witt by Sabinus a macedonian hereticke who tooke part with the Councell of Antioch against the Pope and against the Counceil of Nicea and was a sworne Enemie to the Trinitie to saint Athanasius and to the Councell of Nicea they carryed their confutation on their foreheade and are of as little weight as those that the Lutherans or other Protestantes should nowe write against the Pope For who knowes not that the Pope hath alwaies proued that concerning Religion that Cicero said of himselfe concerning the common wealth to witt that none euer declared himselfe Enemie to the Church but he tooke him the Pope for his aduerse 〈◊〉 at the same tyme And the other that notwithstanding the boldnes or to speake with Sozomene the impudencie of these hereticall and Arrian letters the restitution that the Pope had made of these great persons and amongst others Athanasius Patriarcke of Alexandria and of Paule Archbishop of Constantinople was neuerthelesse executed and imbraced as iust both in forme and matter by the vniuersall consent of all the Catholickes in the world Athanasius and Paule saith Sozomene recouered each one his seate And in an other place speaking of the 300. Orthodoxall Bishops of the Councell of Sardica who represented all the Catholicke Bishops vpon the Earth They answered said he that they could not separate themselues from the communion of Athanasius and Paule and principally for as much as Iulius Bishop of Rome hauing examined their cause had not condemned them And why then when the same Councell of Sardica where assisted according to the calculation of saint Athanasius Socrates and Sozomene more then 300. Bishops and which IVSTINIAN calls an Oecumenicall Councell And which Vigilius the ancient Bishop of Trent saith to haue bene assembled from all the prouinces of the Earth And where saint Athanasius and the greater parte of the same Fathers that had bene at the Councell of Nicea assisted proceeded not to institute the appeales as it shall appeare hereafter but to rule or to reduce into writinge the customes of the appeales did they ordaine that when a Bishop should appeale to the Pope it should be in the Popes choyse either to giue him iudges out of the neighbour prouinces or to graunt him legates which should be transported into those places If a Bishop said the Councell hauing bene deposed by the assemblie of Bishops of his prouince hath recourse in forme of an appeale to the most blessed Bishop of Rome and desires to be heard a new and that the Bishop of Rome holdes it iust that his cause should be re-examined lett him vouchsafe to write to the Bishops neighbbours to that prouince And a little after and if 〈◊〉 thinke it fitt to send priests from about his person which may together with the Bishops decide the businesse hauinge his authoritie from whom they are sent that alsoe ought to be allowed For as for what past afterward in Africa about the matter of Appeales in lesser causes that shall be spoken of hereafter in a chapter by it selfe And why then when the Fathérs of the same councell of Sardica yeilded an accompt of their Actes to the Pope did they write to him according to the copy which is inserted in the fragment of saint HILARIE and cited tacitly by Pope INNOCENT the first and expressely by Pope NICHOLAS the first It were very Good ad conuenient if from all the princes the Prelates of God would send relations to their Head that is to saie to the Sea of the Apostle Peter And why then when Valens Bishop of Murses in Mysia and Vrsatius Bishop of Singidon in Hungaria two of the chiese Whirle-windes in the Arrian tempest would departe from the heresy of Arius and from the slaunders that they had inuented against saint ATHANASIVS did they come to Rome to aske the Popes pardon and to protest obedience to him To the absolution of Athanasius said Sulpitius Seuerns there was yet added that Vrsatius and Valens chiefe of the Arrians after the councell of sardica seeing themselues excluded from the communion came in person to craue pardon of Iulius Bishop of Rome for haueing condemned an innocent And saint ATHANASIVS Vrsatius and Valens seeing these things were touched with remorse and goeing vp to Rome confest their fault and repenting craued pardon And themselues in the acte of their penāce giuē by writing to the Pope and inserted in the Relations of saint ATHANASIVS and Sozomene Wee confesse said they to your blessednesse in presence of all your priests our bretheren that all those things that are come hither to your eares against ATHANASIVS are false and fained and farr from being his actions and for this cause we earnestly desire to haue communion with him and principallie because your pictie out of your naturall goodnes hath vouchsaffed to pardon our Error And we farther promise that if for this occasion either those of the East or Athanasius himselfe doe maliciouslie call vs to iudgement wee will not departe from what you shall ordaine And why then when the Emperor constantius would set the last hand to the persecutiō of saint Athanasius did Amianus Marcellinus though a Pagan author reporte that he solicited Pope Liberius to condemne him not contenting himself that he had bene deposed by a councell cmpounded of 300. Bishops of the East and West vnlesse the Pope himselfe confirmed this deposition Although said hee that the Emperor know this was done neuerthelesse he procured with an earnest desire that it might be comfirmed by the authoritie where of the Bishops of the eternall Cittie are superiors For whereas afterward Pope LIBERIVS ouercome by the persecutions of Constantius the Arrian Emperor gaue himselfe vp to signe the condemnation of saint Athanasius it was after he had bene cast out of his seate by the Emperor at the instance of the Arrians and confined into Thracia And after he had suffered an exile of two yeares and a longe continuance of imprisonments threates of death and corporall afflictions and vexatiōs Nowe we make a great differēce betwene those sentēces that Popes pronounce de Cathedra that is to saie sett in their Ecclesiasticall Tribunall in the forme of publicke and iudiciary actes and with solemne and canonicall preparation and those things that they doe in the forme of particular and personall actes and not as constituted in the state and liberty of ludges but as reduced into the condition of captiues and prisoners and constrayned by the violence of humane feare such as may Be in a spirit morally constant And yet heere meete three miraculous circumstances and worthy of Gods prouidence toward the Apostolicks Sea in this historie The first that as in the solemnitie of the Pythian games wherein the Grecians celebrated the Feast of Apollo when one
the cittie of Rome besides that she was head of the Empire of the West a thinge which was common to her with the two other citties of Alexandria and Antioch each in the behalfe of their ancient territorie had yet this condition more aboue the rest that she was also the head of the vniuersall Bodie of the Empire soe the finall and absolute Sea of S. PETER which he constituted at Rome besides the Patriarchall iurisdiction and as correspondent to the Empire of the West in which it agreed with the other Patriarchall Chaires had yet more the degree of head of the Church and Prince of the Patriarkes in which he was superior to the other patriarchall Thrones And when there was question of things that went beyond the Patriarchall iurisdiction that is of greater causes and which concerned the vniuersall Churches as were causes of Faith or of the generall customes of the Church or those of the finall deposition of Bishops or those of iudging the verie persons of the Patriarkes exercised Ecclesiasticall iurisdiction ouer them iudged both of their iudgements of their persons For S. PETER hauing purposed to followe in the distributiō of spirituall iurisdictions the order alreadie established in the distribution of temporall iurisdiction it must followe that the same proportion that was betweene the seate of Rome the seates of the other two Empires in case of politicke secular iurisdictiō must likewise be maintained betweene the Sea of the Bishop of Rome and those of the other Patriarkes in case of Ecclesiasticall spirituall iurisdiction that for two causes the one occasionall remote to witt the secular dignity of the cittie of Rome which had moued S. PETER to sett the spirituall soueraigntie of the Church in that place where alreadie the temporall soueraigntie of the common-wealth was setled the other neere formall immediate to witt the spirituall dignitie of S. PETER for the eminencie whereof it was fitt that he that was the head of the episcopall societie should establish his finall absolute Throne plant the stock of his direct succession in that place where the stocke principall Seate of the human temporall iurisdiction was alreadie planted As the Emperors Theodosius and Valentinian note in these wordes The primacie of the Sea Apostolicke hath bene established both by the merit of Peter who is the Prince of the Episcopall societie and by the dignitie of the cittie and by the sacred authoritie of the Synod Now there was this difference betweene the seate of the cittie of Rome and the seates of the other prefectures in matter of secular temporall iurisdiction that not only the Emperor of the Roman common-wealth commaunded the Prefects and Presidentes of the other Seates but also that the cittie prefect of Rome besides the iurisdiction of his ordinary territorie which was limitted in regarde of iudgement in the first instance to a certaine number of prouinces had yet as head of the Senate and vicar to the Emperor the right of examining by appeale the causes of all the prouinces of the Fmpire For when Augustus and the Emperors following establisht or re-establisht the office of Prefect of the cittie of Rome they gaue him power to iudge of the appeales of all the prouinces of the Roman circle as the interpreter of the notice of the Empire and euen the aduersaries of the Roman Church doe acknowledge alleadging be it well be it euill these words of Mecenas reported in Dion that the Prefect of the cittie shall iudge of the appeales and prouocations of all the Magistrates aboue mentioned And those of Statius addressed to the cittie prefect vnder Domitian Jnque sinum quae saepe tuumfora turbida quaestu Confugiunt legesque vrbesque vbicunque togatae 〈◊〉 longinquis implorant iura querelis And those of an epistle from the Senat to the iudges of Carthage reported by Vopiscus in the tyme of the Emperor Tacitus All appeales shall belong to the cittie Prefect which shall yet proceede from the 〈◊〉 and ordinarie Iudges And these of an other epistle of the Senat to the Iudges of Treues and to the Antiochians Aquileyans Milaneses Alexandrians Thessalonians Corinthians and Athenians The right of appeale hath bene vniuersallie decreed to the Prefecture of the cittie And these of an epistle of Tiberianus The appeales from all the powers and from all the dignities are returned to the cittie Prefect And these from a lawe of Constantine to Iulian the cittie Prefect Wee will not that the iudges from whom the appeale shall remitt the causes to our clemencie but they shall haue recourse to the sacred auditorie of thy grauitie to whom we haue committed our Vicarship which was after abolished by the translation of the appeales to the Pretoriall Prefects from whence wee haue a lawe of Constantius in the Theodosian-Code which ordaines the Prefect of the Pretory of Italie to examine the appeales from Sicily from Sardinia from Calabria from Prussia and from the prouinces now called Lombardy and adds for the cittie Prefect informed by our answere hath bene aduertised to depart from it By meanes whereof as the cittie of Rome besides that she is head of the Empire of the West leaues not to haue dominion ouer the heades of the two other Empires or to reduce the matter into more strict termes as the Prefect of Rome in the first ages of the Empire besides the ordinary iurisdiction that he had ouer the prouinces of his territory yet left not as Vicar to the Emperor and head of the Senat to iudge of the appeales os all other prouinces so the Pope beside the iurisdiction he had in qualitie of Patriark of the West ouer the prouinces of the patriarkship os the West yet lest not as head os the Church and successor of saint PFTFR and principall Vicar of Christ to haue the supereminence and generall superintendence ouer all the other prouinces To the Roman Church saith saint IRENEVS because of a more mightie principalitie that is to saie as hath aboue appeared because of a principalitien ore mightie then the temporall it is necessarie that all Churches should agree And saint CYPRIAN The Roman Church is the Chaire os PEPER and the principall and originall of the Socerdotall vnitie And Sainct Athanasius They haue had noe reuerent esteeme that Rome was the Sea Apostolick and metropolitan of Romania And saint GREGORIE Nazianzene The ancient Rome treads rightlie in the faith houlding all the West bound by the healthfull word as it is conuenient for her to doe that ruleth all the world And sainct IEROM a priest of the Church of Antioch and disciple of S. Gregorie Nazianzene writing to Pope Damasus I know the Church is founded vpon that stone whosoeuer eateth the lambe out of that howse is profane And a little after I know not Vitalis I am ignorant of Miletius I reiect Paulinus whosoeuer gathers not with
to witt that to him because of the dignitie of his Sea appertaines the superintendencie of the Churches of the same Prouinces and that without him nothing should be decided in causes which concerne them For that the Patriarkes in their diuisions were as images and modells of the Popes authoritie and as Vicars borne from the Apostolicke Sea that is to saie were euery one in the extent of his Patriarkship that that the Pope was vniuersallie ouer the whole Church And then that as the Riuer Melas in Greece produced the same kindes of animals and plantes as Nilus in Egipt but lesser and proportionable to the quantitie of his course so the same authoritie that the Pope had ouer all the Church to wit that without him nothing might be decided in things which had regard to the vniuersall Church the Bishop of Alexandria had it proportionablie in his diuision to witt that without him nothing could be decided of the Ecclesiasticall causes of Egipt and of all the deuision of Alexandria it appeares by ten meanes besides many others It appeares first by the diuersitie of the conditions vnder which the Pope and the other Patriarkes participated to the succession of the Sea of Saint PETER who was the head and superintendent of Episcopall iurisdiction for the Pope onely bare the title of absolute successor and ordinary Vicar to saint PETER as being constituted in the Tribunall where saint PETER had established his finall and absolute Sea where he had planted the stocke of his direct Succession from whence it is that saint CYPRIAN calls the Roman Church the Chaire of Peter and the principall Church and the originall of the Sacer dot all vnitie and that the councell of Sardica exhortes the Bishops of all the prouinces to referr the causes to their head that is to saie to the Sea of the Apostle PETER and that 〈◊〉 saith that the Death of Pope Felix was the prouidence of God least the Sea of PETER might be dishonored being gouerned by two 〈◊〉 and that saint IEROM writes to Pope DAMASVS I am ioyned in communion with thy 〈◊〉 that is to saie with the Chaire of PETER and that Pope Innocent the first reported and approued by saint AVSTIN writt to the Bishops of Africa I conceaue that all our bretheren and colleagues can referre causes and principallie concerning faith to none but to PETER that is to 〈◊〉 to the author of their name and dignitie and that the Legates of Pope 〈◊〉 in the oration that they made to the Councell of Ephesus and which was confessed and registred by the ordinance of the Councell called the Pope the Successor and ordinarie Vicar of saint PETER And that the councell of Chalcedon intitled the Epistle of the Pope saint LEO the first The Sermon of saint PETERS Sea whereas the part that the other patriarkes had to the Successioin of saint PETER was an oblique and collaterall part and founded vpon subalterne and particular causes to witt that of the patriarke of Antioch vpon the passing and transitorie Sea of saint PETER at Antioch from whence it is that saint CHRYSOSTOME saith Peter the superintendet of the whole world he to whō Christ had cōsigned the keyes of the kingdome of heauen to whom he had committed the disposition of all things was a long time resident at Antioch And that the Pope Innocent the first tyme sellow to the same saint 〈◊〉 writt to Alexander the Patriarke of Antioch The Sea of Antioch had not giuen place to Rome had it not bene that what that 〈◊〉 but by the waie this hath obtained absolutely and finallie And that of the patriarke of Alexandria vpon the commission that saint PETER gaue to his second-selfe that is to saie to his deare and welbeloued disciple saint MARKE to goe found the Church of Alexandria the Metropolitan cittie of Egipt and of the prouinces adiacent from whence saint GREGORIE the great cries out The sea of Peter in three places is of one alone for he had exalted the Sea wherein hee vouchsafed to staie and finish his present life he hath adorned the Sea to which he hath ordained the Euaugelist his disciple hee hath established the Sea wherein he was resident seauen yeare though he were to depart from it By which meanes as the Pope represented the Stocke of the direct succession of saint PETER and the other Patriarkes represented the branches of the oblique and collaterall succession of saint PETER so what the Pope was in regard of the vniuersall Church the other Patriarkes were in the behalfe of their particular Patriarckships and reciprocally what the other Patriarkes were in the behalfe of their particular Patriarkships the Pope was in regard of the vniuersall Church It appeares secondly by the analogie of the ancient order of the Church which bare that the same priuiledges that the Patriarkes Primats and Metropolitans had to wit that without them nothing could be decided of the affaires of their deuisions and that the Prouinciall nationall or Patriarchall Councells which were held in their territories could not be esteemed perfect if they assisted not there the Popes had thē for the affaires which regarded the gouernment of the vniuersall Church and for the celebration of generall Councells and reciprocallie that the same priuiledges that the Popes had as that the care of all the Church pertained to them and that without them nothing could be decided of points concerning the vniuersall Church nor generall Councells bee celebrated the Patriarkes Primats and Metropolitans had them proportionablie in their limitts to witt that the care of all the affaires of their deuisions belonged to them and without them nothing could be decided in the affaires of their iurisdictions nor the Councells of their territories bee celebrated For as the Councell of Antioch which I alledge because it borrowes this decree not from the discipline of the Arrians but from the ancient forme of the Church saith that the care of all the Prouince belongs to the Metropolitan Soe Sozomen saith that the Bishop of Rome restored Athanasius Patriarke of Alexandria Paule Bishop of Const antinople Marcellus primate of Ancyra in Galatia for that to him because of the dignitie of his Sea the care of all things appertained And as the same Councell of Antioch saith speaking of particular Councells That Sinod is perfect at which the Metropolitan assists Soe Socrates witnesseth That Generall Councells and which were to prouide for the Generall lawes of the Church could not be celebrated without the Pope IVLIVS saith he had not assisted at the Councell of Antioch nor had sent anie in his place although the Canon of the Church forbids to make Ecclesiasticall lawes without the sentence of the Bishop of Rome or according to the translation of EPIPHANIVS followed by Cassiodorus to celebrate Councells without the sentence of the Bishop of Rome And Sozomene There was an eccclesiastic all lawe which annulled all things
that were instituted in the Churches without the sentence of the Bishop of Rome And the Emperors Theodosius and Valentinian Wee decree that accoding to the ancient custome nothing shall be innouated in the Churches without that sentence of the reuerend Pope of the Cittie of Rome Now how was this anie other thing but to make the Pope what the same lawe of Theodosius and Valectinian calls him to witt the Rector of the vniuer salitie of Churches and what the Councell of Chalcedō intitles him to witt the Guardian of the Lords Vine and what the Councell of Sardica the Councell of Chalcedon and the Emperor Iustinian qualifie him to wit the head of Bishops For if as the Prouinciall Nationall or Patriarchall Councells could not be reputed perfect nor decide the affaires of the 〈◊〉 or of the nation or of the Prouince without the Metropolitan 〈◊〉 〈◊〉 〈◊〉 the generall Councells could not be generall nor decide 〈◊〉 〈◊〉 which concerned the vniuersall Church without the assistance and 〈◊〉 of the Bishop of Rome And if as S. IEROM saith that the Councell of 〈◊〉 had ordained that Antioch should be the metropolitan 〈◊〉 spirituall of all the East so not only saint ATHANASIVS calls Rome the Sea 〈◊〉 and metropolitan of Romania that is of all the Roman Empire beates the Arrians with the epistle which they had writen to the Pope in the which though fainedly irronically they had called the Roman Church the Schoole of the Apostles and the Metropolitan of religion but also S. GREGORIE Nazianzene cries out the ancient Rome marcheth right in the saith 〈◊〉 all the west tied by the healthfull word as it is conuenient that 〈◊〉 should doe which rules all the world And if as the Bishops of Egipt protested at the Councell of Chalcedon that it was the custome in the prouinces of the 〈◊〉 of Egipt to doe nothing without the sentence ordinance of the Archbishop of Alexandria So Socrates saith that the Coucell of Antioch was argued of nullitie for as much as the ancient Ecclesiasticall law bare that the Churches could not bee ruled without the 〈◊〉 of the Bishop of Rome how is it that the Bishop of Rome was not metropolita of the vniuersall Church such in regard of the whole Church 〈◊〉 〈◊〉 Patriark Metropolitan was in regard of his diuision And if the Pope reciprocallie as heire to the principall Sea of S. PETER Metropolitan of the vniuersall Church was Rector of the vniuersality of Churches how could it be that the originall Patriarks which were heires of the 〈◊〉 Chaires of S. PETER the Metropolitans of the secōd 〈◊〉 of the Empire were not by proportion in the behalfe of their diuisions that which the Pope was ouer the whole extent of the Church It appeares thirdlie by the proceeding of the same Councell of Nicea and in the same Canon For what cause had the Councell of Nicea to represse the rebellion of Meletius Bishop of Sycopolis in Egipt who refused to obey the Bishop of Alexandria his Patriarke alledged the custome of the Pope not that of the Patriark of Antioch The Patriark of Antioch was in person at the Councell which the Pope was not hee was neerer both to the cittie of Nicea wherein the Councell wae holden to the Sea of Alexandria in whose fauour this Canō was made then the Pope he had the 〈◊〉 ouer fifteene great prouinces where of the least conteined more countries then the Protestants attribute to the Patriarkship of the Pope For what cause doth the Councell to suppresse Meletius alledge the custome of the Bishop of Rome and not that of the Bishop of Antioch but because the Bishop of Antioch his authoritie was of positiue right as well as that of the Bishop of Alexandria by which meanes the same 〈◊〉 that carried Meletius to denie the one might likewise haue carried him to denie the other where the Popes authoritie was of diuine right that is to saie as S. AVSTIN the Mileu Councell speake drawne 〈◊〉 the authoritie of the holie scriptures Moreouer for what cause did the Coūcell of Nicea confirme the custome of the Patriark of Alexandria that of the Patriark of Antioch not confirme that of the Pope but because the Popes authoritie depends not of the authoritie of Councells but proceeded from the verie mouth of our Lord as Pope Gelasius whō S. 〈◊〉 the secōd S. AVS or rather the second Oracle of the African Church calleth the Reuerēd Prelat of the Sea Apostolicke hath since expressed it in there words The holie Romā Catholicke Apostolick Church hath not bene preferred before other Churches by anie synodicall constitutions but hath obtained the primacie Euāgelicall voice of our Lord and Sauiour when he said Thou art Peter and vpō this rocke I will builde my Church Now this being so how is it not manifest that the intention of the Councell was not to restraine the authoritie of the Pope to the limits of a simple particular Patriarkship as that of the other Patriarkes but to propound the authoritie that the Pope had in regard of the vniuersall Church for a type and patterne of the authoritie of the other Patriarkes in regard of their patriarkships for either the law diuine gaue nothing to the Pope ouer the other Bishops or if it gaue him anie thinge it was giuen him ouer all the Earth although for the cōmoditie of the vniuersall gouernement of the Church the Pope abstained from the immediate administratiō of the other Patriarkships cōtented himselfe with the onely immediate gouernement of the patriarkship of the West and with the mediate generall superintendencie ouer the rest It appeares fowthly by the possession wherein the Pope remained after the Canon of the Councell of Nicea of iudging the persons and iudgements of the other Patriarkes and that in the view with the applause euen of those that had made the canon of their successors without that anie euer murmured that this practise contradicted it for how had Pope Iulius the first who was created Pope fiue yeares after the Coúcell of Nicea restored those great Champions of the Councell of Nicea saint ATHANASIVS Patriark of Alexandria Marcellus Primat of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina because to him saith Sozomen for the dignitie of his Sea the care of all things apperteyned if the intentiō of the Councell of Nicea had bene to restraine the authoritie of the Pope into the onely limitts of a particular Patriarkship as well as that of the other Patriarkes And how had those great Chāpions defendors of the Coūcell of Nicea made vse of the Popes restitution to re-enter their Seas if it had bene contrary to the canon of the Councell of Nicea the which themselues had helped to compose S. ATHANASIVS amongst the rest who had bene the soule and pen thereof was then heire
