any such formes of writing Yet this I will be bold to adde That if any man writing of the present occurrents and affaires of the world should deliuer his opinion that his Excommunication of the Pope were vniust it were not so heynous or damnable a matter For in reading the Christian Historiographers we shall finde infinite example of writers that haue deliuered their mindes freely of the decrees commaundements and actions of the Popes of their time and of those that liued before them And Indeed go no further then to that which all moderne writers haue reported of Alexander the sixt and Iulius the second and of some other both of their successors and predecessors onely God hath this perfection that he cannot erre and to be vnreprooueable All other ought to be verie carefull and heedfull of that which they because the good conceit and perswasion that the world may haue of their goodnesse and wisedome may serue for a bridle to restraine such as by the checke of their owne conscience will not bee conteined within the limits of their dutie But let vs goe on to the third obiection where he saith thus Bellarmine Now followeth the third vntruth And reading in the sacred Councell of Trent those words worthy indeed to be written in letters of Gold Although the weapons of Excommunication c. I could haue wished that as those holy Fathers haue prescribed vnto all Prelates a Rule which they are to obserue to make the vse of that medicine profitable where it is applied so they would haue likewise instructed religious and deuout consciences what their dutie is in case that their Prelates shall denounce censures against them contrarie to the forme prescribed by our Sauiour Christ by Saint Paule and by the ancient sacred Canons The translator not contented to haue vtteted an vntruth against the Pope addeth heere an other against the generall Counceil and so wrongeth at once both the head and principall members of holy Church he condemnes then the holy Councell of Trent of insufficiency in that hauing giuing a rule vnto Prelates not to vse Excommunication in sleight and friuolous causes It did not also instruct lay men how they should carrie themselues when their Prelates obserue not that rule being agreeable vnto the rule of Christ of Saint Paule and of the ancient holy Canons But if he would haue read out the whole decree of that holy Councell and not the first words onely he should haue found that which he makes shew to desire he would haue easily perceiued how falsly wrongfully he doth attribute vnto that Councell insufficiencie of doctrine The decree which he alleageth is the third of the last Lesson concerning matter of reformation And as in the beginning of the decree Prelates are admonished not to vse the sword of Excommunication Temere leuibus de causis that is rashly and for sleight and friuolous causes so in the end a caueat is giuen to Lay men euen such as are placed in publike offices of ciuill gouernment that it belongs not vnto them to iudge whether the Prelate in his Excommunication obserue the due forme and course prescribed or not And therefore the Counsell commaundeth all seculer Magistrates that they presume not to forbid or hinder the prelate from denouncing any excommunication much lesse command him to reuoke it vnder colour that it is not done orderly and according to the rule appointed Nefas autem sit saeculari cuilibet magistratui prohibere ecclesiastico iudici ne quem excommunicet aut mandare vt latam excommunicationem reuocet sub praetextu quod contenta in praesenti decreto nun sint obseruata cum non ad seculares sed ad ecclesiasticos haec cognitio pertineat these are the words of the holy councell which hath therein prouided for euery thing and taught vs that the duty of seculer magistrates is not to resist with force and violence the publishing of excommunications as the magistrates of the state of Venice do at this day abused and misled by some men that are more ready to flatter then to teach the truth of which number this fellow is one whom we are about to answere Here he accuseth Gersons translator of too things the one that he chargeth the councell with insufficiencie the other that if he had read the rest of the decree and not onely the begining he should haue found that he sought To the first obiection I will answere breifly because the second carrieth me away from insisting vpon any other consideration This is the very same argument that heretikes vse against vs for when we say that traditions are necessarie because euery thing is not found expresly in holy scripture as for example The crossing with the signe of the crosse the adoratiō of Images the inferior orders the consecration of Churches and altars they tell vs by and by that we make the scripture to be insufficient But indeede the scripture for all that can not be sayd to be insufficient because it contaynes all that which was conuenient and needfull to be written and leaues the rest