although the Ecclesiasticall Canon forbidds to rule the Churches without the sentence of the Bishop of Rome And likewise Zozomenus a greeke author alsoe and of the same tyme with Socrates IVLIVS saied he reprehended them that they had secretly and priuily altered the faith of the Councell of Nicea and for that against the lawes of the Church they had not called him to the Synod for there was a Sacerdot all lawe which imported that all things which were done without the aduice of the Bishop of Rome should be inualid And why then when Eusebius of Nicomedia vsurper of the Bishopricke of Constantinople and firebrand of the Arrian faction and the other Arrians his complices sawe that the deposition of Saint ATHANASIVS that they had packed in the councell of Antioche was argued of nullitie because the Popes authoritie did not appeare therin Did they aduise themselues to repaire this defect to preuent the Pope and to pray him to calle the cause to his tribunall EVSEBIVS saith Socrates haueing done in the councell of Antioche what he listed sent an Embassador to JVLIVS Bishop of Rome requiring him to be iudge in the affaire of ATHANAS and to call the cause before him And this not after the voyage of S. ATHANAS to Rome as Socrates and Sozomene and the Protestants with them pretend but before as IVLIVS recited by S. ATHANASIVS saint ATHANASIVS himselfe and THEODORET doe writness ATHANASIVS said IVLIVS is not come to Rome of his owne motion but haueing bene called and hauing receiued ãâã from vs. And saint ATHANASIVS EVSEBIVS and his partie writt to Rome that is to ãâã to the Pope they writt alsoe to the Emperors CONSTANTINE and CONSTANT C. that is to saie to CONSTANTINE Emperor of the Gaules whose residence was at Treuers and to CONSTANT Emperor of Itali and Africa whose residence was at Millen but the Emperors reiected them and as for the Bishop of Rome he answered that we should keepe a Councell where we would And in an other place The Eusebians writt to IVLIVS and thinkinge to terrifie vs demaunded of him that he would call a Councell and that himselfe if he would should be the iudge thereof That is to say they demaunded either that the Pope would keepe a Councell out of Rome in which the cause might be iudged in the presence of his Legates or that he should iudge it himselfe at Rome if he pleased And a while after But when they heard the newes of our arriuvll at Rome they were troubled not expecting our comeing thither And THEODORET Assoone as ATHANASIVS receiued the citatior from IVLIVS he transported himselfe in diligence to Rome And why then when the same IVLIVS obiected to the Arrians the enterprise of the Councell of Antioch did he reproch them that against the custome of the Church they had deposed saint ATHANASIVS in the Councell of Antioch without attending first for a decision from Rome Are you ignorant said Pope IVLIVS in the second answere to the Arrians recited by saint ATHANASIVS that the custome is that we should be first written to and that from hence the iust decisions of things should proceede And therefore if there were anie suspicion conceiued against your Bishop there you must haue written to this Church A manifest argument that the request that the Arrians a while after the Councell of Antioch had made to the Pope to call the cause of ATHANASIVS before him and to call a Councell to iudge it or to iudge it himselfe if hee would was noe newe attribution of iurisdiction to the Pope as the aduersaries of the Church imagine but a truce of their rebellion to the Popes iurisdiction For how could the Pope haue reproached to the Arrians that the Councell of Antioch against the ancient custome of the Church had deposed saint Athanasius without stayinge for a decision from Rome if the Pope had not had right to iudge the cause of saint Athanasius but since the Councell of Antioch And how could the Arrians themselues haue inserted 15. yeares after these wordes in the false letter that they inforced Pope Liberius to write against saint Athanasius I haue following the traditions of the ancients sent on my behalfe Lucius Paule and Aehanus Priests of the Roman Church into Alexandria to Athanasius to cause him to come to Rome that we might ordaine himselfe beeing present vpon his person what the discipline of the Church exactes if this right had bene from the newe attribution of the Arrians and not from the ancient tradition of the Church and euen from that that IVLIVS newly came from speaking of For the things which wee haue receiued from the blessed Peeter I doe signifie them to you But let vs againe goe forward with our interrogatories And why then when the articles of the Eusebians against S. Athanasius were brought to Rome did the Pope vpon the accusation of one of the parties as the common iudge adiourne or giue them both a day and that following the Ecclesiasticall Canon Julius saith Theodoret following the Ecclesiasticall lawe commannded the Eusebians to present themselues at Rome and gaue assignation to the diuine Athanasius to appeare in iudgement And why then when those greate Prelates Athanasius Patriarke of Alexandria Paule Bishop of ConstaÌtinople MARCELLVS primate of ãâã in Galatia ASCLEPAS Bishop of Gaza in Palestina LVCIVS Bishop of Andrinopolis in Thrace who had bene accused of diuers crymes some Secular As Athanasius of the crymes of manslanghter and Rape and other Ecclesiasticall as the same Athanasius to haue caused a Chalice to be brokeÌ And Asclepas to haue ouerthrowne an Altar and had bene deposed from their seates by diuers councells of Thrace and of Asia and had bene heard at Rome did the authors of the Ecclesiasticall histories say that the bishop of Rome restored them forasmuch as to him because of the dignitie of his sea the care of all thinges appartained IVLIVS Bishop of Rome said Socrates because of the priuiledge of his Church armed them with couragious letters and sent them backe into the East and restored to eache of them his place rebukeinge those that had ãâã deposed them And Sozomene the Bishop of Rome haueing examined their complaints and found that they agreed touchinge the decree of the Councell of ãâã receiued them into his communion as conformable and of the same beliefe And because that to him for the dignity of his Sea the care of all things belonged he restered to euery one of them his Church For as for the out ragious letters that those of the East that is to say as it shall appeare heereafter the Bishops of the Patriarckship of Antioch and their complices who were Arrians writt against IVLIVS in hate because he had broken their Councell and restored saint Athanasius I meane to confute them particularly in an other place It shall suffice nowe that I say two thinges one
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 ãâã saith that the Death of Pope Felix was the prouidence of God least the Sea of PETER might be dishonored being gouerned by two ãâã and that saint IEROM writes to Pope DAMASVS I am ioyned in communion with thy ãâã 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 ãâã to the author of their name and dignitie and that the Legates of Pope ãâã 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 whoÌ Christ had coÌsigned 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 ãâã writt to Alexander the Patriarke of Antioch The Sea of Antioch had not giuen place to Rome had it not bene that what that ãâã 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 theÌ 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
in the epistle to Iohn Bishop of Syracusa Who doubts but the Church of Constantinople is subiect to the Sea Apostolicke which the most Religious Lord the Emperor and our brother the Bishop of the same cittie protest continuallie Hee writes in the Epistle following to the same Bishop If there be anie cryme found in Bishops I know noe Bishop but is subiect to the Sea Apostolicke but when crimes exact it not all according to the condition of humilitie are equall He writes in the Epistle to Iohn the defendant correcting the iudgement which had bene giuen against the Bishop Steuen If they answere he had neither Metropolitan nor Patriarke it must be replied that the cause should haue bene heard and determined by the Sea Apostolicke which is the head of all the Churches He writes in the Fpistle to Iohn Bishop of Panormus Wee admonish thee that the Reuerence of the Sea Apostolicke be not troubled by the presumption of anie For then the state of the members remaines intire when ãâã iniurie is done to the head of the faith He writes in the Epistle to Natalis Bishop of Salona If one of the fower Patriarks had committed such an act so great a disobedience could not haue passed without a grieuous scandall He annulled in his Epistles to Iohn Bishop of Constantinople the Iudgement of the Church of Constantinople against Iohn Priest of Chalcedon Reprouing said he the sentence of the foresaid Iudges we declare him by our definition to be Catholicke and free from all hereticall crime And elsewhere Knowst ãâã not that in the cause of Iohn the Priest against our brother and Colleague John of Constantinople He had recourse according to the Canons to the Sea Apostolicke and it hath bene defined by our sentence He abrogated in his Epistle to Athanasius ãâã Regular of Lycaonia the decree of Iohn Bishop of Constantinople against him and restored him to his place Wee decree thee said he to be exempted from all blott of hereticall frowardnes and doe grant thee free leaue to returne into thy Monasterie and to holde the same place and ranke as thou didst before He abrogated in the Epistle to Iohn Archbishop of Larissa in Thessalia the sentence of the same Archbishop of Larissa against Adrian Bishop of Thebes and one of the fuffragans of the Archbishopricke of Larissa and ecclipsed the Bishopricke of Thebes from the iurisdiction of the Archbishopricke of Larissa and ordained that if the Archbishop of Larissa should euer more vndertake to exercise iurisdiction ouer the Bishop of Thebes he should be depriued of the communion of the Body of Christ and that it might not be restored to him except at the point of death but by the leaue of the Bishop of Rome Wee ordaine said hee that thy brotherhood obtaine from the power thou hadst before ouer the Bishop of Thebes and ouer his Church and according to the letters of our Predecessor for if anie cause either of faith or of crime or of money be pretended against our said Colleague Adrian it may be iudged if it be a matter of meane importance by our Nuncios which are or shall be in the Royall Cittie that is to saie in Constantinople and if it be a matter of Weight that it should be reported bither to the Sea Apostolicke to be decided by the sentence of our audience And if at anie time or for what occasion ãâã thou doe attempt to contradict this our decree know that we declare thee ãâã from the sacred Communion soe as it maie not be restored to thee vnlesse in the article of death but with the leaue of the Bishop of Rome And finally he abrogated in his Epistle to John Patriarke of the first Iustinianea who had confirmed the sentence of the Archbishop of Larissa the iudgement of the said Iohn Primate of the first Iustinianea and condemnes him to remaine depriued of the communion of the Bodie of Christ for the space of thirtie daies Abrogating said hee and annulling the decrees of thy sentence Wee decree by the authoritie of the blessed Prince of the Apostles that thou shalt be depriued of the sacred communion for the space of thirtie daies Nowe what was this but to crye with a lowde voice that in refusinge the title of Vniuersall he refused not therefore the title of Head of the Church and the Iurisdiction and superintendency ouer all other Bishops Archbishops and Patriarks Of the Order of sitting in the Councell of Nicea CHAPT VIII BVT Caluin to fight against this doctrine and to proue that the Pope is not head of the Church nor Superior to the other Patriarkes vseth fower principall meanes first that the Popes legates haue not presided in the ancient Generall Councells The secoÌd that the Pope called them not The third that the appeales of Bishops were not to the Pope And the fourth that the Canons of Africa forbadd the Bishop of the first Sea by which Caluin impertinently ãâã the Pope to call himselfe Prince of Bishops and the first meanes he striues to proue by Seauen examples which wee had best confute all at a clapp for ãâã they will obiect them to vs in a second Answere He produceth then before all things the order of the Councell of Nicea which he ignorantly calls the Councell of Nice not knowing that the Councell of Nice was an hereticall Councell that the Arrians held at Nicé in Thrace to deceiue the Catholicks by the affinitie of the words Nice and Nicea ãâã ãâã ãâã ãâã ãâã and ãâã ãâã ãâã ãâã ãâã compounded almost of the same letters The Arrians saith the Epistle of the Asians to Liberius caused to be signed by fraude and periuries at Constantinople a faith contrarie to that of the holy Councell of Nicea which had bene brought from Nice in Thrace And Socrates They transported themselues into a cittie of Trace called Nice and after a longe st aie held there an other Councell c. to surprise the simple by the affinitie of the words For the simple people belieued that it was the faith of Nicea in Bithinia And Theodoret They brought manie Bishops against their wills into a Towne of Thrace whose name was Nice And Sozomene Passing through Thrace they came into a cittie of the Countrie called Nice ãâã there kept a Conuenticle c. And this they did expressely at Nice to the end to perswade the simple people to coÌsent to it ãâã by the neerenes of the words and belieuing it to be the decree which was made at Nicea For although Stephanus doe indeede put in a Cittie of Nicea in Thrace neuerthelesse besides that Ammianus Marcellinus saith that the ãâã of Thrace situate vpon the passage from Italie to Constantinople which was the same wherein the Arrians had held their false Councell was called Nice The GreciaÌ Ecclesiasticall historians very notablie marke this difference betweene the Councell of the Catholiques and that of the Annians vpon
execute at Constantinople the rudgement pronounced at Rome against Nestorius Archbishop of Constantinople Adding to thee said Pope Celestine in his Epistle to saint CYRILL the authoritie of our Sea and vsing with power the representation of our place thou shalt execute exactlie and constantly this Sentence to witt that if within ten daies reckoned since the day of this monitory Nestorius doe not anathematise by writing his wicked doctrines c. thy holynes should prouide for that Church without delaie and declare him to be wholie cutt of from our Bodie And in the Epistle to Nestorius read and inserted into the Acts of the Councell Wee haue sent the forme of this iudgement with all the verball processe to our holy fellow-Bishop of Alexandria to the end that he being made our Uicar may execute these things And in the Epistle to the Clergie of Constantinople Wee haue conferred our Uicarship because of the farr distance of places to our holie brother Cyrillus And the Councell of Ephesus in the relation to the Emperor The sentence of him and his before there was anie Synod assembled at Ephesus the most holy Celestine Bishop of great ãâã had testified by his letters and had committed to the most holy and most beloued of God Cyrill Bishop of Alexandria to be his Uicar And saint CYRILL himselfe in the Epistle against Nestorius addressed to the Constantinopolitans Wee are constrained said hee to signifie to him by Synodicall letters that if ãâã speedilie that is to saie within the time defined by the most holy Bishop of the Roman Church hee renounce not the nouelties of his doctrine he shall haue noe more communion with vs nor place amongst the Ministers of God And secondly Celestine making saint CYRILL his vicar it was by forme of commission and not by forme of intreaty Hee committed to him saith the Councell of Ephésus to be his Uicar And Marcellinus Comes of the same tyme with Iustinian Nestorius was condemned at Ephesus in a Synod of two hundred holie Fathers Celestine declaring to the Councell Cyrill Bishop of Alexandria his Uicar for the time And Liberatus the African author of the same age Celestine signified to Nestorius that he had giuen his Uicarship to CYRILLVS And Theophanes the Greeke-historian Celestine of Rome writt to Cyrill of Alexandria to holde his place in the Synod And Balsamon not onely a Grecian but a Scismaticke Celestine when he could not assist at Ephesus and iudge Nestorius in person thought good to permitt saint CYRILL to preside in his place at this Councell And Nicephorus Celestine Bishop of Rome refused to assist at the Councell of Ephesus for the perill of the nauigation but he writt to CYRILL to holde his place there and after that time the fame goes that Cyrill receaued the Tyara and the name of Pope of iudge of the whole world And thirdly who reuealed to Caluin that it was not in the qualitie of the Popes Legats but in his owne name that saint CYRILL presided in the Councell For did not Prosper an author of the same tyme say To the heresie of Nestorius CYRILLS industrie and Celestines authoritie principallie resisted And againe Celestine cutt of the Nestorian impietie aided CYRILL with the Apostolicke sword And the letters of the Bishops writing from Constantinople to the Councell Doe they not beare this superscription To the most holie and beloued of God Bishops and Fathers who by Gods grace are assembled in the Metropolitan Cittie of Ephesus Celestine Cyrillus Iuuenall and others to shew that the Pope though absent preceded saint CYRILL euen in the person of saint CYRILL And did not the Popes legates thanke the Fathers of the Synod because they had shewed themselues holie members to their holie head that is to saie to the Pope And saint CYCILL writing to Pope Celestine Doth he not call him his Father though himselfe were an ancienter Patriark by tenn yeare then Celestine And did not the Councell in the Bodie of it make themselues executioners of the Popes Indgements against the same Nestorius when they said Wee are come not without teares to pronounce this sadd sentence constrained by the force of the Canons and by the letters of our holy Father and fellow-Minister Celestine And then if Alexander Bishop of Alexandria had not presided at the Councell of Nicea but was there preceeded by two simple priests of the Roman Church Vito and Vincentius why should saint CYRILL one of his successors and Patriarke of Alexandria as he was and noe lesse enemie to Nestorius then Alexander was to Arrius haue presided at that of Ephesus a cittie that was in Asia and out of the Patriarkship of Alexandria as well as Nicea was And if that appertained by right to saint CYRILL for what cause did Dioscorus his Successor obtaine surteptitious letters from the Emperor vnder pretence of the refusall that Eutyches made of the Popes legates forasmuch as they had bene intertained feasted and gratified with presents by his aduersarie that is to saie by Flauianus Archbishop of Constantinople to preside at the false Councell of Ephesus And for what cause notwithstanding the said letter was hee accused for this attempt at the Councell of Chalcedon as for a newe and vnheard of enterprize He must said Lucentius Bishop of Ascoli giue vp an ãâã of his iudgement for asmuch as hauing noe right to doe the Office of a Iudge he hath vsurped it and hath presumed to hold a Synod without the authoritie of the Sea Apostolicke which hath neuer bene lawfull neither was euer done And for what cause did the Councell of Chalcedon call his presidencie Tyrannie and Uictor of Tunes author of the following age vsurped principalitie for whereas Caluin adds that at the Councell of Ephesus the other legates of the Pope sate after saint CYRILL that was because saint CYRILL had bene first deputed and before the Councell and that the others came thither but at the end thereof and besides that amongst colleagues of one same legation he that of himselfe was alreadie in greatest dignitie was to precede Of the order of the sittings of the second Councell of Ephesus CHAPT X. THE third obiection of Caluin is That in the second Councell of Ephesus Dioscorus Bishop of Alexandria presided and that although the issue of this Councell was vnlawfull neuerthelesse at the beginning when order was yet obserued the Popes deputies did not question him ãâã the first place An obiection that containes as manie falshoods as wordes For first the second Councell of Ephesus that the Greekes call the Councell of robbery was all disordered from the beginning to the ending Those things shall cease said the lawe which haue taken their originall from iniustice And indeede how could it be otherwise hauing begunn by practises by Steele and weapons for Chrysaphius Master of the imperiall pallace who was an Eutychian and Eutyches his
Bisop of Aptunge they first obtained a iudgement of seauentie Bishops in Africa against him Then discerning that Cecilianus dispised ãâã iudgement as well because it was giuen against an absent person as because as saint AVSTINE saith that he sawe himselfe vnited by communicatory letters with the Roman Church in the which adds the same saint AVGVSTINE hath alwaies flourisht the principalitie of the Sea Apostolicke and with the other Countries from whence the Ghospell came in to Africa they resolued to pursue beyond the seas a new iudgement Now they seared the Popes Tribunall both in generall because all Italie had bene trobled with persecutions vnder the Empire of Dioclesian by meanes whereof they figured to themselues that there would be manie Bishops that had bowed or bent and consequentlie would supporte the cause of Ceci ãâã and in particular if wee beleiue the Donatists in the conference of Carthage because the Pope Melchiades was suspected by them as a complice as they pretended of the same crime or one equiualent to that of him that ordained Cecilianus They began said saint AVGVSTINE speaking of the Donatists of the conference of Carthage to charge Melchiades of the crime of Treason and to ãâã that their superiors had shunned his iudgement because he was a Traytor For these causes then that is to saie be it for the suspition that they had in common against all Italie be it for that they had in particular against the Pope they addressed themselues to the Emperor Constantine who then was resident amongst the Gaules and besought him to giue them iudges from amongst the Gaules because in that prouince whereof his Father Constantius had had gouernment there had bene noe persecution which was to refuse in generall all the prouinces where Dioclesians persecution had taken place amongst which Italie was one of the principall Your Superior saith Optatus Mil. presented to the Emperor yet ignorant of the affaire the request which followes Wee beseeche thee ô excellent Emperor Constantine because thou art of a iust race whose father amongst all the Emperors neuer practised anie persecution and that the Gaules are freed from this crime for in Africa there are contententions amongst vs let there be giuen to vs Iudges from amongst the Gaules And what meruaile is it if they addressed themselues to Costantine since after they had recourse to the Emperor Iulian the Apostata a pagan and an infidell prince the Emperor Constantine amazed and angrie with this proceeding reproached it to the Donatists and obiected to them that they would receiue iudgement from him who himselfe did attend the iudgement of Christ. He durst not saith saint AVSTINE iudge the cause of a Bishop And Optatus Mileuitanus from whom S. AVGVSTINE borrowed this historie Hee answered them saith hee with a spirit full of indignation you aske of me iudgement in this world of me I saie that doe my self attend the iudgement of Christ that is to saie you would haue me constitute my self for a Iudge of the Ministers of Christ I that doe my self attend the iudgement of Christ. Which was the same protestation that he made afterward at the CouÌcell of Nicea in these wordes repeated by our glorious CHARLEMAINE To me who am constituted in a lay condition it is not lawfull to iudge of Bishops And this the Emperor Ualentinian renewed in these wordes repeated by saint AMBROSE and by the same CHALEMAINE Your businesse ô Bishops is farr aboue vs and therefore treate amongst you of your causes And that S. ATHANASIVS remeÌbred to the Emperor Constatius in these termes What hath the Emperor in common with the iudgement of Bishops And againe when did the iudgements of the Church take their force from the Emperor And saint MARTIN to Maximus This is a new and neuer heard of impietie that a secular iudge should iudge a cause of the Church And this was the first protestation of irregularitie made by the Emperor Constantine against the Donatists to witt that leauing the waie and the ordinarie progresse of the iudgments of the Church they had recourse to him to obtaine Iudges and which hath bene alwaies followed since by the pious and religious Catholicke Emperors This request neuerthelesse of the Donatists that the Emperor reiected as a iudge he beleiued that hee ought not altogether to reiect as an arbiter and compounder of the busines but thought it to bee to purpose in some sorte to make vse of the arbiterment that the Donatists referred to him to assaie to reconcile them to the Catholickes whose communion he held and for that occasion assured himselfe that he ought to be auowed and agreed vnto by them And therefore desiring on the one side to preserue the forme of the ordinarie iudgements of the Church on the other side being constrained to giue some waie to the hardnes of those that he desired to bring backe by faire meanes he remitted them froÌ the Gaules to Rome to be iudged by the Pope Melchiades with the assistance of three Bishops of the Gaules that he caused to trauaile thither Maternus of Cologne Rheticius of Autun and Marinus of Arles that they might be wittnesses and warrants of the sinceritie of his proceedings I haue ordained saith the Emperor in his Epistle to Melchiades euill inscribed to Mechiades and to Marcus that Cecilianus with ten of his accusers and ten of his abetters that is to saie ten AfricaÌ Bishops which opposed him and ten of Africk Bishops which maintained him trauelled so farr as to Rome that in your presence ioyning with you Rheticius Maternus and ãâã your Colleagues whom for this effect I haue enioyned to trasport themselues to Rome he may be heard so as you shall know that it belonges to the most religious lawe I haue said in the Epistle euill inscribed to Melchiades and to Marcus for there it must be read ãâã ãâã ãâã ãâã ãâã and not ãâã ãâã ãâã ãâã ãâã as well because Marcus was not Bishop of Rome till after Siluester Successor to Melchiades as because if this Marcus had bene anie other then a Bishop the Emperor would not haue said ioyntlie with you your colleagues Rheticius Maternus and Marinus And if he had bene Bishop hee had not directed ãâã letter to Melchiades Bishop of Rome and to Marcus without adding to it the qualitie of Bishop These three Bishops of the Gaules then hauing bene vpon the nomination of the Emperor admitted by the Pope and called by him to the Councell of Rome became iudges of the right of the affaires Now to whom doth it not heereby appeare quite contrarie to that which the Caluenists pretended to inferr For first if the Emperor as he protests himselfe had noe right to iudge the causes of Bishops howe could hee in right giue them Iudges I saie in right and not in fact for as much as the Emperor could well giue them Iudges in fact and whose
that the Bishops which iudged at Rome had not bene good Iudges yet there remained the vniuersall Councell of the whole Catholicke Church Doth it not verisie that after the Popes iudgement supposing and not graunting that it had bene subiect to appeale there remaines noe other iudgement but that of the generall Councell of the whole Church But let vs returne to the Councell of Arles From this Councell then the Donatists had againe recourse to the Emperor and forced him to examine the cause himselfe And this was the fowrth irregularitie as it appeares by the protestation that the Emperor made for which he would aske pardon of the Bishops He gaue waie saith saint AVGVSTINE to their importunitie to stopp their mouthes and yeilded ãâã sarr as to iudge this cause after the Bishops but with an intent afterward to craue pardon of the holie Bishops Now how can an example for which the emperor protests that himselfe will craue the Bishops pardon serue for a lawe to the Bishops yet this was not all for the Donatists did noe more obey the iudgement of the Emperor then they had done to that of the Councell of Rome holden in the Popes presence or to that of the Councell of Arles holden in the presence of the Popes legates but disavowed the Petitions that they had presented to the Emperor Constantine and said that that busines was not for the emperors examination and that it was not their solicitation that brought it before him and cast this imputation vpon the Catholickes soe as the last dispute was whether the Catholickes or the Donatistes had caused the Emperór to intervene in this cause both disavowing it If he be culpable saith saint AVSTIN speaking of the Bishop Felix who ordained Cecllianus whoÌ the Emperor had caused to be heard before the ProcoÌsull of Africa that hath bene absolued by an earthlie iudge not hauing demaunded it how much more are those ãâã that wouldhaue an earthlie king to be iudge of their cause For if it be noe crime to haue appealed to the Empero rit is noe crime to haue bene heard by the Emperor neither theÌ by him to whom the Emperor had delegated the cause that is to saie by the Proconsull And againe know that your superiors haue first brought Cecilianus his cause before Constantine oblige vs to proue it to you and if wee proue it not doe with vs what you can Now let vs recapitnlate all the heades of this historie The first head saie the Caluinists was that the Donatists addressed themselues to the Emperor Constantine to aske Iudges of him it is true but what consequence can you drawe froÌ this exaÌple For were not the Donatistes alreadie Schismatickes and separated from the obedience and from the communion of the Church And besides had not they recourse afterward to the Emperor Iulian the Apostata a pagan and insidell Prince to recouer their Churches that the Christian and Catholicke Princes had taken from them and with this Elogie that in him onely all iustice remained And did not saint AVGVSTINE crie out to them If it were in your power you would not now call against vs the Emperor Constantine because he fauors the truth but you would rather call Iulian the Apostata out of hell The second head was that the Emperor partlie yeilding to their importunitie graunted them Iudges from the prouince that they had demaunded that is to saie from the Gaules it is true but did not the Emperor protest before he graunted this to them that it belonged not to him who attended the iudgement of Christ to meddle with the iudgements of Christ's Ministers And after he had graunted them this did he not remitt them to Rome to iudge the cause with the Pope and vnder the Presidencie and direction of the Pope The third head was that the Donatists appealed from the Popes iudgement to the Emperors iudgement it is true But doth not the Emperor crie out that this appeale was a thing not fitt to be spoken or heard that it was a madd impudence of furie that it was a recourse from he auenlie to earthlie iudgement and a manifest contempt of Christ's authoritie The fowrth head was that notwithstanding this protestation the Emperor graunted them a Councell at Arks it is true but doth not saint AVGVSTINE testifie that it was an irregular action when he saith that the Emperor did it giuing waie to the peruersues of the Donatists And that the Popes legates and the assistants that were with him at the Councell of Rome were present at that of Arles And that the Fathers of the Councell bewailed that the Pope could not assist there and said that if he had bene there present they had pronounced a more severe sentence against the Donatists doth it not proue that it was not a iudgement of appeale but a more ample reuiew of the cause which the Donatists said was not fullie heard The fift head was that the Donatists had recourse againe from the councell of Arles to the Emperor and prayed him to take the examination of the cause himselfe which he did it is true but doth not saint AVGVSTIN saie that he protested the he would afterward craue pardoÌ of the holy Bishops And doth he not further testifie that the Donatists did noe more agree to the Emperors iudgement then to the former The Emperor saith hee is chosen iudge the Emperor iudging is dispised With what ingenuitie then can Caluin and his disciples saie that this historie is enough to end the question and fully to cleere the busines for who sees not that these proceedings not hauing bene at the instance of the Catholicke partie and according to the ordinary formes of the Church but at the instaÌce of the hereticall partie and by extraordinarie waies and against which the Emperor himself protests for iniustice for furie for impietie and obligeth himselfe to aske the Prelates pardon And hauing finally bene reiected and disauowed euen by those that had solicited for them and as it were snatched it out of the Emperors handes there is noe more iustice in makinge vse of them to the preiudice of the ordinarie lawes of the Church and to propound them for copies and paternes of the ancieÌt forme and ecclesiasticall discipline then to alleadge against the present authoritie of the Pope and the Councell the audience and conference that King Charles the ninth graunted at Poissy to the Protestants of his Kingdome after the councell of Sens and Trent to the end to proue to bring them backe to the church by way of mildenes and accommodation and to inferr from thence that the Conference of Poissy was giuen aboue the Councells of Sens and Trent Of the decree of the Mileuitan Councell concerning the beyond Sea Appeales CHAPT V. THE fowrth instance of Caluin is that in the Mileuitan Councell holden vnder Pope Innocent the first thousand two hundred yeares agoe the Bishops
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 ãâã transmarine Churches For adds he a little ãâã 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 theÌce that the Donatists who vpon the onelie sentence of the Councell of Africke without attending a iudgement froÌ beyond Sea had instituted an other Archbishop at Carthage were ãâã For the priuiledge that the Bishops of Africke had that they might appeale beyoÌd 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 giueÌ not grauÌted that they had iust cause to refuse the Pope in anie affaire till the iudgemeÌt of all the other traÌsmarine 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 ãâã of
not be lawfull for a Bishop accused to appeale froÌ the Patriarkall Synod to theÌ Generall Councell or to the Pope who was the head thereof and represented it but that it should not be lawfull for the accuser after the Cause had bene adiuged in the first instance by the prouinciall Councell and in the second by the Patriarchall Coucel to pursue it elsewhere no not before a Generall Councell as appeares by the Conclusion of the Canon which is If anie one despising the thinges aforesaid shall dare to importune the eares of the Emperor or the iudgement of the secular magistrates or disunite the Generall Councell c let him be no more ãâã waie receaued in his accusation Otherwise how could saint CHRYSOSTOME being deposed a while after this Councell by a Councell holden at the instance of the Emperor and the Empresse in thè Suburbs of Constantinople haue appealed to a Generall Councell And how a little after seeing himself depriued of the Pope of a Generall Councell because of the obstacle that the Emperor of the East and the Empresse his wife without whom a Generall Councell could not be celebrated gaue to it could he haue appealed to the Pope And how could the Emporor Ualentinian haue said that Flauianus Bisho of Constantinople had appealed to the Pope according to the custome of Councells And how could the Councell of Chalcedon holden at the gates of Constantinople haue approued of the appeale of Theodoret Bishop of Cyre a cittie of the Patriarkship of Antioch to the Pope and the iudgment of restitution be giuen by the Pope vpon his Appeale To the third Instance which is that the Emperor Justin ordaines that clerkes should be first iudged by their Bishop and then by their metropolitans and then by the Patriarkes of the Nation and should obey the things decided by him as if from the beginning he had bene the iudge for as much as against the sentence of such Bishops the former Emperors had ordained that there should be noe appeale Wee answere that he speakes of the causes of inferior clerkes who in the first instance ought to be iudged by their Bishops in the second by the metropolitans and in the third by the Patriarke and not of the causes of Bishops And where as he saith that against the sentence of such Bishops the former Emperors haue ordained that there should be noe appeale wee say with Balsamon that the place is corrupted and thus it must bee reads against such sentence of Bishops to witt against the sentences of Bishop giuen in lay matters and it must bee interpreted of the appeale to the secular Tribunall as appeares by the same lawe of the Emperors Arcadius Honorius and Theodosius to which that of Justin remitts the Readers which ordaines that the sentences of Bishops should be as those of the Prouostes of the Pretory from whence it is not lawfull to appeale Wee ordaine said the Emperors writing to Theodorus Prouost of the Pretorie that the Episcopall sentence shall remaine firme in the behalse of those which haue desired to be iudged by the Bishops add that like reuerence be giuen to their iudgements as to yours from whence it is not lawfull to appeale And by the report that Photius made of the same law in these wordes The ninth constitution of the fourth title of the first booke of the code saith That the Sentences of Bishops should bee as those of the prouostes of the ãâã from whence it is not lawfull to appeale that is to saie that it is noe more lawfull to appeale from the sentences of Bishops to the imperiall Tribunall then from those of the Prouost of the Pretory for the Emperors might well ordaine that for things temporall there should be noe appeale from the Bishops to them but not that for things sperituall there should be noe appeale froÌ Bishops to the superior ecclesiasticall Tribunalls To the fourth instance which is that the Emperor Iustinian ordaines that if anie clerke or layman attempt an action against a Bishop for what cause soeuer the cause should be iudged before the metropolitan and that if any one contradict the things iudged the cause should be referred to the Blessed Archbishop and Patriarke of the diocesse and there according to the lawes and canons he must end it And a little before that if two Bishops of one selfe Sinod haue a contestatioÌ one against the other the Metropolitan with two of the Bishops of the Synod that is to saie of the Episcopall societies of the Prouinces shall iudge thereof and that if one of the parties contradict it the blessed Patriarke of the nation shall decide it without that either of the parties can contradict it Wee answere that he speakes of the causes of Bishops where there interuenes noe deposition the finall deposition of Bishops hauing bene aliwaies subiect to appeales be it to the Pope or to a Generall Councell as appeares by the historie of ãâã time-fellowe with Iustinian who saith that John Patriarke of Alexandria hauing bene deposed at the instance of the Emperor Zeno by the Synod of the Prouince appealed to the Pope And by saint ATHANASIVS who reports these words out of the Epistle of Pope Iulius They must write to all of vs that by all of vs that may be iudged which is iust For those that were disquieted were Bishops And againe Are you ignorant that it is the custome to write first to vs and that from hence should proceede the decision of things And therefore yf there were anie suspition conceaued against the bishop there it must haue bene written off to the Church here And besides wee saie thas whereas he ordaines that the Patriarke should end causes he incends he should end them in regard of secular indgements that is to saie that after the Patriarke no secular iudge should dare to examine it nor should anie of the partles contradict before anie Secular Iudge as when he saith in the former Paragraphe that if it be an Ecclesiasticall cause which is attempted against anie clearke the secular Iudges should not intermeddle in it but the Blessed Bishop must end it For he intends not heereby to saie that there can be noe appeale from the Bishop to superior ecclesiasticall Iudges but that there should be noe appeale from the Bishop to the Prince and the secular Magistrat And it is not to be said that the Pope saint GREGORIE the first cites the constitution of Iustinian whereof there hath bene aboue mention in the cause of the Bishop Steuen who seemed to be accused of a crime meriting deposition to witt of the crime of treason for besides that those that make this allegation forget to add to it the traine of saint GREGORIES text which is That if they saie contrariwise that there is noe Metropolitan nor Patriarke it must be answered that the cause ought to be iudged and decided by the Sea Apostolicke which is the head of all the Churches That
2. Decemb. 1631 F. Leander de S. Martino sacrae Theologiae Doctor Hebraeae linguae in alma Academia Duacena professor Regius Benedictinorum conuentus S. Gregorij Angliae Prior. THE LETTER OF THE LORD CARDINALL OF PERRON SENT TO MONSIEVR CASAVBON INTO ENGLAND SIR the letter that you deliuered to Monsieur de la Bodery was deliuered to me by him euen as I was vpon my departure for a voyage into Normandy and since my returne from thence I haue bene almost perpetuallie sicke which hindered me from answering with more speede Now that my disease begins to be at some truce with me I will paie the arrerages of this delaie and will first thanke you for the good office that you haue done me in shewing the letter I writt to you to the most excellent king of great Brittaine and in procuring me an interest in his fauour I will striue so to husband it by my humble seruice s and particularlye by celebrating his prayses which is the only fruite that good and vertuons kinges such as hee doe gather from allthe labours and thornie cares that the burden of a kingdome loades them with as his maiestie shall haue noe cause to be sorrie that it be declared to after ages how he hath honord mee with his well wishes aÌd how I haue had his ãâã in reuerence and admiration As for the translation of the verses of Virgill whereof you writt to me that he desires a Copie that which I sent you being lost I deferr yet for some daies to acquit myself of that dutie because I haue put it to the presse with the addition of a part of the fowrth which I haue ended expresselie for his maiestie sake to inlarge my preseÌte to him As soone as those few Copies which are in doing shall be finished I will not faile to addresse one of them to you to offer vp to him on my behalfe The third point of your letter yet remaines which is that his Maiestie was astonisht at those wordes in my letter That excepting the title of Catholicke I knew nothing wanting in him to expresse the figure of a perfect and compleate Prince and that he pretendes that since he beleeues all thinges that the Ancientes haue with an vnanimous consent esteemed necessarie to saluation the title of Catholique cannot bee donied him Now as on the one side I can not but greatlie praise his maiesties pietie and Christian humilitie in not disdayning to submitt his iudgement adorned with so manie lightes naturall aÌd acquired to that of those cleare beames of antiquitie imitating therein the wisdome of that great Emperor Thodosius who thought there was noebetter meanes to agree the dissentions which disturbed the Church of his time then to exact from either part an answere whither thy beleeued that the Fathers which had flourish'd in the Church before the separation had bene orthodoxall and that being confessed to summon them to submitt themselues to whatsoeuer they should be found to haue beleeued so on the other side there are manie obseruations `to be made vpon this Thesis before wee passe to the hypothesis which since I Cannot represent to his maiestie I shall be gladd to informe you of them for your particular satisfaction The first is that the name of Catholicke is not a name of beleefe simplie but of Communion also else antiquitie would not haue refused that title to those Which were not separated from the beleefe but from the Communion of the Church nor would they haue protested that out of the Catholicke Church the Faith and Sacramentes may be had but not Saluation Out of the Catholicke Church saith S. Augustin in his treatie of Conference with Emeritus a man may haue orders hee maie haue Sacraments he may sing Alleluya he may answere A men he may keepe the Gospell he may haue and preach the faith in the name of the Father of the Sonn and of the holie Ghost but he can no where finde Saluation but in the Catholicke Church And in the Booke De vtilit credendi There is a Church as all men graunt if you cast your eyes ouer the extent of the whole world more full in multitude then all the rest and as those that know themselues to be of it affirme more sincere in the doctrine of truth But of the truth that is an other question that will suffice for this search that there is one Catholicke Church vpon which seuer all heresies impose seuerall names whereas they are all call called euery one by his particular name which they dare not disauow from whence it may appeare to the iudgment of anie arbiter that is not prepossessed by fauour to whom the name of Catholicke where of all are ambitions ought to bee attributed And in the Booke against the fundamentall Epistle Then to omitt this wisdome which you denie to bee in the Catholicke Church there are manie other things which doe most iustlie retaine me in her bosome the consent of people and nations retaine me therein the authoritie beguÌn by miracles nourished by hope increased by charitie confirmed by antiquitie retaines me therein the succession of Prelates euen from the verie seate of Peter to whom our Lord deliuered his sheepe to be fedd after his Resurrection euen to the present Bishops seate retaines me therein and finallie the verie name of Catholick retaines me therein which not without cause this Church alone amongst so manie heresies hath in such sorte obtained as though all heretickes would be called Catholiques neuerthelesse when a stranger askes where the Catholicke Church doth assemble there is not one ãâã that dares shew his ãâã or his howse And in his treatise of Faith and of the Creede Wee beleeue the holie Church and that Catholick for heretickes and schismatickes call their Congregations Churches but hereticks beleeuing of God false thinges violate faith and Schismatickes separate themselues from brotherly charitie by vniust diuisions allthough they beleeue the same things that we beleeue and therefore neither can the hereticke belonge to the Catholicke Church because she loues God nor the schismaticke because she loues her neightour And in the Booke Of the vnitie of the Church All those that beleeue as hath bene said that ouer Lord IESVS is come in the flesh and is risen againe in the same flesh wherein he was borne and hath suffered and that he is the soÌne of god god with god aÌd one with the Father and the onlie immoueable word of the Father by which all things haue bene made but yet dissent so from his bodie which is the Church that theire communion is not with the whole or is spread in deed but yet is in some part found to be separate it is manifest they are not in the Catholick Church And Prosper his scholler Hee saith hee that Communicates with this vniuersall Church is a Christian and a Catholicke but he that communicates not therewith is an hereticke and Antichrist And for this cause wee see that the Fathers denied the title
spouse markes of the place where he dwells she saith Least I be as hidden amougst the flockes of thy competitors that is to saie saith saint AVGVSTINE of those that being in the beginninge with thee would assemble without not thy flocke but theire stocks For what is this but to saie that the Church demaundes marks of her spouse not to be discerned from all kinde of things but to be discerned only from the societie of heretickes which beare by false markes the name of Christ and the title of Churches And secondly it is not necessary that the markes in parte that is to saie those that taken separatlie haue not the entire office of markes may not be found euery one a parte without the thing marked but that the thing may not be found without euery one of them nor they taken iointly and altogether without the thing whose marke they are And therefor the argument of the markes in parte separated is good to argue negatiuely and to saie with sainct Austine against the Donatistes The Church hath this most certaine marke that she cannot be hidden she is then knowne to all nations the sect of Donatus is vnknowne to manie nations then that is not she Or with saint IEROM against the Luciferians Hilarius being dead a deacon he could ordaine no Priest after him now that is noe Church that hath noe Priestes or with the same saint AVGVSTINE against all heresies in generall euerie heresie that sitts in corners is a concubine and no matron But the argument of the markes in part taken iointlie is good to argue both negatiuely and affirmatiuely and to conclude with saint AVGVSTINE Suppose then that I omitt this wisedome that you denie to be in the Catholicke Church there are many other thinges that retaine me most iustlie in her lappe The consent of people and nations retaines me The authoritie begun by miracles nourished by hope increased by charitie confirmed by antiquitie retaines me The Succession of Prelates since the sea of Peter to whom or Lord consigned the feeding of his sheepe after his resurrection to the present Bishops Sea retaines me and finallie the very name of Catholicke retaines me which not without cause this Church alone amongst soe manie and soe great heresies hath so maintained as when a stranger askes where they assemble to comunicate in the Catholicke Church there is no hereticke tha dare shew him his owne temple or his owne howse From what places of the voice of the sheepeheard the markes of the Church ought to be taken CHAPTER VI. The continuance of the Kinges answere The king hath learnt from the reading of the holie Scripture and all the Fathers heretofore none excepted held noe otherwise that the true and essentiall forme of the Church is that the sheepe of Christ doe heare the voice of theire pastor THE REPLIE To heare the voice of the Pastor is the office of the sheepe but not the essentiall forme either of the Church or of the sheepe For the essentiall forme of the Church I meane essentiall forme analogically as that of the supposts constituted by aggregation is vnitie in the meanes of vocation to saluation and the essentiall forme of the flocke is the communion and participation to this vnitie The name of Church saith saint CHRISOSTOM is a name of agreement and vnion And saint AVGVSTINE God is one the Church is vnitie nothing agreeth with this one ' but vnitie But if the essentiall forme of the flocke were to heare the voice of the Pastor doth not he heare the voice of the Pastor that heares her voice of whom the Pastor said by the mouth of Esay Thou shalt iudge euerie tongue that resisteth thee in Iudgement And by his owne mouth The gates of Hell shall not preuaile against her And whosoeuer heares her not shall be held as a heathen and a Publican And by the mouth of saint PAVL He hath placed in the Church Apostles Prophets Euangelists Pastors and Doctors c. that we may no more be little children fleeting and wauering with euerie wind of Doctrine And doth not saint AVGVSTINE cry out The truth of Scripture is held by vs when we doe that which pleaseth the vniuersall Church whom the authoritie of the same scriptures recommends And againe There are manie thinges that the vniuersall Church obserueth and which therefore are lawfullie belieued to haue bene deliuered by tradition of the Apostles although we finde them not written And then againe to heare the voice of the Pastor is it not to heare it according to true vnderstanding for doth not TERTVLLIAN pronounce An adulterate glosse doth as much outrage to the truth as a false penne And doth not Saint Hilarie saie The heresie is in the vnderstanding and not in the Scripture the sense and not the word becomes the crime And doth not saint Ierome write The Ghospell is not in the words but in the sense And doth not saint AVGVSTINE cty out All the heretickes which receiue the scriptures thincke to follow them when they follow theire owne errors And in an other place Heretickes were no heretickes but that misvnderstanding the Scripture they defend obstinately theire owne false opinions against the truth thereof And againe Manie things are spoken by Christ in the Scriptures in such a manner as the impions Spirits of heretickes who will needs teach before they are taught are thereby lead into error And vpon saint Iohn The heresies and peruerse doctrines which intangle Soules and cast them headlong into hell haue theire birth no where but from good Scriptures euilly vnderstood And so is not the question still to whom it belongs to iudge infalliblie of the true sense of the Scripture Moreouer the first voice of the shepheard that the Fathers summond the sheepe to heare is it not that whereby he designes the markes of his Sheepefolde that is of his Church I haue said saint AVGVSTINE the most manifest voice of my pastor who recommends and expresses to me his Church without anie ambigiutie I must blame myself if for the wordes of men I straie from his floke which is the Church since principallie he admonishes me saying My sheepe heare my voyce Now which is this voice of the pastor wherein Saint AVGVSTINE will haue vs seeke for the markes of the Church but that wich expresses not the doctrine contested betweene him and his aduersaries which was that of the truth of the baptisme giuen by hereticks but the prerogatiues of eminencie perpetuitie vniuersalitie and other externall and sensible markes and conditions promised to the Church If the holie Scriptures saith saint AVGVSTINE haue designed the ãâã only in Africa and in a little medly of men dwelling in the rockes and Mountaines neere Rome and in the howse and territorie of a spanish Ladie though whatsoeuer other pamphlets may be produced there are none but the Donatists that haue the Church if the
is deriued And in vertue of what power did he solicite Pope STEPHEN to write letters to the Gaules whereby he should depose Martian Bishop of Arles Thou shouldest saith he write letters into the prouince and to the people inhibiting in Arles by which Martian being deposed an other might be substituted in his place And why then when the same Saint CYPRIAN and the councell of Africa had embraced the error of rebaptising heretickes which since the Donatistes haue conuerted into an heresie did Saint VINCENTIVS ãâã say then Pope Stephen of happie memorie prelate of the Apostolicke Sea with ãâã before his other colleagues resisted it esteeming it a thing worthie of him to surpasse all others as well in deuotion of faith as he surmounted them by aucthoritie of place For as for the angrie words that Saint CYPRIAN lett slip against Pope STEPHEN which Saint AVSTIN iudges vnworthie to be reported they shall be spoken of hereafter And why then the same Pope STEPHEN had depriued of his communion Firmilianus Arch-Bishop of Cappadocia and the other Bishops of the Religions of Cappadocia Cilicia and Galatia for the same error of S. CYPRIAN but more obstinately defended did Firmilianus amongst his other wordes of fury which bare with them their owne confutation that he spued vp against the Pope reproch to him that he was soe senselesse he that boasted soe much of the place of his Bishops Sea and gloried that he had the succession of Peter vpon which the foundation of the Church had bene established as to introduce many other Peters and to coÌstitute a plurality of Churches I am angrie said he not without cause with soe manifest and euident a follie in Stephen that he that glorifies himselfe soe much for the place of his Bishops Sea and maintaines that he hath the succession of Peter vpon which the foundation of the Church hath bene sett hath introduced manie other Peters and constituted new buildings of manie Churches in sustaining by his authoritie that baptisme is amongst heretickes And why then when DIONISIVS Patriarch of Alexandria had seene that Pope STEPHEN had shut the gate of his communion from Firmilianus and the other Bishops of Cappadocia Cilicia Galatia and the other neighbouring nations did he write to him letters of intercession and of intreaty vpon this subiect I writt to him said hee beseeching him for them all or praying him concerning all these things For as for that that Saint BASILL Archbishop of ãâã in Cappadocia omitted not to reckon Firmilianus amongst his Catholicke Predecessors notwithstanding his staine it was because he repented afterwardes as Saint AVGVSTINE witnesseth in these wordes Those of the East that had held the opinion of Ciprian corrected their iudgement And Saint IEROM in these Finally the Bishops themselues that had conceaued with Cyprian that heretickes should be rebaptised returning to their ancient custome published a newe decree saying what doe wee soe to them and to vs their Elders and ours haue giuen it by traditioÌ And why then wheÌ the same DIONISIVS Patriark of Alexandria was fallen into suspition of heresie did the Catholickes of Alexandria in steed of hauing recourse to the Synodes of their prouinces come to accuse him at Rome before DIONISIVS Bishop of Rome They went vp said saint ATHANASIVS to Rome to accuse him before the Bishop of Rome being of his owne name And a while after And the Bishop of Rome the translator hath falsely reported the surname to that of Alexandria sent to Dionisius that he should cleere himselfe from those things whereof they had accused him and suddenly he answered and sent his bookes of defence and apologie And in an other place Some hauing accused the Bishop of Alexandria before the Bishop of Rome to holde the Sonne for a creature and not consubstantiall with the Father The Synod of Rome that is to say the consistory of Rome compounded of the Bishops neighbouring vpon the ãâã of Rome without whom the Pope iudged nothing of importance and of the principall Church men of Rome was offended with him and the Bishop of Rome writt to him the opinion of all the assistants and he iustifying himselfe addressed to him a booke of defence and apologie And why then when the councell of ANTIOCHE twice called from the prouinces of Pontus Capadocia Cyria Cilicia Lycaonia Palestina Arabia and from all the other Prouinces of the East had deposed Paulus Samosatenus Patriarke of Antioche and substituted Domnus in his steede And that Paulus would not quitt the possession of the Church did the Emperor Aurelian though a Pagan ordaine And that saith EVSEBIVS verie fitlie that it should be deliuered to him whome the Bishops of Italie and of Rome that is the Bishops of Italie assembled with the Pope should direct it to by writing For for what cause should EVSEBIVS who was one of the Bishops of the Patriarkship of Antioche and besides as an ãâã not well affected to the Roman Church and this word verie ãâã but to shewe that the Emperor had in this action followed the order of the church and that it was a thing fitt for the Ecclesiasticall lawes that the ãâã of Rome should iudge the affaires of the East euen after the ãâã of the East and synodes compounded of a farr greater mumber of Bishops and Prouinces When Paule saith EVSEBIVS would not quit the ãâã of the Church the Emperor Aurelian being called to this businesse ordained ãâã ãâã that it should be deliuered to him to whom the Bishops of Italie and of Rome of the same lawe should write backe And the Greeke manuscript of the ãâã of the councells kept in the priuate library of the most Christian kinge The Emperor Aurelian although a Pagan sent backe the question of Paul to the Bishop of Rome and to those that were by him that when they had examined whether he were iustlie deposed he might be dispossessed of the Church And Zonaras and after him Balsomon not onely Grecians but schismatickes The Emperor Aurelian enioyned the Bishop of Rome and the Bishops that were with him to examine those things wherewith ` Paul was charged and if he were iustly deposed to cast him out of the Church of the Christians Which alsoe since the ãâã councell of Ephesus did imitate when it reserued as shall appeare hereafter the iudgement of Iohn Patriarck of Antioche to the Pope and that Iuuenall Bishop of Ierusalem saied that the ancient custome and the ãâã tradition bare that the Church of Antioche was alwaies to be ruled by the Roman And after the councell of Ephesus the sixth oecumenicall councell of Constantinople when they sent backe the cause of Macarius Patriarck of Antioch to the Pope And why then when the Arrians held their false councell at Antioch 1270. yeares agone did Socrates an ancient Greeke author of 1200 yeares standing write IVLIVS Bishop of Great Rome was not there nor sent he anie in his steede