causes of Bishops could not be determined till first the decision had bene made at Rome And 〈◊〉 〈◊〉 That the Sacerdot all lawe required that those things which were constituted without the Bishop of Romes sentence should be annulled Neuerthelesse for as much as Caluin obiectes that if this cause had belonged to the Popes Ordinary iurisdictiō he ought not to haue iudged it by the Emperors commission it is necessarie to cleere it To this obiection then before wee 〈◊〉 the matter to the bottom wee will answere in forme of a prologue fiue thinges first that it was not a commission except in regard of the three Assessors of the Gaules that the Emperor named to content the importunitie of the Donatists to the end that they might serue for 〈◊〉 warrants of the sinceritie of the proceedings of the Councell of Rome but a remittmēt as it appeares both by the Emperors confessiō who avowed that it belōged not to him to examin this cause by the electiō that the Pope made of fifteene other Bishops that he tooke for his assistāts besides those that the Emperor had nominated And therefore although S. AVG. in regard of the Donatists intētiō sometimes calls this remittmēta delegation neuerthelesse hee sheweth sufficientlie that it was rather a relegation then a delegation when he notes that the reason wherefore the Emperor did it was for as much as he durst not iudge the cause of a Bishop Your Superiors said he to the Donatists first brought the cause of Cecilianus to the Emperor Constantine And a little after But because 〈◊〉 durst not iudge the cause of a Bishop hee delegated the examination and 〈◊〉 thereof to Bishops I add that hee vsed this language by Synecdoche and referringe the word delegation to the Iudges of the Gaules onelie that were deputed to assist at the Councell of Rome and not to all the Councell of Rome as hee witnesseth elsewhere by these wordes The Emperor gaue to the Donatists the Iudges that themselues had demaunded that is to 〈◊〉 the Iudges of the Gaules And againe Donatus was heard at Rome by the Iudges that himself had demaunded For of the ninteene Bishops of the Councell of Rome there were but three of the qualitie of those that Donatus had demaunded Donatus had demaunded but three but saint AUSTIN extendes this clause by Synecdoche to all the Coūcell for as much as the three Iudges demaunded by Donatus had iudged in Common with all the Councell and were found soe conformable to the rest as the iudgement of the Councell which passed all with one voice and without anie diuersitie of opinions and theirs was one selfe same thing The second answere is that Constantine did not interpose his authoritie in this affaire as Maister by himself of the cause but as an Arbiter sought by the Donatists and assuringe himself as a Catholicke that he should be avowed by the Catholicks This Matter saith saint AVGVSTIN belonged greatly to the Emperors care whereof he ought to giue an accompt to God for the Donatists had made him arbiter and iudge of the cause of the tradition and of the Schisme From whence it appeares that the Emperors interposition in this cause was a matter of fact and not of right and whose example cannot be alleadged for a paterne of the ancient discipline of the Church The third that it was not a controuersie questioned amongst the Catholicks and according to the ordinarie lawes of the Church but a Sute commenced by the heretickes against the Catholicks and by waies extraordinarie to all the lawes and formes of the Church For the Donatists had alreadie broken the bond of vnitie and shaken off the yoake of the Churches authoritie They were saith saint AVGVSTIN alreadie culpable of the Schisme and alreadie stained with the horrible crime of the 〈◊〉 of Altar against Altar By meanes whereof there being noe iudge common betweene them and the Catholicks in the Church there remained nothing for them to doe but to haue recourse to the Arbitrements of the secular powers whose examples could noe more be drawne into consequence against the ordininarie authoritie of the Christian Church then the iudgment that Ptolomeus Philometor king of Egipt gaue betweene the Iewes and the Samaritans could forme a president against the ordinarie authoritie of the high priest and of the Sacerdotall colledge of the Iewish Church The fowrth that the cause questioned in this processe was not a cause of right and that should be proued by ecclesiasticall meanes such as the testimonies of Scripture or the traditions of the Apostles or the Custome of the Church or the sentences of the Fathers but a question of fact and whereof the hypothesis was mingled with accessories that belonged not to the causes of the Church and could not be examined by ecclesiasticall meanes onelie but must be iustified by human and secular meanes as the confronting of witnesses the acts of Notaries yea Pagan and heathen ones the Recordes of Clerkes and euen the applications of questions and corporall tortures For the accusation of the Donatists was principallie grounded vpon the framing of a false letter that they had forged against Felix Bishop of Aptunge for the examination whereof there must be a secular and proconsulary iudgement interposed betweene the ecclesiasticall iudgements that is to saie betweene the Councell of Rome and that of Arles to conuince the forgers of the falshood by the application of rackes and tortures Wee haue vndertaken saith saint AVSTIN the defence of the cause of Cecilianus although it belong not to the cause of the Churche that we may make their calumnies appeare euen in that And againe speaking of the torture which was offered to the scriuener Ingentius or Uigentius to make him confesse whether he had falsified the letter of the Aedile Alfius Cecilianus to Felix Bishop of Aptunge The Proconsull said hee amongst the fearefull cries of the vshers and the bloudy hands of the hangmen would not haue condemned a Colleague of his being absent And the fifth that all the actes that the Donatists extorted from the Emperor in this 〈◊〉 hee protested them to be soe manie irregularities and nullities and so manie vnlawfull enterprises vniust and extraordinarie wherein he suffered himself to be constrained against his will to giue waie to the passion and malice of the Donatists and in yeilding to them to assaie to reduce them to the peace and vnitie of the Church and he was soe 〈◊〉 from desiring to haue the example thereof serue for a lawe to the Bishops as contrarywise he promised to aske the Bishops pardon the historie is this The Donatists hauing accused Cecilianus Archbishop of Carthage of treason or communication with traytors that is to saie with those that had deliuered the holie Bookes and the sacred Vessells to be put into the fier in the persecution tyme yea euen to haue bene ordained by a traytor soe did they intitle Felix
iudgement should be obligatorie to the secular Tribunall and executory by the officers of the Empire and vnder the imposition of paines and temporall punishments but hee could not giue them Iudges in right whose Iudgements should bee obligatorie in conscience and to the Tribunall of the Church and should make those that contradicted culpable of spirituall censures and punishments And secondly the Donatists hauing specified in their request that they demaunded Iudges of the Gaules and that of purpose to exclude particularlie the iudges of Italie the Emperor harkening to their request and giuing them Iudges of the Gaules how had he sent them to Rome to iudge the cause with the Pope and vnder his Presidencie and direction who was hee against whom if wee giue creditt to the Donatists in the conference of Carthage their petition was principallie presented if hee had not acknowledged that the Pope was naturall and ineuitable Iudge of the cause Is there any likelyhood that the Emperor beeing resident amongst the Gaules and the Iudges whom he nominated for the Donatists being risident there that hee would haue sent them from about his person where they were to the Popes person from whom they were seperated by so large a distance of Sea and land to serue him for assistants if hee had belieued that it was himselfe and not the Pope that was the Naturall Iudge of the affaire To what purpose should he haue made the Donatists take so much paines who came to him out of Africa into Gallia and the three Iudges that hee graunted them who were also in Gallia to trauaile from thence to Rome if hee had not acknowledged that which wee read latelie in saint ATHANASIVS That the causes of the Bishops could not be determined till de decision had bene made at Rome And in Sozomene That those things that were constituted without the sentence of the Bishop of Rome were nullities And in saint AVGVSTINE vpon the same place that in the Roman Church had alwaies flourisht the principallitie of the Sea Apostolicke But let vs kintt vp our historie To these three Bishops nominated by the Emperor the Pope yet added fifteene more whose names Optatus reportes Merocles Bishop of Milan Florian Bishop of Cesena Zoticus Bishop of Quintian Stemnius Bishop of Arimini Felix Bishop of Florence Gaudensius Bishop of Pisa Constantius Bishop of Faensa Proterius Bishop of Capua Theophilus Bishop of Beneuentum Sauinus Bishop of Terracina Secundus Bishop of Preneste Felix Bishop of the three lodges Maximus Bishop of Hostia Euander Bishop of Ursin and Donatian Bishop of Foro-Clodi Now if the Pope had not bene iudge of this case but by deputation and that the Emperors addresse to him had bene but a simple commission and not a remittment how could he haue taken fifteene others Bishops for his assistants besides those that had bene nominated by the Emperor and Bishops of Italie also which was the prouince that the Donatists had principallie pretended to refufe by their petition And why did not the Donatists reproach to him that hee had exceeded the boundes of his commission For as for Caluins saying that the Emperor nominated Iudges out of Gallia Spaine and Italie it is an ignorance disproued by Optatus who affirmes that the Councell of Rome was compounded but of ninteen Bishops in all towitt of the Pope three Bishops of Gaules and fifteen Bishops of Italie and that there were noe Bishops of Spaine and teacheth vs that the Emperor nominated but onely three Bishops of the Gaules Iudges saith Optatus were giuen Maternus of Cologna Rheticius of Autun and Marinus of Arles And indeede how could the Donatists haue desired Iudges out of Spaine where the persecution had bene soe cruell Wherefore although S. AVGVSTINE extendes as farr as he can the Emperors commission to the iudges of the Councell of Rome of purpose to make that Councell not capable of refusall by the Donatists who hauing taken the Emperor for their arbiter it seemed they could not decline a iudgement wherein his authority had interuened yet he extends it noe farther then to saie that the Emperor sent Bishops to Rome to iudge the cause with Melchiades and neuer goes so farr as to say that he gaue commission to Melchiades or gaue him for a iudge Contrarywise speaking of the iudges giuen by the Emperor he restraines them as hath bene 〈◊〉 aboue noted to the Bishops of the Gaules onelie Iudges saith hee were giuen to the Donatists those that they had demaunded that is to saie the Bishops of the Gaules Insinuating thereby that the Pope was none of the iudges that were giuen and that the Emperors delegation extended it selfe noe farther then onely to the iudges of the Gaules which he had deputed to the end they might bee witnesses and colleagues of the Popes iudgement and did not comprehended the Pope From whence it appeares that when he said that the Emperor delegated the examination of Cecilianus his cause to the Bishops or that the Councell of Rome absolued Cecilianus by the Emperors commaundement he speakes by Synecdoche that is to saie by extending the part to the whole for as much as the Bishops delegated by the Emperor and enabled by the Emperors commission which was valid in respect of the Donatists that had sought it made a part of the Councell of Rome where Cecilianus his cause was examined a part so conformable to the opinion of the whole as the iudgement of the Emperors Commissioners and that of the whole Councell was one selfe same thing Otherwise we must conclude by the same reason that Donatus had demaunded for iudges all those that assisted at the Councell of Rome that is to saie both the Pope and the fifteene iudges of Italie for S. AVGVSTIN saith in the like wordes that Donatus was heard at Rome by the iudges that he had demaunded And yet it is certaine that Donatus had demaunded none but the three iudges of the Gaules yea with the exclusion of the others But S. AVSTIN saith that he had bene heard by the iudges that he had demaunded for as much as amongst the iudges that heard him were those that he had demaunded who being conformable in their opinions with the rest it was as much as if he had demaunded them all Let vs finishe our historie The Pope assisted by these eighteen Bishops three nominated by the Emperor and fifteen chosen by him iudged the cause of Cecilianus and iudged it soe soundlie as saint AVSTIN takes occasion from thence to call him the FATHER of the Christian People How innocent saith saint AVSTIN was the last sentence pronounced by the blessed Melchiades how intire how prudent how peaceable And a while after O blessed man ô Sonn of Christian peace and Father of Christian people From this iudgement of the Popes notwithstanding the Donatists appealed to the Emperor and that was the second irregularitie and so great and enormious an irregularitie that
of Africa forbad the clerkes of their Prouinces the appeales beyond Seas In the Mileuitan Couueell saith Caluin where saint AVGVSTINE assisted those that should appeale beyond Sea were excommunicated It is true but to this instance we bring two sharpe and decisiue answeres the first that the canon is meant but of appeales in minor and personall causes as were causes as well pecuniarie as morall that is to saie as well ciuill as criminall of clerkes and not in maior causes that is to saie in common and Eclesiasticall causes as were causes of Faith and Sacraments or of the vniuersall customes of the church And the second that he speakes but of the Appeales of Priests deacons and other clerkes of the inferior order and not of the Appeales of the Clerkes of Superior orders that is to sale of Bishops For the cleering then of the first of these doubtes which is that the Canon is meant but of Appeales in minor causes it must be knowne that the ecelesiasticall Tribunalls did then examine not onely the spirituall and religious causes of the Church but also all the temporall and secular causes of ecclesiasticall persons as well ciuill as criminall This appeares both by the first Councell of Constantinople which ordaines That if anie one doe begin a particular processe against a Bishop as hauing receiued losse or iniurie from him the person and Religion of the accuser shall not be examined but if it be an ecclesiasticall crime the accusers person shall be examined and first it shall not be lawfull for heretickes to accuse orthodox Bishops for ecclesiasticall causes And by the third Councell of Carthage celebrated ninteen yeares before the Mileuitan Councell which decrees That 〈◊〉 Clerke that leauing the Ecclesiasticall gouernment would purge himselfe in the publicke iudgements although the sentence be to his aduantage if it be in a criminall iudgement he shall loose his degree and if it be in ciuill iudgement he shall loose that which hath bene adiudged to him And by the Epistle to the Emperor Theodosius the second who to aduance the iudgement of the controuersie of Nestorius imposed truce to the Councell of Ephesus of all pecuniarie and criminall causes and ordained that they should handle noe cause neyther ecclesiasticall nor other till that of Faith were determined Now these different sortes of causes were not reputed to be all of a weight but the one to witt those that regard Faith or the generall customes of the Church were called maior causes maior businesses maior affaires And the others to witt those that regard the particular persons of clergy men and consisted in accusation of manners or pursuite of pecuniarie interests were called minor causes minor businesses and minor affaires And that by a distinction taken from the analogie of the Scripture which 〈◊〉 that Iethro aduised Moyses to suffer the minor causes of the Israelites to be iudged by the inferior iudges and to reserue to himselfe onely the maior causes Those that shall be maior causes said hee lett them bring to thee but let themselues iudge the minor causes The vse of this distinction may be seene in a thousand places of antiquities It appeares in these wordes of the Epistle of the same Pope Innocent vnder whom the Mileuitan Councell was holden to Uictricius If they be maior causes that are in question after the Episcopall iudgement lett them be referred to the Sea Apostolicke as the Synod and ancient customes vetus and not beata ordaine Which Epistle I the rather alleage because it was cited by the Bishops of France in the second Councell of Tours a thousand and seauen hundred yeares agone It appeares in these wordes of the Epistle of the Pope saint LEO the first to 〈◊〉 Bishop of Thesalonica his Vicar in Macedonia and other prouinces 〈◊〉 Constantinople If anie maior cause be moued for which it maie be reasonable and necessarie to call an Episcopall assemblie lett it suffice thee to cause two Bishops to come to thee out of euerie prouince such as the Metropolitans would choose And a litle after And if their iudgement be found differing from thy opinion let the acts be sent to vs with authenticall testimonie that all dissentions taken awaie a sentence pleasing to God may be decreed It appeares in these wordes of the Epistle of saint GREGORIE the Great to Iohn Bishop of the first Iustinianea If anie cause of faith or of crime or of pecuniary matter be obiected against our Colleague Adrian Bishop of Thebes lett it be iudged if it be a matter of light importance by our Nuncios which are or shall be in the royall Cittie that is to saie at Constantinople and if it be a matter of weight let it be referred hither to the Sea Apostolicke And finally it appeares in the capitularie of our great Emperor Charlemaine where the wordes of Pope Innocent the first are repeated by forme of lawe in these wordes If they be maior the Sea Apostolicke as the Synod and the blessed or to reade better the ancient custome ordaines And from thence it is that Hincmarus Archbishop of Rheims writing a little after that is to saie vnder Charles the Balde to Pope Nicholas the first maketh him this protestation Let it not please God that we should soe despise the priuiledge of the first and soueraigne sea of the Pope of the holie Roman Church as to wearie your soueraigne aucthoritie with all the Controuersies and with all the quarrells of the Clergie as well of the Superior as inferior order which the canons of the Councell of Nicea and the decrees of Innocent and of the other Popes of the holy sea of Rome commaund to be determined in their prouinces And againe Wee Metropolitans trauailinge in our prouinciall Councells decide carnall controuersies and haue care after iudgement to referr the maior causes and of maior persons to the examination of the Pope of the Soueraigne Sea And from hence it is alsoe that Gerson declaming longe tyme after against the disorders in the court of Rome during the schisme of Iohn the twentie three cryes out If the iudgement of minor causes be reproued in Moyses by Iethro how would it be in the Pope and in his Court of soe manie continuall and importune imployments of most prophane and vnworthie processes The first solution then that wee bring to the prohibition that the Bishops of the Mileuitan Councell made to their clerkes from appealing beyond Sea is that the wordes of the Councell were intended not of appeales in maior causes that is to saie in causes that concerne faith or the vniuersall customes of the church but of appeales in minor causes that is to saie in causes morall or pecuniarie of Ecclesiasticall persons And this solution besides the places alreadie alleadged wee drawe first from the text of the canon which saith preciselie In the cause that they shall haue to shewe that he speakes of their particular causes
the first Protestants haue caused to bee published and republished manie tymes this sixth Councell of Carthage as a Storehowse reputed by them very powerfull to resist the authoritie of the Sea Apostolicke but also haue vomited disgorged with so much impudence the venome of their inuectiues against the Popes vnder the which this matter hath bene treated of as the heauens abhorre it calling Pope Boniface whom S AVGVS calls Reuerend Pope Boniface to whō he dedicated one of his principall Bookes and whom Prosper qualifies Pope of holy memory insteed of Boniface Maleface And Pope Celestine whom the Generall Councell of Ephesus calls new S. Peter in the steede of Celestine Infernall And yet since these two last yeares their Successors dissembling the learned answers of the Illustrious Cardinalls Bellarmine and Barronius haue caused the same Councell to be twice new printed once in France an other time in Germanie as an insoluble piece against the Popes authotity And therefore since the affairedeserues to be treated with much diligence and read with much attention it belongs to me to contribute the one and to the readers to the lend the other To this instance then before I vndertake to search this history to the bottomb I will bring eight obseruations in forme of preseruatiues and antidotes The first obseruation shall be that whatsoeuer the aime and successe of this Councell were nothing could be inferred from it to trouble shake the Popes authoritie in regard of Appeales For in the Coūcell of Chalcedon which was holden by six hundred thirtie six Bishops thirtie yeares after the sixth Councell of Carthage which was more famous authenticall then the sixth Coūcell of Carthage as being a generall Coūcell one of the first four Generall Coūcells whereas the sixth Coūcell of Carthage wat but a Nationall Coūcell the Appeales of causes which cōcerned either faith or the persons of Bishops cōtinued to goe to the Pope according to the forme that had bene ordayned by the rule of the Coūcell of Sardica The Epistle of the Emperor Valentiniā the third annexed to the head of all the copies of the Coūcell of Chalcedon as well Greeke as latine is a testimonie of this which saith Wee onght to preserue 〈◊〉 in our daies the dignitie of particular reuerēce to the blessed Apoctle Péter 〈◊〉 that the holie Bishop of Rome to whō antiquitie hath grāted the priesthood 〈◊〉 all may haue place to iudge of faith and of Bishops c. For for this cause 〈◊〉 to the custome of the Councells Flauianus Bishop of Constantinople hath 〈◊〉 to him in the cōtrouersie which is mooued concerning faith The law of the Emperor Marcian annexed to the end of the Acts of the same Councell is a testimonie of this which cryes out The Synod of Chalcedon by the authority of the blessed Bishop of the cittie eternall in glorie Rome examining matters of faith exactly and establishing the foundations of Religion giues to Flauianus the reward of his past life and the palme of a glorious death A testimonie of this is the petition of appeale sent to the Pope by Theodoret Bishop of 〈◊〉 a cittie confining vpon Persia and subiect to the Patriark of Antioch which saith I attend sentence of your Apostolicke Throne and beseeche your Holynesse to succour me appealing to your right and iust iudgement A testimonie of this is the ordinance of the directors of the policie of the Councell which was Let the most reuerend Bishop Theodoret come in that he may partake of the Councell because the most holy Archbishop Leo hath restored his Bishopricke to him and that the most sacred and religious Emperor hath ordained that he be present at the Councell And finallie the relation of the same Councell is a testimonie of this which writes to the Pope approuing the iudgement of appeale that he had giuen in the cause of Eutyches Abbot of Constantinople and condemning Dioscorus and the false Councell of Ephesus for presuming to meddle with it He hath restored to Eutyches the dignitie whereof he was depriued by your Holinesse c And after all this He hath 〈◊〉 his felony euen against him to whom the keeping of the vine had bene committed by our Sauiour that is to saie against your Apostolicke Holynesse The second obseruation shall be that the controuersie of appeales which was handled in the sixth Councell of Carthage was not of appeales in maior and Ecclesiasticall causes that is to saie in causes of Faith or of the Sacraments or of discipline or of the customes and ceremonies of the Church but of appeales in minor and personall causes that is to saie in the secular and temporall causes of persons constituted in orders as causes of adultery drunkenes battery theft debt and others causes as well morall as pecuniary and as well ciuill as criminall of Ecclesiasticall persons which the decrees of Councells and the lawes of Emperors submitted to the Tribunall of the Church This appeareth both by the qualitie of Apiarius his cause for which this question was moued which was a morall cause and wherein there were 〈◊〉 and infamous crimes handled and not an Ecclesiasticall cause And by the remonstrance which the Africans made to Pope 〈◊〉 That the beyond-sea iudgments could not be assured for the difficultie of causing witnesses to passe out of Africa into Europe which often because of the weakenes either of age or sexe could not indure sea voyages And by the Epistle of Pope Innocent the first which S. AVGVSTINE calls worthie of the Sea 〈◊〉 wherein these words were contained And principally whensoeuer 〈◊〉 of faith are handled I conceiue that all our brethren and colleagues ought not 〈◊〉 them but to Peter that is to saie to the authour of their name and dignitie And finally by the very proceedings of the Mileuitan Councell and of the Councell of Carthge holden vnder the twelfth consulship of Honorius For not only the Fathers of the Mileuitan Councell where the prohibition was made to inferior Clerkes not to appeale beyond sea 〈◊〉 the finall iudgment of Celestius alreadie heard and iudged for a cause of Faith in Africa to Pope Innocent the first with this acknowledgment that the Popes authority was of diuine right or to vse their owne owne termes drawne from the authority of the holy Scriptures but euen Pope Innocent the first being dead before he could heare Celestius in person and hauing only condemned him in generall vpon the reporte of the Councells of Africa the African Bishops reassembled in the Councell of Carthage holden vnder the twelfth consulship of Honorius wherein the question of Apiarius and the controuersie of Episcopall appeales began caused their acts concerning Celestius to be carried to Rome and procured them to be confirmed by Pope Zosimus successor to Innocent The reuerend Bope Zosimus saith S. AVGVSTINE pressed Celestius to condemne those things that the Deacon Paulinus
