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A11516	The historie of the Councel of Trent Conteining eight bookes. In which (besides the ordinarie actes of the Councell) are declared many notable occurrences, which happened in Christendome, during the space of fourtie yeeres and more. And, particularly, the practises of the Court of Rome, to hinder the reformation of their errors, and to maintaine their greatnesse. Written in Italian by Pietro Soaue Polano, and faithfully translated into English by Nathanael Brent.; Historia del Concilio tridentino. English	Sarpi, Paolo, 1552-1623.; Brent, Nathaniel, Sir, 1573?-1652.	1629 (1629)	STC 21762; ESTC S116697	1,096,909	905

sint vel minus boni quam caeteri mortales esse solent Englished thus No man expects any sanctitie in Popes now a dayes they are thought to be excellent Popes if they haue neuer so little honestie or be not so wicked as other men vse to be Last of all thou mayest reade an Epistle written by that famous Prelate Bishop Iewell as an answere to a friend of his who liued neere the place and in the time of this vnlawfull assembly or conuenticle at Trent In it thou mayest finde reason enough why the Church of England did neither send Prelates to it nor receiue afterwards the Decrees and Constitutions of it As likewise the Church of France refused to doe though their Bishops were present in it When thou hast read these things consider well of them and the Lord giue thee a true vnderstanding in all things GREGORIE GREGORIE to the Emperour MAVRICIVS concerning IOHN Bishop of Constantinople who hath assumed the name of Vniuersall Bishop Chap. 76. OVrmost religious Lord whom God hath placed ouer vs Ep. 32. amongst other weighty cares belonging to the Empire doth labour by the iust rule of holy writ to keepe the Clergie in peace and charitie Hee truely and piously considereth that no man can well gouerne matters terrene except he can manage well things Diuine also and that the Common-wealths peace and quiet depends vpon the tranquillity of the Church Vniuersall For most gracious Souereigne what humane power or strength would presume to lift vp irreligious hands against your most Christian Maiestie if the Clergie being at vnitie amongst themselues would seriously pray vnto our Sauiour CHRIST to preserue you who haue so well deserued of vs or what Nation so barbarous as would exercise such cruelty against the faithfull except the liues of vs who are called Priests but indeede are not were most depraued and wicked But whilest we leaue those things which belong not vnto vs and imbrace those things for which wee are not fitte wee raise the Barbarians vp against vs and our offences doe sharpen the swordes of our enemies by which meanes the Common-wealth is weakened For what can wee say for our selues if the people of God ouer whom wee are though vnworthily placed bee oppressed by the multitude of our offences if our examples destroy that which our preaching builds and our works giue as it were the lye to our doctrine Our bones are worne with fasting but our mindes are puft vp Our bodies are couered with poore clothing but in our hearts wee are as braue as may be We lie groueling in the ashes but ayme at matters exceeding high Wee are teachers of humilitie but patternes of pride hiding the teeth of wolues vnder a sheepes countenance The end of all is to make a shew to men though God knoweth the trueth Therefore our most pious Souereigne hath been most prudently carefull to set the Church at vnitie that hee might the better compose the tumults of warre and to ioyne their hearts together This verily is my desire and doe yeeld for my part due obedience to your souereigne commands Howsoeuer in regard it is not my cause but Gods and for that not I onely but the whole Church is troubled because religious Lawes venerable Synods and the very precepts of our Lord IESVS CHRIST are disobeyed by the inuention of a proud and pompous speech my desire is that our most Religious Souereigne would lance this sore and would tie the partie affected with the cords of his Imperiall authoritie in case hee shall make his resistance By binding of 〈◊〉 the Common-wealth is eased and by the paring away of such excremen 〈…〉 as these the Empire is inlarged All men that haue read the Gospel doe know that euen by the very words of our LORD the care of the whole Church is committed to S. Peter the Apostle Prince of all the Apostles For to him it is sayd a Iohn 21. Peter louest thou me Feede my sheepe b Luke 22. behold Satan hath desired to winnow thee as wheate and I haue prayed for thee that thy faith should not faile and thou being at the last conuerted confirme thy brethren To him it is said c Matt. 16. Thou art Peter and vpon this rocke I will build my Church and the gates of hell shall not preuaile against it And to thee I will giue the Keyes of heauen and whatsoeuer thou bindest on earth shall be bound also in heauen and whatsoeuer thou shalt loose on