whom kynges haue serued for footmen to lead his horse and the Emperour to hold his sturrup: that he may and doth geue power to Byshops vpon the bodies of men, and hath graunted them to haue prisons, without whose authoritie no generall Councell hath any force. And to whō appellations in all maner of causes may and ought to be made. That his decrees be equall with the decrees of Nicene Councell, and are to be obserued and taken in no lesse force, then if they had bene confirmed with the heauenly voyce of S. Peter him selfe ex fra. Barth. et alijs. MarginaliaEx frat. Barth & aliisItem that the sayd Byshop of Rome hath the heauenly disposition of thynges, and therfore may alter and change the nature of thynges, by applying the substaunce of one thyng to an other. cap. Quando de transl. Epis. tit. 7. MarginaliaCa. quādo. De transl. episc tit. 7Item that he can of nothyng make somethyng, and cause the sentence, whiche before was none, to stand in effect, and may dispense aboue the law, and of iniustice make iustice, in correctyng & changyng lawes for he hath the fulnes of power. And agayne. dist. 40. cap. Si. Papa. MarginaliaDist. 40 ca. Si PapaIf the Pope do lead with him innumerable soules by flockes into hell, yet no man must presume to rebuke his faults in this world. Item that it stādeth vpon necescity of saluation to beleue the primacie of the sea of Rome, and to be subiect to the same. &c.

These thynges thus declared, now let vs see whether these names and titles, with the forme and maner of this authoritie and regalitie aboue rehersed, were euer attributed of any in the primitiue tyme to the byshop of Rome. For all these, he doth chalenge and clayme vnto him by old possession from the tyme of S. Peter. And here a question is to be asked of our aduersaries the Papistes, whether they will auouch all these foresayd titles, together with the whole forme and tenour of regalitie, to the same belongyng as is afore touched, or not? if thei will, let them come forth with their allegations, which they neuer haue done yet, nor euer shalbe able: if they will not, or can not auouch them all together in maner as is specified, then why doth the Byshop clayme them altogether so stoutly, vsurpe thē so falsely, and obtrude them vpon vs so straitly. Moreouer if the sayd our aduersaries, beyng conuicted by playne euidence of history, and examples of tyme, will yeld vnto vs (as they must needes) in part, and not in the whole, let vs come then to the particulars, and see what part of this regalitie they will defend and deriue from the auncient custome of the primitiue Church (that is from the first fiue hūdred yeares, I meane after Christ.) MarginaliaEx concil Nice Cano 6.First in the Coūsel of Nice, which was the yeare of our Lord. 340. and in the vi. Canon of the sayd Councell, we finde it so decreed: that in euery prouince or precinct some one Churche, and Byshop of the same, was appointed and set vp to haue the inspection and regiment of other Churches about him. MarginaliaDist. 65. cap Mos. antiquus.Secundum morem antiquū, that is, after the aunciēt custome, as the wordes of the Coūcell do purporte, so that the Bishop of Alexandria should haue power of Libia, and Pentapolis in Egypt, for as much as the Byshop of the Citie of Rome, hath þ^e like or same maner. And in like sort also in Antioch, & in other countreys, let euery Church haue his due honor and consequently that the Bishop of Hierusalē haue also his due honor to him reserued, so that such order be kept, that the Metropolitane Cities be not defrauded of their dignitie which to them is due and proper &c. In this Councell and in the same Canon. vi. and vii. where the Byshops of Alexandria, of Rome, and of Antioch, are ioyned together in one like maner of dignitie, first there appereth no difference of honour to be ment therein. Secondly for somuch as in the sayd two Canons after mention made of them, immediatly foloweth, that no Byshoppes should be made without consent of their Metropolitanes, yea and that the Citie also of Hierusalem should be vnder his Metropolitane, and that the Metropolitane should haue the full power to confirme euery Byshop made in his prouince: MarginaliaEx concil Nic. can.Therfore it may be well supected that the third Epistle decretall of Pope Anacletus, and of Pope Stephanus, with other mo, are forged, wherin these Byshops, and especially the Byshop of Rome is exempted and disceuered from the name of a Metropolitane or an Archbyshop, to the name of a Patriarch or primate: as appeareth in the decrees. dis. 22. cap. Sacro sancta. MarginaliaDist. 22 cap. Sacro sanctaWherfore as we must needes graunt the Bishop of Rome to be called a Metropolitane or an Archbyshop by the Councell of Nice: MarginaliaThe Byshop of Rome called Metropolitane, Archbishop, Patriarche Primate.so we wil not greatly sticke in this also, to haue him numbred with Patriarches or primates. Which title seemeth in the old tyme to be common to mo Cities then to Rome, both by the Epistle of Anacletus, of Pope Stephanus, of Pope Iulius, & Leo. &c.