to traditiōs which it giueth good allowāce of Thus doth Cardinall Bellarmine answere very often the obiections of the heretikes And so in this question we must say That the councell is not therfore to be holden insufficient because it deliuereth not all that ought to be knowen touching excōmunication if it haue omitted some particularities and referred them to be taught by catholike writers And it is well knowen to euery man with how many necessary declarations Pius Quintus hath supplied some defects of that councell in the point of spirituall consanguinity of affinitie by reason of fornication and of publike honesty And the congregation of Cardinals doth dayly supply in ome other points vnder the title of declarations The councell is no to be accounted among Canonicall writers But we are to thinke that if it had continued longer it would haue declared much more then it did and the author ought not to speake as he doth being so directly against the new constitution De quesito de auxilijs But heere perhaps some man will obiect that Gersons translator hath then committed an error in wishing that which the holy councell thought not expedient to doe But it is not true that it is alwaies euill to wish that which one vncapable of sinning euen by nature hath determined otherwise I wish that it had pleased god to haue permitted Pope Clement the eight to haue liued till these times and I doe not sinne in so wishing and yet god thought it not expedient But I know very well that there be some that will not be satisfied with the asscribing of such a sufficiencie onely vnto the Councell as we haue spoken of but they would gladly haue it to be such so great as should be without any defect or imperfection to the end that no man might say hereafter that there is any more neede of a Councell And in this
And as these consequences are necessarily deduced from this doctrine so it were well that they should be throughly with good insight considered of by them to whome indeede they belong But the true Christian doctrine and the common practise which we daily see auoids all these absurdities subiecting all Crimes and offences vnto the temporall Iurisdiction in foro mundano and to the ecclesiasticall in foro animae wherein how men ought to proceede wee can not bee better taught then by the example of Christ and his holy Apostles who neuer pretended to haue or exercise any temporall coertion or coactiue authority ouer mens sinnes But the Author goeth on and inueyeth against the translator not only in the point concerning the lawes but addeth further that his holinesse is not offended with the common wealth of Venice for punishing their subiects that offend but for presuming to lay hands vpon ecclesiasticall persons who are not subiect to any superior but the ecclesiasticall and he concludeth that whosoeuer will consider of the matter without passion shall finde that the Pope goeth not about to depriue that common wealth of any other liberty but the liberty to doe euill which is not giuen of God but of the Diuell Here first he layeth to the translators charge that wherein hee is not faulty at all yet hath he truly cited the words of the translator namely that the Popes censure was denounced vpon Christmas day But vpon that day there was no breefe of the Popes presented but that which concerned onely the two lawes That neither Churches should be built nor lands conueyed by laymen to ecclesiasticall persons without leaue of the State And that other censure for iudging and punishing of certaine Churchmen delinquents came not out till Februarie And therfore could not be mentioned by the translator writing as he doth cōcerning a report which was spread abroad of the censures denounced vpon Christmas day Surely a person of grauity ought not to stirre enuy against an other man but vpon true grounds But to the matter it selfe The ecclesiasticall persons offending against a lawe are not subiect to punishment he onely saith it but prooues it not If wee finde hereafter that he goeth about to prooue it we will answere him as shall be meete for the defence of the truth But in the meane time I may not deferre to say what is fit to be said concerning that proposition of his Ecclesiasticall persons saith he are not subiect to any but their spirituall superior This very proposition is produced as a speciall obiection against Cardinall Bellarmine by a certaine Frenchman who condems it as tending onely to sedition And Lewes Richehomme the prouinciall of the Iesuites in an Apology of his directed vnto the King of Fraunce answeres in the Cardinals behalfe in the 33. Chapter that hee doth not affirme this position but onely in causes meerely sacred as of faith religion Sacraments c. and that it was not his meaning to taxe or reprooue the custome of France where the secular magistrate vseth to iudge of crimes which are specially reserued to the ecclesiasticall courts And the same prouinciall turning his