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A17976 Iurisdiction regall, episcopall, papall Wherein is declared how the Pope hath intruded vpon the iurisdiction of temporall princes, and of the Church. The intrusion is discouered, and the peculiar and distinct iurisdiction to each properly belonging, recouered. Written by George Carleton. Carleton, George, 1559-1628. 1610 (1610) STC 4637; ESTC S107555 241,651 329

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not be extended to these practises What can be denied heere For neither can they denie but that the censures of the Church should bee of greatest power there where they were first instituted neither can they denie that excommunication was first instituted in that Church of the Iewes neither can they shew vs that any King of that Nation was at any time deposed for pretended heresie or for knowne and professed idolatry though the Kings there were often great idolaters though the Priests were bolde and couragious in Gods cause yet we neuer finde that any Priest did by excommunication depose the King or destroy the bond of allegeance This thing then being neither practised by the Iewes where these censures were in first and chiefe force nor by Christ and his Apostles nor by the Fathers of the Primitiue Church nor known in the Church for the space of almost a thousand yeares as hereafter wee shall declare wee haue great reason to conclude that excommunication as it is an Ecclesiasticall censure hath no power coactine to alter any temporall authority to depose Kings to destroy and dissolue allegeance or to trouble any lawfull authority established in this world 18 This will no lesse appeare if wee consider the power which the Church hath alwaies practised for coactiue power was a thing which the Chnrch yeelded alwayes to the ●…iuill Magistrate And if the Bishops of Rome did sometimes breake out beyond their bounds yet were they in those ancient times alwayes repressed by the authority of the Church For that we may take a short suruay of the Iurisdiction of the Church during the first three hundred yeres so long as the Apostles liued no man doubteth but that they ruled all and that the greatest Iurisdiction of the Church was in them if we speake of spirituall Iurisdiction And if any one Apostle liued after the rest there was more power acknowledged to be in him then in any one that liued in the Church in his time Now it is for an assured historicall truth recorded by Eusebius and before him by Irenaeus whom the full consent of the auncients follow heerein that S. Iohn liued after all the other Apostles were dead that he continued in the gouernment of the Church vntill the times of Traian Emperour In which time the Bishops of Rome after Peter are recorded to be these Linus Anacletus Clemens E●…aristus Alexander If the Bishop of Rome had then been the head of the Church the chiefe Pastor the Monarch the fountaine of all Iurisdiction as his flatterers now make him it must be confessed that Alexander in his time and Euaristus before him was S. Iohns head and before him Clemens and before him Anaclet and before him Linus Did these rule and gouerne S. Iohn or S. Iohn them shall we say that they had Iurisdiction ouer S. Iohn or S. Iohn ouer them If these Bishops each in his time had Iurisdiction ouer S. Iohn then there was an authority in the Church aboue the authority of the Apostles If they were gouerned by him then the Bishop of Rome was not the head of the Church There is no sober spirit that can doubt of these things or can thinke that in those dayes any liued in the Church who was not vnder the Iurisdiction of an Apostle 19 After Saint Iohns death who was liuing in the yeare of Christ 100. and after in the Church of Rome were Sixtus Telesphorus Hyginus Pius Anicetus Soter Eleutherius Victor These gouerned the Church of Rome in succession by the space of one hundred yeares together In which times they seemed willing to put to their helping hands to aduance the Church of Rome For Sathan hauing a purpose thence to raise Antichrist began betime to worke and to abuse those good men as it was not hard for him to beguile better men then they were though we admit them to be good men and holy Martyres Then were they drawne into a loue to aduance their seate and Iurisdiction yet so as neither in them is proued pernicious neither was it thought by the church to be very dangerous seeing they yeelded and submitted themselues in the end to the graue and godly aduise of the Church 20 The things wherein the Bishops of Rome sought first to aduance their power was by imposing ceremonies vpon other Churches Thus did Anicet contend for the celebration of Easter but was quieted by Polycarp who for the peace of the Church made a iourney to Rome and pacified Anicetus And was so much honoured of Anicetus that there he practised the function of a Bishop as Eusebius reporteth taking the storie from Irenaeus Thus was peace and loue then maintained on all sides whilest the Bishops of Rome were content to be ruled by others 21 A little after Victor grewe more violent in the fame quarrell and excommunicated the Easterne Churches