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* 1.1IF there were no constitution for the choice of the Pope, and all the Cardinals should perish at once: the question is, in whom should be the right of the Election. Some hold, that the right of the choyce (setting aside the positiue law) should belong to the
Councell of Bishops: as Caietane in his treatise of the power of the Pope and Councell, chap. 13. Fran∣ciscus Victoria, Relect. 2. q. 2. of the power of the Church: others (as Siluester reports, in the word ex∣communication) teach, that it pertaines to the Cler∣gy of Rome. Bellarm. in his first booke of the mem∣bers of the Church militant. c. 10. p. 52.
Si nulla extaret &c.