speech afterwards to the King say thus Episcopi Archiepiscopi Cardinales generalesque praepositi Religiosorum ordinum in totò sacr◠ordine excelsissimi omnium atque immunissimi primas tenent Propterea ne tamen aut tuae maiestati subiecti vel esse vel dici aspernantur quod fiat immune◠subiectique pontifici Romano And a little after hauing said that they acknowledge him for their King he goeth on Quod quomodo sane praestandum 〈◊〉 constituerent nisi se pari iure cum alijs atque sub tuo imperio esse faterentur Parentemne potest Dauidem suus Salomon compellare nec se eius tamen filium ea compellatione dicere And certainly Cardinall Bellarmine in his first Booke de Clericis Cap. 28. And the second conclusion with the reason he renders for it saith not by way of argument or question but definitiuely that ecclesiasticall persons are subiect to secular Princes But because this word subditi is not there so formally expressed I thought better to alleage one of his owne cōpany that in expresse and direct termes hath said it not only in that place before cited but repeats it also in the 36. chapter I forbeare to vouch S. Gregorie in his epistle mentioned before where he calls himselfe the subiect slaue or seruant of the Emperor And brings in God speaking thus vnto him Sacerdotes meos tuae manui cōmiisi which manner of speech I finde to be ordinary with the holy Fathers frequent in the Epistles of the Anciēt Popes And here me thinks a man might wel reply vpon the Author that this saying of his that the Pope went not about to debarre the state of Venice of any other liberty but to do euill may more truly be applied to them and it may be said that the state of Venice in punishing Church-men that offend do not any thing against the ecclesiasticall liberty nor go about to take any other liberty frō them but liberty to doe euill for we be all agreed in this That ecclesiasticall persons breaking a law do therein sinne But in the other point we do not agree that the common wealth hath sinned in correcting them I am prone to beleeue that the Author beeing so exceedingly well learned as hee is had a good meaning when hee saide that the libertye to doe euill is not giuen by GOD but by the Diuell Yet those wordes so deliuered are not Catholicke for by libertie to doo euill is vnderstood free-will which is naturall and of God and this will bee denied by none but Manicheus who makes the Diuell Author of it But I doe not denie as I said but the Author might haue a good meaning in it Yet a good meaning is scarse to be allowed for an excuse vnto him that is so seuere and rigorous a Censor of other men Especially considering what Saint Hierome saith ex verbis male prolatis incurritur haeresis The Author proceedes and by a comparison drawne from secular Princes from a sheepheard and a Pilot he concludes that the Pope Head of Christendome ought not to allow any liberty vnto Princes to make lawes that be preiudiciall to the Church the saluation of mens souls and whereby they procure damnation both to themselues and others These are goodly words at the first sight and such as are able to stagger a simple man by and by and to make him thinke that the author hath all right and reason on his side But when we shall examine and sift them we shall finde them to containe nothing but ambiguities and to conclude with the like Paralogisme that the rest haue done For first what meaneth he by the Church If the same which the holy Scripture meaneth and which the word it selfe doth properly signifie to wit the company of the faithfull it is verie true that he
that age held of him stiling him the most Christian Doctor and his so long continued exercise in teaching sacred diuinity and the things hee effected by his teaching his example and his publicke authority withall hee could hardly haue perswaded his reader that Gerson was a man likely to bee stirred by indiscreet affections But so powerfull is the will of contradiction that it transporteth him to detract not from Gerson alone but from the rest of the Doctors of that age and to taxe them as manifestly erronious and suspected and contrarie to the Scriptures Wee cannot denie the vnhappinesse of those times and the long durance of that scisme in the Romane Church but withall wee must needes acknowledge a much greater infelicitie in these of ours wherein so great Kingdomes haue made a totall separation from the same Church whereupon there is bred an appetite in some to supply and make vp by an intensiue way of improuement within those few regions that remaine all that was so lost in extent and territory abroad yea an infelicitie indeede may wee rightly tearme that of our times when there is not that father of the auncient Church that is not censured and when they dare take vpon them to say that if they had liued in these dayes they would not haue spoken as they haue spoken Neither is it to be beleeued that the occasions of those times did transporte men more