A replie vnto M. Hardinges ansvveare by perusinge whereof the discrete, and diligent reader may easily see, the weake, and vnstable groundes of the Romaine religion, whiche of late hath beene accompted Catholique. By Iohn Iewel Bishoppe of Sarisburie.

The B. of Sarisburie.

It is certaine, that the Bishops of Rome, to atteine the preeminence, and ful∣nes of power ouer al the worlde, letted not to vse many ambitious, and impor∣tune meanes, and manifestly to falsifie the Canons of the Holie Councel of Nice. Sithence whiche time they haue not beene idle: but haue forged new Canons to this purpose vnder the name of Clemens, Anacletus, Euaristus, Telesphorus, Higinus, and other Martyrs: and bisides haue diuised other like Canons of their owne. The Decretal Epistle, that is abrode vnder the name of Iulius, séemeth to sauour of some corruption, bothe for sundrie other causes, and also for that it agrée∣eth not with the very true Epistle of Iulius, whiche Athanasius allegeth in his Apologie:* 1.1 and yet ought bothe these Epistles to be al one without difference. Wherfore we haue good cause to thinke, That al is not Gospel, that commeth from Rome.

Thus ambitiously to auance them selues, vnder pretence of suche Appeales,* 1.2 oftentimes not vnderstandinge the case, as it wel appeareth by that is written of Apiarius, and by the storie of Flauianus, and Eutyches, they founde faulte with good Catholique Bishops, and receiued Heretiques into their fauour: wherwith∣al the Bishoppes in the General Councel of Aphrica, fynde them selues muche gréeued.

Firste therefore I must shewe, that there laye no such ordinarie Appeale from al Countreis of the worlde to the Bishop of Rome, & that therefore the same is by M. Hardinge vntruely auouched. That doone, I trust, it shal not be harde to an∣sweare these places of Chrysostome, Athanasius, and Theodoretus here alleged. And that there laye not any suche Appeale to Rome, it is plaine by consent of Ge∣neral Councelles, by the authoritie of Holie Fathers, and by the Lawes, and Or∣dinances of Emperours, and Princes: By whiche groundes, it is easie to vnder∣stande the practise, and order of the Churche in those dayes.

In the Councel of Nice it is Decréed thus,* 1.3 Ab alijs excommunicati, ab alijs ad Com∣munionem ne recipiantur. Let not them that stande Excommunicate by one Bishop, be re∣ceiued againe to the Communion by any other. M. Hardinges Appeales, and these woor∣des can not wel stande togeather. But he wil saye, The Bishop eyther of igno∣rance, or of malice maye Excommunicate the partie wrongfully. In this case the same Councel hath prouided remedie of Appeale, not vnto the Bishop of Rome, but vnto a Prouincial Synode within the Countrey. These be the woordes, * 1.4 Ergo, vt haec possint digna examinatione perquiri, rect•• visum est, per singulos annos, in singulis prouincijs, bis in anno, Episcoporum Concilium fieri, vt simul in vnum con∣uenientes ex communi Prouincia, huiusmodi quaestiones examinent. Therefore that these thinges maye be wel examined, it is wel prouided, that euery yeere in euery Prouince, at two seueral times, there be holden a Councel of Bishops, that they meetinge togeather out of al partes of the Prouince, maye heare, and determine suche complaintes.

The Bishoppes in the Councel holden at Tela in Spayne, ordeined thus, Presbyteri, & Clerici, ne appellent, nisi ad Aphricana Concilia:* 1.5 Let it not be lawful for Priestes, or Clerkes, to Appeale (to Rome) but onely to the Councelles holden in Aphrica.

So in the Mileuitane Councel,* 1.6 Si ab Episcopis appellandum putauerint, non pro∣uocent, nisi ad Aphricana Concilia, vel ad Primates Prouinciarum suarum. Ad transma∣rina autem qui putauerint appellandum, à nullo intra Aphricam in Communionem reci∣piantur: If they thinke it meete to Appeale from their Bishops, let them not Appeale, but onely to the Councelles of Aphrica, or vnto the Primates of their owne Prouinces. But if they shal make their Appeale beyonde the Seas, (that is, to Rome) let no man in Aphrica re∣ceiue them to the Communion.

So likewise in the Councel of Aphrica,* 1.7 Si fuerit prouocatum, eligat is, qui prouo∣cauerit, Iudices, & cum eo & ille, contra quem prouocauerit, vt ab ipsis deinceps nulli li∣ceat prouocare. If Appeale be made, let him that shal Appeale, choose other Iudges of his side, and likewise letthe other doo the same against whom he Appealeth: that from them af∣terwarde, it be lawful for neither of them to Appeale.

And agayne in the same Councel, Non prouocēt, nisi ad Aphricana Concilia,* 1.8 Let them not appeale, but onely vnto the Councelles holden within Aphrica, and so foorthe woorde by woorde, as is alleged out of the Councel of Mileuita. But here I may not wel passe ouer Gratians Glose, touchinge this mater. For, where as the Councel hath determined, that if any man appeale beyonde the Seas, he stande Excommunicate, Gratian hath expounded, & salued it with this preatie exception. Nisi forte Romanam Sedem appellauerint, Onlesse they appeale to the See of Rome.* 1.9 And so by his construction, he excepteth that onely thinge out of the lawe, for whiche onely thing, the whole lawe was made. For it is plaine, and without al question, that the Councel of Aphrica specially, and namely meante to cut of al appeales to

the See of Rome. And yet those onely appeales, Gratian by his Construction woulde haue to be saued.