which did not obserue Easter after the maner of the Church of Rome But Uictor was resisted and sharply reproued by Polycrates Bishop of Ephesus and the rost of the Easterne Bishops as also by Irenaeus Bishop of Lions in Fraunce These did freely reproue Victor for that he regarded not the peace of the Church they declare that in ceremonies there was great difference of olde and yet the Bishops liued in loue and peace together that the differences in ceremonies did not breake the consent in faith that these differences were before the time of Victor and that hee was therein to followe the examples of his auncients who preserued loue and peace and the doctrines of faith sincere with some diuersity in outward ceremonies This was all that the Bishops of Rome attempted in those dayes wherein there appeareth no Iurisdiction ouer others but rather the contrary For the godly Bishops of Asia reproued them and made them see and acknowledge their owne rashnesse and caused them to desist therefore the Church did not then acknowledge the Popes Iurisdiction 22 Betweene Victor and Syluester the first succeeded 18. Bishops of Rome in the space of 100 yeares next In which time there was no great attempt made for superiority or Iurisdiction onely the Bishops of other Churches did honour the Bishop of Rome following the Apostles rule In giuing honor goe one before another Which honour if they could haue remembred as well to giue to others as they did to receiue from others there could haue risen no question of Iurisdiction but that which began in loue and courtesie was afterward drawne to Iurisdiction We denie not but some of the auncients haue yeelded to S. Peter a Priority among the rest of the Apostles because of his great zeale and loue to Christ and to his trueth and for his excellent vert●…es and to the Bishops of Rome wee finde likewise that the auncients yeelded great and honourable titles but this was in respect of their vertue learning and integrity For the auncients knewe no other rule of fauouring men but vertue he was in the Church most honourable and
conclude directly against the Emperours purposes Thus doth Socrates report the calling of that councell but Sozomen saith it was not obtained of Valens but of Valentinian 9. Besides these publique and generall Synods there were also some more priuate and particular in calling whereof the Bishops had power The Bishop of the Diocesse vsed to call a Synod of his Clergy but could proceed no farther Prouinciall Synodes were called by Metropolitanes but in a generall Synod of many Nations the Emperour had alwayes the right of calling it as a King hath the onely right of calling a Synod of those Nations that are vnder his gouernment For as the counsell of Nice was called by Constantine so were all the counsels of these next three hundred yeares called by the Emperours that gouerned at such times Theodosius gathered the councell of Constantinople against the heresie of Macedonius in the third yeare of his raigne which was the yeare of Christ 383. saith Prosper The councell of Ephesus against Nestorius was gathered by the authority of Theodosius the younger and the fourth generall councell at Chalcedon by the authority of Martianus and Valentinianus Emperours Leo the first was a great man in these affaires and hee is the fittest to certifie vs of the truth against whose witnesse our aduersaries haue no reason to except This Pope then writing to the Emperour Theodosius saith Pietas vestra apud Ephesum constituit Synodale concilium And afterward declaring his obedience and conformity thereto saith Meum studium commodaui vt Clementiae vestrae studijs pareatur And againe Ne autem pijssimi Principis dispositioni nostra videatur praesentia defuisse fratres meos misi c. he hath the same also Epist. 23. ad Theodosium Againe hee writeth to Pulcheria to moue the Emperour to command a councell to be holden within Italy declaring that he wrote to the Emperour to intreat the same Which thing hee moueth also in other Epistles And though he much desired this that the Emperour would haue beene intreated to hold a councell within Italy yet could he not obtaine it and therefore was ready to obey the Emperour attending his pleasure therein who appointed it in another place 10 Which thing we obserue the rather because our aduersaries oflate haue yeelded this as a proper right to the Pope to call councels Catholici munus con●…andi concilia generalia saith Bellarmine ad Romanum pontificem propriè pertinere volunt And when they are driuen by these open and euident testimonies they shift it thus as to say another may doe it by the Popes consent but if the Pope neither appoint the place nor no other by his commaundement or consent then it is no councell but a conciliable These bee vaine and friuolous shifts of Friars For it is true that the Popes consent was to these auncient councels but no otherwise then as the consent of all other Bishops They consented because they could not chuse because they were resolued to be obedient but they could not appoint either place or time For Leo could not haue it where hee would but it was where and when the Emperour appointed 