to fauour the authority of Counsells more I say nay or any thing so much as the present occasions transport some to depresse them since it is euident that all the Kingdomes that are sequestred from the Church do desire and grone after a Councell Forasmuch as in very deede to speake in fauour of a Councell can not touch any one mans proper interest since no one person can aspire to become a Councell whereof hee must bee content to be but a fiue hundreth parte so as it is more to bee misdoubted the vnhappinesse of the present times caries on an affectation of excesse then that of the ages past did of any diminution A good zeale to cure scisme such as was that of Gerson and the rest of that age by the Authors owne confession it is not wont to transport to any peruerse opinion specially such as are no way interessed but this catiue zeale of inlarging ones own greatnes is a perilous motiue to seduce into blindnes Here I must not omit to note that it is a kinde of taxing of Gods prouidence to say that he suffered an age to fall into a manifest error contrary to the deuine scriptures an age that was moued out of a Godly zeale to reduce the holy Church to vnitie Men of much knowledge and godlines such as the Author confesseth that Gerson and the other most excellent Doctors of that age were are not suffered to fall into such errors since to fall into open errors repugnant to the Scriptures it is a defect so enormeous and exhorbitant that by the Authors good leaue I will auerre it that who so falleth into it hath no sparke of either godlines or knowledg To erre manifestly against the Scriptures is the greatest blindnesse that can happen to any Christian the greatest chasticement that God can impose in punishment of him whosoeuer shall make vse of the deuine authority to serue his owne turne in mondaine interests It is too to grose expresse a contradicton to be forced to confesse the great learning piety of Gerson and to say withall that he fell into open errours contrary to the Scriptures It is not as yet decided who holds the better opinion touching the authority of the sea apostolick whether Gerson or our Author that he should presume to pronounce it so absolutely that Gersons authority in the question of the Popes power is of no moment Moment is a terme relatiue and that which is of no moment with him is neuerthelesse of moment with others and if the Authors opinion be of value in any place then that of Gersons is esteemed of in many more But to leaue this apart in all these twelue considerations the Author could find no fault but at one only point that propounded incidētly the rest of the doctrine he must needs allow howsoeuer he streines him selfe what by limitations what by extensions to make a shewe of the contrarie yet in fine he approues all so that in direct dealing hee ought not to haue made this point of the superioritie of general councels for his principall question since that is not the point now in question nor any man affects to make any such vse of that point to drawe in his holinesse purposely for his obiect that it might beare any such construction that the defence of Gerson were in offence of his holines There wāted not saith the Author other writers more sound which might haue beene alledged and he nameth Saint Thomas S. Bonauentura S. Antonine in particular But Gersons doctrine That excommunications abusiue and nulle are not to be feared That we ought not to obey them but defend our selues against them That in cases doubtfull we ought to take aduise and that all ought to be vnited to the cōmon good it is the doctrine of both S. Thomas and of S. Bonauentura of S. Antonine of infinit others more but it is not indeed cōpacted all into one place so as it may be seene vnder one view in one small tractat as it is in this of Gersons He that will collect places out of these and out of their schollers he shall finde their doctrine I speake not here of that head touching the superiority of the Councell but of the rest to be in all and through all points conforme to that of Gersons Here I will adde this that if the author shall protest vnto me that he will admit of all S. Bonauentures doctrine who was a man of so great sanctity and knowledge I wil vndertake to produce him places that shall giue him much more trauerse then Gerson and those other of his time haue done and wel he might haue forborn these terms of suspected erronious not haue ascribed thē to one whō himselfe acknowledgeth for one of great learning religiō But let vs now heare another greater reprehension But the cause Bellarmine which induced the Author of the praeface to translate and publish Gersons two treatises is most blame-worthy of all the rest To the end saith he that euery godly and religious conscience in reading them may take comfort and not incurre that great iudgement which God sends vpon the reprobate to conceiue a feare of those things which are not to be feared Trepidauerunt timore vbi non erat timor Behold how farr mans blindnesse aspires to abuse and misapply the word of God to take away the feare of God The holy Prophet in the 13 and in the 52 Psalme he saith The vngodly feare not the true God who is most worthy to be feared Non