earth shall bee loosed also in heauen Behold he hath the Keyes of the Kingdome and the power of binding and loosing is giuen vnto him The care and the principalitie of the whole Church is committed to him and yet is not called Vniuersall Apostle howbeit this most holy man Iohn my fellow Priest laboureth to bee called Vniuersall Bishop I am inforced to crie out and say Oh corruption of times and manners Behold the Barbarians are become Lords of all Europe Cities are destroyed Castles are beaten downe Prouinces depopulated there is no husbandman to till the ground Idolaters doe rage and domineere ouer Christians and yet Priests who ought to lie weeping vpon the pauement and in ashes desire names of vanitie and doe glory in new and profane titles Doe I most Religious Souereigne pleade herein mine owne cause Doe I vindicate a wrong done to my selfe and not maintaine the cause of God Almighty and of the Church Vniuersall Who is hee who presumeth to vsurpe this new name against both the law of the Gospel and of the Canons I would to God there might bee one called Vniuersall without wronging of others We know that many Priests of the Church of Constantinople haue been not onely heretiques but euen the chiefe leaders of them Out of this schoole proceeded Nestorius who thinking it not to be possible that God should be made man did beleeue that IESVS CHRIST the Mediatour betweene God and man was two persons and went as farre in Infidelitie as the Iewes themselues Thence came Macedonius who denied the holy Ghost consubstantiall to the Father and the Sonne to be God If then euery one in that Church doth assume that name by which hee maketh himselfe the head of all good men the Catholique Church which God forbid must needes bee ouerthrowen when hee falleth who is called Vniuersall But let this blasphemous name be farre from Christians by which all honor is taken from all other Priests while it is foolishly arrogated by one It was offered to the Bishop of Rome by the reuerend Councell of Chalcedon in honour of S. Peter Prince of the Apostles but none of them either assumed or consented to vse it lest while this priuiledge should be giuen to one all others should bee depriued of that honour which is due vnto them Why should we refuse this name when it was offered and another should assume it without any offer at all This man contemning obedience to the Canons is the rather to be humbled

Baptisme and of the Communion of the flesh of CHRIST What other spirituall things are there beside these And if there were how can hee who is partaker of these which are the chiefest be sayde absolutely in generall termes to be vncapeable of spirituall things But they sayd that the Minor was false also that causes appropriated to the Episcopall iudicature are spirituall For all either delicts or contracts which considering the qualities giuen by the holy Scripture to spirituall things are as farre from being such as earth is from heauen But the opposition of the better part could not ouercome the greater and so vpon the spirituall power giuen by CHRIST to the Church to binde and loose and vpon the institution of Saint Paul to compose contentions betweene Christians without going to the tribunall of Infidels in much time and by many degrees a temporall tribunal hath beene built more remarkeable then euer was any in the world and in the midst of euery Ciuill gouernement another instituted not depending on the Publike which is such a kinde of Common-wealth as not one of as many as haue written of gouernments would haue imagined could subsist I will omit to speake how the paines of so many besides the obtaining of the wished end To make themselues independent of the publike haue before they were aware raysed an Empire there being a more difficult opinion sprung vp taking root with admirable progresse which giueth to the Pope of Rome as much at once as hath in 1300. yeeres beene gained by so many Bishops by such extraordinarie meanes not making the power to binde and loose the foundation of iurisdiction but the power of feeding and so affirming that all iurisdiction was giuen the Pope by CHRIST in the person of Peter when he sayd to him Feede my sheepe For so it will be said in the third reduction of the Councell when great tumults were raised by this opinion which shall then be recounted But by that which hath been now declared euery one may of himselfe conceiue what remedies were necessarie to giue a tolerable forme to a matter broken out into so great corruptions and compare them with these that were proposed In Trent there were two defects considered that is that the charitie of the superiours was turned into domination and the obedience of the inferiours into complaints subterfuges and lamentations and they first thought of prouiding in some sort against them both But in prosecuting the first which is the fountaine from whence the second is deriued they vsed onely an exhortatorie remedie to the Prelates to