11 Before the councell of Chalcedon there is the Writ of the Emperours Valentinian and Martian called Sacra to call Bishops to Nicaea But another Sacra is sent to reuoke that and to call them to Chalcedon So that all this while the Emperors rule as those that haue Ecclesiasticall Iurisdiction They call councels they punish offenders of the Clergy they establish Ecclesiasticall Courts they are acknowledged the nourcing Fathers of Religion the keepers and preseruers of both Tables and of the discipline of the Church And therefore Leo writing to Constantinus Emperour who called the sixt Synod saith thus Cognouimus quod sancta vniuersalis maxima sexta Synodus quae per Dei gratiam imperiali decreto in regia vrbe congregata est c Wee know that the holy and vniuersall great sixt Synod which by the grace of God is called and gathered by the imperiall decree in the imperiall City c. And a little after Pietas vestra fructus misericordiae potestas custos disciplinae Your godlinesse is the fruit of Gods mercy your power is the keeper of discipline And againe Nec enim minor regnantium cura est praua corrigere quam de aduersarijs triumphare quia einimirum potestatem suam seruiendo subijciunt cuius munere imperare noscuntur c. Vnde diuinitus praordinata vestra Christianissima pietas c. Caput Ecclesia Dominum Iesum Christum veram pietatis regulam amplectendo c. For Gouernours ought to haue no lesse care to correct vngodly things then to triumph ouer their aduersaries for they submit their power to his seruice by whofe power they are knowne to rule c. Therefore your most Christian zeale preordained of God c. acknowledging our Lord Iesus Christ the true rule of godlinesse to bee the head of the Church Wherein the Bishop of Rome doth acknowledge first that the generall councell is to be called onely by the authority of the Emperour imperiali decreto Secondly that the Emperours power is such a power as is custos disciplinae Hee speaketh here in an Ecclesiasticall cause and of Ecclesiasticall affaires Now that power which is custos disciplinae Ecclesiae what is it but Ecclesiasticall Iurisdiction This word Iurisdiction was not then worne in such vse as now it is but we see the auncients vse words counteruailing it The Bishop of Rome acknowledgeth Ecclesiasticall power and Iurisdiction to be in the Emperour when hee yeeldeth him such a power as is preseruer of the discipline Ecclesiasticall Thirdly he confesseth that the care of the Church Church-gouernment for establishing the truth doth no lesse belong to the office of a Prince then to triumph ouer his foes in warre Fourthly the Bishop of Rome as then acknowledgeth no other head of the Church then Iesus Christ as appeareth by his words To the same purpose Saint Augustine saith Diuinitus praecipi regibus vt in regno suo bona iubeant mala prohibeant non solum quae pertinent ad humanam societatem verum etiam quae ad diuinam religionem Contra Crescentium li. 3. cap. 51. That is Kings are commaunded to estalish good things and prohibite euill in their Kingdomes not onely in things belonging to Ciuill societie but in such things also that belong to diuine Religion Gregorie the great following the footsteppes of his Fathers yeeldeth the fame authoritie to the King For writing to Theodoricus King of France he saith Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis This part of Iurisdiction for calling of Councels is so fully confirmed to be the Emperours right by the Aunceants that Cardinall Cusanus sure no Lutheran disputing of this priuiledge concludeth from the confessed testimonies of the Aunceants these two things First That Emperours
a Canon in some Church notwithstanding the priuiledges of that Church the customes to the contrary or statutes confirmed either by Oath or by Apostolicall confirmation or by any other strength c. By this Lawe as by many other it appeareth that the Popes Canons allowe that men should goe against their owne Oathes when the Popes letters doe commaund them so to doe Which is a forbidding of things honest iust and godly and commanding thinges euill and vnlawfull Therefore these Lawes forbid vertue and commaund vice and are consequently no iust Lawes in the iudgement of Bellarmine 89. The last condition that in Bellarmines opinion is required to make a Law iust is drawne from the forme Because saith hee the Law must keepe that proportion in distributing honours which the Subiects haue in the Common-wealth For example saith he if the Pope should make a Law that onely rich and noble men should be made Bishoppes and not poore and meane men otherwise more learned and more worthy this Law were simply vniust but it is certaine that the Popes Lawes are such I speake not here of their corrupt practise which since the Canon lawes came in was neuer found without strong and strange Simonie but I speake of their Lawes which command it For who made that Law which saith Pallium non datur nisi fortiter postula●…i The Pall is not giuen to any man vnlesse he make a strong suit What is meant by a strong suit they know best that haue purchased Palls at the Popes hand But it is certaine that a poore man did neuer purchase