But what can be so plaine, as the Epistle of the twoo hundred, & seuentéene Bi∣shoppes in the Councel of Aphrica, sent vnto Coelestinus* 1.10 Bishop of Rome, decla∣ringe at length bothe the state, and conueyance of the cause, and also their griefe, and mis••iking of the whole mater. The woordes lie thus, Decreta Nicena siue infe∣rioris gradus Clericos &c. The Decrees of the Councel of Nice, haue euidently committed bothe the Clerkes of inferiour roumes, and also the Bishoppes them selues vnto their Metro∣politanes. For bothe iustly, and discretely they prouided, that al manner actions should be de∣termined in the same places, where they beganne: and likewise thought, that no Prouince should wante the Grace of the Holy Ghoste, whereby Christian Bishops, might be hable bothe wisely to consider, and also constantly to mainteine the right. And specially seeinge that liber∣tie is geuen, that if either partie mislike his Iudges order, he may lawfully appeale either to a Conuocation of Bishoppes within the same Countrie, or els to a General Councel. Onlesse any man wil thinke,* 1.11 that God is hable to inspire the Iustice of trial into one man alone (meaning thereby the Bishop of Rome) and wil denie the same to a greate number of Bishoppes, be∣inge in Councel altogeather. And how can your beyonde sea iudgement appeare good, see∣inge that the witnesses, whiche be parties necessarie, either for that they be wemen, or for that they be aged, and weake, or for many other incident impedimentes, cannot come vnto it? As for any Delegates, that should be sent, as from your side, wee finde no suche mater deter∣mined in any Councel. And touchinge that you sent vs of late by Faustinus our felowbishop, as parte of the Nicene Councel, in the very true Councelles of Nice, whiche wee haue receiued from holy Cyrillus the Bishop of Alexandria, and from Atticus the Bishop of Constantinople &c. wee finde no suche mater.* 1.12 Neither sende yee, nor graunte yee, your Clerkes to execute causes at any mannes request, least wee seeme to bringe a smokie puffe of worldly pride into the Churche of Christe, whiche vnto them that desire to see God, sheweth the light of simplicitie and humilitie &c.

The Byshoppes of the East parte of the worlde, beinge Arians, writinge vnto Iulius the Bishop of Rome,* 1.13 tooke it gréeuousely, that he woulde presume to ouer rule them: and shewed him, It was not lawful for him, by any sleight, or co∣lour of appeale, to vndoo that thinge, that they had doone.

S. Cyprian* 1.14 findinge faulte with suche renninge to Rome, and defeatinge of Iustice, writeth vnto Cornelius the Bishop there in this sorte: Cum aequum iu∣stum{que} sit, vt vniuscuius{que} causa illic audiatur, vbi crimen est admissum, & singulis pastori∣bus portio gregis sit adscripta, quam regat vnusquis{que}, & gubernet, rationem sui actus Do∣mino redditurus, oporte•• vti{que} cos, quibus praesumus, non circumcursare, nec Episcoporū concordiam cohaerentem sua subdola & fallaci temeritate collidere: sed agere illic causam suam, vbi & accusatores habere, & testes sui criminis possint: nisi paucis desperatis, & perditis, minor videtur esse authoritas Episcoporum in Aphrica constitutorum, qui iam de illis iudicauerunt &c. Seeinge, it is meete, and right, that euery mans cause be hearde there, where the faulte was committed, and seeinge, that euery Bishop hath a portion of the flocke allotted vnto him, whiche he must rule, and gouerne, and yelde accompte vnto the Lorde for the same, therfore it is not meete, that they, whom wee are appointed to ouersee, doo thus ren aboute (with their appeales) and so with their suttle, and deceiteful rashenesse, breake that concorde and consent of Bishoppes. But there ought they to pleade their cause, where they may haue bothe accusers, and witnesses of the faulte.* 1.15 Onlesse perhaps a few desperate, and lewde fellowes, thinke the authoritie of the Bishoppes of Aphrica, whiche haue already iud∣ged and condemned them, to be lesse, then is the authoritie of other Byshoppes.

Hereby it is cleare, that the godly Fathers, and Bishoppes in olde times, mis∣liked muche this shiftinge of maters to Rome, for that they saw it was the hin∣derance of right, the increase of ambition, & the open breache of the holy Canons.

And therefore the Emperour Iustinian, foreséeinge the disorders, that hereof

might grow, to bridle this ambitious oultrage, thought it necessary for his sub∣••••••••es, to prouide a straite Law in this wise to the contrary. Si quis Sanctissimorum Episcoporum eiusdem Synodi dubitationem aliquam adinuicer ••habeat, siue pro Eccle∣siastico iure, siue pro alijs quibusdam rebus,* 1.16 prius Metropolita eorum, cum alijs de sua Sy∣nodo Episcopis, causam examiner, & iudicet. Quod si vtra{que} pars rata non habuerit ea, quae iudicata sunt, tunc beatissimus Pa••riarcha Dioceseos illius inter eos audiat, & illa determi∣net, quae Ecclesiasticis Canonibus, & Legibus consonant, Nulla parte eius sententiae cō∣tradicere valente.* 1.17 If any of the moste holy Bishoppes, ••einge of one Synode, haue any ma∣ter of doubte, or question amonge them selues, whether it be for Ecclesiastical right, or any o∣ther maters, First let their Metropolitane with other Bishoppes of the same Synode, exa∣mine, and iudge the cause. But if bothe the parties stande not to his, and their iudgementes, then let the moste holy Patriarke of the same Prouince, heare, and determine their matter ac∣cordinge to the Ecclesiastical lawes, and Canons. And neither of the parties may vvith∣stande his determination. And immediatly after, Patriarcha secundum Canones, & Leges Praebeat finem.* 1.18 Let the Patriake accordinge to the Lawes, and Canons, make an ende. By these woordes al Appeales be quite cutte of from the Sée of Rome.