sententia deponat errorem vacua est sed si iniusta est tanto eam curare non debet quanto apud deum Ecclesiam eius neminem potest iniqua grauare sententia ita rigo ea se non absolui desideret quà se nullatenus perspicit obligatum The Authors words which next follow that this doctrine extends spreads it selfe further to the disparaging of Masses Vespers Confessions Feasts and Feast-euens Vigiles c. they require no further answer sithence the resistance which the state of Venice makes against the foresaid precept is not made but meerely to preserue the Masses Vespers the Feasts and their Vigiles which some would take away put the state in hazard to inebriate fill it selfe with some pernicious opinion Some other men might heere say that such such a kingdome in the age last past hath lost the sound religion by reason of scandales giuen them from Churchmen indeed the famousest and truest Historians affirme no lesse And if this state did not at this present out of it owne piety vse all diligence to preserue the religion but should be earnest to put the Popes words in execution I will not say his meaning sot I hope it is exceeding good it would for truth be vtterly ouerthrowen with an extream downfal These mē haue not yet soūd by experiēce what the taking away of the exercise of holy religion from the people it may import in these times All the Hebrews that haue sprung vp since the yere 1300 are growne to the height of this day they had no other beginning but out of those innumerable excommunications interdictions which began to be put in vse in the yeare 1200 and so continued on all that age through He that shall read ouer the stories of all those years wil haue much ado to abstain frō tears in reading such a spirtual hauock fal of soules Thus are we come by the grace of God to the 6. last opposition where the Author saith In the end the writer of this preface not satisfied with hauing abused a place of the old Testament he serues his turne all out as badly out of the new Testament saying but according to the Apostle Bellarmine being strong in the Lord in the power of his might they will take the shield of faith oppose it against indiscreet excommunications and the armes of the spirit which is the word of God Luther nor Caluin could not more apparantly haue imployed the word of God against God The Apostle in the Epistle to the Ephesians the last chapter speaketh of the resistance which the faithfull are to make against the infernall diuell Vt possitis stare contra incidias diaboli And a little after In omnibus iumentis scutū fidei in quo possitis omnia tela nequissimi ignea extinguere As also saith S. Peter Cui resistite fortes in fide and S. Iames Resistite Diabolo fugiet à vobis And this new diuine applies this resistance to the censures of the supreme Bishop as if the Apostle in stead of saying Arme your selfe with faith and with the word of God to resist the diuell had said Arme your selues with faith and with the word of God to resist god in his vicar And what faith is that or what word of God that teaches to resist Gods vicar Nay what manner of faith is it or what word of God which doth not teach vs to be subiect and to obey the Prelats of the holy Church saith not S. Paule in the 13 chapter of the Epistle to the Hebrewes Obedite praepositis vestris subiacete eis Saith not Christ himself Mat. 18. Si ecclesiā non audierit sit tibi sicut Ethnicus publicanus Indeed the Author alleageth S. Pauls text in it right sense but yet not in a contrary sense to that to which Gersons interpreter did apply it S. Paule spake in generall against the assaults of the diuell Frier Paulo and the interpreter vnderstands it that indiscreet excommunications are one kind of the assaults of the diuell and it should be a contradiction to terme them indiscreet excommunications and not to hold withall that they proceed from the diuel S. Iohn saith Omnis qui facit peccatumex diabolo est And I beleeue this to be a most Catholik holy positiō that an excommunication thundred forth against him that doth well and that obeyeth Gods commandemēts hath it original from the diuels perswasion and it is one sort of those insidiations which he practiseth against the faithfull The Author knows it that we haue not to combat with the diuell in flesh bones All that whatsoeuer tends to the destruction of the spiritual state of the Church which is the kingdom of christ it is the work of the diuel if it be secret it is an insidiatiō of all works that are wrought to the Churches detrimēt whose doing soeuer they be the scripture makes the diuel the author as indeed he is thogh he do not put thē in executiō by himself the destructiō of many Churches the