a Pall therefore poore men though more learned then the rich purchaser are excluded from this honour by the Law that alloweth none to make suit but such as can make strong suit then the Law is vniust by Bellarmines confession It is also an vniust and an vngodly Law which saith Though the Pope should draw innumerable soules with himselfe downe into hell yet no mortall man may presume to say to him Sir why do you so It is an vncleane Law which so strictly denying the mariage of Priests yet doth allow them to haue Concubines Many other Lawes there be of this forme So that by all those conditions which Bellarmine will haue to be requisite in all Lawes that bee iust the Popes Law●…s are found to be vniust By all which is euinced that the Pope commeth in his owne name maketh Lawes to rule those Subiects ouer whom he hath no authority respecteth therein his owne ends taketh vp a new Iurisdiction which hath beene denied by the auncient Bishops and which was vnknowne in the world all the while that the Popes liued vnder the obedience of the Emperours as other Bishoppes did vnder seuerall Princes § 7. Of Appellation 90. ANother part of this pretended Iurisdiction stoode in appellation to the Pope This they haue chalenged but it hath alwayes beene denied by the Kings of this land as being a thing preiudiciall to the auncient Lawes and customes of the Kingdome The first question about appeales in this land that I can finde began by Anselme Archbishop of Canterburie in the time of William Rufus For after that some breach was made betweene the King and the Archbishop the Archbishoppe Anselme desired leaue to depart the land to goe to Rome for his Pall. The King perceiuing that hee had a purpose to appeale to the Pope Aunswered That if hee should appeale to Pope Vrban or any other for at that time two stroue for the Papacy without his leaue then should he falsifie his alleageance The King reasoned thus saith Malmsbury Consuetudo Reg●…imes est à Patre meo instituta vt nullus praeter licentiam Regis appelletur Papa Qui consuetu●…ines Regnitollit potestatem quoque toronam Regni violat qui coronam mihi aufert inimicitias infidelitatem in me agit For there was contention betweene the King the Archbishop First because the Archbishop would nominate a Pope without the Kings leaue Secondly because he would appeale to the Pope Concerning this matter of appeale the same Author a little after declareth that there grew an hot contention betweene them Anselme his answere was Tues Petrus super hanc Petram c. And therfore quoth he to the King the obedience which I offer to S. Peters Vicar is not against mine alleageance to the King Thus had the Popes with a strong kind of poyson as it were so enchaunted those words of holy Scripture as to make them serue for a cloake of disobedience and breach of alleageance to temporall Princes Anselme being further vrged by the King that he had promised to keepe all the customes of his kingdome and hee was bound to performe alleageance aunswereth thus What doe you tell me that I breake mine alleageance to the King by appealing to the Sea Apostolique I grant I promised but conditionally that I would keepe those customes which are agreeable to the lawes of God and honesty And therfore where you tell me that I haue broken mine alleageance by preuaricating your laws in appealing to the Sea Apostolique sauing your honour it is not true if another had spoken it For the faith which Iowe to the King I haue it from the faith of God whose Vicar is S. Peter to whose Sea I appeale with much stirre and strife to this effect Anselme held his resolution stiffely 91. Nowe let the Reader bee entreated to compare these times with the times of the Affrican Councell and Anselme Archbishop of Canterburie with Augustine Bishop of Hippo. S. Augustine with the rest of the Affrican Councell condemned appellations to Rome as standing against godlinesse order the freedome of the Church as quenching the light of simplicitie as inducing darkenesse pride and ambition into the Church Now that which in Saint Augustines time was vngodly can it be made godly and lawfull in Anselmes time Yet Anselme we see maketh this thing the cause of God Augustine condemned appellations to Rome simply without consideration of disobedience to Princes What then would he haue done if thereunto had beene added the commaundement of his Prince against such Appellations Anselme standing for Appellation to Rome which Augustine denied and withstanding the iust and 〈◊〉 commaundement of his Soueraigne hath no other co●… to cast ouer the matter then the pretence of God and Saint Peters Vicar If this obedience had beene required of God to Saint Peters Vicar in Anselmes time Why was not the same required and yeelded in Saint Augustines time This is the difference betweene the opinions brought in by men and the truths of God that the one standeth alwayes the same in the Church without chaunge the other hath his times of rising and falling as this opinion of Appellation to the Pope which was so strongly reiected by Augustine found a time to rise vp betweene the pride of the Popes and the seruile flattery of some Bishoppes And what greater signe of pride in the Pope and