Likewise the Emperours Honorius, and Theodosius haue taken Appeales away from the Bishoppes of Rome, and haue commaunded the same to be entred before the Bishop, and Synode of Constantinople. The Lawe is written thus, Omni innouatione cessante,* 1.19 vetustatem, & Canones pristinos Ecclesiasticos, qui vs{que} tunc tenuerun••, per omnes Illyrici prouincias seruari praecipimus: vt si quid dubietatis emerse∣rit, id oportear, non abs{que} sententia viri Reuerendissimi Sacrosanctae Legis Antistitis Ec∣clesiae vibis Constantinopolitanae, quae Romae veteris praerogatiua laetatur, Conuentui Sacerdotali, & Sancto iudicio reseruari.* 1.20 Al innouation set aparte, wee commaunde, that the olde order, and the auncient Ecclesiastical Canons, whiche hitherto haue holden, be keapte stil through al the Prouinces of ••llyricum: that if any mater of doubte happen to arise, it be put ouer to be determined by the holy iudgement, and assemblie of Bishoppes, not without the discretion of the most Reuerende the Bishop of the Citie of Constantinople, which Citie now inioieth the Prerogatiue of Olde Rome. Here M. Hardinge may not forgeate, that the Churche of Constantinople had as greate prerogatiue in al respectes, of Preeminence, Superioritie, and Uniuersalitie of charge, as euer had the Churche of Rome. Wherfore if the Bishop of Rome were Head of the Uniuersal Churche, it must néedes folow, that the Bishop of Constātinople was likewise Head of the Uniuersal Churche.

And againe, the Emperour Leo in plainer woordes: Omnes qui vbicun{que} sunt, vel post hac fuerint,* 1.21 Orthodoxae Fidei Sacerdotes, & Clerici, cuiuscū{que} gradus sint, Mo∣nachi quoque, in causis ciuilibus, ex nullius penitus maioris, minorisue sententia Iudicis commonitoria, ad extraneaiudicia perirahātur, aut prouinciam, vel locum, vel regionem, quam habitant, exire cogantur. Al that be, or hereafter shal be, Priestes, or Clerkes, of the Catholique Faith, of what degree so euer they be, Monkes also, let them not in any Ciuile Actions be drawen foorth to f••ren Iudgement, by the summone, or commaundement of any Iudge, more, or lesse: neither let them be driuen to come foorthe of, either the Prouince, or the place, or the Countrie, where they dwel. Thus, whether the Action were Ecclestasti∣cal, or Ciuile, the partie was to be hearde within his owne Prouince, and coulde not be forced, to appeare abroade.

Certainely, what good likinge S. Bernarde had herein, it appeareth hy his woordes: For thus he writeth to Eugenius the Bishop of Rome. Quousque non euigilat consideratio tua ad tantam Appellationum confusionem? Ambitio in Eccle∣sia per te regnare molitur: praeter ius,* 1.22 & fas, praeter morem, & ordinem fiunt. Repertum ad remedium, reperitur ad mortem: Antidotum versum est in venenum▪ Murmur loquor, & querimoniam Communem Ecclesiarum. Truncari se clamant, & demembrari. Vel nullae, vel paucae admodum sunt, quae plagam istam aut non doleant, aut non timeant. When wil thy consideration ••wake to beholde this so greate confusion of Appeales? Am∣bition, and pride striueth through thee to reigne in the Churche. These Appeales be made bi∣side

al Lawe, and Right, biside al manner, and good order. It was diuised for a remedie: it is founde turned to deathe: That was Triakle, is chaunged into poison. I speake of the murmuringe, and common complainte of the Churches. They complaine, they be maimed, and dismembred. There be either no Churches, or very fewe, but either smarte at this plague, or stande in feare of it. This is that woorthy grounde, wherevpon M. Hardinge hath layde the firste fundation of his Supremacie: A Confusion, a Death, a Poyson, a Terrour, and Dismembringe of the Churches: practised against Lawe: against right: against manner: and against good order: misliked by the Holie Fathers: disallowed by godly Councelles: and vtterly abrogated, and abolished by sundrie woorthie, and noble Princes. This is M. Hardinges principall fundation of his Primacie.

But yet these men wil saye, Chrysostome, Athanasius, and Theodoretus be∣inge Godly Fathers, and holie Bishops, appealed to Rome, and acknowleged the Popes authoritie, and besought him to vse the same. For the true vnderstan∣dinge hereof, it shalbe necessarie to consider the state, that these godly Fathers then stoode in, and the miserable confusion of the East parte of the worlde in those daies. Chrysostome thereof writeth thus,* 1.23 Certamen est totius orbis: Ecclesiae vs{que} ad genua humiliatae sunt: populi dispersi: Clerus diuexatus: Episcopi exules: constitu∣tiones Patrum violatae. It is the contention of the whole worlde: The Churches are brought vpon their knees: the people is scatered: the ministerie is oppressed: the Bishops are bani∣shed: the constitutions of our Fathers are broken.* 1.24 The Emperours Captaine with a bande of souldiours besette the Churche, where Athanasius was prayeing: Of the people, that was with him,* 1.25 some were spoiled, and bannished, some trodden vnder the souldiours féete, some slaine where they went. Paulus the Bishop of Con∣stantinople was hanged: Marcellus the Bishop of Ancyra was depriued:* 1.26 Lucius the Bishop of Adrianopolis died in prison: Theodulus, and Olympius two Bi∣shops of Thracia, were commaunded to be murthered. The Emperour had com∣maunded Athanasius to be brought vnto him, either deade, or aliue.

