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A09849 A solemne contestation of diuerse popes, for the aduaunsing of theyr supremacie: quoted and collected faithfully out of their own canon law, according to the very wordes, stile, and tenor of the same theyr own canons, decres, decretales, clementines, extrauagantes, bulles, epistles, and commen glose vpon the same. Histories and stories of Romane bishops [et]c. In forme and wordes, as their are to be seane, and found by the quotations here vnto annexed Foxe, John, 1516-1587, attributed name.; Catholic Church. Pope. 1560 (1560) STC 20114; ESTC S114968 26,995 104

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and rypenes and deliuered out with such grauitie of deliberation that nothing is thought in it necessary to bee alterid or retractid G Pope Symmachus Caus. 9. q. 3. Aliorū Wherefore it is manifest testified by the voyce of holy bishops that the dignitie of this my seat is to be reuerenced thorow the whole world in that all the faithfull submit themselfes to it as to the head of the whole body H Ibidem Wherof it is spoken to me by the Prophet speaking of the arche if this bee humiled whether shall you runne for succour wher shal your glory become Seyng then this is so that so holy Bishops scriptures do witnesse with me what shall we saye then to suche as wil take vpon them to iudge of my doynges to reprehend my procedinges or to require homage and tribute of me to whome all other be subiecte I Pope Grego●rius 6. q. 3. Scriptu est Againste the firste sorte the Scripture speaketh Deutero thou ought not to putte thy sithe in an other mans corne Whiche thinge to attempt against me what is it but plain sacrilege K Caus. 17. q. 4. Sacrileg Glosa Accordinge to my canonists which thus define sacrilege to consiste in three thinges eyther when a man iudgeth of his princes iudgement or whan the holy daye is prophaned or when reuerence is not giuen to Lawes and Canons L 2. q. 7. cap. Plarūque Glosema Gratiani ¶ Item Agaynste the second sort maketh the place of the boke of kinges where we reade the arch of God was brought from Gabaa to Hierusalem and in the waye the Arch inclinyng by reason of the vnruly oxen Ozias the Leuite put to his hand to help and therefore was stroken of the Lord. By this Arch is signified the Prelates by the inclination therof the fall of Prelates M Ibidem whiche also be signified by the Angels that Iacob did see goyng vp comming doune the lader N Ibidem Also by the Prophet wher he saith He bowyd down the Heauēs and came down c By Ozias and by the vnruly Oxen are mente our subiectes O Ibidem Then like as Ozias was strucken for putting his hand to the Arch inclining no more must subiectes rebuke there Prelates goynge awry P Ibidem ¶ His itae Albeit here may be answered again that all be not Prelates whiche so be called for it is not the name that maketh a bishop but his life Q Pope Vrbanꝰ 23. q. Tributū Agaynst the thirde sort of suche as would brynge vs vnder the tribute and exactions of seculare men maketh the newe Testament where Peter was bid to giue the grot in the Fishes mouthe but not the head nor the body of the fishe No more is the heade or body of the Churche subduid to Kings but only that whiche is in the mouthe that is the externe things of the church And yet nor they nether R Ibidem ¶ Quamuis For so we reade in the booke of Genesis that Pharao in time of darth subduyd all the land of thegiptians but yet he ministred to the Priestes so that he toke nether there possessions from them nor there libertie If then the prelates of the Churche muste be nether iudged nor reprehendid nor exacted howe muche more ought I to be free from the same S Pope Benedictus Extr. De aut et vs● pallij c. Sāsta which am the Bishop of bishops head of prelates For it is not to bee thought that the case betwixt me and other prelates betwixte my sea T Pope Stephanus Dist. 19. Enimuero other churches be like V Pope Pelagius Dist. 21. Quamuis Although the whole catholike and apostolike Churche make one brydechamber of christ yet the cathol Apost church of Rome had the preeminence giuen ouer al other by the mouth of the lord him self sayng to Peter Thou art Peter c X Dist. 21. De● cretis Thus a discretion and difference must be had in the church as it was betwixt Aaron and his Children Y Pope Anaclotus Dist. 21. in non● betwixt 72. disciples the 12. Apostels betwixt thother apostels and Peter Z Pope Bonifacius Greg. Dist. 89. Ad ●oc Wherfore it is to be cōcludid that their must be an order difference of degrees in the Churche betwixt powers superiour and inferiour without which order the vniuersite of the whole can not consist A Ibidem For as amongst the Angelicall creatures aboue in heauen there is set a differēce and inequalitie of powers orders some be Angels some Archangels