deformatiō of others by reason of these indiscret excōmunications make proof that the diuel lies in wait to supplāt christs flock euē with the same meanes which Christ instituted to preserue it When S. Paule saith to the Thessalonians that the diuel had often hindred him from comming to them he doth not meane that this was otherwise done then by the actions of men The diuell he practiseth imployeth all sorts of persons to this end then not alwaies out of malice but out of error and who thinking to do well with an indifferent zeale do but execute his wicked intētions the holy scriptures tel vs expresly that these such like are the diuels own deeds We may read it in S. Mathew how after S. Peter had confessed our Lord to be the son of God that he had promised him the keyes of the kingdome of heauen how he cōmanded his disciples not to make it knowen to any that he was the Christ for that it behoued him to suffer to die in Ierusalē Then S. Peter reproued him saying Absit à te domine non erit hoc tibi But our Lord turned back and said to Peter Vade post me satanae scandalum es mihi quia non sapis ea quae dei sunt sed ea quae hominum Who wil make any doubt that S. Peters zeal had not a good meaning that it sprang not from a good affection Yet because he went about to hinder as much as in him lay the worke of our redemption the edification of the Church which was to issue forth of the side of Christ opened vpon the crosse Christ cals him Satan Now it is no inconuenience to hold that if S. Peter through wāt of foresight well deserning what he did dealt in a matter with a good intent yet to the destruction of the Church
but in the Bull it selfe it is not sayd so It is true that it prohibites such appeales but the reason is because they haue reference to that which is not and of which there is no certaintie when it shall bee In the meane time the poore are oppressed by the mightie offences remaine vnpunished Rebellion is fostered against the first sea it is free for euery one to offend all Ecclesiasticall discipline and Hierarchicall orders are confounded where you may perceiue that Pius 2. doth not alleadge his superiority for a reason which had been an euident and pregnant argument because there is no appeale but to a Superiour Let no man reply that though it be not expressed yet it may be collected out of those wordes for there is no likelihoode that hee would so slightly passe ouer that which is most substantiall and insist with such diligence vpon so many thinges that are but accidentall Besides this before he doth alleadge these causes aboue mentioned he affirmeth that he omitteth others manifestly contrary to this corruption which argueth that the causes alleadged are the most principall and that the others are of lesse importance and therefore that poynt of Superioritie is of no force in this place Moreouer these wordes of our Author in the Councell of Mantua serue onely to abuse the Reader for it was neither done in a generall nor prouinciall nor any other Councell at all It is true that Pius the 2. was in Mantua as it lay in his way but he had no body with him saue onely his owne Court as by the wordes of the Bull it appeareth which sayth By the aduice and consent of our reuerend brethren the Cardinals of the holy Church of Rome and all the Prelates with the Ciuillians and Canonists which follow the Court But yet that which followeth in the Author is worse that Pius the 2. did excommunicate whomsoeuer should appeale from the Pope to the Councell And that Iulius the 2. did renew this Excommunication and that all the Popes succeeding them haue done the same in the Bull intituled In Coena If this Bull of Pius the 2. and that of Iulius the 2. and all the other Bulles of that title were not extant this Obiection would remaine vnanswered But I will maintaine that no Pope did euer excommunicate for appealing to a Councell Vnlesse it were to a future councell all these Bulls may be seen and read And because Poenae sunt restringende No Canonist will say that appellantes ad praesens concilium when any such is shal be excōmunicated by virtue of these Buls this then will not serue him to proue that the Pope is superiour to the councell But why did the author leaue out the word futurum If Gersons interpreter had committed such a fault what censure would haue beene thought seuere enough for him the reason of Pius 2. is good against those which do appeale to that which is not neither is it certaine when it shall bee that is a future councell but it is not good against appealing to a present councell and this is the reason that all Popes haue excōmunicated appellantes ad futurum concilium Let not vs then leaue out the word futurum howsoeuer our passions could bee contented to conceale it After this digression the author returnes once againe into Constance and saith that Pope Martin 5. with the consent of that councell did ordaine that they which should be suspected of heresie