These Godly Fathers, beinge thus in extreme miserie, and séeinge their whole Church in the East parte so desolate,* 1.27 were forced to séeke for comforte, wher∣soeuer they had hope to fynde any: and specially they sought to the Churche of Rome: whiche then, bothe for multitude of people, and for puritie of Religion, and Constancie in the same, and also for healping of the afflicted,* 1.28 and intreatinge for them, was moste famous aboue al others. In like sorte sometimes they fledde for healpe vnto the Emperour.* 1.29 So Athanasius beinge condemned in the Coun∣cel at Tyrus, fleadde to Constantinus the Emperour: Flauianus vnto the Em∣perours Theodosius, and Ualentinianus:* 1.30 Donatus à Casis Nigris vnto Con∣stantinus. And the Emperours sometimes called the parties, and hearde the mater them selues:* 1.31 Sometimes they wrote fauourable letters in their behalfe. The Emperour Constans wrote vnto his brother Constantius, to cal before him the Bishops of the Easte parte,* 1.32 to yelde a reckeninge of their dooinges against A∣thanasius. The Emperour Honorius gaue his endeuour that Athanasius might be restoared.* 1.33 Constantinus the Emperour vpon Athanasius complainte, com∣maunded the Bishops of the Councel of Tyrus to appeare before him. The woords of his Summon be these, Quotquot Synodum Tyri habitam compleuistis, sine mo∣ra ad pietatis nostrae Castra properetis:* 1.34 ac re ipsa, quàm sincerè, ac rectè iudicaueri∣tis, ostendatis: idque, Coram me, quem sincerum esse Dei ministrum, ne vos qui∣dem ipsi negabitis.* 1.35 As many of you, as were at the Councel of Tyrus, high you vnto our Campe, or Courte without delaie, and shewe vs, howe sincerely, and vprightly ye h••ue dealt: and that euen before me, whom you your selues can not den••e, to be the sincere Seruaunte of God.* 1.36

Thus Holie men beinge in distresse, sought healpe, wheresoeuer they had hope to finde it. This seekinge of remedy by waye of Complainte, as it declareth their miserie, so is it not sufficient, to proue an ordinarie App••ale.

But it is moste certaine, and out of al question, that Chrysostome Appealed vnto Innocenti∣us: for M. Hardinge hath here alleged his owne woordes. I graunte, M. Hardinge hath here alleged Chrysostome: but in suche faithful, and trustie sorte, as Pope Zosimus sometimes alleged the Councel of Nice. Good Christian Reader, if thou haue Chrysostome, peruse this place, and weigh wel his woordes: if thou haue him not, yet be not ouerhastie of beliefe. M. Hardinges dealinge with thée herein is not plaine. The very woordes of Chrysostome in Latine stande thus: Ne confusio haec omnem, quae sub Coelo est,* 1.37 nationem inuadat, obsecro, vt scribas, quod haec tam inique facta, & absentibus nobis, & non declinantibus iudicium, non habeant robur: Sicut ne{que} natura sua habent. Illi autem, qui iniquè egerunt, poenae Ecclesiastica∣rum Legū subiaceant. Nobis verò, qui nec conuicti, nec redarguti, nec habiti vt rei sumus, literis vestris, & charitate vestra, aliorum{que} omnium, quorum an••èsocietate fruebamur, frui concedite. Whiche woordes into Englishe maye truely be translated thus. Lest this confusion ouerrenne al nations vnder heauen, I pray thee write, (or signifie) vnto them, that these thinges so vniustely doone, I beinge absent, and yet not fleeynge iudgement, be of no force, as in deede of their owne nature they be of none: and (write) that they, that haue doone these thinges so wrongfully, be punished by the Lawes of the Churche: and graunt you, that we, that are neither conuicted, nor reproued, nor founde giltie, may inioy your letters, and your loue, and likewise the letters, and loue of al others, whose felowship we inioyed before. In these fewe woords M. Hardinge hath notably falsified thrée places, quite alteringe the woordes that he founde, & shufflinge in, and interlacinge other woordes of his owne. For these woordes in M. Hardinges translation, that séeme to signifie au∣thoritie in the Bishop of Rome, and to importe the Appeale,

VVrite, and determine by your authoritie:* 1.38 Put you them vnder the Censure of the Church: Geue commaundement, that we be restoared to our Churches:

These woorde, I saye, are not to be founde in Chrysostome, neither in the Gréeke, nor in the Latine: but onely are pretily conueied in by M. Hardinge, the better to furnishe, and fashion vp his Appeale. He séeth wel, this mater wil not stande vpright, without the manifest corruption, and falsifieinge of the Doctours. This therefore is M. Hardinges Appeale, and not Chrysostomes.

For, that Chrysostome made no suche Appeale to the Bishop of Rome, it may sufficiently appeare, bothe by Chrysostomes owne Epistles, and by the Bishop of Romes dealinge herein, and by the ende, and Conclusion of the cause. Touching Chrysostome him selfe, he maketh no mention of any Appeale: nor desireth the parties to be cited to Rome: nor taketh Innocentius for the Bishop of the whole Churche, or for the vniuersal Iudge of al the worlde: but onely saluteth him thus, Innocentio Episcopo Romae Iohannes: Iohn to Innocentius Bishop of Rome sendeth gree∣tinge. And againe in the same Epistle, he vtterly auoideth al such foren Iudge∣mentes, accordinge to the determinations of the Councelles of Carthage, Mileui∣tum, and Aphrica. These be his woordes, Neque congruum est, vt hi, qui in Ae∣gypto sunt, iudicent eos,* 1.39 qui sunt in Thracia. It is not meete, that they, that be in Egypte, should be Iudges ouer them, that be in Thracia.