take away domination and restore charitie And for the inferiours many subterfuges beeing mentioned to delude iustice three heads onely were taken Appeales absolutorie graces and complaints against the Iudges Iohannes Groperus who assisted in that Councell as a Diuine and a Lawyer spake honourably of Appeales and sayd that while the heat of faith remained in the brests of Christians Appeales were not heard of But charitie in the Iudges waxing colde and place being giuen to passion they entred into the Church for A discourse of Iohannes Groperus concern●ng Appeales the same reasons which brought them into the secular Courts that is for the ease of the oppressed And as the first iudicatures belonged not to the Bishop onely but to him with the councell of his Priests so the Appeale was not deuolued vnto one man but vnto another Congregation But the Bishops taking away the Synods did institute Courts and officers like the seculars Neither did the mischiefe stoppe there but passed to greater abuses then in the Secular court For there the first Appeale is onely to bee immediate superiour neither is it lawfull to leape to the highest nor permitted in the articles of the cause to appeale from the Decrees of the Iudge which they call interlocutories but it is necessarie to expect the end But in the Ecclesiasticall Courts one may appeale from euery acte which maketh the causes infinite and immediately to the highest Iudge which carryeth them out of the Countreys with great charges and other intolerable mischiefes This hee said hee did declare to conclude that if they would reforme this matter which is wholly corrupted and doeth not onely hinder residencie as in the Congregations of so many worthy Doctours and Fathers was considered but corrupteth the whole discipline and is a grieuance charge and scandall to the people it was fit to reduce it to its beginning or as neere to it as might bee setting a perfect Idea before their eyes and ayming at that to come as nigh to it as the corruption of the matter doth comport That the well instituted monasticall religions haue forbidden all appeale that this is the true remedie Hee that hath not beene able to goe so high hath moderated them granting them within their order and forbidding them without which succeeding well as appeareth to keepe those gouernments in order it would worke the same effect in the publike gouernments of the Church if the Appeales were confined within the same Prouince And to effect this and to bridle the malice of the litigants it is sufficient to reduce them to the forme of the Common lawes forbidding the Leap that is to go to the highest without passing by the intermediate superiours and by forbidding Appeales from the Articles or the interlocutory Decrees with which prouisions the causes will not goe farre will not be drawne in length will not cause excessiue charges and other innumerable grieuances and that the sentences may passe with sinceritie to restore the Synodals which are not subiect to so great corruptions remouing those officers by whom the world is so much scandalized because it is not possible that Germany should endure them This opinion was not willingly heard except by the Spaniards Dutch-men But the Cardinall the Nuncio of Siponto were displeased that hee went so farre For this was to take away not onely the profit of the Court but the honour also no cause would goe to Rome and by degrees euery one would forget the superioritie of the Pope it beeing an ordinary thing with men not to esteeme that Superiour whose authoritie is not feared or cannot be vsed Therefore they caused Iohn Baptista Castellus of Bolonia to speake in the next Congregation in the same matter in such sort as that without contradicting Groperus the appearance which the reasons alleadged by him did make should bee darkened Hee beganne with the prayses of the ancient ●n opposition whereof Iohannes Baptista Castellus maketh another discou●se by direction of the Presidents Church yet dexterously touching that in those same times there were imperfections in some part greater then in the present He thanked GOD that the Church was not oppressed as when the Arians did scarce suffer it to appeare and said that antiquitie ought not so to be commended as that something in the latter age may not bee reputed better Those who praise the Synodall iudicature haue not seene their defects