some Cherubin Seraphines B Dist. 89. cap. Singula So in the Ecclesiasticall Hierarchie of the Church militant in the earth priestes must not be equall with Bishops Bishops must not be like in order with Archebishops with Patriarches or Primates C Ex Citatione Bull. Decr. 5. Ser. 3. Who cōteyne vnder them three Archbishops as a Kynge conteineth three Dukes vnder him In the whiche nūber of patriarches cometh in the state also of D De officio Archipresby● in Glosa Cardinals or Principales so called bicause as the dore turneth by his hinges so the vniuersall churche ought to be ruled by them E 〈…〉 The nexte and hiest order aboue these is mine whiche am Pope differyng in power and maiorite and honor reuerentiall from these and al other degrees of men F Ex 3. Parte Sūmae maioris b. Antonini For the better declaration whereof my Canonistes make 3. kindes or power in earth Immediata whyche is mine immediatly from God Deriuata which belongeth to to other inferiour prelates frō me G Pope Innocēt 3. De sacra vnctione Qui venisset Ministralis belongyng to Emperours and Princes to minister for me for the which cause the anointing of princes and my cōsecration doth differ for they are anoynted only in the arme or shoulders in the head to signify the differēce of power betwixt princes and me H Pope Nicolaꝰ Dist. 22. cap. Oēs This order therfore of Priestes Bishoppes Archbishops Patriarches other as a thyng moste conuenient my churche of Rome hath set institute through all churches folowing therin not onlye the example of the Angelicall army in Heauen but also of the Apostels I Pope Clemēt Dist. 80. cap. In illis For amongst them also ther was not an vniforme equalite or institution of one degree K Pope Anacletꝰ Dist. 22. c. Sacrosancta But a diuersitie or distinctiō of autorite and power albeit they were all Apostels together yet it was graunted not withstanding to Peter thēselfes also agreyng to the same that he should beare dominiō and superioritie ouer all the other apostels L Ibidem Quasi vero Petrꝰ nō a Petra sed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ducatur And therfore had his name giuen him Cephas that is head or beginning of the apostelhode
sacra donat Chrisma ministro Sūma sede sedet plenusq● vicarius extat Si sit catholicus papam non iudicat vllus Cases Papale to the nūber of one and fiftie wherin the Pope hath power only to dispense and none els besides Except by a speciall licence from hym FIrst Determination of doubtes and questions belonging to fayth 24. q. 1. Quoties Translatiō of a Bishop Extr. De trāslat c. Inter. elect or cōfirmed likewise of abbotes exempted Deposition of Bisshops 3. q. 6. Quam●is The taking of resignation of Bishops 9. q. 3. Deniq Exemption of Bisshops 16. q. 1. Frater not to be vnder Archbishops Restitution of suche as be deposid 2. q. 6. Ideo from there order Extr. De restitutione cap. Cū venissent The iudicial definition or interpretatiō of his owne priuileges 7. q. 1. Tēporis Chaunging of Bishoprickes or dimission of Couents c. 16. q. 1. Felix New erectiō of bishopsseats or institutiō of new religiōs 16. q. 1. Et Christus Subiection or diuision of one bisshoprike vnder an other Extr. De voto Ex multa Dispensation for vowiug to go to the holy land Extr. De s●atu monachi c. Cum ad Dispensation for the vowe of chastitie or of religion or of holy orders Extr. De iuramēto cap. Venientes Dispensation against a lawful othe or vowe made Extr. De Iudicio c. At si clerici Dispensation agaynst diuerse erregularities as in crimes greatter than adultery in suche as be suspendid for simonie Dispensatiō in receuing into orders him that had ij wiues Extr. De bigamia c. Nuper Dispensing with such as beyng within orders Extr. De clerico non ord ministrāte do that whiche is aboue there order as if a Deacon should saye Masse beyng not yet Priest To receaue into orders suche as be blemished or maymed in body Extr. De corpore vitiatis Dist. 55. Dispensatiō with murder Dist. 50. Miror or with such as willing cut of any mēber of a mans body Dispensing to giue orders to Extr. De se●tentia excō ca. Cū illorū such as haue ben vnder the sentence of the greater curse or excommunication Ibidem Dispensatiō with such as beyng suspēdid with the greater curse do minister in any holy order Extr. De filijs praesbyt c. Is qui. Dispēsation with such as beyng vnlawfullye borne to receiue orders or benefices Ext. De praebend c. De ●ulta Dispensatiō for pluralites of benefices Extra De elect cap. Cū nobis Dispensation to make a man Bishop before he be thirty yeare olde Extr. De aetate qualit Generalē Dispensation to gyue orders vnder age Dist. 15. Per totū The Pope only hath power to make and call a generall councell 9. q. 3. c. Per principale The Pope onlye hath power to depriue an ecclesiasticall person giue away his benefice