Neither doo the Bishop of Romes owne woordes importe any appeale, but ra∣ther the contrary: for he vseth not his familiar woordes of biddinge, or commaun∣dinge, but onely in gentle, and frendely manner exhorteth them to appeare: and that not before him selfe, but onely before the Councel of sundrie Bishoppes sum∣moned specially for that purpose. For thus Iulius writeth vnto the Bishops of the East:* 1.40 Quae est causa offensionis? An quia adhortati vos sumus, vt ad Synodum occurreretis? What is the cause of your displeasure? Is it bicause wee exhorted you to come

to the Councel? Here he exhorteth, and intreateth them: he commaundeth them not: he calleth them to come, not before him selfe, but before the Councel. Againe he saith, Legati vestri Macarius Presbyter, & Hesychius Diaconus,* 1.41 Concilium indici po∣stulauerunt: Your owne embassadours Macarius beinge a Priest, and Hesychius beinge a Deacon, required that a Councel might be summoned. And againe,* 1.42 Vellem vos magis ad iam dictam Canonicam conuenire vocationem, vt coram vniuersali Synodo reddatis rati∣onem. I woulde you rather to come to this Canonical callinge, that ye may yelde your ac∣compte of your dooinges before the General Councel. So likewise S. Basile writeth to Athanasius by way of counsel in that heauie time of trouble:* 1.43 Viros igitur Eccle∣siae tuae potentes ad Occidentales Episcopos mitte, qui, quibus calamitatibus premamur, illis exponant. Sende some worthy men of your Churches (not vnto the Bishop of Rome, but) vnto the Bishopppes of the Weaste, that may let them vnderstande, with what mise∣ries wee are besette. Likewise againe he saith, Visum mihi est consentaneum,* 1.44 vt scri∣batur Episcopo Romae, vt ea, quae hic geruntur, consideret, det{que} Concilium: I thinke it good, yee write to the Bishop of Rome, that he may consider that is here doone, and may ap∣pointe vs a Councel.

Neither did the Bishop of Rome by his owne authoritie summon the Bishops of the East, but by the counsel, and conference of other Bishoppes.* 1.45 For so Atha∣nasius saith, Misit omnium Italicorum Episcoporū consilio Iulius ad Episcopos Orien∣tales, certum illis Synodi diem denuntians. Iulius sent vnto the Bishops of the East, by the counsel of al the Bishops of Italie, geuing them to vnderstande the certaine day of the Coun∣cel. Which thinge Iulius also him selfe auoucheth by these woordes,* 1.46 Tametsi solus sim, qui scripsi, tamen non meam solius sententiam, sed omnium Italorum, & omnium in his regionibus Episcoporum scripsi. Not withstandinge I alone wrote, yet it was not mine owne minde onely, that I wrote, but also the minde of the Bishoppes of Italie, and of al other Bishoppes of these Countries.

So likewise Innocentius the Bishop of Rome,* 1.47 being very desirous to restoare Chrysostome, and to recouer the vnitie of the Churche, not of him selfe, or by his owne authoritie, but by the Decrée, and consent of a Councel holden in Italie, sente Messingers into the East. And sittinge with others in the Councel, he tooke not vpon him that Uniuersal power, that is now imagined, but had his voice e∣qual with his brethren, as it appeareth by Meltiades Bishop of Rome,* 1.48 that satte with three Bishoppes of Gallia, and fourtéene other Bishoppes of Italie, to deter∣mine the controuersie betwéene Caecilianus, and Donatus a casis nigris.

Now, to come to the prosecution of the mater, M. Hardinge knoweth, that the Bishoppes of the East vnderstoode not this singular Authoritie, or Prerogatiue of the Bishop of Rome, and therefore beinge called, obeied not the summon, nor had any regarde vnto his sentence, as it is many waies easy to be séene. Therefore they returned vnto Iulius this answeare:* 1.49 Si nostris placitis assentiri volueritis, pacem vobiscum, & Communionem habere volumus. Sin verò aliter egeritis, & eis amplius, quàm nobis assentiri iudicaueritis, contraria celebrabimus: & deinceps nec vobiscum con∣gregari, nec vobis obedire, nec vobis, vestrisue fauere volumus. If you wil agree vnto oure orders, wee wil haue peace and communion with you. But if you wil otherwise doo, and rather agree vnto our aduersaries, then vnto vs, then wil we publishe the contrary: and hence∣foorthe neither wil wee ••itte in Councel with you, nor obey you, nor beare good wil either to you, or to any of yours.

This imperfection, and weakenesse of their owne dooinges, the Bishoppes of Rome them selues vnderstoode, and confessed. For thus Innocentius writeth vnto S. Augustine, Alypius, and others in Aphrica touchinge Pelagius:* 1.50 Si adhuc tali∣ter sentit, cvm sciat se damnandum esse, quibus acceptis literis, aut quandose nostro iudi∣cio committet? Quòd si accersendus esset, id ab illis melius fieret, qui magis proximi, & non Iongo terrarum spatio videntur esse disiuncti. If he continue stil in one minde, knowing

that I wil pronounce against him, at what request of letters, or when wil he commit him selfe to our iudgement? If it be good, he were called to make answeare, it were better some others called him, that are neare at hande &c.

And therfore Iulius the Bishop of Rome, findinge his owne infirmitie herein, wrote vnto the Emperour Constans,* 1.51 and opened vnto him the whole mater, and besought him to write vnto his brother Constantius, that it might please him, to sende the Bishops of the East, to make answeare to that, they had doone against Athanasius. Euen so the Cleargie of the Citie of Antioche, in the like case of trou∣ble, and spoile, wrote vnto Iohn the Patriarke of Constantinople,* 1.52 to intreate the Emperour in their behalfe. It appeareth hereby, that this Infinite Authoritie, and Prerogatiue power ouer al the worlde, in those daies was not knowen.