that these letters hauing bene written by hereticall authors to witt the Arrians and reported by an hereticall historian from whom Socrates and Sozoment tooke them to witt by Sabinus a macedonian hereticke who tooke part with the Councell of Antioch against the Pope and against the Counceil of Nicea and was a sworne Enemie to the Trinitie to saint Athanasius and to the Councell of Nicea they carryed their confutation on their foreheade and are of as little weight as those that the Lutherans or other Protestantes should nowe write against the Pope For who knowes not that the Pope hath alwaies proued that concerning Religion that Cicero said of himselfe concerning the common wealth to witt that none euer declared himselfe Enemie to the Church but he tooke him the Pope for his aduerse ãâã at the same tyme And the other that notwithstanding the boldnes or to speake with Sozomene the impudencie of these hereticall and Arrian letters the restitution that the Pope had made of these great persons and amongst others Athanasius Patriarcke of Alexandria and of Paule Archbishop of Constantinople was neuerthelesse executed and imbraced as iust both in forme and matter by the vniuersall consent of all the Catholickes in the world Athanasius and Paule saith Sozomene recouered each one his seate And in an other place speaking of the 300. Orthodoxall Bishops of the Councell of Sardica who represented all the Catholicke Bishops vpon the Earth They answered said he that they could not separate themselues from the communion of Athanasius and Paule and principally for as much as Iulius Bishop of Rome hauing examined their cause had not condemned them And why then when the same Councell of Sardica where assisted according to the calculation of saint Athanasius Socrates and Sozomene more then 300. Bishops and which IVSTINIAN calls an Oecumenicall Councell And which Vigilius the ancient Bishop of Trent saith to haue bene assembled from all the prouinces of the Earth And where saint Athanasius and the greater parte of the same Fathers that had bene at the Councell of Nicea assisted proceeded not to institute the appeales as it shall appeare hereafter but to rule or to reduce into writinge the customes of the appeales did they ordaine that when a Bishop should appeale to the Pope it should be in the Popes choyse either to giue him iudges out of the neighbour prouinces or to graunt him legates which should be transported into those places If a Bishop said the Councell hauing bene deposed by the assemblie of Bishops of his prouince hath recourse in forme of an appeale to the most blessed Bishop of Rome and desires to be heard a new and that the Bishop of Rome holdes it iust that his cause should be re-examined lett him vouchsafe to write to the Bishops neighbbours to that prouince And a little after and if ãâã thinke it fitt to send priests from about his person which may together with the Bishops decide the businesse hauinge his authoritie from whom they are sent that alsoe ought to be allowed For as for what past afterward in Africa about the matter of Appeales in lesser causes that shall be spoken of hereafter in a chapter by it selfe And why then when the Fathérs of the same councell of Sardica yeilded an accompt of their Actes to the Pope did they write to him according to the copy which is inserted in the fragment of saint HILARIE and cited tacitly by Pope INNOCENT the first and expressely by Pope NICHOLAS the first It were very Good ad conuenient if from all the princes the Prelates of God would send relations to their Head that is to saie to the Sea of the Apostle Peter And why then when Valens Bishop of Murses in Mysia and Vrsatius Bishop of Singidon in Hungaria two of the chiese Whirle-windes in the Arrian tempest would departe from the heresy of Arius and from the slaunders that they had inuented against saint ATHANASIVS did they come to Rome to aske the Popes pardon and to protest obedience to him To the absolution of Athanasius said Sulpitius Seuerns there was yet added that Vrsatius and Valens chiefe of the Arrians after the councell of sardica seeing themselues excluded from the communion came in person to craue pardon of Iulius Bishop of Rome for haueing condemned an innocent And saint ATHANASIVS Vrsatius and Valens seeing these things were touched with remorse and goeing vp to Rome confest their fault and repenting craued pardon And themselues in the acte of their penaÌce giueÌ by writing to the Pope and inserted in the Relations of saint ATHANASIVS and Sozomene Wee confesse said they to your blessednesse in presence of all your priests our bretheren that all those things that are come hither to your eares against ATHANASIVS are false and fained and farr from being his actions and for this cause we earnestly desire to haue communion with him and principallie because your pictie out of your naturall goodnes hath vouchsaffed to pardon our Error And we farther promise that if for this occasion either those of the East or Athanasius himselfe doe maliciouslie call vs to iudgement wee will not departe from what you shall ordaine And why then when the Emperor constantius would set the last hand to the persecutioÌ of saint Athanasius did Amianus Marcellinus though a Pagan author reporte that he solicited Pope Liberius to condemne him not contenting himself that he had bene deposed by a councell cmpounded of 300. Bishops of the East and West vnlesse the Pope himselfe confirmed this deposition Although said hee that the Emperor know this was done neuerthelesse he procured with an earnest desire that it might be comfirmed by the authoritie where of the Bishops of the eternall Cittie are superiors For whereas afterward Pope LIBERIVS ouercome by the persecutions of Constantius the Arrian Emperor gaue himselfe vp to signe the condemnation of saint Athanasius it was after he had bene cast out of his seate by the Emperor at the instance of the Arrians and confined into Thracia And after he had suffered an exile of two yeares and a longe continuance of imprisonments threates of death and corporall afflictions and vexatioÌs Nowe we make a great differeÌce betwene those senteÌces that Popes pronounce de Cathedra that is to saie sett in their Ecclesiasticall Tribunall in the forme of publicke and iudiciary actes and with solemne and canonicall preparation and those things that they doe in the forme of particular and personall actes and not as constituted in the state and liberty of ludges but as reduced into the condition of captiues and prisoners and constrayned by the violence of humane feare such as may Be in a spirit morally constant And yet heere meete three miraculous circumstances and worthy of Gods prouidence toward the Apostolicks Sea in this historie The first that as in the solemnitie of the Pythian games wherein the Grecians celebrated the Feast of Apollo when one
of Alexandria did saint AMBROSE write to him that hee should after he had iudged it procure his iudgement to be confirmed by the Pope Certainly said hee wee conceaue that you should relate the affaire to our holie brother the Bishop of the Roman Church for we presume that you will make noe iudgement that can displease him And a litle after To the end that we hauing receaued the tenor of your acts when we shall see that you haue iudged soe as the Roman Church will vndoutedly approue it we may reape with ioy the fruite of your examination And why then when it appeared that EVAGRIVS Successor to PAVLINVS had bene euill ordained for as much as Paulinus only had imposed his handes vpon him and that Flauianus by this occasion remained without a competitor did Theophilus send a legation to Rome to put Flauianus againe into the Popes grace and Flauianus an other to obtaine the restitution of communion with the Pope THEOPHILVS saith Socrates hauing sent the priest I sidorus appeased Damasus you must reade Anastasius that was offended and represented to him that it was profitable for the concord of the people to forgett the fault of Flauianus and soe the communion being restored to Flauianus the factions of the people of Antioch a while after that is to saie vnder Pope Innocent the first were reconciled And Sozomene speakinge of saint IOHN CHSOSTOME Archbishop of Constantinople who had a little before bene a priest of Flauianus and for that cause affected him IOHN saith he praied Theophilus to labour with him and to helpe him to make the Bishop os of Rome to be propitious to Flauianus and to this end there were deputed Acacius Bishop of Beroe and Isidorus And THEODORET although for his partiality he be not altogether to be credited in this cause speaking of the Emperor THEODOSIVS his voyage to Rome The Emperor said he exhorted them to extinguish this vnprofitable contention for you must reade ãâã ãâã ãâã ãâã ãâã and not ãâã ãâã ãâã ãâã ãâã and represented to them that Paulinus was alreadie dead and that Euagrius came not by lawfull meanes to the Prelacye And a little after Then vpon the exhortation of the Emperor those of the west promised to lay aside all bitternesse and to receaue the Ambassadors that Flauianus should send which the diuine Flauianus hauing learnt he sent to Rome a legation of most famous Bishops and priests and Deacons of Antioch for all which the chiefe was Acacius Bishop of ãâã in Syria renowned through all parts of Sea and land But here is too much of this historie lett vs passe on to the rest And why then when Saint AMBROSE Archbishop of Milan a cittie where the Emperors of the west made their residence speakes of his brother Satyrus doth he saie that when he had escaped Shipwracke and was cast vpon the Isle of Sardinia he inquired of the Bishop of that place whether he agreed with the Catholicke Bishops that is to saie as himselfe adds with the Roman Church And why then when he excuseth the custome of washing of feet which was practised in the Church of Milan although it was not vsed in the Church of Rome doth he crye We follow in all things the type and the forme of the Roman Church And againe The same Peter is our warrant for this obseruation who hath bene Bishop of the Roman Church And why then when he or the author that was of his tyme of the comeÌtary that is attributed to him vpon the first Fpistle to Timothie explaines these wordes of the Apostle to conuerse in the howse of God Doth he write that Pope DAMASVS was the Rector of the Church Although saith he the whole world belonges to God neuerthelesse the Church is called the howse of God of which at this day Damasus is the Tector And why then when OPTATVS Mileuitanus that is Bishop of ãâã in Africa whom saint AVSTIN calls a Bishop of reuerend memory and whom Fulgentius honors with the title of a Saint disputes Thou against the Donatists doth he saie to Parmenian a Donatist Bishop canst not denie but that thou knowest that the Episcopall chaire was first sett vp in Rome for Peter in which seate wassett the head of all the Apostles Peter whereof also he hath bene called Cephas soe saith he to allude to the greeke word ãâã ãâã ãâã ãâã ãâã which signifies he head ressembles the Hebrow Cephas that is to saie a stone from whence this Apostle was named to the end that in this onely chaire vnitie should be preserued to all least the other Apostles might attribute to themselues each one his particular chaire but that he should be a Schismaticke and a Sinner that would against the onely chaire set vp an other And for what cause after he had cited the catalogue of Popes from saint PETER euen to his tyme doth he inferr from thence the Donatists could haue noe chaire and consequently noe Church since they had noe communion with the Bishop of Rome Giue vs said he an accompt of the originall of your chaire you that will attribute to your selues the holy Church But you ãâã quoth hee that you haue alsoe some parte at Rome but this is a braunch of your Error sprunge out of a lye and not from the roote of truth for in the end if Macrobius be inquired of soe was the name of the false Bishop that the Donatists kept at Rome where he sitts there can he answere in the chaire of Peter which ãâã he knowes not soe much as by sight And a while after From whence is it then that you attempt to vsurpe to yourselues the keyes of the Kingdome you that fight against the chaire of Peter by your bould and sacrilegious presumptions And why then when saint AVSTIN an African as well as he pressed the same Donatistes did he saie to them In the Roman Church there hath alwaies flourished the principalitie of the Apostolique Sea And againe Reckon the ãâã euen since the seate of Peter and in this order of the Fathers see who hath succeeded one an other this is the Rocke that the prowde gates of Hell shall neuer ouercome And in an other place considering the Popes as successors of saint PETER according to the other interpretation to witt according to that of the figure of the Church In this order of Fathers said he that is to saie from Saint Peter to Pope Athanasius there is not one Donatist And in his disputations against the Manichees In the Catholicke Church I am detained by the Successiion of Prelates from the Seate of Peter to whom our Lord gaue his sheepe to feede after his resurrection vnto the present Bishops seate And why then when the Empresse Eudoxia wife to Arcadius Emperor of the East seeing her husband would cause Theophilus to be degraded from the Patriarkship of Alexandria but delaied because saith the Emperor
that Pope INNOCENT aduertised of his death excommunicated the Emperor ãâã and the Empresse Eudoxia in these wordes And therefore I the ãâã and a sinner as depositary or Keeper of the Throne of the great ãâã ãâã ãâã off thee and her from the participation of the immaculate mysteries of Christ our God and ordaine that whtasoeuer Bishop or Clarke of the holy Church of God which shall presume to administer them to you after he hath read this ãâã shall be deposed For whereas Socrates and after him Prosper and ãâã Comes reckon the Death of the Empresse Eudoxia to be manie ãâã before the death of saint CHRISOSTOME which is peraduenture the cause that moued Photius to saie that this George mistakes himselfe in some places of the history this is an Error in Socrates a Nouatian author and an Enemie to saint CHRYSOSTOMES memorie who in steede of saying as Cedrenus Zonarus Nicephorus and all the later grecians saie that Eudoxia dyed three monthes after the death of saint Chrysostome and vnder the seauenth consulship of Honorius and the second of Theodosius hath said that she died three monthes after the exile of S. Chrysostome and vnder the consulship of Honorius and Aristenetus perchance deceiued by the ambiguity of the greeke word ãâã ãâã ãâã ãâã ãâã which signifies sometymes death sometymes goeinge out whereof it is credible they froÌ whom he tooke his history had made vse The proofe of the error is that Sozimus a pagan author who writt aboue 30. yeare before Socratcs and was eye witnesse of this history which Socrates was not extendes the life of Eudoxia many yeares beyond the banishment of S. Chrysostome For he saith plainely that the reuolt of the Isaureans was after the banishment of Iohn and that vpon the newes that came to Constantinople of their reuolt the Emperor sent Arzabacius with an armie into Pamphilia to suppresse them who hauing had many victories and prosperous successes against them might haue wholly rooted theÌ out had not Arzabacius degenerated from his first vigor and giuen himselfe vp to pleasures and couetousnesse for which cause he was called backe to Constantinople to vndergoe a capitall iudgement but being returned to the Court he gaue parte of his spoyles to the Empresse who saued him Nowe besides that it was impossible that all these things should happen in three monthes and moreouer that S. Chrysostome testifies that during his staie in Cucusus where he spent the first yeare of his exile the Isaurians had not yet bene suppressed by the Romans Marcellinus Comes setts downe precisely the departure of Arzabacius against the Isaurians to be the yeare after the coÌsulship of Honorius and Aristenetus to witt vnder the coÌsulship of Stilicon Anthemius a thing wholy incompatible with what Socrates and himselfe saie that the Empresse dyed the yeare of the consulship of Honorius and Aristenetus For how could the Empresse saue Arzabacius after his returne from the Isaurians warr begun vnder the consulship of Stilicon and Anthemius if she were dead in the consulship of Honorius and Aristenetus which was before that of StilicoÌ Anthemius And why did not S. Chrysostome himselfe in soe many letters as he writt in his fower yeares banishment make mentioÌ of the death of Eudoxia that was the cause of it if she were dead 3. monthes after his departure into banishment And how could Palladius who although he exteÌdes not his history to the tyme of Arcadius his excoÌmunication neuerthelesse he goes on with it to S. Chrysostoms death haue forgotten to put Eudoxia's death amongst the examples of the persons that dyed for hauing persecuted S. Chrysostom if she had bene dead when he writ his history therefore also the Emperor Leo surnamed the learned Cedrenus Zonarus Nicephorus Glicas all the other later Greekes haue rather chosen to followe Zozimus George of AlexaÌdria their coÌputation in Eudoxia's death then that of Socrates but this obseruation deserues a discourse of more leasure lett vs gett ground And why then when the tempest was appeased would the same Innocent neuer receiue Alexander Patriark of Antioch and Atticus Bishop of Constantinople into his communion till they had restored the name of saint Chrysostome into the recordes of their Churches I haue diligentlie inquired saith Pope Innocent writing to Alexander Patriark of Antioch whether the cause of the blessed Bishop Iohn hath bene fully satisfied in all conditions and being informed by those of your legation that all thinges haue bene fully performed according to our desire I haue giuing God thankes admitted the communion of your Church And a little after As for the letters of the Bishop Atticus because they were ioyned with yours I haue receiued them least the refusall of a man longe agoe suspended by vs might be an iniurie to you and yet we haue sussiciently and more then sussiciently ordained in the actes what ought to be obserued in his person And why doth THEODORET say Iohn being dead those of the west would neuer admitt the communion neither of the Egiptians nor of those of the East nor of the Bishops of Bosphorus and Thrace that is to saie of the iurisdictioÌ of Constantinople till they had inscribed the name of this admirable personage into the roll of the Bishops his predecessors and they esteemed Arsacius that succeeded him not worthie of a bare salutation And as for Atticus successor of Arsatius after manie legations and treaties for peace they finally receiued him but not vntill he had first added the name of Iohn to the other Bishops For that Theodoret saith this of those of the West and that saint Innocent recites it of himselfe are not thinges repugnant forasmuch that as the Greekes by the word Easterne meant the Patriark of Antioch and the Bishops of his Patriarkship and by the word Egiptians the Patriark of Alexandria and the Bishops of his Patriarkship soe by the word Westerne they vnderstood the Pope and the Bishops of his patriarkship because the Pope neuer decided matters of moment without some assembly either generall or particular of the Bishops of his patriarkship from whence it is that in the same letter of Innocent to Alexander it is added at the end that twenty ãâã Bishops of Italie haue subscribed to it And why then when the cause of Pelagius and Celestius had bene iudged both in the East where Pelagius was by the Synod of Palestine and in Africa where Celestius had bene by the Councells of Carthage and Mileuis did the Councell of Carthage write this to Pope Innocent This proceeding then our holie Lord and brother we conceiued we ought to represent to your charitie that to the statutes of our mediocritie there might be allso applied the authoritie of the Apostolicke Sea And againe We doubt not but your Reuerence when you shall haue seene the decrees of the Bishops which are said to be made vpon this occasion
in the East will frame such a iudgement where at we shall all reioyce in the ãâã of God And why doth the Mileuitan Councell to which S. AVSTIN was secretary write these wordes to Pope INNOCENT For as much as God by the guift of his principall grace hath placed you in the Apostolicke Sea and hath graunted you to be such in our daies as wee ought rather to feare that it should be imputed to vs for a crime of negligence if we should conceale from your Reuerence those things which for the Church ought to be represented to you then to imagine that you can receiue them disdainefully or negligentlie we beseeche you to applie your pastorall diligence to the great perills of the weake members of Christ And towardes the end But we belieue with the helpe of the mercie of our God JESVS CHRIST who vouchsafe to direct you consulting with him and to heart you praying to him that those that holde these opinions soe peruerse and pernicious will more casilie yeilde to the authoritie of your Holynesse drawne from the authoritie of the holie Scriptures And why then when the same Pope INNOCENT answered both the Councells did he testifie to them that they had behaued themselues toward him in the same manner as all the other prouinces had done to his predecessors It was not by human sentence but diuine said that great Pope in the answere to the Mileuitans Councell inserted amongst saint Austins Epistles and cited by saint Austine himselfe in his writinges against the Pelagians that the Fathers haue ordained that all things that are treated in prouinces distant and farr of should not be determined till first they were come to the knowledge of the Apostolicke Sea to the end that the sentence that should be found to be iust might the confirmed by the intire authority of the same Sea and that from thence the other Churches as Springes all proceeding from their mother source and running with the purity of their originall through the diuers Regions of the whole world might take what they ought to ordaine And in the answere to the Mileuitan Councell which is alsoe inserted amongst saint AVSTINS Epistles You prouide said he diligently and worthilie for the Apostolick honor for the honor I saie of him that besides assaultes from without sustaines the care of all the Churches following in the consultation of difficult things the forme of the ancient rule which you know hath alwaies bene practised by all the world with me And a while after princippally as often as there is question in pointes of faith I conceaue all our bretheren and Colleagues in the Bishops Sea ought not to referr what may profitt in common to all the Churches to anie but to Peter that is to saie to the author of their name and dignitie And why then to take away all occasion from replying that he spake in his owne cause doth saint AVSTIN soe highlie praise both these answeres Vpon this affaire saith saint AVSTINE were sent the relations of the two Councells of Carthage and Mileuis to the Apostobick Sea c. to all these things Pope INNOCENT answered vs as was conuenient and as the Prelate of the Apostolick Sea should answere vs. And in the epistle to Optatus Of this new heresie Pelagius and Celestius hauing bene authors or most violent and famous promoters they alsoe by the meanes of the vigilancie of two Episcopall Councells with the helpe of God who vndertakes the protection of his Church haue also bene condemned in the extent of the whole Christian world by the Reuerend Prelates of the Catholicke Sea yea euen by the number of two of them Pope INNOCENT and Pope ZOZIMVS if they correct not themselues and besides doe not penance And why then when the Africans had held their last Councell against Celestius did Prosper write vnder the twelfth coÌsulship of Honorius Theodosius The decrees of the Councell of Carthage of 214-Bishops were carried to Pope ZOZIMVS which hauing bene approued the Pelagian heresie was condemned throughout the world And againe Pope ZOZIMVS of happie memory added the power of his sentence to the decrees of the African Councells and to cut of the wicked armed the right handes of all the Bishops with Peters sword And in an other place speaking of the Roman Church in generall The principallitie of the Apostolicall priesthood hath made Rome greater by the tribunall of Religion then by that of the Empire And why then when the Bishops of Africa were assembled at Cesarea in Mauritania doth saint AVSTIN saie The necessities of the Church enioyned to vs by the Reuerend Pope ZOZIMVS Bishop of the Apostolicke Sea had drawne vs to ãâã And why then when BRIXIVS Bishop of Tours had bene cast out of his Seat and IVSTINIAN created Bishop in his steede and Armenius after him had BRIXIVS recourse to Rome to the same Pope Zozimus that gaue him letters of re-establishment vpon which he was receiued and restored BRIXIVS saith saint GCEGORIE of Tours transporting himselfe to Rome related to the Pope all his sufferinges And a little after Returning then from Rome the seauenth ãâã with the authority of the Pope of the cittis he disposed his way to Tours And why then when Socrates a Greeke author of the same age with Zozimus produced examples of the translations of Bishops did he alleage in the head of all the other examples the translation of Perigenes Bishop of Patras one of the citties of Peloponesus that the Pope coÌmaunded to be made Archbishop of Corinth And who alsoe in his qualitie assisted at the Councell of Ephesus Perigenes saith Socrates had bene ordained Bishop of Patras but because the cittizens of Patras had not receiued him the Bishop of Rome commaunded that he should be Bishop of the MetropolitaÌ Church of Corinth the Bishop of that place being dead in which Church also he gouerned all the daies of his life And why then when Pope Boniface successor to Zozimus was raised to the Popedome did S. AVSTIN write to him Thou disdainest not to be a ãâã ãâã the humble though thou rulest more highlie And againe The pastorall watch is common to vs all that exercise the office of Bishops although thou art ãâã in a more high degree And why then when Pope CELESTINE had succeeded in the Pontificall dignitie to Pope BONIFACE did Prosper reporte that he sent GERMAN the Bishop of Auxerra into Great Brittanie and made him his legate there and instituted Palladius first Bishop of Scotland Pope Celestine said Prosper at the instance of Palladius sent German Bishop of Auxerra in his ãâã that casting out the heretickes he might addresse the Brittaines to the ãâã saith And againe Palladius was ordered and sent first Bishop by Pope Celestine to the Scotts belieuing in Christ. And why then when Nestorius Archbishop of Constantinople begaÌ to trouble the Faith of the Easterne Church did the same Pope
Celestine make S. Cyrill Patriark of Alexandria his Vicar in the East to iudge the cause of Nestorius and appointed him to excommunicate Nestorius if within ten daies after the receipt of the letters from the Apostolicke Sea he did not anathematize his error The authoritie of our Sea said he being added to thee and vsing with power the representation of our place thou shalt execute exactly and seuerelie this sentence to wit that if within ten ãâã tolde aster signification made to him of this admonition Nestorius ãâã not his naughtie doctrines c. thy Holynesse prouiding without delaie for that ãâã shall declare him wholy cutt of from our bodie And Prosper touching the same history Celestine to cut of the Nestorian impietie ayded Cyrill the Bishop of Alexandria most glorious defendor of the faith with the Apostolicke sword And why then when S. Cyrill had receiued the Popes admonition did he send to signifie it to Nestorius and to the Constantinopolitans in these wordes ãâã are constrained to signifie to him by Synodic all letters that if verie speedily and within the tyme sett downe by the most holy Bishop of the Roman Church Celestine he renounce not his nouelties and anathematize them by writing c. he shall no more haue anie parte amongst the ministers of God And for what cause when Pope ãâã was come in the age following to Constantinople did the Religious men of Syria pray him to doe the same to Anthimus Archbishop of ãâã We pray you said they to doe to Anthimus as Celestine did to Nestorius assigning him a ãâã as Celestine did to Nestorius And why then when the Councell of Ephesus proceeded to the condemnation of Nestorius did they couch it in these termes Constrained necessarily by the ãâã of the Canons and by the letters of our most holie Father and fellowe minister ãâã we are come not without manie teares to pronounce this sad sentence against him And why then when the Legates of the Pope were arriued to the same Councell of Ephesus did they thanke the Bishops of the Councell for hauing shewed themselues true and holy members of the Pope We giue thankes said they to this reuerent Synod that the letters of our most holie and hlessed Pope hauing bene recited to you you haue by your holie and religious voyces shewed your-selues holie members to your holie head for your ãâã is not ignorant that saint Peter was the head of all the faith and of all the Apostles And againe none doubtes for it hath bene notorious in all ages that the holy and most blessed Peter Prince and head of the Apostles pillar of the faith foundation of the Catholicke Church did receiue from our Lord IESVS CHRIST the ãâã of the heauenly Kingdome and the power to binde and loose sinnes and that ãâã ãâã and decides causes yet vnto this daie and for all eternitie by his Successors of ãâã then the holy Successor and ordinarie Vicar and most blessed Pope and Bishop Celestine hath sent vs for him as his Lieutenant to this holie ãâã And why then when there was a question to passe from the cause of Nestorius to that of Iohn Patriark of Antioch did IVVENALL Bishop of ãâã say in presence of the whole Councell that the ancient custome and the Apostolicke tradition haue bene that the Church of ãâã was to be iudged by the Roman It is fitt said hee that the Right ãâã Bishop of Antioch Iohn honoring this great holy and ãâã all Councell should haue recourse hither to iustifie himselfe of what is obiected against him and that he should obey and honor the Apostolicke Throne of great Rome sittinge with vs and with the Apostolicke Throne of Ierusalem before which principallie it is accustomed by Apostolicke tradition and practice that the Seate of Antioch is to be ruled and iudged For that we must referr the laste clause of the period of IVVENALL to the Sea of Rome as ãâã hath done deceauing himselfe with this that the word to obey gouernes the datiue and not considering that the verbe to honor which is there added changeth the Rule it shall be shewed heereafter by seaueÌ necessarie and vndoubted proofes And why then when the Councell proceeded indeede to the cause of IOHN Patriark of Antioch did they reserue the decision to the Pope Being moued writes the Councell to the Pope with the indignitie of the thing we would pronounce against him and the rest the same sentence that he had vnlawfullie pronounced against those which were conuinced of noe crime but to the end to conquerr his rashnesse with meekenesse although he had most iustlie deserued to suffer such a sentence yet we haue reserued him to the iudgement of thy pietie Which afterward the third oecumenicall Councell of Constantinople did imitate in the cause of Macarius Patriark of Antioch as the Emperor Constantine Pogonat reportes in these wordes Macarius Bishop of Antioch and his adherents haue bene deposed by the consent of the whole Councell and remitted to the discretion of the most holie Pope And why then when HILARIE Bishop of Arles vndertooke to ordaine Prelates in the prouince of Vienna without the Popes leaue did the Emperor Valentinian the third make a lawe which afterward the Emperor Theodosius the second inserted into his new constitutions vnder the title of the lawe of Theodosius and Valentinian by which he forbadd that anie inuocatioÌ should be made in the Church without the Popes liceÌce Whereas saith the lawe the merit of Peter who is the Prince of the Episcopall societie and the dignitie of the cittie of Rome and the authoritie of the sacred Synod haue soe establisht the primacie of the Apostolicke Sea as presumption should attempt nothing vnlawfull against the authoritie thereof for soe the peace of Churches shall be maintained by all if the vniuersalitie acknowledge her Rector And a little after Wee decree by a perpetuall ordinance that it shall not be lawfull either for the Bishops of the Gaules or those of other prouinces to attempt anie thing against the ancient custome without the authoritie of the Reuerend Pope of the eternall cittie but to them and to all those things shall be lawes which haue bene ordained or shall be ordained by the authoritie of the Apostolicke Sea in such sort as whatsoeuer Bishop being called to the iudgement of the Pope of Rome shall neglect to present himselfe he shall be constrained by the Gouernor of the prouince to appeare For to obiect that Prosper for all this attempt did call HILARIE Bishop of Arles a Saint it had bene somewhat if betweene HILARIES attempt and his death there had bene noe penance interposed but soe farr was HILARIE from persisting in this crime to the end of his daies that he went himselfe to make personall satisfaction to the Pope He vndertooke saith the author of his life reported by Cuias a iourney to ` Rome on foote and entred into the
Towne without a horse or anie beast of carriage and presented himselfe to Pope Leo reuerentlie offering him obedience and requiring with humilitie that he might ordaine of the estate of the ãâã after the accustomed manner c. neuerthelesse if it were not his will he would not importune him And againe He applied himselfe wholie to appease the spiritt of Leo with a prostrate humilitie And why then when Eutyches who liued in the tyme of the same Emperors pretended that he had appealed from Flauianus Archbishop of Constantinople to Pope Leo did not Flauianus dispute that he could not appeale but that he had not appealed Eutyches saith Pope Leo writing to ãâã affirmes that in full iudgement he pretended you a request of appeale and it was not receiued by which meanes he was constrained to make acts of protestation in the cittie of Constantinople And Flauianus answering Leo Eutyches said he hath informed you that in the time of iudgement he pretended to vs and to the holy Councell heere assembled libells of appeale and that he appealed to your ãâã which was neuer done by him And againe Moued then most holie Father with all these attempts of his and with those which haue bene done and are done against vs and against the holy Church doe you worke confidently according to your wonted courage as it belongs to the priesthood and making the common cause and the discipline of the holy Churches your owne vouchsafe to confirme by your writings the condemnation which hath bene regularlie made against him And for what cause did the Councell of Chalcedon embrace the iudgement that the Pope had giuen against Eutyches after the sentence of Flauianus his owne Bishop as giuen by a competent iudge and attributed the finall deposition of Eutyches to the Popes iudgement By the decrees of his tyranny saied the Councell of Chalcedon writing to the Pope and speaking pf the attemptes that Dioscorus had made in the false Councell of Ephesus he hath ãâã ãâã innocent and bath restored to him the dignitie whereof he was depriued by your Holynesse And why then when Peter Chrissologus Bishop of ãâã writt to the same Eutyches the Epistle which is annext to the front of all the Greeke and Latine actes of the Councell of Chalcedon did he saie We exhort thee in these things Reuerend Brother to lend an obedient attention to the letters of the most holy Pope of the cittie of Rome for asmuch as the blessed Peter who liues and rules in his owne Seate exhibits the true faith to those that seeke it for we for the desire we haue of peace and faith cannot heare matters of faith without the consent of the Bishop of Rome And why then when Theodoret Bishop of Tire a towne neere Persia and subiect to the Patriark of Antioch had bene deposed in the false Councell of Ephesus did he appeale to the Pope I attend said Theodoret in his letter to Pope Leo the sentence of your Apostolicke Throne and beseeche your Holynesse to succor me appealing to your right and iust iudgement and commaund that I transport myselfe to you and verifie that my doctrine followes the Apostolicke stepps And for what cause did Flauianus Bishop of Constantinople hauing bene deposed by the same Councell appeale to the same Pope We ought said the Emperor Valentinian the third writing to Theodosius the second Emperor of the East to preserue inuiolable in our daies the dignitie of particular Reuerence to the blessed Apostle Peter that the holy Bishop of Rome to whom antiquitie hath attributed the priesthood aboue all may haue place to iudge in matters of saith and of the Bishops c. for therefore according to the custome of Councells the Bishop of Constantinople had appealed to him in the contention which is risers about points of Faith and Liberatus Archdeacon of Carthage Flauianus saith he the sentence hauing bene pronounced against him appealed to the Apostolicke Sea by petition presented to his Legates For to saie as the Popes aduersaries doe that the actes of the falfe Councell of Ephesus which were read againe in the Councell of Chalcedon onely bare that Flauianus said to Dioscorus I appeale from thee without saying I appeale from thee to the Pope Who knowes not that those actes as it was represented to the Councell of Chalcedon had bene all falsified by Dioscorus who had put in and put out what he listed making the Bishops signe by force to blanckes They haue ãâã vs violence with woundes said the Bishops of the East to the Councell of Chalcedon we haue signed blanckes And Eusebius Bishop of Dorilaus reporting the same history to the councell of Cbalcedon Dioscorus said hee inserted in the actes things that were neuer spoken and constrained the Bishops to signe to blanckes And besides the exhibition that Flauianus made of his Petition of apppeale to the Popes Legates and the opposition that the Popes Legates made for him against Dioscorus and againste all the Councell as soone as he had appealed and the appeale that Theodoret the neighboring bishop to Persia and companion in Flauianus condemnation putin from the same councell to the Pope resisting and makeing his appeale be iudged of before the Pope doth it not sufficiently manifest that it was to the Pope that Flauianus appealed Moreoner how had Flauianus in saying simplie I appeale from thee made it vnderstood that it was to an oecumenicall councell that he apealed since the councell wherein Dioscorus condemned him tooke alsoe in condemning him the litle of oecumenicall and had bene assembled by the Emperor THEODOSIVS the second in the qualitie of oecumenicall and after confirmed as oecumenicall and that to be truly oecumenicall there wanted nothing of the number and plenitude of Bishops but the only authority of the Pope which was distracted from it by the seperation of his Legats whereof some were fledd and the rest remayned out of their ranke and amongst the presse Contrarywise that all the Patriarkes of the earth and all the principall metropolitans and Bishops of their Patriarkshipps were there and that there wanted of the Patriarkes none but the Pope alone is it not a sufficient proofe that Flauianus saying I appeale and presenting his libell of appeale to the Popes Legates and the Popes Legates protesting at the same tymt an opposition against the sentence from which he appealed that it was to the Pope that he appealed though the Emperor VALENTINIAN had not also said these expresse wordes The Bishop of Constantinople according to the custome of councells hath appealed to the Pope and Liberatus these Flauianus sentence hauing bene pronounced against him appealed to the Sea Apostolick For to obiect that the Pope did not retaine the iudgement of the cause intirely but desired it might be iudged in a generall councell haue wee not already said that the Popes custome after appeales was to doe two things one to iudge of
it temporally executory they testified that it was by the Popes authority that it had iudged the cause of Flauianus The synod of Chalcedon said the lawe by the authoritie of the most blessed Bishop of the Citty eternall in glorie Rome examining exactly matters of Faith aud strengthning the foundation of Religion attributed to Flauianus the reward of his past life and the palme of a Glorious death Now how is this anie other thing but to saie that which Pope Gelasius writt forty yeares after in these wordes The sea Apostolicke delegated the Councell of Chalcedon to be made for the common faith and the Catholicke and Apostolicke truth And againe Flauianus hauing bene condemned by the Congregation of the Greeke Bishops the sea Apostolicke alone because he had not consented thereunto absolued him and contrary wise by his authoritie condemned Dioscorus Prelate of the second sea who had there bene approued and alone annulled the wicked synod in not consenting to it and alone by his authoritie ordained that the Councell of Chalcedon should be kept But things incident carry vs away lett vs againe returne to our careere And why then when the Councell of Chalcedon was open was the first coÌplaint that was made against Dioscorus patriark of Alexandria that he had presumed to vndertake to keepe a generall Councell and to be President there without commission from the Pope Vpon which complaint also Dioscorus came downe from this Patriarkall seate wherein he was first sett and stood in the middest of the place as an accused party and not as iudge Wee haue in our handes said Paschasinus Bishop of Lylibea in Sicilia and Legat from the Pope speaking to the Councell the commaundments of the blessed and Apostolicke Prelate of the Cittie of Rome who is the head of all Churches whereby he vouchsaffed to ordaine prouisionallie that Dioscorus sit not in the councell and that if he attempt it that he should be cast out And Lucentius Bishop of ãâã also the Popes Legate Dioscorus said he must yeild an account of iudgement for as much as hauing noe right to doe the office of a iudge be attempted it and presumed to holde a Synod without the authoritie of the sea Apostolicke which neuer hath bene lawfull nor neuer was done And Euagrius in the narration of the history of the Councell The senat saith he hauing ãâã of the legates from Leo what charge there was against Dioscorus they ãâã that he must yeild an account of his owne iudgement because against might ãâã had vsurped the person of a Iudge without the Bishop of Romes permission After which answere ` Dioscorus by the senats iudgment stood in the ãâã of the place And why then when Theodoret Bishop of Cyre a cittie as hath bene said in the confines of Persia had bene restored by Pope Leo from the Deposition of the Councell of Ephesus from whence he had appealed to him did the Emperors Officers who assisted in the Councell of Chalcedon to cause order to be obserued proclayme Lett the Right Reuerend Bishop ãâã come in that he may haue part in the Synod because the most holy Archbishop ãâã bath ãâã him to his ` Bishopricke and that supplied vpon this restitution the most sacred and religious Emperor hath ordained that he shall assist in the holy ãâã For that the Emperor had made himselfe the Executor of the Popes authority in this Councell it appeares by the protestations he had made of it a little before in these wordes Wee conceiued that we ought first to addresse ourselues to thy Holynesse who hast the superintendance and principalitie of Faith And againe Our desire is that peace should be restored to the Churches by this Councell celebrated vnder thy authoritie And why then when the Priests and deacons of Alexandria presented their Petitions against Dioscorus in the Councell of Chalcedon did they couch them in these termes all the Councell seeing and approuing it and ordayning that they should be registred in the Actes To the most holy and most blessed Archbishop and Vniuersall Patriarcke Leo and to the most holy and ãâã Councell For as for the instance that the Bishop of Constantinople made afterward to participate in this title vnder the Pope and in second place after the Pope as Constantinople being a second Rome it shall be spoken of hereafter And why then when Paschasinus the Popes Legate gaue his voice vpon the deposition of Dioscorus did he saie That the Pope had pardoned all those who in the false Councell of Ephesus had by force consented to Dioscorus that is to ãâã to almost all the Metropolitans and Patriarkes of the Easterne Empire The ãâã Apostolicke saith he graunts them pardon for those things that they committed there against their wills for asmuch as they haue remained vnto this time adhering to the most holie Archbishop Leo and to the holy and vniuersall Councell And why then when the actes of the false Councell of Ephesus were in the Councell of Chalcedon annulled did Anatolius Bishop of ConstaÌtinople pronounce that of all that had bene done in the Councell of Ephesus nothing ought to remaine entire but the election of Maximus Bishop of Antioch for as much as that had bene coÌfirmed by the Pope My voice said he is that none of the things ordained by the pretended Councell of Ephesus shall remaine firme concept that which was done for Maximus Bishop of great Antioch for as much as the most holy Archbishop of Rome Leo receiuing him into his communion hath iudged that he ought to rule the Church of Antioch From whence it is also that the same ãâã who had bene created Archbishop of Constantinople in the false Councell of Ephesus held not his Archbishopricke from the false Councell of Ephesus but from the confirmation of the sea ãâã as Pope Leo writing to the Emperor Marcian puts him in mynde in these Wordes It should haue sufficed him that by the consent of my fauour ãâã ãâã ãâã the Bishopricke of soe great a Cittie And why then when the Fathers of the Councell of Chalcedon framed that famous relation to Pope Leo which is not only inserted in all the ãâã and latine Actes of the Westerne and Easterne libraries but also is cited by the Greeke Schismatickes and amongst others by Nilus Arch bishop of Tessalonica in his Booke against the Pope did they write to him that he had ruled in the Councell as the head to the members and that the Emperors had presided there to cause order to be obserued that is to auoide such murthers and tumultes as happened in the false Councell of Ephesus And put a like difference betwene the Popes Presidencie and the Emperors as betweene the Presidencie of Iesus the high priest of the Sinagogue and that of Zorobabel prince of the Iewish people in the building of the Temple You presided the Councell writt to the Pope in ' this assemblie as the head
haue alwaies obserued what the authority of the Prelates of the sea Apostolicke hath commaunded And why then when saint GREGORIE the Great to whom I haue brought downe this information as well because the English men deriue from him the originall of their Mission Ecclesiasticall as because Calume propoundes him for true and lawfull modell of the iurisdiction of Popes reprehended 1027. yeares agone Natalis Bishop of Salona in Dalmatia for the fault that he had committed for which he after did penance in deposing Honoratus Archdeacon of Salona notwithstanding Pope Pelagius letters did he write to him that such a disobedience had bene intollerable euen in one of the fower Patriarkes If one of the fower Patriarkes said hee had committed such an act soe great disobedience could not haue escaped without a greeuous scandall And why then when Clementius Primat of Bysacia in Africa had bene accused before the Emperor and sent backe by the Emperor to the Sea Apostolicke doth the same S. GREGORY saie If there be anie faulte in the Bishops I knowe not what Bishop is not subiect to the Sea Apostolicke if a faulte require it not according to the reason of humilitie we are all equall And why then when John Archbishop of Larissa in Thessalia had vniustly and vnworthily condemned Adrian Bishop of Thebes one of the Bishops of his iurisdiction and that the Bishop of Thebes had appealed to Rome from him did S. Gregorie ecclipse the Bishop and Bishopricke of Thebes from the iurisdiction of the Archbishop of Larissa his Metropolitan and declared the Archbishop of Larissa if euer he attempted more to exercise anie act of Metropolitan ouer him interdicted from the sacraments soe as they could not be restored to him except at the howre of death but with the leaue of the Bishop of Rome Wee ordaine said hee that thy brotherhood abstaine from all the iurisdiction which you haue formerly had ouer him and ouer his Church And a while after that if in anie time or for ãâã occasion whatsoeuer thou shalt attempt to contradict this our statute knowe that we declare thee depriued from the sacred communion soe as it may not be restored to thee except in the article of death but with the leaue of the Bishop of Rome And why then finally when the Patriarke of Constantinople had gotten the vpper hand of the other Patriarkes did he continue to suffer appeals of causes from his iurisdiction to the Popes tribunall and to acknowledge himselfe subiect and inferior to the Pope Iohn priest of Chalcedon saith S. GREGORIE in the cause that he had against our Brother colleague Iohn Bishop of Constantinople hath had recourse according to the Canons to the Sea Apostolicke and the cause hath bene determined by our sentence and againe pronouncing the restitution of Athanasius a priest and a Religious man of Lycaonia who had bene deposed and cast out of his monastery by the same John Patriarke of Constantinople and had appeald to him Wee declare thee said hee to be free from all spott of heresie and a Catholick c. and giue thee free leaue to returne into thy Monasterie and to holde there the same ranke as thou didst before And againe who doubts but the Church of Constantinople is subiect to the Sea Apostolicke which the most Religious Emperor and our brother Bishop of the same towne doe continually protest For as for the word vniuersall Bishop wherein the Bishop of Constantinople desired to participate with the Pope but vnder the Pope and in the Empire of the East forasmuch as Constantinople had bene erected into the title of the second Rome it shall be answered in a chapter by it selfe for the resusall that S. GREGORIE made to vse the title of vniuersall Bishop though it had bene giuen to his Predecessors in the Councell of Chalcedon it shal be satisfied in the same place and shewed that it was because of the euill sence the word vniuersall Bishop might receiue which was to signifie only Bishop and soe exclude the other Prelates from the title of Bishops in chiefe and of ministers and officers of God and to hold them but for committees and deputies of the vniuersall Bishop as the same S. GREGORIE protestes when he faith If there be one that is vniuersall Bishop all the rest are noe more Bishops and not to depriue himselfe from the superintendencie and iurisdictioÌ ouer all other Bishops of which he cryes cleane contrary If there be anie crime in the Bishops I knowe noe Bishop but is subiect to the Sea Apostolicke if noe crime require it according to the reason of bumilitie we are all equall Of formed letters CHAPT XXVI The continuance of the Kinges answere THEN were alsoe in frequent vse formed letters by the commerce and contexture where of the communion was admirably exercised amongst all the members of the Church how farr soeuer they were distant one from an other in place THE REPLIE IT is true but the center of this communion and of this Ecclesiasticall vnitie which was exercised and entertained by the commerce of formed letters was the Sea Apostolicke and the Roman Church This appeares by S. Ireneus who cryes to the RomaÌ Church because of a principality that is to say as it hath bene aboue manifested because of the principalitie of the Sea Apostolicke it is necessary that euery Church should agree This appeares by S. Cyprian who calls the Roman Church the chaire of PETER and the principall Church and the originall of Sacerdotall vnitie This appeares by the lawe of the Emperor Gratian which ordained that the Churches should be deliuered to those that were in the Popes communion Hee ordained saith Theodoret that the sacred howses should be restored to those that coÌmunicated with Damasus And a while after and this lawe was indefinitely executed in all nations This appeares by S. Ambrose who writes speaking of his Brothers comeing into one of the citties of the Isle of Sardinia He asked the Bishop of that place whether he agreed with the Catholicke Bishops that is to saie added he with the Roman Church This appeares by S. IEROME who writes to Pope Damasus I am ioyned in communion with thy Blessednesse that is to saie with Peters chaire I knowe the Church is built vpon that Rocke whosoeuer is not in the Arke he shall perish at the coming of the floud he that eates the lambe out os this howse is profane And a while after Whosoeuer gathers not with thee scatters that is to saie whosoeuer is not of Christ is of Antichrist And againe Send me word with whom I ought to communicate in Antioch for the heretickes of Campes with those of Tharses haue noe other ambition but that they might vnder the authoritie of your communion preache the three hypostosies according to the ancient vnderstanding And in an other place The while I cry if anie of you be ioyned to Peters chaire he
but a simple Bishopricke subiect itselfe in the first instance to the Archbishop of Cesarea and by appeale to the Patriarck of Antioch and not bearing the title of a Patiarcke but onely as a name of honor to haue place in the Councells after the true Patriarckes but not to exercise Iurisdiction ouer anie other diocesse This appeares both by the Councell of Nicea which perserues the title of honor to the Bishop of Elia that is to the Bishop of Ierusalem alwaies sauing the dignitie of his owne Metropolitan meaning the Archbishop of Cesarea And by saint IEROM who askes John Bishop of Jerusalem why he had recourse to the Sea of Alexandria since the iudge of the Bishop of Jerusalem in the first instance was the Archbishop of Cesarea and in the second hee of Antioch Thou saith hee which searchest out Ecclesiasticall rules and makest vse of the Canons of the Councell of Nicea c. answere me wherein doth Palestina belong to the Bishop of Alexandria it is ordained if I be not deceiued that Cesarea should be metropolitan of Palestina and Antioch of all the East then either thou oughtest to haue referred they cause to the Bishop of Cesarea c. or if there were cause to seeke a iudgement farther thou shouldest rather haue writen to Antioch And a while after but thou hast rather chosen to importune eares alreadie possessed then to yeild due honor to thy Metropolitan And finallie this appeare by the Councell of Chalcedon which assignes to Iuuenall Patriarck of Ierusalem for his first Patriarchall territorie the three Palestina's For that Ierusalem in the Councell of Constantinople was called the mother of all the Churches it was mother in antiquitie and not mother in authoritie And that in the Councell of Ephesus Iuuenall Bishop of Ierusalem saith according to the Latine translation of Rome that the ancient custome and the Apostolicall tradition was that the Church of Antioch was to be directed by the Church of Ierusalem it is a mistaking of the translator of Rome who insteede of saying the Roman as Peltanus hath it hath said the Ierosolomitan For that the laste clause of the period is to haue reference to the Roman Sea as was done by Peltanus and not to that of Ierusalem as the interpreter of Rome hath done abusing himselfe with this that the word to obey gouernes the datiue and not considering that the word to honor which is there added alters the rule is verified by seauen vndoubted profes First it is verified by this that the greeke text shoud also haue no construction there being no verbe within the period to gouerne this accusatiue the throne Apostolicke of great Rome but the verbe to honor It is secondly prooued because alwaies the Bishops of Rome and not those of Ierusalem haue iudged of the Councells of Antioch as it hath bene aboue specified in the cause of Paule Samosatenus and of of saint ATHANASIVS It is thirdlie verified because the nullitie propounded against the Councell of Antioch in saint ATHANASIVS time was grounded not vpon the absence of the Bishop of Jerusalem who yet was no more there then the Bishop of Rome as Socrates notes but vpon the absence of the Pope or his legates It is verified in the fowrth place because the Bishop of Antioch was so farr from being subiect to him of Ierusalem that contrariwise the Bishop of Ierusalem as hath lately bene shewed both by the testimonie of the Councell of Nicea and by that of saint IEROM was subiect in the first instance to the Bishop of Cesarea and by appeale to him of Antioch It is verified in the fifth place because the same Councell of Ephesus and in the presence of the same Iuuenall sent backe the cause of Iohn Patriarcke of Antioch to the Pope It is verified in the sixt place because in the Councell of Chalcedon where Iuuenall was also present the sentence of Anatholius Bishop of Constantinople was that Maximus Bishop of Antioch should remaine for as much as Pope Leo hauing receiued him into his Communion had iudged that he should rule the Church of Antioch And finallie it is verified because in the general Councell of Constantinople against the Monothelites the cause of Macarius Patriarke of Antioch who had bene deposed by the Councell was sent backe not to the Bishop of Ierusalem but to the Pope Macarius and his adherents saith the Emperor Constantine Pogonat haue bene deposed by the consent of the whole Councell and remitted to the discretion of the most ãâã Pope The same may be also said of the Archbishopricke of Constantinople for as much as although that the Councell of Constantinople holden vnder Nectarius had desired to erect it into a Patriarckship neuerthelesse this desire had no place till after the Councell of Chalcedon By meanes whereof the Church did not acknowledge in the tyme of saint AVSTIN anie more then the three Patriarchall Chaires which had bene acknowledged by the Councell of Nicea to witt Rome Alexandria and Antioch For whereas Socrates putts amongst the Patriarchips of the Easterne Empire the primacie of Pontus and that of Asia-minor from whence some inferr that it is an impertinent thing to goe about to restraine the number of the ancient Patriarckes to the onely Seas mentioned by the Canons of the Nicean Councell they shew their owne impertinencie not to see that Socrates there extendes by confusion of language the word Patriarkes to all kinde of Primates and imployes it not vniuocallie and in the same sence whereto we imploy it when we speake of Patriarkes properly taken no more then when Cassiodorus calls the primates and Metropolitans of Italie Patriarcks or when Gregorie of Tours calls Nicetius ãâã of Lion Patriarcke they intend not to speake of Patriarckes properly and strictly taken but of Patriarckes taken largely and generally Now these things were manifestlie distinct as Cuias hath plainelie noted in these termes the imperiall lawe separates the priuiledges Patriarchall and metropoliticke For not to touch other diuersities which were betweene the Patriarckes speciallie taken that Antiquitie otherwise calls Archbishops and Patriarkes generally taken that is betweene Patriarckes and those that were but simplie Primates and Metropolitans there was this difference betweene them that the Seate of the Patriarckes properly and especiallie taken was fixed and annexed to the dignitie of their Seas and neuer varied for anie respect of anterioritie of posterioritie of promotion In such sorte as Patriarckes properly taken neuer preceded by anie primates or Motropolitans whatsoeuer anterioritie of promotion the simple primates or metropolitans had before them nor amongst the Patriarckes properly taken the third neuer preceded the second whatsoeuer antiquitie of promotion he had aboue him but their Seates were annexed to the order of their Seas and not to that of their promotion Where Patriarckes generally and inproperlie taken that is to saie primates or metropolitans had amongst them