the state of the Question 437 XXVI Of the inuention of order in the iustification of the reformation before the proofe of the deformation 438 XXVII Of the indefectibilitie of the Church 439 XXVIII Of the sense wherein the Fathers haue intended that their doctrine had bene holden from the beginning 441 XXIX Of the exceptions that the Kinge produceth to shewe that he hath not separated himselfe from the Church 442 XXX Of the demannds made for Reformations since the fiue last ages 443 XXXI Of the agreement of the English reformers with the Donatists 444 XXXII Of the authoritie of the rest of the Christian people which denied to the Church the title of Catholick 446 XXXIII Of the testimonies of our writers 447 XXXIV Of the begging of the principle contained in this hypothesis ibid. XXXU Of the temporall causes of the separation of England 448 XXXVI Of the comparison of the English Church with the Iudaicall ibid. XXXVII Of the comparison of the Charitie of the antient African Church and the moderne Roman Church 462 XXXVIII Of the innocencie of the Church in the matter of conspiracies against his maiestie ibid XXXIX Of the writings of the illustrious Cardinall Bellarmin 463 An admonition to the Reader COurteous reader for so I will esteeme of thee whosoeuer out of a true desire of vnderstāding the truth takest this learned work into thy hands to peruse it with iudgment and yet without preiudice vouchsafe before thou begin the perusall thereof to take these few obseruations from me First whereas the most eminent authour thereof had proiected to diuide it into twelue seuerall bookes or partiall treatises and died before he could make a compleat end thereof being often diuerted from it by manifold employments which his high estate calling was subiect vnto by some more necessary dispute writings which the cōdition of France did then affoord his frinds either not marking this his proiect or because all the work was not ended neglecting that diuision set is foorth reparted into six bookes only and those so vnequally sorted that the first book alone is in the French edition farre bigger then all the other ensuing fiue bookes taken together This vnproportionable partition we haue amended in this English translation as we might easily do by the citations or quotations with which the authour himself bordered his margent for in them he sometimes referres him self to such a chapter of the second seuenth eleuenth twelft booke whereby he sufficiently insinuates into how many bookes he intended to diuide this his excellent worke at what matter euery booke should take its beginning which his intention we haue obserued in this that now we present to thy view that the fit diuision of matters therein handled may make it more intelligible and lesse tedious Secondly the humour of the French demanded for their satisfaction that the many places which are cited out of learned holy and classicall autours hould not only be faithfully translated in the text but also placed at large in their originall languages in the margen that the learned reader might without recourse to the seuerall volumes which required a copious library whereof few are furnished out of hand examin the faithfullnes of the trāslatiō cōsequētly how fitly the alleged authority made for the purpose But this humour not yet for ought I haue seen much raigning in our country we haue thought it sufficient to cite the places only in the margen which are fully expressed in the text the rather because the excellent translatresse copy which we haue faithfully expressed contayned no more and more beseemed not her translation as not desiring to make shew of skill in greek and other such learned languages but only of that which was sufficient for her assumpt that it is of a faithfull translation according to the significant expressement of the French Thirdly we haue not presumed to alter or change any one word of her translation but in some few places where the French allusions could not be so well vnderstood if they were expressed in English properly corresponding thereunto for euery tongue hath some peculiar graces and elegancies which be lost in the translation yf they be put word for word And yet this haue we done as we sayde very seldome and that especially in the word Church wich we English men vse deriued from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the house dedicated to our Lords seruice which tropically we vse also to signify the congregation of the faithfull most solemnly and vsually made in the Church The French expresse it by the name of Eglise from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocatus ad professionem fidei the company of the faithfull called by Christ to professe his lawe by which word they secundarily or tropically vnderstand and call the Church or house of prayer So in the name of S. Peter in Frenche S. Pierre which word also signifies a rock or stone in French as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greek and Cephas in Syriak do but in our English we haue no such allusion No other change but in these few and such like haue we made neither was it needfull the translatresse hauing so fittly and significantly expressed the autours meaning that it would haue been lost labour to striue to do it better and rather marring then mending so perfect an expression Lastly I desire thee gentle reader to beare with the faults of the presse The printers being Wallons and our English strange vnto them it was incredible to see how may faults they committed in setting so that in ouerlooking the proofes for the print the margins had not roome enough to hold our corrections and do what we could yet the number of our corrections being so many a great many of them remayned vncorrected by the fastidious fantasy of our workman Yet we iudge there is no fault that may hinder or change the sence but is amended and for the rest we desire thee to pardon vs considering how hard it is to make a stranger here to expresse our ortography Farewell in our Lord and he of his goodnes giue thee grace to take profit by reading these learned discourses Thy Wellwisher in Christ Iesus F. L. D. S. M. APPROBATIO TRanslatio haec operis excellentissimi quod eminentissimus Cardinalis Perronius pro fides catholicae doctrina ad potentissimum Regem ac Dominum nostrum Jacobum totius Britanniae Franciae Hiberniae Monarcham summa cum cruditione pariter modestia conscripsit facta a nobilissima quadam Heroina prouinciae nostrae serenissimae Reginae Dominae nostrae Mariae 〈◊〉 Borboniae dicata per omnia fideliter concordat cum ipsa autoris mente verbis sententiis Qua propter dignā eam 〈◊〉 quae typis tradatur vtex tanti Praeceptoris accuratissimis cloquentiaque incomparabili vestitis disputationihus fructum copiosum capiatur Anglia nostra qualem vniuersa Gallia cum perpetua Magni autoris veneratione se percepisse protestatur
of Catholique to the Donatists because of the separation of Communion and yet graunted it to those from whom the Donatists had taken their doctrine because of the vnitie of Communion Cyprians people saith S. Pacian hath neuer bene called otherwise then Catholicke And Sainct Vincentius Lerinensis O admirable change the authors of one selfe same opinion are adiudged Catholickes and the Sectaries heretickes And S. Augustin Dissention and diuision saith hee makes you heretickes and peace and vnitìe makes Catholiques And that in the fowrth Coūcell of Carthage this article was inserted into the triall of the promotion of Bishops whither they beleeue that out of the Catholicke Church none cā be saued And that in the Epistle of the Councell of Cyrtha it was repeated by S. Augustin who was Secretarie thereto in theses wordes Whosoeuer is separated from this Catholicke Church how praise-worthie soeuer he conceaue his life to bee by this onlie crime that he is separated from the vnitie of Christ he shall not haue life but the wrath of God shall remaine vpon him And after by Fulgentius in these wordes Beleeue firmelie and doubt it not at all that no hereticke or Schismaticke baptized in the name of the Father of the sonne and of the only Ghost if he be not reconciled to the Catholicke Church what almes soeuer he may giue yea though he should shedde his blood for the name of Christ can in any sort be saued That I say was against or principallie against the Donatists And neuerthelesse the Donatists agreed in all the doctrine of the Creede and of the Scripture with the Catholicks Your are with vs saith S. Augustine in Baptisme in the Creede and in all the other Sacraments of our Lord but in the spirit of vnitie and in the bond of peace and finallie in the Catholicke Church you are not with vs And yet they differed only in one pointe of vnwritten tradition which as S. Augustin himself who principallie triumphes ouer this heresie confessed could not be demonstrated by Scripture This saith hee in the Booke of the vnitie of the Church neither thou nor I doe euidentlie reade And in the first Booke against Cresconius though for this there be noe example in the scriptures yet euen in this wee follow the truth of the Scriptures when wee doe that which hath pleased the vniuersall Church which the authoritie of the same scriptures doth recommend And in the secōd Booke of Baptisme against the Donatists And ourselues saith hee durst affirme no such thing but that we are upheld by the vnanimous authoritie of the Church And in the fift The Apostles haue in this prescribed vs nothing but this custome which was opposite to Cyprian ought to be beleeued to haue taken it's originall from their tradition as manie other things which the vniuersall Church obserues and for this cause are with good right beleeued to haue bene commaunded by the Apostles although they haue not bene vvritten From whence it appeares that to obtaine the name of Catholicke it sufficeth not to hold or rather to suppose to hold the same beleefe that the Fathers held vnlesse they communicate with the same Catholicke Church wherewith the Fathers did communicate and which by succession of persons and as wee pretend of doctrine is deriued downe to vs and if she haue lost anie thing of her extent in our hemisphere she recouers as much and more daily in the other hemisphere that these prophecies may be fulfilled In thy seede shall all the nations of the earth be blessed In the last daies the mountaine of the howse of our Lord shall bee vpon the topp of mountaines and shall be exalted aboue all the highe hills and all nations shall come vp to her This Ghospell of the Kingdome must be preached ouer all the world and then the end shall come and such like in right whereof the Church as saith S. Augustin hath obtained the title and the marke of Catholicke The SECOND obseruation is vpon the restriction in Cases necessarie to saluation For besides pointes necessarie to saluation there are two other degrees of thinges the one sort profitable to saluation as it is according to the opinion of your owne ministers to sell all our goods and giue it to the poore to fast in affliction to appease the wrath of God to pray our Bretheren in the faith to praie to God for vs and the other sort lawfull and not repugnant to saluation as to fly from persecution to liue by the Altar since we serue at the Altar to putt awaie our wiues for adulterie and other the like for I alleadge these for examples and not for instances Now it is needefull to be cōformable to the integritie of the beleefe of the Fathers to beleeue all thinges that they haue beleeued according to that degree wherein they haue beleeued them to witt to beleeue for thinges necessarie to saluation those thinges that they haue esteemed to be necessarie for saluation and for thinges profitable to saluation those things that they haue esteemed to be profitable to saluation and for things lawfull and not repugnant to saluation those thinges that they haue holden to be lawfull and not repugnant to saluation and not vnder colour that the two last kindes are not things necessarie to saluation but only profitable or lawfull to condemne them and to separate ourselues for their occasion from the Church which then had thē in practise and still practiseth thē to this day The third obseruation is vpon the ambiguitie of the word necessarie to saluation which because of the diuers kindes of necessitie which haue place in matters of religion is capable of diuers sences for there is an absolute necessitie and a conditionall necessitie a necessitie of meanes and a necessitie of precept a necessitie of speciall beleefe and a necessitie of generall beleefe a necessitie of act and a necessitie of approbatio I call an absolute necessitie not simplie but by vertue of Gods institution that which receiues no excuse of impossibilitie nor anie exception of place time or persons as in regard of those that are of age capable of knowledge the beleefe in Christ mediator betweene God and man for neither the circumstance of being in a place where wee cannot be instructed in that article nor the preuention of time in dying before wee are informed thereof nor the condition of being an ignorant person vnlearned dull not apt to comprehend a sheepe and not a shepheard can warrant those from damnation that beleeue it not actually for as much as who beleeues not in the onlie Sonn of Gods is alreadie iudged And in regard of little Children baptisme only according to our doctrine may supplie the defect of Faith in Christ in their behalfe agreeing with that sentence of S. Augustin Doe not beleeue doe not saie doe not teache if thou wilt be a Catholick that little children which are 〈◊〉 by death from being
Schismatickes but alsoe heretickes Thou art said he to Gaudentius both a Schismaticke by sacriligious dissention and an hereticke by sacriligious doctrine But the principall difference that wee obserue is that all call those that haue begunne with dissention in faith and to whom Schisme hath but the place of an accessory heretickes and those that haue begunne with schisme and to whom heresie is come accessorily after the schisme as the feuer after the wound Schismatickes Of the agreement of the ancient Catholicke Church with the moderne CHAP. XVIII The continuance of the Kinges answere ANd heere most Illustrious Cardinall his Maiestie requires from you that you will represent to your selfe how great Difference there is betweene Saint AVGVSTINS tyme and this of ours how the sace and all the exterior forme of the Church to saie nothinge of the interior is changed THE REPLIE THis is the request that I would myselfe most humblie make to his Maiestie to witt to sett before his eyes the estate of the Catholicke Church in the tyme of Saint AVGVSTINE and of the fower first Councells A Church that belieued a the true and reall presence and the orall manducation of the Bodie of Christ in the Sacrament vnder the kindes and within the Sacramentall kindes as Zuinglius the principall Patriarch of the Sacramentaries acknowledgeth himselfe in these wordes From the tyme of Saint AVGVSTINE that is 1200. yeares agoe the opinion of corporall flesh had alreadie gotten the masterie A church that in this qualitie adored the Eucharist not onely with thought and inward deuotions but with outward gestures and adorations actually reallie and substantiallie the true and proper bodie of Christ. For I will not speake now of Transubstantiation for which I reserue a treatise apart A Church that belieued the bodie of Christ to be in the Sacramēt euen besides the vse and for this cause kept it after Consecration for domesticall communions to giue to sicke persons to carry vpon the Sea to send into farr prouinces A Church that belieued that the communion vnder both kindes was not necessary for the integritie of participation but that all the Body and all the blood was taken in either kinde and for this cause in domesticall communions in communions for Children in communions for sicke persons in communions by Sea in communions of penitentes at the hower of Death in communions sent into farr prouinces they distributed it vnder one kinde A Church that belieued that the Eucharist was a true full and intire Sacrifice it alone succeedinge all the Sacrifice of the lawe the newe Oblation of the newe Testament the externall worshipp of latria of the Christians and not onely an Eucharistiall Sacrifice but alsoe a Sacrifice propitiatory by application of that of the Crosse and in this qualitie offered it as well for the absent as for the present aswell for the communicantes as for the non-communicantes as well for the liuinge as for the dead A Church that for the oblation of this sacrifice vsed Altars both of wood and stone erected and Dedicated to God in memory of the martyrs and consecrated them by certaine formes of wordes and ceremonies and amōgst others by the in shriuinge theire relickes A church wherein the faithfull made voyages and pilgrimages to the bodies of the said Martirs to be associated to theire merites and helped by theire intercessions prayed the holy martyrs to pray to God for them celebrated theire Feastes reuerenced theire relickes made vse of them to exorcise euill spirites kissed them caused them to be touched with flowers carried them in clothes of silke and in vessells of gold prostrated themselues before theire shrines offered sacrifices to God vpon theire tombes touched the grates of the places where theire relickes were kept tooke and esteemed the dust from vnder theire relickaryes and went to pray to the martires not onely for spirituall health but for the health and temporall prosperity of theire families carried theire Children yea theire sicke cattell to be healed And when they had receiued some helpe from God by the intercession of the said martyrs hunge vp in the temples and vpon the Altars erected to theire memory for tribute and memoriall of the obtayninge of theire vowe images of golde and siluer of those partes of theire bodie that had bene healed And when the godly and learned Bishops of the ancient tyme reporte these thinges they celebrate and exalt them as soe many beames flashes and triumphes of the glory of Christ. A Church which held the apostolicall traditions not written but cōsigned viua voce and by the visible and ocular practise of the Apostles to theire successors to be equall to the Apostolicall writinges and held for apostolicall tradions all the selfe same thinges that we acknowledge and embrace in the qualitie of apostolicall traditions A Church that offered prayers both priuate and publicke for the Dead to the end to game ease and rest for them and to obtaine that God would vse them more mercifullie then theire sinnes deserued and held this custome for a thinge necessary for the refreshinge of theire soules and for a doctrine of apostolicall tradition and placed those that obserued it not in the Cataloge of heretickes A Church that held the fast of the 40. daies of Lent for a Custome not free and voluntary but necessary and of Apostolicall tradition and reckoned amongst heretickes those that obserued it not and duringe the tyme of Lent as in a generall mourninge of Christians forbadd the Celebration of weddinges and the solemnisations of marriages A Church that out of Pentecost held the fast of all the Fridaies in the yeares in memory of the Death of Christ except Christmasse day fell vpon one which she excepted namely as an apostolicall tradition For I speake not of wednesdaies supplyed in the west by satturdaies A Church that held the interdiction made to Bishops Priestes and Deacons to marry after theire promotion for a thinge necessary and of apostolicall tradition A Church that held marriage after the vowe of virginitie a sinne and that by apostolicall tradition and reputed religious men and religious weemen that married after the solēne vowe of single life not onely for adulterers but for incestuous persons A Church that held the l minglinge of water with wine in the Sacrifice of the Eucharist for a thinge necessary and of diuine and Apostolicall tradition A Church that held the exorcismes exsufflations and renunciations which are made in baptisme for sacred Ceremonies and of Apostolicall tradition A Church that besides baptisme and the Eucharist which were the two initiatinge-Sacramentes of Christian Religion held Confirmation made with the Chrisme and the signe of the Crosse and allowed onely to Bishops the power
although the Ecclesiasticall Canon forbidds to rule the Churches without the sentence of the Bishop of Rome And likewise Zozomenus a greeke author alsoe and of the same tyme with Socrates IVLIVS saied he reprehended them that they had secretly and priuily altered the faith of the Councell of Nicea and for that against the lawes of the Church they had not called him to the Synod for there was a Sacerdot all lawe which imported that all things which were done without the aduice of the Bishop of Rome should be inualid And why then when Eusebius of Nicomedia vsurper of the Bishopricke of Constantinople and firebrand of the Arrian faction and the other Arrians his complices sawe that the deposition of Saint ATHANASIVS that they had packed in the councell of Antioche was argued of nullitie because the Popes authoritie did not appeare therin Did they aduise themselues to repaire this defect to preuent the Pope and to pray him to calle the cause to his tribunall EVSEBIVS saith Socrates haueing done in the councell of Antioche what he listed sent an Embassador to JVLIVS Bishop of Rome requiring him to be iudge in the affaire of ATHANAS and to call the cause before him And this not after the voyage of S. ATHANAS to Rome as Socrates and Sozomene and the Protestants with them pretend but before as IVLIVS recited by S. ATHANASIVS saint ATHANASIVS himselfe and THEODORET doe writness ATHANASIVS said IVLIVS is not come to Rome of his owne motion but haueing bene called and hauing receiued 〈◊〉 from vs. And saint ATHANASIVS EVSEBIVS and his partie writt to Rome that is to 〈◊〉 to the Pope they writt alsoe to the Emperors CONSTANTINE and CONSTANT C. that is to saie to CONSTANTINE Emperor of the Gaules whose residence was at Treuers and to CONSTANT Emperor of Itali and Africa whose residence was at Millen but the Emperors reiected them and as for the Bishop of Rome he answered that we should keepe a Councell where we would And in an other place The Eusebians writt to IVLIVS and thinkinge to terrifie vs demaunded of him that he would call a Councell and that himselfe if he would should be the iudge thereof That is to say they demaunded either that the Pope would keepe a Councell out of Rome in which the cause might be iudged in the presence of his Legates or that he should iudge it himselfe at Rome if he pleased And a while after But when they heard the newes of our arriuvll at Rome they were troubled not expecting our comeing thither And THEODORET Assoone as ATHANASIVS receiued the citatior from IVLIVS he transported himselfe in diligence to Rome And why then when the same IVLIVS obiected to the Arrians the enterprise of the Councell of Antioch did he reproch them that against the custome of the Church they had deposed saint ATHANASIVS in the Councell of Antioch without attending first for a decision from Rome Are you ignorant said Pope IVLIVS in the second answere to the Arrians recited by saint ATHANASIVS that the custome is that we should be first written to and that from hence the iust decisions of things should proceede And therefore if there were anie suspicion conceiued against your Bishop there you must haue written to this Church A manifest argument that the request that the Arrians a while after the Councell of Antioch had made to the Pope to call the cause of ATHANASIVS before him and to call a Councell to iudge it or to iudge it himselfe if hee would was noe newe attribution of iurisdiction to the Pope as the aduersaries of the Church imagine but a truce of their rebellion to the Popes iurisdiction For how could the Pope haue reproached to the Arrians that the Councell of Antioch against the ancient custome of the Church had deposed saint Athanasius without stayinge for a decision from Rome if the Pope had not had right to iudge the cause of saint Athanasius but since the Councell of Antioch And how could the Arrians themselues haue inserted 15. yeares after these wordes in the false letter that they inforced Pope Liberius to write against saint Athanasius I haue following the traditions of the ancients sent on my behalfe Lucius Paule and Aehanus Priests of the Roman Church into Alexandria to Athanasius to cause him to come to Rome that we might ordaine himselfe beeing present vpon his person what the discipline of the Church exactes if this right had bene from the newe attribution of the Arrians and not from the ancient tradition of the Church and euen from that that IVLIVS newly came from speaking of For the things which wee haue receiued from the blessed Peeter I doe signifie them to you But let vs againe goe forward with our interrogatories And why then when the articles of the Eusebians against S. Athanasius were brought to Rome did the Pope vpon the accusation of one of the parties as the common iudge adiourne or giue them both a day and that following the Ecclesiasticall Canon Julius saith Theodoret following the Ecclesiasticall lawe commannded the Eusebians to present themselues at Rome and gaue assignation to the diuine Athanasius to appeare in iudgement And why then when those greate Prelates Athanasius Patriarke of Alexandria Paule Bishop of Constātinople MARCELLVS primate of 〈◊〉 in Galatia ASCLEPAS Bishop of Gaza in Palestina LVCIVS Bishop of Andrinopolis in Thrace who had bene accused of diuers crymes some Secular As Athanasius of the crymes of manslanghter and Rape and other Ecclesiasticall as the same Athanasius to haue caused a Chalice to be brokē And Asclepas to haue ouerthrowne an Altar and had bene deposed from their seates by diuers councells of Thrace and of Asia and had bene heard at Rome did the authors of the Ecclesiasticall histories say that the bishop of Rome restored them forasmuch as to him because of the dignitie of his sea the care of all thinges appartained IVLIVS Bishop of Rome said Socrates because of the priuiledge of his Church armed them with couragious letters and sent them backe into the East and restored to eache of them his place rebukeinge those that had 〈◊〉 deposed them And Sozomene the Bishop of Rome haueing examined their complaints and found that they agreed touchinge the decree of the Councell of 〈◊〉 receiued them into his communion as conformable and of the same beliefe And because that to him for the dignity of his Sea the care of all things belonged he restered to euery one of them his Church For as for the out ragious letters that those of the East that is to say as it shall appeare heereafter the Bishops of the Patriarckship of Antioch and their complices who were Arrians writt against IVLIVS in hate because he had broken their Councell and restored saint Athanasius I meane to confute them particularly in an other place It shall suffice nowe that I say two thinges one
it temporally executory they testified that it was by the Popes authority that it had iudged the cause of Flauianus The synod of Chalcedon said the lawe by the authoritie of the most blessed Bishop of the Citty eternall in glorie Rome examining exactly matters of Faith aud strengthning the foundation of Religion attributed to Flauianus the reward of his past life and the palme of a Glorious death Now how is this anie other thing but to saie that which Pope Gelasius writt forty yeares after in these wordes The sea Apostolicke delegated the Councell of Chalcedon to be made for the common faith and the Catholicke and Apostolicke truth And againe Flauianus hauing bene condemned by the Congregation of the Greeke Bishops the sea Apostolicke alone because he had not consented thereunto absolued him and contrary wise by his authoritie condemned Dioscorus Prelate of the second sea who had there bene approued and alone annulled the wicked synod in not consenting to it and alone by his authoritie ordained that the Councell of Chalcedon should be kept But things incident carry vs away lett vs againe returne to our careere And why then when the Councell of Chalcedon was open was the first cōplaint that was made against Dioscorus patriark of Alexandria that he had presumed to vndertake to keepe a generall Councell and to be President there without commission from the Pope Vpon which complaint also Dioscorus came downe from this Patriarkall seate wherein he was first sett and stood in the middest of the place as an accused party and not as iudge Wee haue in our handes said Paschasinus Bishop of Lylibea in Sicilia and Legat from the Pope speaking to the Councell the commaundments of the blessed and Apostolicke Prelate of the Cittie of Rome who is the head of all Churches whereby he vouchsaffed to ordaine prouisionallie that Dioscorus sit not in the councell and that if he attempt it that he should be cast out And Lucentius Bishop of 〈◊〉 also the Popes Legate Dioscorus said he must yeild an account of iudgement for as much as hauing noe right to doe the office of a iudge be attempted it and presumed to holde a Synod without the authoritie of the sea Apostolicke which neuer hath bene lawfull nor neuer was done And Euagrius in the narration of the history of the Councell The senat saith he hauing 〈◊〉 of the legates from Leo what charge there was against Dioscorus they 〈◊〉 that he must yeild an account of his owne iudgement because against might 〈◊〉 had vsurped the person of a Iudge without the Bishop of Romes permission After which answere ` Dioscorus by the senats iudgment stood in the 〈◊〉 of the place And why then when Theodoret Bishop of Cyre a cittie as hath bene said in the confines of Persia had bene restored by Pope Leo from the Deposition of the Councell of Ephesus from whence he had appealed to him did the Emperors Officers who assisted in the Councell of Chalcedon to cause order to be obserued proclayme Lett the Right Reuerend Bishop 〈◊〉 come in that he may haue part in the Synod because the most holy Archbishop 〈◊〉 bath 〈◊〉 him to his ` Bishopricke and that supplied vpon this restitution the most sacred and religious Emperor hath ordained that he shall assist in the holy 〈◊〉 For that the Emperor had made himselfe the Executor of the Popes authority in this Councell it appeares by the protestations he had made of it a little before in these wordes Wee conceiued that we ought first to addresse ourselues to thy Holynesse who hast the superintendance and principalitie of Faith And againe Our desire is that peace should be restored to the Churches by this Councell celebrated vnder thy authoritie And why then when the Priests and deacons of Alexandria presented their Petitions against Dioscorus in the Councell of Chalcedon did they couch them in these termes all the Councell seeing and approuing it and ordayning that they should be registred in the Actes To the most holy and most blessed Archbishop and Vniuersall Patriarcke Leo and to the most holy and 〈◊〉 Councell For as for the instance that the Bishop of Constantinople made afterward to participate in this title vnder the Pope and in second place after the Pope as Constantinople being a second Rome it shall be spoken of hereafter And why then when Paschasinus the Popes Legate gaue his voice vpon the deposition of Dioscorus did he saie That the Pope had pardoned all those who in the false Councell of Ephesus had by force consented to Dioscorus that is to 〈◊〉 to almost all the Metropolitans and Patriarkes of the Easterne Empire The 〈◊〉 Apostolicke saith he graunts them pardon for those things that they committed there against their wills for asmuch as they haue remained vnto this time adhering to the most holie Archbishop Leo and to the holy and vniuersall Councell And why then when the actes of the false Councell of Ephesus were in the Councell of Chalcedon annulled did Anatolius Bishop of Constātinople pronounce that of all that had bene done in the Councell of Ephesus nothing ought to remaine entire but the election of Maximus Bishop of Antioch for as much as that had bene cōfirmed by the Pope My voice said he is that none of the things ordained by the pretended Councell of Ephesus shall remaine firme concept that which was done for Maximus Bishop of great Antioch for as much as the most holy Archbishop of Rome Leo receiuing him into his communion hath iudged that he ought to rule the Church of Antioch From whence it is also that the same 〈◊〉 who had bene created Archbishop of Constantinople in the false Councell of Ephesus held not his Archbishopricke from the false Councell of Ephesus but from the confirmation of the sea 〈◊〉 as Pope Leo writing to the Emperor Marcian puts him in mynde in these Wordes It should haue sufficed him that by the consent of my fauour 〈◊〉 〈◊〉 〈◊〉 the Bishopricke of soe great a Cittie And why then when the Fathers of the Councell of Chalcedon framed that famous relation to Pope Leo which is not only inserted in all the 〈◊〉 and latine Actes of the Westerne and Easterne libraries but also is cited by the Greeke Schismatickes and amongst others by Nilus Arch bishop of Tessalonica in his Booke against the Pope did they write to him that he had ruled in the Councell as the head to the members and that the Emperors had presided there to cause order to be obserued that is to auoide such murthers and tumultes as happened in the false Councell of Ephesus And put a like difference betwene the Popes Presidencie and the Emperors as betweene the Presidencie of Iesus the high priest of the Sinagogue and that of Zorobabel prince of the Iewish people in the building of the Temple You presided the Councell writt to the Pope in ' this assemblie as the head