commission declared that the Popes minde concerning the Councell was the same as before that is that it should one day bee celebrated that hee had suspended it by Caesars consent to make way first to some concord in Germanie but seeing this to bee in vaine hee returned to his former opinion not to deferre the celebration of it But that hee could not consent to make it in Germanie because hee meant to bee there in person and that his age and length of the way and so great a change of the ayre hindered his going into that countrey And that it seemed not more commodious for other Nations Beside that there was a great probabilitie to feare that the differences could not be handled without commotions Therefore that Ferrara Bolonia or Piacenza all great and most opportune cities seemed to him more fit But in case they liked them not hee was contented to call it in Trent a Citie at the Confines of Germanie That his will was to begin it at Whitsontide but for the straightnesse of the time hee had prorogued it to the thirteenth of August Hee prayed them all to bee present there and laying aside all hatred to handle the cause of God with sinceritie Ferdinand and the Catholike Princes thanked the Pope and sayd that not being able to obtaine a fit place in Germanie as Ratibon or Collen they were contented with Trent But the Protestants would not agree 〈◊〉 Trent is named for the place of the Councel but the Protestants would not consent ther that the Councell should be intimated by the Pope or that Trent should be the place which was the cause why nothing was determined in that Diet concerning the Councell Howsoeuer the Pope sent out a Bull of the intimation the two and twentieth of May this yeere wherein hauing declared his desire to prouide The Pope publisheth the Bull of the in t 〈…〉 against the euils of Christendome hee sayd hee had alwayes thought vpon the temedies and finding none more fit then a Councell hee was constantly resolued to call it and making mention of the Conuocation at Mantua then of the suspension after of the Conuocation at Vicenza and of the other suspension made in Genua and finally of that other during pleasure hee went on to shew the reasons that induced him to continue the same suspension vntill then These were Ferdinends warre in Hungary the rebellion of Flanders against the Emperour and the things that happened in the Diet of Ratubon expecting a time appointed by God for this worke But considering in the end that euery time is acceptable to his diuine Maiestie when holy things are handled hee resolued to expect no other consent of the Princes and because hee could not haue Vicenza beeing willing to giue satisfaction to Germanie concerning the place and vnderstanding they desired Trent though a Citie more within Italy seemed to him more commodious yet his fatherly charity inclined his will to yeeld to their demands and hee chose Trent to celebrate there an Oecumenicall Councel the first of Nouember next and that he interposed that time that his Decree might be published and the Prelates haue time to arriue at the place Therefore by the authoritie of the Father the Sonne and the Holy Ghost and the Apostles Peter and Paul which himselfe exerciseth on earth by the counsell and consent of the Cardinals all suspensions being remooued hee intimateth an holy Oecumenicall and generall Councell in that Citie a fit place free and opportune for all Nations to bee begun the first of that moneth prosecuted and ended calling all Patriarches Arch-bishops Bishops Abbats and those who by law or priuiledge haue voyce in generall Councels and commanding them by vertue of the Oath made to him and the Apostolique Sea and by holy obedience and vnder the punishments by law or custome to bee inflicted vpon the disobedient to bee there in person or in case they shall bee hindered to make faith of the hinderance or send proctors praying the Emperour the most Christian King and all other Kings Dukes and Princes to bee personally present or in case they cannot to send Ambassadours men of grauitie and authoritie and to cause the Bishops and Prelates of their Kingdomes and Prouinces to goe thither desiring further of the Prelates and Princes of Germany for whose sake the Councell is intimated in the place they wished that the things may bee handled which belong to the trueth of Christian religion to the correction of manners to the peace and concord of Christian Princes and people and oppression of the Barbarians and Infidels The Bull was presently sent from Rome to allso inches but went not forth in a fit time For Francis the French King hauing in Iuly denounced warre in threatning tormes against the Emperour and published it by a booke which boo 〈…〉 hee made it at the same instant in Brabant The French King maketh warre against the Emperor The Emperor excepted against the Bul and complayneth of the French King 〈…〉 nt and 〈◊〉 The Emperour hauing receiued the Bull of the Councell answered the Pope that he was not satisfied with it For hauing neuer refused any paines danger or dost that the Councel 〈…〉 ght bee ended and contrarily the French King hauing alwayes endeauoured to hinder it reseemed strange vnto him that they were compared and made equall in the Bul and rehearsing all the iniuries which he protended to haue receiued from the King added also that in the last Diet at Spira he had laboured by his Ambassadours to cherish the discords of religion by promising friendship and fauour to either party In fine he referred it to his Holinesse to consider