the cittie of Rome besides that she was head of the Empire of the West a thinge which was common to her with the two other citties of Alexandria and Antioch each in the behalfe of their ancient territorie had yet this condition more aboue the rest that she was also the head of the vniuersall Bodie of the Empire soe the finall and absolute Sea of S. PETER which he constituted at Rome besides the Patriarchall iurisdiction and as correspondent to the Empire of the West in which it agreed with the other Patriarchall Chaires had yet more the degree of head of the Church and Prince of the Patriarkes in which he was superior to the other patriarchall Thrones And when there was question of things that went beyond the Patriarchall iurisdiction that is of greater causes and which concerned the vniuersall Churches as were causes of Faith or of the generall customes of the Church or those of the finall deposition of Bishops or those of iudging the verie persons of the Patriarkes exercised Ecclesiasticall iurisdiction ouer them iudged both of their iudgements of their persons For S. PETER hauing purposed to followe in the distributioÌ of spirituall iurisdictions the order alreadie established in the distribution of temporall iurisdiction it must followe that the same proportion that was betweene the seate of Rome the seates of the other two Empires in case of politicke secular iurisdictioÌ must likewise be maintained betweene the Sea of the Bishop of Rome and those of the other Patriarkes in case of Ecclesiasticall spirituall iurisdiction that for two causes the one occasionall remote to witt the secular dignity of the cittie of Rome which had moued S. PETER to sett the spirituall soueraigntie of the Church in that place where alreadie the temporall soueraigntie of the common-wealth was setled the other neere formall immediate to witt the spirituall dignitie of S. PETER for the eminencie whereof it was fitt that he that was the head of the episcopall societie should establish his finall absolute Throne plant the stock of his direct succession in that place where the stocke principall Seate of the human temporall iurisdiction was alreadie planted As the Emperors Theodosius and Valentinian note in these wordes The primacie of the Sea Apostolicke hath bene established both by the merit of Peter who is the Prince of the Episcopall societie and by the dignitie of the cittie and by the sacred authoritie of the Synod Now there was this difference betweene the seate of the cittie of Rome and the seates of the other prefectures in matter of secular temporall iurisdiction that not only the Emperor of the Roman common-wealth commaunded the Prefects and Presidentes of the other Seates but also that the cittie prefect of Rome besides the iurisdiction of his ordinary territorie which was limitted in regarde of iudgement in the first instance to a certaine number of prouinces had yet as head of the Senate and vicar to the Emperor the right of examining by appeale the causes of all the prouinces of the Fmpire For when Augustus and the Emperors following establisht or re-establisht the office of Prefect of the cittie of Rome they gaue him power to iudge of the appeales of all the prouinces of the Roman circle as the interpreter of the notice of the Empire and euen the aduersaries of the Roman Church doe acknowledge alleadging be it well be it euill these words of Mecenas reported in Dion that the Prefect of the cittie shall iudge of the appeales and prouocations of all the Magistrates aboue mentioned And those of Statius addressed to the cittie prefect vnder Domitian Jnque sinum quae saepe tuumfora turbida quaestu Confugiunt legesque vrbesque vbicunque togatae ãâã longinquis implorant iura querelis And those of an epistle from the Senat to the iudges of Carthage reported by Vopiscus in the tyme of the Emperor Tacitus All appeales shall belong to the cittie Prefect which shall yet proceede from the ãâã and ordinarie Iudges And these of an other epistle of the Senat to the Iudges of Treues and to the Antiochians Aquileyans Milaneses Alexandrians Thessalonians Corinthians and Athenians The right of appeale hath bene vniuersallie decreed to the Prefecture of the cittie And these of an epistle of Tiberianus The appeales from all the powers and from all the dignities are returned to the cittie Prefect And these from a lawe of Constantine to Iulian the cittie Prefect Wee will not that the iudges from whom the appeale shall remitt the causes to our clemencie but they shall haue recourse to the sacred auditorie of thy grauitie to whom we haue committed our Vicarship which was after abolished by the translation of the appeales to the Pretoriall Prefects from whence wee haue a lawe of Constantius in the Theodosian-Code which ordaines the Prefect of the Pretory of Italie to examine the appeales from Sicily from Sardinia from Calabria from Prussia and from the prouinces now called Lombardy and adds for the cittie Prefect informed by our answere hath bene aduertised to depart from it By meanes whereof as the cittie of Rome besides that she is head of the Empire of the West leaues not to haue dominion ouer the heades of the two other Empires or to reduce the matter into more strict termes as the Prefect of Rome in the first ages of the Empire besides the ordinary iurisdiction that he had ouer the prouinces of his territory yet left not as Vicar to the Emperor and head of the Senat to iudge of the appeales os all other prouinces so the Pope beside the iurisdiction he had in qualitie of Patriark of the West ouer the prouinces of the patriarkship os the West yet lest not as head os the Church and successor of saint PFTFR and principall Vicar of Christ to haue the supereminence and generall superintendence ouer all the other prouinces To the Roman Church saith saint IRENEVS because of a more mightie principalitie that is to saie as hath aboue appeared because of a principalitien ore mightie then the temporall it is necessarie that all Churches should agree And saint CYPRIAN The Roman Church is the Chaire os PEPER and the principall and originall of the Socerdotall vnitie And Sainct Athanasius They haue had noe reuerent esteeme that Rome was the Sea Apostolick and metropolitan of Romania And saint GREGORIE Nazianzene The ancient Rome treads rightlie in the faith houlding all the West bound by the healthfull word as it is conuenient for her to doe that ruleth all the world And sainct IEROM a priest of the Church of Antioch and disciple of S. Gregorie Nazianzene writing to Pope Damasus I know the Church is founded vpon that stone whosoeuer eateth the lambe out of that howse is profane And a little after I know not Vitalis I am ignorant of Miletius I reiect Paulinus whosoeuer gathers not with
thee scatters And S. AVST In the Roman Church hath alwaies ãâã the principalitie of the Sea Apostolicke And Prosper whom saint ãâã reputes his second selfe and whom Joseph Scalager calls the most learned man of his age The principalitie of the Apostolick priesthood hath made ãâã greater by the Tribunall of Religion then by that of the Empire els where changing his prose into verse Rome great Apostle Peter's sacred Seate Head of the Churches-Bodie heere below Hath by Faithes Empire made her selfe more great Then she by all her armed powres could grow And ãâã the first in the epistle to Anastasius Bishop of Thessalonica It hath bene prouided by a grand order that all should not attribute all things to themselues but that in euery prouince there should be some whose sentence might holde the first place amongst their bretheren And againe that there might be others constituted in the greater citties who might vse a greater diligence by whom the care of the vniuersall Church might flow to the onely Seate of Peter And therefore ãâã the AllexandriaÌs would accuse Dionisius Patriark of Alexandria their Bishop they went vp to Rome saith S. ATHANASIVS accused him before ãâã Bishop of Rome And when the same ATHANASIVS likewise Patriark of Alexandria Paul Bishop of Constautinople and Marcellus Primat of Aneyra in Galatia had bene deposed by diuers Councells of the ãâã The Bishop of Rome saith Sozomene restored to each one his Church because to him for the dignitie of his Sea the care of all things belonged And when the cause of Iohn Patriark of Antioch had bene propounded to the Councell of Ephesus the Councell remitted the iudgment to the Pope And Iuuenall Bishop of Jerusalem said that the anoient custome and ãâã tradition bare that the Church of Antioch should be ruled by the Roman And when the Councell of Chalcedon disanulled the actes of the false Councell of Ephesus they excepted the creation of Maximus Patriark of Antioch because saith Anatolius Archbishop of Constantinople The Pope hauing receiued him into his communion hath iudged that he should rule the Church of Antioch And when Theodoret Bishop of Cyre in the borders of Persia and subiect to the patriarkhip of Antioch had bene deposed in the same Councell of Ephesus he appealed to the Pope and the Councell of Chalcedon receiued him because saith the Senat The Pope had restored him to his dignitie And when Flauianus Archbishop of Constantinople had bene deposed by Dioscorus Patriark of Alexandria and by the false Councell of Ephesus he appealed likewise to the Pope and that saith the Emperor Valentinian following the custome of the Councells And when Iohn Patriark of Alexandria had bene driuen from his Sea by the plott of the ãâã Zeno he also appealed to the Pope that with the intercessioÌ of the Patriark of Antioch as Liberatus Archdeacon of ãâã a writer of a thousand and one hundred yeares antiquitie reportes in these wordes John saith Liberatus hauing taken Synodicall letters of intercession from Calendian Patriarke of Antioch appealed to Pope Simplicius And thus much of the comparison of the Pope with the other Patriarkes For as for the canon of the Councell of Nicea which seemes to rule the Bishops of Alexandria Antioch ouer the Bishop of Rome it shall be spoken of heereafter Of the difficulties of the Scripture concerning the tyme of S. Peters staie at Antioch and at Rome CHAPT IV. BVT against this that wee haue affirmed of the sitting of Saint PFTER at Antioch and at Rome Caluine and the other aduersaries of the Church forme twelue principall obiections eight from the Scripture and fower from the Fathers The first obiection is that S. PAVL found S. PETER in Ierusalem the two first voyages that he made thither the one three yeare after his conuersion the other when he carried the almes for the famine foretould by Agabus then that the Episcopall staie of S. PETER at Antioch which after S. Ieroms computation betweene these two voyages could not be seauen yeares as S. Gregorie affirmes it as wee suppose it for asmuch as S. Paules conuersioÌhappened at the soonest three yeares after the death of IESVS CHRIST S. PETER departed from Jerusalem to goe to Rome the secoÌd yeare of the Empire of Claudius which was the eleauenth yeare after the death of Christ. The seconde obiection is that S. PETER still assisted at Jerusalem at the Councell holdeÌ for the legall causes about twentie yeare saie they after the death of our Lord and was crucified as we saie the fourteenth yeare of the Empire of Nero that is the seauen thirtith yeare after the death of our Sauiour then he could not haue bene 25 yeare at Rome as wee saie The third that S. PAVL addressing the principall of his epistles to the Romans doth not there salute S. PETER whom he would not haue forgotteÌ if he had bene there The fourth is that S. PAVL writing from Rome to the Philippians complained that euery one sought his owne not that which was of Christ. And to Timothie that all had abandoned him which he would not haue done if S. PETFR had bene there The fist that when S. PAVL came to Rome the bretheren went to meete him amongst whom there is noe mention of S. PETFR and the Iewes prayed him to declare to them his opinion of the sect of the Christians a thing they would not haue required if S. PETER had preached at Rome before him The sixt that S. LVKE who writ the history of the Actes of the Apostles maketh no mention of S. PETERS voyage to Rome The seauenth that S. PAVL who hath described the enterview betweene S. PETER and him at Jerusalem and Antioch speakes not of their enter-view at Rome which was the most famous cittie of the world And the eigth that S. Iohn made mention of the kinde of death by which S. PETER should glorifie God but makes no mention of the place of his death Now lett vs first dispatch the obiections taken out of scripture and after we will proceede to those taken out of the Fathers To the first obiection then from Scripture which is that S. PAVL still found Saint PETER in Jerusalem in the two first voyages that he made ãâã ãâã ãâã one three yeares after his conuersion and the other when ãâã ãâã ãâã the almes for the famine foretould by Agabus and ãâã ãâã ãâã that the Episcopall staie of S. PETER at Antioch which was ãâã ãâã the two voyages could not bee of seauen yeares I answere that the ãâã ãâã of ãâã Paul happened not in the third yeare after the death of our ãâã as they pretend a thing which troubles all the harmonie of the history but the first And this I proue in this manner Betweene the Councell of Ierusalem and S. ãâã departure to goe to Rome S. Paul remained
oppressed inclosed as the most part of the faithfull were constrained to hide themselues in caues and places vnder ground to auoid the persecutions tyrannies of the infidells Iointlie that wee say not that S. PETER remained alwaies fixed and tied to Rome while he was Bishop thereof but that he went from tyme to tyme planting the Ghospell in the lesser citties and placing Bishops ouer them and that during these voyages he administred the Roman Church by the ministrie of Linus and Cletus whom he had there establisheth for his Coadiutors which is the cause for which if wee belieue Russinus they are sometimes reckoned in the order of the Bishops of Rome before S. CLEMENT and sometymes after him And whereas the Iewes prayed S. PAVL when he came to Rome to informe them of the sect of the Christians which they obiect to vs they would not haue done if saint PETER had already bene Bishop there Wee answere that they prayed S. PAVL to informe them not of the sect of the ChristiaÌs but of the opinioÌ that he whom they reputed to be greatly versed in the Iewish doctrine had of them Otherwise how could S. PAVL say in his epistle to the Romans aboue fower yeare before his arriuall at Rome your faith is declared through the whole world To the sixt obiection which is that S. LVKE who hath written the historie of the Apostles speaketh not of the voyage of S. PETER to Rome we answere S. LVKE purposed to write particularlie the actes of saint PAVL his master and not these of the other Apostles For except that which past betweene the death of our Lord and the conuersion of saint PAVL where he treates the historie of the Apostles in coÌmon to make it serue for a foundation to the particular relation of the actes of S. PAVL and except the discourse of the conuersion of Cornelius which hee adds there for as much as this conuersion was the ouerture of the Ghospell to the Gentiles for whose vocatioÌ S. PAVL had bene called S. LVKE doth not after that to the end of his booke make mention of anie other Apostle vnlesse in as much as hee was in the place where S. PAVL was and yet he omitts the voyage of S PAVL to Ierusalem to visit S. PETER S. PETER S. PAVLES meeting at Antioch and the right hand of association giuen by S. PETER S. IAMES S. IOHN to S. PAVL the voyage of the same S PAVL into Galatia which caused Beza to saie Luke hath omitted manie thinges and principallie S. PAVLES voyage to the Galathians And therefore so farr is S. IEROM from making vse of S. LVKES silence to weaken the credit of S. PETERS staie at Rome as contrariwise he argues the staie of S. PETER at Antioch and at Rome to shew how S. LVKE hath passed manie thinges vnder silence and takes this foundation for a certaine and vndoubted principle of historie Finallie saith S. IEROM we haue learnt that Peter was the first Bishop of the Church of Antioch and that from thence be was transferred to Tome which Luke hath vtterly omitted To the seauenth obiection which is that S. PAVL speakes of the enterview betweene S. PETER and himselfe both at Ierusalem and Antioch but speaks of no meeting betweene S. PETER and him at Rome which was the famousest cittie of the world wee answere that the epistle to the GalatiaÌs which is the onely place where S. PAVL speaks of the enterviews betweene S. PETER and him to dissipate the reproaches that they that would seduce the ãâã laid vpon him that he had not bene instituted Apostle by Christ but by S. PETER by the other Apostles who gaue him their right hands for associatioÌ was written if wee belieue S. CHRYSOSTOME before the epistle to the Romans and then we must not thinke it strange that S. PAVL touched nothing there of the enterview of S. PETER him at Rome since it was written before the voyage of S. PAVL to Rome To the eighth obiection which is that S. IOHN makes mention of the kinde of death of S. PETER but makes noe mention of the place of his death we answere two things the one that S. IOHN makes mentioÌ of the kinde of S. PETERS death not of of the place where because the kinde and not the place of the death of S. PETER belonges to the explication of this prophecie of our Lord When thou shall be olde thou shalt stretch forth thy hands And the other that so farre is this clause of S. IOHN from weakning the beliefe of S. PETERS death at Rome that it fullie confirmes and authoriseth it For S. IOHN hauing writt his Ghospell manie yeares after the martyrdome of S. PEEER and hauing explained and proued this ãâã os our Lord thou shalt stretch forth thy haÌds by the kinde of S. PETERS death without specifying it particularly it must be that when S. IOHN ãâã his Ghospell the kinde of S. PETERS death was knowne and euideÌt to all partes of the Church Now the kinde of S. PETERS death could not be knowne to all partes of the Church but the place of his death must likewise be knowne to them nor could the place of S. PETERS death be knowne to all the Church bee anie other then Rome For how could it háppen that not onely all the ancient authors yea those that writt in the next age after S. IOHN as S. DIONISIVS of Corinth S. IRENEVS Caius Tertullian infinite others but the very stones also the inscriptions of the sepulchres of S. PETER S. PAVL which were yet preserued and publickly shewed at Rome in the tyme of Caius should witnesse with a coÌmon voice that S PETER had bene martired at Rome that noe other Church but the Roman did euer glorie in his Relicks and his martirdome if froÌ the time wherein S. Iohn writt his Ghospell the place of S. PFTERS death had bene knowne to all the partes of the Church had bene anie other then Rome And therefore what remaines in all the texts obiected to vs from scripture which agrees not perfectly with the Chronology of the Church concerning the history of S. PETER Saint PAVL affirmes that three yeare after his conuersion he trauelled to Ieru salem to visit S. PETER consents not that exactly with our computatioÌ which reckons the conuersion of S. PAVL the first yeare after the death of our Lord the voyage of S. PETER to Antioch the fifth S. LVKE reportes that S. PAVL being come to Ierusalem for the distributioÌ of the almes during the famine which began the eleauenth yeare after the death of Christ found S. PETER there prisoner doth not that wholie agree with our Chronologie which supposes that the Episcopall Seate of saint PETER at Antioch was seauen yeare fiue compleate two imperfect The same S. LVKE writes that S. PETER withdrawing himselfe
of our Lord. And CAIVS of one tyme with Tertulian If thou wilt gue to the Vaticane or to the waie of Hostia thou shalt finde the trophies that is the Sepulchers of those which haue founded this Church And CLEMENT Alexandrius before him Papias the hearer of S. IOHN Marke being intreated at Roman by the bretheren writt a briefe Ghospell which PETER haueing read approued And ORIGEN PETER was crucified at Rome with his head downewards And saint CYPRIAN The Rome aÌ Church is the Chaire of PETER and the principall Church from whence proceeded the Sacerdotall vnitie And EVSEBIVS Vnder the Empire of Claudius the prouidence of God brought the great Apostle Saint PETER to Rome And againe the histories beare that PAVL was beheaded and PETER crucified at Rome vnder Nero and the titles of PETER and PAVL preserued to this daie in their sepulchers confirme it And LACTANTIVS PETER and PAVL preached at Rome and their ãâã remained written for memorie And S. ATHANASIVS though it were declared to PETER and PAVL that they should suffer ãâã dome at Rome yet they ãâã not to trauell thither And S. CYRILL of Ierusalem PETER and PAVL presidents of the Church came to Rome And saint EPIPHANIVS At Rome were first Apostles and Bishops PETER and ` PAVL and then Linus and then Cletus and then Clement And saint AMBROSE PETER is our warrant for this custome who hath bene Bishop of the Roman Church And againe Christ haueing answered PETER I goe to Rome to be crucified againe PETER vnderstood that this answere belonged to his Crosse And the Emperors GRATIAN and VALENTINIAN and THEODOSIVS Wee will that all the people ruled by the Empire of our clemencie liue in such Religion as the Religion insinuated hither-to by the diuiue Apostle PETER declareth that he gaue to the Romans And OPTATVS Mileuitanus Thou canst not denie but that thou knowest that in the Cittie of Rome the Episcopall Chaire was first conferred to Peter wherein Peter head of the Apostles sate And saint IEROM Simon PETER Sonne of Jona of the Prouince of Galilee of the Borough of Bethsaida brother to the Apostle Andrew and Prince of the Apostles after the Episcopat of the Church of Antioch and the preaching of the dispersion of those of the Circumcision which had belieued in Pontus Galatia Cappadocia Asia and ãâã came to Rome the second yeare of the Empire of Claudius to ouerthrow Simon Magus and held the Sacerdotall Chaire twentie fiue yeares there And againe Hegesippus affirmes That he came to Rome vnder Anicetus who was tenth Bishop of Rome after PETER And else where Cyprian addressed the Councell of affrica to Steuen Bishop of the Roman Church who was the twentie sixth after the Blessed Peter And RVFFINVS Peter ruled the Roman Church for the space of twentie fower yeares And SVLPITIVS Seuerus The ChristiaÌ Religion had then taken roote in the Cittie of Rome Peter being Bishop there And S. CHRISOSTOME What spectacle shall Rome see in the daie of Iudgemeut Paul comeing forth of his graue risen againe with PETER And OROSIVS Nero ãâã PETER to death by the Crosse and PAVL by the sword And saint AVGVSTIN Wee see the most eminent height of the thrice noble Empire submitting his diadem bend his knee to the supulcher of the fisherman PETER And in an other place I thinke this part of the world ought to suffice thee wherein our Lord would crowne with a most glorious martir dome the first of his Apostles And else where What hath the chaire of the Roman Church done to thee wherein PETER hath bene set and wherein now Anastasius sitts And againe To PETER hath succeeded Linus to Linus ClemeÌt to ClemeÌt Anacletus to Anacletus Euaristus Of the Canon of the Councell of Nicea touching the gouernment of the Patriarches CHAPT V. HAuing dispatched the difficulties of the Scripture and of the Fathers coÌcerning S. PETERS staie at Antioch Rome there remaines to solue the obiections that the aduersaries of the Church make against what wee haue said of the Popes superioritle ouer the other patriarkes whereof the principall is taken froÌ one of the CanoÌs of the couÌcell of Nicea which ordaines that the ancieÌt customes obserued in Egipt Lybia and Pentapolis should goe on to witt that the Bishop of Alexandria should haue the power of all those things because it was also so accustomed to the Bishop of Rome Now the aduersaries of the Church doe more willing lie make vse of the Councell of Nicea in such like cases then of anie other because the actes of the Councell of Nicea which if wee had them might cleere the sence of the Canons of the same Councell are loste that there remaine to vs of the acts of the first fowre generall Councells no more but those of Ephesus and of Chalcedon And therefore wee must supplie what wants in the breuitie and omission of this Canon by conferring it with the acts of the other councells or by the examination of the histories of their ages To this obiection then wee bring two Answeres the first is that it hath alreadie bene aboue shewed in the Chapter of the patriarkes that the pope had two distinct qualities the one of patriarke of the West the other of head of the Church vniuersall as the Prefect of the Cittie Presecture by which the aduersaries of the Church would measure the spirituall IurisdictioÌ of the Pope who had 2. distinct qualities the one of pre fect of the Cittie Prefecture in which he was equall to the prefect of the other prouinces the other of head of the senate Vicar of the Emperor in which he was superiour to the prefects of prouinces and iudged by appeale of the cause of all their IurisdictioÌs By meanes whereof although in things that concerned but the patriarchall IurisdictioÌ as were the celebratioÌ of prouinciall or nationall couÌcells the correctioÌs of maÌners of the simple priests or deacoÌs the confirmatioÌs either mediate or immediate of the Bishops of the Patriarkship and the subalterne iudgements of the causes euen of Bishops All the other Patriarkes were squared out by the modell and paterne of that of Rome neuerthelesse when there question of things that went beyond the limitts of Patriarchall iurisdiction that is to ãâã of Maior causes and which conuerned the vniuersall Church as were causes of Faith or generall customes of the Church or those of the finall depositions of Bishops or that of the iudgements eueÌ of the persons of the Patriarkes the Bishop of Rome as head of the Church and superintendent of the other Patriarkes exercised Ecclesiasticall Iurisdiction ouer theÌ and iudged of their iudgements and persons And therefore when the couÌcell of Nicea ordained that in Egipt Lybia and Pentapolis the Bishop of Alexandria should remaine in possessioÌ of the authority he had for all the causes whereof the councell theÌ spake that is
to saie for the celebration of Prouinciall and nationall Synods for the correctioÌ of minor and particular causes for the confirmation either mediate or immediate of the Bishops of the same prouinces addeth for as much as this also is accustomed to the Bishop of Rome it is certaine that the intention of the couÌcell was not by that to square the Bishop of Alexandria by him of Rome in things that wét beyond the limitts and authoritie of Patriarchall iurisdictioÌ and concerned the iurisdictioÌ of the head of the Church and the gouernment of the vniuersall societie but in those things onely that were withim the bouÌdes and within the facultie of Patriarchall iurisdiction No more then when they measured the power that the other Prefects of the Empire had within the coÌpasse of their prouinces by the power that the prefects of the cittie of Rome had within the prouinces of his Prefecture they preteÌded not by that that in matters that wen forth by appeale from the other prouinces the cittie Prefecte as head of the Senate and Vicar to the Prince was not Superior to all the others nor that wheÌ in a nationall Councell they square out the power that the Archbishops haue ouer the Bishops of their prouinces to the modell of that which the Primate of the natioÌs hath as particular Archbishop ouer the Bishops of his quarter they preteÌd not by that that in things which goe beyoÌd the iurisdictioÌ of the prouinces regard the generall interest of the natioÌ the Primat should not be superior to the other Archbishops nor finallie wheÌ in a regiment of men of warre they measure the power that euery particular Captaine hath to commaund his company by the paterne and modell that the Campe-Master of the RegimeÌt hath ouer his they intend not by that in things which are not in the particular comaund of euerie companie but haue regard to the order the disposition and gouernemeÌt of the Regiment in generall the Campe-Master should not be superiour to all the other captaines For both before the Councell of Nicea when the Church-men of Alexandria would accuse Dionisius the Patriarke of Alexandria their Bishop who was the first Patriarke of the Church after the Pope they transported themselues saith Athanasius to Rome accused him before Dionisius Bishop of Rome presently after the Councell of Nicea when the councell of Antioch Sea of the third Patriarkeship had bene celebrated it was argued of nullitie because saith SOCRATES the Ecclesiasticall law forbad to rule the Churches whithout the sentence of the Bishop of Rome And when the same Councell of Antioch the other councells of the East had deposed S. ATHANAS Patriarke of Alexandria and Marcellus Primate of Ancyra in Galatia and Asclepas Bishop of Gaza in Palestina a cittie of the Patriarkeship of Antioch The Bishop of Rome saith Sozomene restored them euerie one to his Church because to him for the dignitie of his Sea appertained the care of all things And when the Councell of Sardica within twentie yeare of that of Nicea and holden for the Confirmation of that of Nicea and composed of the like or a greater number of Bishops theÌ that of Nicea and at which assisted the same Osius Bishop of Corduba the same saint A THANASIVS then Patriarke of Alexandria the same Protogenes Bishop of Sardica which had assisted at that of Nicea proceeded to the direction of ecclesiasticall causes it did not onely authorize the appeales from the Bishops of all the Earth to the Pope but also declared that it was a very good and conuenient thing that from all the Prouinces the Bishops should referre the affaires to their head that is to saie to the Sea of the Apostle PETER And wheÌ the Councell of Capua which the third Councell of Carthage calls a generall councell deputed Theophilus Patriarke of Alexandria because of the neighbourhood of his Patriarkship to examine the cause of Flauianus Patriarke of Antioch saint AMBROSE writ to him that after he had iudged it he must get the Pope to confirme his iudgement And when the generall councell of Ephesus passed to the cause of Iohn Patriarke of Antioch Iuuenall Bishop of IerusaleÌ said that the ancient custome bare that the Church of Antioch was alwaies gouerned by the Roman and the councell in the Bodie of it remitted the iudgement of the Patriarke of Antioch to the Pope And when Dioscorus Patriarke of Alexandria had in the false Councell of Ephesus condemned and deposed Flauianus Bishop of Constantinople Flauianus appealed froÌ him to the Pope and that saith the Emperor Valentinian following the custome of the Councells And when the Councell of Chalcedon disanulled the false Councell of Ephesus it was voted by Anatolius Bishop of Constantinople that of all the acts of that councell none should remaine in force except the creation of Maximus Patriarke of Antioch because the Pope hauing receiued him into his coÌmunion had iudged that he should gouerne the Church of Antioch wheÌ Theodoret Bishop of Cyre neighbour to Persia and one of the Subiects of the Patriarkship of Antioch who had bene deposed by the same couÌcell of Ephesus had froÌ it appealed to the Pope presented himselfe at the couÌcell of Chalcedon the senators to cause order to be obserued there commaunded he should come in for as much as the Pope had restored him to his Bishopricke And when the Popes Legates bare the first word in the Councell not onely they intitled the Pope the head of all the Churches but also when the Fathers of the councell in their Bodie sent their Relation to the Pope they intreated him as the head of the vniuersall Church Thou hast guided vs said they by the legats as the head doth the members And againe As in this which is for the ãâã we haue brought correspondencie to our head so thy Soueraigntie may fulfill in the behalfe of thie Children that which concernes decencie and they treated Dioscorus Patriarke of Alexandria as ghostly vassall to the Pope ãâã said they hath extended his felonie euen against him to whom the ãâã of the Vine hath by our Sauiour bene committed that is to saie against thy Holynesse Euident and manifest arguments that the Pope had two qualities distinct the one of Patriarke of the West and the other of Soueraigne Vicar of Christ and head of the vniuersall Church and that when the other Patriarkes were compared to him it was in qualitie of Patriarke of the West and not in the quality of Soueraigne Vicar of Christ and head of the vniuersall Church The second Solution is that the Councell of Nicea speakes of the Bishop of Alexandria with restriction and of the Pope without restriction from whence it is that the Senators assisting at the Councell of Chalcedon to cause order to be obserued there after they had heard the lecture of the sixth Canon of the Councell of
it had bene admittted in some prouinces of Pontus Asia Minor and Thracia shall also haue place through all the prouinces of Illiria that is to saie of the Easterne Illiria to witt thae if there doe anie controuersie arise it may not be reserred to the holy iudgment and sacerdotall councell without the knowledg of the most holy and right Reuerend the Bishop of the cittie of Constantinople which hath the priuiledges of the ancient Rome And Photius Patriarke of Constantinople reporting the same lawe The sixth constitution said hee of the second title of the first booke of the code ordaineth that all the Canonicall questions that shall arise in all Illiria may not be decided without the sentence of the Bishop of Constantinople and of his Synod which hath the priuiledges of the ancient Rome Now what was this priuiledge of the ancient Rome to whose imitation nothing could be decided not onely in all the prouinces of Thracia Pontus and ãâã ãâã but also in all the prouinces of the Easterne Illiria without the knowledge or according to the text of Socrates and of Photius without the sentence of the Bishop of Constantidople and of his Synod but that which we now come from speaking of with the same ãâã that the Ecclesiasticall lawe gaue the Pope through the whole earth to witt that without the sentence of the Bishop of Rome there might be made no new definition in what part of the world soeuer and which the law of Valentinian inserted into the new constitutions of the same Theodosius renewes in these wordes We decree that according to the ancient custome nothing shall be innouated in the Churches without the sentence of the Bishop of Rome And therefore what other thing was it to graunt to the Bishop of Constantinople in Ecclesiasticall matters the priuiledges of the cittie of Rome but to make the Bishop of Constantinople particularly in his diuision what the Bishop of Rome was ouer all the Earth It appeaaes in the seauenth place by the possession wherein the Pope continued notwithstanding the erection of the Patriarkship of ãâã to iudge of the iudgements and of the persons of the Patriarkes of Constantinople and to receiue the appeales in maior causes from their diuisions For not onely the Popes as well after the Councell of Constantinople wherein the erectioÌ of the Patriarkship of ConstaÌtinople was attempted as after that of Chalcedon where it was againe sett vpon remained in perpetuall possession to iudge of the iudgements of the persons of the Patriarkes of Constantinople and to receiue the appeales of the maior causes from their diuisions but also the Patriarkes of Constantinople remained in perpetuall profession of obedience and of subiection to the Pope The one of these pointes shall be seene heereafter both by the appeale that SCHRYSOSTOME Archbishop of Constantinople cast in from the Councell of Constantinople to Pope Innocent the first and by the appeale that Eutiches Abbot of Constantinople cast in from Flauianus Patriark of Constantinople to Pope Leo the first by the appeale that the same Flauianus Patriark of Constantinople cast in from the second Councell of Ephesus to the same Pope Leo the first that saith the Emperor ValentiniaÌ the 3 rd according to the custome of Councells by the condemnatioÌ that Pope Felix the third made of Acacius Patriark of Constantinople in vertue whereof he was raced yea after his death out of the records of the Church of Constantinople and by the deposition that Pope Agapet made of Anthymus Patriarke of ConstaÌtinople by the iudgemeÌt that the Pope S. GREGORIE the Great gaue in the causes of Iohn priest of Chalcedon and Athanasius a Regular of Lycaonia appealing to him from the tribunall of the Patriarke of Constantinople And the other shall appeare in the same chapter by the protestations that Iohn the second Anthimus Menas Iohn the fowrth Patriarkes of Constantinople euery one in his tyme made to acknowledge theÌselues submitted subiect to the Pope to the Roman Church Now how was this anie other thing but a perpetuall testimonie that the Patriark all dignitie exempted not those that were thereof prouided from the iurisdiction superioritie of the Pope then that the intention of the Councell of Nicea had neuer bene to restraine the Popes authoritie within the simple limitts of a particular patriarkship as well as that of other Patriarkes but to propose the Popes authority in regard of the vniuersall Church for a type and patterne of the authoritie of the other Patriarkes in regard of their patriarkships It appeares in the eight place by the proceeding of the Emperor Iustinian the first who desiring to erect the first Iustinianea of Bulgaria the cittie of his Birth into the forme of a supernumerary patriarkship ouer the six Archbishoprickes of the six prouinces neere to that towne ordained that in those six prouinces she should hold the place of the Sea Apostolicke of Rome following the definitions of Pope Vigilius Wee decree saith the Emperor that the blessed Bishop of the first Iustinianea shall haue vnder his proper iurisdiction the Bishops of the Mediterranean Dacia of Dacia Rypensis of Triballea of Dardania of vpper Misia and of Pannonia and that they shall be ordained by him and by his proper Synod and that in the prouinces subiest to him he shall hold the place of the Sea Apostolicke of Rome following the things defined by the holie Pope Vigilius For that the intention of the Emperor Iustinian was to erect by this lawe the Bishoprick of the first Iustinianea of Bulgaria into the forme of a Patriarkship of honor although this honor remained to him but in shadowe and smoake wee learne from two cases The one that in the Councell of Constantinople surnamed Trullian holden vnder Iustinian the second before Bulgaria was possest by the Infidells Iohn Bishop of Iustinianopolis signed in the ranke of the Patriarkes in this order Paul of Constantinople Peter of Alexandria Anastasius of Ierusalem George of Antioch and Iohn of Iustinianopolis And the other that euer after the returne of Bulgaria to be Christian the latter Greekes did in some sorte continue this title to him as Curopalates a Greeke Author acknowledgeth when he coupleth the Archbishop of Bulgaria with the Patriarkes in these termes The designatioÌ of the other Patriarkes is made without anie diuersitie as well of him of Alexandria of him of Antioch of him of Ierusalem as also of the Archbishop of the first Iustinia nea called Achrida and of all Bulgaria And as Barlaam a Greeke Author natiue of Peloponosus confirmes it in his disputations against the Greeke schismaticks when hee writes that in the part separate from the Pope there were fiue Patriarkes on the other part saith he the are fiue Patriarkes reckoning him of Bulgaria And that this priuiledge to hold the place of the Sea Apostolick in the six prouinces neere the first
that exceeded Patriarchall authoritie either to equall him with the Pope or to exempt him froÌ the Popes iurisdiction Otherwise how could Pope ãâã the first in the view of the Fathers of the same couÌcell of Nicea who were still for the most part liuing breatihng haue re-established S. ATHANAS Patriarke of Alexandria Paul Bishop of Constantinople Marcellus Primat of Galatia and Asclepas Bishop of Gaza in Palestina Prelats who had all assisted at the Councell of Nicea could not bee ignorant of the Canons thereof since they helped to compose them for that saith Sozomene to him because of the dignitie of his Sea the care of all thinges appertained And how could S. ATHANASIVS haue alleadged for his ãâã these words of the same Iulius Are you ignorant that the custome is that you first write to vs and so from hence must proceede the iust decision of all things and therefore if there were anie suspition raised against the Bishop there that is to saie of Alexandria you must haue written of it to the Church heere that is to saie the Church of Rome And how could Peter Patriark of Alexandria and S. ATHANASIVS successor hauing bene driuen from his Sea haue bene restored vpon the letters that he brought from Pope DAMASVS which confirmed saith Socrates the saith of Moyses and the ordination of PETER And how when Flauianus Bishop of Constantinople hauing bene deposed in the false Councell of Ephesus by Dioscorus Patriarke of Alexandria could the Emperor Valentinian haue said Antiquitie hath yeilded to the most holie Bishop of Rome the Priesthood ouer all c. For this cause the Bishop of Constantinople according to the custome of the Councells hath appealed to him And how could Pope Leo the first haue written to Anatolius Bishop of Constantinople that if Dioscorus Patriarke of Alexandria and Iuuenall Bishop of Ierusalem should come to repentance and accompanie their conuersion with such satisfaction as it should seeme ought not to bee despised the thing should be reserued to the more mature deliberation of the Sea Apostolicke And how could the Fathers of the Councell of Chalcedon addressing their relation to the Pope and speaking of Dioscorus Patriarke of Alexandria and of the false Councell of Ephesus haue said He hath extended his frensie euen against him to whom the guard of the vine was committed by our Sauiour that is to saie against thy Holynesse And when a little after the celebration of the same Councell Peter surnamed Mongus and Iohn surnamed Talaia hauing bene created by diuers factions Patriarkes of Alexandria how could the Pope haue committed the care of the prouinces of Egipt to Acasius Patriarke of Constantinople And how could Iohn hauing bene deposed from the Patriarkship of Alexandria by the Synod of Egipt and by the complot of the Emperor Zeno and appealed to the Pope and taken with him Synodicall letters of intercession from Calendion Patriarke of Antioch to fauour his appeale And the same Iohn Patriarke of Alexandria hauing appealed to the Pope how could the Pope haue deposed Peter his aduersary and with him Acacius Bishop of Constantinople who adhered to him that with such effect that euen after their death they were raced in Constantinople in Alexandria out of the Catalogue of the Patriarkes of Alexandria and Constantinople and their names blotted out of the records of their Churches and excluded from the recitall of the misteries Of the addition of the word Churches suburbicary made by Ruffinus in the latine translation of the Canons of the Councell of Nicea CHAP. VI. Against these thinges neuerthelesse the Popes aduersaries obiect the translation of Ruffinus priest of Aquilea who adds to the Epilogue that he hath made of the latine translation of the Canon of the Councell of Nicea the word Churches suburbicary which is neither in the Greeke text nor in the ancient compleate and formall latine editions turnes the article in these termes that the Bishop of Alexandria should haue the care of the Churches of Egipt and he of Rome of the Churches ãâã from whence they drawe this impertinent conclusion that the Pope had there no iurisdiction but ouer the Churches neighbouring to this ãâã and they triumph so vpon it as after a thousand writings which they haue published vpoÌ this subiect they haue euen this last yeare caused to be imprinted a topographicall mapp of the ancient ãâã of the Pope haue accompanied it with a discourse ãâã Of the ãâã suburbicarie where they haue assigned him for all iurisdictioÌ a ãâã thousand paces about the cittie of Rome that is to saie about as much Ground as is betweene Paris and Orleans But I hope soone to sett a Catastrophe to their Tragedie and to turne their triumph into obsequies Superbos Vertere funeribus triumphos For who sees not that it is a wilfull blindnesse hauing the greeke text and the ancient latine editions compleate and in forme of the Canon of the Councell of Nicea in their handes to tye themselues to the Epilogized translation of a man that S. IEROM auoucheth to haue bene a verie euill translator and whoe bsides for his errors had bene excommunicated and noted saith the same S. IEROM with the brand of heresie by Pope Anastasius and by the Roman Church There are three things which principallie make a Translator vnfitt to be credited passion ignorance and rashnes Now as for passion who hath euer better deserued to be reproched in this regard in matters that concerne the Roman Church then Ruffinus who had bene excommunicated for his errors in faith by Pope Anastasius and by the Roman Church and that before he writt his historie which was written after Alaricus comming into Italie that is to saie vnder the Popedome of Innocent successor of Anastasius Russinus saith Pope Anastasius is soe excluded from our ãâã as wee are not curious to knowe neither what he doth nor where he is let him looke to himselfe where he can be absolued And S. IEROM Pope Anastasius in the epistle he writt against thee to Iohn Bishop of Ierusalem hath taxed this desault iustifying me me that did it and condemning thee thee I saie that wouldest not doe it And againe speaking of the confession of Russinus faith which he salslie assirmed to haue bene approued by the Bishops of Italie How should Italie said hee haue approued that which Rome hath reiected how should the Bishops receiue that which the Sea Apostolicke hath condemned And a little after Thou doest soe auoid the iudgment of the cittie of Rome that thou chosest rather to support a siege of Barbarians this he spake because of the coming of Alaricus to Aquilea whither Ruffinus had retired himselfe then the sen tence of a peaceable cittie For whereas Gennadius placeth Ruffinus amongst the Orchodoxall Authors it was because Gennadius was of the Sect of one of the branches of Pelagius beresie whereof Ruffinus had cast the
translations of the treatises of some Greeke diuines and not of his historicall workes or translations Otherwise how could Pope Gelasius in the same decree haue condemned the ten bookes of the recognitions of Clement which had bene translated by Russinus and how could he haue written in the same place the holy Roman Catholicke and Apostolicke Church hath not bene preferred before other Churches by anie Synodicall Constitutions but hath obtained the primacie by the Euangelicall voice of our Lord and Sauiour saying Thou art Peter and vpon this rock I will build my Church And how could he haue writteÌ elsewhere speaking of the ancient canons of the Church These are the Canons which ordaine that from all partes of the world the appeales shall be brought to the Sea Apostolicke And how could he haue said that the care of the Regions of Egipt and of Antioch had bene by Pope Felix committed to Acacius Patriark of Constantinople And whereas they add that saint CYRILL sending the Canons of the Councell of Nicea to the Bishops of Africa writt to them that they might finde them in the Ecclesiasticall historie which they pretend must be vnderstood of the history of ãâã for as much as those of Socrates Theodoret and Sozomene were written since and besides containe nothing of the canons of the Councell of Nicea this is yet a more feeble and deceiptfull caution For besides that many others had made collections of the Ecclesiasticall historie as amongst the Catholickes saint ATHANASIVS Bishop of Alexandria who had composed a volume intituled Synodica Theodorus Bishop of Mopsvestia not yet then noted for heresie who had framed a particular historie of the Councell of Nicea Philip of Sida who had compiled an vniuersall Ecclesiasticall history And amongst the heretickes Philostorgius the Arrian and Sabinus the Macedonian where is the article of the Bishop of Antioch and the precept to adore standing on the sundaies and during the fiftie daies of Pentecoste which were contained in saint Cyrills Copie to bee found in Ruffinus edition and contrariwise where are the permission to deacons to distribute the Eucharist in the absence of priests and Bishops and the restitution of the communion to penitents before the accomplishement of their pennance and the extension of the canon of the Paulianict deaconesses to all deaconesses in generall and the equiuocation and mistaking of the confession of priests after promotion which are all in the edition of Ruffinus to be read in the copie of saint CYRILL contrarywise if saint CYRILLS intention had bene to approue the edition of Russinus by this remittment why did not the Africans which turned or caused to be turned from Greeke into Latine saint CYRILLS Greeke Copie followe Ruffinus in their translation and put in the Clause of Churches Suburbicarie And saint CYRILL himselfe if he had beleiued that the clause of Churches suburbicary should haue bene added to the CanoÌ of the Councell of Nicea how could he haue taken a Vicarship and commission from Pope Celestine to execute the sentence of the Sea Apostolique against Nestorius Archbishop of Constantinople And how could hee and the other Bishops of the Councell of Ephesus haue approued of the oration of the Popes Legates by which they called the Pope the head of the Church and the Vicar and ordinary Successor of saint PETER and why had they reserued the iudgement of the cause of Iohn Patriarke of Antioch to the Pope And then what proofe is there that Ruffinus by the word suburbicary did intend the Churches within a hundred thousand paces of the Cittie of Rome and not the Churches of all the Citties subiect to the Empire of the Cittie of Rome Is there anie likelyhood that the Bishop of Alexandria should haue had Egipt Libia and Pentapolis vnder which were yet intended many other great prouinces either annexed or subalterne as Ammoniaca Maroeotides Thebaidis and besides the immense Region of Ethiopia from whence the Greeke Emperor Leo surnamed the Philosopher saith in the life of saint CHRYSOSTOME that the Emperor Arcadius caused Theophilus Patriarke of Alexandria to cometo CoÌstantinople accompanied with Indian and Egiptian Bishops And that the Bishop of Rome by whom they squared him had no more but those onelie Churches that where neere the ãâã of Rome Theocritus writeth that Ptolomeus Philadelphus king of Egipt of whose Empire the Prouinces since attributed to the Patriarkship of Alexandria made the principall parte commaunded 33339. citties Of townes thirtie three thousand three hundred thirty nine Vnder the yoake of his decrees their seruile heads incline And Strabo and Diodorus Siculus and the interpreter of the notice of the Empire after them saie that the ancient diuision of Egipt was diuided into thirtie six prouinces whereof Delta in Egipt contained ten and the ãâã Theodosius the second writing to Dioscorus Patriarke of Alexandria to cause him to come to the false CouÌcell of Ephesus sent to him to bring his ten metropolitan Bishops or ten of his metropolitaÌ Bishops that is to saie heades of Prouinces with him And the Bishop of Antioch who was but the third Patriarke had vnder him the two Syria's the three ãâã the two Cilicia's the three Arabia's the Region of Euphrates Mesopotamia Jsauria and Osrhoene and more as he pretended the Isle of Cyprus without reckoning manie other prouinces which though he ãâã not their metropolitans yet neuerthelesse acknowledge him For there were manie prouinces which acknowledged their Patriarks and were obliged to appeare at their patriarchall Synods although they tooke not from them the ordination of their metropolitans from wheÌce it is that Balsamon writes that the Councell of Antioch holden vnder the patriark Peter Jberia Asiatica otherwise called the prouince of the Georgians was made Autocephalus that is to saie exempt from takeing the ordination of their Metropolitan anie other where then from the Synod of the prouince and neuerthelesse still remained subiect to the patriarke of Antioch And when the Councell of Chalcedon would erect Constantinople into a patriarkship they assigned him for his patriarchall Diuision the prouinces of Trace pontus Asia minor with the Barbarous prouinces that is to saie Russia and Muscouia which together contained more ground then all Europe principally if we giue Credit to Herodotus who saith that the Thracians were the greatest nation of the world next the Indians And the Pope who was the first patriarke and the patterne and modell of all the patriarkes to haue bene restrained to the onely Churches neere the Cittie of Rome what a Birth-right had that bene For to saie that the Pope had in his portion the Cittie of Rome which recompenced in splendor and dignitie the extént of the other patriarkships and besides that the prouinces neere the Cittie of Rome were much more peopled then the prouinces neere the other patriarchall Citties who knowes not first that the Cittie of Rome being vnder the Popes