I thinke it hereby plainely, and sufficiently prooued, first that the Bishop of Rome had no authoritie to receiue appeales from al partes of the worlde, and that by the Councelles of Nice, of Tele, of Mileuitum, and of Aphrica: by S. Cyprian, and by the Emperours Martian, and Iustinian. Nexte, that M. Hardinge, the better to furnishe his mater, hath notoriousely falsified Chrysostomes woordes, thrée times in one place. Thirdely, that Chrysostomes letter vnto Innocentius conteined mater of complainte, but no appeale: whiche thinge is also prooued by the very woordes, and tenour of the letter: by the Bishoppes of Romes owne con∣fession: and by the imperfection, and weakenesse of their dooinges. For the lawe saith, Iurisdictio sine modica coerctione nulla est. Iurisdiction without some com∣pussion is no Iurisdiction.* 1.53

In déede by way of compromisse, and agréement of the parties, maters were sometimes brought to be hearde, and ended by the Bishoppe of Rome, as also by o∣ther Bishoppes: but not by any ordinarie processe, or course of Lawe. And so it ap∣peareth, this mater betwéene Athanasius, and the Arians was first brought vn∣to Iulius: for that the Arians willingely desired him, for trial therof, to cal a Councel. For thus Iulius him selfe writeth vnto the Bishoppes of the East, as it is before alleged.* 1.54 Si Macario, & Hesychio nullam Synodum postulantibus adhorta∣tor fuissem, vt ad Synodum, qui ad me scripsissent, conuocarentur, id{que} in gratiam fiatrum, qui se iniuriam pati conquerebantur, etiam ita iusta fuisset mea cohortatio: I am verò, vbi i••dem illi, qui a vobis pro grauibus viris, & fidedignis habiti sunt, authores mihi fuerint, vt vos conuocarem, cert•• id a vobis aegrè ferri non debuit. If I had geuen aduise vnto (your messingers) Macarius, and Hesychius, that they, that had written vnto me, might be called ••o a Councel, and that in consideration of our Brethren, whiche complained, they suffred wronge, although neither of them had desired the same, yet had mine aduise benne voyde of iniurie. But now, seeinge the same men, whom you tooke to be graue, and woorthy of credite, haue made suite vnto mee, that I should cal you, verily, ye should not take it in il parte.

Hereby it is plaine, that Iulius tooke vpon him to cal these parties, not by any suche Uniuersal Iurisdiction, as M. Hardinge fansieth, but onely by the con∣sent, and request of bothe parties. And therefore Iulius saith, He caused Athana∣sius to be cited Regulariter,* 1.55 that is, according to order: for the order of iudgement is, that a man be first called, and then accused, and last of al condemned: but he meaneth not thereby the order of the Canons, as M. Hardinge expoundeth it. For touchinge appeales to Rome, there was no Canon yet prouided. The counter∣feite Epistle of Athanasius to Felix is answeared before.

Theodoretus* 1.56 was deposed, and bannished, and cruelly intreated, as it appea∣reth by his letters vnto Renatus: and therfore, the woordes, that he vseth, are ra∣ther tokens of his miseries, and wante of healpe, then certaine testimonies of his iudgement. For euery man is naturally inclined to extolle him, and to auance his power, at whose hande he seeketh healpe.

But if it were graunted, it was lawful then for the Bishoppe of Rome, to re∣ceiue al manner appeales, in such order, as it is pretended, yet cannot M. Harding thereof necessarily conclude, that the Bishop of Rome was the Head of the Uni∣uersal Churche. For Ostiensis saith, Appeales may be made, not onely from the lower Iudge vnto the higher, but also from equal to equal: And in this order, as it shal after∣warde be shewed more at large, Donatus a Casis nigris,* 1.57 was by the Emperour lawfully remooued from the Bishop of Rome, to the Bishop of Arle in Fraunce.

Ostiensis woordes be these, Non nocebit error, si appelletur ad Maiorem, quàm debu∣erit, vel ad parem. The errour shal not hurte, if the appeale be made, either to a higher Iudge, then was meete, or to an equal. Where also it is thus noted in the Margin, Appellari potest ad parem, si de hoc sit consuetudo. Appeale may be made vnto the equal, if there be a custome of it. Hereby it is plaine, that the right of appeale by fine force of Law, concludeth not any necessarie superioritie: muche lesse this infinite power ouer the whole Uniuersal Churche.

But M. Harding might soone haue foreséene, that this his first principle of Ap∣peales woulde easily be turned against him selfe.

First, for that it is wel knowen, that Appeales then, euen in the Ecclestastical [ 1] causes, were made vnto the Emperours, and Ciuile Princes.

Secondely, for that the Bishop of Rome determined suche cases of Appeale, [ 2] by warrant, and Commission from the Emperour.

Thirdly, for that maters beinge once hearde, and determined by the Bishop [ 3] of Rome, haue béene by appeale from him remooued further vnto others.