should be interrogated whether they did beleeue that the Pope had the Supreame power in the Church of God from whence he doth conclude that the councell did intend the Superiority to be in the Pope and that the decree in the 4. Ses is to be vnderstood of a Pope vncertaine according to his owne exposition for that otherwise the councell should be contrarie to it selfe but how this interrogation is vnderstood whereof the Pope and the councel do make mention let the author vouchsafe to peruse the 8. Ses where amongst the 45. condemned errours of Wickliff the 41. is Non est denecessitate salutis credere Romanā Ecclesiam esse supremam inter alias Ecclesias The councell followeth Error est si per Romanam Ecclesiam intelligat vniuersalem Ecclesiam aut Concilium vniuersale aut pro quanto negaret primatum summi Pontificis super alias Ecclesias particulares This one point being read doth make it manifest that the councell of Constance did intend that the Pope had the superiority ouer all churches seuered but not vnited And here the author leauing the councell of Constance walks another way Bellarmine and takes vpō him to proue by authority of scripturs by the consēt of councels and by reason that Gersons opinion is manifestly erronius saying But laying aside the councell of Constance it is most easie to bee proued by the authority of Scripture by Councells and by Reason that Gersons opinion is manifestly erronious The Scripture doth no where giue authority to the Church and to the councels aboue their Pastors much lesse aboue the supream Pastor but contrarily that Bishops are ordained to gouerne the Church of God appeareth Act. 20. where Saint Paul saith that God hath placed Bishops to gouerne the Church of God And by these wordes of our Sauiour in the 16. Mat. where he saith to his Viccar Super hanc Petram aedificabo Ecclesiam meam where Christ making Saint Peter the foundation of his Church did make him the head of that mysticall body for that which a foundation is in respect of a house the same the head is in respect of the body and we see that the head hath power ouer all the rest of the body but the rest of the body hath no power ouer the head In like manner Io. 21. when Christ said to Peter Pasce oues meas he made him sheapheard ouer all his flocke and doubtles the flocke hath no authority at all ouer the sheapheard but the sheapheard ouer the flocke Lastly where as our Sauiour Luc. 12. Quis est fidelis dispensator prudens quem constituit Dominus super familiam suam saith Doubtlesse hee doth declare that a Bishop in his particular Church and the Pope in the church vniuersall is as it were a high Steward in Gods family and as the high Steward hath authority ouer the familie and not the familie ouer him so hath the Bishop ouer his Dioces and the Pope ouer the Church vniuersall and not the Diocesse ouer the Bishop nor the Church ouer the Pope though assembled in a generall councell and to this end it is that our Sauior in the same place addeth these wordes Quod si dixerit Seruus ille in corde suo moram facit Dominus meus venire coeperit percutere seruos ancillas edere bibere inebriari veniet Dominus serui illius in die qua non sperat diuidet eum partemque eius cum infidelibus ponet Out of which words it may be gather'd that
do agree is the litterall sense of this place howbeit besides this generall exposition some men with an argument a minori do as it were by a singularity applie it to the pastors but the author doth well to conceale that all the fathers when they apply this place to the pastors add these words also Quod si coeperit percutere seruos ancillas edere bibere inebriari c. and make long digressions against their faults and errours And peraduenture this percutere seruos ancillas is that which wee see is come to passe in the present occasion Gerson therefore will not denie but this parable spoken to all but more especially to Pastors is most properlie to be appplied to the Pope and therefore let it be saide vnto him that if he giue himselfe ouer to surfetting and to iniury his neighbours the Lord will come and punish him when he lookes not for him howbeit we cannot conclude that he is therefore subiect to no other punishment for by that reason it would follow that no fornicatour or adulterer could bee punished of men because it is written Hebreues 13. Fornicarios adulteros iudicabit Dominus by that reason no sinne is punishable by man because it is written iustum impium iudicabit Dominus Ecclesiast 3. in like sort it is not permitted to meÌ„ to judge because our Sauiour in the 5. of Iohn saith Omne iudicium dedit filio it is not well that the scripture should be thus wrested and peruerted all these texts are to be vnderstood of the iudgement of the world to come wheruÌ„to it is not repugnaÌ„t that there shold be punishmeÌ„ts in this world both Ciuil Ecclesiastical neither is there any commoÌ„ persoÌ„ so ignorant but doth vnderstand that these ordinary