the two Empires and such as it remained in the portion of the Emperors of the West when the heires of Constantine shared the bodie of the State and assigned the mountaine of Thuscis in Trace for a bound be tweene both Empires From whence it is that saint ATHANASIVS ãâã ãâã Bishop of Thessalonica amongst the Bishops of the West And that Socrates saith that Paul Bishop of Constantinople was banished from the Empire of the East and confined to Thessalonica And therefore when in the last diuision of the Empire they added the eleauen prouinces of the Esterne Illyria to the fortie nine prouinces of the Pretoriall Prefecture of the East to make thereof the Empire of the East they remained within the Popes patriarkship though they were become parts of the Empire of the East and were called the Westerne prouinces of the Empire of the East to distinguist them from those of the same Empire which were vnder the pretoriall prefecture of the East And it is not to be obiected that the law Omni innouatione cessante made by Theodosius the second at the instance as it hath bene abouesaid of Atti cus Bishop of Constantinople attributes to the patriarkship of Constantinople not onely the prouinces of Thracia Asia minor and Pontus but also those of the Easterne Illyria For it appeares by a thousand testimonies that this law remained without effect and had no place after the death of Atticus It appeares first by the testimonie of Socrates who saith first that the inhabitants of Cyzica a Cittie of Hellespont would not receiue Proclus that the Bishop of Constantinople had ordained Bishop of Cyzica alleadging that the lawe of the Emperor Theodosius the second where of the law Omni ãâã cessante is but a paragraph inserted into the Code by the heedlesnes of Triboniam had bene made but for Atticus his life tyme. They ordained saith Socrates Dalmatius despising the law which commaunded that the ordinatioÌ of Bishops should not be made without the sentence of the Bishop of Constantinople and slighted this lawe as hauing bene graunted to Atticus onely for his life It appeares secondly by the testimony of the Pope sainr LEO who was created Pope eighteene yeares after this lawe who teacheth vs that the causes of the Easterne Illyria went euen then to the Archbishop of ãâã Vicar of the Sea Apostolicke in the Easterne Illyria and that with the good likeing and the strong hand of the ministers of the Empire of the East and reprehends Anastasius Archbishop of ãâã his Vicar in Illyria because hauing sent for Atticus the Metropolitan of the old Epirus Atticus hauing excused himselfe vpon his sicknes and vpon the extreamitie of the winter he had imployed the armes of the Empire of the East to bring him by force Thou hast said hee had recourse to the Tribunall of the Prefecture of Illyria and hast moued the Soueraigne power amongst all worldlie powers to make an innocent Bishop appeare and to pull him from the sacred grates of his Church and neither for the indisposition of his person nor for the sharpnesse of the winter could he obtaine anie ãâã but hath bene constrained to put himself into waies full of perills and through impenitrable snowes And againe Wee haue in such sort committed our Vicarship to thy Charitie as thou art called to a part of the care but not to the fulnesse of power It appeares thirdly by the testimonie of the Councell of Chalcedon holden thirtie yeares after this lawe which decrees that the Bishop of Constantinople shall ordaine but onely the Metropolitans of Pontus Asia minor and Thracia that is to saie declares that the law of Theodosius the second and particularlie the Paragraph Omni innouatione cessante should haue no place and that the prouinces of the Easterne Illyria thould remaine to the Patriarkship of Rome and not to that of Constantinople It appeares fowrthlie by the testimonie of the Emperor Justinian the first who erecting the Bishoprike of the first Iustinianea into the forme of a Primacie or supernumerary Patriarkship and attributing to him manie of the Prouinces of the Easterne Illyria yields for a reason of this attribution the definition of Pope Vigilius and not that of the Patriarke of Constantinople and ordaines that the Bishop of the first Iustinianea shall there hold the place of the Sea Apostolicke of Rome and not of the Sea of Constantinople Wee ordaine said hee that he shall haue vnder his iurisdiction the Bishops of the Mediterranian Dacia Dacia Dypensis Triballea Dardania vpper Mysia Pannonia c. and that in the prouinces subiect to him he shall holde the place of the Sea Apostolicke of Rome following the definition of the holy Pope Vigilius It appeares fifthy by the testimony of saint GREGORIE the great who writes to the Bishops of Illyria Following the desires of your demaund we confirme by the consent of our authoritie our brother John in the Bishopricke of the first Justinianea And in the Epistle to himselfe The relation of our bretheren and fellow-Bishops hath declared to vs that thou art called to the Episcopall dignitie by the vnanimous consent of all the Councell and by the will of the most Excellent Prince that is to saie of the Emperor Mauricius third Successor to Justinian whereto wee also giue our consent in the person of thy fraternitie c and send thee the Pall according to custome and decree by a reiterated innouation that thou exercise the Vicarship of the Sea Apostolicke And elsewhere iudging the appeale from the sentence of the same Iohn Bishop of the first Iustinianea against Adrian Bishop of Thebes one of the Bishops of his primacie because said he that wee see that vnder the shadow of our Vicarship thou presumest to doe vniust things wee reserue with the helpe of Christ to determine againe of this qualitie c and the while abrogating and disannulling the decrees of thy sentence we ordaine by the authoritie of the blessed Prince of the Apostles that thou remaine depriued of the sacred Communion for the space of thirtie daies It appeares in the sixt place by the testimonie of John Bishop of Thessalonica who in the third generall CouÌcell of Constantinople which we call the sixt generall CouÌcell signed with the title of Vicar of the sea Apostolick of ãâã in these words Iohn by the mercie of God Bishop of Thessalonica and vicar and natiue Legat of the Sea Apostolicke of Rome haue subscribed It appeares in the seauenth place by the testimony of Leo the Learned the Greeke Emperor who reckons amongst the Churches ecclipsed a little while before him from the Sea of Rome and submitted to the Sea of Constantinople that of Thessalonica Metropolitan of Macedonia that of Nicopolis metropolitan of the ancient Epirus that of Patros that of Corinth and that of Athens The Metropolitans said hee which haue bene subtracted from the Patriarkship of Rome and which are now subiest they
Bishop of Rome because of the dignitie of his Seate ãâã care of all thinges belonge is one and the same language or rather that this that Ruffinus saith here that the Bishop of Rome is to haue the care of the Suburbicary Churches and this that he saith elsewhere Rome by the grace of God is the head of all the Christrians is one and the same thing But graunt that Ruffinus by the word Churches Suburbicarie doth intend in generalll all the Churches of the prouinces subiect to the Empire of Rome nor in particular the onely Churches of the Cittie subiect to the Prouostship of Rome but intends the Churches of the Prouinces or Nations where the Metropolitans or Primats acknowledge the Pope immediatly without the intermedling of anie the Patriarks to wit the Churches of the Patriarkship of the west would that hinder that besides the immediate superintendencie that the Pope hath ouer the prouinces of his Patriarkship hee might not haue a mediate superintendencie ouer all the prouinces of the others Hemer if it be lawfull to compare thinges sacred to prophane doth not he teach vs that besides the Commaund Agamemnon had as a particular King ouer the compaines of his owne subiects and the other kings like him euerie one ouer their owne hee had yet beyond that as head and Captaine generall ouer the Armie of the Greekes the vniuersall authority and superintendencie ouer the other kinges and ouer their Companies And will not the aduersaries of the Pope haue it that the Prouost of the Cittie of Rome to whose temporall proportion they pretend to square the Popes spirituall authority besides the ordinarie iurisdiction of his Prouostship wherein they equall him to other Prouosts had besides in the first ages an other extraordinary iurisdiction by which as head of the Senate and Vicar of the Emperor he was superior to other Prouosts and iudged of the appeales of all the Prouinces And saint BASILL that great Archbishop of Cappadocia did not hee consider the Pope some tymes as Patriarch of the west where hee calls him the Corypheos of those of the west and sometymes as head of the vniuersall Church when he writes to those of the west Be it that you repute yourselfe head of the vniuersall Church the head cannot say to the feete you are not necessarie to me be it that you place yourselues in the ranke of the other members of the Church you cannot say to vs that are constituted in one same bodie with you you are not necessarie to me for that he vseth this disiunctiue particle be it it is not there to cast anie doubt but to distinguish the addresse of his speache into two branches whereof the one to witt be it that you repute yourself head of the vniuersail Church had regard to the Pope and the other to witt be it that you place yourselues in the ranke of the other members had regard to the other Bishops of the west And doth not hee himself reporte that Eustathius Bishop of Sebaste in Armenia hauing bene deposed by the Councell of Melitina in Armenia a Catholicke and orthodoxall Councell and hauing brought letters of restitution from Pope Liberius was receiued without forme of processe into the Councell of ãâã in Cappadocia And doth not saint IEROM who was priest of Antioch and creature to Paulinus the Bishop of Antioch and resident within the diuision of the Patriarkship of ãâã say What should the Churches of the East doe and those of Egipt and that of the Sea Apostolicke designing by the Churches of the Sea Apostolicke those which were subiect immediatly without acknowledging anie other Patriarke betweene to the Patriarkship of the Pope And by the Churches of Egipt those which answered to the Patriarkship of Alexandria by the Churches of the East those which were submitted to the Patriarkship of Antioch And yet for all that doth he not write to Pope Damasus about the contention of Vitalis Meletius and Paulinus Competitors in the Patriarkship of Antioch I am ioyned in communion with thy blessednesse that is to say with the Chaire of PETER I know the Church is built vpon that rocke And a little after I know not Vitalis I reiest Meletius I am ignorant of Paulinus whosoeuer gathers not with thee scatters That is to saie doth he not teach vs that the distinction of the Popes patriarkship from the other patriarkships hindred not the Popes superioritie ouer the others And did not Flauianus Archbishop of Constantinople write to Pope Leo Wee haue giuen aduertisment to your Holynesse of the excommunication of Eutyches that you may make his ãâã knowne to all the Bishops resident vnder your pietie And yet for all this did he not when Eutyches pretended to haue appealed to the Pope submitt his iudgemeÌt to that of the Pope And did not himselfe in the second Councell of Ephesus appeale to the Pope And Iohn the second and Anthimus and Menas and Iohn the fourth his successors did they not acknowledge and protest that they were subiect to the Pope And the Popes that came after Leo did not they depose Acacius and Anthimus Patriarkes of Constantinople and iudge by appeale the causes of John Athanasius subiects to the Patriarkes of Constantinople And did not the Pope S. GREGORIE the great call the Bishops of the West his Bishops If the causes said hee of the Bishops which are committed to me are treated by the religious Emperors by the intercessions of strangers miserable man that I am what doe I in this Church but that my Bishops dispise me and haue recourse to secular iudges against me I thaÌke God almightie for it and I impute it to my sinnes Yet did not he saie of all the Bishops in generall If there be anie fault in the Bishops I know noe Bishop but is subiect to the Sea Apostolicke And Iulian the former who liued 1050. yeares past did he not turne the hundred thirtith one new coÌstitution into these words yet more rawe theÌ those of Ruffinus That the Bishop of the first Iustinianea should haue the same right ouer the Bishops subiect to him as the Bishop of Rome had ouer the Bishops submitted to him And yet by this doth he pretend to equall the Bishop of the first Iustinianea to the Pope or to exempt him and his Bishops from the Popes iurisdiction Nothing lesse but by the Bishops submitted to the Pope he intended the Bishops submitted immediately to the Pope without the interposition of other Patriarks as it appeares both by the originall greeke of the law which beares this We ordaine that in all prouinces subiect to him he holde the place of the Sea Apostolicle of Rome following the things defined by the most holie Pope Vigilius And by the lawe of the same Iustinian to Epiphanius which saith We will suffer nothing to passe concerning the state of the holy Churches which shall not be also referred
to the blessednesse of the most holy Pope for as much as he is the head of all the most holy Ministers of God And by the places aboue cited of saint GREGORIE the great which witnesse that the Pope confirmed euen then that is to saie fiftie yeare after Iulian the former the election of the Bishop of the first Iustinianea and sent him the Archiepiscopall mantle and the reuocation of the Vicarship of the Sea Apostolicke and iudged by appeale of the causes of his Bishops chasticed him himselfe when he had misiudged But in summe whatsoeuer the sence of this addition of Russinus bee it imports little to knowe it For hauing bene excommunicated for his errors in saith by the Pope and the Roman Church who doubtes but if he could insert into his translation anie thing to the Popes preiudice he hath done it It ãâã before the Councell of Nicea which wills that to euery Church the prerogatiues thereof be preserued the Roman Church was she whereof S. IRENEVS cryes out to this Church because of a more mightie principalitie that is to saie because of a principalitie more mightie then the temporall it is necessary that all the Churches should agree It was she that S. CYPRIAN called the Chaire of Peter and the principall Church from whence the ãâã all vnitie proceeded It was she of whom S. IEROM writt I know the Church is built vpon this stone whosoeuer eates the lambe out of this howse is prophane It was she of whom S. AVSTIN said In the Roman Church hath alwaies ãâã the principalitie of the Sea Apostolicke It sufficeth that before the Councell of Nicea which ordaineth that the ancient customes should remaine entire the law Ecclesiasticall sorbad to canonize Churches that is to ãâã to make canons touching the generalitie of Churches without the sentence of the Bishop of Rome that the Ecclesiasticall custome bare that the finall depositions of Bishops could not be proceeded to without attending the decision from Rome and that from the tyme of the Emperor Gallienus that is to saie more then sixtie yeares before the Councell of Nicea the Churchmen of Egipt desiring to accuse Dionisius Bishop of Alexandria their Patriarke went vp saith saint ATHANASIVS Patriarke of the same Sea of Alexandria to Rome and accused him before ãâã Bishop of Rome It sufficeth that presently after the same Councell of Nicea when S. ATHANASIVS Patriarke of Alexandria Paul Bishop of Constantiuople Marcellus Primate of Galatia Asclepas Bishop of Gaza in Palestina had bene deposed by diuers Councells of the East Iulius Bishop of Rome restored to euery one his Church because to him saith Sozomene for the dignitie of his Sea the care of all things appertayned It sufficeth that after the death of ATHANASIVS Pope Damasus confirmed the ordination of Peter Patriarke of Alexandria successor to the same saint ATHANASIVS and restored him to his Sea of Alexandria It sufficeth that in the Councell of Sardica holden for the defence of the Councell of ãâã whereat assisted besides more then three hundred other Bishops the same Osius that was President at the Councell of Nicea the same saint ATHANASIVS which had helped to frame the acts of the Councell of Nicea the same Protogenes Bishop of Sardica which was at the Councell of Nicea the Episcopall appeales to the Pope were authorized by a written lawe and the Bishops of all the prouinces exhorted to referr the affaires to their head that is to saie to the Sea of the Apostle PETER It sufficeth that in the Councell of Lampsacus in Asia the Macedonians purposing to returne to the Catholicke Church sent their Legats from Asia to Rome to protest obedience to the Pope to oblige themselues to come vp to his Tribunall or to the iudges delegated by him in all causes that should be attempted against them It sufficeth that in the Councell of Tyana in Cappadocia Eustachius Bishop of Sebastia in Armenia who had bene deposed by the Councell of Melitina the Metropolitan cittie of Armenia bringing letters of restitution from Pope Liberius was receiued without forme of processe and had place as a Bishop in the Councell It ãâã that when the Emperor Constantius had caused S. ATHANAS Patriarke of Alexandria to be deposed in a Councell of more then three hundred Bishops of the East and West he thought he had not satisfied his desire if the thing saith Amianus Marcellinus were not confirmed by the authority whereof the Bishops of the eternall cittie are superiors It sufficeth that when the same Canon of the Councell of Nicea which is now in question was renewed in the Councell of Constantinople the other Patriarkes and Primats were forbidden to meddle beyond their diuisions Let the Bishop of Alexandria said the Synod gouerne onely what belongs to Egipt and let the Bishops of the East that is to saie of the patriarkship of Antioch admister onely to the East where neuer CouÌcell interdicted the Pope from medling in matters which were out of his patriarkship CoÌtrariwise the Pope in importaÌt occasioÌs hath alwaies takeÌ notice of the ecclesiasticall affaires of the Empire of the East iudged by appeale the causes of other patriarkships the Catholicke Councells of the East theÌselues yeilding to be solicitors executors of his sentences oppositely neuer anie of the other Patriarks once attempted to examine the Ecclesiasticall causes of the Empire of the West and of the patriarchall diuision of the Pope It sufficeth that in the Mileuitan Councell holden by the Bishops of Asrica and by S. AVSTIN amongst others it was affirmed that the Popes authoritie was of diuine right and drawne from the authoritie of the holy Scriptures and then not to be restrained to the simple patriarkship of Rome but vniuersall and such as the law of the Emperor Valentinian the third describes it when it calls the Pope the Rector of the vniuersalitie of Churches And the Emperor Iustinian when he writes that the Pope is the head of all the most holy ministers of God And the Bishop of Patara in Lycia one of the prouinces in Asia when he saith to the same Emperor Iustinian that there were many kings and princes in the world but there was noe one of them that was ouer all the earth as the Pope was ouer the Church of all the world It sufficeth that in the generall Councell of Ephesus when the Fathers had executed the sentence of deposition that the Pope had pronounced at Rome against Nestorius when they should haue passed to the cause of Iohn Patriark of Antioch the Councell reserued the iudgement thereof to the Pope and that according to the ancient custome and tradition Apostolicall It sufficeth that in the false Councell of Ephesus after Dioscorus Patriarke of Alexandria and his pretended generall Councell had deposed Flauianus Archbishop of Constantinople and Theodoret Bishop of Syre Flauianus saith the Emperor Valentinian
according to the custome of Councells appealed from him to the Pope and Theodoret did the like that the Pope vpon these appeales replaced Flauianus alreadie dead into the Catalogue of the Bishops of Constantinople and restored to Theodoret his Bishopricke and annulled all the acts of the false Councell of Ephesus except the creation of Maximus Patriark of Antioch which remained in force because said Anatolius Bishop of Constantinople the Pope hauing receiued him into his communion iudged that he should rule the Church of Antioch And finally it sufficeth that when the greeke text of the same canon of the Councell of Nicea translated by Ruffinus had bene read in the Councell of Chalcedon a Councell composed of aboue six hundred Greeke Fathers who vnderstood both Greeke and the Greeke Canons better then Ruffinus who was so vnapt and barbarous in both the tougues as S. IEROM saith the Latins tooke him for a Grecian and the Greekes for a Latine so farr were the Fathers of that Conncell from inferring from thence anie equallitie betweene the Pope and the Patrirake of Alexandria that contrariwise in their Synodicall relation they protested they held the Pope for the head of their societie Thou rulest ouer vs said they as the head doth ouer the members And againe We praie thee to honor our iudgement with thy decrees and that as in what concernes the weale we haue brought correspondencie to our head so thy ãâã would ãâã to thy children what concernes decency And on the other side they ãâã ãâã ãâã of Alexandria as subiect and ghostly vassall to the Pope in these words ` ãâã hath extended his ãâã euen against him to whom the guarde of the Vine hath bene committed by our ãâã that is to sait ãâã thy ãâã Of the claime of the Bishops of Constantinople CHAPT VII BVT the aduersaries of the Church not finding anie foundation in the history of the other Patriarkes to establish the equallitie that they would introduce betweene the Pope and the simple Patriarkes had recourse to the claimes of the Bishops of Constantinople which are to be reduced principallie into two The first claime was that of Anatolius who packed in the Councell of Chalcedon by the ãâã of the Emperor Marcian and of the ãâã of the cittie of Constantinople to be declared the second ãâã and to ãâã after the Pope the like ãâã of honor as the Pope because Constantinople was a second Rome that is to saie packed to be declared equall to the Pope not in regard of the Pope to whom ãâã he and all his Catholicke successors alwaies protested ãâã inferiors but in regard of the other Patriarkes ouer whom he affected to be what the Pope was ouer him and them For that is it that these words of the Councell of Chalcedon signifie that the cittie of ãâã should be honored in Ecclesiasticall causes as the Roman being the second after her to witt that as the Bishop of Rome had the ãâã absolutely ouer all the Patriarkes so the Bishop of Constantinople should haue it after him ouer all other Patriarkes It was ordained saith ãâã repeating the same Canon that the Sea of new Rome because of the ãâã ãâã she held after the ancient Rome should haue the primacie before the other Sea The second Clayme was that of John and of Cyriacus Patriarkes of ãâã who in the tyme of Pelagius the second and of Sainct GREGORIE would participate in the title of vniuersall Bishop which in the presence with the consent of the Councell of Chalcedon had bene attributed to the Pope pretending that by the same Councell of Chalcedon it had bene said that the Bishop of Constantinople should enioy the like ãâã of honor as the Pope after the Pope and then that as the Pope had the right to beare the title of vniuersall Bishop through all the world so the ãâã of Constantinople should haue the right to beare it in the Empire of the East For that such was their Clayme it appeares besides a thousand other proofes by the capitulation of the great Comentor of Homer Eustathius Patriarke of Constantinople and the other ãâã would haue renewed with the Latins vnder the Greeke Emperor Basilius six hundred yeares agone to witt that the Bishop of Constantinople might be called vniuersall in the Empire of the East as the Pope ouer all the world The Bishop of Constantinople saith Glabar an author of the same age with his Prince Basilius and some other Greekes held a Councell ãâã it might be lawfull for them with the Popes consent to haue the Church of ãâã to be held and called in that compasse vniuersall as the Roman is in the ãâã of the whole world Now may I in two words not onely confute these two obiections but also retort them against the Popes aduersaries For if the Bishop of Constantinople pretended to obtaine the second place after the Pope be cause Constantinople was a second Rome that is to saie a part and a branche of the cittie and Church of Rome for what cause is it not manisest that the Church of Rome before his challenge had then the primacie before all other Churches as also the officers of the Emperor Marcian acknow ledged in these termes euen when they protected Anatolius By the proofes which haue bene produced on both sides it appeares that the primacie before all and the principall honor hath bene preserued by the canons to the most beloued of God the Archbishop of the ancient Rome And if the Bishop of Constantinople would participate in the title and nomination of vniuersall Bishop because Constantinople was a second Rome how could it be but that the title of vniuersall Bishop did appartaine primitiuely and originally to the Bishop of Rome But for as much as the beginning of these contentions came from the Councell of Constantinople it is best to take the busines at the source of the history which is thus At the Councell of Constantinople held vnder the great Theodosius the Greeke Bishops ordained in fauor of the Cittie of Constantinople and in fauor of the Emperor of the East who resided there to make a new Sea of the Empire that the Bishop of Constantinople should haue the prerogatiues of honor after him of Rome because Constantinople was a second Rome Now this Canon was noe Canon of a Generall Councell for be it that it was framed by the Councell of Constantinople that we call Generall or be it was made by that which was reassembled at Constantinople the yeare following the Councell of Constantinople that wee call Oecumenicall hauing bene composed onely of the prouinces of the Empire of the East and being become generall but by the adiunction and confirmation of that which was celebrated at the same tyme at Rome and this Canon not hauing bene sent thither it could not hold the place of a Canon of a generall Councell And therefore when Anatolius Bishop of Constantinople would haue caused
it to be renewed in the Councell of Chalcedon the Popes Legates answered that is was not to bee found in the Code of the Synodicall Canons of the vniuersall Church and added that is was neuer put in practise If the Bishops of Constantinople said they haue enioyed it what would they haue more and if they haue not enioyed it why doe they demaund it and for this very cause Pope Leo writt backe to Anatolius The signatures of certaine Bishops made as thou pretendest more then threescore yeares agone cannot vphold thy intention to which being tardie and longe agoe fallen thou hast sought weake and feeble proppes for neuer hauing bene transmitted to the knowledge of the Sea Apostolicke it could obtaine noe force And saint GREGORIE to the Patriarkes of Alexandria and Antioch The Roman Church hath neuer hitherto neither now doth receiue the Canons or acts of the Councell of Constantinople but she hath admitted that Synod in what it hath defined against Macedonius Anatolius then seeing this Canon had remained without effect for want of hauing bene confirmed by the Pope and by the westerne Church resolued to take the occasion of the Councell of Chalcedon celebrated at the gates of Constantinople and of the deposition of ` Dioscorus Bishop of Alexandria and second Patriarke of the Church which ranke he desired to possesse to attempt to cause it to be renewed And therefore spying out at the Euening of the twelfth daie the time that the assemblie of the Councell was seperated and that the legates of the Pope and the Senate were retired and that there were none remayning but the Bishops that he thought he could easily bring to his Bowe makeing vse of the absence of the Prelates of Egipt and of Libia who assisted not at the last Sessions of the Councell for as muche as there was yet noe ãâã of Alexandria established in Dioscorus his steede and preuailing with the fearefulnes of Maximus Bishop of Antioch created in the ãâã ãâã of Ephesus who for the sence he had of the vice of his ãâã durst not open his mouth against Anatolius who had ordained ãâã he ãâã a decree be particulariz'd which renewed the pretended Canon of the Councell of Constantinople and made it be signed by certaine Bishops of the prouinces neere Constantinople There was that ãâã saith ãâã an other Session when after the departure of the Iudges and the ãâã and the Legates of the Sea Apostolicke certaine priuiledges were ãâã to the Church of Constantinople by Anatolius his vsurpation takeing aduantage of ãâã condemnation The next day the Popes Legates stood vpon the forme of this surprise to the Councell and represented that the Bishops themselues that had signed this decree had signed it by constraint But the plott was so well laid for Anatolius borne out by the Emperor and by the Senat of Constantinople and by the Prelats of his diuision that their resistance was in vaine For part of the Bishops being absent as those of the Patriarkship of Alexandria who had the principall interest in it and part dissembling their opposition as Maximus Patriarke of ãâã who afterward complained to the Pope of the preiudices that the priuiledgs of his Church had receiued in the Councell of ãâã and part confessing against their will that they had signed it with their will as the Bishops of Asia minor who had already protested in the sowrth action that they had as lieue dye as permitt that the Bishop of Constantinople should ordaine their metropolitans And besides that Eusebius Bishop of Dorylaus one of the Bishops of the diuision of Constantinople assuring falsely that the Pope was of agreement with the Article the Councell passed forward to the approbation of the Canon and when the legates of the Pope opposed it they writt to the Pope to pray him to confirme it in these termes We praie thee to honor our decree with thy iudgement and as wee haue brought correspondence to our head for matters of weale so thy souer aigntie may fulfill to thy children in matters of decencie for in so doeing the religious Emperors shall be gratified Now the Pope had bene allreadie desired not to giue consent to such enterprizes for vpon this that in the Councell of Ephesus Juuenall Bishop of Jerusalem abusing the absence and contumacie of Iohn Patriarke of Antioch and assaying to vsurpe the iurisdiction of Palestina against the Canon of the Councell of Nicea which attributed the superintendencie of Palestina and of the Bishop of Ierusalem himselfe to the Archbishop of Cesarea one of the metropolitans of the Patriarkship of Antioch saint CYRILL Patriarke of Alexandria praied the Pope to consent that such attempts should take place In the Councell of Ephesus saith Pope LEO the first in his Epistle to Maximus Patriarke of Antioch Iuuenall Bishop thought to haue found out a sufficient occasion to obtaine the principalitie of Palestina and to cause his audacious insolence to be confirmed by surreptitious writings which saint Cyrill of holy memorie iustly haueing in honor represented to me and declared to me by his letters what Iuuenalls ambition had attempted and requested me with great ãâã and care that no consent might be giuen to such vnlawfull attempts For those causes then and allso that Maximus Patriarke of Antioch had renewed the same request vnto him the Pope insteede of confirming the decree of the Councell of Chalcedon seeing it inviolated the order of the Councell of Nicea which had giuen the second place to the Bishop of Alexandria and the third place to the Patriarke of Antioch annulled and abrogated it by these words addressed to the Empresse Pulcheria The pietie of your Faith ioyned with vs wee annull the plotts of the Bishops repugnant to the rules of the holy canons established at Nicea and by vertue of the authority of the blessed Apostle PETER wee wholy abrogate them by a generall sentence And that with such effect as the Emperor and the Bishop of Constantinople were constrained for the tyme to depart from their pursuite as it appeares by these words of the same Pope to Anatolius This thy fault which thou hast committed to augment thy power as thou saist by the exhortations of others thy tharitie had better and more sincerely blotted out if that which could not be attempted against thy will thou hadst not imputed it onely to the Councell of thy Clergie c. but it is an agreable thing to me most deare brother that thou dost now protest to be displeased with what should not euen then haue pleased thee but the profession of thy loue and the testimonie of the Christian Prince shall suffice to cause thee to re-enter into common grace and let not his correction seeme tardie that hath gotten so reuerent a suertie And from hence it comes that in manie greeke and latine copies this canon is onely in the historie of the acts but not in the Catalogue of the Canons noe
more then the twenty ninth and thirtith and that it is manifest to haue bene transferred from the history of the acts into the rolle of the Canons which possible is the subiect that hath giuen saint GREGORIE occasion to complaine that the Councell of Chalcedon had bene altered by the Greekes Afterward when Rome was fallen into the seruitude of the northerne nations a people barbarous and hereticall the Patriarkes of Constantinople makeing vse of the oportunitie or rather importunitie of the tyme againe sett forward the instance of this Canon and obtained from the Emperor Zeno who raigned in the East a lawe whereby he confirmed the precedency to the Bishop of Constantinople before the other Patriarkes that is to saie before the other Patriarkes of the East And one from the Emperor Justinian after the recouery of Rome by which he ordained that the Bishop of Constantinople should hold the second place in the Church Wee ordaine said the Emperor Iustinian that the blessed Archbishop of Constantinople new Rome shall haue the second place after the holie Sea Apostolicke of the ancient Rome and shall be preferred before all other Seas From whence it is that Liberatus time-fellowe with Iustinian speaking of the Councell of Chalcedon adds And although the Sea Apostolicke to this daie contradicts this decree neuerthelesse the decree of the Synod doth in some sort remaine by the Emperors protection Now Anatolius had procured that the Clerkes of the Councell of Chalcedon in renewing the Canon of the Councell of Constantinople should insert a word therein For whereas the Councell of Constantinople had simplie ordained that the Bishop of Constantinople should haue the prerogatiues of honor after the Pope those that renewed is added thereto Equall and couched the reuocation of the Canon in these words that the Chaire of Constantinople should haue the prerogatiues equall to that of the ancient Rome and shall haue the same aduantages in Ecclesiasticall causes as she hath being the second after her that is to saie ordained that the same prerogatiues as the Pope had absolutely ouer all Patriarkes the Bishop of Constantinople should haue them after the Pope ouer the other Patriarkes The Bishops of Constantinople then seeing that this Canon not onely granted them to hold the second place after the Bishop of Rome but also to enioy the same priuiledges with him as Constantinople being a diuision of Rome and a second Rome went so farr as to desire to participate in the same titles of honor which had bene yeilded to the Bishop of Rome to possesse them in a second place and in forme of adiunctes and colleagues with him and finding that in the Councell of Chalcedon the title ãâã or vniuersall had bene offerd to the Bishop of Rome they insisted as second Popes and Bishops of the second Rome to participate therein not in intention to exercise it in regard of the Pope but vnder the Pope and in regard of the other Patriarkes and were openly fauor'd therein by the Emperors For not onely the Councell of Constantinople holden vnder the Emperor Justin predecessor to Iustinian yeilded the title of vniuersall Patriarke to Iohn the third Patriarke of Constantinople but also the Emperor Justinian in the lawe to Epiphanius Patriarke of Constantinople exhibited to him the title of vniuersall Patriarke and after vnder the same Justinian the Councell of Constantinople holden against ãâã attributed the name of vniuerfall to Menas still after vnder Mauritius Iohn Bishop of Constantinople surnamed the Faster held a kinde of Councell at Constantinople where he began to intitle and inscribe himself Vniuersall Bishop and then the Popes displaied their censures against this title for although the Synods of the East had before this time yeilded the title of vniuersall Bishop to the Bishop of Constantinople neuerthelesse the Bishop of Constantinople had neuer yet presumed to inscribe and subscribe himself Vniuersall Patriarke vntill the Councell of Constantinople holden vnder Mauricius the Emperor And therefore the Pope Pelagius the second predecesson to saint GREGORIE abrogated and annulled all the decrees of that Councell except what had bene decided concerning the cause of Gregorie ãâã of Antioch It hath bene reported to the holy Sea Apostolicke faith Pope Pelagius the second that John Bishop of Constantinople intitles himself Vniuersall and that vpon this presumption of his he hath called you to a generall Councell notwithstanding that the authoritie of calling generall Synods hath bene consigned by a singular priuiledge to the Sea Apostolicke of the blessed Peter And a little after And therefore all that you haue decreed in that noe Synod of yours for Synod so attempted it could not be but a conuenticle I ordaine by the authoritie of the blessed PETER that it be annulled and abrogated And saint GREGORIE successor of the same Pelagius Our predecessor Pelagius of blessed memorie hath disannulled by a sentence intirely valid all the acts of that Synod except what concerned the cause of Gregorie Bishop of Antioch of reuerend memorie When Pope Pelagius was dead and saint GREGORIE his successor establisht in the Popedome the same John Bishop of Constantinople assisted by the fauour of the Emperor Mauricius still continued his challenge and perseuered to attribute to himselfe the qualitie of vniuersall Bishop not to exercise it in the Popes behalfe but to exercise it in the Popes absence and as colleague and adiunct to the Pope in the vniuersalitie ouer the Empire of the East and toward the other Patriarkes For it shall be shewed heereafter that he alwaies acknowledged the Pope for head and stock of the vniuersalitie and for absolutely vniuersall ouer all the Church and did protest himself to be his subiect and inferior and did not pretend to enioy the title of vniuersall but vnder the Pope and by association subalterne and subordinate to the Popes authoritie which was soone after interdicted him by the Emperor Phocas immediate Successor to Mauricius who declared that the title of vniuersall Bishop appertained but to the Bishop of Rome onely and could not be communicated to him of Constantinople And so much of the truth of the history Now let vs come to the obiections which are drawne from it To the first then of these obiections which is that in the Councell of Chalcedon Anatolius packed to be declared equall to the Pope after the Pope wee bring three Answeres The first answere is that he pretended not to be declared equall to the Pope in regard of the Pope but vnder the Pope and in regard of the other Patriarkes that is to saie that he did not pretend to haue like aduantage ouer the Pope as the Pope had ouer him but to haue the same priuiledges ouer the other patriarkes as the Pope had ouer him and them and by this meanes to be equall to the Pope not in regard of the Pope but in regard of the other patriarks And this is testified by the vniuersall historie of
that he would haue brought vnder the Patriarkships of Alexandria and of Antioch from whence it is that the same Pope Leo reproached it to him that he had packed this decree not simplie to exalte his ranke but to increase his power This thy fault said hee which to augment thy power thou ãâã committed as thou saist by the exhortation of others thy charitie had better and more sincerely blotted out if thou hadst not imputed that which could not be attempted without thy will to the onely Councells of thy Clergie And elsewhere After the vicious beginnings of thy promotion after the ordination of the Bishop of Antioch which against the rules of the Canons thou hast attributed to thy self I am greeued that thy dilection hath fallen so farre as to insringe the holy Constitutions of the canons of Nicea as if thou hadst watched a time for thy purpose wherein the Sea of Alexandria was fallen from the priuiledge of the second honor and wherein the Church of Antioch had lost the proprietie of the third dignitie to the end that those places being subiected to thy iurisdiction all the Metropolitans might be depriued of their proper honor And was it not vnder this pretence that the Patriarkes of Constantinople attributed to themselues the appeales from other Patriarkes That which was defined saith Balsamon in the Councell of Sardica for the Pope concerning appeales ought also to be extended to the Patriarke of Constantinople for asmuch as hee hath bene by diuers canons meaning the canon of the Councell of Chalcedon and that of the Councell Trullian honored in the same sort as the Pope And againe This priuiledge belonges not to the Pope alone that euerie Bishop being condemned should haue recourse to the Sea of Rome but it ought also to be vnderstood of the Patriarke of Constantinople And Nilus Archbishop of Thessalonica the twentie eight canon of the Councell of Chalcedon and the thirtie sixth of the sixth Councell honoring the Sea of Constantinople with the same priuiledges with that of Rome grant also manifestly the appeales to that of Constantinople And in briefe was it not vnder this very pretence that when Gregorie Patriarke of Antioch had appealed to the Emperor and to the Councell from the persecutions of the Gouernors of Syria John Patriarke of Constantinople presumed to call a generali Councell of the Church of the East and to assigne the other Patriarkes and Metropolitans of the Empire of the East to be there and there to iudge with them the cause of Gregorie and there to intitle himself vniuersall Bishop Now is not this to protest that before that Constantinople was erected into the title of second Rome and that the Councells of Constantinople and Chalcedon had made this pretended extension of the priuiledges of the Bishop of Rome to him of Constantinople the vniuersall primacie and superintendencie of the Church belonged to the Pope For to say that at least it appeares from these words of the Councell of Chalcedon The Fathers did iustlie exhibit the priuiledges to the Sea of the ancient Rome for asmuch as that cittie had the Empire and the hundred and fiftie Religious Fathers moued with the same consideration ãâã attributed equall priuiledges to the holy Sea of the Cittie of ãâã That the cause wherefore the Fathers which had preceded the first Councell of ãâã had giuen the primacie to the Pope was not the Succession of saint PETER but the dignitie of the cittie of Rome besides that heere the question is not of right but of possession nor of ãâã the cause wherefore the Fathers which liued before the first Councell of ãâã had granted the primacie to the Pope but to knowe whether indeede they had graunted it him when the Bishop of the Councell of Chalcedon said that the primacie had bene exhibited to the Church of Rome because the cittie of Rome was the Seat of the Empire they intended not that the dignitie of the cittie of Rome had bene the next conioyned and immediate cause of the primacie of the Bishop of Rome but the cause antecedent obiectiue and remote contrarywise the next and conioyned cause of the primacie of the Church of Rome they acknowledged to be the Succession of saint PETER as it appeares both by the title that they gaue to the Popes Epistle calling it the sermon of the Sea of saint PETER and by the protestation that they made that the Popes primacie was of diuine right and instituted by the proper mouth of our Lord when they said speaking of Dioscorus He hath extended his ãâã ãâã against him to whom the guarde of the vine was committed by our ãâã But the cause of the cause that is to saie the cause that moued saint PETER head of the Apostles to place and settle his Sea at Rome rather then in an other place they pretended to haue bene the dignitie of the Cittie By meanes whereof these two causes were not exclusiue but inclusiue one to the other As also the lawe of the Emperors ãâã Valentinian made six yeare before the CouÌcell of Chalcedon comoynes them in these wordes Three things haue established the primacie of the Sea Apostolicke the Merit of saint Peter who is the Prince of the Episcopall ãâã the dignitie of the Cittie and the Synodicall authoritie And to this there is no repugnancie in that which the Fathers of the same Councell argued also of the dignitie of the cittie of Constantinople and they alleadged that it was second Rome to inferr from thence the second place to the Bishop of Constantinople for they grounded not their instance simplie vpon the temporall dignitie of the cittie of Constantinople which was saith saint AVSTINE daughter to the cittie of Rome but also vpon the spirituall dignitie of the Church of Constantinople which was daughter to the Church of Rome forasmuch as a part of the Clergie of Rome were transferr'd to Constantinople with the other Roman inhabi tants when one of the halues of the Empire was transported thither that is to saie they did not leane onely vpon this that the Cittie of Constantinople was an other Seate of the Empire but vpon this that the Church of Constantinople was a Swarme and a collonie of the Church of Rome and the Episcopall Sea of Constantinople a member and part of the Sea Episcopall of Rome or rather one and the same Sea Episcopall and one and the same Throne of saint PETER with that of Rome as Iohn Patriarke of Constantinople protesteth to Pope Hormisdas in these words I esteeme the Church of your ancient and this new Rome to be one self-same Church and I make account that that Sea of saint Peter and this of this Imperiall cittie is one selfe same ãâã And as it seemes the title of the lawe of the Emperor ãâã ãâã it when he calls the Sea of Constantinople the Sea ãâã and Zonarus when he saith that in the tyme
canon as a canon of the Councell of Chalcedon for besides that in saying wee renewe the decree made by the hundred and fiftie Fathers assembled in this religious and royall cittie and by the six hundred and thirtie Fathers assembled at Chalcedon it shewes sufficientlie how this canon had bene till then disputed and called in question the Councell Trullian was aschismaticall ignorant and vnlawfull Councell as it shall heereafter appeare both by the testimony of BEDA an author of the same time who calls it an impious Councell and by the approbation which was made there of the Councell of Africa concerning the Anabaptisme of heretickes which had bene an erroneous and reprouable Councell as Saint AVGVSTINE and all antiquitie doe testifie and as the Popes aduersaries themselues doe acknowledge And this suffficeth for the first obiection Now let vs goe forward to the second To the second obiection then which is that the Bishop of Constantinople went about to participate in the title of Oecumenicall or vniuersall whereof the Pope had receiued the nomination in the Councell of Chalcedon wee bring fower Answeres The first answere is that it was not to possesse this title by the exclusion of the Pope but to possesse it by the association of the Pope and in regard of the other Patriarkes for not onely in the Councell of Chalcedon the title of vniuersall had bene offered the Pope before the Bishop of Constantinople had euer presumed to aspire to it but in the Councell of Constantinople holden vnder Menas which is the first Councell where the name of Vniuersall had bene giuen to the Patriarke of Constantinople bee it directly or be it from the relation of a Councell holden a little before it there were read the requests of the Churchmen of Constantinople of Antioch and of Jerusalem presented in Constantinople it self to Pope Agapet and couched in these termes To our most holie and most blessed Lord Agapet Archbishop of the ancient Rome and vniuersall Patriarke And during the contention of saint GREGORIE and the Patriarks of Constantinople Eulogius patriarke of Alexandria writing to Pope GREGORIE calls him Uniuersall Pope And in the next age after saint GREGORIE the Emperor Constantine the bearded residing at Constantinople and assisting at the third generall Councell of Constantinople intituleth the pope Uniuersall Patriarke and Arch-Pastor You haue said hee in the epistle to the councell of the West seconded your captaine the vniuersall âier arch and Patriarke And againe You haue bene present by your Procurators you and the vniuersall Arch-Pastor at our councell And after when the Emperor Basilius the younger and Eustachius Patriarke of Constantinople would haue reconciled themselues to the Roman Church they capituled that it might be lawfull for them to obtaine with the consent of the Pope that the Church of Constantinople should be called Uniuersall in the compasse thereof as the Roman was in the compasse of the whole world And still after them Balsamon although puft vp with his imaginarie title of Patriarke of Antioch and a great enemy to the Latins which possessed his pretended patriarksip he fauoured the Pope as little as he could and attempted to proue all the patriarkes equall for that which concernes the ordinary administration of their patriarkships neuerthelesse he confessed that the custome of the Greekes was to attribute to the Pope the title of Vniuersall Pope and to the Bishop of Constantinople that of Vniuersall Patriarke I haue said hee a purpose to tell wherefore the Pope of Rome is called Vniuersall Pope and likewise the patriarke of Constantinople Vniuersall patriarke And a little after But because the Deuill of self-loue hath separated the Pope from the societie of the other most holy Patriarkes and hath restrained him onely into the West I omitt this discourse as vnprofitable The second Answere is that by the word Vniuersall the Bishop of Constantinople neuer pretended to exempt himself from the Popes iurisdiction but acknowledged himself subiect and inferior to the Pope as it appeares by those very peeces where the name of Vniuersall is attributed to the Bishop of Constantinople which doe all testifie that he was subiect and inferior to the Pope and that the instance that he made to be adioyned and associated to the Pope in the participation of the vniuersalitie was not to the end to possesse it in regard of the Pope but vnder the Pope and in regard of the other Patriarkes alwaies acknowledging the Pope for stocke and head of the vniuersalitie and protesting himselfe his subiect and his inferior For in the law of the Emperor Iustinian to Epiphanius Patriarke of Constantinople which is the first where the word vniuersall is offerred to the Patriarke of Constantinople doth not Justinian write to him Wee haue in all thinges preserued the Estate of the vnitie of the holy Churches with the most holy Pope of ancient Rome to whom wee haue written the like For wee suffer not that anie thinge should passe touching the Ecclesiasticall Estate which shall not be also referred to his Blessednesse for as much as he is the head of all the most holie Prelats of God And in the Councell of Constantinople holden vnder Menas which is the first Councell in forme where we see the title of Vniuersall giuen to the Patriarke of Constantinople Is it not saith Anthimus Patriarke of Constantinople protested to doe all that the Soueraigne Pope of great Rome should decree And writt to all the most holy Patriarkes that hee would altogether followe the Sea Apostolicke And Menas Patriarke of Constantinople doth noe hee himself pronouncé these words Wee will in all things follow and obay the Sea Apostolicke And in the heate of the question of the word Vniuersall doth not saint GREGORIE reporte that Iohn Priest of Chalcedon a Cittie situate in Asia and at the gates of Constantinople hauing bene iudged at the Tribunall of Iohn Patriarke of Constantinople appealed from him to the Sea Apostolicke and was againe iudged at Rome and the Bishop of Constantinople giuing his helping hand to it euen then when he tooke vpon him the qualitie of vniuersall and sending the Acts of the first iudgement to Rome to be reuiewed by the Pope Knowest thou not Saith sainct GREGORIE that in the cause of John the Priest against our brother and fellow-fellow-Bishop Iohn of Constantinople he had recourse according to the Canons to the Sea Apostolicke and that it hath bene defined by our sentence And elsewhere John Bishop of Constantinople hath gone soe farr as vnder pretence of the cause of John the Priest he hath sent hither Acts wherein almost at the end of euerie line he calls himselfe vniuersall Patriarke And finally the Emperor and the Patriarke of Constantinople did they not themselues acknowledge in the strenght of this dispute that the Church of Constantinople was subiect to the Roman Church as saint GREGORIE reportes it in
to cause the ãâã 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 ãâã 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 ãâã 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 secoÌd 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 ãâã 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 ãâã 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
God-sonne sent thither from the beginning regiments of Souldiers to authorise by force ãâã the abbettor of the Eutychian heresy and to exclude from iudgement all those that were suspected by Eutyches Now Eutyches refused the Popes legats amongst others aswell because the Pope had confirmed the sentence of Flauiauus Bishop of Constantinople against him as in their owne interest because that being arriued at Constantinople Flauianus that ãâã held for his aduersarie had entertained and feasted them The legates saith Eutyches sent by the most holie and most beloued of God the Archbishop ãâã Rome Leo are suspected by me for they haue bene entertained and feasted ãâã gratified with presents by the most beloued of God the Bishop Flauianus ãâã these causes then Chrysaphius desirous to exclude them from the iudgment of the Councell obteyned by surprise letters from the Emperor Theodosius the second a man that signed dispatches without reading them wherefore his sister to reproach him for his simplicitie once made him signe the bondage of his wife by which vnder ãâã of refusing those that had alreadie iudged Eutyches he ordained ãâã to preside there and accompained them with men of warr to haue the sway there Now how vnlawfull this beginning was ãâã needes noe other iudge but the same Emperor who afterward informed of the deceipt that Chrysaphius had made vse of to him-ward ãâã him by exile and confiscation of goods and offices And secondly where Caluin saith that the Popes Legates did not dispute for the first place there is manifestly false For Liberatus an author of the next insuing age writes exppressely The Popes deputies would not indure to sitt there because the precedence had not bene giuen to their sacred Sea And when the Acts of the same Councell all which Dioscorus had falsified were read ouer in the Councell of Chalcedon when they came to name Julian legate to Pope Leo it was said that the Act was false and that the name of Leo had not bene there receiued And thirdly the first complaint that the Popes Legates propounded to the Councell of Chalcedon against Dioscorus was That he had presumed to hold an Oecumenicall Councell without commission from the Sea Apostolicke which had neuer bene either done or lawfull to be done And finally the primacie that Dioscorus had vsurped in the false Councell of Ephesus though by surreptitious letters from the Emperor and vpon the refusall of the Popes Legates was declared Tyrannie and himselfe deposed amongst other causes for hauing sett vpon the Pope By the decrees of his tyrannie said the Fathers of the Councell of Chalcedon writing to Pope Leo he hath absolued Eutyches who for his impietie had bene condemned and hath restored to him the dignitie whereof he was depriued by your Holynesse And a little after And to make vp all this he hath extended his felonie ãâã against him to whom the guarde of the Vine hath bene commited by our Lord that is to saie against your Holynesse Is not this a goodly example for ãâã against the Pope Of the order of the sittings of the Councell of Chalcedon CHAPT XI CAluins fowrth obiection is taken from the Councell of Chalcedon In the Councell of Chalcedon saith he Pope Leo ãâã it of Grace of the Emperor that his Ambassadors might preside there because the Bishops of the East who had presided in the second ãâã of Ephesus had misbehaued themselues there and had abused their power And I for my part must needes aske him how longe hee will abuse our patience For Leo did nothing lesse then to pray the Emperor that his deputies might preside at the Councell of Chalcedon but hauing sent in the first month of the same yeare a legation to Constantinople ãâã Lucentius a Bishop and ãâã a priest and after haueing added to them vpon the occurrence of the celebration of the Councell ãâã Bishop of Lylibea in Sicilia and hauing associated with him Iulian a latine Bishop of the Isle of Cos in the Grecian Sea who was alreadie in those partes and resided as Nuntio at Constantinople with the Emperor he declared to the Emperor not in forme of a request but in forme ãâã a resolution that it must be this Paschasinus Bishop of Lylibea of whose sufficiencie and constancie to maintaine the truth he had more assurance then of the rest that should preside in his name at the Councell as also ãâã was there the head of the legation and carried the vote in the conclusion of the CouÌcell though he had bene last sent Now who seeth not that this was not to demaund that his legates might preside there but to appoint which of his legates should preside there I haue said he sent my Brother and fellow-Bishop Paschasinus of the Prouince which seemes to me most secure that he may sulfill my place and haue associated with him our brother and fellowe-Priest Boniface comprehending with them those that we had alreadie formerly sent to whom I haue added for a Colleague the Bishop Iulian. And a litle after Because some of our bretheren a thing which we can not speake of without griefe could not keepe their Catholicke Constancie against the whirlewindes of falsehood it is Conuenient that my said brother and fellowe-Bishop Paschasinus should preside in my place in the Synod For whereas Caluin saith That by those bretheren that could not maintaine their CoÌstancie against the whirlwindes of falsehood he intended not the legates of the Pope which had withdrawne themselues but the Bishops of the East who had presided at the false Councell of Ephesus to witt Dioscorus it is an ignorance that deserues the Ferula since Dioscorus and his complices were themselues the whirlewindes of falshood And indeede why should Pope Leo in the Epistle that Caluin citeth of him which was written vnder the Consulship of Adelphius haue prayed the Emperor that he might preside by himself or by his legates at the Councell of Chalcedon since from the precedent yeare that is to saie vnder the consulship of Valentinian and Abienus and before it was knowne there should be anie Councell holden at Chalcedon the Emperor had written to him Our desire is that all impietie being banisht by a Councell assembled vnder your authoritie an intire peace may be restored to all the Bishops of the Catholicke faith And againe It remaines if it pleasse your Holynesse that you trauell into these partes and celebrate a Synod heere c. or if it be troublesome to come hither your Holynesse may please to signifie it by your letters Which Theodorus Anagnostes citing the same letters repeates in these termes Marcian and Pulcheria writt to Leo Pope of Rome yeilding to him all authoritie And how could he haue prayed the Emperor since without attending the Emperors answere and the next day after he had sent him the letter he writt to the Councell The Emperor hath inuited vs by his letters to