as when the Councell of Nicea pronounced anathema against the Arrians in these wordes they that saie there was a time wherein the sonn was not the Catholick Church anathematizeth them that is to saie decideth that their Communiō ought to be renounced and abhorred and held sor anathema The anathema's executory applicatory and abiuratory are those by which euery particular person doth protest and declare that hee will practise the sentence of the Church decreed against those persons or doctrines which haue bene by her iudiciarily anathematized and to abiute and hold them for anathema And for this cause iudiciary anathema's cannot be pronounced but by persons grounded vpon iurisdictiō but executory and abiuratory Anathema's may be made not only by persons destitute of iurisdiction but by meere laie men As in the Councell of Ephesus when Cordanepius a lay man returned from the Sect of the 〈◊〉 to the Church he anathematized all those that followed the Sect of the 〈◊〉 I anathematize saith hee all heresie and namely that of the quartodecumans And to this day when anie one returnes from 〈◊〉 heresie into the Catholicke Church he is caused to anathematize that heresy from whence he departs But these anathema's are but simple abiuratory anathema's that is to saie they are but bare executions and applications of iudiciary anathema's and the word to Anathematize in such a case signifies noe other thing but to abiure abhorr and hold them for anathematized Now it was in this second sorte that saint HILLARIE anathematized Liberius for hauing signed and subscribed the communion of the 〈◊〉 to wit not with a iudiciary but with an abiuratory anathema For the iudiciarie anathema had bene already pronounced by the councells of Nicea and of Sardica against the Arrians into whose coummunion Liberius was entered soe as there was noe more question to decree the sentence of anathema against him but to execute it in abiuring and abhorring him as fallen into the sentence of anathema pronounced against the Arrians in the Councells of Nicea and Sardica and therefore saint HILLARY adds to his anathema this word for my parte and saith for my parte anathema to thee ô Liberius to shewe that he spake not with a iudiciary anathema but with an anathema abiuratory and abnegatory whereby hee did not seperate Liberius from the communion of the Church who had alreadie seperated himselfe in departing from her to the 〈◊〉 but whereby he seperated himselfe from the communion of Liberius The third answere containes two branches the one is that this anathema was not pronounced by saint HILLARIVS in the tyme of vnitie and agreement of Popes but in tyme of Schisme and duplicitie of Popes to witt when Liberius and Felix sate concurrently in the Pontificall chaire of Rome Now there is great differēce between pronouncing anathema against a doubtfull Pope and sitting in Schisme with another Pope and pronouncing anathema against one only certaine and peaceble Pope for in the first case to witt in case of Schisme betweene two Popes it is an ordinary thing that those that take parte with the one doe pronounce abiuration and anathema against the other as during the Schisme of John 23 th and of Gregorie the twelfth and of Bennet the 13 th for whose extinction the Councell of Constance was kept those that tooke parte with any one of these three Popes pronounced abiuration and anathema against the other two without pretending notwithstanding to departe from the reuerence and obedience due to the Sea Apostolicke And therefore during the Schisme of Liberius and Felix saint HILLARY might pronoūce anathema against Liberius and seperate himselfe from his communion and enter into the communion of the other Pope without seperating himselfe euer the more from the communion of the Sea Apostolicke The other is that this anathema was not pronounced by S. HILLARY in the tyme that the Roman Church acknowledged him for Pope but in the tyme that Liberius was fallen from the Papacie and that euen the Roman Church abiured renounced and disauowed him for Pope and had withdrawne herselfe from his communion and from his obedience and had ranged herselfe with Felix his competitor For the vnderstanding whereof we must distinguish the tyme of Pope Liberius Popedome into thee partes the first before his falle the second during his fall the third after his fall Now during the first parte to witt before his falle he was so firme a defender of the Faith of the Councell of Nicea and of saint ATHANASIVS innocencie and soe great an enemy to the heresie and communion of the Arrians as the Emperor Constantius for that cause made him be tiranòusly carried away and transported by way of banishment into the cittie of Beroe in the borders of Thrace and at the instance of the Arrians caused Felix the deacon of Rome to be ordained in his steede During the second parte which began at his banishmēt he ouercome with the length of two yeares exile and other corporall vexations and persecutions he suffered himselfe to be drawne to signe the condemnation of S. Athanasius and to admitt the cōmunion of the Arrians and entered into Rome with a promise to continue in that resolutiō then the Roman Church ceased to acknowledge him for Pope For Popes that falle visiblie and by their owne coufession or not contested signature into an heresie notorious cōdemned by a precedent sentence of the Church or into cōmunion with an hereticall societie as was that of the Arrians falle from the Papacie from that tyme cease from their right of being Popes And Felix on the other side who was entred by the packe of the Arrians into his place made himselfe so firme a protector of the Catholicke Faith and Communion and so constant an aduersary of the Arrians as the Roman Church if wee beleiue the ancient inscriptions and the ancient martirologes where Felix is intitled Pope and Martyr and the ancient Catalogues of the Popes where he is put into the ranke of the Popes by the name of Felix the second making valid by a new election or an acceptation equiualent to a new election the ordination of Felix receaued him for Pope in Liberius steede I haue said if we beleiue the ancient inscriptions and martyrologes and the ancient Catalogues of the Popes For many moderne authors and Onuphrius amongst the rest hold that Felix was neuer true Pope and that Liberius neuer fell from the Papacie nor euer receiued the Arrians into his communion And they beleiue that all that saint ATHANASIVS saint HILARY and other ancient writers haue written was grounded vpon a false rumor that the Arrians had spread And they alleadge for this purpose Ruffinus that saith he could neuer discouer the truth of it I cannot discouer saith Ruffinus certainly whether the Emperor Constantius sent backe Liberius to Rome because he had yeilded to his will or because he was pressed to it by the Romans And Sozomene who reportes
successor to Alexander Patriark of Alexandria in whose fauour and vpon whose particular the article had bene sett downe And how could Pope Julius haue reproched the Arrians that they had altered the decrees of the CouÌ„cell of Nicea if himself in restoring S. ATHANASIVS Patriark of Alexandria Paul Bishop of Constantinople Marcellus Primat of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina Lucius Bishop of Andrinopolis in Thrace in disannulling the Councells of Tyre Antioch Constantinople which had bene holden against them had violated the canoÌ„ of the councell of Nicea And why did not the Arrians replie to him that it was himself that infringed the decrees of the Councell of Nicea if the intention of the Councell of Nicea had bene to restraine the Popes authoritie to the only limits of a particular Patriarkship as well as that of the other Patriarks And how had the Councell of Sardica wherein the Councell of Nicea was againe put to the triall which was holden twenty two yeares after the Councell of Nicea to defend the authoritie of the Councell of Nicea by many of the same Fathers that had assisted at the CouÌ„cell of Nicea reduced into a written lawe that Bishops deposed by the Councells of their prouinces might appeale from theÌ„ to the Pope declared that it was a very good fitt thing that froÌ„ all the prouinces the Bishops should referr the affaires to their head that is to saie to the Sea Apostlick of S. PETER if the intentioÌ„ of the CouÌ„cell of Nicea had bene to restraine the Popes authoritie into the onely limits of a particular Patriarkship as well as that of the other Patriarkes And how had the generall Councell of Ephesus reserued the cause of John Patriark of Antioch to the iudgmeÌ„t of the Pope And how had Flauianus Bishop of Constantinople after he had beeÌ„ deposed by Dioscorus Patriark of Alexandria by the second Councell of Ephesus appealed from them to the Pope and that saith the Emperor Valentinian the third according to the custome of the Councells And how finally had Theodoret one of the Bishops of the Patriarkship of Antioch hauing bene deposed in the same second Councell of Ephesus and hauing thence appealed to the Pope bene receiued into the Councell of Chalcedon because the Pope had restored him to his Bishopricke if the intention of the Councell of Nicea had bene not to propose the authoritie of the Pope in regard of the vniuersall Church for type and patterne of the authoritie of the other Patriarkes in regard of their Patriarkships but to restraine the Popes authority into the onely limits of a particular Patriarkship as well as that of the other Patriarkes It appeares in the fifth place by the title of vniuersall Patriarke and vniuersall Pope that the Churchmen of the other Patriarkships and particularly those of Alexandria who had more interest in the obseruation of the sixt Canon of the Councell of Nicea then anie other as hauing bene made in fauour of their Church yeilded to the Pope For when the Priests and deacons of the Patriarchall Church of Alexandria presented their requests to the Councell of Chalcedon from which the person of the Pope was as farre distant as it is betweene Rome and Asia they couched them in these termes To the most holie and most blessed vniuersall Patriark of great Rome 〈◊〉 and to the holie and vniuersall Councell And this they did all the Councell seeing and approuing it and ordayning that they should be inserted into the Acts and consequently not holding them for strange new and vnwonted things And when the Religious men of Antioch presented in Constantinople their requests to Pope Agapet they couched them and made them to be inserted into the Actes of the Councell of Constantinople holden against Anthymus and celebrated vnder the Emperor Iustinian in these wordes To our most holie and blessed Lord Agapet Archbishop of the ancient Rome and vniuersall Pairiark And when the great scourge of the Nouatians Eulogius Patriark of Alexandria and heire of the Rights conferred vpon the patriarkship of Alexandria by the Councell of Nicea sett hand to penn he did not onely saie disputing against the Nouaâ—ians that PETER onely had receiued the keys that is to saie originally but also writing to the Pope S. GREGORIE he called him vniuersall Pope Now how is this anie other thing then to protest that what the other Patriarkes were euerie one in the behalfe of his owne Patriarkship the Pope was the same in the behalfe of the world For as for the part that the Bishop of Constantinople challenged in this title afterward it shall be heereafter shewed that it was by vertue of the right of the Bishop of Rome that he pretended it to be communicated to him by the erection of Constantinople into the title of the second Rome And as for the refusall that the Pope S. GREGORIE made of the vse thereof it shall be answered in the same chapter It appeares in the sixth place by the proceeding of Theodosius the second Emperor of the East who resoluing at the instance of Atticus Bishop of Constantinople to make the cittie of Constantinople enioy the title of Patriarkship which he pretended had bene attributed to him in the Councell of Constantinople published a law which hath alwaies as shall heereafter appeare remained without effect by which he alleadged that Constantinople had the priuiledges of the ancient Rome and ordained that she should exercise them not only in all the prouinces of Pontus Asia minor and Thracia but also in all the prouinces of Illiria The one of the heades of this lawe we learne from Socrates who said the Bishop of Cyzica being dead Sisinnius Archbishop of Constantinople ordained Proclus Bishop of Cyzica but the Cyzicenians that is to saie the Bishop of the diuision of Cyzica seeing he went about it preuented him and ordained a religious mancalled Dalmatius and this they executed despising the law which forbad to ordaine Bishops without the sentence of the Bishop of Constantinople alleadging it had bene made onely for the person of 〈◊〉 And the other we learne from the lawe omni 〈◊〉 〈◊〉 which is a fragment of that where of Socrates makes mention which forbids that euen in all the prouinces of the Easterne Illyria any thing should 〈◊〉 but with the knowledg of the Bishop of Constantinople 〈◊〉 saith the lawe that all innouation ceasing so speakes the Emperor because 〈◊〉 abusing the simplicitie of his youth had ginen him to vnderstand falsely that the refusall that the Bishops of Illeria made to acknowledg him for Patriarke had begun but since the schisme of Arsacius his 〈◊〉 the antiquitie and the precedent Ecclesiasticall Canons which haue bene obserued hitherto he meanes the Canons of the Councell of Constantinople holden vnder Nectarius which had attributed to the Sea of Constantinople euen in spirituall causes the title of the second Rome and
it had bene admittted in some prouinces of Pontus Asia Minor and Thracia shall also haue place through all the prouinces of Illiria that is to saie of the Easterne Illiria to witt thae if there doe anie controuersie arise it may not be reserred to the holy iudgment and sacerdotall councell without the knowledg of the most holy and right Reuerend the Bishop of the cittie of Constantinople which hath the priuiledges of the ancient Rome And Photius Patriarke of Constantinople reporting the same lawe The sixth constitution said hee of the second title of the first booke of the code ordaineth that all the Canonicall questions that shall arise in all Illiria may not be decided without the sentence of the Bishop of Constantinople and of his Synod which hath the priuiledges of the ancient Rome Now what was this priuiledge of the ancient Rome to whose imitation nothing could be decided not onely in all the prouinces of Thracia Pontus and 〈◊〉 〈◊〉 but also in all the prouinces of the Easterne Illiria without the knowledge or according to the text of Socrates and of Photius without the sentence of the Bishop of Constantidople and of his Synod but that which we now come from speaking of with the same 〈◊〉 that the Ecclesiasticall lawe gaue the Pope through the whole earth to witt that without the sentence of the Bishop of Rome there might be made no new definition in what part of the world soeuer and which the law of Valentinian inserted into the new constitutions of the same Theodosius renewes in these wordes We decree that according to the ancient custome nothing shall be innouated in the Churches without the sentence of the Bishop of Rome And therefore what other thing was it to graunt to the Bishop of Constantinople in Ecclesiasticall matters the priuiledges of the cittie of Rome but to make the Bishop of Constantinople particularly in his diuision what the Bishop of Rome was ouer all the Earth It appeaaes in the seauenth place by the possession wherein the Pope continued notwithstanding the erection of the Patriarkship of 〈◊〉 to iudge of the iudgements and of the persons of the Patriarkes of Constantinople and to receiue the appeales in maior causes from their diuisions For not onely the Popes as well after the Councell of Constantinople wherein the erectiō of the Patriarkship of Constātinople was attempted as after that of Chalcedon where it was againe sett vpon remained in perpetuall possession to iudge of the iudgements of the persons of the Patriarkes of Constantinople and to receiue the appeales of the maior causes from their diuisions but also the Patriarkes of Constantinople remained in perpetuall profession of obedience and of subiection to the Pope The one of these pointes shall be seene heereafter both by the appeale that SCHRYSOSTOME Archbishop of Constantinople cast in from the Councell of Constantinople to Pope Innocent the first and by the appeale that Eutiches Abbot of Constantinople cast in from Flauianus Patriark of Constantinople to Pope Leo the first by the appeale that the same Flauianus Patriark of Constantinople cast in from the second Councell of Ephesus to the same Pope Leo the first that saith the Emperor Valentiniā the 3 rd according to the custome of Councells by the condemnatiō that Pope Felix the third made of Acacius Patriark of Constantinople in vertue whereof he was raced yea after his death out of the records of the Church of Constantinople and by the deposition that Pope Agapet made of Anthymus Patriarke of Constātinople by the iudgemēt that the Pope S. GREGORIE the Great gaue in the causes of Iohn priest of Chalcedon and Athanasius a Regular of Lycaonia appealing to him from the tribunall of the Patriarke of Constantinople And the other shall appeare in the same chapter by the protestations that Iohn the second Anthimus Menas Iohn the fowrth Patriarkes of Constantinople euery one in his tyme made to acknowledge thēselues submitted subiect to the Pope to the Roman Church Now how was this anie other thing but a perpetuall testimonie that the Patriark all dignitie exempted not those that were thereof prouided from the iurisdiction superioritie of the Pope then that the intention of the Councell of Nicea had neuer bene to restraine the Popes authoritie within the simple limitts of a particular patriarkship as well as that of other Patriarkes but to propose the Popes authority in regard of the vniuersall Church for a type and patterne of the authoritie of the other Patriarkes in regard of their patriarkships It appeares in the eight place by the proceeding of the Emperor Iustinian the first who desiring to erect the first Iustinianea of Bulgaria the cittie of his Birth into the forme of a supernumerary patriarkship ouer the six Archbishoprickes of the six prouinces neere to that towne ordained that in those six prouinces she should hold the place of the Sea Apostolicke of Rome following the definitions of Pope Vigilius Wee decree saith the Emperor that the blessed Bishop of the first Iustinianea shall haue vnder his proper iurisdiction the Bishops of the Mediterranean Dacia of Dacia Rypensis of Triballea of Dardania of vpper Misia and of Pannonia and that they shall be ordained by him and by his proper Synod and that in the prouinces subiest to him he shall hold the place of the Sea Apostolicke of Rome following the things defined by the holie Pope Vigilius For that the intention of the Emperor Iustinian was to erect by this lawe the Bishoprick of the first Iustinianea of Bulgaria into the forme of a Patriarkship of honor although this honor remained to him but in shadowe and smoake wee learne from two cases The one that in the Councell of Constantinople surnamed Trullian holden vnder Iustinian the second before Bulgaria was possest by the Infidells Iohn Bishop of Iustinianopolis signed in the ranke of the Patriarkes in this order Paul of Constantinople Peter of Alexandria Anastasius of Ierusalem George of Antioch and Iohn of Iustinianopolis And the other that euer after the returne of Bulgaria to be Christian the latter Greekes did in some sorte continue this title to him as Curopalates a Greeke Author acknowledgeth when he coupleth the Archbishop of Bulgaria with the Patriarkes in these termes The designatiō of the other Patriarkes is made without anie diuersitie as well of him of Alexandria of him of Antioch of him of Ierusalem as also of the Archbishop of the first Iustinia nea called Achrida and of all Bulgaria And as Barlaam a Greeke Author natiue of Peloponosus confirmes it in his disputations against the Greeke schismaticks when hee writes that in the part separate from the Pope there were fiue Patriarkes on the other part saith he the are fiue Patriarkes reckoning him of Bulgaria And that this priuiledge to hold the place of the Sea Apostolick in the six prouinces neere the first
more then the twenty ninth and thirtith and that it is manifest to haue bene transferred from the history of the acts into the rolle of the Canons which possible is the subiect that hath giuen saint GREGORIE occasion to complaine that the Councell of Chalcedon had bene altered by the Greekes Afterward when Rome was fallen into the seruitude of the northerne nations a people barbarous and hereticall the Patriarkes of Constantinople makeing vse of the oportunitie or rather importunitie of the tyme againe sett forward the instance of this Canon and obtained from the Emperor Zeno who raigned in the East a lawe whereby he confirmed the precedency to the Bishop of Constantinople before the other Patriarkes that is to saie before the other Patriarkes of the East And one from the Emperor Justinian after the recouery of Rome by which he ordained that the Bishop of Constantinople should hold the second place in the Church Wee ordaine said the Emperor Iustinian that the blessed Archbishop of Constantinople new Rome shall haue the second place after the holie Sea Apostolicke of the ancient Rome and shall be preferred before all other Seas From whence it is that Liberatus time-fellowe with Iustinian speaking of the Councell of Chalcedon adds And although the Sea Apostolicke to this daie contradicts this decree neuerthelesse the decree of the Synod doth in some sort remaine by the Emperors protection Now Anatolius had procured that the Clerkes of the Councell of Chalcedon in renewing the Canon of the Councell of Constantinople should insert a word therein For whereas the Councell of Constantinople had simplie ordained that the Bishop of Constantinople should haue the prerogatiues of honor after the Pope those that renewed is added thereto Equall and couched the reuocation of the Canon in these words that the Chaire of Constantinople should haue the prerogatiues equall to that of the ancient Rome and shall haue the same aduantages in Ecclesiasticall causes as she hath being the second after her that is to saie ordained that the same prerogatiues as the Pope had absolutely ouer all Patriarkes the Bishop of Constantinople should haue them after the Pope ouer the other Patriarkes The Bishops of Constantinople then seeing that this Canon not onely granted them to hold the second place after the Bishop of Rome but also to enioy the same priuiledges with him as Constantinople being a diuision of Rome and a second Rome went so farr as to desire to participate in the same titles of honor which had bene yeilded to the Bishop of Rome to possesse them in a second place and in forme of adiunctes and colleagues with him and finding that in the Councell of Chalcedon the title 〈◊〉 or vniuersall had bene offerd to the Bishop of Rome they insisted as second Popes and Bishops of the second Rome to participate therein not in intention to exercise it in regard of the Pope but vnder the Pope and in regard of the other Patriarkes and were openly fauor'd therein by the Emperors For not onely the Councell of Constantinople holden vnder the Emperor Justin predecessor to Iustinian yeilded the title of vniuersall Patriarke to Iohn the third Patriarke of Constantinople but also the Emperor Justinian in the lawe to Epiphanius Patriarke of Constantinople exhibited to him the title of vniuersall Patriarke and after vnder the same Justinian the Councell of Constantinople holden against 〈◊〉 attributed the name of vniuerfall to Menas still after vnder Mauritius Iohn Bishop of Constantinople surnamed the Faster held a kinde of Councell at Constantinople where he began to intitle and inscribe himself Vniuersall Bishop and then the Popes displaied their censures against this title for although the Synods of the East had before this time yeilded the title of vniuersall Bishop to the Bishop of Constantinople neuerthelesse the Bishop of Constantinople had neuer yet presumed to inscribe and subscribe himself Vniuersall Patriarke vntill the Councell of Constantinople holden vnder Mauricius the Emperor And therefore the Pope Pelagius the second predecesson to saint GREGORIE abrogated and annulled all the decrees of that Councell except what had bene decided concerning the cause of Gregorie 〈◊〉 of Antioch It hath bene reported to the holy Sea Apostolicke faith Pope Pelagius the second that John Bishop of Constantinople intitles himself Vniuersall and that vpon this presumption of his he hath called you to a generall Councell notwithstanding that the authoritie of calling generall Synods hath bene consigned by a singular priuiledge to the Sea Apostolicke of the blessed Peter And a little after And therefore all that you haue decreed in that noe Synod of yours for Synod so attempted it could not be but a conuenticle I ordaine by the authoritie of the blessed PETER that it be annulled and abrogated And saint GREGORIE successor of the same Pelagius Our predecessor Pelagius of blessed memorie hath disannulled by a sentence intirely valid all the acts of that Synod except what concerned the cause of Gregorie Bishop of Antioch of reuerend memorie When Pope Pelagius was dead and saint GREGORIE his successor establisht in the Popedome the same John Bishop of Constantinople assisted by the fauour of the Emperor Mauricius still continued his challenge and perseuered to attribute to himselfe the qualitie of vniuersall Bishop not to exercise it in the Popes behalfe but to exercise it in the Popes absence and as colleague and adiunct to the Pope in the vniuersalitie ouer the Empire of the East and toward the other Patriarkes For it shall be shewed heereafter that he alwaies acknowledged the Pope for head and stock of the vniuersalitie and for absolutely vniuersall ouer all the Church and did protest himself to be his subiect and inferior and did not pretend to enioy the title of vniuersall but vnder the Pope and by association subalterne and subordinate to the Popes authoritie which was soone after interdicted him by the Emperor Phocas immediate Successor to Mauricius who declared that the title of vniuersall Bishop appertained but to the Bishop of Rome onely and could not be communicated to him of Constantinople And so much of the truth of the history Now let vs come to the obiections which are drawne from it To the first then of these obiections which is that in the Councell of Chalcedon Anatolius packed to be declared equall to the Pope after the Pope wee bring three Answeres The first answere is that he pretended not to be declared equall to the Pope in regard of the Pope but vnder the Pope and in regard of the other Patriarkes that is to saie that he did not pretend to haue like aduantage ouer the Pope as the Pope had ouer him but to haue the same priuiledges ouer the other patriarkes as the Pope had ouer him and them and by this meanes to be equall to the Pope not in regard of the Pope but in regard of the other patriarks And this is testified by the vniuersall historie of