power of the spirit tooke vpon them power aboue the Ciuill Magistrate practising wholly coactiue power which they called Spirituall when they had forsaken the power of the spirit and reiected it from them 5. The Iurisdiction which the Apostles practised was partly from the commission of Christ spirituall partly from the law of Nature and from the example of that gouernment which was established in the Church of the Iewes The things which belonged to Apostolicall Iurisdiction either concerned the gouernment of the ministery or of the whole Church Touching the gouernement of the ministery these things belonged to the Apostles so long as they liued and afterward to Bishops their successours First a power to ordaine ministers Thus did Paul and Barnabas when they called Churches through Lycaonia Pisidia and Pamphylia They ordained Elders in euery Church Elders that is Pastors Preachers to preserue the Doctrine continually which the Apostles had once planted And this charge to ordaine Elders or Priests did the Apostles leaue also to them that succeeded in the gouernement of the Church This commission Saint Paul gaue to Titus For this cause I left thee in Crete that thou shouldest continue to redresse the things that remaine and ordaine Elders in euery city as I appointed thee which ordaining signifieth also institution in the place or cure they ministred in 6. The Apostles had also in themselues and left to their successours power and Iurisdiction to command those Pastors which thus they had ordained to preach the truth without mixture of false doctrines This power as Saint Paul had in himselfe so he left the same to Timothie and consequently to others As I besought thee to abide still in Ephesus when I departed to Macedonia so doe that thou maist command some that they teach no other doctrine These were the principall parts of Iurisdiction which the Apostles left to their successors to continue in the Church for euer For the end and vse of this gouernment is perpetuall as to ordaine Preachers and to see that they so ordained should teach the truth without heresie It followeth certainely that such gouernours as the Apostles themselues ordained in the Church for these perpetuall vses are to remaine perpetuall gouernours in the Church Thus was the gouernement of Bishops placed by the Apostles to stand and continue till the end of the world because the Apostles placed such for the ordination of ministers and the preseruation of true Doctrines For they who aunswere that these offices and places wherin the Apostles placed Timothie and Titus were either extraordinarie or to indure for a short time do not consider the end and vse of these places which end and vse is neither extraordinary nor temporary but ordinary and perpetuall For ministers must be ordained commanded to preserue the truth without heresie as long as the Church standeth Then the necessitie and vse of the ends will prooue the like necessitie and vse of these gouernours which by the Apostles were placed for these endes 7. Another part of this Iurisdiction and depending vpon the last was that which the Apostle leaueth in commission to Titus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to stoppe their mouthes For which cause the Angell of the Church of Thyatira is reprooued by Christ because he suffered a false Prophetesse to teach and to deceiue the people and to make them commit fornication and to eate meat sacrificed to idols If Titus be commaunded to put some to silence and the other reprooued for suffering a false teacher to teach then the gouernours of the Church haue authoritie and Iurisdiction in these things but how farre it is extended we shall consider hereafter But because it may be questioned whether 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be to silence ministers or to conuince them by argument To this wee ' aunswere that albe it wee denie not conuiction by reason to be also included in the word yet there is a further meaning of iudiciall proceeding by authoritie heere vnderstood which thing will appeare by conference of this and other places For Saint Paul hauing first declared that he left Titus at Crete to ordaine Elders describeth what manner of men they must be that are so to be ordained For a ' Bishop must be vnreproueable c. Then he declareth that many be otherwise for there are many disobedient and vaine talkers and deceiuers c. If the question be demaunded what shall be done to these deceiuers the wordes immediatly following containe an aunswere whose mouthes must be stopped So that the sense of these words is the same with that which hee saith to Timothie charging him to command some that they teach no other Doctrine Then the word containeth not only conuiction by argument but Iurisdiction also For conuiction by argument onely would not haue serued to suppresse the false Prophetesse of Thyatyra And if a minister be accused of heresie or such like he was to be iudged by such as were set in chiefe authoritie in the Clergie For that there was a consistory and iudiciall proceedings set vp it is euident and no lesse euident that