called by him or at his instance but for ãâã much as that Councell which was a particular Councell had vndertaken as compounded of Arrian Bishops who violated all order and discipline to decide things that concerned the vniuersall Church ordayning in hate to saint ATHANASIVS That euery Bishop that after he had bene deposed by a Synod should continue still to performe episcopall functions without hauing bene first reestablisht by an other greater Synod should be incapable of restitution and that the lawes of the Church bore that there could noe decrees be made in the Churches that is to saie as Caluin himself interprets it for things regarding the vniuersall Church without the Sentence of the Bishop of Rome he reproacheth it to them that they had exceeded the power of a particular Councell That is to saie had decided the affaires which concerned the generall gouernement of the Church without hauing inuited him to assiste at it either by himself or by his Legats A thing that if we were stript of all other argumentes would sufficiently shewe the Popes authoritie for if the absence of the Pope alone and not of anie other Patriarke or Metropolitan were an impediment to the makeing of decrees to oblige the vniuersall Church how can it bee but the Pope must be head of the Church and Superior of the other Patriarkes To the third obiection which is that saint IEROM speaking of a certaine Councell holden amongst the Gaules cryes What Emperor hath commaunded this Synod to he assembled From whence they inferre that the Emperors onely called the generall Councells Wee answere it is a very Sophisme for the Councell whereof saint IEROM spake was not a generall Councell but a particular that Ruffinus pretends to haue bene holden in Gaule against saint HILLARY Nowe wee agree of all sides and Caluin himselfe confesses it that the Metropolitans Primates and Patriarkes called particular Councells And the Councells of the westerne Church holden at Rome by Pope DAMASVS in the tyme of the heresie of the Macedonians by Pope Celestine against the heresie of the Nestorians by Pope LEO against the heresie of the Eutychians by Pope Agatho against the heresie of the Monothelites inforced the most obstinate to confesse that the Pope if not as head of the vniuersall Church yet at least as Patriarke of the West called the Patriarchall Councells of the westerne Church and not onely called the Patriarchall Councells of the Westerne Church but alsoe when there was neede caused to be called extraordinarily the nationall or prouinciall CouÌcells of such a NatioÌ or Prouince of the West as he thought to be necessarie as it appeares for Africa froÌ these wordos S. AVGVSTINE The Ecclesiasticall necessitie enioyned vs by the ReuereÌd Pope Zosime Bishop of the Sea Apostolicke had drawne vs to Caesaria And for Macedonia Achaia and Thessalia from these of Pope LEO to Anastasius Bishop of Thessalonica his Legat in those prouinces If There be anie maior cause moued for which it shal be necessarie to cause an Episcopall assemblie to be called let it suffice thee to call two Bishops of euery Prouince such as the Metropolitans shall choose And for Spaine from these of the same LEO Wee haue sent letters to our bretheren and fellow Bishops of Arragon of Carthagena of Portugall and of Galitia and baue declared to them the assemblie of a generall Councell that is to saie generall for Spaine In which place they must not cauill vpon the word Councell and conuert it into Counsell For the first Councell of Bracara reporting the same historie saith By the commaundement of Leo the Bishops of Arragon Carthagena Portugall and Andaluzia held a Councell amongst them But besides the spirituall authoritie were it of Metropolitans Primates and Patriarkes for the calling of particular Councells be it of the Popes as wee pretend for the calling of generall Councells the temporall authoritie of the Emperors was alsoe requisite aswell to auoid state iealousies and hinder suspitions of conspiracies against the Empire as to take order for the Charge of transportations Staples and prouisions and to furnish the costes of the voyages which the Churches then newlie out of the persecution of the Pagans could yet hardlie beare And therefore when there was question of calling not onely generall Councells of all the Earth but alsoe the generall Councell of the Westerne Church the temporall authoritie of the Emperors concurred with the Spirituall authoritie of Popes for the execution of the conuocation The Emperor Valentinian saith Pope Sixtus the third tymefellowe to saint CYRILL hath commaunded by our authority that the Synod should be called And when there was question of calling Nationall Synods if it were within the countries of the Empire the authoritie of Emperors or of their lieuetenans was allso required and if it were within the ecclipsed countries or not depending from the Empire that of the Kings of the nations where it was to be celebrated must be ioyned thereto as when the first Councell of Bracara in Spaine was called it is said it was called by the commaundement of the glorious King Ariamira or according to others Theodomina And when the second Councell of Tours speakes of the first Councell of Orleans holden vnder Clouis it is said it was done at the request of the most inuincible king Clouis And when the second Councell of Mascon was holden vnder King Gontran it was ordained that the ordinarie Nationall Councells should be celebrated from three yeare to three yeare and that the care to cause them to be assembled appertained to the Bishop of Lion and the disposition to the most magnificent Prince Now if the temporall conuocation of Nationall Councells made by the Emperors or by the Princes of the Nations were ãâã impediment but that the spirituall conuocation of the same Councells might be due to the Primats of the Nations Why should the temporall conuocation of generall Councells made by the Emperor be an impediment why the authoritie to call them spiritually that is to saie in behalfe of spirituall and ecclesiasticall power might not belong to the Pope For that then as we haue newlie said the authoritie of Emperors was necessary and ãâã to make the decisions of Councells executorie by the Secular arme and by the ministers and officers of temporall iustice who otherwise would not haue labored to punish corporallie those that should contradict And that is the cause wherefore the Fathers of the Councells were soe carefull to sett this title in the forefront of their acts The most holie and generall Councell called by the authoritie of the most religious Emperor to the end to make their decrees executorie temporallie and by the ministrie of the Secular Tribunall but not to make them obligatorie in conscience and spirituallie For when was it saith saint ATHANASIVS that the iudgement of the Church hath euer taken authoritie from the Emperor And indeede who can doubt but that
if there had bene any generall Councell holden vnder the Pagan Emperors the Christians had bene obliged in conscience and to the spirituall Tribunall of the Church though it had not bene called by them And that if the Turke should euer make himselfe vniuersall monarch of the world and that there should be a generall Councell holden vnder ãâã Empire the Christians should be obliged in conscience and to the spirituall Tribunall of the Church though it were not called by him And then if the authoritie necessarie to make generall Councells obligatorie in conscience ought to be perpetuall and alwaies to haue place how can that be by imperiall authoritie which hath bene deuided into soe manie parcells as at this daie in a manner the least part of it belonges to the Empire For the conuocation of the pluralitie dispersed must depend from an vnitie and from an vnitie that hath authoritie ouer euerie indiuiduall of the pluralitie as the ancient Emperors themselues acknowledged that of the Pope to be when they ordayned That euery Bishop that being called to the Popes iudgment should ãâã to come should be constrained by the Gouernor of the Prouince to appeare And therefore as often as our aduersaries crie out such an Emperor called such or such a Councell so often they loose their tyme and their labour For wee are agreed that whilst the Emperors were Monarchs of the world or of the greater part of the world they called them all in regard of temporall authoritie but we saie besides the secular authoritie of the Emperor which was necessarie to make the conuocations of Councells authenticall temporally must an other authoritie interuene to witt a spirituall and ecclesiasticall authoritie to make it lawfull and authenticall spirituallle and to make that the Councells may be said to be called from God and obligatorie in conscience and to the Spirituall Tribunall of the Church Now that we maintaine to haue bene the authoritie of him who was the principle center of ecclesiasticall vnitie and the head of all the Bishops and without whose sentence it was vnlawfull to make definitiue lawes in the Church to witt the Pope whose authoritie for this regard ought to concurr with the authoritie of the Emperors either actuallie or virtuallie I said either actuallie or virtuallie for as much as it sufficed for the spirituall validitie of the conuocation of Councells that the Popes did either call them or cause them to be called or approued their conuocation For when the Emperors called them either at the Popes instance or with the consent and approbation of the Pope the spirituall conuocation of the Pope was alwaies reputed to interuene as also the Catholicke Emperors and which abstained from tyranizing ouer the Church neuer called them but wheÌ the Pope required it of them or they required it of the Pope And when they were required by the Pope they were alwaies readie to call them although that for the places where they should be celebrated the Emperors because of the commodities or incommodities of the State reserued the election to themselues For whereas the Emperor Constantius refused Pope Liberius who demaunded of him that a generall Councell might be holden for saint ATHANASIVS cause it was the refusall of an Arrian Emperor noe lesse an enemie to the Sonn of God then to saint ATHANASIVS And whereas the Emperor Arcadius refused Pope Innocent who sent saith Sozomene fiue Bishops and two priests of the Roman Church to the Emperors to demaund of them a Councell for the cause of saint Chrisostome and sent saint CHRISOSTOME into a more remote banishment it wasatyrannicall act of an Emperor possest by the Enemies of this holy man For this then the temporall conuocation of the Emperors was necessary to wit that the ministers of the Empire who were obliged by the politicke and imperiall lawes not to suffer anie assemblies without the Emperors permission should not hinder them that the Estate should haue noe colour of iealousies and that the officers of the cittie should furnish the charges Staples and transportations of the Bishops and that the Councells should be kept at the expences of the imperiall Exchequer and that finallie the decrees of Councells might be obligatorie to the secular Tribunall and executory temporallie and by the Ministrie of the politicke Magistrate but not that the conuocation of the Emperors was of the essence of the Councell as that of the Popes was nor serued to make them obligatorie in conscience and to the spirituall Tribunall of the Church noe more then the Presidency of the same Emperors at the Councells either by themselues or their Officers was of the essence of the Councells as that of the Pope was but onely for comelynes and ornament and for keepeing order and temporall policie witnes this language of the Councell of ãâã to Pope LEO the first Thou didst preside by thy legates in the Councell as the head to the members and the Emperors presided there for seemelynesse and ornament striuing with thee as Zorobabel with Iesus to renew in doctrine the building the Ierusalem of the Church For what meanes this comparison of Pope LEO with Iesus high Priest of the Iewish lawe and of the Emperor Marcian with Zorobabel Prince of the Iewish people but that there was like analogie in Christian Religions betweene the Pope and the Emperor for the holding of Councells as there was in the Iewish Church betweene the high Priest which was Iesus and the Prince of the people which was Zorobabel for the building of the Temple that is to saie that the one to witt the Pope should concurr there as head of the Priesthood and spirituall iurisdiction and the other to witt the Emperor should concurr there as head of the politicke and temporall iurisdiction and therefore when there is question of the calling of Councells there must be a distinction betweene the spirituall calling of Councells and the temporall calling of Councells that is to saie betweene the conuocation necessarie to make their assemblie authenticall temporallie and the conuocation necessarie to make their assemblie authenticall in conscience and spirituallie In the first case there was nothing to be determined betweene the Popes and the Emperors for none doubtes but the authoritie necessarie to call generall Councells temporallie and to make them executory by the secular arme was the authoritie of the Emperors noe more then at this daye anie doubtes but the authority necessary to make the conuocation of Nationall Councells authenticall temporally must be that of the Kings or Princes within whose estates they are to be holden In the second case there was yet lesse for as much as it is euident that the authoritie necessarie to legitimate in conscience the conuocation of Councells and to make them obligatorie spirituallie must be a spirituall and ecclesiasticall authoritie a temporall Magistrate not being able to conferr anie spirituall authoritie to Councells And indeede when the Emperors haue pretended
to call generall Councells without being moued thereto or seconded by the iust ecclesiasticall authoritie those Councells haue bene declared illegitimate not onely by the finall issue of their iudgements but by the originall vice of their forme if the Popes confirmation did not come in to correct the defect For the Councell of Arimini which was compounded of fower hundred Bishops and which had bene called by the Emperor Constantius was declared inualid not onely for the issue of the iudgement but for this cause amongst others saith the Councell of those of the West reported by Theodoret That it had bene holden without the consent of the Bishop of Rome whose sentence should first of all haue bene attended And in the Councell of Chalcedon the first complaint that was made against the false Councell of Ephesus that the Emperor Theodosius the second surprized by the fraude of the Eutychians had called without the Popes authoritie although with a request to the Pope to assist at it or to send to it was That Dioscorus presumed to hold a Councell without the Bishop of Romes permission which had neuer bene lawfull or before done By meanes whereof all the question of the spirituall and ecclesiasticall authoritie necessary from the part of the conuocation to make Councells lawfull in conscience and obligatory to the internall Tribunall of the Church is betweene the Pope and the other Patriarkes and consistes in this to witt to whom either to the Pope or to the other Patriarkes it belonged to call Councells spiritually Now who doubtes but it must be to him of the Patriarkes that ought to preside there and the defect of whose presence either mediare or immediate rendred the Councells inualid And who sees not that euen if the Pope had not bene the direct Successor of saint PETER if he had not bene his Vicar in whose name all Councells ought to be called if he had not bene the center of the ecclesiasticall vnity and Communion if he had not bene the Bishop as saint CYPRIAN saith of the chaire of Peter and of the principall Church from whence the Sacerdotall vnitie proceeded and in breefe had he not bene superior in authoritie to the other Patriarkes but onely the first of them in order it belonged to him to call them as it did anciently to the PresideÌt of the senate to call the Senate And therefore wheÌ Pope Gelasius saith The Sea Apostolicke onely decreed that the Councell of Chalcedon should be holden It is not to the exclusion of the Emperor that he makes this restriction but to the exclusion of the other Patriarkes And when Pope Pelagius S. GREGORIES predecessor writes The authority to call generall Councells hath bene attributed by a singular priuiledge to the Sea Apostolicke of holie Peter It is not to the exclusion of the Emperors that he makes this limitation but to the exclusion of the other Patriarkes and particularly of the Bishop of Constantinople for the Bishop of Constantinople pretending by the creation of his cittie into the title of the second Rome to haue bene made equall to the Pope not in regard of the Pope as hath bene aboue said but in regard of the other Patriarkes had dared to presume to participate in the East in the title of vniuersall Patriark which title the Pope had receiued at the Councell of Chalcedon and in continuance of this presumption had endeuored to call a generall Councell that is to saie a generall Councell of the Empire of the East in the East To the end then to represse his arrogance the Pope put him in mynde that the power to call generall councells that is to saie the generall councells aswell of all the Empire as of the particular Empire of Constantinople as a ease exceeding the simple patriarchall authoritie belonged to the onely direct and absolute successor of S. PETER It hath bene reported to the Sea Apostolicke saith the same Pelagius writing to the Bishops of the East that Iohn Bishop of Constantinople hath intituled himselfe vniuersall and by vertue of this his presumption hath called you to a generall Councell he meanes the generall Councell of the East whereof Euagrius speakes called for the cause of Gregorie Patriarke of Antioch notwithstanding that the authoritie of calling generall Councells hath bene attributed by a singular priuiledge to the Sea Apostolicke of the holy Peter And a little after And therefore all that you haue decreed in this your not Councell but conuenticle I ordaine by the authoritie of holy PETER Prince of the Apostles c. that it be disanulled abrogated Which S. GREGORIE the great also reportes in these words Our predecessor Pelagius of happie memorie hath abrogated by a sentence intirely valid all the actes of this Synod except what concerned the affaire of Gregorie Bishop of Antioch of happie memorie Now doth not this alone suffice to decide the whole question For if the Bishop of Constantinople vnder pretence of the equalitie that he challenged to haue obtained with the Pope in superioritie ouer the other Patriarkes presumed to call the generall Councells of the East why is it not manifest that the authoritie to call generall Councells forasmuch as concernes spirituall and Ecclesiasticall power belonged to the Pope And if it were soe when the Emperors possest almost all the Regions of the Empire and when the Catholicke Church was spread almost ouer all the other patriarkships how much more nowe when that the Emperors hold but the least part of the Estates of the ancient Empire and that the Catholicke Church is almost reduced into the prouinces of the patriarkship of the Pope or to those that by the conuersion of countries newlie discouered haue drawne their mission and Ecclesiasticall iurisdiction from them But heere is enough of the calling of Councells lett vs goe forward to the other Articles CARD PERRONS REPLIE TO THE KING OF GREAT BRITAINE THE THIRD BOOKE Of Appeales CHAPT I. The continuance of the Kings Answere FOr ãâã ãâã ãâã ãâã ãâã obseruation that is to saie of a contrary obseruation to ãâã his ãâã had said that those which vvere excommunicate by anie of the Churches vvere presently acknovvledged to be ãâã of through all the Catholicke Church it ãâã ãâã ãâã ãâã ãâã ãâã THE REPLIE AND what doth this then signifie that Theodoret speaking of the ãâã that the ãâã made of saint ATHANASIVS Patriarke of Alexandria at the tribunall of Pope Julius writeth Julius following the lawe of the Church commaunded them to come to Rome and cited the deuine ãâã in iudgement And what doth this then signifie that ãâã faith that after the same ATHANASIVS ãâã of Alexandria Paul Bishop of ãâã ãâã Marcellus Primat of ãâã in ãâã Asclepas Bishop of Gaza in ãâã And Lucius Bishop of Andrinopolis in Thrace had bene deposed by diuers Councells of the ãâã of the East The Pope restored them euerie one to his Church because to him for the dignitie
of his Sea appertained the care of all things And what then doth this signifie that the Emperor Valentinian writ to the Emperor Theodosius that Flauianus Bishop of Constantinople deposed in the second Councell of Ephesus had according to the custome of Councells appealed to the Pope And what then doth this signifie that the senators of the Councell of Chalcedon saie in the restitution of Theodoret Bishop of Cyre ãâã a towne bordering vpon ãâã who had bene deposed in the same Synod of Ephesus and had appealed from it to Pope LEO Let the most religions Bishop Theodoret come in that he maie partake of the Councell for as much as the most holie Archbishop Leo hath restored him to his Bishopricke For as for the impertinent shift of those that answere that the restitution that the Pope makes of Bishops which had bene deposed by the Councells of their Prouinces was but a simple declaration that he was of opinion they ought to be restored and not a formall and iuridicall restitution And likewise that the deposition that he made of the Bishops or Priests of other Prouinces was but a declaration that his opinion was that they ought to be deposed and not a formall and iuridicall deposition what can there be imagined more vnapt and more ridiculous Is there soe young a Nouice in the lawes that knowes not how differing these things are to be of opinion that a man ought to be absolued and to absolue or to be of opinion that a man ought to be condemned and to condemne him And that if all the Parliaments of the world had pronounced that it was their opinion that a criminall person ought to be condemned he were not condemned thereby vnlesse they pronounced planelie wee haue condemned and doe condemne him for as much as the one is an act of science and the other is an acte of authoritie and that the least doctors can doe the one and onely Iudges the other But why said I soe younge a Nouice in the lawes Is there a man soe destitute of common sence as can not discerne that when the Pope restores anie one who had bene deposed by the Councell of his prouince if the Popes restitution were but a simple aduice that he ought to be restored he that had bene deposed had not more right to returne into his Bishopricke after the restitution then before And that his diocesans were noe more obliged in conscience to receiue him then they were before Moreouer if the Popes restitution were but simplie an aduise that he that was deposed ought to be restored what end would there be of Ecclesiasticall contentions for the Bishops that had deposed him being of opinion that he ought to bee deposed and the Pope being of opinion that he ought to bee restored if the Popes restitution were but a simple aduise that he ought to be restored to whose aduise should the restored person be obliged to yeild If to that which seemed most iust to him then it was he himselfe that was the iudge of his deposition or restitution if to that of the Pope then it were noe more an act of aduise and Councell but an act of iurisdiction and authoritie and not a simple act of iurisdiction and authoritie by which the Pope restored him for his part and as much as was in him but an act of iurisdiction and operatiue authoritie vpon the precedent sentence and abrogating the first iudgement O strange glosse to saie that when Pope Julius restored saint ATHANASIVS Patriarke of Alexandria Paule Bishop of Constantinople Marcellus Primate of Ancyra in Galatia Asclepas Bishop of Palestina or that when Pope LEO restored Theodoret Bishop of Cyre then liuing and Flauianus Patriarke of Constantinople after his death he did noe other thing then to declare that his opinion was that they ought to be restored Or to saie that when Pope Felix opposed Acacius ãâã of Constantinople or that when Pope Agapet deposed ãâã Patriarke of Constantinople he did ãâã other thing then to declare that his opinion was that he ought to be deposed And wherefore then to recapitulate what hath soe often bene alleadged when saint CYPRIAN solicites Pope ãâã to depose Marcian Bishop of Arles did he write to him Let there he letters from thee directed into the prouince and to the people ãâã at Arles by which Marcian being interdicted an other may be substituted in his steede And wherefore then when Theodoret speakes of the cause of saint ATHANASIVS Patriarke of Alexandria doth hee saie Iulius according to the Ecclesiasticall lawe commaunded the Eusebians to appeare at Rome and gaue a daie to the diuine Athanasius to appeare in iudgement And wherefore then when Sozomene speaketh of the restitution of the same saint ATHANASIVS Patriarke of Alexandria of Paule Bishop of Constantinople of Marcellus Primate of Ancyra in Galatia of Asclepas Bishop of Gaza in Palestina and of Lucius Bishop of Andrinople in Thrace doth he write Iulius Bishop of Rome restored each of them to his Church because to him for the dignitie of his Sea the care of all things appertained And for what doth he add that he commaunded those that had deposed them to appeare at a sett daie at Rome to yeild an accompt of their iudgement and threatned them not to let them scape vnpunished if they would not leaue to inouate And againe that in the pursuite of this restitution Athanasius Patriarke of Alexandria and Paul Bishop of Constantinople receuored their Seas And besides that the Courcell of Sardica answered that they could not abstaine from the Communion of ATHANASIVS Patriarke of Alexandria and Paul Bishop of Constantinople because Iulius Bishop of Rome hauing examined their cause had not condemned them For as for the rebellious and ontragious letters that the Bishops of the East that is to saie the Bishops of the Patriarkship of Antioch and their complices who were Arrians writ against this restitution it hath bene alreadie aboue spoken of and shall againe be treated of heereafter It sufficeth that the complaint which they made that the Pope had iniured their Councell and abrogated their sentence sheweth that the Popes action had not bene a simple aduise but a formall iudgement And wherefore then when the great Councell of Sardica for soe saint ATHANASIVS calleth it holden for the defence of the same saint ATHANASIVS and of the other Bishops that the Pope had restored would conuert the discipline of appeales into a written lawe did they ordaine that when a Bishop should be deposed by the Councell of his Nation and should appeale from it to the Pope they should not establishe a Successor in the place of the Bishop deposed till the Pope had iudged of the appeale If a Bishop saith the Canon hath bene deposed by the iudgement of the Bishops of the neighbour prouinces and pretends that he ãâã to be heard againe let ãâã other be suhstituted in his Sea till the Bishop of
Rome examining the affaire haue pronounced the definition And wherefore then when ãâã and Vrsacius the two principall aduersaries to saint ATHANASIVS would depart from their pursuite did they come to Rome to aske pardon of the Pope for the slaunders they had laied vpon saint ATHANASIVS They came in person said Sulpitius Seuerus to aske pardon of Julius Bishop of Rome And themselues in the acte of their pennance your Pietie in your naturall goodnesse hath daigned to pardon our error And wherefore then when the same Vrsacius and Valens had obtained the Popes pardon did they add this protestation at the end of their acte And besides this we promise that if vpon this occasion either those of the East or Athanasius himselfe will maliciouslie appeale vs in iudgement we will not depart from what you shall ordaine And the legates of the Asian Bishops to Pope Liberius in like manner If ante one after this profession of faith expounded by vs will attempt anie accusation against vs or against those that haue sent vs let him come with letters from your Holinesse before such orthodoxall Bishops as your Holynesse shall thinke fitt and contest with vs in iudgement And if a crime appeare let the author be punisht And wherefore when the Arrians constrained Pope Liberius to condemne saint ATHANASIVS did they insert these words into the false letter that they made him signe I haue ãâã the tradition of the Elders sent in my behalfe Lucius Paul and Aelianus priests of the Roman Church into Alexandria to Athanasius to cause him to come to Rome to the end I might appoint he being present vpon his person what the discipline of the Church exacts And for what cause doth S. BASILE testifie that when Pope Liberius had restored Eustathius Bishop of Sebaste in Armenia who had bene deposed by the Councell of Militina in Armenia an orthodox and Catholicke councell the councell of Tyana in Cappadocia receiued him without inquiring of the condition by meanes whereof he had bene restored The things saith hee which were propounded to him by the blessed Liberius and those whereto he submitted himselfe we know not sauing that he brought a letter which restored him which hauing bene shewed to the Councell of Iyana he was reestablished in his Bishopricke And wherefore then when S. IOHN CHRYSOSTOME had recourse by letters to Pope Innocent to procure the sentence to be abrogated that the mocke councell of Constantinople had pronounced against him did he write to him One thing I require of your vigilant soule which is that although those that haue troubled the world be sicke of an impenitent and incurable disease yet if they will remedie it they maie neither be punisht nor interdicted And wherefore then when the councell of Ephesus had excommunicated and deposed Iohn Patriarke of Antioch and his adherents did it reserue the definitiue iudgement to the Pope to correct or confirme the action and besought the Pope to conceiue a iust indignation against him that soe he might punish him for his rashnesse Wee haue saie the Fathers of the councell reserued him to the iudgement of thy pietie and the while we haue declared them excommunicate and depriued of all Saurdot all power And a while after May it then please thy Holynesse to conceiue a iust indignation against these things for if it be lawfull for euerie one to doe outrage to the greatest Seas so spake they because of the Sea of Alexandria which preceded that of Antioch and to pronounce sentences vnlawfull and not canonicall or rather contumelies against those ouer whom they haue noe power c. Ecclesiasticall affaires will fall into an excessiue confusion but if those that committ such enterprises may be punished according to their desert all ãâã will cease And wherefore then when the Emperor Valentinian the third would suppresse by one of his lawes Hilarie Bishop of Arles who had presumed to consecrate Bishops of the Gaules without the Popes licence doth he saie That the Popes clemencie alone permitted Hilarie still to beare the title of a Bishop And againe Wee ordaine that whatsoeuer the Sea Apostolicke shall decree shall be a lawe that is to saie shall be executed by the ministers of the Imperiall iustice and that euerie Bishop who being called to Rome by the Pope shall refuse to appeare shall be constrained by the Gouernor of the prouince And wherefore then when Flauianus Archbishop of Constantinople had bene condemned by the false Councell of Ephesus did the same Valentinian the third write to the Emperor Theodosius his Father in lawe We ought in our daies to preserue to the blessed Apostle Peter the dignitie of the Reuerence proper to him inuiolate that the blessed Bishop of the cittie of Rome to whom antiquitie hath yeilded the Priesthood ouer all may haue waie to iudge of Bishops and of faith For for this reason Flauianus Bishop of Constantinople followiug the custome of Councells hath appealed to him by petition in the contention moued concerning faith And wherefore then when Theodoret had bene condemned in the same Councell of Ephesus did he write to the Pope I attend the sentence of your Apostolicke Throne and doe beseeche your Holynesse to succour me appealing to your right and iust iudgement and to commaund that I maie he transported to you and verifie that my doctrine sollowes the Apostolicall pathes And for what cause when the Pope had restored him did the Senators that assisted at the Councell of Chalcedon saie Let the most Reuerend Bishop Theodoret come in because the most holy Archbishop Leo hath restored him to his Bishops Sea And the Councell euen the same Theodoret is worthie of his Sea Long liue Archbishop Leo Leo hath iudged the iudgment of God And wherefore then when Pope Leo would sett his hand to the restitution of the Bishops that had inclined to the false Councell of Ephesus did he write to Anatolius Archbishop of Constantinople But as for those that haue more ãâã sinned in this cause if perchance they come to repentance and abandoning the defence of themselues being conuerted to condemne their owne error and that their satisfaction maie be such as it seemeth they ought not to be reiected let the matter be reserued to the more mature determination of the Sea Apostolicke And for what cause when Paschasianus the Popes Legate voted vpon the same subject did he pronounce in the presence of the Councell of Chalcedon that the Pope had pardoned all the Bishops and Archbishops of the East which had suffered themselues to be ãâã borne by the violence of Dioscorus The Sea Apostolicke saith hee hath graunted them pardon for what they haue against their ãâã committed for asmuch as they haue hither to remained adhering to the most holy Archbishop Leo and to the most holie and vniuersall Councell And wherefore then when Dioscorus and the false Councell of Ephesus had restored Eutyches
done well in cutting of from the bodie of vnitie soe manie and soe great Churches of God And in truth how could S. IRENEVS haue reprehended the Pope for wante of power he that cries To the Roman Church because of a more powerfull principalitie that is to saie as aboue appeareth because of a principalitie more powerfull then the temporall or as we haue expounded otherwhere because of a more powerfull Originall it is necessarie that euerie Church should agree And therefore alsoe S. IRENEVS alleadgeth not to Pope Victor the example of him and of the other Bishops of the Gaules assembled in a councell holden expresselie for this effect who had not excommunicated the Asians nor the example of Narcissus Bishop of Ierusalem and of the Bishops of Palestina assembled in an other Councell holden expressely for the same effect who had not excommunicated them nor the example of Palmas and of the other Bishops of Pontus assembled in the same manner and for the same cause in the Region of Pontus who had not excommunicoted them but onely alleadges to him the example of the Popes his predecessors The Prelates saith hee who haue presided before Soter in the Church where thou presidest Anisius Pius Hyginus Telesphorus and Sixtus haue not obserued this custome c. and neuerthelesse none of those that obserued it haue bene excommunicated And yet ô admirable prouidence of God the successe of the after ages shewed that euen in the vse of his power the Popes proceeding was iust For after the death of Victor the Councells of Nicea of Constantinople and of Ephesus excommunicated againe those that held the same custome with the prouinces that the Pope had excommunicated and placed them in the Catalogue of heretickes vnder the titles of heretickes Quarto decumans But to this instance Caluins Sect doe annexe two new obseruations the first that the Pope hauing threatned the Bishops of Asia to excoÌmunicate them Polycrates the Bishop of Ephesus and Metropolitan of Asia despised the Popes threates as it appeares by the answere of the same Polycrates to Pope Uictor which is inserted in the writings of Eusehius and of S. IEROM which S IEROM seemeth to approue when he saith hee reportes it to shewe the spirit and authoritie of the man And the second that when the Pope pronounced anciently his excommunications he did noe other thing but separate himselfe from the communion of those that he excommunicated and did not thereby separate them from the vniuersall communion of the Church To the first then we saie that soe farr is this epistle of Polycrates from abating and diminishing the Popes authority that contrary wise it greatly magnifies and exaltes it For although Polycrates blinded with the loue of the custome of his nation which he beleeued to be grounded vpon the word of God who had assigned the of the Month of March for the obseruation of the Pasche and vpon the example of saint IOHNS tradition maintaines it obstinately Neuertheles this that he answeres speaking in his owne name and in the name of the Councell of the Bishops of Asia to whom he presided I feare not those that threaten vs for my elders haue said it is better to obaie God then man Doth it not shew that had it not bene that he belieued the Popes threate was against the expresse word of God there had bene cause to feare it and he had bene obliged to obaie him for who knowes not that this answere it is better to obaie God then men is not to be made but to those whom we were obliged to obaie if their commaundements were not contrarie to the commaundments of God And that he adds that hee had called the Bishops of Asia to a Nationall Councell being summoned to it by the Pope doth it not insinuate that the other Councells where of Eusebius speakes that were holden about this matter through all the prouinces of the Earth and particularly that of Palestina which if you beleiue the act that Beda said came to his handes Theophilus Archbishop of Cesarea had called by the auctoritie of Victor were holden at the instance of the Pope and consequently that the Pope was the first mouer of the vniuersall Church And that the Councells of Nicea of Constantinople of Ephesus embraced the censure of Victor and excommunicated those that obserued the custome of Polycrates doth it not proue that it was not the Pope but Polycrates that was deceiued in beleiuing that the Popes commaundement was against Gods commaundement And that saint IEROM himselfe celebrates the Paschall homelyes of Theophilus Patriarke of Alexandria which followed the order of Nicea concerning the Pasche Doth it not iustifie that when saint IEROM saith that he reportes the Epistle of Policrates to shew the spirit and authoritie of the man he intends by authoritie not authoritie of right but of fact that is to saie the credit that Polycrates had amongst the Asians and other Quartodecumans To the second obseruation which is that when the Pope excommucated other Bishops Archbishops or Patriarkes he seperated himselfe from their communion but did not thereby seperate them from the communion of the Church Wee will doe noe other thing then examine examples that they alleadged for proofe of their hypothesis And yet we will not examine them all for we haue alreadie confuted the most part of them in the Chapters preceding as that of saint HILARY against Liberius and others the like We will onely treat of those that they propound to vs a newe which consist in three principall heades The first is that the fifth CouÌcell of Carthage ordained that euery Bishop that should fall into the cases mentioned by the tenth and thirteenth canons of the same Councell should content himselfe with the communion of his one Church alone from whence they conclude that euerie excommunication did not import priuation of Sacraments The second that Nicephorus writes that Pope Vigilius hauing excommunicated Menas Patriarke of Constantinople for fower moneths Menas yeilded him the same measure And the third that Sigesbert speaking of the proceeding of Pope Innocent in the cause of saint CHRISOSTOME saith that Pope Innocent and the Bishops of the West suspended themselues from the communion of those of the East To the first then of these examples which is That the fifth Councell of Carthage odaines thà t euerie Bishop that should fall into the case of Canons aboue mentioned should content himself with the communion of his owne Church onelie Wee answere two things The one that the censure whereof the Canons of this Councell speake was not an excommunication but a restitution of communion by which those that did fall into the cases whereof there is question might administer the ãâã in their owne Diocesses and to their owne People but not out of their diocesses And the other that the Pope himselfe often vsed ãâã restriction as it appeares by the Epistle of
after the death of Siluerius after which the Clergie of Rome for the benefit of peace had accepted him had bene persecuted and vnworthily vsed at Constantinople by the Emperor with whom he was constrained to spend his life in exile because the Gothes vnder the conduct of their new King Totilas had againe taken Rome whereto would this turne but to the glorie of Uigilius and to the shame of the Emperor For saith not Nicephorus that the Emperor repented it and doe not the same actes shew that he sent the principall ministers of his Empire to Uigilius to praie him to returne And that Uigilius during this persecution remained so constant that he would neuer giue anie waie to the Emperors violences but deposed in Constantinople it self Theodorus Archbishop of Cesarea the principall Gouernor of the Emperor and excommunicated Menas Patriarke of Constantinople and all that adhered to him Did it not throughlie shew the confidence he had in the dignitie of his Sea Wee decree thee saith hee ô Theodorus late Bishop of Cesarea by the publication of this sentence depriued aswell of Sacerdot all honor and of the Catholicke communion as of all Episcopall power and function and wee ordaine that thou shalt heereafter applie thy-self to nothing but to the teares of pennance by which hauing obtained remission of thy crimes thou maist recouer if thou deseruest it the place of ãâã and of communion with me or after my death with my successor And thou Menas Bishop of the cittie of Constantinople which art inwrapt with the same crime with all the Bishops Metropolitans and Micropolitans c wee suspend you from the sacred communion till eache of you acknowledging the error os his preuarication haue blotted out before vs his proper fault with a competent satisfaction And this that he cries out numbring Theodorus his crimes Thou art come in despising the authoritie of the Sea Apostolicke which had pronounced interdiction by vs into the Church where there hung the Emperors Edicte ãâã there hast celebrated the solemnity of Masse And this that he adds Wee haue charged the Ministers of the most clement Emperor to signifie to him from vs that he ought not to communicate with those which haue by vs bene excommunicated least he thereby runne which God forbid into a grieuous sinne Doth it not shew that the Pope in excommunicating the other Bishops Archbishops and Patriarks did not onelie pretend to separate himselfe from their communion but to separate them and cutt them of from the communion of the Church And as for the persecution of the Empresse which happened long before and for an other cause to witt forasmuch as Vigilius after his predecessor Siluerius was dead and that he was become true Pope would not keepe the promise that he had made and secretlie accomplisht to her during his Antipapacy to admitt Anthymus and the other Eutychians into his communion What greater glorie could Uigilius receiue then that whereof S. GREGORIE speakes when he writes Pope Uigilius constituted in the Royall cittie that is to saie at Constantinople publisht a sentence of condemnation against Theodora then Empresse and against the Acephales And what more visible punishment could the Empresse receiue then that whereof Victor Tunonensis writes The ninth yeare after the Consulship of Basilius the Empresse Theodora enemie to the Councell of Chalcedon strucken her whole bodie ouer with the wound of an vniuersall canker that is to saie with leprosie prodigiouslie ended her life For whereas the same Uictor who was a Schismaticke and tooke part with Rusticus the Deacon and other Roman Clerkes reuolted against Pope Vigilius and against the fifth generall Councell writeth that the Bishops of Africa that is to saie the schismaticall Bishops of Africa for the Catholicke Bishops of Africa tooke the other part excommunicated Vigilius there hath alreadie bene two things spoken of concerning this the one that they held not Uigilius for true Pope but for an intrusiue Pope because he had vsurped the Papacie his predecessor Siluerius being yet aliue as it appeares by this that the same Victor placeth a little after amongst the nullities of the fifth generall Councell the vice of the creation of Uigilius who had said he ãâã ordained Bishop of Rome Siluerius being still aliue And the other that Pope Siluerius had alreadie long before excommunicated Uigilius for hauing intruded himselfe into the Papacie in these termes Doe thou then receiue and those that consent whith thee the sentence of paine of condemnation and know that being condemned by vs by the iudgement of the holy Ghost and by the Apostolicke authoritie that the name and office of Sacerdotall ministery is taken from thee And againe ãâã Siluerius Pope of the cittie of Rome giuing consent to all the statutes I haue signed this decree of Anathema against the vsurper Uigilius By meanes whereof the act of the Schismaticall Bishops of Asrica against Uigilius was rather a renouation and an application of the excommunication of Pope Silutrius then a primitiue and originall excommunication To the third example which is that Sigebert writes that Pope Innocent the first and the Bishops of the West suspended themselues from the communion of those of the East for the quarrell of Saint CHRYSOSTOME from whence the Protestants inferr that when the Pope excommunicated the other Bishops Archbishops or Patriarks he separated himselfe from their communion and did not separate them from the communion of the Church Wee haue three answeres the first that it is a ridiculous thing to alleadge for the testimonie of the historie of Pope Innocent and of S. CHRYSOSTOME Sigebert who writt seauen hundred yeares after them and who was an open enemie to the Sea Apostolicke and partaker with the Emperor Henry the fourth against Pope Gregorie the seauenth and his successors The second that Pope Innocent the first did not suspend himselfe from the communion of those of the East but suspended those of the East from the Ecclesiasticall communion the which although they still continued in fact with some of their Diocesans according to the custome of Schismatickes this hindred them not from being suspended by right and that they should send to demaund restitution of the Pope as it appeares by these words of the same Innocent in the epistle to Boniface Knowe saith he speaking of those of Antioch that we haue receiued them into our bowells least the members which had a long while required health should be excluded from the vnitie of the bodie And in the epistle to Maximianus What we haue done in the behalf of those of Antioch we will doe it in the behalfe of others if they will accomplish the same treaties and conditions and send as those did to beseeche by a solemne legation that the communion might be restored to them And in the Epistle to Alexander Patriarke of Antioch I haue diligentlie inquired whether the cause of the blessed
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 ãâã ãâã ãâã ãâã ãâã 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 ãâã ãâã ãâã ãâã ãâã 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 coÌmunion 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 ãâã ãâã ãâã ãâã ãâã 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 excoÌmunicate 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 froÌ the Pope if the Popes excoÌmunication had bene but a simple declaration that he departed from their coÌmunion 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 ãâã ãâã ãâã ãâã ãâã 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
and in cutting it of doth not onely cutt it of from the communion of the head onely but from the communion of the whole bodie or that the stocke and roote in cutting of some branche cuts not of it selfe from that but cutts that of from it selfe and in cutting it of cutts it not of onely from the communion of the roote but from that of the whole tree And therefore we alsoe see that in all the breaches of communion which haue bene betweene the Roman Church and the other Churches there hath happened fower things The first that when other Churches haue separated themselues from the Roman all the Catholicke Churches haue alwaies remained vnited with the Roman and haue separated themselues from those which haue forsaken her The second that when it hath bene the Roman Church which hath excoÌmunicated others all the Catholicke Churches haue forsaken them or if they not thought the cause of the excommunication grieuous haue had recourse to the Roman Church with remonstrances and intercessions to beseeche her to suspend and reuoke her censure as it appeares both by the words of S. IRENEVS to Pope Victor vpon the excommunication of the Asians he exhorted him not to cutt of all the Churches of God ãâã held the tradition of this ancient custome And by those of Dionisius Bishop of Alexandria to Pope Steuen vpon the condemnation of the Bishops of Cappadocia I haue said hee written beseeching him for all these things or occording to the other translation beseeching him for them all And by these of Socrates vpon the Popes censure against Flauianus Patriarke of Antioch Theophilus Patriarke of Alexandria hauing sent the Priest Isidorus appeased Damasus you must reade Anastasius his indignation and represented to him that it was profitable for the concord of the people to forgett the fault of Flauianus and soe the communion hauing bene restored to Flauianus the factions of the people of Antioch were soone after revnited And by these of the Councell of Carthage vpon Pope Innocents sentence against Theophilus Patriark of Alexandria for S. CHRYSOSTOMES cause It had bene agreed vpon that concerning the dissention of the Roman and Alexandrian Churches Pope Innocent should be written to that both Churches may obserue the peace that our Lord hath commaunded For why should it be ordained that Pope Innocent should be written to and not Theophilus Patriarke of Alexandria but because it was the Pope that kept the key of the Ecclesiasticall communion and that it was the Roman Church to whom it belonged to receaue the Alexandrian Church into her communion and not to the Alexandrian Church to receiue the Roman into her communion And in briefe that it belonged to the Roman Church to prescribe to the Alexandrian the lawes of the revnion and not to the Alexandrian to ãâã them to the Roman as Theodoret witnesseth that it happened a while after in these words Iohn being dead those of the West would neuer admitt the communion nether of the Egiptians nor of those of the East nor of the ` Bishops of Bosphorus and Thrace till they had inscribed the name of this admirable personage into the rolle of the Bishops his predecessors And the third that when the separation hath continued those that were excluded from the communion of the Roman haue alwaies bene cast out from the communion of the other Catholicke Churches and reputed for heretickes or schismatickes as it-appeares euen in the busines of the Asians excommunicated by Victor whose Sectaries were afterward constrained to abiure their heresie in these termes I anathematize all heresie and particularlie that of the Quartodecumans And the fowrth that when the deuided partes were to be revnited the other Churches haue alwaies sent to take and demaund their restitution into the commnnion of the Roman Church and that the Roman Church neuer sent to take or demaund that of other Churches Those of the West saith Theodoret speaking of Flauianus Patriarke of Antioch promised to laie by all bitternesse and to ãâã the Embassadors that Flauianus should send Which the diuine Flauianus hauing heard he sent a legation of famous Bishops and Priests and Deacons of Antioch to Rome And Socrates The communion hauing bene restored to Flauianus the parts of the Church of Antioch were soone after reunited And Pope Innocent the first writing to Alexander Patriarke of Antioch vpon S. IOHN CHRYSOSTOMES cause I haue diligentlie in quired whether the case of the blessed Bishop Iohn had bene satisfied in all pointes and hauing found by those of your ãâã that all things had bene accomplished according to our desire I haue by the grace of God admitted the communion of your Church And ãâã treating of the same matter Iohn being dead those of the West would neuer admitt the communion neither of the Egiptians nor of those of the East nor of the Bishops of Bosphorus and Thrace that is to saie of the diuision of Constantinople till they had inscribed the name of that admirable personage into the rolle of the Bishops his predecessors and scarcely esteemed Arsacius who had succeeded him ãâã to ãâã saluted and as for Atticus successor to Arsacius after manie legations and ãâã for peace they finallie receaued him but when he had first added the name of Iohn to the other Bishops And Pope Leo in his Epistle to Anatolius Patriark of Constantinople concerning the Bishops of the false councell of Ephesus Wee will said hee that by our Legats the care of the affaire being communicated to thee it be ordained that those that with full satisfaction shall condemne their euill actions and rather chose to accuse then to defend themselues shall enioy the vnitie of our peace and coÌmunion And else where But as for those that haue more grieuously sinned if they after such satisfactioÌ as it shall seeme it ought not to be refused c. let the things be reserued to the more mature determination of the Sea Apostolicke And Pope Hormisdas tyme-felowe with the Emperor Iustin in his Epistle to Epiphanius Patriarke of Constantinople You must said hee put on my person and of those that shall ãâã with you in communion and by you to the Sea Apostolick informe vs by your letters therein ãâã therein the tenor of the libells which they shall haue preseÌted And againe Which we thought wought to impose vpon you laying our charge vpon your diligence because you haue giuen noe small proofe of your resistance to hereticks And Victor of Tunes reporting the same historie The Emperor Iustin reunited those of the East c. with ãâã satisfaction for those of the West And the Emperor Iustinian nephew and Successor to Iustin in the Epistle to Pope Iohn surnamed ãâã Wee haue hastned to submitt and vnit to your Holynesse Sea all the ãâã of the East Countries And certainelie if the Pope had holden noe other ranke in the ecclesiasticall communion then the other Patriarkes
Archbishops or Bishops for what cause was it that when the Pope excommunicated anie other Patriarkes as when he excommunicated Flauianus ãâã and Peter Patriarkes of Antioch or as when he excommunicated Nestorius Accacius Anthimus Archbishops of Constantinople or as wheÌ he excoÌmunicated Theophilus Peter and other Patriarkes of Alexandria hee did for all this incurr noe censure from the Bishops or Catholicke Councells but was reputed to doe what he might doe Whereas when anie other Patriarke yea vnder the pretence of a generall Councell did ãâã the Pope he was punished and deposed for this presumption as for an enormious and extraordinary Sacrilege For what had not Dioscorus Patriarke of Alexandria done in his false Councell of Ephesus he had embraced the heresie of Eutyches he had condemned the Catholicke doctrine he had excommunicated Flauianus Archbishop of Constantinople who maintained it and had not only excommunicated him but alsoe slaine him And neuertelesse ô eminent dignitie of the ãâã Apostolicke these Sacrileges were not the principall causes of his deposition but that he and his pretended Councell had dared to excommunicate the Pope Dioscorus saith Anatolius Archbishop of Constantinople bath not hene deposed for the faith but because he excommunicated my Lord the Archbishop Leo and that hauing bene cited thrice before the Councell he appeared not And the Fathers of the Councell of Chalcedon in their relation to the Pope After all these things said they he hath extended his frensie euen against him to whom the guard of the Vine hath bene committed by our Sauiour that is to saie against thy Holynesses and hath me ditated an excommunication against him who laboreth to vnite the bodie of the Church But why should wee haue recourse to particular examples since the common voice of antiquitie teacheth vs that in all the tumults and in all the confusions of the Schismes and heresies which haue perturbed the Christian Religion the Roman Church hath alwaies bene as the center the principle and originall of the ecclesiasticall communion and as the Ensigne colonell of the armie of Iesus Christ vpon whom all the other Catholick ãâã haue cast their eyes and to whom they haue gathered ãâã separating themselues from the communion of those that communicated not with her and embracing the communion of those who communicated with her For what meane these wordes of saint IRENEVS With the Roman Church because of a more powerfull principalitie it is necessarie that euerie Church should complie And these of saint CYPRIAN The Roman Church is the Chaire of Peter and the principall Church from whence the Sacerdot all vnitie hath proceeded And these of saint AMBROSE Hee asked whether the Bishop of that place consented with the Catholick Bishops that is to saie with the Roman Church And these of Theodoret The Emperor Gratian commaunded that the Churches should he deliuered to those that held communion with Damasus which was added hee executed throughout the world but that the Roman Church was the center the beginning and the roote of ecclesiasticall communion and that whosoeuer was admitted to her communion was likewise admitted to the communion of the whole Bodie of the Catholicke Church and that those who were excluded out of her communion were excluded out of the communion of the whole Bodie of the Catholicke Church And what meane these wordes of saint HIEROM I am ioyned in communion with thy Blessednes that is to saie with the Sea of Peter I know the Church is founded vpon that Rock c. whosoeuer eateth the lambe out of this howse he is prophane And a little after I know not Vitalis I am iguorant of Paulinus I reiect Meletius whosoeuer gathers not with the scatters And againe In the meane time I crie If anie one be ioyned to Peters Chaire he is mine And these of Optatus Mileuitanus At Rome there hath bene setled to Peter the Episcopall Chaire in which there was sett the first of all the Apostles Peter c. to the end that in this onlie Chaire the vnitie of all might be preserued And a litle after In the person of Cyricius all the world coÌmunicates with vs by the commerce of formed letters And againe From whence is it that you pretend to vsurpe to your selues the keyes of the Kingdome you that combate against Peters Chaire by your presumptions and bold Sacriledges But that the Roman Church was the center the principle and the roote of Ecclesiasticall communion and that those that were admitted into her communion were admitted into the communion of the whole Catholicke Church and that those that were excluded from her communion were excluded from the communion of the whole Bodie of the Catholicke Church And what meane these words of saint AVSTIN In the Roman Church hath alwaies flourisht the principalitie of the Apostolick Sea And those of Eulalius Bishop of Syracusa to saint FVLGENTIV Se to turne him from goeing to the Monasteries of Egipt The Countries whither thou desirest to trauell a perfidious dissention hath separated them from the communion of the blessed Peter all those Religious persons whose admirable abstinence is celebrated should not haue the Sacraments of the Altar common with theeâ And these of Victor of Tunes speaking of the rebellion of Vitalian against the Emperor Anastasius the hereticke Hee would neuer promise peace to the Emperor till first he had restored the defendors of the Councell of Chalcedon who had bene banisht into their owne Seas and till he had vnited all the Churches of the East to the Roman But that the Roman Church was the center principle and the roote of the Ecclesiasticall communion and that those who were admitted to her communion were admitted to the communion of the whole Catholicke Church that those who were excluded from the communion of the whole Bodie of the Catholicke Church And what doe these wordes of John Patriarke of Constantinople intend We promise not to recite amidst the sacred misteries the names of those who are seperated from the communion of the Catholick Church that is to saie who doe not fullie consent with the Sea Apostolicke And those of the Emperor IVSTINIAN Wee preserue in all things the vnitie of the most holie Churches with the most holie Pope of old Rome And these of Menas Patriarke of Constantinople Wee follow the Sea Apostolick and obeie it and communicate with those that communicate therewith and condemne those that it condemneth And these of the Bishops returning from the Schisme to the Church in the time of saint GREGORIE the Great I promise I will neuer returne to the Schisme from whence by the mercie of our Redeemer I haue bene deliuered but that I will remaine alwaies in the vnitie of the Catholick Church and in the communion of the Bishop of Rome but that the Roman Church was the center the principle and the Roote of the ecclesiasticall communion and that those