As touchinge the first,* 1.58 that appeales in Ecclesiastical causes were lawfully made vnto the Prince,* 1.59 it is cleare by Eusebius, by Socrates, by Nicephorus, and by S. Augustine in sundrie places.* 1.60 Donatus beinge condemned by thréescore and tenne Bishops in Aphrica, appealed vnto the Emperour Constantinus, & was re∣ceiued. S. Augustine saith,* 1.61 Parmenianus vltrò passus est suos adire Cōstantinū: Parme∣nianus willingly suffered his felowes to goe vnto Themperour Constantinus. Againe he saith Infero adhuc & verba Constantini ex literis eius,* 1.62 vbi se inter partes cognouisse, & inno∣centē Caecilianū comperisse, restatur. Here I bringe in the woordes of Constantine out of his owne letters, wherein he confesseth, that he hearde the parties,* 1.63 and founde Caecilianus to be in∣nocent. Likewise he saith, An fortè de Religione fas non est, vt dicat Imperator, vel quos miserit Imperator? Cur ergo ad Imperatorē legati vestri venerunt? What, is it not lawful for ye Emperour, or for such as shalbe sent by the Emperour, to pronounce sentence of Religion?* 1.64 Wherefore then came your Embassadours vnto the Emperour? And so likewise againe, Si nihil debent in his causis Imperatores iubere, Si ad Imperatores Christianos haec cura pertinere nō debet,* 1.65 quis vrgebat maiores vestros causam Caeciliani ad lmperatorē mittere? If Emperours haue nothing to commaunde in these cases, or if this mater nothing touche a Chri∣stian Emperours charge, who then forced your predecessours to remoue Caecilianus mater vnto the Emperour? Therefore the Emperour Constantinus summoned the Bishops of the East, that had béene in the Councel of Tyrus, to appeare before him, to rendre accompte of their dooinges. His woordes be these,* 1.66 Vt re ipsa quàm sincerè, ac rectè iu∣dicaueritis, oftendatis: id{que} Coram me. I wil you, to make your appearance, and to shew in deede, how sincerely, and iustly, ye haue dealte: And that euen before me. By these few examples it may wel appeare, that appeales in Ecclesiastical causes in those daies were made vnto the Prince: and that it was thought lawful then, for y^e Prince to haue the hearinge of the same. Yet was not the Prince therefore y^e Head of y^e Uni∣uersal Churche. Certainely S. Gregorie thought it not amisse,* 1.67 to commit a Spiri∣tual mater, touching y^e purgation of a Bishop, to Brunichilda the Frenche Quéene. Notwithstanding it be noted thus in y^e Glose:* 1.68 Fuit tamen hic nimiū papaliter dispen∣sa••um: As touching the Bishop of Romes power herein, it is certaine, he hearde

suche maters of appeale, by warrant of the Emperours Commission, and not as haui••ge authoritie of him s••lfe. S. Augustine* 1.69 openinge the contention betweene Caecilianus, and Donatus a Casis nigris, vttereth this mater at large in this wise. An forte non debuit Romanae Ecclesiae Episcopus Mil••iades cum Collegis transmarinis Episcopis illud sibi vsurpare iudicium, quod ab Aphris septuaginta, vbi Primas Tigi∣si••anus praesedit, fue••at termina••um? Quid, quòd nec ipse vsurpaui••? Rogatus quippe Imperator Iudices misit Episcopos, qui cum eo sederent. But shoulde not the Bishop of Rome Mi••••icdes, with ot••er h••s fellowes, Bishop••es beyonde the seas, ioined togea∣t••er in Commission take vpon him t••e iudge••ent of that thin••e, that was determined be∣fore by thre••score and tenne Bishoppes of A••hrica, emongest whom the Primate of Tigi••ita s••te as President? And what if he never tooke it vpon him? (as of him selfe) For the Emperour beinge intre••ted by the partie, sente other Bishoppes to sitte with him. The very copie of this Commission is yet to be seene bothe in Eusebius,* 1.70 and also in Nicephorus.* 1.71 Neither was the Bishop of Rome alone in that Commission, but ioined togeather with Rheticius, Maternus, Marinus, and Marcus, whom the Emperour calleth his Commission fellowes.* 1.72 The woordes of the Commis∣sion be these: Constantinus Imperator Mi••tiadi Episcopo Romano, & Marco &c. Constant••nus the Em••erour vnto Miltiades the Bishoppe of Rome, and vnto Marcus. For as muche as, sundrie letters haue beene sente vnto mee, from Aml••inus ••ur moste Noble President of A••hrica, wh••••ein Caecilianus the Bishoppe of Carthage is ••ccused of many ma∣te••s, by ce••taine his f••lowes of the same Countrie &c. Therefore I haue thought it good, th••t the ••aide Caecili••nus togeather with tenne Bishoppes his accusers, and other tenne, such as he sh••l th••nke meete, sa••le to Rome: that there in your presence togeather with Rheticius, and M••ternus, and Mar••nus your Felow Commissioners, whom for that cause I haue w••lled to tr••vel to ••ome, he may be he••rde &c.

Here it is euident to be seene, that the Bishop of Rome was the Emperours Delegate, and in Ecclesiastical Iurisdiction had his authoritie, and power (not from S. Peter) but from the Emperour. Whereby it is easie to be geathered, that the Bishoppe of Romes power was not so Uniuersal then, as M. Hardings woulde séeme now to make it: and that the worlde then vnderstoode not this De∣crée of Pope Clemens the fifth,* 1.73 whiche, as it is reported, he afterwarde published in the Councel of Uienna, Omne ius Regum pendet a Papa: Al the right of the Prince is 〈◊〉〈◊〉fr••m th•• Pope.

Neither was the Bishop of Romes determination of suche force, but that it was lawful then for the partie greeued, to refuse his Iudgement, and to appeale further. And therefore Donatus beinge condemned before Miltiades appealed from him, and vpon his complaint vnto the Emperour, was put ouer vnto the Bi∣shop of Arle in Fraunce,* 1.74 and to certaine others. And in conclusion, vnderstan∣dinge, that iudgement there woulde passe against him, last of al he appealed to the Emperours owne p••rson.* 1.75 And the Emperour him selfe confesseth by his letters, that he sate in iudgement, and hearde bothe parties.