the name where of the fraude was founded that that of the Catholicks was holden at Nicea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that of the hereticks at Nice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and reporting the two impostures of the Arrians vse in the first which was to hold a mocke-Councell at Nice in Thrace the word affinitie of name and saie that the Arrians aduised themselues of this fraude to surprise the simple by the affinitie of the names And in the second which was to hold a mocke Councell at Nicea in Bithinia they vse the word identity of names and say that they committed this fraude to surprise the simple by the identity of names By which meanes that in the writings of saint HILLARY the Towne of Nice in Thrace where the Conuenticle of the Arrians was held is called Nicea It is a vice of the Copists which haue imposed it vpon some learned men But in Summe what soeuer the cittie of Nice in Thrace be it is Certaine that that of Nicea in Bithinia where the Catholicke Councell was holden was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nicea and not Nice Which I would not reproche to Caluin were it not that all the Authors of the Ecclesiasticall historie agreeing in this note he is as inexcusable for hauing bene ignorant of it as many Catholickes which are deceiued after him are excusable for hauing followed him bonafide But heere is to much of this digression let vs come to the point He alleadges then that in the Councell of Nicea S. ATHANASIVS presided and that the Popes Legates had onely the fourth place I praie you saith Caluin if they had acknowledged Iulius for head of the Church would those that represented his person haue bene cast backe to the fourth place Had Athanasius presided in the generall Councell where the order of the Hierarchie ought to be siugularly obserued Now what should I answere to this but what the oracle said of Chalcedon to witt that heresie is the land of the blinde For all the Authors of Ecclesiasticall antiquitie S. EPIPHANIVS Ruffinus Socrates Theodoret Sózomene and S. ATHANASIVS himselfe and the Councell of Alexandria reported by him to whom wee may ouer and aboue add S. HILLARY testifie that S. ATHANASIVS was yet Deacon in the time of the Councell of Nicea and was not made Bishop of Alexandria till fiue moneths after the Councell of Nicea and that Alexander Bishop of Alexandria his Predecessor assisted at the Councell of Nicea and did not preside there so farr was S. ATHANASIVS that was then but his Deacon from presiding but onely held the second place there and was preceded by the Popes Legates It is true Caluin may easily be pardoned this error since he is soe ignorant in the Ecclesiasticall historie as to haue belieued that Sabellius who was aboue threescore yeares before Arrius and the Councell of Nicea was since both the one and the other But let vs leaue the error there and passe forward to the consequence Caluins argument then against the Legates of the Pope is that Sozomen writes At this Councell assisted from the Sea Apostolicke Macarius Bishop of Ierusalem Eustachius Bishop of Antioch Alexander Bishop of Alexandria and as for Julius Bishop of Rome hee assisted not at it because of his age but in his steede there assisted Vito and Vincentius Priests of the same Church And from thence Caluin infers that the Legats of Julius were onely then in the fourth place and consequently that Iulius did not preside there Now could I note in passing by that the Councell of Nicea was not holden vnder Julius as Caluin thought but vnder Sybuester the predecessor of Julius and that it is a deprauation of Sozomens copies that hath deceiued Caluin and before him Cassiodorus Beda and many others For first Eusebius saint IEROM Socrates Theodoret Gelasius of Cyzica and the ancient latine subscriptions and after all those Hincmarus Archbishop of Rheims testifie the Councell of Nicea was holdē in the time of Syluester and not of Iulius And secondly Sozomene notes that vnder the third consulship of Crispus and Constantine Caesars which is he by whom he hath begun his historie Syluester was Bishop of Rome Now the third consulship of Crispus and Constantine ended but fower moneths before the ouerture of the Councell of Nicea which begun in the moneth of May vnder the cōsulship of Paulinus Julianus by which meanes Julius could not haue sent his Legats seeing betweene Syluester and Julius Sozomene reports that there was a Papacy interposed which was that of Marcus which according to S. IEROM lasted eight moneths And thirdly the cause wherefore Sozomene obserues that the Bishop of Rome assisted not at the Councell which was his extreame age or as Theodoret saith his profound age could not agree with the person of Iulius who liued till thirtie yeares after the Councell And fourthly Sozomene assignes but twentie fiue yeares to Iulius Papacie in which place we must reade but fifteen with Socrates and consequently he could not presuppose that Iulius had bene Pope in the tyme of the Councell of Nicea seeing aswell hee as Socrates affirme that Iulius dyed after the death of Magnentius Gallus and Siluanus that is to saie thirtie yeares after the Councell for Magnentius was slaine according to Socrates vnder the sixth consulship of Constantine and the second of Gallus which was the twentie eigth yeare after the Councell and Gallus vnder the seauenth of Constantine and the third of his ownē which was the twentie ninth yeare after the Councell and Siluáńus according to Amianus Marcellinus after Gallus I add that Iulius would neuer haue reproched to those of the East that they did not request him to assist at the Councell of Antioch which was holden sixteen yeares after the Councell of Nicea if he had bene so old at the tyme of the Councell of Nicea as he could not be there I add that Sozomene had had much more cause to impute it to Iulius his age that he was not at the Councell of Sardica which was holden twentie two yeare after that of Nicea then that he was not at that of Nicea And finally I add that Sozomene himselfe decides the point of the question and teacheth vs that it is a vice in the writing which is slipt into the text of the historie For after he had finisht in the closing vp of the first booke the whole narration of the Councell of Nicea with these words Heere 〈◊〉 this place ends all that concernes the Councell of Nicea And after he had employed all the ninteen first chapters of his second booke to sett downe what past betweene the Councell of Nicea and that of Antioch against Eustathius when he had finished the recitall of the Councell of Antioch against
to cause the 〈◊〉 of the westerne Church to be carried to the generall Councells celebrated in the East sent a legation compounded of two kinde of Legats the one internall and taken from the bodie of the particular Roman Church whom wee with the Councell of Sardica call Legats taken out of the Popes owne side and the other externall and taken out of the order of the Bishops And this legation was sometymes made by two distinct commissions as in the sixth generall Councell the Legats from the popes particular person and those from the Councell of Rome were deputed feuerally And sometymes by a ioynt deputation as in the Councell of Ephesus and Chalcedon Now were those Legats that we call internall that is to saie taken out of the particular Clergie of the Roman Church the principall Legats not in honor except when the Popes legations and those of the Councell of Rome were distinct but as for the instructions and in the report of the Popes intentions And therefore also when there was question of the particular voice of the Pope they were often named alone as in the historie of Sozomene and in the list of the signatures of the Councell of Sardica because they were onely Legats deputed both from the person of the Pope and from the bodie of his Church And of those examples we haue one remarkable in the commission that the Councell of Ephesus gaue to the Bishops that it sent to Constantinople for by this commission the Councell of Ephesus intituled Phillip Priest of the Roman Church Legate from the Pope in these words To Phillip Priest holding the place of the Bishop of Rome Celestine to Arcadius to 〈◊〉 c. And intituled not Arcadius Legat to the Pope though he were both Bishop and Legat to the Pope altogether because Phillip was Legat à latire from the Pope that is to saie a Legate taken out of the very bodie of the particular Roman Church and Arcadius was Legat from the Patriarchall Roman Church that is to saie Legat from the Pope and Councell of Rome by meanes whereof when Sozomene and Theodoret say there were two Legats from the Pope at the Councell of Nicea to witt Uito and Uincentius and that S. ATHANASIVS and Socrates put Osius Uito and Vincentius into one place they contradict not one an other for as much as the one speakes onely of the internall Legats that we call Legats a latere of which Osius was none and the other speakes of the Legats aswell internall as externall whereof Osius was one And in this the ancient Greeke and Latine Canonists agree with vs For not onely Hincmarus Archbishop of Rhemes who flourished in the time of Charles the Balde and was not suspected to fauour the Pope much writes At the Councell of Nicea in the place of Syluester Osius Bishop of Cordua and Vito and Vincentius Priests of the cittie of Rome presided But alsoe Dalmatius Bishop of Cyzica in Asia one of the Fathers of the Councell of Ephesus who liued neere a thousand two hundred yeares agoe and after him Gelasius Priest of Cyzica who liued vnder the Emperor Zeno a thousand one hundred and fortie yeares agoe that is to saie in the next age to the Councell of Nicea and from whose pen is come to vs the famous Canon of the Eucharist so much cited by Caluin and by all the Sacramentaries written in the extract of the same Councell of Nicea that Osius was the Popes Legat in the Councell of Nicea and that Vito and Vincentius were his Colleagues At this Councell saith 〈◊〉 of Cyzica speaking after Dalmatius of Cyzica of the Councell of Nicea assisted Osius Bishop of Cordua who held the place of the Bishop of great Rome Syluester with the Priests Uito and Vincentius And not onely Gelasius of Cyzica vseth these words but Photius Patriarke of Constantinople the greatestenemie to the Roman Church that euer was amongst the Greekes alleadgeth them neere eight hundred yeares agoe in these words I haue said he read a booke in forme of a historie intituled The Acts of the Councell of Nicea containing three tomes and bearing added he a little after the title of Gelasius of Cyzica in this booke saith he the Author writes that Osius Bishop of Cordua and Vito and Vincentius Roman Priests assisted at the Councell from the part of Syluester Bishop of Rome And not onely Photius alleadgeth them but himselfe in his treatie of the Synods dedicated to Michell King of the Bulgarians and reported by Euthymius writes with Vito and Uincentius was ioyned Osius Bishop of Cordua And indeede for what other cause should Osius simplie a Bishop of the patriarkship of the Roman Church and subiect in the first instance to the Metropolitan of Seuilla in Spaine and by appeale to the Patriarke of the West haue preceded all the Patriarks of the East yea in the East it selfe he that in the Councell of Eluira that we call Elibertin composed of ninteene Bishops of Spaine had held but the secōd or according to others the eleauenth place And in the Councell of Arles compounded of two hundred Bishops had had noe ranke amongst the principall Bishops of the Councell but for the same cause for which Uito Uincentius simple Priests of the Roman Church preceded them to witt for the order of his legation for to precede them by vertue of the particular conditions of his person neither age nor antiquitie of promotion nor learning nor desert hath euer giuen ranke in generall Councells to anie simple Bishops before Archbishops much lesse before the Patriarks otherwise the distinction of the Seas had bene introduced in vaine and the personall condition of Osius were good to make his person reuerent but not to make him preside in a generall Councell where the order of the Hierarchy saith Caluin ought to be singularly obserued Iointly that euen in all these qualities there were manie in the Councell that surpassed him For if wee speake of persecutions for the Faith 〈◊〉 Bishop of one of the citties of Thebaida who had lost a knee vnder the persecution of Maximinus and an eye whose skarre the Emperor Constantine was wont to kisse was not he there Potamon Bishop of Heraclea in Egipt whom S. EPIPHANIVS calls great Bishop and great 〈◊〉 and who in the same persecution had had an eye put out was not he there Paul Bishop of Neocesarea vpon Euphrates whose handes had bene maimed with a hott iron in the persecution of Licinius was not he there And if we speake of the guiftes of prophetie and working of miracles Spiridion Bishop of Trimithunta in Cyprus that Ruffinus calls a man of the order of the Prophets was not he there James that great Bishop of Antioch in Mygdonia otherwise called Nisibis that Theodoret saith had raised againe the dead and whom hee intitles the prince of
the troupe of the Councell was not he there S. NICHOLAS Bishop of Myra in Lycia a man for manners and for miracles Apostolicall was not he there And if wee speake of credit and estimation with the Emperor euen he whose credit wee learne from Osius to witt Eusebius Bishop of Cesarea in Palestina whō the Emperor from his childhood had knowne in the East and whom he testified in his conceit to be worthie of the Bishopricke of the whole earth and to whom besides so manie other letters and markes of familiaritie he directed the first commission for the re-establishment of the Churches in the East and the charge of the transcription of the sacred bookes for the Churches of Constantinople was not he there Eusebius Bishop of Nicomedia who afterward baptized the Emperor and who was Metropolitan of the prouinces where the Councell was held and Bishop of the Seate of the Empire in the East and of the cittie where the Emperor resided a man say Socrates and Sozomene indued with great authoritie and very prudent and honored in the pallace of the Emperor for the ecclipse of his fauour with the Emperor happened not till after the Councell and lasted but a moment was not he there Alexander Bishop of the future Imperiall cittie of Byzantium conuerted by exchange of name into Constantinople was not he there Paphnutius of whom Socrates saith the Emperor honored him extraordinarily and kept him ordinarily in his Court was not he there Protogenes Bishop of Sardica to whom the Emperor had addressed his first lawe for the manumission in Churches and to Osius the second lawe was not he there And if wee speake of learninge the same Eusebius Bishop of Cesarea of whom the Emperor said that he more then admired his knowledge and his studies was not he there Alexander Patriarke of Alexandria whom Theodoret calls the admirable Bishop was not he there Eustachius Patriarke of Antioch who made the oration of the Councell and whom Sozomene intitles the miracle of eloquence was not he there And if wee speake of reuerence for age the same Alexander of Alexandria whom the histories of the Councell call the old man and whom the epistle of the Councell exalts for hauing at that age sustained so manie labours was not he there Alexander Bishop of Constantinople of threescore and three yeares of age whether he were then Bishop in cheife or as the Patriarkes of the Church of Constantinople will haue it Coadiutor and Legate of Metrophanes yet elder then himself was not he there And if we must speake of the antiquitie of promotion Zeno whom saint EPIPHANIVS calls antique Bishop of Phenicia euill qualified by the lists of the signatures of the Councell Bishop of Tyre was not he there Eusebius Bishop of Nicomedia before Bishop of Berith whom saint EPIPHANIVS calls the ancient old-man of Nicomedia was not he there And in briefe an infinite number of other Bishops that Eusebius for the antiquitie aswell of their age as of their promotion comprehends in the first clause of this passage some where honored because of their length of tyme others flourished in the rigor of their age and spirits others were newly entred into the course of their charges were not they there For that in the Councell of Sardica the age of Osius was accompted amongst those things that purchased him Reuerence that was more then twentie yeare after the Councell of Nicea And that saint ATHANASIVS calls him the Father of Bishops and saith he died a centenarie it was neere fortie yeare after the Councell of Nicea But if none of these what personall qualitie soeuer he had noe not Alexander Patriarke of Alexandria whom the Epistle of the Councell calls the master of the Councell that is to saie Master for sufficiencie did aduance himselfe a finger breadth beyond the degree of his dignity for what cause should Osius for his particular cōditiōs haue bene President of all the Assemblie For to saie Osius presided there as the Emperors deputie the Emperor was in person at the Councell and so could haue noe deputy and besides that he presided not there but was sett there beneath the Bishops and in a lower Seate and after he had attended and desired the leaue of the Bishops to shew that in matter of Religion he was of the number not of the Iudges but of those that were to be iudged And in the sirst Councell of Arles where the Emperor Constantine assisted also in person and Osius with him as it appeares by the reproches of the Donatists against the Iudges of that Councell wherein Osius was inwrapped not onely Osius who was alreadie then in as great Credit with that Emperor witnesse the Epistle of the iudowing the Churches of Africa did not preside there but euen in the letter of the Councell was not placed amongst the first Bishops but comprehended vnder the curtaine of silence with the troupe and multitude of the Bishops And in the Councell of Sardica where Osius presided aswell as at the Councell of Nicea he was so euill willed by Constantius the Lord of the Empire who was an Arrian that he could not be said there to preside in qualitie neither of a fauorite or of a Deputie to the Emperor contrarywise the care he had to make himself Procurator and Promoter of the Popes Rights and the instance he made for the appeales to the Pope and for the honor of saint PETERS memory and the iustificatiue relation of the Councells which Protogenes Bishop of Sardica and he dedicated to the Pope and the protestation that he and the other Bishops inserted into the Epistle of the Councell to the Pope to hold him for head of the Church and to acknowledge That it was a conuenient thing that from all Prouinces of the earth the Prelats of God should referr all affaires to their head that is to saie to the Sea of the Apostle Peter shew sufficiently that it was from the part of the Pope and not of the Emperors that he presided there And from this it derogates not that saint ATHANASIVS makeing the recitall of the signatures of the Councell of Sardica puts the signatures of Osius without a title of Legation and before that of the Pope in those words Osius of Spaine Iulius of Rome by Archidamas and Philoxemus For besides that this recitall followes not the rankes of the dignities as it appeares by Nessus an African Bishop who is placed there before Gratus Archbishop of Carthage And moreouer that hee vseth this order for as much as Osius signed the Epistle of the Councell immediately and by himselfe and the Pope mediatelie and by another the legates of the Pope who were Bishops had a vote of their owne in the Councell and the Priests not From whence it is that when the legations of the Pope and of the Councell of Rome were
was not Pope Siluester that sent him to the Emperor into the East to prouide for the trouble of Arrius whereof the Bishop of Alexandria had written to the same Siluester and to 〈◊〉 the Emperor to interpose his authoritie and that what remaines to vs from the 〈◊〉 of the Ecclesiasticall history more 〈◊〉 〈◊〉 in the first 〈◊〉 of the Emperors to note their actions then those of the Popes to the end to strengthen the Church with the temporall authoritie of the Empire hath not past it ouer in 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 who can 〈◊〉 vs that the same Eusebius with an 〈◊〉 malice as being an Arrian and for that cause an Enemie to the Roman Church hath not 〈◊〉 〈◊〉 as well as he dissembled that Alexander 〈◊〉 of 〈◊〉 〈◊〉 the relation of the trouble of the Church of 〈◊〉 to Pope 〈◊〉 and an other relatiō 〈◊〉 the circular letters addressed to the 〈◊〉 Bishops of the East as it appeares from the number and the degrees of those that were excommunicated where of there is mention 〈◊〉 which 〈◊〉 〈◊〉 wee learne euidently 〈◊〉 Pope 〈◊〉 who writes to the Emperor Constantius Wee haue 〈◊〉 in our 〈◊〉 〈◊〉 〈◊〉 of the Bishop 〈◊〉 〈◊〉 〈◊〉 to Siluester of holy memory and 〈◊〉 from saint 〈◊〉 Patriarke of the same place of 〈◊〉 who 〈◊〉 〈◊〉 Pope CELESTINE The longe 〈◊〉 of the 〈◊〉 〈◊〉 me to communicate those things to your 〈◊〉 The Fathers of the third 〈◊〉 Councell of Constantinople which was the 〈◊〉 generall Councell 〈◊〉 〈◊〉 and which liued neere a thousand yeare agoe and had read 〈◊〉 〈◊〉 Ecclesiasticall histories that the 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 robbed from vs and in whose cares there sounded yet the memory of the acts of the Councell of Nicea doe not 〈◊〉 throughly 〈◊〉 that not onely the Emperor Constantine but also Pope 〈◊〉 wrought for the 〈◊〉 of this Councell when they 〈◊〉 The most sacred 〈◊〉 and the famous 〈◊〉 called the great and 〈◊〉 〈◊〉 Councell at Nicea And doth not the analogie of the historie informe vs that the Pope before the celebration of the Coūcell of Nicea must 〈◊〉 haue holden a 〈◊〉 Councell of the westerne Church that is to 〈◊〉 a Councell compounded of the deputies from the particular 〈◊〉 of the 〈◊〉 Prouinces to send by delegates carrying the 〈◊〉 of that Councell the sence of all the westerne Church to the 〈◊〉 of 〈◊〉 as it was done when there was question of holding the 〈◊〉 of 〈◊〉 and 〈◊〉 Otherwise how had the Councell of 〈◊〉 which was compounded but onely of the Easterne Prouinces and where there were but 〈◊〉 or 〈◊〉 Bishops of all the west bene originallie 〈◊〉 and 〈◊〉 I say originally and not by accession as that of 〈◊〉 if some one of them had not bene deputed to 〈◊〉 the voice of all the westerne Church And which of those Bishops 〈◊〉 it 〈◊〉 except Osius who onely had his 〈◊〉 with the Popes 〈◊〉 before the heads of all the other 〈◊〉 〈◊〉 For if the authors of the 〈◊〉 all historie for the most part 〈◊〉 which remaine to vs haue spoken of noe Councell of the West preambulary to that of 〈◊〉 what 〈◊〉 is it 〈◊〉 that of the Councell of Capua that the Councell of 〈◊〉 〈◊〉 generall Coucell and that saint AMBROSE describes as assembled from all the partes of the world and for the affaires of the East there is found noe author of the ancient Ecclesiasticall historie that speakes a word And if Eusebius aud those that haue followed him haue made noe memorie of the Councell of the West holden for the preparation of the Councell of Nicea what meruaile is it if they haue made noe mention of the deputation of the Bishop sent from the Pope and the Councell of the West to represent their person at the Councell of Nicea Wee finde indeede that Eusebius Bishop of 〈◊〉 〈◊〉 in Italie and Lucifer Bishop of 〈◊〉 in Sardinia two Bishops of the Popes Patriarkship where 〈◊〉 into the East and that at the issue of their banishment one of them to wit Lucifer created in Syria 〈◊〉 〈◊〉 of 〈◊〉 and assisted by one of his deacons at the Councell of Alexandria holden for the restitution of the Churches And the other to witt Eusebius assisted there in person but that they bare the qualitie of the Popes Legates when they were banisht into the East or since wee finde nothing in all the Grecian antiquitie And neuerthelesse saint IEROM describing the life of Lucifer saith Lucifer Bishop of Calaris sent Legat for the faith with Pancratius and Hyllarius Clerkes of the Roman Church by the Bishop Liberius to Constantius because he would not vnder the name of Athanasius condemne the Faith of Nicea was banisht into Palestina And describing that of Eusebius Eusebius saith hee made from a Lecturer in the Roman Church Bishop of Vercelles was for the confession of his faith 〈◊〉 by the Emperor Constantius to Scythopolis and from thence to Cappadocia And saint HILLARIE describing the Councell of Millan from whence they where both sent into the East by Constantius Eusebius Bishop of 〈◊〉 saith hee is there with the clerks of Rome and Lucifer Bishop of Sardinia And Liberius himself in an Epistle to the Emperor Constantius which remaines to vs in the workes of Lucifer I haue said hee sent to you my holie Brother and fellow-bishop Lucifer with Pancratius my fellow-Priest and Hillary Deacon And Nicetas a graue Greeke Author and who had seene manie Ecclesiasticall histories that tyme hath enuied to vs expounding these words of saint GREGORIE Nazianzene There were at Cesarea in Coppadocia Bishops of the west which drew all that were orthodoxall to them add's These Bishops were Lucifer and Eusebius who had bene sent from Rome And why then as all the ancient Greekes cōcealed the deputation of 〈◊〉 and Eusebius Bishops of Uercelles from the Pope to the Emperor Constantius so could not Eusebius and those that haue followed him conceale the deputation of Osius from the Pope be it to the Emperor Constantine or be it to the Church of Alexandria And if from this that Eusebius notes not that Osius whom in hate to Catholicke doctrine he vouchsafes not so much as to name in all the historie of the life of Constantine was sent by the Emperor into Egipt as the Popes legate or from this that hee doth not relate that Osius assisted at the Councell of Nicea as the Popes Legat 〈◊〉 doe ensue that it was not in the qualitie of the Popes legate that Osius presided at the Councell of Nicea must wee not conclude by the same meanes that he presided not there at all for Eusebius saith not that Osius presided at the Councell of Nicea he onely saith that he sate there with manie others From Spaine itselfe said hee there was one verie famous Bishop sett with manie others Two onely historians doe informe vs