that were admitted into her communion were admitted into the Communion of the whole Catholicke Church and that those that were seperated from her communion were seperated from the communion of the whole Bodie of the Catholick Church Of the oppositions of saint Cyprian CHAPT III. THE second instance of Caluin is taken from saint CYPRIAN and consistes in seauen heades produced by him or by his disciples The first that saint CYPRIAN calls Pope Steuen Brother The second that he complaines because Basilides a Bishop of Spaine hauing bene deposed by a Synod of his Prouince for hauing bowed vnder persecution and an other hauing bene ordained in his place Pope Steuen restored him The third that he saith there were but a small number of lost and desperate persons who beleeued that the authoritie of the Bishops of Africa was lesser The fowrth that he saith that the ecclesiasticall causes ought to be determined where they were bredd The fift that hee affirmes that the Episcopall power is one thing whereof euerie one holdes his portion vndiuidedly The sixth that hee cries none of vs constitutes himselfe Bishopp of Bishopps And the seauenth finallie that he vseth rude wordes against Pope Steuen and accuses him of ignorance and of presumption To the first then of these heades which is that saint CYPRIAN calls Pope Cornelius brother Wee answere he calls him Brother not to denie to him the superintendencie of the Ecclesiasticall gouernement but for two other causes The one to insinuate that the Popes superintendencie ouer other Bishops was not a Lordly Monarchie as that of temporall princes ouer their subiects but a gentle and brotherly Monarchie as that of an elder brother ouer his younger Bretheren which is the title that our Lord himselfe would beare when he made himselfe be called the first borne amongst manie bretheren and which is the memoriall of humilitie that God had giuen to the Kings of his people when he had pronounced Thou shalt take a king from amongst thy bretheren And againe that the kings heart may not be exalted aboue his bretheren From whence it is that the Scripture to represent this brotherly Monarchie as well in the Sacerdotall as in the politicke order saith in the first booke of Esdras And Iosua sonne of Iosedeck ãâã vp and the priests his bretheren and built vp the Altar of God And the other to signifie the vnitie of the communion that Tertullian calls the nomination of brotherhood and to shew that he spake not of the Antipope Nouatianus to whom the Schismatickes adhered but of the true Pope Cornelius and of Steuen his successor with whom the Catholicke Bishops communicated as Erasmus hath acknowledged vpon the same place of saint CYPRIAN in these termes The word BROTHER doth not there signifie equalitie but societie of Religion For that it was a familiar thing for ancient authors to vse the word Brother not to exclude the superioritie ãâã but to expresse the vnitie of communion it appeares by a thousand testimonies It appeares first by the testimonie of saint AMBROSE who calls the Bishop of Rome his holy Brother and neuerthelesse ' in the same place aduertiseth Theophilus Patriarke of Alexandria who was a committee from the Councell of Capua to iudge the cause of Flauianus Patriarke of Antioch to procure his iudgement to be confirmed by the Pope Wee conceaue said hee that you ought to reserr the affaire to our holy brother Bishop of the Roman Church for wee presume you will iudge soe as can not displease him And a little after that Wee hauing receaued the tenor of your acts when wee shall see that you haue iudged things soe as the Roman Church shall vndoubtedlie approue we will receiue with ioy the fruite of your examination It appeares secondly by the testimonie of the Catholicke Bishops of Africa who answered the Donatists in the conference of Carthage that Cecilianus Archbishop of Carthage had bene their brother Hee was saith saint AVSTIN our brother because of the communion of the Sacraments And neuertheles the Archbishop of Carthage was head and Superintendent of all the Bishops of Africa It appeares thirdly by the testimonie of saint AVGVSTINE who calls Aurelius Archbishop of Carthage his brother and neuerthesse saint AVGVSTINE was the spirituall subiect to Aurtlius and had bene made Bishop of Hippo by meanes of the dispensation that Aurelius had giuen to Ualerius to take him for coadiutor and himselfe acknowledged that he was obliged to execute his commaundemeÌts I haue said hee obeied thy commaundements my holie brother ãâã It appeares fowrthlie by the testimonie of Epigonius one of the Bishops of the third Councell of Carthage who calls the same Aurelius his brother and neuerthelesse acknowledgeth in the same place that Aurelius had superintendencie ouer all Africa It appeares in the fifth place by the testimonie of John Patriarke of Constantinople who writing to Pope Hormisdas intituleth him his Brother and neuertheles protests wee doe in all things followe the Sea Apostolicke and preach all that hath bene thereby decided And promise in the tyme to come not to recite amidst the sacred misteries the names of those that are seperated from the communion of the Catholicke Church that is to saie addeth hee that doe not altogether agree with the Sea Apostolicke And finallie it appeares by the testimonie of the Emperor Justinian who ãâã to Pope John surnamed Mercurius Wee demaund that your Fatherlie ãâã may declare to vs your intention by your letters directed to vs and to the most holie Bishop and Patriarke of this famous cittie your brother And neuertheles in the same Epistle and in the Epistle to the Patriarke of Constantinople he affirmeth that the Pope is the head of all the holie Prelates of God And the same may be said of the words Colleague or Fellow-Minister that the ancient Catholique Bishops sometimes attribute to the Pope not to weaken the Superioritie of the Gouernment but to designe the societie of the Ministrie and to shew that the faithfull and wise seruant that the Master hath substituted ouer the companie of his seruants to giue them their nourishment in due season is not Lord but fellowe Seruant to his fellowe Seruants For that the Fathers doe so vnderstand it it appeares by manie Examples It appeares first by the Epistle of the Synod of Alexandria where the Bishops of Egipt call saint ATHANASIVS Patriarke of Alexandria their Colleague who neuerthelesse was their head and had iurisdiction ouer all the Bishops of Egipt and Libia as it appeares both from the sixth Canon of the Councell which giues perfect authoritie to the Bishop of Alexandria ouer all the Bishops of Egipt Libia and Pentapolis And from the Remonstrance that the Metropolitans of Egipt made to the Councell of Chalcedon that they could enterprise nothing without the authoritie of the Bishop of Alexandria It appeareth secondlie by the Epistle of Proclus Archbishop
of Constantinople who intreateth Domnus Patriarke of Antioch that he would beare with the infirmities of Athanasius Bishop of Perhes his fellowe Minister and to graunt him for his iudges other Bishops then his Metropolitan who was suspected by him It appeares thirdly by the sentence of the Bishops of the Councell of Ephesus who called Pope Celestin their most holy Father and fellowe Minister and nenerthelesse made themselues the executioners of his Decrees Constrained Necessarilie said they by the force of the Canons and by the letters of our most holie father and fellow-minister Celestin wee are come not without teares to pronounce this heauie sentence against Nestorius And finallie it appeares by the writings of Optatus Bishop of Mileuis in Africa who calls the Pope Siricius companion of Societie with the Catholicke Bishops and neuertheles acknowledgeth him in the same place for the heire of saint PETERS Chaire and for center and principle of Ecclesiasticall vnitie To the second head which is that saint CYPRIAN complaines that Basilides a Bishops of Spaine hauing bene deposed by the Councell of the Prouince for hauing yeilded vnder the persecution and an other hauing bene ordained in his place Pope Steuen had restored him Wee answere that this complaint insteede of wounding the Popes authoritie wholie confirmes it For saint CYPRIAN complaines not of the enterprize made by the Pope but of the surprize made vpon the Pope by Basilides who had misinformed him concerning that affaire Behold his ãâã That Basilides said hee after the discouerie of his crimes and the ignominie of his conscience made naked by his owne confession trauailing to Rome hath deceiued our brother Steuen remote by a farr distance of place and ignorant of the historie in fact and the truth of the matter which hath bene concealed from him to procure that he might be vniustly restored to his Bishopricke from which he had bene iustlie deposed cannot annull an ordination lawfully made c. Neither is he so worthie of blame who hath by negligence suffred himselfe to be misinformed as he is worthie of execration that hath fraudulently imposed it vpon him Now who sees not that this manner of speeche is not to reproue the interprize made by the Pope but the surprize made vpon the Pope And indeede how could saint CYPRIAN reproue the enterprize made by the Pope he that writes to him ãâã there be letters directed from thee into the prouince and to the people that inhabite Arles whereby Marcian being deposed an other may be substituted in his place To the third head that is that saint CYPRIAN writes Since it hath ãâã or dained to vs all or by vs all and that it is iust and equitable that euerie cause should be heard where the crime hath bene committed and that to euerie pastor there should be assigned a part of the flocke which he may rule and gouerne besore he come to yield an accompt of his actions to God those that we rule must not runne heere and there and cause the well vnited concord of the Bishops to knocke one against an other by a fraudulent and deceiptfull rashnes but pleade their cause where there may be accusers and wittnesses of their crimes Wee answere that he speakes heere of minor and particular causes whereof it was afterward ordained in the Councell of Carthage That particular causes should be determined within their prouinces that is to saie causes os manners and which concerned nothing but the liues of Clerkes and of inferior Clerkes onely that is to saie of Priests deacons subdeacons and other ecclesiasticall persons constituted to the lesser orders as it appeares both by these wordes Those whom we rule and by the qualitie of Fortunatus person of whom the question was who was a priest of the Church of Carthage who had bene excommunicated for his crimes by saint CYPRIAN and had made a Schisme against him at Carthage And not of Maior causes as those of faith or of the Sacraments or of the generall customes of the Church or of the depositions of the persons of Bishops the definition of which causes might be reserued for the iudgements beyond the Seas For that there was euer this difference in Africa betweene the inferior Clerkes that is to saie Priests deacons subdeacons and other ecclesiasticall persons constituted to the lesser orders and the superior Clerkes that is saie Bishops that the causes of the inferior Clerkes of Africa ought to be determined in Africa and not passe beyond the Seas but that the causes of the superior Clerkes that is to saie of Bishops might be transferred to the iudgement beyond the Seas wee learne it from saint AVGVSTINE who cries out that Cecilianus one of saint CYPRIANS Successors in the Archbishoprike of Carthage and within fortie yeares of S. CYPRIANS tyme who had bene condemned in Africa by a Councell of seuentie Bishops might reserue his cause beyond the Seas for as much as he was of the order of Bishops and not of that of Priests deacons and other inferior Clerkes There was noe question then saith saint AVGVSTINE of Priests or Deacons or other Clerkes of the inferior order but of the Colleagues that is to saie of Bishops who might reserue their cause intire to the iudgement of the other Colleagues and principallie of the Churches Apostolicke For whereas saint AVGVSTINE vseth the word Churches Apostolicke in the plurall number wee answere that in the Chapter following and shew that it is not to exclude the eminencie of the Roman Church ouer the rest ãâã of contrarywise he said but three lynes before In the Roman Church hath alwaies flourisht the principalitie Apostolicke But to preuent the malice of the Donatists who refused the iudgement that Pope Melchiades had giuen of the cause of Cecilianus for as much as they said that Melchiades had sacrificed to Idolls and consequenrlie could not iudge of the cause of Cecilianus who was accused of a crime of the like nature or equiualent to it It sufficeth at this tyme to inferr from the wordes of saint AVGVSTINE that there was this difference betweene the superior and inferior Clerkes of Africa that the causes of the superior Clerkes might be iudged beyond the Seas and not those of the inferior Clerkes And therefore where saint CYPRIAN saith that euery cause should be iudged where the crime had bene committed he spake of the causes of inferior Clerkes that is to saie of Priests Deacons subdeacons and other Ecclesiasticall persons constituted to the lesser order and not of the causes of superior Clerkes that is to saie of Bishops To the fowrth head which is that saint CYPRIAN complaines That the authoritie of the Bishops of Africa seemed lesse to some lost and desperate persons who had alreadie the yeare before bene iudged by them Wee answere two things the one that the word lesser hath noe reference heere to the Roman Church and is not a Comparatiue of relatiue signification but
causes of Bishops could not be determined till first the decision had bene made at Rome And ãâã ãâã That the Sacerdot all lawe required that those things which were constituted without the Bishop of Romes sentence should be annulled Neuerthelesse for as much as Caluin obiectes that if this cause had belonged to the Popes Ordinary iurisdictioÌ he ought not to haue iudged it by the Emperors commission it is necessarie to cleere it To this obiection then before wee ãâã the matter to the bottom wee will answere in forme of a prologue fiue thinges first that it was not a commission except in regard of the three Assessors of the Gaules that the Emperor named to content the importunitie of the Donatists to the end that they might serue for ãâã warrants of the sinceritie of the proceedings of the Councell of Rome but a remittmeÌt as it appeares both by the Emperors confessioÌ who avowed that it beloÌged not to him to examin this cause by the electioÌ that the Pope made of fifteene other Bishops that he tooke for his assistaÌts besides those that the Emperor had nominated And therefore although S. AVG. in regard of the Donatists inteÌtioÌ sometimes calls this remittmeÌta delegation neuerthelesse hee sheweth sufficientlie that it was rather a relegation then a delegation when he notes that the reason wherefore the Emperor did it was for as much as he durst not iudge the cause of a Bishop Your Superiors said he to the Donatists first brought the cause of Cecilianus to the Emperor Constantine And a little after But because ãâã durst not iudge the cause of a Bishop hee delegated the examination and ãâã thereof to Bishops I add that hee vsed this language by Synecdoche and referringe the word delegation to the Iudges of the Gaules onelie that were deputed to assist at the Councell of Rome and not to all the Councell of Rome as hee witnesseth elsewhere by these wordes The Emperor gaue to the Donatists the Iudges that themselues had demaunded that is to ãâã the Iudges of the Gaules And againe Donatus was heard at Rome by the Iudges that himself had demaunded For of the ninteene Bishops of the Councell of Rome there were but three of the qualitie of those that Donatus had demaunded Donatus had demaunded but three but saint AUSTIN extendes this clause by Synecdoche to all the CouÌcell for as much as the three Iudges demaunded by Donatus had iudged in Common with all the Councell and were found soe conformable to the rest as the iudgement of the Councell which passed all with one voice and without anie diuersitie of opinions and theirs was one selfe same thing The second answere is that Constantine did not interpose his authoritie in this affaire as Maister by himself of the cause but as an Arbiter sought by the Donatists and assuringe himself as a Catholicke that he should be avowed by the Catholicks This Matter saith saint AVGVSTIN belonged greatly to the Emperors care whereof he ought to giue an accompt to God for the Donatists had made him arbiter and iudge of the cause of the tradition and of the Schisme From whence it appeares that the Emperors interposition in this cause was a matter of fact and not of right and whose example cannot be alleadged for a paterne of the ancient discipline of the Church The third that it was not a controuersie questioned amongst the Catholicks and according to the ordinarie lawes of the Church but a Sute commenced by the heretickes against the Catholicks and by waies extraordinarie to all the lawes and formes of the Church For the Donatists had alreadie broken the bond of vnitie and shaken off the yoake of the Churches authoritie They were saith saint AVGVSTIN alreadie culpable of the Schisme and alreadie stained with the horrible crime of the ãâã of Altar against Altar By meanes whereof there being noe iudge common betweene them and the Catholicks in the Church there remained nothing for them to doe but to haue recourse to the Arbitrements of the secular powers whose examples could noe more be drawne into consequence against the ordininarie authoritie of the Christian Church then the iudgment that Ptolomeus Philometor king of Egipt gaue betweene the Iewes and the Samaritans could forme a president against the ordinarie authoritie of the high priest and of the Sacerdotall colledge of the Iewish Church The fowrth that the cause questioned in this processe was not a cause of right and that should be proued by ecclesiasticall meanes such as the testimonies of Scripture or the traditions of the Apostles or the Custome of the Church or the sentences of the Fathers but a question of fact and whereof the hypothesis was mingled with accessories that belonged not to the causes of the Church and could not be examined by ecclesiasticall meanes onelie but must be iustified by human and secular meanes as the confronting of witnesses the acts of Notaries yea Pagan and heathen ones the Recordes of Clerkes and euen the applications of questions and corporall tortures For the accusation of the Donatists was principallie grounded vpon the framing of a false letter that they had forged against Felix Bishop of Aptunge for the examination whereof there must be a secular and proconsulary iudgement interposed betweene the ecclesiasticall iudgements that is to saie betweene the Councell of Rome and that of Arles to conuince the forgers of the falshood by the application of rackes and tortures Wee haue vndertaken saith saint AVSTIN the defence of the cause of Cecilianus although it belong not to the cause of the Churche that we may make their calumnies appeare euen in that And againe speaking of the torture which was offered to the scriuener Ingentius or Uigentius to make him confesse whether he had falsified the letter of the Aedile Alfius Cecilianus to Felix Bishop of Aptunge The Proconsull said hee amongst the fearefull cries of the vshers and the bloudy hands of the hangmen would not haue condemned a Colleague of his being absent And the fifth that all the actes that the Donatists extorted from the Emperor in this ãâã hee protested them to be soe manie irregularities and nullities and so manie vnlawfull enterprises vniust and extraordinarie wherein he suffered himself to be constrained against his will to giue waie to the passion and malice of the Donatists and in yeilding to them to assaie to reduce them to the peace and vnitie of the Church and he was soe ãâã from desiring to haue the example thereof serue for a lawe to the Bishops as contrarywise he promised to aske the Bishops pardon the historie is this The Donatists hauing accused Cecilianus Archbishop of Carthage of treason or communication with traytors that is to saie with those that had deliuered the holie Bookes and the sacred Vessells to be put into the fier in the persecution tyme yea euen to haue bene ordained by a traytor soe did they intitle Felix
iudgement should be obligatorie to the secular Tribunall and executory by the officers of the Empire and vnder the imposition of paines and temporall punishments but hee could not giue them Iudges in right whose Iudgements should bee obligatorie in conscience and to the Tribunall of the Church and should make those that contradicted culpable of spirituall censures and punishments And secondly the Donatists hauing specified in their request that they demaunded Iudges of the Gaules and that of purpose to exclude particularlie the iudges of Italie the Emperor harkening to their request and giuing them Iudges of the Gaules how had he sent them to Rome to iudge the cause with the Pope and vnder his Presidencie and direction who was hee against whom if wee giue creditt to the Donatists in the conference of Carthage their petition was principallie presented if hee had not acknowledged that the Pope was naturall and ineuitable Iudge of the cause Is there any likelyhood that the Emperor beeing resident amongst the Gaules and the Iudges whom he nominated for the Donatists being risident there that hee would haue sent them from about his person where they were to the Popes person from whom they were seperated by so large a distance of Sea and land to serue him for assistants if hee had belieued that it was himselfe and not the Pope that was the Naturall Iudge of the affaire To what purpose should he haue made the Donatists take so much paines who came to him out of Africa into Gallia and the three Iudges that hee graunted them who were also in Gallia to trauaile from thence to Rome if hee had not acknowledged that which wee read latelie in saint ATHANASIVS That the causes of the Bishops could not be determined till de decision had bene made at Rome And in Sozomene That those things that were constituted without the sentence of the Bishop of Rome were nullities And in saint AVGVSTINE vpon the same place that in the Roman Church had alwaies flourisht the principallitie of the Sea Apostolicke But let vs kintt vp our historie To these three Bishops nominated by the Emperor the Pope yet added fifteene more whose names Optatus reportes Merocles Bishop of Milan Florian Bishop of Cesena Zoticus Bishop of Quintian Stemnius Bishop of Arimini Felix Bishop of Florence Gaudensius Bishop of Pisa Constantius Bishop of Faensa Proterius Bishop of Capua Theophilus Bishop of Beneuentum Sauinus Bishop of Terracina Secundus Bishop of Preneste Felix Bishop of the three lodges Maximus Bishop of Hostia Euander Bishop of Ursin and Donatian Bishop of Foro-Clodi Now if the Pope had not bene iudge of this case but by deputation and that the Emperors addresse to him had bene but a simple commission and not a remittment how could he haue taken fifteene others Bishops for his assistants besides those that had bene nominated by the Emperor and Bishops of Italie also which was the prouince that the Donatists had principallie pretended to refufe by their petition And why did not the Donatists reproach to him that hee had exceeded the boundes of his commission For as for Caluins saying that the Emperor nominated Iudges out of Gallia Spaine and Italie it is an ignorance disproued by Optatus who affirmes that the Councell of Rome was compounded but of ninteen Bishops in all towitt of the Pope three Bishops of Gaules and fifteen Bishops of Italie and that there were noe Bishops of Spaine and teacheth vs that the Emperor nominated but onely three Bishops of the Gaules Iudges saith Optatus were giuen Maternus of Cologna Rheticius of Autun and Marinus of Arles And indeede how could the Donatists haue desired Iudges out of Spaine where the persecution had bene soe cruell Wherefore although S. AVGVSTINE extendes as farr as he can the Emperors commission to the iudges of the Councell of Rome of purpose to make that Councell not capable of refusall by the Donatists who hauing taken the Emperor for their arbiter it seemed they could not decline a iudgement wherein his authority had interuened yet he extends it noe farther then to saie that the Emperor sent Bishops to Rome to iudge the cause with Melchiades and neuer goes so farr as to say that he gaue commission to Melchiades or gaue him for a iudge Contrarywise speaking of the iudges giuen by the Emperor he restraines them as hath bene ãâã aboue noted to the Bishops of the Gaules onelie Iudges saith hee were giuen to the Donatists those that they had demaunded that is to saie the Bishops of the Gaules Insinuating thereby that the Pope was none of the iudges that were giuen and that the Emperors delegation extended it selfe noe farther then onely to the iudges of the Gaules which he had deputed to the end they might bee witnesses and colleagues of the Popes iudgement and did not comprehended the Pope From whence it appeares that when he said that the Emperor delegated the examination of Cecilianus his cause to the Bishops or that the Councell of Rome absolued Cecilianus by the Emperors commaundement he speakes by Synecdoche that is to saie by extending the part to the whole for as much as the Bishops delegated by the Emperor and enabled by the Emperors commission which was valid in respect of the Donatists that had sought it made a part of the Councell of Rome where Cecilianus his cause was examined a part so conformable to the opinion of the whole as the iudgement of the Emperors Commissioners and that of the whole Councell was one selfe same thing Otherwise we must conclude by the same reason that Donatus had demaunded for iudges all those that assisted at the Councell of Rome that is to saie both the Pope and the fifteene iudges of Italie for S. AVGVSTIN saith in the like wordes that Donatus was heard at Rome by the iudges that he had demaunded And yet it is certaine that Donatus had demaunded none but the three iudges of the Gaules yea with the exclusion of the others But S. AVSTIN saith that he had bene heard by the iudges that he had demaunded for as much as amongst the iudges that heard him were those that he had demaunded who being conformable in their opinions with the rest it was as much as if he had demaunded them all Let vs finishe our historie The Pope assisted by these eighteen Bishops three nominated by the Emperor and fifteen chosen by him iudged the cause of Cecilianus and iudged it soe soundlie as saint AVSTIN takes occasion from thence to call him the FATHER of the Christian People How innocent saith saint AVSTIN was the last sentence pronounced by the blessed Melchiades how intire how prudent how peaceable And a while after O blessed man ô Sonn of Christian peace and Father of Christian people From this iudgement of the Popes notwithstanding the Donatists appealed to the Emperor and that was the second irregularitie and so great and enormious an irregularitie that
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 ãâã 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 ãâã 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 ãâã Bishop of Thesalonica his Vicar in Macedonia and other prouinces ãâã 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
and not of the causes of the church And secondly from the argument that hath bene sett before one of the places of the Greeke translation of this canon neere thousand yeares agoe which saith in their proper causes to distinguish them from Ecclesiasticall causes for the first councell of Constantinople that the Greekes held for the Palladium of their discipline And the third Councell of Carthage oppose proper causes to ecclesiasticall causes not that proper and temporall causes of ecclesiasticall persons were not sometimes called ecclesiasticall causes but because when the word ecclesiasticall cause was speciallie taken it was restrained onely to ecclesiasticall matter And thirdlie wee collect it from the practise and proceedinges of the same Mileuitan Councell For after that Pelagius whose cause was a maior cause and belonging to the Faith had bene iudged in the East by the Bishops of Palestina and that Celestius his disciple had bene heard and excommunicated for the same cause in Africa by the African Bishops the Mileuitan Councell remitted the finall iudgement thereof to the Pope in these words Because God by the guift of his principall grace hath placed thee in the Sea Apostolicke and in our daies giuen thee for such as wee ought rather to feare that it should be imputed to vs for a crime of negligence if wee chould conceale from they Reuerence those things that ought to be represented for the good of the Church then to apprehend that they would seeme troublesome or contemptible to thee Wee beseech the to applie thy pastorall diligence to the great perills of the sick members of Christ And a little after Iusinuating these things into they Apostolicall breast wee neede not extend our-selues in language and to amplifie so great an impietie with words being assured that they will so moue thee as thou canst not delaie their correction least they should spread farther And againe But we hope with the helpe of the mercie of our Lord Iesus Christ who vouchsafe to gouerne thee consulting with him and to heare thee praying to him that those that holde these doctrins so peruerse and pernicious will more easilie yeeld to the authoritie of thy Holynesse drawne out of the authoritie of the holie scriptures in such sort as we may haue more cause to reioyce in their correction then to afflict ourselues in their ruine A meruailous encounter of the effects of Gods prouidence which willed that the same Mileuitan Councell which the Lutherans and Caluinists abuse to ouerthrowe the Popes authoritie not onely puts it in practise but also witnesseth that it is of diuine right and grounded vpon the authoritie of the holie scriptures For to thinke to shift off this Epithete drawne from the authoritie of the holie scriptures by saying that the Councell speakes not of the cathedrall and Iudiciary authoritie of the Pope but of the authoritie of the passages of the scripture alleadged by the Pope against Pelagius it is a childish and ridiculous shifte aswell because the Pope had not then alleadged anie thing against the Pelagians as because it had bene a singular impertinencie that the Pelagians would rather yeild to the Popes authoritie then to that of the other Bishops doctors and Catholicke Councells and amongst the rest of saint IEROM saint AVGVSTINE and of the two Councells of Africa whereof bookes are full saith saint PROSPER Of Channells that wee bring From the eternall Spring Because the Popes authoritie was drawne from the authoritie of the holy scriptures If by the Popes authoritie they had intended the passages alleadged by the Pope and not the authoritie of the Popes chaire Iointly that the fiue Bishops of Africa who accompained the relation of the Mileuitan Councell with their letters did sufficientlie explicateÌ of what authoritie the Mileuitan Councell intended to speake when they writt to the Pope If the abettors of ãâã knew that the booke which they belieue or knowe to be his hath bene anathematized and condemned by the authoritie of the Catholicke Bishops and principallie by that of thy Holynesse which wee doubt not but it is of greater weight in his behalfe wee will imagine that they will noe more dare to disturbe the soules of the faithfull which are simplie Christian. And fowerthlie wee collect it from the words of the same saint INNOCENT the first to whom the Mileuitan Councell addresse their relation who not onely in the Epistle alreadie cited to Victricius saith That the ancient custome bare that the maior causes after the Episcopall iudgement were referred to the Sea Apostolicke but also in the verie answere of the Mileuitan Councell witnesseth that causes of Faith were wont to haue recourse to the Sea Apostolicke As manie tymes said hee as there is question of anie matter of faith I make accounte that all my bretheren and fellowe Bishops cannot chuse but referr it to Peter that is to saie to the ãâã of their name and dignitie Which wordes are not to be argued of ambition since saint AVSTIN commendes them as iust and lawfull in these wordes Vpon this the relations of the two Councells of Carthage and Mileuis were sent to the Sea Apostolicke And a little after Wee writt also to Pope Innocent of blessed memorie familiar letters wherein wee treated the affaire somewhat more amplie To all these things he answered vs in the same manner as was conuenient and fitt that the Prelate of the Sea Apostolicke should answere vs. And finallie we drawe it from the issue of Celestius his cause which was that Pope Innocent hauing bene preuented by death before he could bring it to effect Pope Zosimus his Successor and that euen at the instance of the Councells of Africa who sent to Rome the verball processe of that that past betweene them and Celestius finisht it And after he had heard Celestius in person and deliberated whether hee would absolue him or not absolue him from the excommunication that the Bishops of Africa had pronounced against him he finallie confirmed the sentence of the Councells of Africa and declared him condemned and excommunicated through the whole earth Celestius saith saint AVGVSTINE speaking of the answeres that Celestius made to the Interrogatories of Pope Zosimus would not condemne the things that had bene obiected to him by the Deacon Paulinus in the Councell of Carthage but he durst not resist the letters of the blessed Pope Innocent but promist to comdemne all what that Sea would comdemne And therefore hauing bene gentlie fomented like a franticke person to the end to giue him a little rest it was not yet thought fitt that he ought to be absolued from the bondes of excommunication but for the space of two moneths attending an answere from Africa leasure for repentance was giuen him vnder a certaine medecinall sweetenes of iudgement And againe Of this newe heresie Pelagius and Celestius hauing bene the authors or the most famous and violent promoters they themselues by the meanes
their owne prouinces For whereas the Greekes in their rapsody of the African Councells which they call the Councells of Carthage ãâã add at the end of a place where the canon is reported out of his place these words as it hath bene often ordained of Bishops a clause that if it were true shewes plainely that the bodie of the CanoÌ speakes not of Bishops it is a false addition made by the Greekes and followed in the forme of diuers reading by some latine copists Our waies to disproue this are seauen The first is that neither in the originall texts of the ãâã Councell nor in Gratians citations nor in the copies that are transcribed in forme by the centuriators of Germanie nor in the Councell of Carthage holden vnder the twelfth Consulship of Honorius where the canons of the Mileuitan Councell were re ported nor in all the hundred and fiue chapters of the latine rapsodie of the Councells of Africa this cause is not to be found The second that in the very rapsodie of the Greekes in the place where the Councell of Carthage relatiue to that of Mileuis is inserted there is noe mention made of this clause The third that neuer before the Mileuitan Councell there had bene anie speech of interdicting the appeales beyond the Sea to the Bishops contrarywise saint AVSTIN testifies that the ancient discipline of Africa bare that Bishops had right to appeale beyond Sea by meanes whereof the Mileuitan Councell could not add to their decree as it hath often ãâã ordained of Bishops The fowrth that they had neuer begun to make this Defence for Bishops before it had bene done for Priests deacons and the inferior clerkes who were much lesse priuiledged then the Bishops The fift that these wordes As it hath bene often ordained of Bishops can not be compatible with the text of the Canon which wills that the appeales whereof it speakes should haue recourse to the Primates of prouinces For the causes of Bishops went not by appeale but in in the first instance to the Primates of the Prouinces If anie Bishop be accused saith the Councell of Hippo and after that the third CouÌcell of Carthage lett the accuser bringe the cause to the Primate of the prouince And it is not to be replied that the Canon importes to the African Councells or to the Primates of their Prouinces for besides that by the African Councells he inteÌds the prouinciall Councells of Africa as it appeares by this alternatiue or to the Primates of their prouinces which was put there because the Primates iudged with the Councells of their Prouinces The Greekes to finde a place for their addition without multiplying the wordes of the article haue taken awaie ãâã his place the clause of the African Councells and left that onelie of the Primates of Prouinces as being one same thing Yet will it lesse auaile to obiect that in two most incorrect manuscripts there is or to the Generall Councell that is to saie to the Generall Councell of Africa For besides that all the greeke and latine impression disproue this different reading euen the addition of the other clause can not sufferr it For as much as these words as it hath often bene ordained of Bishops shew that the precedent period spake not of Bishops but of inferior Clerkes whose causes went not to the generall Councells of Africa And because euen those that alleadge the canon with the first addition and amongst others Hincmarus and the Conuenticle of Rheims the one vnder Charles the Bald the other vnder Hugh Capet are ignorant of the second as not contayned in the copies of their tyme And the rapsodists of the Greekes euen the same And it serues for nothing to saie that in the Epistle to Pope Celestine there is found a like clause For neither doth that epistle speake seperately of the inferior clerkes as doth the first period of this Canon but speakes iointlie of the inferior Clerkes and of the Bishops and it is to bee vnderstood respectiuely of the one and of the other neither was it done as it shall appeare heereafter before the controuersies of the Bishops appeales as was the Mileuitan Councell but after The sixth way of disproofe is that Pope Innocent the first commended the Mileuitan Councell for hauing carryed themselues worthilie for the honor of the Sea Apostolicke You prouided said hee diligentlie and worthily for the Apostolic all honor And againe You shall enioy the glorie of hauing obserued the Canons Which he had neuer done if in the prohibition of appeales beyond Sea the Mileuitan Councell had comprehended the causes of Bishops And the seauenth finallie that Cresconius an African author and ancient of a thousand yeares in the Epitomie that he compiled of the Canons registers the title of this Canon in the same termes of the originall latin of the Mileuitan Councell and of the Councell os Carthage holden vnder the twefth consulship of Honorius where the Mileuitan was inserted that is to say restraines it to onely priests and deacons in these words For priests said he And deacons lett not them appeale but to the Councells of Africa I add that if this addition should be true it would not belonge to the Mileuitan Councell which toucheth not one word of Bishops appeales but to the sixth Councell of Carthage where the busines of the Bishops appeales was questioned For the place of the Greeke rapsody that containes it is noe relatiue eitheir to the Mileuitan CouÌcell nor to the Councell of Carthage ãâã vnder the twelfth Consulship of Honorius where the Mileuitan was reported but to the sixth Councell of Carthage and the copie of some latine collections whither it hath bene transferred beare the title of the sixth Councell of Carthage And finallie I saie it is soe farr from being true as the very place where it is found is forged For neither the sixth Councell of Carthage made anie Canon concerning Bishops appeales but ordained that the resolution of the affaire should be put off till the Greeke copies of the Councell of Nicea which arriued long after had bene brought out of the East and that when they should come there should be a new Councell called to deliberate of it and the while that the Bishops appeales should continue neither was the collection of thirtie three Canons annexed by the Greekes before the rapsodie of the Councells of Africa and published in some latine copies vnder the name of the sixth CouÌcell of Carthage made in the sixth Councell of Carthage but is a mingle maÌgle of diuers African Canons peeced together by some impertinent compiler and publisht as shall ãâã appeare vnder the name of the sixth CouÌcell of Carthage But for as much as the clereing of these two last pointes depends vpon the order and distinction of the Councells of Africa that the ignorance of the Copyer
office which were composed to impugne certaine Religious persons slothfull and long heared that saint AVSTIN combats in the worke of the trauaile of Religious persons who held it for an oprobry that Religious men should labour with their handes or shaue their heades The other reason is that the decrees of this councell are acknowledged and cited not onely by all the canonists that haue written since six hundred yeares as Burchard Iuon and Gratian but also by Isidorus Bishop of Hispalis now called Seuill a cittie neighbouring vpon Africa who liued a thousand yeares agone who reported the canon of the ordination of Exorcists in these wordes When the Exorcists are ordained they take as saith the canon from the Bishops hand the little Booke where the exorcismes are written receiuing the power to impose hands vpon the Energumenes whether they be baptized or Catechumens Which are the very words of the seauenth Canon of the fowrth Councell of Carthage And by Hincmarus ancient Archbishop of Rheims who cites the Canon where it is forbidden to the Bishop to iudge the cause of anie without his clergie in these termes Let the Bishop heare noe mans cause without the presence of his Clergie which are the very wordes of the twentie third canon of the fowrth Councell of Carthage The fowrth difference is vpon the order of the fifth Councell of Carthage that the Illustrious cardinall Baronius pretends to haue bene transferred from the degree and that it ought to be placed againe in the third place that is to saie betweene the Councell of Carthage holden vnder the consulship of Cesarius and Atticus that he places in the second ranke and the fowrth The reasons of the Illustrious Cardinall Baronius are the one that the date of this Councell which is not filled vp in the printed editions but onelie beares The sixth of the calends of June after the Consulship without specifying the consulls names is found in some manuscripts filled vp with these wordes Cesarius and Atticus by which meanes this councell must haue bene holden the next yeare after the celebration of the Councell that we call the third of Carthage and he the second which was holden vnder the consulship of Cesarius and Atticus and the other that there is a canon in the fifth Councell of Carthage which ordaines that the Emperor may be besought to roote out the relickes of Idolatry From whence it followes that this Councell hath preceded the commaundement that the Emperors gaue to abolish the remainder of Idolatrie Now this Commaundement was giuen vnder the consulship of Theodosius the yeare of our Lord according to our computation three hundred nintie nine by two edicts the one addressed to Apollodorus vicar of Africa where the Emperors commaund that the pagans Idolls should be taken out of their temples and their sacrifices abolisht And the other addressed to Eutychianus prouost of the Easterne Pretory where they commaunded that the temples of the pagans that were in the fieldes should be demolished without trouble or tumult And consequently saith he the Councell had bene holden the yeare before which was the yeare after the Consulship of Cesarius Atticus To the first then of these reasons we answere that the manuscript which saith after the Consulship of Cesarius and Atticus is not confirmed by the vniuersall consent of the other manuscriptes for there are collections in manuscripts of Mercator as the new publishers of the Councells of Africa haue noted which saie after the Consulship of Flauius Stelicon And to the secoÌd we saie that the CanoÌ that ordaines the request for the abolishmeÌt of the remainders of Idolatrie hath nothing in it common with the Edicts of the Emperors of the yeare three huÌdred nintie nine Forasmuch as the Emperors had onely ordained by one of the Edicts that the Sacrifices should be taken out of the Temples and the Idolls deposited into the handes of the Ministers of the Empire but that the buildings should still be kept intire and by the other that the Temples of the pagans which were in the fieldes should be demolished And the fifth Councell of Carthage demaun des that the remainder of Idolatrie should be abolished not onely in the Idolls but also in the woods and in the trees For the pagans adored not onely the similitudes of the false Gods but also adored certaine ãâã thicketts and certaine ancient Trees that they belieued to be the dwellinges and mansions of the presence of their Gods From whence it is that Quintilian speaking of Ennius said Wee adore Ennius as we doe thicketts that are become sacred through age These trees then and these groues polluted by the worship that the Pagans yielded to theÌ the canon demaunded to be rooted out as well as the Idolls and similitudes From whence may be drawne that it is soe farr from following thence that this canon was before the Emperors Edictes as contrarywise it appeares hereby that it was after them For as for the decree where was required the distruction of the temples built in fieldes which gaue noe ornament to citties which seemes to haue preceded the Edict of the Emperors addressed to the prouost of the East it is not in the fifth Councell of Carthage in cheefe but in the onely Rapsody of the councell of Africa which hath transferred this canon and manie others from the Councell holden after the consulship of Honorius and Eutychianus where the first legation to the Emperors was decreed to the Councell holden after the consulship of Stelicon where the second was decreed By meanes whereof the obseruation of the Illustrious Cardinall Baronius is good to ouerthrow the order of the African Rapsody and to shew that it was made by some grosse and ignorant Rapsodist and not to remoue the chronologie of the fifth Councell of Carthage But we haue said enough of these reasons it is tyme to propound ours The motiue then that incites vs to belieue that the Councell that we call the fifth of Carthage hath bene holden in the tyme wherein we place it that is to saie betweene the fowrth Councell of Carthage and the sixth consists besides the common consent of copies and the vniuersall voice of Canonists in two reasons the one is that S. AVGVSTIN in his Epistle to Quintianus after he hath spoken of the Councell where there were ioyntly publisht the Canon of the canonicall Bookes and that of the prohibition to Bishops to vsurpe one an others Clerkes which was the third Councell of Carthage saith And after in a fresh Councell it hath bene ordained that those who retire from a monastery or are driuen from it shall not be receiued elsewhere to be clerkes or to be superintendents in an other Monastery which are the wordes of the thirteenth CanoÌ of the fifth Councell of Carthage from whence it is gathered that the fifth Councell of Carthage that saint AVGVSTIN calls freshe in regard of the third Councell of
Bishop and if anie man happen in anie thing to contradict his profession or his signature he shall thereby make himself incapable of this Societie And to the end to fitt it to the tyme of the sixth Councell of Carthage either he or the Exemplifiers which haue come after him haue changed the name of Genetlius into that of Aurelius against the credit of the copies of the second Councell of Carthage which say Genetlius and of Fulgentius Ferrandus who citeth these Canons with the title of the Councell holden vnder Genetlius The seaueÌth reason but one that coÌprehendes vnder it a legioÌ of others is that almost all the canoÌs that are inserted into this collection are there inserted with precise notes of Canons coÌposed pronouÌced in the sixth Councell of Carthage neuerthelesse there is scarce one of them where there are not some clauses that cannot agree neither with the tyme nor with the persons nor yet with the discipline of the Fathers of the sixth coucell of Carthage As for example in the third canoÌ it is said when in the Councell past the continence of the clergie was treated of these three degrees were restrained by the consecrations as to one kind of conscription of Chastitie to witt Bishops Priests and deacons Now it hath alreadie bene shewed that these wordes cannot be of the sixth Councell of Carthage as well because they are word by word in the second Councell of Carthage which had bene celebrated thirtie yeare before with this same remitment to the past Councell as because in the Councell of Carthage holden vnder the twelfth consulship of Honorius which had immediately preceded the sixth councell of Carthage there had bene nothing ordained concerning the continence of the clergie And it cannot be said that by this phrase in the councell past they intended to speake of the Councell asseÌbled vnder the consulship of Vincentius Flauitas which had bene celebrated eighteen yeares before the sixth councell of Carthage For besides that this note of tyme in Concilio praeterito determinately taken to saie in the past councell hath reference to the councell last past and indeterminately taken to saie in a councell past it caÌnot haue bene vsed by the sixth councell of Carthage in the tyme whereof the decree of clergie contineÌce had bene published not in one but in manie and seuerall Councells as the twentie fifth canon of the same collection declares when it saith That hath pleased vs which hath also bene confirmed in seuerall Councells that the subdeacons which handle the Sacraments and the Deacons Priests and Bishops according to the former decrees shall abstaine euen from their wiues The word in Concilio praeterito cannot be expounded of the Councell holden vnder the Consulship of Uincentius and Flauitas for as much as the canon of the celibat published vnder the consulship of Uincentius and Flauitas is wholie reported in the same collection more then twentie chapters after In the fifth Canon the text sayth Faustinus Bishop of Potentia of the Prouince of Urbin Legat of the Roman Church saith It pleases that Bishops Priects and Deacons or those that handle the Sacraments keeping chastitie shall abstaine euen from their owne wiues Now this Canon is not a Canon by itselfe but the trayne of a former Canon that is to saie of the second canon of the second Councell of Carthage in the which the compiler of the collection or his exemplifiers in steede of these wordes It was said by all the Bishops it pleaseth all that the Bishops Priests and Deacons or those that handle the Sacraments keeping chastitie shall abstaine euen from their owne wiues hath put to fitt the decree to the tyme of the sixth Councell of Carthage Faustinus Bishop of Potentia of the Prouince of Vrbin Legat of the Roman Church saith It pleases that Bishops Priests deacons or those that shall handle the Sacraments keeping chastitie shall abstaine euen from their owne wiues A thing that can noe waie subsist For besides that if it had bene the Popes legat that had spoken this language he would neuer haue forgotten to mention the decrees of the celibate sent to the Bishops of Africa by Pope Syricius It is euident that this clause is not a Canon a parte but it is the approbation and conclusion of the proposition of the Canon and therefore alsoe in the second CouÌcell of Carthage it is ioyned in one and the same canoÌ with the preceding article And neuerthelesse the author of the collection intitled the sixth Councell of Carthage not onely hath thereof made two canons in chiefe but the better to distinguish and make manifest his impertineÌcie hath intituled theÌ with two differing titles and hath placed before the one of them this inscription Of continence chapter the third And before the other Of the diuers orders that ought to abstaine from their wiues chapter fourth And the Greeke Interpreter the very same In the ninth canon the text of the collection is Augustin Bishop Legat of the prouince of Numidia said Uouchsafe to ordaine that if anie in respest of their crimes be cast out of the Church and that anie Bishop or Priest receiue them into communion he may be held to be inuolued in the like crime as those that shunne the regular iudgement of their Bishop Now these are the wordes of the second Councell of Carthage where after Felix Bishop of Selemsela and Epigonius Bishop of Bulla Regia for it must be read Bullensium regiorum and not Bullensium regionum as it appeares both by the acts of the conference of Carthage which saie Bullensium regiorum and by the Geograficall tables of Ptolomy where there is a cittie of Africa called Bullaria which is a corrupt abridgement of the word Bulla regia had made the proposition of the article Genetlius Bishop of Carthage replied With good cause then doe our Bretheren and fellowe Bishops propound that those that in respect of their crimes are cast out of the Church if auoyding the regular iudgment of their Bishop they be receiued to the communion by anie Bishop or Priest he shall be held to be inuolued in the like crime Onely there is this difference that whereas the second Conncell of Carthage saith Genetlius Bishop saith the compiler or his exemplifers to accommodate the Canon to the time of the sixth Councell of Carthage haue sett Augustin Bishop Legat of the prouince of Numidia saith which is a metamophosis that cannot take place as well because Epigonius was dead as it hath bene aboue shewed a long tyme before the sixth Councell of Carthage as because saint AVGVSTIN would not haue said in the sixth Councell of Carthage Vouchsafe to ordaine of a thing alreadie ordained and in the same termes thirtie yeare before In the fourteenth canon the collection saith Item it hath pleased that from the prouince of Tripolis in regard of the
a thing which can haue noe ground first because the originall Canons of the second Mileuitan Councell and of the Councell holden vnder the twelfth consulship of Honorius from whence this repitition is taken reduce the ãâã to onely priests Deacons and other inferior clerkes make noe mention of Bishops Secondly because the title of the same tweÌtie eight canon which is in the collection of Dionisius Exiguus and in the greeke edition is restrained precisely to these wordes that the priests deacons and ãâã that in their owne cause appeale beyond Sea should not be receiued to the ãâã and thirdly because the Fathers of the sixth Councell of Carthage protested in the acts of the same Councell that they would not meddle with this article till the Copies of the Councell of Nicea should be brought out of the East and after they should come they would assemble a new Synod to aduise vpon it Now these copies came but in the month of Nouember in the Consulship of Monaxius and Plinta that is to saie six monethes after the calling of the sixth Councell of Carthage in which tyme neither the sixth Councell of Carthage was on foote neither was Faustinus Legat to Pope Boniface then in Africa in whose presence this collection is pretended to haue bene made For that which the Illustrious Cardinall Baronius and the doctors of Collen doe suppose that Innocentius and Marcellus bearers of the copies of the Councell of Nicea arriued not in Africke till after the death of Pope Boniface and in the tyme of Pope Celestine and vpon this occasion put backe the edition of the collection of the thirtie three Canons vntill the tyme of Celestine vnder which Fauctinus made a second voyage into Africa is contradicted both by the inscription of the same copies which shewes that they were brought out of Alexandria into Africa by the priest Innocentius and sent from Africa by the same Innocentius and by Marcellus Subdeacon of the Church of Carthage to Boniface Bishop of the Roman Church the sixth of the calends of december and by saint CYRILL that saith to the Africans in the end of his Epistle As for the Pasch we signifie to you according to the request that you haue often made to vs in your letters that we will celebrate it the seauenteenth or according to the correction of some the fourteenth of the calends of may of the future indiction for for what cause should the answere be made to the question that they had made to him of the daie of the next Pasch if his answere were not to be returned before the same Pasch. And by the Epistle of the Africans to Pope Celestine which testifies that they had sent the copies of the Exemplifications from the ãâã to his predecessor Boniface by Innocent priest and Marcellus subdeacon And from this that which saint IEROME writes to saint AVGVSTIN derogates not The holie priest Innocent bearer of this epistle tooke not the yeare last past anie letters from me to your Dignitie as if hee should not haue returned into Africa For so farr is it from appearing by this that Innocent staied in the East till the yeare following as contrariwise it doth the more plainely appeare that he returned the same yeare into Africa but that he made a new voyage into the East the yeare after And then if this collection haue bene framed in a Councell of Carthage where Faustinus was present as the fourth canon of the same collection supposeth It must haue bene while the first staie that Faustinus made in Africa vnder the Popedome of Boniface and not during the second staie that he made there vnder the popedome of Celestine for the twentie fourth canon of the same collection ordaines that the article of the canonicall Bookes should be communicated to Pope Boniface whose Popedome mett with the fiirst staie of Faustinus in Africa and not with the second The eigth reason is that except Aurelius Bishop of Carthage and Ualentine Alypius and saint AVGVSTINE Bishop of Numidia there is not so much as one neither of all the two hundred seauenteen Bishops who were present at the sixth Councell of Carthage nor of the twentie two deputies that staied at Carthage after the separation of the rest of the Councell that is brought in to speake in this collection contrarywise all the other Bishops that are named there as Fortunatus Felix of Selemsela Numidius of Massilia are the Bishops that assisted thirtie yeare before in the second Councell of Carthage and more then this also the names of the Bishops of the sixth Councell of Carthage which are mentioned in this collection haue bene almost all supposed there in the steede of others that haue bene taken awaie to sett them in their places as we haue shewed amongst other examples by that of the fifth canon which is taken from the first Councell of Carthage where in steede of Gratus Bishop of Carthage there is sett into the collection Aurelius and by that of the ninth which is taken from the second Councell of Carthage where in steede of Genetlius Bishop of Carthage there is sett into the collection Augustine Bishop Legat of the prouince of Numidia and by that of the thirteenth which is taken out of the same second Councell of Carthage where in steede of Genetlius there is sett into the collection Aurelius A thing which could not haue bene done by the Fathers of a Councell who would neuer haue changed the names of those that had first propounded the canons to sett them vnder the names of others and that could not be attributed to the ignorance of the copies of the last ages but ought to be imputed either to the originall Rapsodist or to the exemplifiers of the next ages after him For the same mistakes and changes of names which are in the latine edition of this collection are in the collection of Dionisius which was made more then a thousand yeares agoe and in the greeke translation which was made shortlie after And finallie the ninth and last reason is that the conclusion which is read in some copies at the end of the collection intituled the sixth Councell of Carthage and in others at the end of the Rapsody of the Councell of Africa which wee call the African Councell is taken word by word out of the conclusion of the first Councell of Carthage except that in steede of Gratus there is ãâã For behold the latin termes wherein it is reported in the copies of Monsieur the president of Champigny at the end of the collection intituted the sixth Councell of Carthage and in others at the end of the collection intituled the African Councell Aurelius Episcopus dixit Juxta statuta totius Concilij congregati meae mediocritatis sententiam placet facere rerum omnium conclusionem vniuersi tituli designati huius ãâã tractatum ecclesiae gesta suscipiant And