the Bishop was iudge Against an Elder saith S. Paul to Timothie receiue none accusation but vnder two or three witnesses Now he that is appointed to heare accusations to receiue the testimonies of witnesses is placed in a place of iudgement with Iurisdiction and therefore hath authoritie not onely to conuince by argument but also to proceed iudicially against false teachers and to put them to silence 8. Thus farre was Iurisdiction practised ouer ministers the things which follow touched the whole Church Another part of Iurisdiction practised by the Apostles touching the Church in generall was to call Councels for the determination of such controuersies as were raised vp by them that troubled the doctrines of the truth and peace of the Church Such was the Councell gathered by the Apostles Act 15. Consisting of Apostles and Elders that is of persons Ecclesiasticall wherin sentence proceeded after good deliberation and great disputation This is the greatest power or Iurisdiction of the Church because the whole or many chiefe parts together is greater then any one part 9. Further concerning the extension of this Iurisdiction it cannot be denied but that there is a power in the Church not only internall but also of externall Iurisdiction of internall power there is no question made Externall Iurisdiction being vnderstood all that is practised in externall Courts or consistories is either definitiue or mulctatiue Authority definitiue in matters of faith and religion belongeth to the Church Mulctatiue power may be vnderstood either as it is referred to spirituall censures or as it is with coaction as it standeth in spirituall censures it is the right of the Church and was practised by the Church when the Church was without a Christian Magistrate and since But coactiue Iurisdiction was neuer practised by the Church when the Church was without
and Kings by their office must call Counc●…ls Secondly that their office is likewise by coactiue power to see the things maintained and obserued which are defined in general Councels 12. Hitherto then haue we found the Soueraigne Iurisdiction alwayes in Christian Magistrates and neuer in the Bishop of Rome How then commeth the Bishop of Rome to this practise of Iurisdiction which now he claimeth Let vs here consider one Pageant of theirs which will declare the first claime and beginning of Iurisdiction which they haue so much increased since The first attempt was to winne Iurisdiction ouer Bishops the second was to get the same power ouer Kings and by that meanes ouer all These we meane to open with as much breuitie as we can and the matter will beare First then to bring Bishops of other Nations vnder their power a shamelesse deuise was plotted by the Bishop of Rome discried and reiected by the auncient Fathers that then liued but yet so closely followed afterward by the Popes that in the end it preuailed I will declare the storie as it is deliuered by their owne writers who haue collected the tomes of the Councels 13. The sixt Councell of Carthage was gathered in the yeere of our Lord foure hundred and twentie against the heresie of Pelagius it lasted sixe yeeres and more In it were gathered two hundred and seuenteene Bishops among whom was that worthy Father Saint Augustine and others of famous note as Prosper Orosius and diuers other of great vertue and learning Aurelius Bishop of Carthage Metropolitan of Affrica was chiefe In the time of this Councell three Bishops of Rome succeeding one another mooued great contention and quarell with the Fathers of this Councell for Iurisdiction which the Popes then began to claime affirming that they had Iurisdiction ouer the Church of Affrica which thing these Fathers of this Councell vtterly denied the contention began vpon this occasion 14. Apiarius a Priest of the Church of Sicca in Affrica was for his infamous and scandalous life excommunicated not onely by Vrbanus Bishop of Sicca but by a whole Synode of Bishops met together This fellow thus censured in Affrica fled to Zozimus Bishop of Rome to him he complained of wrong that the Bishops of Affrica had done him as he said Zoz●…mus without examination of the cause vndertooke to maintaine him and admitted him to the Communion After this vnderstanding that the Bishops of Affrica were gathered in their Synode he sendeth to them Faustinus Bishop of Potentia and with him two Priests Philip and Asellus Them hee chargeth to defend the cause of Apiarius to cause the Synode of Affrica to recciue him to their Communion to excōmunicate Vrbanus Bishop of Sicca or else to call him to Rome vnlesse hee will reforme that is vndoe all that he had done against Apiarius Further he commaundeth them to draw the Councell to yeeld to the Iurisdiction of the Bishop of Rome and to acknowledge it lawfull for any Bishop or Priest to appeale from the sentence of their Metropolitan to Rome he commaundeth them also to signifie that he sent his Legate into Affrica who might vnderstand the causes of appellants that were grieued To effect this thing the better he chargeth them to declare that the Nicen Councell hath giuen this Iurisdiction to the Bishops of Rome for