execute at Constantinople the rudgement pronounced at Rome against Nestorius Archbishop of Constantinople Adding to thee said Pope Celestine in his Epistle to saint CYRILL the authoritie of our Sea and vsing with power the representation of our place thou shalt execute exactlie and constantly this Sentence to witt that if within ten daies reckoned since the day of this monitory Nestorius doe not anathematise by writing his wicked doctrines c. thy holynes should prouide for that Church without delaie and declare him to be wholie cutt of from our Bodie And in the Epistle to Nestorius read and inserted into the Acts of the Councell Wee haue sent the forme of this iudgement with all the verball processe to our holy fellow-Bishop of Alexandria to the end that he being made our Uicar may execute these things And in the Epistle to the Clergie of Constantinople Wee haue conferred our Uicarship because of the farr distance of places to our holie brother Cyrillus And the Councell of Ephesus in the relation to the Emperor The sentence of him and his before there was anie Synod assembled at Ephesus the most holy Celestine Bishop of great 〈◊〉 had testified by his letters and had committed to the most holy and most beloued of God Cyrill Bishop of Alexandria to be his Uicar And saint CYRILL himselfe in the Epistle against Nestorius addressed to the Constantinopolitans Wee are constrained said hee to signifie to him by Synodicall letters that if 〈◊〉 speedilie that is to saie within the time defined by the most holy Bishop of the Roman Church hee renounce not the nouelties of his doctrine he shall haue noe more communion with vs nor place amongst the Ministers of God And secondly Celestine making saint CYRILL his vicar it was by forme of commission and not by forme of intreaty Hee committed to him saith the Councell of Ephésus to be his Uicar And Marcellinus Comes of the same tyme with Iustinian Nestorius was condemned at Ephesus in a Synod of two hundred holie Fathers Celestine declaring to the Councell Cyrill Bishop of Alexandria his Uicar for the time And Liberatus the African author of the same age Celestine signified to Nestorius that he had giuen his Uicarship to CYRILLVS And Theophanes the Greeke-historian Celestine of Rome writt to Cyrill of Alexandria to holde his place in the Synod And Balsamon not onely a Grecian but a Scismaticke Celestine when he could not assist at Ephesus and iudge Nestorius in person thought good to permitt saint CYRILL to preside in his place at this Councell And Nicephorus Celestine Bishop of Rome refused to assist at the Councell of Ephesus for the perill of the nauigation but he writt to CYRILL to holde his place there and after that time the fame goes that Cyrill receaued the Tyara and the name of Pope of iudge of the whole world And thirdly who reuealed to Caluin that it was not in the qualitie of the Popes Legats but in his owne name that saint CYRILL presided in the Councell For did not Prosper an author of the same tyme say To the heresie of Nestorius CYRILLS industrie and Celestines authoritie principallie resisted And againe Celestine cutt of the Nestorian impietie aided CYRILL with the Apostolicke sword And the letters of the Bishops writing from Constantinople to the Councell Doe they not beare this superscription To the most holie and beloued of God Bishops and Fathers who by Gods grace are assembled in the Metropolitan Cittie of Ephesus Celestine Cyrillus Iuuenall and others to shew that the Pope though absent preceded saint CYRILL euen in the person of saint CYRILL And did not the Popes legates thanke the Fathers of the Synod because they had shewed themselues holie members to their holie head that is to saie to the Pope And saint CYCILL writing to Pope Celestine Doth he not call him his Father though himselfe were an ancienter Patriark by tenn yeare then Celestine And did not the Councell in the Bodie of it make themselues executioners of the Popes Indgements against the same Nestorius when they said Wee are come not without teares to pronounce this sadd sentence constrained by the force of the Canons and by the letters of our holy Father and fellow-Minister Celestine And then if Alexander Bishop of Alexandria had not presided at the Councell of Nicea but was there preceeded by two simple priests of the Roman Church Vito and Vincentius why should saint CYRILL one of his successors and Patriarke of Alexandria as he was and noe lesse enemie to Nestorius then Alexander was to Arrius haue presided at that of Ephesus a cittie that was in Asia and out of the Patriarkship of Alexandria as well as Nicea was And if that appertained by right to saint CYRILL for what cause did Dioscorus his Successor obtaine surteptitious letters from the Emperor vnder pretence of the refusall that Eutyches made of the Popes legates forasmuch as they had bene intertained feasted and gratified with presents by his aduersarie that is to saie by Flauianus Archbishop of Constantinople to preside at the false Councell of Ephesus And for what cause notwithstanding the said letter was hee accused for this attempt at the Councell of Chalcedon as for a newe and vnheard of enterprize He must said Lucentius Bishop of Ascoli giue vp an 〈◊〉 of his iudgement for asmuch as hauing noe right to doe the Office of a Iudge he hath vsurped it and hath presumed to hold a Synod without the authoritie of the Sea Apostolicke which hath neuer bene lawfull neither was euer done And for what cause did the Councell of Chalcedon call his presidencie Tyrannie and Uictor of Tunes author of the following age vsurped principalitie for whereas Caluin adds that at the Councell of Ephesus the other legates of the Pope sate after saint CYRILL that was because saint CYRILL had bene first deputed and before the Councell and that the others came thither but at the end thereof and besides that amongst colleagues of one same legation he that of himselfe was alreadie in greatest dignitie was to precede Of the order of the sittings of the second Councell of Ephesus CHAPT X. THE third obiection of Caluin is That in the second Councell of Ephesus Dioscorus Bishop of Alexandria presided and that although the issue of this Councell was vnlawfull neuerthelesse at the beginning when order was yet obserued the Popes deputies did not question him 〈◊〉 the first place An obiection that containes as manie falshoods as wordes For first the second Councell of Ephesus that the Greekes call the Councell of robbery was all disordered from the beginning to the ending Those things shall cease said the lawe which haue taken their originall from iniustice And indeede how could it be otherwise hauing begunn by practises by Steele and weapons for Chrysaphius Master of the imperiall pallace who was an Eutychian and Eutyches his
called by him or at his instance but for 〈◊〉 much as that Councell which was a particular Councell had vndertaken as compounded of Arrian Bishops who violated all order and discipline to decide things that concerned the vniuersall Church ordayning in hate to saint ATHANASIVS That euery Bishop that after he had bene deposed by a Synod should continue still to performe episcopall functions without hauing bene first reestablisht by an other greater Synod should be incapable of restitution and that the lawes of the Church bore that there could noe decrees be made in the Churches that is to saie as Caluin himself interprets it for things regarding the vniuersall Church without the Sentence of the Bishop of Rome he reproacheth it to them that they had exceeded the power of a particular Councell That is to saie had decided the affaires which concerned the generall gouernement of the Church without hauing inuited him to assiste at it either by himself or by his Legats A thing that if we were stript of all other argumentes would sufficiently shewe the Popes authoritie for if the absence of the Pope alone and not of anie other Patriarke or Metropolitan were an impediment to the makeing of decrees to oblige the vniuersall Church how can it bee but the Pope must be head of the Church and Superior of the other Patriarkes To the third obiection which is that saint IEROM speaking of a certaine Councell holden amongst the Gaules cryes What Emperor hath commaunded this Synod to he assembled From whence they inferre that the Emperors onely called the generall Councells Wee answere it is a very Sophisme for the Councell whereof saint IEROM spake was not a generall Councell but a particular that Ruffinus pretends to haue bene holden in Gaule against saint HILLARY Nowe wee agree of all sides and Caluin himselfe confesses it that the Metropolitans Primates and Patriarkes called particular Councells And the Councells of the westerne Church holden at Rome by Pope DAMASVS in the tyme of the heresie of the Macedonians by Pope Celestine against the heresie of the Nestorians by Pope LEO against the heresie of the Eutychians by Pope Agatho against the heresie of the Monothelites inforced the most obstinate to confesse that the Pope if not as head of the vniuersall Church yet at least as Patriarke of the West called the Patriarchall Councells of the westerne Church and not onely called the Patriarchall Councells of the Westerne Church but alsoe when there was neede caused to be called extraordinarily the nationall or prouinciall Coūcells of such a Natiō or Prouince of the West as he thought to be necessarie as it appeares for Africa frō these wordos S. AVGVSTINE The Ecclesiasticall necessitie enioyned vs by the Reuerēd Pope Zosime Bishop of the Sea Apostolicke had drawne vs to Caesaria And for Macedonia Achaia and Thessalia from these of Pope LEO to Anastasius Bishop of Thessalonica his Legat in those prouinces If There be anie maior cause moued for which it shal be necessarie to cause an Episcopall assemblie to be called let it suffice thee to call two Bishops of euery Prouince such as the Metropolitans shall choose And for Spaine from these of the same LEO Wee haue sent letters to our bretheren and fellow Bishops of Arragon of Carthagena of Portugall and of Galitia and baue declared to them the assemblie of a generall Councell that is to saie generall for Spaine In which place they must not cauill vpon the word Councell and conuert it into Counsell For the first Councell of Bracara reporting the same historie saith By the commaundement of Leo the Bishops of Arragon Carthagena Portugall and Andaluzia held a Councell amongst them But besides the spirituall authoritie were it of Metropolitans Primates and Patriarkes for the calling of particular Councells be it of the Popes as wee pretend for the calling of generall Councells the temporall authoritie of the Emperors was alsoe requisite aswell to auoid state iealousies and hinder suspitions of conspiracies against the Empire as to take order for the Charge of transportations Staples and prouisions and to furnish the costes of the voyages which the Churches then newlie out of the persecution of the Pagans could yet hardlie beare And therefore when there was question of calling not onely generall Councells of all the Earth but alsoe the generall Councell of the Westerne Church the temporall authoritie of the Emperors concurred with the Spirituall authoritie of Popes for the execution of the conuocation The Emperor Valentinian saith Pope Sixtus the third tymefellowe to saint CYRILL hath commaunded by our authority that the Synod should be called And when there was question of calling Nationall Synods if it were within the countries of the Empire the authoritie of Emperors or of their lieuetenans was allso required and if it were within the ecclipsed countries or not depending from the Empire that of the Kings of the nations where it was to be celebrated must be ioyned thereto as when the first Councell of Bracara in Spaine was called it is said it was called by the commaundement of the glorious King Ariamira or according to others Theodomina And when the second Councell of Tours speakes of the first Councell of Orleans holden vnder Clouis it is said it was done at the request of the most inuincible king Clouis And when the second Councell of Mascon was holden vnder King Gontran it was ordained that the ordinarie Nationall Councells should be celebrated from three yeare to three yeare and that the care to cause them to be assembled appertained to the Bishop of Lion and the disposition to the most magnificent Prince Now if the temporall conuocation of Nationall Councells made by the Emperors or by the Princes of the Nations were 〈◊〉 impediment but that the spirituall conuocation of the same Councells might be due to the Primats of the Nations Why should the temporall conuocation of generall Councells made by the Emperor be an impediment why the authoritie to call them spiritually that is to saie in behalfe of spirituall and ecclesiasticall power might not belong to the Pope For that then as we haue newlie said the authoritie of Emperors was necessary and 〈◊〉 to make the decisions of Councells executorie by the Secular arme and by the ministers and officers of temporall iustice who otherwise would not haue labored to punish corporallie those that should contradict And that is the cause wherefore the Fathers of the Councells were soe carefull to sett this title in the forefront of their acts The most holie and generall Councell called by the authoritie of the most religious Emperor to the end to make their decrees executorie temporallie and by the ministrie of the Secular Tribunall but not to make them obligatorie in conscience and spirituallie For when was it saith saint ATHANASIVS that the iudgement of the Church hath euer taken authoritie from the Emperor And indeede who can doubt but that
Bishop Iohn had bene satisfied in all conditions and hauing learned from those of your legation that all things had bene accomplished according to our desire I haue by the grace of God admitted the communion of your Church And a little after As for the letters of the Bishop Atticus because they were ioyned with yours we haue receiued them least the refusall of a man alreadie a long while suspended by vs should turne to your preiudice and yet we haue sufficiently and more then sufficiently ordained in the acts what ought to be obserued in his person And Theodoret treating of the same matter Iohn being dead those of the West would neuer admitt the communion either of the Egiptians those of the East nor of the Bishops of Bosphorus and Thrace that is to saie of the diuision of Constantinople till they had inscribed the name of that admirable personage into the rolle of the Bishops his predecessors and esteemed Arsacius that succeeded him scarce worthie of a salutation and as for Atticus successor of Arsactus after manie legations and requests for peace they receiued him finallie but when he had added the name of John to the other Bishops And the third that if what Sigebert writes were true there were great difference betweene suspending themselues from the communion of anie one which was sometymes done by intermitting the commerce of communicatory letters and excommunicating him or making him incommunicable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that in the matter of verie excommunications there was great difference betweene minor excommunications which depriued those that were smitten with them from the vse of the Sacraments but depriued them not as is aboue said from the other fruits of the Churches communion and the maior excommunications which tooke awaie not onely the vse of the Sacraments but cast out those that were therewith attainted from the bodie and societie of the Church Now it was with this kind of excommunication wherewith Pope Victor excommunicated the Bishops of Asia who obserued the Pasche according to the Iewish computation Victor saith Eusebius moued with the answere of Polycrates attempted to cutt of at one blowe from the common vnion all the Diocesses of Asia and the neighbouring Churches as Heterodoxall and proscribed them by letters declaring all the bretheren which inhabited those Regions incommunicable And againe Ireneus exhorted Victor that he should not cutt of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all the Churches of God that obserued the tradition of this ancient custome By which wordes it maie appeare that the meaning of Vistors censure was not simplie to seperate himselfe from the communion of the Asians but to diuide and cutt of the Asians from the bodie and societie of the whole Church and that the remonstrance and exhortation that S. IRENEVS and others made him was not to keepe him from seperating himselfe from the cōmunion of the Asians but that he should not cutt of the Asians from the bodie and common masse of the Church for the verbes to proscribe and to declare incommunicable expresse an other thing then to seperate himselfe from them the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereof Eusebius makes vse signifieth to diuide and cutt of from the bodie and from the masse for which cause Ruffinus hath translated it to cutt of from the vnitie of the bodie He reproued him saith Ruffinus for not doeing well in cutting of from the vnitie of the bodie so manie and so great Churches of God And certainlie what subiect of terror had Pope Victor giué to the Bishops of Asia in threatning to excōmunicate them if he had intended onely to seperate himselfe from them And why should Polycrates haue said that hauing the word of God for him he feared not those that threatned him if this threat had bene noe more but to seperate himself from their communion and not to seperate and cutt them of from the communion of the bodie and from the societie of the Church For what greater wound had the Asian Bishops receiued in the Popes seperation from them then the Pope in the Asian Bishops seperation from him if the Popes excommunication had bene noe other thing then a declaration that seperated himselfe from their communion Contrariwise the Bishops of Asia minor and of the neighbouring prouinces that the Pope comprehended in his censure being so great number as Polycrates saith that if hee should represent their names the multitude would seeme too great why had it not bene more opprobry for the Pope to be seperated from them then for them to be separated frō the Pope if the Popes excōmunication had bene but a simple declaration that he departed from their cōmunion And it can not be said that Eusebius writes that Victor attempted to cutt them of for the question is not of the diminutiue termes which Eusebius whom S. IEROM calls the ensignebearer of the Arrian faction vseth with an Arrian en uie and malignitie against the Romane Church but of the intention of Victor of the Bishops that made their remonstrances to him And yet lesse can it be replied that the other Bishops opposed themselues against it for they opposed it not but in the forme of remonstrances and exhortations representing to him not that he could not doe it and that he enterprized beyond his iurisdiction but that for soe small a cause he ought not to cutt of soe manie Churches from the vniuersall bodie and societie of the Church Wherein was discouered the euill will of Eusebius against the Roman Church who saith that the other Bishops did bitterly reproue Victor when there is question to produce an example of the bitternes of their reprehensions he alleadges for his onely patterne the words of S. IRENEVS where there is not one bitter word to be found which containeth onely simple gentle remonstrances and full of submission to the person of Victor and to the authoritie of his Sea For to represent to the Pope that he ought not to cutt of so manie Churches from the bodie and from the societie of the vniuersall Church was it anie other thing then to confesse that if the cause had bene sufficient as afterward the Councells of Nicea and of Ephesus shewed it to be it belonged to him to cut them of and chiefely in the time of the pagan Emperors vnder whom noe generall councells could be celebrated And to vse the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which signifies to diuide and cutt of from the bodie and from the masse what was it but to saie that it was the Roman Church that as the stocke and roote did not cutt her selfe of from the Churches that she excommuni cated but cutt them of from her selfe and in cutting them of from her selfe cutt them of from the communion of the whole bodie noe more nor lesse then the head in cutting of anie member from the communion thereof cutts not it selfe of from that but cutts of that from it selfe
it is a comparitiue of positiue signification which hath noe other meaning but lesse then it should be that is to saie little or not great enough as when the same S. CYPRIAN writeh in the Epistle to Antonius If the number of Bishops resident in Africa seemed lesse sufficiēt that is to saie not enough sufficient And the other that if it were a comparison of the comparatiue signification it should noe more haue reference to the Roman Church but to these wordes paucis desperatis perditis interpreting them in the ablatiue and not in the datiue and translating the period in this sence If it be not peraduenture that the authoritie of the Bishops constituted in Asrica who had alreadie iudged of them be esteemed lesse then a small number of desperate and lost men it seemes that the continuance of the period doth afterward declare which compares the number of the Bishops of Africa who had iudged of Fortunatus with those that tooke part with Fortunatus and not with the Roman Church in these wordes If the number of those that iudged of them the yeare past comprehending the Priests and deacons be reckoned it will be found there were more assistants present at the iudgement and at the examination of the cause then of those that tooke Fortunatus part And indeede if saint CYPRIAN had intended this word in a comparatiue signification and in regard of the Roman Church how could he haue said three lines aboue they presumed to saile to the Roman Church which is the Chaire of Peter and the principall Church from whence the Sacerdot all vnitie hath proceeded And how coul Optatus Mileuitanus an African as well as hee saie At Rome hath bene constituted to Peter the chiefe the Episcopall Chaire that in this onely Chaire the vnitie of all might be preserued And howe could saint AVGVSTINE an 〈◊〉 as well as either of them say That Cecilianus might despise the conspiring multitude of his Enemies that is to saie of seauentie Bishops of Africa assembled in the Councell of Numidia with him For as much as he sawe himself vnited by letters communicatorie with the Roman Church in which had alwaies flourisht the principalitie of the Sea Apostolicke and with the other Countries from whence the Ghospell came into Africa And againe That he doubted not but that Pelagius and Celestius who had bene iudged by two Councells of Africa whould more easilie yeild to the Popes authoritie drawne out of the authoritie of the holie Scriptures To the fifth head which is that the same S. CYPRIAN saith That there is but one Bishopricke whence euerie one holds his portion vndiuidedlie Wee answere hee vseth this language to insinuate that the Bishopricke cannot be possessed separatelie out of the vnitie and societie of the Episcopall Bodie but not to denie but that in the vnitie of this Episcopall Bodie the functions of Episcopall power are exercised in a more principall and eminent manner in the Roman Church then in the other Churches noe more then when wee saie that the soule is possessed by all the partes of the bodie inseparablie and vndiuidedly wee intend not to saie that for the exercise of her functions she resides not in a more principall and eminent fashion in the head then in the other partes otherwise why should hee call the Roman Church the Chaire of PETER and the principall Church and the originall of Sacerdot all vnitie To the sixth head which is that S. CYPRIAN saith in the Councell holden for the rebaptization of heretickes None of vs constitutes himself Bishop of Bishops Wee answere he speakes there onelie of the Bishops of Africa to whom hee directs his speach and whom hee exhorts to tell their opinion freelie in the Councell without being held backe by the respect of the authoritie that as Primate of Africa hee had ouer them And wee will add that if hee had holden this language euen to taxe and preuēt the Pope obliquely who afterward condemned him the matter would be of noe weight for as much as this Coūcell was an erroneous Coūcell where S. CYPRIAN cast the foundations of the Donatists heresie and that as such it was not onelie condemned by the Pope and by all the rest of the Church but euen by those that had adhered to saint CYPRIAN witnes these wordes of saint 〈◊〉 The Blessed Cyprian stroue to auoide the myrie lakes and not to drinke of the strainge waters and vpon this subiect addressed the Synod of Africa to Steuen Bishop of Rome who was the twentie sixth after saint PETER but his strife was in vaine And finallie those that had bene of the same opinion with Cyprian sett forth a newe decree saying What shall wee doe Soe hath it 〈◊〉 deliuered to them by their Ancestors and ours To the seauenth head which is of the inuectiues that S. CYP. suffered to slipp out of his mouth after the contention that hee had with Pope Steuen for the rebaptizatiō of hereticks taxing him of ignorance and presumption Wee answere it is impietie in Caluin to alleadge them since S. AVSTINE holds them vnworthy to be reported and couereth them with this excuse The things which Cyprian in anger hath spread against Steuen I will not fuffer them to passe vnder my penn And we adde the resistance that Pope Steuen made to the error of S. CYPRIAN was the safetie of the church as saint Uincent Lerin witnesseth in these wordes Then the Blessed Steuen resisted with but before his Colleagues iudginge it as I conceaue a thing worthie of him that he should surmount them as much in Faith as he did in the authoritie of his place Of the Commission of the Emperor Constantine the Great for the iudgement of Cecilianus Archbishop of Carthage CHAPT IV. THe third instance of Caluin is taken from Optatus Mileuitanus and from saint AVGVSTINE who saie that the Donatists hauing accused Cecilianus Archbishop of Carthage and Felix Bishop of Aptunge his Ordinator and besought the Emperor Constantine who thē was resident amongst the Gaules to giue them Iudges of the Gaules the Emperor gaue them three Bishops of the Gaules whom he sent to Rome to iudge the affaire with Pope Melchiades But whom doth this Instance combate against but those that alleadge it For the Emperor being constrained by the importunitie of the Donatists and that as himselfe protested against all Ecclesiasticall order to giue them Iudges and hauing giuen them according to their demaund Iudges of the Gaules what could he more expressely doe to testifie the Popes authoritie then to remitt them to Rome and to ordaine that the same Iudges of the Gaules that hee had giuen them should transporte themselues from the Gaules to Rome to the end the cause might be 〈◊〉 at the Popes Tribunall and vnder the presidencie and direction of the Pope Was there a Stronger meanes to proue what wee reade in S. ATHANASIVS That antient custome of the Church was that the