if the actions of that King did ferue to remedie the mischiefes of the Christian Common-wealth and to begin the Councell which hee did euer crosse for his priuate gaine and had constrained him who did perceiue it to finde a way to reconcile the differences of religion Therefore in case the Councel shall not be celebrated that his Holinesse ought not to blame him but the King and denounce warre against him if hee meant to assist the publique good because this is the onely way to call the Councell establish religion and regaine peace The King presaging what imputations would bee layd vpon him for The French King waxeth cruell against the Protestants to free himselfe from the imputations laid vpon him by the Emperour making a warre to the hurt of religion and hinderance of the seruice of God which might bee expected from the Councel preuented it by publishing an Edict against the Lutheranes commanding the Parliaments to execute it inuiolably with seuere charge that all should bee appeached who had bookes differing from the Church of Rome that made secret conuenticles that transgressed the commandements of the Church and especially that obserued not the doctrine of meates or prayed in any tongue but the Latine and commanded the Sorbonists to be diligent spies against them Afterwards vnderstanding the

needes bee a power of iurisdiction Concerning Order hee said a Bishop was of an higher degree then a Priest hauing all the power of him and two powers more yet notwithstanding cannot bee called his superiour as a Subdeacon is foure degrees higher then a doore-keeper yet not superiour vnto him Hee prooued this his opinion by the generall vse of the whole Church and all Christian Nations and alleadged diuers authorities out of the Fathers Finally hee came to the holy Scripture citing many places of the Prophets to shew that this authority is called the authority of a Pastor saying that the vniuersalitie of it was giuen to S. Peter when CHRIST said Feede my Lambes and some of it imparted by Peter to the Bishops when he bad them Feede the flocke which they haue in their custodie And this opinion had great applause But before those of this fourth ranke made an end of speaking the Spanish Prelates resoluing the point should bee handled whether Bishops are instituted by CHRIST after they had consulted together did conclude that it was better the first motion should begin in the Congregations of the Diuines that themselues might with more shew of reason resuming the things spoken before discourse vpon them and compell others to doe the like Therefore in the Congregation of the first of October Michael Oroncuspe a Diuine of the Bishop of Pampelona said to the seuenth that being to qualifie or condemne a proposition which hath many significations it was necessary to distinguish them and afterwards to examine them one by one and hee thought the proposition whether Bishops bee superior to Priests to be such For one must distinguish whether they be superiours de facto or de iure That they are superiours de facto it cannot be doubted because present experience and the Histories of many ages doe shew that Bishops haue exercised superiority and Priests obedience Therefore this Article being without question the other de iure remaineth to bee discussed Wherein there is another ambiguitie also whether Iure Pontificio or Diuine In the first sense the case is cleere that they are superiours there beeing so many Decretals which say it expressely which howsoeuer it bee true and certaine yet the Lutherans are not in this regard to be condemned for heretiques because that cannot bee an article of faith which is grounded only vpon the law of man and deserue to be condemned for denying the superiority of Bishops onely in case it bee d●iure Diuino He added that he thought this point very cleere and that he could euidently prooue it and resolue anything alleadged to the contrarie saying hee must not proceed further beeing prohibited to speake of it And here he shewed that the Ministery of Confirmation and Ordination is proper to Bishops And hauing spoken vpon the eighth Article in conformitie of the others he ended his discourse Iohannes Fonseca a Diuine of the Archbishop of Granata followed who The institution of Bishops is discussed entred brauely vpon the matter saying it neither was nor could be forbidden to speake of it For the Article being proposed to be discussed whether it be hereticall or no it is necessary to vnderstand whether it bee against fayth against which it cannot be if it doe not repugne to the Law of GOD. He sayd hee knew not whence the report came that one might not speake of it because by the very proposition of the Article it was commanded to be discussed And here hee proceeded to handle not the superiority alone but the institution also affirming that Bishops are instituted by CHRIST and by his diuine ordination superiours to Priests He said that if the Pope be instituted by CHRIST