beyng not vacant The pope alone is able to absolue him that is excommunicate De elect cap. Venerabilē by name The pope only is able to absolue him whom his legate doth excommunicate Extr. De officio legati c. Quaerēti The Pope both iudgeth in the causes of them that appele vnto him 9. q. 3. Aliorum And were he iudgeth none may appele from him Onlye he hath autoritie to make Deacō Extr. De Tēpli ordine c. Cū in Distrib prist whom he made subdeacon either vpon sondayes or vpon other feastes Extr. De vsu pallij cap. Ad ●onorem Only the pope and none els at all times and in all places weareth the palle Extr. De elect c. Dudū The Pope only dispensith with a manne eyther beyng not within orders or beyng vnworthy to be made bishop Extr. De elect c. Venerabilem He only either confirmeth or deposith themperour whan he is chosen Tractatu De censuris A man beyng excōmunicate and his absolution referrid to the Pope none maye absolue that mā but the Pope alone Extr. De elect c. Inno●uit The same hath autoritie in anye election before it bee made to pronounce it none whan it is made He doth canonise sanctes Extr. De religione et veneratione Sāct cap. 1. and none els but he Dispensation to haue manye dignities or personages in one Churche and without charge and cure of soule Extr. De praebēd cap. De multa belongeth onlye to the Pope To make that effectual whiche is of no effecte Extr. Qui ●i sint leg cap. Tanta and contrarywise belongeth only to the Pope To plucke a Monke oute of his cloister both against his owne will the Abbates 9. q. 3. cap. Vltimo perteyneth only to the Pope His sentence maketh a lawe Extr. De Sētēt et re Iudic. c. In causis The same daye in which the pope is consecrate Extr. De elect cap. Quod sicut he maye giue orders Extr. De restit spo Literas He dispenseth in degrees of consanguite and affinite Ext. De praescript c. Vlt. De Iudicio c. Nouit He is able to abolishe lawes quoad vtrūque forū that is both ciuile canon where daunger is of the soule Thomas It is in his dispēsatiō to giue generall indulgences to certaine places or persons Extr. Qui fi sint legit c. Per venerabilem Itē to legitimate what persones so euer he please as touchyng spiritualties in al places as touchyng temporalties as honors inheritaunce c. Petrus de Palude lib. 4. To erecte newe religions to approue or reproue rules ordināces and Ceremonies in the Church He is able to dispense with al the preceptes and statutes of the Church Secundū Thomā in 4. Item to dispense and to discharge any subiect from the bonde of allegance or othe made to any maner person 9. q. 3. Per principalem No man maye accuse him of anye crime Dist. 40. Si Papa vnlesse only of heresy and that nether except he be incorrigible The same also is fre from all lawes Ibidem so that he cā not incurre into any sentence of excommunication suspension irregularitie or into the penaltie of any crime but into the note of crime he may wel Finally he by his dispensation Distinct. 32● c. Praeter hoc ¶ Verū maye graunt yea to a simple priest to minister the Sacrament of cōfirmation to infantes also to gyue lower orders to hallowe Churches and virgins c. These be the cases wherin I only haue power to dispēse and no man els nether bisshop nor Metropolitane nor legate without a speciall licence from me After that I haue now sufficiently declared my power in earth in heauen in purgatory how great it is what is the fulnes thereof in binding losing cōmaūding permitting
M Dist. 21. cap. In nouo wher vpon the order of Priesthod first in the newe Testament began in Peter to whome it was said Thou arte Peter vpon thee I will builde my church N Ibidem And I will giue the keys of the kingdome of heauen And thou beyng conuertid confirme thy brethern O Dist. 21. cap. Decretis I haue prayed sor thee that thy faith shal not fayle Wherfore seyng such power is geuen to Peter P Pope Leo. Dist. 19. c. Ita Dominus and to me in Peter beyng his successor Q Pope Nicolaꝰ In tātū Dist. 22. who is he then in all the world that ought not to be subiect to my decrees which haue such power in heauē in hell in earth with the quicke and also the dead R Pope Clemēs in Bulla Viēnae in scruiiis priuilegiorū cōmanding and graūting in my Bulle of leade sent to Vienna vnto all suche as died in there peregrinatiō to Rome that the payne of hell should not touche them And also that all suche as toke the holy crosse vpon them should euery one at his requeste not only be deliuerid himself but also deliuer three or iiij soules whome so would out of purgatory S Dist. 21. cap. Decretis Agayn hauing such promise and asserance that my faith shall not fayle who then wil not beleaue my doctrine For did not Christ him selfe firste pray for Peter that his faithe shoulde not fayle T Pope Anacletꝰ Dist. 22. c. Sacrosancta Scripture well aplied and like a