it made the Emperors haire stand on end To this appeale saith Optatus Mileu the Emperor answered thus O madd impudence of furie they haue put in an appeale that is to saie a secular appeale to the imperiall Tribunall as in the causes of the Gentiles And the Emperor Constantine himselfe in the Epistle to the Catholicke Bishops What so great frensie saith hee perseuers in them as to perswade themselues with an incredible arrogance of things which are not permitted either to be spoken or heard And a litle after They seeke for secular iudgements and leaue those that are celestiall ô madd impudence of furie And againe What will these detractors you must reade detrectators saie of the law who refusing the heauenlie iudgement haue demaunded mine is this the account they make of Christ our Sauiour He was farr enough then from approuing the appeale from the Popes iudgement to his since he calls this Appeale a thing not fitt to be spoken or heard maddimpudence of surie a recourse from heauenlie to earthly iudgement and a contempt of Christs authoritie Neuertheles pressed by the Donatists importunitie he graunted them an other Councell at Arles not in the forme of a iudgement of appeale as the Donatists pretended but in the forme of a ciuill request and of a more ample review of the cause which the Donatists who complaining for the omission of Felix his crime said had not bene fullie heard And this againe irregularly that is to saie against the ordinarie course of the iudgements of the Church and to giue way to the Donatists fury He gaue them saith saint AVSTIN an other iudgement at Arles that is to saie of other Bishops not that it was necessarie but giuing waie to their peruersnesse At this Councell compounded of two hundred Bishops assisted the Popes legates as appeares by the Catalogue of the Bishops of the first Councell of Arles although confusedly and ill applied to the Canons of the the second And Marinus Rheticius and Maternus assistants at the first iudgment for that the Popes legates are not named in the Epistle from the Councell to the Pope it is because themselues were the Messengers that carryed them And the relation of the Councell was directed to Pope Siluester Successor to Melchiades in these wordes Being come to Arles by the will of the pious Emperor from thence most Religious Pope or according to other copies most glorious Pope we salute thee with all due reuerence And the Fathers of the Councell testified to the Pope in their Epistle a great griefe that he could not assist there in person and protested t hat if he had bene there present they would haue pronounced yet a more rigorous sentence against the slanderors But that said they could not be for as much as thou mightest not remoue from the place where the Apostles sitt continuallie and where their bloud without intermission giues testimonie to the glory of God And they sent their decrees to the Pope that he might spread them through all the partes of the world It hath pleased said they according to the ancient custome these things should be intimated to thee who holdest the maior administrations and by thee principallie to all For insteede of these maimed and corrupted words Placuit etiam antequam ante qui maiores Dioceses tenes per te potissimum omnibus insinuare You must restore 〈◊〉 etiam 〈◊〉 iuxta consuetudinem antiquam adte qui maiores dioceses or maiores Dioceseos tenes per te potissimum omnibus insinuari That is to saie It hath pleased according to ancient custome that these things should be insinuated to thee that holdest the maior administrations or the maioritie of the administration and by thee to all For the proper and originall signification of the word Diocese is to signifie administration From whence it is that Zonara speaking of the Empire of Constantine and Jerene say All the Diocese of the Empire meaning all the administration of the Empire From whence appeares Caluins extreame ignorance who saith that Marinus Bishop of Arles iudged by appeale of the sentence of Pope Melchiades and that Pope Melchiades indured it and neuer opposed himselfe against it For besides Melchiades was dead before the Councell of Arles which was holden vnder Siluester his successor was celebrated and had neede of a strainger miracle then that of Caluins to raise him vp againe if it had bene an appeale from the Pope the Popes Legates would not haue assisted there and would not haue iudged by appeale of their Maisters iudgement and the Councell would not haue addressed their relation to the Pope and would not haue bewailed the Popes absence and would not haue said that if the Pope had bene present they had pronunced a more heauie sentence against the delinquents And then how could Marinus Bishop of Arles who had bene one of Pope Melchiades assistants at the iudgement giuen at Rome haue iudged by appeale of the Councell of Rome And how could the other assistants of the Pope haue iudged by appeale of the Popes iudgement or rather of their owne For not onely the same Marinus Bishop of Arles who had bene one of the Popes assistants at the Councell of Rome assisted at the Councell of Arles but also the other Bishops who had acompanied the Pope at the iudgement of Rome as well those that the Emperors had nominated as Maternus Bishop of Cologna Rheticius Bishop of Autun Marinus Bishop of Arles as those that the Pope had associated there as Merocles of Milan Proterius of Capua and others were present voted and signed at the Councell of Arles And besides how could Marinus and all the Councell haue written to the Pope That he held the maior dioceses or the maior administrations a thing that whatsoeuer it signifie attributes to the Pope a prerogatiue that the Bishop of Arles and the other Bishops of the Councell had not if Marinus had bene iudge by appeale of the Popes iudgement for whereas some of Caluins disciples saie that is was not the same Marinus Bishop of Arles that was at the Councell of Rome who iudged of the Popes sentence but Martian Bishop of Arles his Successor this is an ignorance yet greater then the former for there is not so meane a Scholler but knowes that Martian Bishop of Arles was dead more then fiftie yeares before Marinus and before the Councell of Arles Ioyntlie that the Bishop of Arles and particularly Martian could not iudge of the Pope by appeale since the same Martian being fallen into the Sect of the Nouatians saint CYPRIAN had addressed himselfe in these words to Pope Cornelius to praie him to depose him Let there be letters written from thee into the prouince and to the people inhabiting Arles 〈◊〉 〈◊〉 being deposed another may be placed in his steede And indeede that which saint AVSTIN saith to the Donatists put case
of the watchfulnes of two Episcopall Councells with the helpe of God who takes the protection of his Church haue also bene condemned in all the Christian world by the Reuerend Prelates of the Sea Apostolicke yea euen to the number of two Pope Innocent and Pope Zosimus if they doe not correct themselues and besides doe pennance And Prosper his disciple Vnder the twelfth consulship of Honorius and of Theodosius the decrees of the Councell of Carthage two hundred and fourteen Bishops were carried to Pope Zosimus which hauing bene approued the Pelagian heresie was condemned throughout the world And againe The Pope Zosimus of blessed memorie added the force of his sentence to the decrees of the Councells of Africa and to cutt of impious persons armed the right hands of all the Bishops with the sword of Peter The second solution that whe bring to the place of the Mileuitan Councell is that the Canon speakes but of inferior clerks which were Priests deacons subdeacons and other lesser Orders and not superior Clerks that is to saie Bishops whose causes because of the importance and dignitie of their persons were reputed maior causes as Pope Nicholas the first though longe after writes to the Bishops of France in these wordes The more the Bishops are in a principall degree and more exalted in the Church of God the more when their preseruation is treated of or their deposition ought their causes to bee reckoned amongst maior and difficult causes for they are the first in the Church they are those which holde the reede in their hand to measure the holie Ierusalem they are those that rule in Gods buildings And this solution we drawe first from the very wordes of the Mileuitan Councell which are It hath bene thought fitt that the Priests Deacons and other Clerks of the inferior order in the causes that they shall haue if they complaine of the iudgements of their Bishops appeale not but to the Councells of Africa or to the Primates of their prouinces By which words restrained to onely priests deacons and other Clerkes of inferior order it is manifest that the Councells except the Clerkes of the superior order that is to saie Bishops And secondly wee drawe it out of the Epistle of Pope Iulius the first reported by saint ATHANASIVS which saith that saint ATHANASIVS could not be definitiuely iudged without the Roman Church because he was of the order of Bishops They were said he Bishops and not of vulgar Churches And a little after If then there were such a suspition conceaued against the Bishops there it must haue bene written of to this Church here Hereby testifying to vs that there was this difference betweene the Bishops and the inferior Clerkes as the causes of inferior clerkes were determined in particular Councells but the causes of Bishops could not be iudged definitiuely without the Pope And thirdly wee collect it from saint AVGVSTINE who teacheth vs as wee note in the appendix of the conference of Fontaine-bleau that the prerogatiue of Bishops and that of priests deacons and other inferior Clerkes were distinct in Africa for matter of appeale and that the one to witt Bishops might appeale beyond Sea and not the others yea groundes the iustice of the Catholickes of Africa who tooke part with Cecilianus Archbishop of Carthage against the Donatists who opposed him vpon this that Cecilianus hauing bene iudged by a Councell of seauentie African Bishops assembled at Carthage could haue appealed beyond Sea for as much as he was not of the number of Priests deacons or other inferior Clerkes but was of the order of Bishops He might saith saint AVSTIN despise the conspiring multitude of his enemies because he sawe himselfe ioyned by communicatorie letterrs with the Roman Church in which hath alwaies flourisht the principalitie of the Sea Apostolicke and with the 〈◊〉 transmarine Churches For adds he a little 〈◊〉 there was noe question of Priests deacons or other Clerkes of the inferior order but of the colleagues that is to saie of Bishops who might reserue their cause intire to the iudgement of other Bishops and principallie of the Churches Apostolicke In which place saint AVSTIN vseth the word Churches Apostolicke in the plurall number not to denie the eminencie of the Roman Church ouer the other Apostolicke Churches of which contrarywise he had newlie said that Cecilianus might dispise the conspiring multitude of his Enemies for as much as he sawe himselfe vnited by communicatorie letters with the Sea of Rome in which had alwaies flourisht the principalitie of the Sea Apostolicke but to the end to shutt vp the gate against the shift of the Donatists which calumniated and reiected the iudgement that Pope Melchiades had made of Cecilianus because they said that Melchiades not onely was culpable of the crime of treason as well as Cecilianus and by consequent capable of refusall in this case but also whilst he was yet a deacon had Sacrificed to Idolls with Pope Marcellinus For although this reproach were false as appeares by the computation that saint AVGVSTINE giues it elswhere and by the testimonie that Theodoret giues to Marcellinus to haue bene most excellent in persecution Neuertheles it gaue colour to the Donatists to reuolte against the Popes iudgement therefore saint AVSTIN without tying himself to the specialitie of the Roman Church contents himself to saie in generall that Cecilianus might reserue his cause to the iudgement of the transmarine Churches and principally those that are Apostolicke to inferr thēce that the Donatists who vpon the onelie sentence of the Councell of Africke without attending a iudgement frō beyond Sea had instituted an other Archbishop at Carthage were 〈◊〉 For the priuiledge that the Bishops of Africke had that they might appeale beyōd Sea was such that their causes could not be determined either till the Roman Church should examine them or in default of the Roman Church putting it in the forme of a case giuē not graūted that they had iust cause to refuse the Pope in anie affaire till the iudgemēt of all the other trāsmarine Churches principallie Apostolicke had interuened as S. AVS declares a while after in these wordes Put the case that the Bishops that iudged the cause at Rome had not bene good iudges there remayned yet the vniuersall Councell of the whole Church For this cause then the Mileuitan Councell willing according to the ancient African discipline witnessed by saint AVSTIN himselfe to except at the Canon where the defence of the appeales beyond Sea is questioned the clerkes of the superior order that is to saie the Bishops put in by waie of barr the specification of priests Deacons and other Clerkes of the inferior order to hinder Bishops from being comprehended therein It hath bene thought fitt saith the Councell that the Priests Deacons and other clerkes of the inferior order should not appeale but to the Councell of Africa or to the 〈◊〉 of
so was he called that had accused Celestius in Africa had obiected against him and to giue cousent to the letters of the Sea Apostolicke 〈◊〉 by his predecessor of holy memorie But he would not condemne the articles that Paulinus had obiected against him true it is that he durst not resist Pope Innocents letters Contrarywise be promised to condemne all that which that Sea should condemne And therefore after hauing bene gentlie fomented as a franticke person to make him rest it was neuerthelesse not thought fitt to vnbinde him from the Bondes of excommunication but for the space of two moneths attending till they writt out of Africa time for repentance was giuen him vnder a certaine medicinall sweetenes of iudgement And againe By the watchfulnesse of the Episcopall Councells the Reuerent Prelates of the Sea Apostolicke euen to the number of two Pope Innocent and Pope Zosimus haue condemned Pelagius and Celestius through the whole Christian world if they doe not correct themselues and besides that doe penāce And Prosper timefellow scholler to S. AVGVST vnder the twelfth consulship of Honorius and the eigth of Theodosius The decrees of the Councell of Carthage of two hundred and fourteen Bishops were carried to Pope Zostmus which hauing bene approued the Pelagian heresie was condemned ouer all the world And againe Pope Zosimus of blessed memorie added the forces of his sentence to the decrees of the Councells of Africke and to cutt off impious persons armed the right hand of all the Bishops with the sword of Sainct Pcter And the Deacon Paulinus him selfe in his epistle to Pope Zosimus publisht by the illustrious Cardinall Baronius I had promist saith he not to faile to appeare at Rome if the iudgement had bene giuen against me and not for me but then I could pursue nothing since he that had appealed to the Sea Apostolicke he meanes Celestius who as saith S AVGVSTINE vpon the end of the triall at Rome tooke his flight absented him self he that ought to haue maintained the validitie of his appeale The third cautiō shal be that the Africans did not in this question contest the euocations that came from the meere motion of the Pope but the appeales that came from the simple motion of the particular men For that the custom of euocations proceeding from the Pope hath bene knowne in antiquitie and hath had place both before and after the sixth Councell of Carthage it appeares both by the request that Eusebius Bishop of Nicomedia and his partakers made to the Pope to call the cause of Athanasius which had bene iudged in the Councell of Antioch and in many others Councells of the East and to drawe it to Rome He writt saith Socrates to Iulius Bishop of Rome and besought him to call the cause to him selfe And Theodoret Julius following the Ecclesiasticall lawe commaunded them to present themselues at Rome and summoned the diuine Athanasius in iudgement and by the constitution of the Emperors Theodosius and Valentinian published a while after the sixth Councell of Carthage which ordaines That euerie Bishop that hauing bene called by the Pope shall refuse to appeare shall be constrayned thereunto by the Gouernor of the Prouince And by the euocation that the Pope S. GREGORIE the Great made of all the causes that Adrian Bishop of Thebes in Macedonia had or might afterward haue before John Bishop of Larissa his Metropolitan which he ordayned to be iudged either at Constantinople by the Popes Nuncio if the causes were Minor or at Rome by the Pope himselfe if they were maior causes And that the Africans contested none but the Appeales that proceeded from the simple motion of particular persons and not the euocations that came of the Popes meere motion it appeares by this that the Pope hauing put four Articles into the instruction that hee had giuen to his Legates to treate with the Bishops of Africa amongst which there was one that imported thus much To call Urbanus Bishop of Sicca to Rome or euen to excommunicate him if he corrected not such things as ought to bee corrected The Africans stucke only vpon the Articles of Appeale and as for the Article of euocation they brought neither scruple nor resistance against it Contrarywise they answered that Vrbanus had corrected those things that ought to be corrected without anie difficultie And indeede how could the Africans haue contested the euocation proceeding from the Popes proper motion they that but euen before had solicited Pope Innocent the first to call Pelagius out of Palestina where he had bene absolued by Eulogius Archbishop of 〈◊〉 and by John Bishop of Hierusalem and by all the Councell of the prouince to be heard and adiudged by him at Rome It is necessarie then said they either that Pelagius should be called to Rome by they Reuerence c. or that he may haue Interrogatories by letter And elsewhere Wee are assured that when your Reuerence shall haue seene the Episcopall Acts which are said to haue bene made vpon this occasion in the East thou wilt iudge of it in such sort as we shall all reioyce in the mercie of God For that Pope Innocent answers that Pelagius might be more commodiously heard by the Bishops heere Palestina he intends with commission from the Sea Apostolicke as hee shewes by these words Hee ought not to attend to be called by vs but ought to come to vs that he may be absolued And againe But care shall not be wanting if he will giue waie to remedies for he may condemne those things that he hath holden and aske pardon for his errors by letter as is conuenient for one that returnes to vs. Now this exception was more then sufficient to preserue the marke of Superioritie though the minor Appeales should haue no place For euen in secular Iurisdictions there is great difference betweene making difficultie that a particular man of his owne Motion should appeale from anie Tribunall to the Prince or that the Prince of his owne motion should call the cause of a particular man to him And our ancient French haue often debated Appeales from France to Rome in minor and personall causes without pretending for all that to debate either euocations or Superioritie And to proue this when Rothaldus Bishop of Soissons appealed to Rome vnder the second race of our Kings Hincmarus Archbishop of Rheims and tyme-fellow with Charles the Bald writt to the Pope God forbid that wee should so despise that 〈◊〉 of the Prime and Soueraigne Sea of the Pope of the holy Roman Church as to wearie your Soueraigne authoritie with all the Processes and all the differences of the Clergie aswell of the inferior as superior order which the Canons of the Councell of Nicea and of the other Sacred Councells and the 〈◊〉 of Innocent and of the other Bishops of the holie Sea of Rome 〈◊〉 to be determined
in their prouinces And neuerthelesse to manifest that he pretended not to touch vpon neither-the superioritie nor the euocations hee added Wee know all aswell young as old that our Churches are subiect to the Roman Church And a little after It is fit and iust that euerie Bishop that the Roman Bishop shall send for to come to him to Rome if sicknesse or anie other more grieuous necessitie or impossibilitie hinder him not as the sacred Canons prescribe shall doe his deuoyre to trauell thither And elsewhere 〈◊〉 yeelde obedience to the Sea Apostolicke from whence is deriued the streame of Religion Ecclesiasticall ordination and Canonicall iudicature And euen to this day in the Appeales of minor and personall causes neither the causes nor persons of the French Clergie goe to Rome to be iudged there neither doth the Pope send legats from Rome in to France but names commissaries taken out of the Prouince of France and dwelling in France to iudge them vpon the place to auoide the costs and other inconueniences that the length and difficultie of the waie would bring vpon the witnesses and parties which was that that principallie did hurt the Africans The fourth aduertisement shall be that it was not of sett purpose and of the first designe that the African Fathers moued the controuersie of the beyond-Sea Appeales of Bishops but by accident and in continuance of Apiarius his appeale For the Africans had alwaies till then obserued this difference betweene Bishops and Simple Priests that Bishops might Appeale beyond the Sea and Priests not as it appeares both by the declaration that saint AVGVSTINE made That Cecilianus might reserue the definition of his cause to the iudgments beyond Seas because he was not of the number of simple Priests or other inferior Clerkes but of the number of Bishops And by the testimonie he giues that manie African Bishops the Sea Apostolicke iudging them or confirming the iudgments of others had bene preserued to the title of their Bishoprick without retayning the exercise thereof And by the tacite exception of the order of Bishops that the Fathers of the Mileuitan Councell had sett into the decree of the Appeales when they had ordained that the Priests Deacons and other inferior Clerkes could not appeales to the Prouinces beyond the Sea And therefore when Apiarius Priest of the Church of Sicca in Africa came to appeale beyond Sea the African Bishops opposed themselues against it And from thence by occasion the question of Episcopall appeales tooke the originall as an incident sett on the backe of an other affaire For vpon this opposition the Pope sent the Rule of the Councell of Sardica concerning appeales into Africa which consisted in two articles whereof one treated of the Appeales of Bishops and the other of the appeales of Priests Now the Pope sent these two Canons in the qualitie of Canons of the Councell of Nicea for as much as the Councell of Sardica was an Appendix and a supplie of the Councell of Nicea The African Prelates then not finding the Canon of Bishops Appeales in the copies of the Councell of Nicea that they had with them no more then that of the Priests Appeales And besides being much vexed with the frequent Appeales of Bishops from their prouinces besought the Pope to be pleased that they might send into the East to see if this Rule were to be found in the copies of the Councell of Nicea which were kept in the Easterne Churches and putting in compromise the Title which was produced to them of that which they had till then obserued by custome in regard of Episcopall Appeales tooke occasion also to put the continuance of the custome to compromise that is to saie to contest not only the Priests Appeales but also to beeseeche the Pope to reiect or more rarelie to receiue the Appeales of Bishops The fifth aduertisement shal be that the allegation that Pope Zozimus made of the Canons of the Councell of Sardica vnder the title of Canons of the Councell of Nicea was not as shall heereafter appeare by fraude or to make an aduantage of seeing contrarywise it had bene more aduantageable to him for the matter then in question to haue alleadged them vnder the title of Canons of the Councell of Sardica then vnder the title of the Canons of the Councell of Nicea for as much as in the Councell of Nicea there was but one only Bishop of Africa to witt Cecilianus whereas in the Councell of Sardica there were thirtie six Bishops of Africa present that subscribed it but that it was because it was the custome of the Roman Church to cite the Canons of the Councell of Sardica vnder the title of the Canons of the Councell of Nicea because the Councell of Sardica had bene an Appendix of the Councell of Nicea as it is the custome of the Greekes to alleadge the Canons of the Councell Trullian vnder the title of Canons of the sixth Generall Councell because they pretend the Councell Trullian to be an Appendix to the sixth Generall Councell And as Gregorie of Tours alleadges and that with much lesse reason the Canons of the Councell of Gangres for Canons of the Councell of Nicea when he saith Then arriuing at the Monasterie I read ouer againe the decrees of the Canons of the Councell of Nicea wherein it is contayned because that if anie woeman leaue her husband and she dispise the bedd wherein he hath liued honestlie saying there is no part in the glorie of the Kingdome of heauen for him that hath bene ioyned in marriage lett her be Anathema For these words are the words of the Councell of Gangres and not those of the Councell of Nicea for as much as the Councell of Gangres was as a branche and a slipp of the Councell of Nicea and that the same Osius who had presided at the Councell of Nicea assisted there if we beleeue the ancient Latine inscriptions of the Councell of Gangres and the reporte of Eunodius ancient Bishop of Pauia The sixth aduertisement shal be that whereas the African Fathers did not perceiue that these Canons which they found not in the copies of the Councell of Nicea were in those of the Councell of Sardica happened from this that the Donatists had suppressed in Africa all the copies of the true Councell of Sardica which had bene holden by the Catholicke Bishops at Sardica and had substituted in their steede the copies of the false Councell of Sardica which had bene holden by the Arrians neere Sardica For in the same tyme when the three hundred Catholicke Bishops which represented all the Catholicke Church held their Councell at Sardica where they confirmed the faith of the Coūcell of Nicea the absolution of S. ATHANASIVS the seauentie Arrian Bishops which had seperated themselues from thē held their hereticall mock-Councell which they falsely and impudently intituled the Councell of Sardica at Philippopolis a cittie neere Sardica where they
the decree of the consubstantialitie of the Father and the Some and the other the decree of Appeales The first was inserted into the Creede of the faith publisht by the Fathers of the Councell of Nicea the second into the originall acts of the Councell of Nicea with which it hath bene lost only there remaines to vs some light track of it in an Epistle of Pope Iulius reported by S. ATHANASIVS and by the Councell of Alexandria where Pope Iulius writes to the Arrians It hath not bene without the prouidence of God that the Bishops assembled in the great Councell of Nicea haue permitted that the acts of a former Synod should be examined in an other Synod For that this decree was not the same which is contayned in the Canons of the Councell of Nicea where it is ordained that when a Bishop hath excommunicated anie Churchman or Layman of his diocesse the cause of the excommunicated person may be reuiewed in the Synod of his Prouince it appeares both by this that he speakes of the reuiew of the iudgments giuen in the first instance by the Synods inferrs from thence that S. ATHANASIVS hauing bene iudged in the first instance in the Councells of Tyre and Antioch might againe haue bene iudged at Rome in a new Councell And because that he adds That if this custome being of itselfe antient and hauing bene renewed and sett downe in writing in the great Synod you will not permitt that it haue place amōgst you such a refusall is vndecent a thing that shewes that this decre whereof he speakes was resisted by the 〈◊〉 which cannot be said of the reuiewe of the sentences of the diocesan Bishops by the Councell of the Prouince And therefore it must be supposed that this decree had bene inserted not into the catalogue of the Canons of the Councell of Nicea which contained but the twentie articles which wee haue but into the very acts of the Coūcell of Nicea which haue bene lost And of this kinde of decrees inserted not into the list of the Can ons of the Councells but into the acts of the Councells there are manie examples and in the matter of the Coūcell of Nicea it selfe For the Epistle of the same Coūcell of Nicea and the Councell of Antioch teach vs that the Councell of Nicea made a decree of the Pasch and S. AMBRO teacheth vs that the Coūcell of Nicea made a decree of the exclusion of these that were in 〈◊〉 from Priesthood and the Caluinists themselues are agreed that the Councell of Nicea made a decree of the Eucharist All which decrees are not inrolled into the Canons of the Councells of Nicea but haue bene necessaryly inserted into the Acts. Now what the conditions of these following Synods ought to be which iudged by Appeale of the iudgments of former Synods there is nothing to be found in Pope Iulius his Epistles only it is left to vs to coniecture that the subsequent Synods should be greater then the former Synods But wherein this Maioritie consisted that is to saie whether it should be a simple maioritie of number as the Arrians had monopolized it in the Councell of Antioch or whether it should be a maioritie as it seemes the third Councell of Carthage requires when it saies That when there hath bene an Appeale from what Ecclesiasticall Iudge soeuer to other Ecclesiasticall Iudges where there is greater authoritie the disannulling of the former Sentence hurts not the first iudges there is nothing found in Pope Iulius his Epistle only we learne from the practise of antiquitie that the maioritie of Councells did not alwaies depend of the number of Bishops but was often measured by the qualitie of him that was the head thereof although the number of Bishops were fewer as the Councell of the Primat of the Nation was reputed greater then that of the Metropolitan of the Prouince and that of the Patriarke greater then that of the Primat and that of the Pope yet greater then that of the Patriarke although there were fower Bishops For in the Councell of Rome which iudged saint ATHANASIVS his cause after the Councell of Antioch there were but fiftie Bisshops whereas in that of Antioch there were aboue ninetie And in this sence Balsamon a Schismaticall Greeke Author who rankes the Patriarke of Constantinople aboue the Pope pretends that the title of Uniuersall Bishop which in the Councell of Calcedon had bene giuen to the Pope should be also communicated to the Bishop of Constantinople for as much as Constantinople bore the title of second Rome and will haue it that the Synod of the Bishop of Constantinople should be esteemed greater then that of all the other Patriarkes of the Empire of the East Although saith hee that the Synod of Constantinople were not vniuersall for as much as other Patriarkes assisted not there neuerthelesse it seemes to me greater then all the other Synods and the Patriarke thereof is called vniuersall Patriarke Now it fell out a while after the holding of the Councell of Nicea that the Arrians made two breaches in these two decrees The one by abollishing the word Consustantiall which they ecclipsed from all their creedes And the other by the resistance that they gaue to the restitution that the Pope made of Athanasius Patriark of Alexandria of Paul Bishop of Constantinople of Marcellus Primat of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina and of Lucius Bishop of Adrianopolis in Thrace deposed a little before by the Councells of Tyre Antioch and Constantinople for diuers pretended crimes Some Secular as Athanasius for the crimes of Treason Adultery and homicide and other Ecclesiasticall The history of the first contrauention appeares by all the testimonies of Antiquitie And the history of the second by the report of Sozomene who after he had said Iulius Bishop of Rome hauing heard the accusations attempted against Athanasius of Alexandria Paul of Constantinop le Marce llus of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina Lucius Bishop of Adrianopolis in Thrace and hauing found them all consenting to the doctrine of the Councell of Nicea receiued them to his Communion and because to him for the dignitie of his Sea the care of all things apperteyned he restored them each one to his Church and writt to the Bishops of the East chiding them for not hauing obserued the right formes in the iudgement of these men and that they had troubled the Churches with not hauing kept within the compasse of the decrees of the Councell of Nicea and commaunded them to send a small number from amongst them all to appeare at a daie prefixed and to iustifie their Sentence Adds These things Iulius writt and Athanasius and Paule receiued each one his Church and sent the letters of Iulius to those of the East who finding themselues sharpely toucht therewith assembled themselues at Antioch and writt