because hee hath said to Peter I will giue thee the keyes of the Kingdome and Feede my Lambes Bishops are likewise instituted by him because he hath said to all the Apostles That which you bind on earth shall be bound in heauen and whose sinnes you remit they are remitted saying to them afterwards Goe into the whole world and preach the Gospel And which is more he said vnto them As my father hath sent me so I send you And if the Pope be successour of S. Peter the Bishops are successors of the Apostles alleadging many authorities out of the Fathers that the Bishops are successours of the Apostles And in particular he recited a long discourse of S. Bernard in this point to Eugenius the Pope and a place of the Actes of the Apostles where S. Paul saith to the Ephesians that they were made Bishops by the holy Ghost to gouerne the Church of GOD. Hee added that to bee confirmed or created by the Pope did not conclude that they were not instituted by CHRIST or had not authority from him For the Pope himselfe is created by the Cardinals and yet hath his authoritie from CHRIST and Priestes are created by the Bishop who doeth ordaine them but receiue their authoritie from GOD So the Bishops receiue the Diocesse from the Pope and authoritie from CHRIST Their superiority ouer Priests he proued to be iure diuino by authoritie of many Fathers who say that Bishops doe succeed the Apostles and Priestes the seuenty two disciples Concerning other particles of this point he said the same things which others had spoken before Cardinall Simoneta was impatient and turned often to his Colleagues and was about Which vexeth Cardinall Simoneta to interrupt the discourse but being entred into vpon so good reason and heard by the Prelates with such attention hee knew not how to resolue After him followed Antonius Grossetus a Dominican Friar who hauing briefly passed ouer the other articles insisted vpon this Hee stood much vpon the wordes of Saint Paul spoken to the Ephesians in Miletum exhorting them to haue a care of the flocke ouer which the holy Ghost had made them ouerseers vpon which place hee made many obseruations He sayd it was first necessary to declare that Bishops haue not commission for their office from men for so they would be hirelings to whom the Lambes doe not belong because the man who had committed the care vnto them beeing satisfied they had no more to thinke on But Saint Paul sheweth that the commission to gouerne the people of GOD is diuine giuen by the holy Ghost to conclude that they could not be excused by any dispensation of man He alleadged the famous passage of Saint Cyprian that euery Bishop is bound to giue an account of CHRIST onely Then he added that the Bishops of Ephesus were not of those who were instituted by CHRIST our LORD while hee was in the flesh but by Saint Paul or some other Apostle or disciple yet no mention is made of the ordainer but all is attributed to the holy Ghost who hath not giuen authority to gouerne but diuided a part of the flocke and consigned it to be fed And here hee made an inuectiue against those who a few dayes before sayd that the Pope doeth disturbe the flocke

some holding that the Pope onely is instituted iure diuino vntill it came to the Arch-bishop of Zara who said it was necessary to adde the words de iure Diuino to condemne that which the heretiques say to the contrarie in the Augustane Confession Varmiense said againe that in that Confession the heretikes did not dissent in this and Zara alleadging the place and the words the contention was so long that the Congregation did end with it In the Congregations following the opinions were diuers also In particular the Arch-bishop of Braga demaunded the same adiunct saying it could not be omitted He prooued at large the institution of Bishops De iure Diuino bringing reasons and arguments like to those of Granata and said that the Pope could not take from Bishops the authoritie giuen them in their consecration which doth containe in it the power not onely of Order but of iurisdiction also because in it the people is assigned to him to be fed and gouerned without which the Ordination is not of force whereof this is a manifest argument that to titular and por●atiue Bishops a Citie is allotted which would not be necessary if the Episcopall Order could subsist without iurisdiction Besides in giuing the Pasto●all this forme is vsed that it is a signe of the power which is giuen him to correctvices And which is of more importance when the Ring is giuen him it is said that with it he doth marry the Church and in giuing the booke of the Gospell by which the Episcopall Character is imprinted it is said that hee must goe to the people committed to him and in the end of the consecration that prayer is say'd Deus omnium fidelium Pastor Rector which since hath beene in the Missals appropriated to the Pope by turning himselfe to GOD and saying that his will is that the Bishop should gouerne the Church