phrases God shall iudge God shall punish c. tend not to the excluding of humaine iudgements and corrections and thus we see that this text serueth not to proue that the Pope is exempted from the ceÌ„sure of the Church and consequently of the councell and Gerson doth not insist vpon the parable but vpon the litteral sense of the place now let vs examine our authors other proofes wherein he proceedeth after this manner Vnto this truth which we haue proued by Scriptures Bellarmine the sacred Councels do also beare witnesse at what time Pope Saint Marcelinus for feare of death committed that sinne of offering sacrifice to Idols A great Councell was assembled in Sinuessa to treate of that matter but al that councell did acknowledge that it had no power to censure the Pope Prima sedes a nemine iudicabitur of this councell Pope Nicolas doth make mention in his epistle to the Emperour Michaell in like sort a Romane Councell assembled by the Pope Sainte Siluester in the last Canon of it doth declare that the first Sea namely the Sea of Rome is not to bee judged of any the Councell of Calcedon which is one of the foure first generall councels in the 3. Act of it condemned Dioscorus the Patriarch of Alexandria together with the whole second Councell of Ephesus because they tooke vpon them to iudge the Pope of Rome Now if that Patriarch which after the Pope possesseth the highest place in the church together with the whole Councell haue no authority to iudge the Pope it plainely followeth that the Councell is not aboue the Pope otherwise they might haue iudged him After this the 5. Roman Councell vnder Pope Simachus approued that opinion of Ennodius as if it had beene an opinion of their owne Aliorum hominum causas Deus voluit per homines terminari Sedis istius Praesulem suo sine questione reseruauit arbitrio Voluit Petri Apostoli successores Coelo tantum debere innocentiam in the Act. 7. of the 8. generall Councell we reade thus Romanum PontificeÌ„ de omnium Ecclesiarum Praesulibus iudicasse de eo vero neminem iudicasse legimus Paulus Emilius in his 3. book of his story writeth that a great CouÌ„cell of Bishops being assembled in the presence of Charlemaine by occasion of certaine matters obiected against Pope Leo the 3. all the Bishops cried out with one voice that it was vnlawfull for any man to iudge the Pope The generall Councell of Lateran vnder Alexander the 3. being to make a decree touching the forme to be obserued in the election of the Popes saith we are to proceede in this election with singular diligence for if any error be committed in it there is no Superiour to whom we may haue recourse there is none vpon earth superiour to the Pope Let him reade the chapter Licet extra de electione Finally in the Lateran Councell vnder Leo tenth in the Sess 11. it is expressely determined that the Pope is superior to any Councell whatsoeuer and therefore it appertained onely to him to summon the Councells to transfer and to dissolue them Now if these Councells themselues do acknowledge that they are subiect to the Pope who will be so hardie to say that the Councell is superiour to the Pope or that it is lawfull to appeale from the Pope to the Councell â—rier Paolo The first proofe which our authour bringeth is that when the Pope S. Marcelinus did for feare of death offer sacrifice to Idolles there was a great councell assembled in Sinuessa to treat of this matter and all the Councell did confesse that they had no power to iudge the Pope and that Pope Nicholas the first did make mention of this Councell which is true and which is more the Acts of it are extant to this day to this they of Paris do answere that this Councell was not generall and that vnder these wordes Prima sedes a nemine iudicatur a generall Councell is not comprehended it seemeth strange vnto them that the Councell being assembled onely vpon this occasion it should conceiue that it had no authority to determine it and it is more strange that Marcelinus denying the fact that the Councell had not eftsoone departed for so the matter had been at an end and not proceeded to conuict him as indeed they did producing first 7. witnesses which affirmed they saw him offer sacrifice after this they examined as many witnesses more as made vp the number fourteene The second day they produced 14 more who being interrogated by the Bishoppes affirmed the same The third day he examined 44. more so that the number of witnesses amounted to 72 called Labra occidua it is certaine that to examine witnesses is a iudiciall act of a superiour and it is as certaine that Marcelinus after the examination of these 72. prostrated himself vp on the ground and acknowledged his offence and the Teste saith that the Bishops Subscripserunt in eius damnationem damnauerunt eum and one of them said Iuste ore suo condemnatus est ore suo Anathema suscepit Maranatha quoniam ore suo condemnatus est nemo enim vnquam iudicauit Pontificem nec praeâ—ul