this be obserued of Bishops that those which haue bene depriued of the communion in their prouince might not appeare to be restored rashlie and duely to the communion by your Holynesse And the Greeke text contrarywise makes two diuers clauses of this traine whereof he referrs the first to the Pope and not to the Councell of Nicea and distinguisheth them by the word then which is an aduerbe of illation in these termes For if it appeare that he hath had care to extend his caution euen to clerkes and laymen by how much stronger reason would he haue is to be obserued in regard of Bishops Let not those then that haue bene suspended from the communion in their owne prouince appeare to be hastilie and otherwise then is fitt restored to the coÌmunion by your Holynesse Now that the reading of the Greeke edition be the true one it appeares by the branch following which is Likewise also the impudent flightes of priests and inferior clerkes let your Holynesse as a thing worthie of you reiect them Which supposeth a precedent prayer to the Pope particularly made for the Bishops The fourth patterne shall be taken from the middle of the same petition where the Greeke text contayning the grace of the holy Ghost shall not want to euery prouision the latine exemplifiers of the Greeke word which fignifies there prouision some of them haue made prouidence and other some prouince For that there it must be read prouision and not prouince it appeares by the clause that followes which saith And principally since it is permitted to euery one if he finde himselfe agreeued at the seÌteÌce of the iudges to appeale to the Synod of his prouince The fifth patterne shal be taken froÌ the end of the same Epistle where the Greeke text saith For as for the wretched Apiarius hauing already bene for his infamous crimes cast out of the Church of Christ by our brother Faustinus we are no more in care for as much as by the meanes of the approbation and direction of your Holynesse for the preseruation of brotherly Charitie Africa will suffer him no longer which is the true sence of the Bpistle where the Fathers intend to expresse that the Pope will noe longer permitt that Apiarius to whom by the first iudgement of Faustinus his ãâã of the African Bishops reuiewing the cause with him it had bene granted to remaine in Africa and so exercise there in anie place he could or would the office of priesthood prouided it were not at Sicca hauing bene by the second iudgement condemned and excommunicated yea by the very month of Faustinus his Holinesse legate should remaine in Africa and exercise anie priesthood there which sence also the protestants haue followed as well in the Greeke as in the latine of the last impression of the Councells of Africa which they haue made in Germany And the latine edition contrarywise saith transferring the speech to ãâã For as for our Brother Faustinus Apiarius hauing bene already cast out of the Church for his enormious crimes we are assured sauing the probity and ãâã of your Holynesse that brotherly Charitie will not permitt that he be ãâã longer borne with in Africa Now this translation is both against the Greeke text which referrs the speeche to Apiarius and not to Faustinus and against the expresse intention of the Councell which might well coÌueniently desire the Pope not to permitt anie longer that Apiarius should remaine in Africa but not desire him no more to keepe a Legat in Africa principally according to the opinion of those that will haue it that the Councell of Carthage where Genetlins presided was celebrated vnder the Empire of Valentinian the third who begun to be Emperor but the yeare after the Consulship of Uictor and Castinus vnder the which according to them this letter was written and that Faustinus the Popes Legate assisted at it And against the testimonie of Leo the first who was created Pope eight yeares after the death of Celestine who makes mention of a Bishop called Potentius who was his Legat in Africa For as for the clause wee are no more in care of it which wants in the Greeke printed copies it is in the ancient greeke copies commented by Zonara and by Balsamon And as for the word probity which is read in the latine text it may be it is a deprauation of the Greeke word which signifies ãâã which also the Germans haue retained in the new edition as well Greeke as latine of their Conncells But it is alreadie a longe while since this digression began to exceede the proportion of the other partes of my worke And therefore the feare to abuse the Readers patience obligeth me to conclude and to pray them to excuse me if I haue suffered myselfe to be carried beyond what was my purpose at the beginning of the chapter The importance of the matter shall recompence the defect of the proportion which perchance in these kindes of searches will not be displeasing to spiritts curious of antiquities Of the Question of Appeales treated of in the sixth Councell of Carthage CHAPT X. THE fifth instance of Caluin against the Popes authoritie is taken from the dispute that happened about the matter of Appeales in sixth Councell of Carthage and consists in this that Apiarius priest of the cittie of Sicca in Africa hauing appealed to the Pope from a sentence that the Bishops of Africa had giuen against him And the Bishops of Africa hauing complained of this Appeale the Pope sent them the canons of the appeales made in the Councell of Sardica and directed them to them vnder the title of the canons of the Councell of Nicea for as much as the Councell of Sardica was an appendix of the Councell of Nicea By meanes whereof the African's not finding these Canons in the Copies of the councell of Nicea that they had with them deputed some into the East to see if they could finde them in the copies of the Easterne Churches and not hauing found them there and besides finding themselues much aggreeued as the frequent appeales which those that had badd causes cast in from their Iudgments besought the Pope that he would not more so easily receiue Appeales from the church-men of their prouinces Now this instance hath bene after manie ages the principall engine of the aduersaries against the Popes authoritie as it appeares both by the vse that the Schismatickes of the mock-Councell of ãâã made of it to the end to oppresse the innocence of Arnulphus Bishop of Orleans which the Pope maintained And by the calumnies where with Zonar as and Balsamon Greeke Schismatickes vniustly charge the memorie of Pope Zosimus for hauing alleadged the canons of the Councell of Sardica vnder the title of the canons of the CouÌcell of Nicea And finally by the proceedings of the protestants who in this slander haue followed and surpassed them For not only
the first Protestants haue caused to bee published and republished manie tymes this sixth Councell of Carthage as a Storehowse reputed by them very powerfull to resist the authoritie of the Sea Apostolicke but also haue vomited disgorged with so much impudence the venome of their inuectiues against the Popes vnder the which this matter hath bene treated of as the heauens abhorre it calling Pope Boniface whom S AVGVS calls Reuerend Pope Boniface to whoÌ he dedicated one of his principall Bookes and whom Prosper qualifies Pope of holy memory insteed of Boniface Maleface And Pope Celestine whom the Generall Councell of Ephesus calls new S. Peter in the steede of Celestine Infernall And yet since these two last yeares their Successors dissembling the learned answers of the Illustrious Cardinalls Bellarmine and Barronius haue caused the same Councell to be twice new printed once in France an other time in Germanie as an insoluble piece against the Popes authotity And therefore since the affairedeserues to be treated with much diligence and read with much attention it belongs to me to contribute the one and to the readers to the lend the other To this instance then before I vndertake to search this history to the bottomb I will bring eight obseruations in forme of preseruatiues and antidotes The first obseruation shall be that whatsoeuer the aime and successe of this Councell were nothing could be inferred from it to trouble shake the Popes authoritie in regard of Appeales For in the CouÌcell of Chalcedon which was holden by six hundred thirtie six Bishops thirtie yeares after the sixth Councell of Carthage which was more famous authenticall then the sixth CouÌcell of Carthage as being a generall CouÌcell one of the first four Generall CouÌcells whereas the sixth CouÌcell of Carthage wat but a Nationall CouÌcell the Appeales of causes which coÌcerned either faith or the persons of Bishops coÌtinued to goe to the Pope according to the forme that had bene ordayned by the rule of the CouÌcell of Sardica The Epistle of the Emperor ValentiniaÌ the third annexed to the head of all the copies of the CouÌcell of Chalcedon as well Greeke as latine is a testimonie of this which saith Wee onght to preserue ãâã in our daies the dignitie of particular reuereÌce to the blessed Apoctle Péter ãâã that the holie Bishop of Rome to whoÌ antiquitie hath graÌted the priesthood ãâã all may haue place to iudge of faith and of Bishops c. For for this cause ãâã to the custome of the Councells Flauianus Bishop of Constantinople hath ãâã to him in the coÌtrouersie which is mooued concerning faith The law of the Emperor Marcian annexed to the end of the Acts of the same Councell is a testimonie of this which cryes out The Synod of Chalcedon by the authority of the blessed Bishop of the cittie eternall in glorie Rome examining matters of faith exactly and establishing the foundations of Religion giues to Flauianus the reward of his past life and the palme of a glorious death A testimonie of this is the petition of appeale sent to the Pope by Theodoret Bishop of ãâã a cittie confining vpon Persia and subiect to the Patriark of Antioch which saith I attend sentence of your Apostolicke Throne and beseeche your Holynesse to succour me appealing to your right and iust iudgement A testimonie of this is the ordinance of the directors of the policie of the Councell which was Let the most reuerend Bishop Theodoret come in that he may partake of the Councell because the most holy Archbishop Leo hath restored his Bishopricke to him and that the most sacred and religious Emperor hath ordained that he be present at the Councell And finallie the relation of the same Councell is a testimonie of this which writes to the Pope approuing the iudgement of appeale that he had giuen in the cause of Eutyches Abbot of Constantinople and condemning Dioscorus and the false Councell of Ephesus for presuming to meddle with it He hath restored to Eutyches the dignitie whereof he was depriued by your Holinesse c And after all this He hath ãâã his felony euen against him to whom the keeping of the vine had bene committed by our Sauiour that is to saie against your Apostolicke Holynesse The second obseruation shall be that the controuersie of appeales which was handled in the sixth Councell of Carthage was not of appeales in maior and Ecclesiasticall causes that is to saie in causes of Faith or of the Sacraments or of discipline or of the customes and ceremonies of the Church but of appeales in minor and personall causes that is to saie in the secular and temporall causes of persons constituted in orders as causes of adultery drunkenes battery theft debt and others causes as well morall as pecuniary and as well ciuill as criminall of Ecclesiasticall persons which the decrees of Councells and the lawes of Emperors submitted to the Tribunall of the Church This appeareth both by the qualitie of Apiarius his cause for which this question was moued which was a morall cause and wherein there were ãâã and infamous crimes handled and not an Ecclesiasticall cause And by the remonstrance which the Africans made to Pope ãâã That the beyond-sea iudgments could not be assured for the difficultie of causing witnesses to passe out of Africa into Europe which often because of the weakenes either of age or sexe could not indure sea voyages And by the Epistle of Pope Innocent the first which S. AVGVSTINE calls worthie of the Sea ãâã wherein these words were contained And principally whensoeuer ãâã of faith are handled I conceiue that all our brethren and colleagues ought not ãâã them but to Peter that is to saie to the authour of their name and dignitie And finally by the very proceedings of the Mileuitan Councell and of the Councell of Carthge holden vnder the twelfth consulship of Honorius For not only the Fathers of the Mileuitan Councell where the prohibition was made to inferior Clerkes not to appeale beyond sea ãâã the finall iudgment of Celestius alreadie heard and iudged for a cause of Faith in Africa to Pope Innocent the first with this acknowledgment that the Popes authority was of diuine right or to vse their owne owne termes drawne from the authority of the holy Scriptures but euen Pope Innocent the first being dead before he could heare Celestius in person and hauing only condemned him in generall vpon the reporte of the Councells of Africa the African Bishops reassembled in the Councell of Carthage holden vnder the twelfth consulship of Honorius wherein the question of Apiarius and the controuersie of Episcopall appeales began caused their acts concerning Celestius to be carried to Rome and procured them to be confirmed by Pope Zosimus successor to Innocent The reuerend Bope Zosimus saith S. AVGVSTINE pressed Celestius to condemne those things that the Deacon Paulinus
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 ãâã 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 penaÌce 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 cautioÌ 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 ãâã 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 ãâã 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 ãâã of Innocent and of the other Bishops of the holie Sea of Rome ãâã 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 ãâã 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 CouÌcell of Nicea the absolution of S. ATHANASIVS the seauentie Arrian Bishops which had seperated themselues from theÌ held their hereticall mock-Councell which they falsely and impudently intituled the Councell of Sardica at Philippopolis a cittie neere Sardica where they
condemned the Faith of the CouÌcell of Nicea and the person of S. ATAANASIVS Now it happened that in the addresse of the Epistle of this false Councell of Sardica the Arrians amongst the Bishops of their communion inserted the name of Donatus Bishop of the Donatists of Carthage for as much as this Donatus besides the heresie of the Donatists was also infected with that of the Arrians The Donatists then thinking they might inferr from thence that their communion had in former tymes bene spread out of Africa by this meanes auoid the reproaches that the Catholickes of Africa made to them that their Church was imprisoned within the lymitts of Africa and consequently was not Catholicke aduised themselues to call in and supprese secretly in Africa all the copies of the true Councell of Sardica which had bene brought thither by Gratus Catholick Archbishop of Carthage and to sowe in their steedes the copies of the false Councell of Sardica which had bene addressed to Donatus his competitor and wrought so in it that in the time of saint AVGVSTINE and of the sixth councell of Carthage as it shal be heereafter proued by many places of S. AVGVSTINE there were to be found in Africa none of the copies of the true councell of Sardica but only those of the false councell of Sardica The seauenth Aduertisement shal be that the African Fathers neuer went so farr as to make anie decision or anie decree vpon the Article of the Episcopall Appeales contrarywise before the coÌming of the copies froÌ the East all their proceeding was to beseeche the Pope to cause their contentes to be obserued with protestation the while to practise what was sett downe in his Legates InstructioÌs And after the copies had bene brought out of the East so farr were they from making anie decree vpon the Article of the Bishops Appeales as they hindred not those of Simple priests For after the death of Pope Boniface vnder whom the copies of the East were brought into Africa Apiarius being fallen into new crimes for which he was againe condemned by a Councell of Africa and Pope Celestine vpon a pretence of Appeale hauing againe sent Faustinus his Legate into Africa to cause a newe Councell to be holden there where Apiarius did not only forbeare to hinder it but also to obay the Popes Bill of Appeale assembled a new Councell where in his Legates presence Apiarius his cause was againe put to triall and they did not awake the contention of Appeales but vpon the occasion that was giuen them by the subsequent and vnexpected confession of Apiarius who vanquished by the remorse of his owne conscience voluntarily discouered all the infamous crimes whereof he was accused This confession then hauing renewed in the spirit of the Africans the memory of the greeuances that they receiued by Appeales which in steede of seruing as they ought for a shield for innocence when the raynes were let too loose serued for a Shield for incorrigibilitie and impunitie they tooke occasion from thence to write an Epistle of complaint to the Pope But yet euen then they passed not so farr as to make anie decree of the Episcopall appeales but contained themselues within the simple lymitts of complaints petitions and Remonstrances Which the Bishops of the Councell of Constantinople surnamed Trullian that the Greekes call the sixth generall Councell acknowledged when they said wee receiue the Canons made by the holy Fathers assembled at Sardica and at Carthage words which shewed plainely that they beleeued not the Councell of Sardica to haue bene disabled by the decrees of the Councell of Carthage The eight and last aduertisement shall be that the end issue of the affaire was that after all these contentions searches and proceedings the Pope remained in full and intire possession of the Right of the Episcopall Appeales of Africa and that the Africans were satisfied that what they hadnot found in the Councell of Nicea was contained in the Councell of Sardica whose Canons vpon this occasion they inserted into the Canon law of their prouinces and in summe that all the African Church continued and perseuered in the practise of yielding Episcopall Appeales to the Sea Apostolicke and in the communion and obedience of the Pope as long as Christianitie lasted in Africa This is the history Apiarius priest of Sicca a cittie of the prouince of Numidia in Africa after he had bene condemned deposed and excommunicated by the African Bishops in a cause that he had against Vrbanus Bishop of Sicca coÌplained to Pope Zozimus that he had appealed to him that the Africans would not suffer the cause to passe beyond Sea Pope Zozimus vpon this occasion sent into Africa the rule of the Councell of Sardica vpon the matter of Appeales which consisted in two Articles wherof the one contained that the Bishops after they had bene deposed by the Councells of their Prouinces might appeale to the Pope the other contained that the Priests which had bene deposed by the Councell of their Prouince might haue their cause reuiewed by the Bishops of the next Prouinces which was the point that concerned Apiarius his controuersie For whereas the rule of the Councells of Africa imported that the Priests should be iudged by the Bishop of their Diocesse and by six Bishops of the same Prouince and that in case they would appeale from it they might not appeale but to the Primat and to the Councell of their Prouince to the end that the cause might be determined within the Lymitts of that particular Prouince where it had bene begun The Councell of Sardica ordained that after they had bene iudged by the Primat and the Councell of their Prouince they might appeale to the Primat and to the Councell of one of the next Prouince Which thing being applyed to Africa to witt that it might be lawfull to euery Priest of Africa to appeale from the Primat and from the Councell of his Prouince to the Primat and Councell of one of the next Prouinces Apiarius pretended that it belonged to the dignitie and the Priuiledge of the Sea Apostolicke that it might be in the power of him that was a Numidian Priest to choose amongst the Churches next the Prouince of Numidia the Roman Church although it were out of the continent of Africa before anie of the rest because besides the neighbourhood that Tertullian expresses by these words If thou beest a neighbour to Italie thou hast the Roman Church whose authoritie is neere and at hand to vs she hath the prerogatiue and preheminence of dignitie aboue all the rest Now it happened that the Pope sent into Africa these canons of the Councell of Sardica vnder thé title of the Canons of the Councell of Nicea For the mention of the Councell of Sardica inserted into some Latine copies of the sixth Councell of Carthage is a quotation of the copists which slipt out of the Margent into
Councell of Sardica Nessus Gratus Magesius Coldeus Rogatianus Consortius Raphinus Manninus Cecilianus Erennianus Marianus Ualerius Dinamius Nyronius Iustus Celestine Cypryan Uictor Honor at Marinus Pantagathus Felix Baudeus Liber Capiton Minersall Cosmus ãâã Hesperion Felix Seuerian Optantius Hesper Fidetius Salustus Paschasius And Osius speaking to the Councell of Sardica Manie Bishops make a custome of trauailing to the court and principallie the Africans that as we haue vnderstood by our welbeloued brother and Colleague Gratus receiue not wholsome Councells And Gratus himself citing in the first Councell of Carthage coÌcerning the credit whereof we are all agreed and which is alleadged by ãâã Archdeacon of Carthage one of the Canons of the Councell of Sardica I remeÌber said hee that in the most holie Councell of Sardica it was ãâã that none should vsurpe a man of another diocesse for his Clerke By meanes whereof not only the Councell of Sardica was of more authority then the Councell of Africke as Zonarus himselfe acknowledgeth when he saith speaking of the intituling of the Archbishopps The Councel of Chalcedon agreed rather to the Canon of the Councell of Sardica then to that of the Councell of Africa but also in regard of discipline was more strong and obligatorie in respect of the Africans then the Councell of Nicea Now it happened as we haue alreadie touched aboue that when the Pope sent this Rule to the Africans the Canons of the Councell of Sardica were no more to bee found in the African Prouinces for the ãâã had soe wrought by craft as they had suppressed and banished out of Africa all the true Actes of the Councell of Sardica that had bene brought thither in the time of Gratus and of the first Councell of ãâã and had supposed and slipt into their steede the actes of the Anticouncelle of Sardica that is to saie the acts of the false Councell holden by the Arrians at Philopolis neere Sardica vnder the title of the Councell of Sardica because that in the Epistle of this false Councell the ãâã made mention of Donatus Bishop of the Donatists of Carthage This appeares by conferring the places of S. AVGVSTINE with the rest of ãâã For S. AVGVST testifies that the Actes of the Councell of ãâã which were in his time currant in Africa were the acts of the ãâã Councell which had condeÌned S. ATHANASIVS the Councell of Nicea He offerd me said S. AVGVSTINE speaking of Fortunius the donatist a certaine Booke where he would shew me that the Councell of Sardica had written to the African Bishops of the commnnion of Donatus And a little after Then hauing taken the Booke and considering the statutes of the same Councell I found that Athanasius Bishop of Alexandria c. and lulius Bishop of the Roman Church no lesse Catholicke had bene condemned by this Councell of Sardica whereby I was assured that it had bene a Councell of Arrians And in the third Booke against Cresconius the Donatist who had alleadged the same Councell of Sardica The Councell of Sardica saith hee was a Councell of Arrians as the copies that we haue in our hands doe manifest principallie holden against Athanasius Bishop of Alexandria a Catholike And all antiquitie contrariwise teacheth vs that the true Councell of Sardica had confirmed the Councell of Nicea and iustified S. ATHANASIVS and was a most holy and most Catholicke Councell The holy Synod of Sardica saith S. ATHANASIVS who assisted there in person compounded of aboue thirtie fiue Prouinces receiued vs in our iustifieable proceedings And a little after They declared Athanasius and those that were with him pure and free from all crime and their aduersaries slaunderers and wicked persons And elsewhere In the great Councell of Sardica our aduersaries were deposed as slanderers and more then three hundred Bishops subscribed to our iustification And againe The holie councell assembled at Sardica decreed that therein nothing of faith should be concluded but that they should content them selues with the confession of the councell of Nicea And Gratus Archbishop of Carthage who was also there in person I remember said hee that in the most holy councell of Sardica it was decreed that none should vsurpe a Clerke of an other diocesse And the Epistle of the same Councell of Sardica We haue declared our deare brethren and fellow-ministers Athanasius Marcellus Asclepas and others their adiuncts in the seruice of God innocent and blamelesse And Socrates The Bishops assembled at Sardica condemned before all things the desertion of those of Philopolis and then deposed the accusers of Athanasius and confirmed the decrees of the CouÌcell of Nicea Sozomene They answered that they would not separate themselues from the Communion of Athanasius and Paul and principallie Iulius Bishop of Rome hauing examined their cause and not hauing condemned them and the Councell of Chalcedon The father 's assembled at Sardica combated against the Relicks of Arrius A manifest proofe that the Africans in the tyme of S. AVGVSTINE and of the sixth Councell of Carthage had no other but the Actes of the false Councell of Sardica holden by the Arrians at Philopolis neere Sardica which had condemned S. ATHANASIVS and ouerthrowne the couÌcell of Nicea and not those of the true councell of Sardica wich had iustified S. ATHANASIVS and coÌfirmed the councell of Nicea But let vs returne to our history The Bishops of Africa then finding neither of these Canons in the copies of the councell of Nicea and not being able to finde them in those of the councell of Sardica because they had them not they stretched out vpon the occasion of the question of the priests for which at the beginning the conclusion was moued euen to Bishops and seeing that the title vpon which that was grouÌded which had vntill then bene obserued by custome concerning Bishops Appeales did no more appeare then that of Priestes tooke their tyme and opportunitie to complaine of the progresse of this custome and of the greeuances that the Appeales aswell of the one as of ther other that is to say as well of the Bishops as of the priests brought vpon them not by the fault of the appeales but by the malice of men which is such as the gate cannot be opened for Appeales but there wil happen great euills in the frequent executions of this remedie as the coÌtempt of the first Iudges the delaie and prolonging of iustice the cost and vexation of the parties the incommoditie of the transportation of witnesses of all sexes and all ages nor wholly shut it vp from them least worse may come of it And therefore they writt to Pope Sozimus whom their letters found already dead and after to ãâã his successor an Epistle by which after they had remonstrated to him the troubles that the past examples of appeales had brought vpon them and had represented to him that they had not
of Appeales that had bene sent them vnder the title of the Canons of the Councell of Nicea were not in the copies of the Councell of Nicea that had bene brought out of the East and not knowing that they were in those of the Councell of Sardica which was the Appendix and the seale of the Councell of Nicea they tooke licence to write an Epistle to Pope Celestine to beseeche him no more so easily to receaue the Appeales of the Clergie men of Africa Now some might call in question the credit of this Epistle as well because it is a peece out of the worke and annexed to the continuance of the sixth Councell of Carthage which had bene held three yeare before as a foundling without anie mention of the date or of the actes or of the history of the Councell where it was written as because it was full of clauses and cannot be compatible with the discipline of the Africans for it takes for a first foundation that if the Councell of Nicea excluded Priests from being to be adiudged by Appeale out of their Prouinces the Bishops may by stronger reason be excluded And the foundation of the Africans contrarywise in the question that they had against the Donatists was that Cecilanus after he had bene deposed by the Bishops of Africa might haue reserued the iudgment of his cause to the beyond sea Churches for as much as he was not of the number of Priests or other inferior Clerkes which the CouÌcell of Nicea ãâã Cecilianus assisted could not be ignorant of It takes for a second foundation that ecclesiasticalls condemned might appeale to the Councell of their Prouince yea euen to the generall Councell of all Africa which is manifestly against the history and discipline of the Councells of Africa and principally for the inferior Clerkes as Priests deacons and SubdeacoÌs For the holding of the anniuersary Councells of all Africa had bene suppressed twelue yeares before Celestine in the CouÌcell holden vnder the seauenth Consuslhip of Honorius where it had bene ordained that the vniuersall Councells of Africa should no more be ordinary and anniuersary and should no more be holden but for extraordinary and vniuersall causes And that the causes that were not common should be iudged in their Prouinces And that if there were an appeale the appealant and the partie should choose Iudges from whom it should not be lawfull to appeale And finally it takes for a third foundation that there was no difference of priuiledge betweene Clerkes of the Superior order in the matter of passiue iurisdiction and that the same which had bene ordained concerning the one ought by a stronger reason to haue place concerning the others which is directly contrary to the African discipline which makes so great difference betweene the one and the other as to iudge Priests in the second instance there needed but six Bishops with the Diocesan and to iudge a Bishop in the first instance there must be twelue with the Archbishop of the Prouince But for as much as this Epistle is in the collection of Dionisius whether it haue bene added since or whether it were inserted from the beginning and that after Dionisius Pope Adrian and the Emperor Charlemaine made mention thereof although there be ancient copies where neither of these Epistles are to be found I will not resist it Only I will saie that S. AVGVSTIN assisted not at the Councell where it was written as appeares as well because there is no mention made of him neither at the beginning nor end of the Epistle a thing which would neuer haue bene forgotten to authorise and fortifie the action as well as it had bene in the Epistle to Boniface as because those that were after him in order of promotion and which were wont to be enrolled after him in publicke actions and amongst others The asius ãâã and Fortunatianus are named in the inscription of the Epistle and not he For that S. AVGVSTINE did vse to precede The asius appeares by the fortie fifth and two and sixtith Canon of the councell intitled African and that hee vsed to precede Uincentius and Fortunatianus appeares by the collation of Carthage where the deputies for the Catholickes vere Aurelius Alipius Augustinus Uincentius Fortunatus Fortunatianus and Possidius Now this Epistle containes two partes to witt a narration and a supplication which wee report from the Greeke text for as much as the Greeke edition as wee haue aboue shewed is more intire and correct in matter of Epistles then the latine The narration then it Our holy brother and colleague Faustinus coming to vs wee beleeued that hee had bene sent with Apiarius to the end that as by his meanes Apiarius had bene formerly restored to his Priesthood so now by his labour hee might be purged of so manie crimes as had hene obiected against him by the Tabracenians But the multitude of our Synod running ouer the crimes of Apiarius found them to bee so great and in so great number as they haue surmounted the protectioÌ rather then iudgment and affection of a defender rather then the iustice of a Judge of the same Faustinus for first he hath throughly resisted all the assemblie charging it with diuers contumelies vnder colour of pursuing the priuiledges of the Roman Church and willing to cause himselfe to be receiued vnto our Communion because your Holynesse beleeuing he had appealed to you which yet he could not proue had restored him to the CoÌmunion ãâã this succeeded not with him as you may know better by the verball processe of the actes coÌtrarywise after a laborious inquiry of three daies during which wee examined with much anguish the diuers charges which were obiected to him God a iust iudge powerfull patieÌt hath cut off by a great abridgemeÌt the delaies of our colleague Faust. aÌd the tergiuersatioÌs of the same Apiarius by which he atteÌpted to hide his infamous villanies c. For our God pressing the conscience of this fraudulent denyer and his will beinge to publish to men the Crimes that his prouidence condemned being yet hidden in his hart as in a bogge of vices he hath blased out and sufferd himselfe to fall into a confessioÌ of all the vices which were obiected against him c. and hath coÌuerted our hope by which wee beleeued and desired that he might purge himselfe from these so shamefull blotts and staines into greef but that our greefe hath bene eased by this only confort that wee haue bene deliuered from the affliction of a longer labour After the narration marcheth the supplication which consists in three requests The first request is that the Pope should noe more so easily receiue those that should appeale to him from Africa Premised then said they the office of a due salutation wee beseech you with all our affection that you doe no more so easily admitt these to your ãâã that shall come from hence and
no more receiue those to the Communion that haue bene excommunicated by vs And a while after That so those that in their owne Prouince haue bene depriued of the Communion may not seeme to be rashlie and vnfitly restored to the Communion by your Holynesse And this request they propt vp with fiue reasons The first that the Councell of Nicea had forbidden that those which had bene excommunicated in one Prouince should be receaued to Communion in an ãâã Your Reuerence said they will easilie acknowledge that this hath bene so defined by the Councell of Nicea for although it seemes to restraine the caution to inferior Clerks and to lay men by how much stroÌger reason did they intend it allso to Bishops A thing that the heate of contention drew from their mouthes and which is directlie against S. AVGVSTINE who saith speaking of Cecilianus Archishop of Carthage who had bene deposed by a Councell of seauentie African Bishops assembled at Carthage Hee might contemme the conspiring multitude of his Enemies because he knew himselfe to be vnited by communicatorie letters to the Roman Church in which hath alwaies flourisht the principalitie of the sea Apostolick and from the other Countries from whence the Ghospell first came into Africa And against the Councell of Nicea it selfe which precisely limitts the words to Priests and LaymeÌ which hauing bene excommunicated by their Bishop could not be receiued to Communion by anie of the other Bishops of the same Prouince For whereas the African Fathers inferr that if the Councell of Nicea spake these words of Priests and Laymen they must be much more intended of Bishops this is formally opposite to saint AVGVSTINES foundatioÌ who saith that Cecilianus tyme-fellowe with the Councell of Nicea might haue appealed beyond Sea because hee was not of the number of Priests and other inferior Clerkes but of the number of Bishops They did not handle the cause saith hee of Priests Deacons or other inferior Clerkes but of Bishops which might reserue their causes to the iudgement of the churches beyond Sea The second that the Councell of Nicea committs the causes as well of Bishops as of Priests to the Metropolitan which is true for the iudgement of Priests in the second instance and of Bishops in the first But not for the iudgment of Bishops in the last instance as appeares by the testimonie of saint ATHANASIVS who had assisted in person at the Councell of Nicea which alleadges for his defence an Epistle where Pope Julius writes that the Councell of Antioch and other Councells of the East could not depose ATHANASIVS from the Bishopricke of Alexandria without expecting the decision of the church of Rome Are you ignorant saith hee that the custome is that they should first write to vs and so from hence should proceede the iust decision of causes and therefore if there were anie suspition conceiued against the Bishop there that is to saie of Alexandria they must write to the Church heere that is to saie to the Church of Rome The third that the grace of the holy Ghost shall not be wanting to euery prouision or to euery Prouince to discerne the equitie of causes and that it is not credible that God should inspire the Justice of the triall to one only man what soeuer he be and denie it to an infinite number in a Councell A certaine proofe that they spake of the causes of equitie and iustice as well ciuill as criminall and not of causes of faith of which contrarywise they had written a yeare or two before to Pope Innocent vpon the subiect of Pelagius and Celestius his cause which was a cause of Faith Wee doubt not with the helpe of Gods mercie who will vouchsafe to heare thee praying and to guide thee consulting but those that hold these peruerse thinges will more easily yield to the authoritie of thy Holynesse deriued from the authoritie of holy Scriptures And Pope Innocent to themselues Alwaies and as often as matters of faith are handled I conceiue that all our Bretheren and colleagues can haue no reference but to Peter that is to saie to the author of their name and dignitie The fourth That it was very hard to assure beyond Sea iudgements because of the difficultie of causing witnesses to passe the seas How can said they the Iudgements beyond Sea be certaine wherein the necessarie persons of witnesses for the debilitie of sexe of age or manie other hindrances interuening cannot appeare An euident Argument that they spake of particular and personall causes And the fifth that it had neuer bene taken from the African Church by any decree of a Councell that Appeales should goe out of Africa and that to send Legats from Rome into Africa to iudge them vpon the place it was not constituted by any Councell A thing the ignorance whereof they might well excuse forasmuch as they had no more then in Africa the true copies of the Councell of Sardica but only as had bene aboue shewed those of the false Councell of Sardica composed by the Arrians and publisht by the Donatists which gaue ground to all this question The second request was that the Pope should no more grante them clerkes executioners so were certaine clerkes of the Roman Church called committees to cause to be executed with the helpe of secular power and of the imperiall forces that is to saie by the strength of Vshers Sergeants and Souldiers the iudgements of the Pope or of his Legats a thing which prouoked much murmure in Africa For although the malice of the African Poeple who after they were fastned in the hate of anie Ecclesiasticall person would hardlie lett goe their hold did sometymes make this remedie necessarie Neuerthelesse the abuse of those which did too violently applie it did often conuert it into a pretence and occasion of complaint as S. AVGVSINE testifies in an Epistle to the same pope Celestine when he saith speaking of Anthony Bishop of Fussala in Numidia who had appealed to the Pope from the iudgemeÌt which the inhabitantes of Fussala had caused to be giuen against him He threatens them saith hee with secular power and with the furie of souldiers as if they should come to execute the iudgements of the Sea apostolike in such sort as the miserable inhabitants being Christians and Catholiks feared more grieuous vsage from a Catholike Bishop then they did when they were hereticks from the lawes of the Emperors For these causes then the African Bishops besought the Pope to grant no more Clerkes executors to those which demanded them That you will not also said they send your clerks for executors to all those wich demaund them nor permitt that wee should seeme to introduce the typhe or smoky meteor of the age into the Church of Christ which propounds the light of simplicitie and the daie of humility to those that desire to see God Calling the force and military violence with which those executors did
execute the iudgements of the Sea Apostolike Secular typhe for this is that which the marriage of these two words Typhe of the age signifies to witt the furious and violent manner with which the worldly and secular powers were accustomed to cause themselues to be obeyed as when the author of the life of Fulgentius saith That Fulgentius commaunded nothing with the Typhe of secular dominion And as when the Councell of Ephesus calls the vse that Iohn Patriarke of Antioche had made of the letters of Dionisius Gouernor of Syria to the Captaine of the Garrison and of the souldiers of Cyprus to hinder the Bishops of Cyprus from electing to themselues an Archbishop without the permission of the Patriarke of Antioch Secular Typhse and drawing from this particular case a generall lawe ordaines That noe Bishop vsurpe the Prouinces which haue not bene from all antiquitie vnder his predecessors c And vnder pretence of the execution of sacred thinges introduce not the Typhe of secular power And a little after And that all letters obtained to the contrarie may remaine disannulled and of no effect And finallie the third and last request but expressed in termes of Confidence and assurance is that the Pope will not suffer that Apiarius to whom by the first Iudgement it had bene permitted to remaine in Africa and exercise his Priesthood where he would prouided it were not at Sicca should remaine anie longer in Africa and that he would not cause him to be assisted with Secular authoritie to this effect Behold the words of the clause which containe also the end and conclusion of the Epistle which I haue translated from the Greeke text because the Greek edition of the Epistles as hath bene aboue shewed is more correct then the latine For as for the wretched Apiarius hauing alreadie bene condemned for his infamous crimes by our Brother Faustinus wee are no more in care for it as much as by the meanes of the approbation and moderation of your Holynesse for the preseruation of brotherly charitie Africa will no longer indure him Now vpon this what answere the Pope made them wee haue it not but that it is easie to be iudged by the successe that he satisfied them of the mistaking of the Councell of Nicea for that of Sardica and made it appeare to them that what they found not in the Councell of Nicea had bene ordained yea euen by their predecessors in the Councell of Sardica For the Appeales of the African Bishops to the Pope continued as before as it appeares both by the Rule that Pope LEO onely eight yeare later then CELESTINE made vpon the appeale that Lucifrinus a Bishop of Africa had cast into the Sea Apostolike and by the care that the Africans had afterward to insert into their Canon law the Canons of the Councell of Sardica vpon the matter of Appeales to the Pope For Fulgentius Ferandus deacoÌ of Carthage a little later then S. AVGVSTINE and tyme-fellow with S. FVLGENTIVS registers into the collection that he made of the Canons these decrees vnder the title of the fixth and sifth Canon of the Councell of Sardica That a condemned Bishop may appeale if he will to the sea Apostolike and that during the appeals an other cannot be ordained in his Chaire By meanes whereof this question brought no interruption to the possession wherein the Pope was of appeales euen in minor causes and by consequent much lesse in maior causes as those of Faith were for which Theodoret Bishop of Cyre a Cittie neere vpon Persia appealed in the same tyme to pope ãâã and was iudged and restored by him all the Generall CouÌcell of Chalcedon holden a while after the Councell of Carthage approuing and confirming it For I will not alleadge the Epistle of S. AVGVSTINE to Celestine which is in the supplie of S. AVGVSTINS Epistles imprinted by Plantine where the same S. AVGVSTINE pursues in the behalfe of Celestine the iudgment of the appeale made by Anthony Bishop of ãâã to Pope Boniface and represents to him to iustifie the sentence of the bishops of Africa who had left him his title and depriued him of this Bishops Sea That there had bene manie like ãâã in Africa eueÌ the Sea ãâã iudgeing it or confirming the iudgement of others as particularly of ãâã Uictor and Laurence Bishop of the Cesarian ãâã because it seemes that this Epistle was written before that of the Councell of Africa to Celestine It sufficeth that neither the possession of the appeales from Africa to Rome were interrupted by this question neither did the Bishops of Africa cease to remaine in the same Communion and reuerence of the Sea Apostolike as they were before as the words of S AVGVSTINE to Pope Boniface written in the current of the difference testifies Thou disdainest not thou which presumest not ãâã though thou presidest highlie to be a friend to the ãâã And these of Pope Celestine after the death of S. AVGVSTINE Wee haue alwaies had Augustine of holie ãâã in our coÌmunion which Prosper citeth to iustifie to the Bishops of the Gaules S. Augustins doctrine against the PelagiaÌs And these of Capreolus Archbishop of Carthage immediate successor to Aurelius vnder whom the sixth Councell of Carthage was holden writing to the fathers of the Councell of Ephesus ãâã praie you to resist ãâã with such constancie at the authoritie of the sea Apostolicke and the seuerltie of the Prelates assembled in ãâã seeme not to permitt that the doctrine of those that the Church hath long since ãâã ãâã come to be borne againe And these of Eugenius one of the other successors to the same Aurelius to the Lieutenant of Hunnericus Lord of Africa The Roman Church is the head of all the Churches And these of Fulgentius and of the Bishops of Africas the Roman Church which is the head of the world Of the Councell of Sardica CHAPT XI I Remember that I promised in the former chapter to handle in this the truth and authoritie of the Canons of the Councell of Sardica the time summons me now to performe my promise and with so much the more neede because the Popes aduersaries haue a while agoe caused a Greeke Code of CanoÌs to be imprinted which they haue intituled A Code of the ãâã of the Vniuersall Church from whence they haue ecclipsed and cutt off the Canons of the Councell of Sardica against the credit of all the Greeke Canonists Photius Zonara Balsamon Harmonopolus and against the Greeke impressions euen of Basle Wittenbourg and other Protestant Citties and in summe against the truth of all the Greeke codes as well printed as manuscript of all the westerne and Easterne libraries Then to compasse this designe with some method I will aduertise the readers that there past two things in the Councell of Nicea which gaue an occasion soone after for the holding of the Councell of Sardica the one was
the decree of the consubstantialitie of the Father and the Some and the other the decree of Appeales The first was inserted into the Creede of the faith publisht by the Fathers of the Councell of Nicea the second into the originall acts of the Councell of Nicea with which it hath bene lost only there remaines to vs some light track of it in an Epistle of Pope Iulius reported by S. ATHANASIVS and by the Councell of Alexandria where Pope Iulius writes to the Arrians It hath not bene without the prouidence of God that the Bishops assembled in the great Councell of Nicea haue permitted that the acts of a former Synod should be examined in an other Synod For that this decree was not the same which is contayned in the Canons of the Councell of Nicea where it is ordained that when a Bishop hath excommunicated anie Churchman or Layman of his diocesse the cause of the excommunicated person may be reuiewed in the Synod of his Prouince it appeares both by this that he speakes of the reuiew of the iudgments giuen in the first instance by the Synods inferrs from thence that S. ATHANASIVS hauing bene iudged in the first instance in the Councells of Tyre and Antioch might againe haue bene iudged at Rome in a new Councell And because that he adds That if this custome being of itselfe antient and hauing bene renewed and sett downe in writing in the great Synod you will not permitt that it haue place amoÌgst you such a refusall is vndecent a thing that shewes that this decre whereof he speakes was resisted by the ãâã which cannot be said of the reuiewe of the sentences of the diocesan Bishops by the Councell of the Prouince And therefore it must be supposed that this decree had bene inserted not into the catalogue of the Canons of the Councell of Nicea which contained but the twentie articles which wee haue but into the very acts of the CouÌcell of Nicea which haue bene lost And of this kinde of decrees inserted not into the list of the Can ons of the Councells but into the acts of the Councells there are manie examples and in the matter of the CouÌcell of Nicea it selfe For the Epistle of the same CouÌcell of Nicea and the Councell of Antioch teach vs that the Councell of Nicea made a decree of the Pasch and S. AMBRO teacheth vs that the CouÌcell of Nicea made a decree of the exclusion of these that were in ãâã from Priesthood and the Caluinists themselues are agreed that the Councell of Nicea made a decree of the Eucharist All which decrees are not inrolled into the Canons of the Councells of Nicea but haue bene necessaryly inserted into the Acts. Now what the conditions of these following Synods ought to be which iudged by Appeale of the iudgments of former Synods there is nothing to be found in Pope Iulius his Epistles only it is left to vs to coniecture that the subsequent Synods should be greater then the former Synods But wherein this Maioritie consisted that is to saie whether it should be a simple maioritie of number as the Arrians had monopolized it in the Councell of Antioch or whether it should be a maioritie as it seemes the third Councell of Carthage requires when it saies That when there hath bene an Appeale from what Ecclesiasticall Iudge soeuer to other Ecclesiasticall Iudges where there is greater authoritie the disannulling of the former Sentence hurts not the first iudges there is nothing found in Pope Iulius his Epistle only we learne from the practise of antiquitie that the maioritie of Councells did not alwaies depend of the number of Bishops but was often measured by the qualitie of him that was the head thereof although the number of Bishops were fewer as the Councell of the Primat of the Nation was reputed greater then that of the Metropolitan of the Prouince and that of the Patriarke greater then that of the Primat and that of the Pope yet greater then that of the Patriarke although there were fower Bishops For in the Councell of Rome which iudged saint ATHANASIVS his cause after the Councell of Antioch there were but fiftie Bisshops whereas in that of Antioch there were aboue ninetie And in this sence Balsamon a Schismaticall Greeke Author who rankes the Patriarke of Constantinople aboue the Pope pretends that the title of Uniuersall Bishop which in the Councell of Calcedon had bene giuen to the Pope should be also communicated to the Bishop of Constantinople for as much as Constantinople bore the title of second Rome and will haue it that the Synod of the Bishop of Constantinople should be esteemed greater then that of all the other Patriarkes of the Empire of the East Although saith hee that the Synod of Constantinople were not vniuersall for as much as other Patriarkes assisted not there neuerthelesse it seemes to me greater then all the other Synods and the Patriarke thereof is called vniuersall Patriarke Now it fell out a while after the holding of the Councell of Nicea that the Arrians made two breaches in these two decrees The one by abollishing the word Consustantiall which they ecclipsed from all their creedes And the other by the resistance that they gaue to the restitution that the Pope made of Athanasius Patriark of Alexandria of Paul Bishop of Constantinople of Marcellus Primat of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina and of Lucius Bishop of Adrianopolis in Thrace deposed a little before by the Councells of Tyre Antioch and Constantinople for diuers pretended crimes Some Secular as Athanasius for the crimes of Treason Adultery and homicide and other Ecclesiasticall The history of the first contrauention appeares by all the testimonies of Antiquitie And the history of the second by the report of Sozomene who after he had said Iulius Bishop of Rome hauing heard the accusations attempted against Athanasius of Alexandria Paul of Constantinop le Marce llus of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina Lucius Bishop of Adrianopolis in Thrace and hauing found them all consenting to the doctrine of the Councell of Nicea receiued them to his Communion and because to him for the dignitie of his Sea the care of all things apperteyned he restored them each one to his Church and writt to the Bishops of the East chiding them for not hauing obserued the right formes in the iudgement of these men and that they had troubled the Churches with not hauing kept within the compasse of the decrees of the Councell of Nicea and commaunded them to send a small number from amongst them all to appeare at a daie prefixed and to iustifie their Sentence Adds These things Iulius writt and Athanasius and Paule receiued each one his Church and sent the letters of Iulius to those of the East who finding themselues sharpely toucht therewith assembled themselues at Antioch and writt
