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A12213 A reply to an ansvvere, made by a popish adversarie, to the two chapters in the first part of that booke, which is intituled a Friendly advertisement to the pretended Catholickes in Ireland Wherein, those two points; concerning his Majejesties [sic] supremacie, and the religion, established by the lawes and statutes of the kingdome, be further justified and defended against the vaine cavils and exceptions of that adversarie: by Christopher Sibthorp, Knight, one of His Majesties iustices of his Court of Chiefe Place within the same realme. Sibthorp, Christopher, Sir, d. 1632. 1625 (1625) STC 22524; ESTC S117400 88,953 134

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judgement of Constantine upon this Appeale made to him though by Donatists was not onely justified and approved by S. Augustine but embraced also by other Christian Emperors as Vertuous and confirmed as Religious and honoured of the whole Orthodoxe Church in that time So little cause hath mine Adversarie or any other Papists to mislike of Constantine his meddling therein as if it were unlawfull But secondly my Adversarie answereth that the then Emperor Constantine the Great did remit Caecilianus and the Donatists for the decision and determining of their difference unto Miltiades Bishop of Rome as to his proper and right Iudge It is true that he committed the hearing and determining of that cause unto Miltiades Bishop of Rome but not to him alone as if he were the sole and onely proper and rightfull Iudge in the case but to him together with others For Marcus Rheticius Maternus and Marinus were interested with him in the same Commission The Commission is yet extant in Eusebius to be seene in these words Constantine the Emperor unto Miltiades Bishop of Rome Euseb li. 10. c. 5 and to Marcus sendeth greeting For asmuch as many such Epistles are brought unto mee from Anilinus Lieutenant of Africke wherein it is said that Caecilianus Bishop of Carthage is reprehended in many things by divers of his Colleagues abiding in Africke and this seemeth unto me very grievous that there should be found in those Provinces which the providence of God hath allotted peculiarly unto my government a great multitude of people prone unto the worse and disagreeing And that amongst Bishops there should be such variance My pleasure therefore is that Caecilianus with ten Bishops of his accusers and ten other of his favourers doe come to Rome there to be heard before you both joyning with you Rheticius Maternus and Marinus your Colleagues whom purposely for that matter I haue cōmanded with speed to repaire thither unto you c. And S. Augustine likewise hath before told you Aug Epist 166. that the Emperor committed this cause Non Episcopo sed Episcopis Not to one Bishop in the Singular number but to Bishops in the Plurall number eam discutiendam atque finiendam Episcopis delegavit And againe he saith Colla● 3 diei cum Donatist●● cap 5 Causam Caecilian injunxit eis audiendam elsewhere he also saith Constantinum dedisse Iudices iterum Idem Epist 166 That Constantine gave them Iudges a second time And hee further proveth that those Iudges both the first and second might lawfully judge in that case Idem Epist 162. Eo quod Imperator illos Iudices dedisset Because the Emperor had given those Iudges So that it appeareth very fully and clearely that not Miltiades alone as Bishop of Rome and in his owne right but Miltiades associated and joyned with others namely with Marcus Rheticius Maternus and Marinus were the Iudges in this case and that by Commission and Authoritie granted from the Emperor Yea you see there was afterward also an Appeale from their sentence to the Emperor whereupon the Emperor a second time gave other Iudges From these also 〈◊〉 there a second Appeale to the Emperor himselfe in person who at the last in his owne person heard and judged the cause and without the Bishop of Rome by his owne authoritie pronounced finall sentence therein The least of these facts proveth the Emperors Supremacie in those times aswell over the Bishop of Rome as over other Bishops What force then have they when they be all united and joyned together Yet thirdly my Adversarie answereth that Constantine the Emperor did but pronounce and declare the justnesse of the sentence given formerly against the Donatists by their competent Iudge Pope Miltiades But first why doth he still say That the sentence against the Donatists was given by Miltiades as though it had beene given onely by him For it is manifest that it was not only his sentence and judgement but the sentence and judgement of the rest of his Colleagues and fellow Commissioners joyned with him Secondly why doth he speake of Miltiades Bishop of Rome as if he were the onely competent Iudge when he not only seeth others to be joyned and made Iudges with him but an Appeale also to be made and allowed from his and their sentence and from other Iudges also afterward given to Iudge of the same cause And thirdly though Constantine the Emperor did by this sentence upon hearing of the cause cleare and acquite Caecilianus and condemne the Donatists and so approved the first sentence and judgement given by Miltiades and his Colleagues and the second sentence also that was given by the other Bishops assembled at Arle in France Yet doth this approbation of his or declaration of the Bishop of Romes sentence in this case to be just and right no more prove a supremacie in Miltiades the Bishop of Rome then it doth in Marcus Rheticius Maternus and Marinus or then it doth in those other Bishops that were afterward assembled at Arle whose sentence he likewise approved and declared to be just Neyther doth it any way impayre or detract from Constantine his judgement but that hee was also a Iudge and held the place and office of Iudicature all this notwithstanding For else may you say that those Bishops assembled at Arle whom S. Augustine expressely calleth Iudices Iudges were also no Iudges because they likewise aswell as Constantine acquited Caecilianus and condemned the Donatists and so approved the sentence of Miltiades and his Colleagues declaring it to be just If a Writt of Error be brought in the Kings bench of a Iudgement given in the Common-pleas upon hearing of the cause the Iudges in the Kings Bench approve and confirme the judgement formerly given in the Common pleas and so declare it to be just and right Doth this any way prove that therefore those in the Kings bench be no Iudges or doth it in any sort detract from their Authoritie So upon the Appeale made to the Emperor when he in his own person sate as Iudge therein having power in himselfe eyther to affirme or disaffirme the former sentences and judgements given by others as he shall find the cause upon hearing to require If he upon hearing it finding the former sentences and judgements given for Caecilianus against the Donatists to be just and right doth by his final sentence pronounce and declare them so to be Doth this therefore prove him to be no Iudge or doth it any way detract from his supremacie Yea it doth rather verie strongly and most strongly prove the Emperor to bee a Iudge and the Chiefest and highest Iudge under God and to have the Supremacie over the Bishop of Rome aswell as over other Bishops within the precincts of the Empyre For as Carerius also confesseth and teacheth Summum Imperium penes eum esse constat ●arer de potest Rom. Pont. lib. 1. cap. 10. ad cujus Tribunal provocatur It is manifest that to