Moreouer Innocentius the third said that the spiritual mariage of the Bishop with the Church is a bond instituted by GOD not to bee loosed by the power of man and that the Pope cannot translate a Bishop but because hee hath speciall authoritie to doe it all which things would bee very absurd if the institution of Bishops were De iure Diuino The Arch bishop of Cyprus sayd that it ought to be declared that Bishops are superiors to Priests Iure Diuino but reseruing the authority in the Pope The bishop of Segouia adhearing wholly to the conclusions and reasons of Granata made a long repetition of the places of the heretiques where they denie the superiority of Bishops and their institution to be De iure diuino Hee said that as the Pope is successour of Peter so the Bishops are of the Apostles and that it was plaine by the Ecclesiasticall History and by the Epistles of the Fathers that all Bishops gaue an account one to another of all that happened in their Churches and receiued approbation thereof from others The Pope did the same for the occurrences of Rome Hee added that the Patriarches when they were created sent a circular Epistle to the others to giue them an account of their Ordination and faith which was as much performed by the Popes to others as by others to them that if the power of the Bishops be weakened that of the Pope is weakned also that the power of Order and iurisdiction is giuen to the Bishops by GOD and that the diuision of Diocesses and the application of them to the person proceedeth from the Pope He alleadged an authoritie of Anacletus that Episcopall authoritie is giuen in the Ordination with the vnction of the holy Chrisme that the degree of a Bishop is as well an Order instituted by CHRIST as the Priest-hood that all Popes vntill Siluester haue either professedly or incidently sayd it is an Order which commeth immediatly from God that the words spoken to the Apostles Whatsoeuer yee shall binde on earth c. giue power of iurisdiction which is necessarily conferred vpon the Successors that CHRIST did institute the Apostles with iurisdiction and since that time the Church hath euer instituted Bishops in the same sort Therefore this is an Apostolicall tradition and it beeing defined that points of faith are taken out of the Scripture and Traditions it cannot bee denied that this of the Episcopall institution is an Article of faith and the rather because S. Epiphanius and S. Austine doe put Aerius in the number of heretiques for saying that Priests are equall to Bishops which they would not haue done if Bishops had not beene De iure diuino Fifty nine Fathers were of this opinion and perhaps the number had been Simoneta vseth practises in the point of institution of Bishops greater if many had not been ill at case at that time of a defluction of rheume which then did generally raigne and some others had not fained the same impediment that they might bee out of the crowde and offend none in a matter handled with such passion especially those who for speaking what they thought in the matter of Residence found they had incurred the displeasure of their Patrons as also if Cardinall Simoneta when hee saw matters proceed so farre had not vsed diuers perswasions employing herein Iohannes Antonius Fa●binet●us Bishop of Nicastr● and Sebastianus Vantiue Bishop of Oruieto who perswaded with much cunning that the enterprise of the Spaniards was to shake off their obedience to the Pope and that it would bee an apostacy from the Apostolike Sea to the great shame and damage of Italy which hath no other honour aboue the Nations beyond the Mountaines but that which it receiueth from the Papacy Fiue Churches said it was fit that it should bee declared quoiure all the Orders and degrees of the Church are instituted and from whom they receiue authoritie Some others adhered to him and in particular Pompeius Picholhomini Bishop of Tropeia who making the same instance added that when all the degrees of the Church were handled from the greatest to the least and declared quo iure they were he would deliuer his opinion also concerning the degree of Bishops if the Legats would giue leaue In this number some briefely adhered to the opinion of others who had spoken in this matter and some amplified the same reasons and turned them into diuers formes so that it would be too long to make a narration of all the suffrages which are come into my hands That of George Sincout a Franciscan Friar Bishop of Segna doth well deserue to be repeated who adhering to Granata said that hee would neuer haue beleeued that any could haue doubted whether Bishops are instituted and haue authority from Christ For it they haue it not from his diuine Maiestie neither can the Councell haue any from him which consisteth of BB. that it is necessarie that a Congregation though very populous haue their authoritie from whom the particular persons haue it that if Bishops are not instituted by CHRIST but by men the authoritie