Constantinople calls a most diligent Writer of the life of S. CHRISOSTOME And George Patriarke of Alexandria who liued a thousand yeare agoe witnesse not only as hath aboue appeared that the Canon of the Councell of Antioch that the Schismatickes of the East produced against S. CHRISOSTOME had proceeded from the Shopp of the Arrians but also that it had bene abrogated with the common voice of the Greeke and Latine Bishops by the Canons of the Councell of Sardica This Canon saith Palladius and after Palladius George Patriark of Alexandria and after George Patriarke of Alexandria Photius Patriarke of Constantinople was as impious and the worke of impious men abrogated in the Councell of Sardica by the Romans Italians Illyrians Macedonians and Greekes The second that Sozomene an antient Greeke historian and who liued neere an hundred yeares before Iustinian reportes for the defence of the same S. CHRISOSTOME an Epistle of Pope Innocent the first to the Constantinopolitans where hee writes speaking of the canons of the Councell of Antioch We saie not onlie that they are not to be followed but also that they must bee condemned with heretic all and Schismaticall doctrins as was done in the councell of Sardica by the Bishops that haue bene before vs. The third that Balsamon Patriarke of Antioch and guardian of the charters of the Church of Constantinople notes after all them that the 〈◊〉 canon of the Coūcell of Antioch was abolished by the fowrth canon of the Councell of Sardica Note saith Balsamon commenting the fourth Canon of the councell of Sardica that by this Canon the fifteenth Canon of the coūcell of Antioch was abrogated And comenting the fifteēth Canon of the councell of Antioch This Canon saith hee was disannulled by the fourth canon of the councell of Sardica The fowrth counterbattery is that the greeke edition of the Canons of the coūcell of Sardica is not a translation of the antient latine edition which was currēt whether in the time of Pope Zosimus or whether since in the time of Dionisius Exiguus but that it is a greeke edition primitiue and originall which was made in the councell itself whereof as holden vpon the confines betweene both empires the Canons were publisht from the beginning in both tongues This appeares by manie differences which are betweene the old latine edition and the greeke edition nor in substance but in the order in the phrases formes and circumstances and amongst others in the seauenth Canon of the latine edition which is the fourteenth in the greeke for the latine edition produced by Pope Zosimus his legates in the sixth councell of Carthage and inserted into the collection of Dionisius Exiguus and into that of Isidorus Mercator hath Osius saith If a Bishop moued with choler against a priest or deacon of his would cast him forth of the church it must be prouided that being innocent he be not condemned or excommunicated and therefore the excommunicated person shall haue power to interpeale the Bishops of the next Prouince and procure his cause to be heard by them And the greeke edition besides manie other differences hath it thus The excommunicated person shall haue power to haue recourse to the Bishop Metropolitan of the same Prouince and if the Bishop Metropolitan be absent to addresse himselfe to the Metropolitan of the next prouince and to require that his cause may be diligentlie examined A thing which euidently sheweth that the Greeke editiō was not taken from the latine edition which was curret be it in the time of Pope Zosimus be it in the time of Dionisius Exiguus but it is the antient originall greeke edition of the councell of which some clauses were lost in the latine edition from the time of Pope Zozimus and Dionisius Exiguus The fifth counter-batterie is that not only all the greeke editions as that of Photius Simon Logotheta Zonara Balsamō Alexius and other greeke canonists containe the same canons of the councell of Sardica but also all the other Easterne editions aswell Russian as Syrian Armenian Egiptian and Ethiopian as it appeares for the Syrian editions by the Syriack collections of the canons which is at Rome in the Bibliotheque of the great Duke Cosmo yet liuing whither the great Duke Ferdinand his Father made to be brought all the Syrian bookes that he could recouer in the East And in regard of the Ethiopian Edition by the Code of the Ethiopian canons which is at Rome in the howse of the Ethiopians and for the rest by the copies which are to be found in all the prouinces of the East by meanes whereof the canons of the Councell of Sardica must haue bene currant in the East longe before Justinians tyme the naturall Egiptian Churches which wee call Cophtichs and Ethiopians hauing seperated themselues from the greeke and latine churches from the time of the councell of Chalcedon and haue had since the time noe communion with them And finallie the sixth counterbatterie is that Theodoret who liued neere one hundred yeare before Justinian and that Iohn Patriarke of Constantinople who liued in the same age with Iustinian inserted into the collection of the Greeke Councells the canons of the Councells of Sardica with the other canons of the Greeke church for in the greeke Librarie of Queene Catherine of Medicis which was brought from Constantinople to Florēce by Demetrius Gara Lascaris other greekes 〈◊〉 frō the sack of Conctātinople and which is now vnited with the librarie of the most Christian kinge there is found an old Synagogue a manuscript of the canons reduced into fiftie titles by Theodoret Bishop of Cyre vnder which there is annexed a concordance of the imperiall lawes of Iustinian with the canons contained in these fistie titles made by Iohn Scolasticus Patriarke of Constantinople in both which workes the canons of the couūcell of Sardica are quoted and inserted equallie with the other canons of the Greeke church Now that this Synagogue which was the name that they gaue to the antient collections of councells as it appeares by the report of Socrates who cites the collections of Councells made by Sabinus vnder the title of a Synagogue of the councells is truly antient and certainly Theodorets is not to be doubted For besides this that the manuscript which is verie antient beares this title Synagogue of the Canons reduced into fiftie titles by Theodoret Bishop of Cyre And besides that the stile of the author is wholie agreeable to the stile of Theodoret there are manie thinges to shewe that this collection could not but bee made in Theodorets time that it is so first the author testifies in his exordium that there were but ten Synods celebrated since the Apostles to his time There haue bene said hee ten great Synods of the Fathers since the Apostles And propounding a while after in the forme of a table the canons of the same ten councells whereof his worke is compiled he placeth that of
caused the diuision of the Church especiallie in the West for whatsoeuer multitude of gouernments haue had place there vnder the title of Empire Kindome Principalitie and Common wealth and whatsoeuer difference of manners languages lawes and institutions that haue raigned there the Church hath bene no more visible in the tyme when the Empire was one and ruled ouer all the East and west then it hath bene vnder this diuersitie of Princes and gouernments Also the vnitie of the Church was not foretold by the Prophets only for the time wherein there should be but one tēporall monarcke in the world if euer that title could haue belonged to anie Prince but also for that tyme wherein there should bee seuerall kinges and Administrators of Estates according to this Prophecie of the Psalmist The Kings and Kingdomes shall agree in one to serue our Lord. Which caused S. AVGVSTINE to saie vnder colour that in the whole world Kingdomes are often deuided yet for all that Christian vnitie is not 〈◊〉 for as much as the Catholicke Church remaines on either part And indeede that the vnitie of the Church depends not from the vnitie of the Empire but from the relation to a visible center of the Ecclesiasticall communion it appeared sufficiently euen in the time of the greatest vnitie and extent of the Empire when the Christians which were vnder Firmus King of the Barbarians in Africa vnder Mania Queene of the Sarazins vnder Cosroes King of Persia states all distinct yea the most part of the time enemies to the Romane Empire And after in Damascus and other neighbouring Prouinces vnder the Kings of the Agarenians did all agree in the vnion and communion of the Catholicke Church For as for the deuisions which are at this daie in the East euery one knowes that that of Egypt and Ethiopia hath begun from the time of the vnitie of the Empire And that of the Armenians likewise as appeares by the decisiōs made against them in the Canōs of the Coūcell holden vnder Iustinian 〈◊〉 And that of the Nestorians and Iacobites which haue yet to this day their sect in Mesopotamia other partes of Asia likewise And as for the Greeke Church it is certaine that although it began to be diuided since the separation of the Empire neuerthelesse the cause of the diuision was not the diuision of the Empire vnder which it perseuered yet manie yeares in vnitie with the Latine but the Schisme betweene the two competitors of the Patriarkship of Constantinople Ignatius and Photius to which to make it the more lasting heresie was added and which the Emperors according as they haue bene good or euill haue indeuoured themselues to fomēt or stopp and there haue not wanted generall Councells euen of the two seuerall Churches to extinguish this diuision when they haue desired it For histories are full of these examples witnes that which was holden at Constantinople vnder the Emperor Basilius for the restitution of Ignatius that which was holden vnder Pope Innocent the third which wee call the great Councell of Lateran to reunite the Greeke church with the Latine and that which was holden for the same effect at Florence vnder Eugenius the fourth at which the Emperor and the Patriarke of Greece assisted in person As also the diuision of the Empire and the rule of the Greeke Emperors after of the Mahometan Princes did not hinder the Churches that acknowledged the Patriarke of the Syrian tongue whom we call Maronites from perseuering in the communion of the Roman Church In such sort as this varietie and diuision of sects in the East can not be attributed to the defect of the vnitie of the Empire since in the time that the Empyre was most vnited these troubles and innouations had such place therein as Socrates and Sozomene doe in the tyme of the Emperor Constantius set the mount Tuscis in Illiria for a bound betweene the quiet peace of the Church and the tempest and turbulencie of hereticks But it ought to be attributed to the want of constancie of the Easterne people or rather to the blessing of God vpon the Roman church which would shew that this prophecie Thou art Peter and vpon this Rock I will build my Church and the gates of hell shall not preuaile against it hath had some more speciall effect for the Sea of S. PETER then for those of the other Patriarkes according to that oracle of the great Leo Besides the stone that our Lord hatt sett for a foundation noe other building shall be stedfast Of the interpretation of these vvords Thou art Peter and vpon this Rock I will build my Church CHAPT III. The continuance of the Kings answere SINCE that time the Catholicke Church in truth hath not ceast to be for it shall allwaies bee and the gates of hell shall not preuaile against her who is founded on Christ the true stone and in the faith of PEETER and of the other Apostles THE REPLIE THat some times the Fathers expound these words Vpon this Rock I will build my Church of the Faith of S. PETER and say that the Church was built vpon the confession of PETER And that some times they expound it of the person of PETER and saie that the Church hath bene founded vpon the person of PETER they are not contrarie expositions the one excluding the other but conioynt the one including the other for they intend the Church to speake the Schoole language is built causallie vpon the confession of PETER and formallie vpon the ministrie of the person of PETER that is to saie the confession of PETER was the cause werefore Christ chose him to constitute him for the foundation of the ministrie of his Church By that saith saint HILLARIE the blessed Confession hath obtained his reward and that the person of saint Peter hath bene that vpon which our Lord hath properlie built his Church Soe as to saie that his Church is built vpon the confessio of PETER is not to denie that it is built vpō the person of PETER but it is to expresse the cause wherefore it is built vpon him noe more then to sale with saint HIEROME that PETER walked not vpon the waters but Faith is not to denie that saint PETER walked trulie properly and formallie vpon the water but it is to expresse that the cause that made him walke there was not the actiuitie or naturall vertue of his person but the faith that he had giuen to the words of Christ. And therefore as these two propositions the faith of PETER walked vpon the waters and the person of PETER walked vpon the waters are both true but in a different sence for the faith of PETER walked vpon the waters causallie as the Schooleme sare that is to saie it was the cause that the person of saint PETER walked there and the person of saint PETER walked there trulie properlie and formallie so these two propositions the Church was built vpon
the confession of PETER and the Church was built vpon the person of PETER are both ioyntly true but in different sence for the confession of PETER is the causall foundation of the Church that is to saie it is the cause for which the Church is built vpon the person of PETER rather then vpon that of anie other Apostle for as much as the primacie of this confession not proceeding nor preuented from or by anie humane instruction but proceeding immediatlie frō the pure reuelation of God the other Apostles being silent not knowing what to answere was the cause in fauour whereof Christ chose preferring him before all others saint PETER to constitute him the foundation of his Church And the person of Peter is the formall foundation of the Church that is to saie him vpon whose ministrie by preferring him before all others Christ hath built and edified his Church But the differenc of these two expositions is that the one is immediate and the other mediate the one direct and the other collaterall the one literall and the other morall the one originall and perpetuall and the other accessorie and temporall the one consigned from the beginning and the other introduced by occasion For before the Arrians were risen vp that is to saie before the age of Constantine and of the first Councell of Nicea the interpretation that was current in the Church was that not of the confession of PETER but of the person of PETER As when 〈◊〉 saith in his Booke of Prescriptions against heretikes Was there anie thing cōcealed from Peter who was called the stone of the building of the Church And ORIGEN See what is said to the great foundatiō of the Church and the solid stone vpon which Christ hath built his Church And elsewhere Peter vpon whō the Church of Christ hath bene built against which the gates of hell shall not preuaile And in the comentarie vpon the Epistle to the Romans trāslated by saint HIEROME When the Soueraigne authoritie of feeding the Sheepe was giuen to Peter and that vpon him as vpon a stone the Church was built the confessiō of anie other vertue was not exacted of him but onlie that of Charitie And S. CYPRIAN Peter whom the Lord chose first and vpon whom he built his Church And againe God is one and Christ is one and the Church is one and the Chaire is one built by the voyce of our Lord vpon Peter But after the coming of Constantine when the Arrians had lifted themselues vp against the diuinitie of Christ the Fathers finding no passage in the scripture more expresse to proue vnto them that IESVS CHRIST was the sonn of God not by adoption but by nature then this Confession of sainct PETER Thou art Christ the Sōne of the liuing God in which they held that the word liuing had bene expressely inserted to shew that IESVS CHRIST was the sonn of God by generation for as much as to engender as saie the Philosophers is proper to liuing thinges they tooke care as much as was possible for them to 〈◊〉 the dignitie of this confession And because that in fauour thereof and for it S. PETER had bene constituted foundation of the Church they licensed themselues to call it by Metonimy that is to say by translation of the name from the effect to the cause the foundation of the Church that they might haue the more occasion to declaime against those that destroyed it in reproching thē that they ruined the foundatiō of the Church that is to saie the confession in fauour whereof and for whose cause he that had made it had bene constituted foundation of the Church but neuerthelesse to shew that they intended not in doeing this to exclude the person of PETER from being the formall foundation of the Church that which the same fathers had said in one place of the confession of PETER as causall foundation of the Church they said it in an other yea often times in the same place of the person of PETER as formall foundation of the Church This appeares by saint HILARIE who disputing in his workes of the Trinitie against the Arrians after he had said This faith is the foundation of the Church by this faith the gates of hell are disabled against her this faith hath the keyes of the heauenlie Kingdome Adds immediately after to declare that this should be intended of the saith of sainct PETER causallie and meritoriouslie but of his person formallie that is to saie that this confession hath only bene the meritorious cause for which sainct PETER hath receiued these things but that it is the person of PETER that hath properly and formallie receiued them This is hee that in the silence of all the other Apostles acknowledging beyond the capacitie of human infirmitie the Sonn of God by the Reuelation of the Father 〈◊〉 〈◊〉 by the Confession of his blessed faith a supereminent place And a little after Hee hath confessed Christ to be the Sonn of God and for that he is called blessed This is the Reuelation of the Father this is the foundation of the Church this is the assurauce of eternitie from hence he had the keyes of the Kingdome of 〈◊〉 from hence his earthly iudgments become heauenly And a little before After the confession of the Sacrament the blessed Symon is submitted to the edification of the Church receiuing the keyes of the heauenly Kingdome And in his comentaries vpon the verie place of the words of IESVS CHRIST The confession of Peter hath receaued a trulie worthiereward And a little after in the title of a new name blessed foundation of the Church and worthie Stone of her edification that destroyed the lawes of 〈◊〉 and the gates of the deepes and all the prisons of Death O blessed Porter of heauen to whose arbitrement the keyes of the eternall entrie are deliuered whose iudgments on earth haue authoritie to preiudge in heauen And elsewhere Christ had so great a zeale to suffer for the Saluation of human kinde as Peter the first Confessor of the Sonn of God the foundation of the Church the Porter of the heauenly kingdome the iudge of heauen vpon earth disswading him he called him by the name of Satan And soe sainct CHRYSOSTOME interprets it that is to saie sometimes of his faith Upon this stone said hee that is to say vpon the faith of this confession And sometimes of his person Hee promiseth saith he to make a fisherman more solid then anie kinde of stones And vpon the fiftith Psalme heare what he saith to PETER That Pillar that foundation and therefore called Peter as made a Rocke by faith And againe that Pillar of the Church that basis of the faith that be ad of the Apostolick flock And saint CYRILL doth euen the same sometimes of his faith He hath said hee called the immutable faith of Peter his disciple a Rocke and sometimes of his
and roote of this vnitie and by relation and adherence whereto all the colledge of the Apostles and all the Bodie of the Church might be manitained in vnitie For the thinges which are plurall by themselues and are not one with locall vnitie cannot without loosing their vndiuided pluralitie be reduced to a visible vnitie vnlesse by relation to some thing which by it self may be visiblie one And secondlie to maintaine this vnitie it is necessarie further beside the internall authoritie essentiall to the Apostleship there should be an other externall authoritie and accessory to the Apostleship which might haue the superintendencie ouer the care of the preseruation of vnitie to cause the Apostles to exercise their Apostleship in vnitie And as the office of the cause is to rule his effect he that should be the beginning and originall of this vnitie should likewise haue the superintendencie ouer the rest for what concernes the preseruation of vnitie and by consequence that to him should belonge the supereminent iurisdiction ouer things necessarie to the maintenance of vnitie that is to saie ouer things necessarie to preuent schisme and hinder the disorder and confusion of the exercise of the ministrie as are the distinction and distribution either mediat or immediate ofiurisdiction the suspension limitation of the exercise of the ministrie and other such like Not that the Apostles for their maintenance in vnitie had neede that the effect of this Authoritie should be practised so euidently ouer them as ouer their sucessors because of the assistance that they had euery one in particular of the Spirit of God but to the end to propound to the Church a forme and a modell of the order that she should keepe after their decease 〈◊〉 as although there were noe neede of a Councell in the time of the Apostles to decide questions of Religion whereof euerie particular Apostle might be informed with all fullnes and certaintie neuerthelesse the holie Ghost would that they should vse this forme in the matter of legall things to leaue it for a patterne to the Church of the succeeding ages in like occurrences It was then the internall authoritie and essentiall to the Apostleship which consisted in the power of reuealing matters of faith with assurance of infallibilitie to make canonicall writings to institute the first mission of pastors remitt sinns to giue the holy Ghost and other the like that saint CYPRIAN spake of when he said that all the Apostles were indued with equall authoritie and not of the externall authoritie and accidentall to the Apostleship which was instituted to cause it to bee exercised in vnitie THIS appeares first because he touches before and after the originall of vnitie The Lord saith he buildes the Church vpon him being one and commaunds him to feede his sheepe And although he conferr like power after his Resurrection vnto all his Apostles and said to them As my Father sent me so send I you c yet to manifest vnitie he constitutes the Chaire one and disposeth by his authoritie that the originall thereof shall take beginning from one That certainly that Peter was the other Apostles were also indued with a like share of authoritie and power but the originall takes his beginning from one that the Church the Chaire may appeare to be one And a little after according to the antient manuscripts and the citations of Iuon and Gratian He that abandons the Chaire of Peter vpon which the Church is built can he bee confident of being in the Church And elsewhere Peter vpon whom one God hath built the Church and from whom he hath instituted the originall of vnitie This appeares secondly because he calls the Roman Church the Chaire of Peter and the principall Church from whēce Sacerdotall vnitie proceedes This appeares thirdly because saint HIEROME after he had repeated the same sentence of S. CYPRIAN in these words Thou wilt tell me that the Church is built vpon Peter though the like be done in an other place vpon others and that the fortitude of the Church doe leane equallie vpon all Adds but amongst twelue one is chosen to the end that a head being appointed the occasion of Schisme might bee taken awaie To teach vs that in all other things the Apostles were equall to saint PETER except in those that had regard to the preuention of Schisme and the preseruation of vnitie for the consideration whereof he had bene constituted head of the Apostles And finallie because Optatus Mileuitanus countryman to the one to witt saint CYPRIAN and timefellowe to the other to witt saint HIEROME cries out Thou canst not denie but that at Rome the Episcopall Chaire hath bene placed by the Apostle Peter c. in which the vnitie was obserued by all to the end that all the Apostles should not attribute to themselues to each one his Chaire but that he should be a sinner and Schismaticke who against the onelie Chaire should erect an other And a little after from whence is it then that you would vsurpe to yourselues the keyes of the Kingdome you that by your presumptions and audacious sacriledges combat against the Chaire of Peter To the eleuenth obiection which is that Eusebius ill translated by Russinus reportes from Clemens Alexandrinus that Peter James and Iohn established Iames brother to our Lord Bishop of the Apostles Wee answere that it is from a faultie Grammar a faultie-diuinitie For the greeke text saith of Hierusalem and not of the Apostles Peter saith he James and John contested not for glorie or opinion for greeke word signifies either but vnanimouslie constituted Iames brother of our Lord Bishop of Hierusalem that is to saie James and John did noe more stand vpon it to dispute for honor with S. PETER as they had formely done but vnited themselues with him to consecrate Iames Bishop of Ierusalem whereto the words of CHRISOSTOME agree about the iealousie that James and John formerly had of the Primacie of S. PETER Harken said hee how this same Iohn that latelie demaunded these thinges afterward wholie yeelds the primacie to Peter TO the twelfth obiection which is that S. CHRYSOSTOME vpō the proposition made by S. PETER in the first of the Acts to substitute an other Apostle in steede of Iudas writes See the modestie of James he had bene made the greeke saith he hath bene made Bishop of Hierusalem yet he saith not a word vpon this occasion Consider also the singular modestie of the other disciples how they yeelded the Throne to him and debated not more among themselues Wee answere that this obiection is Andabates fence For this concession of a Throne hath reference not to S. IAMES but to S. PETER who whilst he spake S. JAMES was soe modest as although he were so excellent that he was after made Bishop of Hierusalem he opened not his mouth and the other Apostles as James and Iohn Sōns of Zebedeus which had formerly bene iealous of S.