proofe hereof he deliuereth vnto them in writing a counterfeited Canon of the Nicen Councell 15. Faustinus comming to Affrica with these instructions and being admitted into the Councell declared that he had from Zozimus a Commission which he called Commonitorium and withall he declared the Iurisdiction of the Bishop of Rome confirmed by a Canon of the Nicen Councell Aurelius Prosident of the Councel answered let this Commission first be read which our brethren haue brought hereupon Daniel the notary reade and recited the Commission thus Zozimus Bishop of Rome to our brother Faustinus Bishop to our fons Philip Asellus Priests this businesse you know you are to doe all things as if our presence were with you nay because it is with you and the rather seeing you haue both our expresse commaund and the words of the Canons which for more full assurance we haue added to this Commission For thus most beloued brethren it is decreed in the Councell of Nice concerning the appellation of Bishops And then forsooth the forged Canon os the Councell of Nice followeth thus Placuit autem vt si Episcopus accusatus fuerit iudicauerint congregati Episcopi regionis ipsius de gradu suo deiecerint eum appellasse Episcopus videatur confugerit ad beatissimum Ecclesiae Romanae Episcopum valuerit audiri iustum putauerit vt reuocetur examen s●…ribere his Episcopis dignetur qui infinitima propinqua prouincia sunt vt ipsi diligentur omnia requirant iuxta fidē veritatis definiant Quo●… si is qui r●…gat causam suam iterum audiri deprecatione sua mouerit Episcopum Roma●…ū vt è Latere suo presbyterum mittat erit in potestate Episcopi Romani quid velit quid existimet si decreuerit mittendos esse qui presentes cum Episcopis iudicent habentes authoritatem eius à quo destinati sunt erit in suo arbitrio Si vero crediderit sufficere Episcopos vt neggtio terminum imponant faciot quod sapientissimo consilio suo iudicauerit That is We thought good that if a Bishop be accused and the Bishops of that Prouince haue giuen sentence and deposed him if this Bishop seeme to appeale and flie to the most blessed Bishop of Rome and desire to be heard ●…f he thinke good to reuoke the sentence it may please him to write to those Bishops which are in that Prouince that they may diligently search the matter and iudge it truely But if he that moueth his cause may be heard againe shall by his petition intreat the Bishop of Rome to send a Legat from his side it shall be in the power of the Bishop of Rome to doe what hee thinketh best And if he decree to send some who with the Bishops of the Prouince may be present to iudge hauing authoritie from him from whom they are sent it shall be in his pleasure And if he thinke that the Bishops of that Prouince may suffice to end the businesse let him doe whatsoeuer in his most wise Councell he iudgeth best Before I proceed in this narration let some things of note bee obserued First the Bishops of Rome were now growen from the honest and godly conuersation of their Auncestours to admirable impudency that durst suborne a Canon of the Nicen Councell and publish their owne shame in the sight of the Church then and leaue an eternall monument thereof to the world for euer extant in publike Councels Secondly the ground of the Iurisdiction of the Bishop of Rome is forgerie famously attempted and famously con●…icted at that present time And yet this practise
alijs Episcopis sunt terminandae And to proue that scandalous men of the Clargie should not be punished or examined by Lay-men this reason is often repeated in diuers Epistles that if since the Apostles times that course had beene taken to punish such then few or none should now haue beene left aliue in the Clargie which is a secret confession that all the Clargie of the Court of Rome were at this time of euill and scandalous life and conuersation Marcellus as writing to Maxentius the tyrant is produced to say thus Synodum absque huius sanctae sedis authoritate Episcoporum quanquam quosdam Episcopos possitis congr●…gare nonpotestis regulariter facere neque vllum Episcopum qui hanc appellauerit apostolicam sedem damnare autequā hinc sententia defintiua proccdat These and such like are their grounds of Iurisdiction which need no refutation for absurdities carie alwayes their owne bane in themselues this is refutation ynough for such things to make those things well knowen 9. These testimonies for Iurisdiction drawen from these forged Epistles may giue vs occasion to obserue First that the Bishops of Rome haue long greedily gaped after this Iurisdiction to obtain their purpose herein haue made no bones at forgerie As first they attempted that forgerie of a Canon of the Nicen Councellin Saint Augustines time but were then repressed so the diuell to bring them to greater shame mooued them afterward to greater forgerie in deuising so many decretall Epistles to establish this Iurisdiction by this shamelesse attempt which by other direct meanes they could not doe Seconly so greedily are they set vpon this purpose as men blinded with affection that they consider neither manner nor matter nor coherence onely the impotent loue to this Iurisdiction