Anti-Mortonus or An apology in defence of the Church of Rome. Against the grand imposture of Doctor Thomas Morton, Bishop of Durham. Whereto is added in the chapter XXXIII. An answere to his late sermon printed, and preached before His Maiesty in the cathedrall church of the same citty..

SECT. IV. Doctor Mortons ignorance, concerning the Antiquity of appealing to Rome from remote Nations.

THeodoret being iniustly deposed from his Bishop∣ricke of Cyre, a City bordering vpon Persia, appealed to Leo Pope, saying(u) 1.1: I attend the sentence of your Apostolike throne, and beseech your Holinesse to succour me, appealing to your right and iust iudgment; and to command that I be brought before you, and verify that my Doctrine followes the Apostolicall pathes. You startling at these so vnanswearable words of Theo∣doret, bid vs(x) 1.2 note, that the phrase of appealing to the Pope from remote nations, was very vncouth in those dayes, giuing vs therby a good testimony of your ignorance in Ecclesiasticall hi∣story: for that the phrase of appealing to the Pope from remote na∣tions, was not very vncouth, but very familiar in those dayes, and long before those dayes, euen from the first ages of the Church, who knoweth not, that is versed in anti∣quity? For 1. Sixtus Pope, that liued 300. yeares before Theodoret, ordayneth(y) 1.3. that, if any Bishop be wronged he appeale freely to the holy, and Apostolike See. 2. Marcellus the first, declareth(z) 1.4, that accoding to the constitutions of the Apostles, and their successors, all Bishops, when there is occasion, may appeale to the See Apostolike. 3. Felix the second(a) 1.5: As often as Bishops shall thinke themselues wronged by those of their Prouince, or by their Me∣tropolitan, or haue them in suspicion, let them appeale to the See of Rome. 4. The same is ordained by Victor(b) 1.6, by Zephyri∣nus(c) 1.7, by Fabianus(d) 1.8, and Melchiades(e) 1.9. 5. And what these ancient Popes decreed, the holy Councell of Nice re∣lated by Iulius(f) 1.10, confirmed; ordaining, that all Bishops ac∣cused of grieuous crimes, may freely appeale to the See Apostolike, & fly to it, as to a Mother, for defence, and succour. The authority of this Canon is proued by Pisanus(g) 1.11: And that the Nicen Councell made such a decree, S. Leo(h) 1.12 testifieth, and you els where forgetting your selfe, acknowledge(i) 1.13. 6. The Councell of Sardica related not only by Catholike wri∣ters,

but also by the Centurists, decreeth(k) 1.14, that if any Bi∣shop being deposed by the next Bishops, and protesting, that his cause ought to be iudged a new, fly for succour to the B. of Rome, no other is to be installed in his See, after he hath put in his Appeale, but that his cause be sentenced by the B. of Rome. 7. And when Iohn, surna∣med Talaia, Patriarke of Asexandria, was cast out of his See by the Emporor Zeno, and Peter Moggus set vp in his place, Iohn (sayth Liberatus(l) 1.15 addressed himselfe to Calendion Patriarke of Antioch, and hauing taken from him Synodic all letters of intercession, appealed to the Pope of Rome Simplicius. 8. When Flauianus Patriarke of Constantinople was condemned by the false Councell of Ephesus, Valentinian the Empe∣ror writ to Theodosius his Father-in-Law(m) 1.16, that Fla∣uianus according to the custome of Councells, appealed by petition to the Blessed Bishop of the City of Rome. And Liberatus(n) 1.17: That, sentence hauing bene pronounced against Flauianus, he appealed to the B. of Rome, by petition presented to his Legates. 9. And Leo(o) 1.18 writing to the same Flauianus: Eutyches protestes, that in full iudgment he presented to you a request of appeale, and that it was not receaued. 10. And Flauianus answering Leo(p) 1.19: Eutyches hath informed you, that in the time of iudgment, he presented to vs, and to the holy Councell heare assembled, libells of appeals to your Holinesse which was neuer done by him. 11. And the same Leo(q) 1.20 writing to Theodosius the yonger, beseecheth him, that for as much as Flauianus being wronged by the false Councell of E∣phesus, had presented a libell of appeale to his Legates, he would command a generall Councell to be held within Italy: for the Nicen Canons require this necessarily to be done, after the putting in of an Appeale. To these I adde Theodoret, testi∣fying in expresse words that he appealed to Leo Pope.

These witnesses shew, that the phrase of appealing to the Pope from remote nations, was not very vncouth, but very fa∣miliar in the dayes of Theodoret, and in former ages: and that the right of appealing to the Roman See was ack∣nowledged, and testified by holy Popes of the primitiue times, by generall Councells, by Emperors, by Bishops, and by all ancient writers. And the same might be proued by other examples, if these were not sufficient to shew your

ignorance in denying, if not rather your boldnesse, in out-facing so knowne a truth.

Notes

• (u) 1.1

  Ep. ad Leon.
• (x) 1.2

  Pag. 255. marg. lit. m.
• (y) 1.3

  Ep. 2.
• (z) 1.4

  Ep. 1. ad Episc. An∣tioch. Prou.
• (a) 1.5

  Ep. ad Syn. Alex.
• (b) 1.6

  Ep. ad Theoph. cate∣rosque Episc. Aegyp.
• (c) 1.7

  Ep. ad E∣pisc. Sicil.
• (d) 1.8

  Ep. ad Hi∣lar.
• (e) 1.9

  Ep. ad E∣pisc. Hispan.
• (f) 1.10

  Ep. 2.
• (g) 1.11

  L. 3. Conc. Niceni apud Bin. to. 1. pag. 350.
• (h) 1.12

  Ep. 25.
• (i) 1.13

  Pag. 308. marg. lit. r.
• (k) 1.14

  Cap. 4.
• (l) 1.15

  Liberat. 6.18.
• (m) 1.16

  Extat Ep inter Ep. preamb. Conc. Chalced.
• (n) 1.17

  Cap. 12.
• (o) 1.18

  Ep. 8.
• (p) 1.19

  Extat Ep. inter Ep. Leo∣nis ante Ep. 7.
• (q) 1.20

  Ep. 25.