backe to Pope Iulius an Epistle adorned with flowers of eloquence and composed in an orators stile full of manie figures and not free from greeuous threatnings for although they auouched by theyr letters that the Roman Church obtained the prize of honor from them all as hauing bene from the beginning the Schoole of the Apostles and the Metropolitan of Religion although the Doctors of the Christian world were come thither from the East Neuerthelesse they did not thinke they ought to be put behind vnder colour that they were inferior in Greatnesse and multitude of Churches since contrarywise they were much Superior in vertue and election of opinion that is to saie in Arianisme And as for Iulius they reproached it to him for a crime that he had admitted into his communion Athanasius and his consortes and were offended at it pretending that by that Acte their Councell had bene iniuryed and their Sentence abrogated a thing that they calumniated as vniust and repugnant to the ecclesiasticall Rule For that the authors of that Epistle that Sozomene argues of ironia because they fained by their exordium to confesse the primacie of the Roman Church which they denied by their conclusion of slander because they pretended that the abrogation that the Pope had made of their Councell was a thing outragious and contrary to the lawe of the Church and of impudence for as much as they set vpon him to whom for the dignitie of his Sea the care of all things belonged were Arrians it appeares both by the testimonie of S. ATHANASIVS who called them Eusebians that is to say of Eusebius his Sect the chiefe firebrand of the Arrians heresie And by the reproache that Iulius made to theÌ that they had altered the decision of the Councell of Nicea and by the answere that themselues made to that reproach to witt that as for the things they had done against the decisioÌ of those that had bene assembled at Nicea they Answered nothing although they signified that they had manie causes to excuse their Actions but that it was superfluous then to enter into defence of it since they were suspected to haue violated iustice in all things by the glorie that they attributed to them selues to be more excellent in beleefe then the Roman Church And finallly by the offer that they made to Julius to enter againe into peace and communion with him if he would admitt the deposition of S. ATHANASIVS and of his coÌsortes And that Sozomene calls them those of the East it is in parte because the principall Seate of the Arrians heresie was the East and in part because they were the Bishops of the Patriarkship of Antioch and other Arrians their adherents who after the Councell of Antioch holden in the dedication reassembled themselues at Antioch to answere Pope Iulius which Patriarkship of Antioch was called the Patriarkship of the East because amongst the Asian prouinces which acknowledged the Roman Empire the diuision of Antioch held the place of the East from wheÌce it is that Cornelius Tacitus Amianus Marcellinus say that Antioch was the head of the East and that the Councell of Constantinople ordaines That the Bishops of the East that is to saie of the Patriarkshipp of Antioch should only rule the East And that Iohn Patriarke of Antioch saith in the Schismaticall Councell of Ephesus speaking of the Bishops of his Patriarkship wee that are called of the East And it is not to be said that Iulius in the Answere that he sent to Danius it must be read Dianus and to Phlacillus it must be read Placitus and to Narcissus and to ãâã and to Maus and to others which had written to him from the second mock-councell of Antioch stiles them his Bretheren For he calls them his Brothers because of the communion of the Episcopall character As S. AVGVSTINE calls the Donatists his Bretheren because of the Communion of the charactar of Baptisme but not but that all those Bishops were Arrians and the most impious of all the Arrians for this Dianius was a Bishop of Cesaria in Capadocia an Arrian and this Placitus was a Bishop of the Arrians of Antioch and this Narcissus was an Arrian Bishop of Veroniade in Cilisia and this Eusebius was Bishop of Nicomedia Ensigne-bearer of the Arrian faction who procured as S. ATHANASIVS notes the second Councell of Antioch and the Councell of Sardica and likewise the others But lett vs againe pursue the course of our history of Arrianisme vpon the complaint propounded by the Catholikes against the Arrians of the woundes made in these two decrees of the Councell of Nicea the two Emperors the one Catholike and the other ãâã agreed vpon the holding of a Generall Councell and called from the two Empires to Sardica a Cittie situate in the confines of both the Empires to decide it Paul and Athanasius saith Socrates demanded to haue an other Councell called to the end that as well their cause as that of faith might be ãâã in a generall Councell shewing that their depositions had bene made with a purpose to destroy the Faith Then vpon their request a generall Councell was publisht at Sardica Now of this Councell the issue in regard of Faith was that the fathers assembled at Sardica confirmed the Creede of the Councell of Nicea as Harmenopolus a Greeke author and a schisrnatike reportes after thousand others in these words By the aduise of the Emperors and of the Bishop of Rome the Synod of Sardica was assembled composed of three hundred fortie one Fathers which confirmed the Councell of Nicea and published the Canons For that which S. ATHANASIVS saith that the Councell of Sardica would not permitt that anie thing of faith should be reduced into writing ought to be vnderstood that it would not permitt that there should be anie new Creede made but ordained that they should hold themselues to that of Nicea which they amplified not by waye of innouation but by way of exposition And as for the matter of Appeales they approued the restitution that the Pope had made of Paul of Athanasius and of the other Bishops with had bene deposed in the Councells of Tyre and Antioch and receiued them into their Communion vnder this title that the Pope having examined their cause had not condemned them They answered saith Sozomene that they would not ãâã the Commnnion of Athanasius and of Paul for as much principally as Iulius Bishop of Rome hauing examined their cause had not condemned them and to preuent the Churches trouble thereafter in like accidents reduced into writing three Canons vpon the matter of appeales where of the first was propounded by Osius PresideÌt of the Councell and concluded by all the Councell in these termes If anie Bishop in anie cause in likelyhood ought to be condemned and that hee presume to haue not an euill but a good cause to the end the iudgement may be renewed if it
please your charitie that we should honor the memorie of the Apostle Peter lett it be written to Iulius Bishop of Rome by the same Bishops that haue giuen the iudgemeÌt to the end that if it be needefull it may be renewed by the next Bishops and lett the Bishop of Rome giue the Judges but if the affaire be such as there is no neede of a new iudgement lett not the things once iudged be disabled but remaine firme The second was propounded by Gaudentius and authorized by all the Councell in these wordes If it seeme to you necessarie to add to this sentence full of sincere charitie that you haue propounded That if anie Bishop be deposed by the next Bishops and saie that his affaire ought to be iudged a new lett no other be installed in his sea till the Bishop of Rome haue pronounced vpon it with examinatioÌs of the cause Which CanoÌ was made as Balsamon notes to disanull the CanoÌ that the ArriaÌs had published in the Councell of Antioch against S. ATHAN which ordained that it should not be lawfull for a Bishop after he had bene deposed by all the votes of a Synod to exercise anie Episcopall functioÌ nor to hope for restitutioÌ and to condeÌne the intrusioÌ the Arians had made of Gregorie in steede of S. ATHAN without attending the reuiew of the processe And the third was againe propounded by Osius and confirmed by all the councell in these words It hath pleased that if a Bishop haue bene accused and that he haue recourse by waie of Appeale to the Blessed Bishop of the Roman Church and that he will heare him and doeÌ esteeme it iust that the examinatioÌ of the affaire should be renewed let him vouchsafe to write to the Bishops neighbouring that prouince that they should carefullie and with diligence examine all things and iudge the affaire according to the creditt of the truth and if anie one demaund that his cause should be heard againe and seeme to moue the Bishop of Rome by his prayer that he should send Priests from his owne side it shall be in the power of the Bishops of Rome to doe what he shall think fit and if he conceiue that he should send to iudge with the Bishops persons hauing the authoritie of him that sends them lett it be so done and if he thinke it will suffice that those that are alreadie vpon the place should examine the affaire and the iudgment of the Bishop lett him doe what shall seeme best in his most wise iudgment Now these words do so dazle the eyes of the Popes aduersaries as they cannot supporte their light and therefore they attempt to resist and weaken them with seauen obiections The first that the Councell of Sardica propounds the ouerture of Appeales to the Pope not as a thing before practised but as put to deliberation and instituted at that present tyme and in words of the future tense from whence they inferr that the Right of Episcopall appeales was not from all Antiquitie yielded to the Pope but only since the Councell of Sardica and add that the Councell specifying the name of Pope Julius and say ing let it be written to Iulius Bishop of Rome shewes that this instituÌtion began only in the Papacie of Julius and had no place in his predecessors tymes To this obiection then wee saie that it is ordinary to antient Councells when they renew vnwritten customes yea euen the verie written lawes of the Church to propound them as if they did new institute them and to take the notes of the assistants to conclude them and to declare them by words of the future tense As in the same Councell of Sardica the prohibition to passe from one Cittie to an other renewed because of Eusebius of Nicomedia head of the Arrian faction who was past from the Bishoprik of Nicomedia to that of Constantinople and the prohibition to a Bishop to receaiue a Clerke from an other Bishop excommunicated by him and others the like were propounded in future words and with receauing the votes of the assistants although the custome were tyme out of mynde in the Church and that they had bene euen sett downe in writinge in the Councell of Nicea And Pope Julius after he had cited the Canon of the Councell of Nicea for the reuiew of the iudgements of Synods adds that this Canon had bene formerly practised by custome in the Church and after reduced into writing at the Councell of Nicea And the Councell of Constantinople writing to Pope Damasus Doth it not saie of the ordination of Bishops by the metropolitans It is as you know both ãâã grounded vpon ancient custome and decision of the Councell of Nicea For as for the name of Pope Iulius which is specified in the first of the three canons of the Councell of Sardica besides that it is not found in the ancient latine Editions which were produced in the Councell of Africa in saint AVGVSTINES tyme where the text saith simplie as in the other following canons The Bishop of Rome and not Iulius Bishop of Rome By meanes whereof there is a Ground for suspition that it is a quotation of the exemplifiers which is slipt out of the margent into the Text there can be nothing inferred from it but this that the Fathers of the Councell of Sardica inserted the name of Iulius there to shew that the Councell by this canon ratified not only in generall Appeales to the Pope but iustified and ratified in particular the restitution that Pope Iulius had made of saint ATHANASIVS Paule of Constantinople Marcellus of ãâã Asclepas of Gaza and other Bishops that the Arrians had deposed in their false Councells agreeably to the Answere that they had made to the Arrians that they could not reiect the comunion of Athanasius and the other Bishops deposed by the Councells of Tyre Antioch and Constantinople because Iulius Bishop of Rome hauing examined their cause had not condemned them And indeede if the Councell of Sardica had giuen beginning to the Right of Appeales how could Pope Iulius manie yeares before haue written to the Arrians Are you ignorant that it is the custome that wee be first written to that from hence may proceede the iust decision of things and therefore if there were anie suspition conceiued against the Bishop there that is to saie against the Bishop of AlexaÌdria you should haue written to the church heere that is to saie to the church of Rome how could Socrates Sozomene haue said that Pope Iulius many yeares before the CouÌcell of Sardica restored ãâã Patriarke of Alexandria Paule Bishop of Constantinople Marcellus Primat of Galatia and other Bishops deposed by the Councells of the East because to him for the diginty of his Sea the care of all things belonged The second obiectioÌ is that the Councell of Sardica grounds the canon of appeales to the Pope not vpoÌ diuine right but vpon the
desire of honoring of saint Peters memory from whence they inferr that the attributioÌ of the Episcopall appeales to the Pope is not by diuine Right but who sees not that eueÌ this is to ground it vpon diuine Right for tosaie that to honor the memory of S. PETER it was to purpose to yield Episcopall Appeales to the Pope what is it but to saie that the Pope was S. PETERS successor and that in this qualitie Appeales ought to be yielded to him as to him that had the succession of head of the church and by this succession was himfelse made head thereof And in truth what the Fathers of the councell of Sardica expresse in their Canon by these words That we may houor the memorie of Peter lett it be written to Julius the Bishop of Rome do they not expresse in their Epistle to the same Iulius by these It is verie good and fitt that from all the prouinces the Bishops haue reference to their head that is to saie to the sea of the Apostle Peter And doth it not from thence appeare that to honor in the persons of the Bishops of Rome the memory of Peter and to ackdowledge the sea of Peter in the persons of the Bishops of Rome for head of the Church is according to the Councell of Sardica one and the same thinge and by consequent that the right of Appeales which was implicitly contained in the title of Head of the Church had belonged to the Pope by diuine right from all antiquitie although the custome had bene first reduced into an expresse lawe but in the Councell of Sardica For who knowes not that all the prerogatiues that are implicitly contained in anie Title belong to him to whom the Title is giuen from the verie tyme it is giuen him though the lawes ãâã are made for the explicit declaration of anie of those prerogatiues ãâã later The third obiection is that saint HILARIE and saint EPIPHANIVS and the second Councell of Constautinople call the Councell of Sardica the Councell of those of the west From whence Zonara Hormenopolus and some other later Greekes and Schismaticks and the Protestants who ioyne with them conclude that the Councell of ãâã was not Generall To this obiection then we answere two thinges the one that the word of the west did then extend much farther then it doth now for by the word of the West the fathers intended not onely all the Prouinces of Africa of Italie of Spaine of the Gaules of England of Germanie of Hungaria of Dalmatia but also all the Prouinces of Greece as Achaia Peloponesus Macedonia the Isle of Creete and left nothing for the East but Thrace Egipt and Asia And the other that their calling the Councell of Sardica the Councell of the west is not to distinguish it from the Generall Councells as some late Greekes haue supposed but to distinguish it from the false Councell of Sardica which was called the Councell of those of the East For after the whole Councell composed of three hundred Cotholicke Bishops and of seauentie six Arrian Bishops was arriued at Sardica the seaueÌtie six Arrians seperated themselues from the Bodie of the Councell and retired them selues to Philopopolis a cittie neere Sardica where they kept an Anti-councell which was called the Councell of those of the East Not that all the Bishops of the East assisted there but for two other causes the one for as much as the principall Bishops of this mock-councell were Steuen Patriarke of Antioch and the other Bishops of his Patriarkship which was called the Patriarkship of the East And the other because of the two citties whereinto this Councell was diuided situate on the two sides of the mountaine of Thuscis which was the bound of the two Empires of the East of the west the cittie of Sardica wherein the catholicks remayned was situat in the westerne side of the mountaine and the cittie of Philopopolis into which the Arians retired themselues was situate on the Easterne side For so farr of were all the Bishops of the East from assisting at this Anti-synod as the Arrians themselues confest that held it that there were but eightie of them there and auowed that the Bishops of the Empire of the East which were present at the true Councell of Sardica were an immense number There came saie they to Sardica an immense number of wicked and lost Bishops flowing from Constantinople and from Alexandria whom Osius and Protogenes held assembled with them in their Conuenticle And yet euen to take the East particularly for the Patriarkship of Antioch many of the Bishops of the East though taken in this sence assisted not at the false Councell of Sardica Contrarywise all the Catholick Bishops as well of the Patriarkship of Antioch as of the neighbouring Prouinces as Diodorus Bishop of Asia minors Asterius Bishop of ãâã in Arabia Maximus Bishop of Hierusalem ãâã Bishop of Lydda Arius Bishop of Petra in Judea Theodosius Germanus Siluanus Paul Claudius Patrick Elpidus Germanus ãâã Zenobius Paule and Peter Bishop of Palestina assisted and subscribed with the body of the catholicke Bishops at the true Councell of Sardica By meanes whereof this distraction consisting in so small a number of Bishops and being made by the Arrians only could not hinder the true Councell of Sardica which represented all that were catholicke Bishops in the world from preseruing the title of Generall which had bene imposed vpon it at the calling it no more then the distraction of those of the East that is to saie the Bishops of the Patriarkship of Antioch which maintained Nestorius and held an Antisynod in his fauour at Ephesus hindred the true Councell of Ephesus from being perfectlie and absolutely generall and from taking this qualitie euen then when those of the East that is to saie the Bishops of the patriar kship of Antioch held their mockcouncell a part And therfore saint ATHANASIVS not only calls it the Great Councell of Sardica and Socrates and Iustinian a Generall Councell but also saint ATHANASIVS and after him Sulpitius ãâã Theodoret and Vigilius ancient Bishop of Trent affirme that it was composed from all the christian Prouinces of the Earth The holie Councell of Sardica saith saint ATHANASIUS assembled from more then thirtie fiue Prouinces knowing the malice of the Arrians receaued vs in our iustifiable acts And elsewhere explicating the list of the same Prouinces In the Great Councell of sardica called by the commaundement of the Religious Emperors Constantius and Constans There subscribed for vs more then three hundred Bishops of the Prouinces of Egipt of Libia of Pentapolis of Palestina of Isauria of Ciprus of Phamphilia of Licia of Galatia of Dacia of Misia of Thracia of Dardaniae of Micedonia of the ãâã of Thessalia of Achaya of Creete of Dalmatia of Siccia of Pannonia of Horica of Italie so they called the Prouostship
of Milan of Picena of Tuscany of Campania of Calabria Apulia of Brussa of Sicilia of all Africa entirelie of Sardinia of Spaine of France and of the Brittans And Theodoret registring the inscription of the same Councell The holie Synod assembled by the Grace of God at Sardica from Rome from Spaine from France from Italie from Campania from Calabria from Africa from Sardinia from Pannonia from Misia from the first Dacia from Dardania from the second Dacia from Macedonia from Thessalia from Achaya from the Epiruses from Thracia from Rhodope from Asia from Caria from Bithinia from Helespont from the first Phrigia from Pisidia from Capadocia from Pontus from the second Phrigia from Cilicia from Phamphilia from Lydia from the Cyclades Jlands from Egipt from Thebaidis from Lybia from Galatia from Palestina and from Arabia And elsewhere exagerating the obstinacie of Acacius Archbishop of ãâã in Palestina one of the heads of the Arrian faction The Councell assembled at Sardica deposed this Acacius said hee but hee obeyed not the deposition despising so great a number of Bishops And Sulpitius Seuerus describing the conuocation of the Councell of Sardica first proiected as he pretends by Constantine and after executed by his children Hee commaunded said hee that from all the world the Bishops should assemble themselues at Sardica And Socrates reporting the historie of the Councell of Sardica Paule and Athanasius demaunded that their Cause that of faith might be examined in a generall Councell By the ordinance then of the two Emperors there was a Generall Councell called at Sardica And the Emperor Justinian in the Edict of faith indited as Hincmarus notes by the second Councell of Constantinople that wee call the fifth Generall Councell They were said hee speaking of the Aduersaries to the Councell of Nicea anathematized some whiles they liued and some after their death by Damasus of holy memorie Pope of olde Rome and by the Generall Councell of Sardica And Uigilius the old Bishop of Trent The holie Bishops said hee assembled at Sardica from all the prouinces that is from Rome from Spaine from France from Italie from Campania from Calabria from Africa from Sardinia from Panonia from Missiae from Dacia from Dardania from the other Dacia from Macedonia from Thessalia from Achaya from Epirus from Thrace from Rhodope from Asia from Caria from Bithinia from Helespont froÌ Phrigia from Pisidia from Capadocia from Pontus from Cilicia from the other Phrigia from Pamphilia from Lidia from the Islands of the Cyclades from Egipt from Thebaides from Lybia from Galatia from Palestina and from Arabia expounded this faith To which I will add aboue my bargaine for an ouer measure that the title that saint HILLARIE and saint EPIPHANIVS giue to the Councell of Sardica of the Councell of those of the West is so farr from abating anie thing of the qualitie and authoritie of a generall Councell as contrariwise Monsieur le Feure a great Reader and Examiner of saint HILLARIES writings causing a new fragment of the workes of the same saint HILLARY to be printed doth iugeniouslie acknowledge the Councell of Sardica for a generall Councell in the preface of his Edition by these words Athanasius approued his innocencie in the Synods of Alexandria and of Rome and in the Generall councell of Sardica The fourth Obiection is that in the Code of the CanoÌs of the Greeke church which was produced in the Councell of Chalcedon in the cause of Bassianus and Steuen the Canons of the Councell of Sardica were not contained to this obiection wee bring three answeres the first that there were two volumes of Canons produced in the Councell of Chalcedon the one where the Councells were sett downe in heades and with the inscriptions of their titles and the particular number of their Canons as appeares by the fourth and fifteenth act of the same Councell of Chalcedon where the fourth and sixth Canons of the Councell of Nicea were read with the titles of the fourth and sixth Canons of the most holy three hundred and eighteen Fathers assembled at Nicea And the third Canon of the Councell of Constantinople with the title of Synodicall of the second synod held by the hundred and fiftie Fathers at Constantinople vnder Nectarius And the other where the canons were annexed one after an other vnder a continued Cypher in the forme of a chaine and of a rapsody and without inscription of the titles of the Councells whence they were taken and without distinction of the particular number of the Canons of euery Councell as appeares in the fourth and eleuenth act where the third forth sixteenth and seauenteenth Canons of the Councell of Antioch were read vnder a simple quotation of Canon 84. 85. and 94. and 95. without anie mention neither of the title or of the particular cyphers of the Councell from whence they were taken Now it is not of the volumes in heads where the Canons of the Councells were inserted with inscription and distinction of the titles of their CouÌcells but of this rapsodie where the Canons were annexed one at the end of an other without inscription and distinction of the titles of their Councells that the aduersaries to the Sea Apostolike speake and therefore it is but the onely copie of this rapsodie that raiseth all this question The second answere is that there is noe proofe that euen in the copie of this rapsodie the Canons of the Councell of Sardica are not coÌprehended with the Canons of the other Councells For that the fower Canons which are cited of this copie which are the fourth the fifth sixteenth and seaueÌteenth CanoÌs of the CouÌcell of Antioch are cited vnder the title of rule eightie fourth eightie fifth nintie fourth nintie sixth is good to shew that before those Canons there were but the twentie Canons in the same volume of the Councell of Nicea the twentie of the councell of Ansyra the fifteene of the councell of Neocesarea the twentie one of the councell of Gangres and the siftie nine of the councell of Laodicea And therefore Hincmarus antient Archbishop of Rheims argues pertinentlie out of this copie that the councell of Nicea had made but twentie Canons but not to conclude that the Canons of the councell of Sardica which had bene made after those of the councell of Antioch were not in the same volume And the supplie of proofe which they pretend to drawe from Dionisius Exiguus is nothing as shall appeare heereafter contrariwise there are manie proofes that the Councell of Chalcedon had both acknowledged and obserued the canons of the Councell of Sardica For not onlie the first Councell of Constantinople which was alleadged in the Councell of Chalcedon confirmes the tome of those of the West that is to saie if wee beleeue zonara and Balsamon the Councell of Sardica and not only the Epistle of Ualentinian the third addressed to the Emperor Theodosius the second for
the holding of the Councell of Chalcedon and inserted with the Greeke Acts of the same Councell of Chalcedon saith That Flauianus Bishop of Constantinople had appealed to the Pope following the custome of Councells which had principallie reference to the Councell of Sardica and not only the Senate of Constantinople deputed to cause policie to be obserued in the Councell of Chalcedon receiued Theodoret Bishop of Cyre who had appealed to Pope Leo and made him enter and haue a seate in the assemblie of the Councell because Pope Leo had restored his Bishopricke to him a thing which was grounded vpon the canons of the Councell of Sardica but also Zonara explaining the canon of the Councell of Sardica which calls Metropolitans Archbishops And conferring it with the sixth Councell of Carthage which reiects the vse of this word saith that the Councell of Chalcedon hath retained it yielding rather to the authoritie of the Councell of ãâã then to that of the Councell of Carthage And Balsamon Nilus and other Greeke Schismatiks will haue it that the Councell of Chalcedon yielded the appeales of the Easterne prouinces to the Patriark of Constantinople pretending that it was grounded vpon the canons of the Councell of Sardica which gaue the appeales to the Pope and they haue extended this right to the Patriark of Constantinople for as much as Constantinople was a second Rome For as for the supplie of proofes that the Popes aduersaries pretend to collect from Dionisius Exiguus it shall be satisfied heereafter The third Answere is that the verie copie of this Rapsodie which was produced in the Councell of Chalcedon was a falsified code as appeares by the canons thereof that were produced in the same Councell for the fowre canons which were read in the Councell of Chalcedon vnder the title of Rule eightie fourth eightie fifht nintie fourht and nintie sixth were fowre canons of the Councell of Antioch celebrated vnder Constantius Now this Councell was an hereticall Councell holden by the Arrians and at the instance of Constantius an Arrian against saint ATHANASIVS And of these fowre canons that which was quoted vnder the cypher of the canon eightie fifth that is to saie vnder the cypher of the canon correspondent to the fowrth canon of the Councell of Antioch had bene partycularly framed against saint ATHANASIVS This appeares both by the historie of Socrates which reportes that the fifteenth canon of this councell of Antioch hauing bene produced against S. CHRISOSTOME when the Emperor Arcadius would haue caused him to be deposed S. CHRISOSTOME answered that this canon was come out of the shopps of the Arrians and had bene forged by them against S. ATHANASIVS Iohn saith Socratès answered that this Canon was not of the Church but of the Arrians For those that assembled themselues at Antioch for the distruction of the faith of consubstantialitie publisht this canon out of hate to saint ATHANASIVS And by that of Sozomene who writes And for that of the Ecclesiasticall Canon Iohn refusing it they receiued not his apologie but deposed him although hee insisted for it must be read ãâã ãâã ãâã ãâã ãâã and not ãâã ãâã ãâã ãâã ãâã that it was a Canon of hereticks And by the Epistle of Bope Innocent the first to the Constantinopolitans reported in the same Sozomene were Pope Innocent saith speaking of the canons of the CouÌncell of Antioch that werè produced against saint CHRISOSTOME These canons ought not to be receiued by catholicke Bishops for wee must not patch vp the inuention of hereticks with the canons of catholicks And by the testimonie of Paladius a Greeke author and tyme mate with saint CHRISOSTOME who saith in the life of saint CHRISOSTOME and vpon the subiect of the same canons Theophilus had sent Canons composed by fortie of the Complices of Arrius Soe spake he because that of nintie Bishops which assisted at the Councell of Antioch there were but fortie or according to the Epistle of Iulius thirtie six which actually comdemned saint ATHANASIVS but these fortie did so oppresse the rest by the force and tyranny of Constantius an Arrian Emperor who was there present that they alone caused to be ordained and publisht what they listed And a little after Elpidius Bishop of Laodicea and Tranquillus shewed the Emperor Arcadius that these Canons were hereticall And finally this appeared by all the authors of saint CHRISOSTOMES life who saie that his defendors offered the Emperor Arcadius to quitt his protectioÌ if his aduersaries would signe that they held the same Faith with those that framed these canons And this is alsoe acknowledged by the ministers of Germanie who in the laste Greeke impression of the canons of the Councell that they haue made at Witenberge saie vpon the fourth canon of the Councell of Antioch which is that that was read in the Councell of Chalcedon vnder the name of canon eightie three This canon seemes to bee made in hate and ruine of the pious Athanasius And vpon the eleuenth This canon was likewise framed against saint Athanasius And vpon the fifteent This canon was also vndoubtedly made against the Good Athanasius to take from him the power of Appealing to an other Synod And vpon the twentie fifth This Councell of Antioch not only neglected the faith of the Councell of Nicea touching Christs diuinitie but also stroue cautelouslie to disanull it By meanes whereof it is cleere that the Rapsodie which was produced at the Councell of Chalcedon in the cause of Bassian and Steuen where these canons were inserted was not the true vniuersall Code of the canons of the Greeke Church which had bene preserued in the Episcopall Bibliotheque of Constantinople since the time of the Councell of Constantinople to that of saint CHRISOSTOME but was the same falsified code that Cyrinus Bishop of Chalcedon who was an Egiptian by extraction and for that cause a partaker which Theophilus and a cruell aduersarie to sainr CHRISOSTOME And other Asians Enemies to saint CHRISOSTOME conspiring and assembled with Theophilus had produced against the same saint CHRISOSTOME and which remained after the death of Cyrinus in the Episcopall Bibliotheque of Chalcedon a thing whereto the fathers of the CouÌcell of ChalcedoÌ tooke noe heede because the canoÌs which were inserted into this Rapsodie were there inserted without in scription of titles and without distinction of Councells and with suppression of the name of the Councell of Antioch And against this it auailes not to saie that S. HILARIE speaking of the Synod of Antioch holden in the dedication calls it the Synod of the Saints for he saith it to accomodate himselfe to the infirmitie of Eleusius Bishop of Cyzica and other secret catholicks of the Asian prouinces amongst whom he inhabited for foundation whereof you must knowe that Eleusius and the other couert catholicks of the Asian prouinces that were called Demy ãâã for
was approued in these words As for the tome of those of the West wee receiue it and also those that at Antioch haue confessed one Deitie of the Father of the sonne ãâã of the holie Ghost For it is not of the councell of Antioch holden in the dedication and vnder the Emperor Constantius that they speake as it appeares as well because they sett it after the tome of those of the West which was holden longe after the Councell of Antioch in the dedication as because they saie that this Councell confessed one and the same deitie of the Father of the Sonn and of the holy Ghost whereas the councell of Antioch in the dedication calls the vnitie of the Father of the Sonne and of the holy Ghost an vnitie of Concord but of an other Councell of Antioch holden in the beginning of the Empire of Iouian which conformed the faith of the Councell of Nicea as it appeares both by the Epistle of the Bishops of Constantinople assembled the yeare after the generall Councell of Constantinople and by Socrates who reportes the whole historie and by S. GREGORIE of Nisea and by Cassianus and manie others To thinke also to escape by saying that it is from this Councell of Antioch holden vnder the Emperor Iouian that the Canons of the Councell of Antioch haue bene taken that we haue at this daie in our handes is a thing wholie vaine for these very Canons of the Councell of Antioch that wee haue were in vse amongst the Arrians and Demy-Arrians from before the Councell of Seleucia which was holden vnder Constantius as appeares by the reproch that Sabinus the Macedonian made to Cyrill of Jerusalem that against the Ecclesiasticall lawe that is to saie against the fifteenth Canon of the Councell of Antioch he had recourse to the Emperor Constantius to appeale to the Councell of Seleucia It is yet more vaine to saie that Fulgentius Ferandus Yuon Gratian and other latin canonists haue inserted the canons of the Councell of Antioch in the dedication amongst the canons of the Councell receiued in the latine Church For it is certaine that in the time of Pope Jnnocent the first and of saint CHRISOSTOME the latine Church receiued them not as appeares by the Epistle of Pope Jnnocent to the Constantinopolitans about the matter of the Canons of the Councell of Antioch which were produced against saint CHRISOSTOME of which Sozomene reportes these wordes aboue cited such Canons are reiected by the catholicke Bishops for wee must not patch the inuentions of Heretickes with the canons of Catholickes And whereas afterward some latine collectors haue inserted them into their copies it was in part because they were deceaued about the Canon of the Councell of Constantinople not considering that the Councell of Antioch which was there approued was the Councell of Antioch holden vnder the Emperor Iouian and in part because in those Canons there was nothing either against faith nor against the greater part of Ecclesiasticall discipline Contrariwise in regarde of Ecclesiasticall discipline there were manie good things and which had bene taken from the customes and constitutions of the former Church And that if there were anie canon that hurt the policie of the church it had bene corrected and medicined by the Councell of Sardica But aboue all it is an impertinent thing to saie that the Bishops of the Councell of Antioch ordained by the first of their canons to obserue the canon of the great Councell of Nicea concerning the daie of the celebration of Pasch and so that they were not Arrians For this CouÌcell of Nicea hauing bene holden as Eusebius testifies for two causes the one to decide the controuersies of faith and the other to reconcile the difference of the Pasch the Arrians did imbrace ioyntlie with the catholickes the decree of the Councell of Nicea concerning the obseruation of the Pasch reiected only that of the Faith And therefore the ministers of Germanie in the last greeke impression of the canons of the councells that they haue made at Wittenberg doe iustlie note that although the councell of Antioch approues the decree of the councell of Nicea touching the celebration of the Pasch neuerthelesse that hinders it not from being Arrian For behold what they saie vpon the first canon of the same Councell of Antioch These Antiochian Fathers excomcommunicated and deposed those that sinned in indifferent things soe spake the ministers ignorantlie following Socrates his error and the other Nouatians who put the decree of the Councell of Nicea concerning the obseruation of Pasch amongst indifferent things and excommunicated not nor deposed those that haue presumed to reuerse the pious decree and grounded on the word of God of the Councell of Nicea concerning the eternall and Consubstantiall diuinitie of the Sonne of God but the Arrians would not condemne the Arrians The third obiection that the aduersaries of the church make against the canons of the Councell of Sardica is that they were not contained in the Greeke Code of the Canons of the vniuersall Church compiled and authorised by the Emperor Iustinian which obiection as it containes two heads the one that Iustinian compiled and authorised a Code of Canons and the other that in this Code the canons of the Councell of Sardica were not compreheÌded so they accompanie it with two proofes for that the first head to witt that the Emperor Justinian compiled and authorised a Code of canons contayning the Bodie of the canons of the vniuersall Church they produce the hundred thirtith one new constitution of Iustinian where he vseth these words Wee decree that the holie Ecclesiasticall Canons which haue bene constituted and confirmed by the fower holie Councells shall holde the place of a Lawe And for the proofe of the second to witt that the canons of the Councell of Sardica were not in the code compiled and authorised by Iustinian they alleadge the Epistle of Dionysius exiguus time-fellowe with Iustinian who saith that to the translation that he had made of the Greeke code he had added the canons of the Councells of Sardica and Africke which had bene framed in latine To the first proofe then wee auswere that it is a proofe wouen with the threde of a Cobwebb for Iuctinian speakes not there of anie volume of canons confirmed by the first fowre councells and intends not to saie that he authorises aswell the canons that are actually contained in the first councells as those which are there contained but relatiuelie that is to saie by the confirmation which is there made in grosse of the councells where they are contained but that he authorises and erects into the title of a temporall lawe all the canons actuallie contained in the fowre first councells aswell those that were there first composed as those that hauing bene before obserued by an vnwritten tradition haue bene there confirmed and reduced into writing for so signifies there this alternatiue constituted or confirmed which is sett
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 ãâã canon of the CouÌcell 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 couÌcell of Antioch was abrogated And comenting the fifteeÌth 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 couÌcell of Sardica is not a translation of the antient latine edition which was curreÌt 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 editioÌ 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 BalsamoÌ 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 FloreÌce by Demetrius Gara Lascaris other greekes ãâã froÌ the sack of ConctaÌtinople 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 couuÌcell 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
first man who against the Ecclesiasticall canoÌ made vse of an appeale wee bring two Answeres the one that those wordes are not the wordes of Socrates but the wordes of an hereticall author from whom Socrates reports them to wit from Sabinus who to calumniate saint CYRILL who although for feare of Constantius the Arrian Emperor he did then communicate outwardly with the Arrians neuerthelesse was in doctrine and beleefe a catholicke reproaches it to him that he had appealed rom the Councell of Cesarta in Palestina wherein he had bene deposed by the Arrians and had put in his appeale to the Councell of Seleucia holden by the Arrians but wherein there were manie couert catholicks and which communicated not with the Arrians but in the receipt of the Sacraments and differd wholie from them in faith The truth of his Answere appeares both by this that Socrates in the beginning of this historie saith that he hath abridged it from the collection of Sabinus Let the Readers saith he curious to know things in particular search them in the collections of Sabinus where they are at large sett downe wee running ouer them haue but extracted heads And by the canon whereto this Author saith that Cyrill contradictes which was a canon of the Councell of Antioch holden in the dedication which Councell Socrates was so farr from thinking it lawfull as contrariwise not only in the same historie he makes an Apostrophe against the memorie of Eleusius who had qualified the Bishops of the Councell of Antioch with the title of Fathers and askes him How ò Eleusius dost thou call those Fathers that were assembled at Antioch and deniest that title to their Elders And a little after that if those that were assembled at Antioch haue rooted out their Fathers those that followe them followe Paricides but also in the cause of saint CHRISOSTOME he saith that the canon of the Councell of Antioch which was produced against him had bene forged by the Arrians And in deede how could Socrates haue held the Bishops appeales for a new thing and coÌtrarie to the canon of the Church hee that alleadgeth for a reproach of nullitie against the Councell of Antioch that the lawe of the Church imported that those thinges that were done without the Bishop of Romes consent were nullities And who had said speaking of Paule Bishop of Constantinople of Asclepas Bishop of Gaza in Palestina of Marcellus primat of Ancyra in Galatia and other Bishops deposed by the Councell of Antioch and other Councells of the East and yet had had recourse to the Pope the Bishop of Rome because of the prerogatiue of his Church armed them with confident letters and writt into the East and restored them euery man to his place and that a longe while before the action of Cyrill and of the Councell of Seleucia The other answere is that Sabinus himself did not pretend to saie by that that Cyrill had done a new thing and coÌtrarie to the lawes of the Church or as the words of Sabinus imported from a lesse Tribunall to a greater that is to saie from the Councell of Palestina to that of Seleucia in appealing from one Synod to an other For the Councell of Antioch it self vpon which Sabinus grounds himself ordaines that a Bishop còdeÌned may haue recourse to a greater Synod But for this that he had in his appeale followed the forme of secular appeales for as much as he had taken to speake according to the stile of this time a releefe of appeale from the imperiall Chancerie that is to saie had taken letters from the Emperor to oblige the Bishops of the Councell of Seleucia and particularly the Acacians who being Arrians and fauourd by the Officers of the Emperor who assisted at the Councell who were ãâã would not haue suffered that the cause of Cyrill who had bene condemned by ãâã in the Councell of Palestina should againe haue bene put to triall to receaue his Appeale and to renew the examination of his cause This appeares both by the beginning of the historie of the Councell of ãâã where it is said that diuers letters of the Emper ors were brought where of some ordained that they should first treat of matters of faith and others that they should first handle the causes of accused Bishops And by the very words of Sabinus against Cyrill which are As soone as he had bene deposed hauing sent a libell of appeals to those that had deposed him he appealed to a greater iudgement to which appeale the Emperor Constantius added his suffrage and this Cyrill did only the first against the Custom of the ãâã Canon making vse of Appeales as in lay iudgments By which words Sahinus intended not to saie that Cyrill was the first that appealed from a lesser Synod to a greater but that hee was the first the vsed the forme of secular appeales in Ecclesiasticall iudgement that is to saie that had recourse to the Emperor to cause his appeale to be accepted And therefore hee saith not that he was the first that vsed appeales but that hee was the first that vsed them as in laie-Iudgments And this finallie appeares by the same Canon of the Councell of ãâã the transgression whereof ãâã obiects to S CYRILL which Canon forbids not that wee may appeale from a lesser Synod to a greater contrariwise ordaines it in expresse words but forbids that they should haue recourse to the Emperors authoritie and setts downe the deffence in these words If any Priest deposed by his owne Bishop ãâã ãâã Bishop deposed by a Synod presume to importune the eares of the Emperor whereas he should haue recourse to a greater Synod and referr the right that he ãâã he hath to a greater number of Bishops let him not be receaued to ãâã From whence it appeares that this that Sabinus reprehended in Cyrill was not that he had appealed from the Synod of Palestina to a greater Synod to witt to that of Seleucia which was compounded of all the East but for hauing recourse to the Emperor for hauing obtained letters from him to cause his appeale to be accepted which is that that he calls to vse appeales as in lay iudgments for as much as in lay iudgments the Emperor gaue letters to oblige the seconde Iudges to ãâã the appeale and the first to yeeld to it TO the second instance which is that in the first generall Councell of Constantinople it was ordained that those that would accuse a Bishop should accuse him to the Synod of the Prouince and if the Synod of the Prouince did not content them they should haue recourse to the Synod of the Patriarkship and that after it should noe more be lawfull neither to importune the eares of the Emperor nor to disquiet a generall Councell wee answere that he speakes of the accusers of Bishops and not of Bishops accused that is to saie that he pretends not to ordaine that it should
S. GREGORIE alleadgeth this lawe it is not to applie it to the meritt of Steuens cause but to shewe that Steuen ought to be drawne in iudgement before the Councell of his Prouince and not before the Councell of an other prouince And indeede how could S GREGORIE haue pretended that in maior causes that is to saie wherin there were handled either the finall deposition of Bishops or matters of Faith the Patriarks sentences not to be subiect to appeale he that cries out Do not you know that in the cause that John the priest had hee meanes John a priest of Chalcedon who had bene condemned for a matter of faith at Conctantinople against our brother and Colleague Iohn Bishop of Constantinople he hath had recourse according to the canons to the Sea Apostolick and that it hath bene defined by our iudgement To the fifth Instance which is that the Emperors LEO and Constantine saie that the Sentence of the Patriarke is not subiect to appeale and is not to be retracted by an other Iudge as being the Prince of Ecclesiasticall iudgement Wee saie that those two Emperors who haue written since the Schisme of the Greeke Church speake of the Patriarke by excellencie that is to saie of the Patriarke of Constantinople whom they beleeue to holde the place of Pope in the East for they esteemed the sentences of other Patriarkes to be subiect to appeales but they beleeued that the sentences of Patriarkes vniuersall that is to saie according to them of the Pope and of the Patriarke of Constantinoplee whom they associated with the Pope in the Right of vniuersall Patriarke for as much as Constantinople was a second Rome and the Patriarke of Constantinople for this occasion according to them a second Pope were not subiect to appeale This appeares both by the tenth Article of the sixth title were they saie the iudgement of all Metropolitanshipps and Bishopricks belonge to their proper Patriarke but to him of Constantinople it is lawfull to confirme and reforme and determine the contestations bredd in other Seas And by Balsamon who writes vpon the fifth canon of the Councell of Antioch that this comdemnation is ment of Synods not subiect to appeale as of the Pope and of the Patriarke of Constantinople To the sixth and last Instance which is that Photius saith that from the Patriarks there is noe appeale wee answere it is not Photius that speakes for Photius inserts not in his Nomocanon but the only texts of the constitutions of the Emperors without mingling anie thing of his owne but that these are the words of the constitution of Iustine vnckle to Iustinian to which wee haue aboue answered who saith alluding to the eighth lawe of the fourth title of the code for against such Episcopall sentences as it hath bene ordained by our elders there is noe appeale Of which words the Greeke Bookebinders or Exemplifiers haue made for against the sentences of such Bishops that is to saie of the Patriarks there is noe appeale Together that if Photius the author of the Schisme that still continues betweene the latine and Greeke Churches had written these words to defend the inuasion made vpon the Sea of Ignatius true and lawfull Patriarke then aliue and to hinder the appeale that Ignatius had put in against Photius and his pretended Synod to the Pope ãâã taking effect it would haue borne noe weight But so farr ãâã it from being soe as not only Photius but after him Simon Logothetae Zonara Balsamon Alexios Blastares Harmenopolus and other greeke canonists insert into their collections the canons of the Couucell of Sardica and particularly the third fourth fifth by which the Episcopall appeales of all the prouinces are yeelded to the Pope but also that vnder the verie title of the retractation of the sentences of Bishops vnder which he registers this constitution of Iustine he quotes third fourth fifth canon of the Councell of Sardica which ordaine that the Episcopall appeales should be remitted to the Pope For to this that Zonara to preserue the Easterne appeales to the Patriarke of Conctantinople saith that the Councell of Sardica in making the Rule of the Episcopall appeales intended to yeeld noe more to the pope but the westerne Appeales Wee saie besides this that this exceptioÌ defaulketh not Africa which made a parte of the westerne prouinces and was subiect to the Prouost of the Pretory of Italie it is against the precise intention of the Councell of Sardica which publisht this Rule expresselie to abrogate the canon of the Councell of Antioch and to iustifie the restitution that Pope ãâã had made of saint ATHANASIVS Patriarke of Alexandria and of Paule Bishop of Constantinople of Marcellus primate of Ancyra in Galatia and of Asclepas Bishop of Gaza in Palestina who had bene deposed from their Seas by the Councells of Tyre of HierusaleÌ of Antioch other Easterne CouÌcels IuliuÌ saith Zosom receiued Athanasius Bishop of AlexaÌdria Paule Bishop of ConstaÌtinople Marcellus Bishop of Ancyra in Galatia Asclepas Bishop of Gaza in Palestina and Lucius Bishopp of Andrinople into his communion and because that to him for the dignitie of his Sea the care of all things belonged he restored to each of them his Church And elsewhere speaking of the Fathers of the Councell of Sardica they answered that they would not seperate themselues from the communion of Athanasius and of Paule and Principally for as much as Iulius Bishop of Rome had examined their cause and had not condemned them And therefore Balsamon seeing that this euasion could not subsist hath inuented an other which is that the councell of Sardica had indeede yeelded to the Pope the appeales of all Bishops but that Constantinople hauinge since bene erected to the title of the secoÌd Rome the right of appeales hath bene deuided betwene the Pope and the Patriarcke of Constantinople Those thinges said Balsamon commenting the third canon of the councell of Sardica which are heere defined of the Pope ought also to bee extended to the Patriark of Constantinople because by diuers Canons he meaneth the canons of the councell of Chalcedon and of the conncell surnamed Trullian by which he pretendes that he Bishop of Constantinople was made equall to the Pope excepting precedence he hath bene honored with priuiledges in all things equall to those of the Pope And againe commenting the fift canon of the same councell of Sardica This priuilege belongeth not to the Pope alone that it should be necessarie that euerie condemned Bishop haue recourse to the Sea of Rome but it ought also to be vnderstood of the Sea of Constantinople And Nilus Archbishop of Thessalonica The tweÌtie eight canoÌ of the councell of ChalcedoÌ and the thirtie sixt of the sixth synod honoring the Sea of Constantinople with the same priuiledges as the Sea of Rome yeelde also manifestlie the ãâã to the Sea of Constantinople And so much for the Councell of Sardica CARDINALL
PERRONS REPLIE TO THE KING OF GREAT BRITAINE THE FOVRTH BOOKE THE ESTATE OF THE CHVRCH IN THE EAST CHAPT I. The continuance of the Kings answere HAd anie one presumed to alter or disguise euer so little the faith approued by the vvhole world it vvas easie euen for a Child to surprise and discouer in his noueltie him that should bring in a different doctrine and the robber of the truth being surprised all the pastors of the vvorld if it vvere needefull roused themselues vp and being once stirred vp gaue themselues noe rest till they had taken avvay the euill from amongst them and had prouided for the securitie of Christs flocke This vvas heeretofore the designation and felicitie of the Catholicke church but vvhich indured noÌt manie ages THE REPLIE APPELLES answered one daie to one of this Schollers that had painted a Venus loaded with pearles carkanets and iewells because thou couldst not paint her faire thou hast painted her rich so though this discription be not adorned with truth which is the simple naked and naturall beautie of historie it is eloquent and adorned with rich and magnificent wordes But S. BASILL and S. HIEROM paint out the estate of Religion in their time in the east much otherwise S. BASILL when he saith To what shall we compare the state of the present times certainlie to a Sea-fight when Sea Captaines chased with the warr and inflamed to the combate set one vpon an other with a violent hate and nourisht with old iniuries And a while after The troubles stirred vp by the Princes of the earth swallow vp the people more horribly then all kinds of ãâã windes and tempests and a darke and sad night possesses the Churches the lights that God had placed to illuminate the soules of men being banisht from their Seas And S. HIEROME when he writes Because the East striking against it selfe by the antient furie of the people teares in little morsells the vndeuided coate of our lord wouen on high and that the foxes destroie the vine of Christ in such sort as it is difficult amongst the drie pitts that haue noe water to discerne where the sealed fouutaine and the inclosed garden is for this cause I haue thought that I ought to consult whith the Chaire of Peter and the faith praised by the mouth of the Apostle And a while after Now in the west the sunn of iustice is risen and in the East that Lucifer which was fallen hath sett vp his Throne aboue the starrs you are the light of the world you are the salt of the earth you are the vessells of gold of Syluer and the vessells of earth or wood doe here attend the rod of iron and the eternall And the historie of the following ages doth euen the same For when ãâã rose vp and after he had bene iudged in the first instance by Flanianus Bishop of Constantinople appealed or pretended to haue appealed to the Pope and was againe iudged and deposed in the second instance by him what came of it The Emperor Theodosius gouerned by ãâã an abettor of Eutyches caused a Councell to be held vnder the title of Generall at Ephesus where by force and by strong hand he caused Dioscorus the PatroÌ of Eutyches heresie to preside the legates of the Pope for this cause quitting the place fled In that CouÌcell Eutyches was restored Flauianus deposed and slaine after he had neuerthelesse appealed from his condemnation to the Pope and the Eutychian heresie was subscribed by Dioscorus Patriarke of Alexandria Maximus Patriarke of Antioch Iuutnall Patriarke of Hierusalem and almost by all the Bishops of the Councell some by their good wills and others by force The Pope againe takes the cause of the faith in hand pursues the holding of a new Councell which was that of Chalcedon were that heresie is condemned and Dioscorus and Eutyches and all his abettors deposed and excommunicated and in Dioscorus steed there was substituted in the patriarkshipp of Alexandria Proterius a catolicke and partaker with the Councell of Chalcedon to Proterius there succeeded Timothie an ãâã and paracide of his Predecessor who againe sett on foote the Eutychian heresie in the Sea of Alexandria and in Egipt and disannulled there the decrees of the Councell of Chalcedon a while after into the Sea of Antioch there entred PETER surnamed the Tanner likewise an enemie to the Councell of Chalcedon and professor of the heresie of ãâã Likewise there came to Constantinople Acacius who communicated with Peter Bishop of Antioch and there was installed in the Empire Zeno an Eutychian and disannuller of the Councell of Chalcedon and all the Easterne Church miserablie rent by the factions of those that held some for the Councell and some against it and others neither for nor against it whom they called neuters so longe that after some changes of Patriarks sometimes Catholicks and some times Eutychians all the naturall Churches of Egypt and those of Ethiopia that is to saie all that acknowledged the Egiptian Patriarke of Alexandria haue remained and perseuered still to this daie in the profession of the Eutychian heresie Such was then in the east vnder the Emperors abusing their authoritie the designation and felicitie of the Church and such was the facilitie euen for Children except those that cast their eyes vpon the communion of the Roman Church to knowe the robbers of the truth and for pastors to driue awaie the euill from among them For as for the west the Patriarshipp of the Roman Church hath alwaies had this particular blessing that within the ãâã of the extent thereof the Catholicke Church notwithstanding the infidelitie of the Emperors had bene without comparison more visible and more eminent as being the Ensigne Colonell and that where to the others ought to haue regard and vnder which they should gather themselues then in the other Patriarkships From whence it is that what S. HIEROM writes in the forme of a historie of former times when he saith to Pope Damasus The wicked children hauing dispersed their patrimonie amongst you ãâã is preserued vncorrupted the inheritance of the fathers S. LEO seemeth to saie it informe of a prophecie of those that are to followe who pronounces That none of the Patriarchall ãâã sauing that of Rome shall remaine firme and stable What the diuision of the Empire hath wrought to the diuision of the Church CHAP. II. The continuance of the Kinges answere FOR after the Empire being ouerthrowne and the forme of the common wealth changed new gouernments haue risen vp manie in number different in manners distinct in languages lawes and institutions The diuision of the Empire hath drawne after it the diuision of the Catholicke Church and all those thinges that wee saie nowe to haue serued ãâã to the preseruation of the vnion and externall Communion of the Catholicke Church haue ceased by little and little THE REPLIE THE diuision of the Empire hath not