carrieth them through thicke and thin as in many things may be obserued I obserue onely that which toucheth our question for in these Epistles this Iurisdictiō of the Church of Rome and appellation to that Church is maintained as from the institution of Christ himselfe out of these words Tues Petrus c. Now these Epistles must be supposed to be written long before Saint Augustines time when Zoz●…mus Boniface and Caelestinus claimed the same Iurisdiction by the forged Canon of the Nicen Councell for before those times these Bishops liued who are deuised the authors of these Epistles If these Epistles had then beene extant why did not the Popes claime their Iurisdiction by these testimonies which were supposed to be written so long before the Canons of the Nicen Councell What needed they to haue forged a Canon if they had so faire euidences to shew And why did they claime it by a Canon of the Councell when they might haue laid their claime directly from the commaundement of Christ 10. But if these Epistles were not then extant as certainely they were not why should any credit bee giuen to things so manifestly forged Why should any claime be made to Iurisdiction vpon such false grounds Thirdly we obserue also the cursed obstinacie and affected blindnesse of the learned Papists Bellarmine and such who know well that these Epistles are forged and confesse it knowing that this Iurisdiction of the Pope was neuer claimed iure diuino as from Christs owne institution before these Epistles by forgerie inuented that claime are so bewitched in the seruice of the Pope and in this question of Iurisdiction that against learning iudgement conscience all they hold this Iurisdiction to be iure diuino in the grossest sort maintaine it no otherwise then these confessed forgeries haue taught them by those deprauations corruptions and detortions of Scriptures Tues Petrus and such like An indifferent man would thinke that either they should not confesse these forgeries or confessing them they should hate and abhorre these grounds of Iurisdiction which onely the forged Epistles haue deuised from Scripture Fourthly by this we may looke a little farther into the deepenesse of Satan and behold how the Popes Clarkes lie plunging for Iurisdiction 11. For the Councell of Trent being awaked at the preaching of Master Luther and other and finding that the corruptions which were brought into the doctrines of the Court of Rome could not bee mainteined by Scriptures being directly repugnant thereto deuised a very foule shift to maintaine all by vnwritten traditions And for this purpose enacted a Canon that the traditions of the Church of Rome must be honoured and imbraced with the like honour and reuerence as the holy Scriptures are honoured Therefore they deuise the word of God to be either written in Scriptures or vnwritten in Traditions which vnwritten Traditions they reuerence for Gods word no lesse then the holy Scriptures themselues And if you aske how shall men trie true Traditions they aunswere there is no better triall then the iudgement of the Church of Rome Ex tcstimonio huius solius Ecclesiae sumi potest certum argumentum ad probandas Apostolicas Traditiones By these principles if they might once haue them graunted they thinke themselues able to conclude any thing to delude the holy Scriptures and to set vp prophane and Barbarous forgeries in place of holy Scriptures For if wee denie this pretended Iurisdiction they will aunswere that it is grounded vpon the word of God if we demaund what word they haue for it They tell vs Tu es Petrus c. and such like If wee say the sense and meaning of those Scriptures doe no way maintaine that Iurisdiction the auncient Fathers neuer expounded them so that that sense was neuer drawen from these Scriptures before these forged decretall Epistles deuised it To this they will say they take that sense of Scriptures which the Church of Rome taketh and the Pope who onely hath authoritie to giue the sense of Scriptures The summe and conclusion of all is this the Traditions of the Church of Rome are to be honoured and reuerenced with the same honour as the holy Scripture but these filthy forged and corrupt Epistles containe the Traditions yea are the Traditions of the Church of Rome therefore these filthy forgeries of corrupt men are to be honoured and reuerenced as the holy Scriptures 12. Now though some men vnlearned may be caried away with this vaine shew of Traditions yet wee see not how their learned men can plead ignorance or excuse who know that those expositions of these Scriptures were first forged in the decretall Epistles these be their Apostolicall Traditions these be matched with holy Scriptures I appeale to the conscience of any Papist that either is or would bee esteemed learned whether these Epistles be not forged in his iudgement And whether the ground of their Iurisdiction be not hence drawen And whether this Iurisdiction which in these Epistles is maintained concerning appellation was not repressed and vtterly denied by Saint Augustine and the rest of those auncients in the Cartheginian Affrican and Mileuitan Councels Perhaps it is not hard for a