Now, if receiuing of appeales necessarily importe this Uuiuersal power, then was the Emperours power Uniuersal: for he receiued al appeales out of al Coun∣tries without exception, and that euen in Causes Ecclesiastical. Againe, then was the Bishop of Romes power not Uniuersal: for it was lawful then to refuse him, and to appeale to some other. And thus M. Hardinges reasons renne roundely against him selfe,

Notes

• * 1.1

  Athanasius in Apologia. 2.
• * 1.2

  Appeales.
• * 1.3

  Concil. Nicen. 1. Cap. 5.
• * 1.4

  Concil. Nicen. 1. Can. 5.
• * 1.5

  Concil. Telen. tēpore Zosimi Can. 17.
• * 1.6

  Concil. Mileui∣tan. Can. 22.
• * 1.7

  Concil. Aphri∣can. Can. 62.
• * 1.8

  Concil. Aphri∣can. Can. 92.
• * 1.9

  2. Quest. 6. Ca. Placuit.
• * 1.10

  Epistola Aphri∣cani Concilij ad Coelestinum.
• * 1.11

  Iustitiam exa∣minis vnicuili∣bet.
• * 1.12

  Executores Cle∣ricos vestros.
• * 1.13

  Sozomenus. li. 3. Ca. 8.
• * 1.14

  Cyprian li. 1. E∣pis. 3.
• * 1.15

  Lewde, and d••∣sperate.
• * 1.16

  Authen De 〈◊〉〈◊〉Episco∣pis, Collatio. 9. Si quis Verò.
• * 1.17

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.18

  In eodem. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.
• * 1.19

  Cod. De Sacro∣sanctis Ecclesiis Omni.
• * 1.20

  Cod. De Epis. & Clericis. Actor in nullo alio foro, vel apud quenquam alte∣rum Iudicem, Clericos (Eccle∣siae Constantino politanae) litibus tentet irretire.
• * 1.21

  Cod. De Episco∣pis, & Clericis. Omnes.
• * 1.22

  Bernard. ad Eu∣genium de Con∣sideratione. li. 3.
• * 1.23

  Epist. 2. Chrysost. ad Innocentiū.
• * 1.24

  Socrates li. 2. Cap. 11.
• * 1.25

  Sozomen. li. 3. Cap. 6.
• * 1.26

  Athanas. in E∣pisiola ad soli∣tariam vitam agentes.
• * 1.27

  Theodor••t. li. 2. Cap. 14.
• * 1.28

  Athanas. Apo∣log. 2.
• * 1.29

  Socrat. li. 1. Cap. 23.
• * 1.30

  Cassiodorus lib. 4. Cap. 20.
• * 1.31

  Ambros. lib. 10. ••pist. 78.
• * 1.32

  Augustin. Epist. 162.
• * 1.33

  Inter Decret•• Iulij, è Sozome∣no.
• * 1.34

  Sozomen. lib. 8. Cap. 28.
• * 1.35

  Socrat. lib. 1. Cap. 33.
• * 1.36

  Coram me.
• * 1.37

  Epist. Chrysost. ••d Innocen. in Tom. 5.
• * 1.38

  M. Hardinge falsifieth, and vntruely tran∣slateth S. Chry∣sostome.
• * 1.39

  Ad Innocen. Epistpriore.
• * 1.40

  Epist. Iulij, in A∣thanasij Apol.
• * 1.41

  In Apolog. 2.
• * 1.42

  Epistola Iulij ad Orientales, in∣ter Decreta Iulij.
• * 1.43

  Basil. Epis. 48. ad Athanasi.
• * 1.44

  Basil. ad Athan. Epis. 52.
• * 1.45

  Athanasi in E∣pist. ad solitarid vitam agentes.
• * 1.46

  Epist. Iulij in A∣pologia Atha∣nasij. 2.
• * 1.47

  Nicephorus li. 13. Ca. 33.
• * 1.48

  Optatus li. 2.
• * 1.49

  Inter Decreta Iulij, Concil. tomo 1.
• * 1.50

  Inter Decreta Innocentij, Epi∣stol. 27.
• * 1.51

  Sozomenus li. 3. Ca. 10.
• * 1.52

  Concil. Constan∣tinopol. quintū Actio. 1.
• * 1.53

  De officio eius, cui mandata est Iurisdictio. Mandatam.
• * 1.54

  Epist. Iulij, in A∣pologia Atha. 2.
• * 1.55

  Regulariter.
• * 1.56

  Theodoretus.
• * 1.57

  August. epist. 162 Extra. de appel∣lationib. in Sexto. Roma. Ecclesi. In Glosa.
• * 1.58

  Eusebi. li. 10. ca. 5.
• * 1.59

  Socrat. li. 1. ca. 34.
• * 1.60

  Nicephor. li. 7. ca. 43.
• * 1.61

  Augusti. Ep. 162 Contra Epist.
• * 1.62

  Parmentani. li. 1 Ca. 5.
• * 1.63

  Contra Cresco∣nium Gramma∣ti. li. 3. ca. 71.
• * 1.64

  Contra Epist. Parmen. li. 1. ca. 7.
• * 1.65

  August. epist. 68.
• * 1.66

  Socrat. li. 1. ca. 33.
• * 1.67

  Gregor. li. 11. Epis. 8.
• * 1.68

  2 Quest. 5. Mennam.
• * 1.69

  Augusti. Epist. 162.
• * 1.70

  Euseb. li. 10. ca. 5.
• * 1.71

  Nicephor. li. 7. Ca 43.
• * 1.72

  Collegas.
• * 1.73

  Clemens. 5.
• * 1.74

  August. Epist. 68.
• * 1.75

  Augustin. con∣tra Cresconium Grammati. li. 3. Ca. 71.