Clerke Also haue not I a sure promise of Paul his own mouth writinge to my Churche by these wordes God is my witnes whom I serue in my ●pirit in the gospel of his sonne that without ceasing I make mention of you alwayes in my prayers Rom. 1. V Pope Damasus 25. q. 1. c. Omnia Item Pope Gregor Dist. 19. Nulli Wherefore as I condemne all suche worthely whiche will not obey my decrees to be disposessid of al their honour with out restitution X Pope Nicolaꝰ Dist. 22. cap. Oēs So all they that beleue not my doctrine or stand agaynst the priuilege of the church especially of the Church of Rome I pronoūce them heretikes Y Ibidem And as the other before is to be called vniust so this mā is to be called an heretike Z Ibidem For why he goeth against the faith whiche goeth against hyr who is the mother of faith A Dist. 20. Decretales But here may rise percase a doubt or scruple that if my faith and knowlege stand so sure by the promise of Christ and by the continuall prayer of s. Paul whether is it trew or is to be graunted that any other shuld excel me in knowlege or interpretation of holy scripture B Ibidem For looke whose knowlege is groūdid of most reason his wordes shoulde seame to be of more autorite C Ibidem Wherunto I aunswere and graunt that manye there be and haue ben more abundātly indued with fuller grace of the holy gost and greater excellence of knowlege And therfore that the tractationes of Augustine Hierome others ought to be preferrid before the constitutiōs of diuerse popes yet I saye in determinatiō of causes bicause they haue not the vertue height of that autoritie which is giuen to me therfore in expoūding of scriptures they are to be preferred but in dissising of matters they stād inferiour to my autoritie By vertue of whiche autoritie D Dist. 19. Si Romanorū bothe they themselfes be alowed for doctors and there workes approued and also all other matters be ruled through the power of the keyes whiche be giuen to me immediatly of Christ. Although I denye not but the same keyes be also cōmitted to other Prelates as they were to other Apostels besides Peter E Gabriel Biel. li. 4. Dist. 19. yet it is one thing to haue the keyes an other thing to haue the vse of the keyes F Petrus de Palude Wherefore here is to be noted a distinctiō of keys after the mind of my Schole-doctors one key which is called Clauis ordinis hauing autoritie to bind lose but not ouer the persones whom they binde lose this autoritie they take not immediatly of Christ but mediatly by me the vicare of Christ. The other keye is called Clauis iurisdictionis which I the vicare of Christ take immediatly of him hauinge not onlye autoritie to bind lose but also Dominiō ouer thē on whom this keye is exercised By the Iurisdictiō of whiche key the fulnesse of my power is so greate that where as all other are subiectes G Dist. 96. cap. Si Imperator yea and Emperours themselfes oughte to subdue there executions to me Only I am a subiect to no creature H Gabriel lib. 4. Dist. 19. no not to me self except if I liste In foro paenitentiae to my Gostlyfather submitting me selfe as a sinner but not as Pope so that my Papall maiestie euer remayneth vnminished Superior to all men I Pope Nicolaus Dist. 19. cap. Si Romanorū in Glosa whome all persones ought to obey K Item 24. q. ● Hae● est and folowe L Dist. 40. cap. Si Papa no mā must iudge nor accuse of any crime eyther of Murder Adultery Symone or suche like M 2. q. 7. Nos si in Glosa No man depose but I me selfe N Extrau De elect Innotuit No man can excōmunicate me yea though I cōmunicate with the excōmunicate for no Canon bindeth me Whom no man must ley to O De penitētia Dist. i. c. Serpēs in Glosa For he that leyth to me is a churchrobber P Dist. 19. cap. Nulli And who obeyth not me is an heretike and an excōmunicate persō Q August de Ancho For like as al Iewes were commandid to obey the hey priest of Leuiticall order of what state or condition so euer they were So are all Christen men more and lesse bounde to obeye me Christes Leauetenant in earth concerning the obedience of whom or disobedience we haue in Deuter. 17. R Glosa Ordinaria Where the commen glose saieth that he who denieth to the hey priest Obedientiam leyth vnder the sentence of condēnation as much as he that denieth God his Omnipotentiam Thus then appeareth the greatnesse of my Priesthod S Antoninus begon in Melchisedech solemnized in Aaron Continued in the Children of Aarō perfectionated in Christ Representid in Peter Exalted in vniuersall iurisdictiō And manifestid in Syluester c So that throughe this Praeemiance of my pristhod hauing all thinges subiect to me T Antoninus it maye seame well verified in me that was spokē of Christ. Summae Ma●●ris 3. part ●ist 22. Psal. 8. Omnia subiecisti sub pedibus eius oues boues vniuersa pecora campi Volucres caeli pisces