MarginaliaThe vi. coūcell of CarthageAfter this followed a generall Councell in Aphrike, called the vi. Councell of Carthage, an. 420. where were congregated. 217. Bishops, among whom was also, Augustinus, Prosper, Orosius, with diuers other famous persons. This Councell continued the space of. v. yeares, wherin was great contention about the supremacie, and iurisdiction of Rome. The Byshop whereof then was Zosimus. This Zosimus the Romane byshop had receaued the same tyme into the communion of the Church without any examination, one that came to complaine to him out of Aphrike, named Apiarius, a Priest whom Aurelius with the Councell of Aphrike had worthely excōmunicated for hys detestable conditions before. Vpon this after that Zosimus so had shewed such fauour to Apiarius, for that he dyd appele to him, sendeth to the Councell his messengers, to wit Faustinus Byshop of Potentine and two Priestes of the Churche of Rome named Philippus and Asellus, with these foure requestes: first that Apiarius whom he had absolued might be receaued of them againe, and that it might be lawfull for Byshops or Priestes to appeale from the sentence of their Metropolites,and also of the Councell, to the sea of Rome.

Secondly, that Byshops should not fayle ouer importunely ad comitatū. Thirdly, þ^t if any priest or Deacō were wrongfully excommunicate by the Bishops of their owne prouince, it should be lawful for thē to remoue þ^e hearing & iudging of their cause to their neighbour bishops. Fourthly, that Vrbanus there Byshop, either should be excommunicated, or els sent vp to Rome, vnlesse he would correct those thynges that were to be corrected. &c. For the approbation wherof, the sayd Zosimus alledged for hym the wordes (as he pretended) taken out of Nicene Councell. MarginaliaThe Popes of Rome taken with the maner-in falsefying the decrees of Nicene Councell. The Councell of Cathage hearyng this, and remembryng no such thyng in the Councell of Nice to be decreed, and yet not suspecting the Byshop of Rome to dare wrongly to falsify the wordes of that Councell: writeth agayne to Zosimus, declaryng that they neuer read to their remēbraunce, in their cōmon Latine exemplare of Nicene Coūcell any such Canon, yet notwithstanding for quietnes sake, they would obserue the same til tyme they might procure the originall copies of that Councell to be sent to them from Constantinople, Alexandria, and from Antioch. In lyke effect afterward they wrote to Pope Boniface, whiche then succeded Zosimus.

And thirdely also to Celestinus, whiche shortely after succeded Boniface. In the meane tyme this foresayd Councell sent their Legates, Marcellus, and Innocentius to Atticus Patriarche of Constantinople, and to Cyrillus Patriarch of Alexandria, for the autentique copies in Greeke of Nicene Coucell, which beyng sent vnto them, and they findyng in the true originals no such Canō, as the Byshop of Rome had falsely forged, they wrote a sharpe and an handsome letter to Celestinus Byshop of Rome, callyng him in the sayd letter by the way: Domine frater: MarginaliaThe Bishop of Rome called Domine frater, that is, brother byshop.declaryng to hym, how they had perused all the copies of the Councell of Nice, and could finde no such Canon, as he and his predecessours had falsely alledged, MarginaliaByshops of Rome proued falsefiers of Nicene Councell.and there withall recityng the. vj. Canon aforementioned, declared how the decrees of Nicene Councell had committed all and singular persons Ecclesiasticall, as well Bishops, as other, vnto the charge of their Metroplitanes. Moreouer expoundyng the same decree, the shewed the reasons therof.

Marginalia1.
Fiue reasons, why matters of controuersie ought not to be had out of other countreyes vnto Rome.1. For that (sayd they) the fathers of that Coūcell did well foresee, to be most iust and conuenient, that all controuersies there be ended (in iisdem locis) where they begyn.

Marginalia2.2. For that it is not to be supposed contrary, but that the grace of God wilbe as prest & ready in one prouince as in an other, to instruct his ministers both prudently to vnderstād iudgement, and constantly to maintaine the same.

Marginalia3.3. For þ^t there is no neede to seeke further to any outlādish helpe, because especially that the partie whosoeuer is not contented with the determination of his iudges or commissioners, may lawfully appeale either to a prouinciall, or to a generall Councell.

Marginalia4.4. That way to be better, then to runne to any one foreine Iudge, it must needes be graūted, because it is not like, that our God will inspire his iustice and truth of examining, vnto one Byshop, and deny it to a multitude congregated in a whole Councell.

Marginalia5.
Euery countrey to appeale first to his owne Metropolitane, secōdly to a prouinciall or generall Councell.5. Neither can it be, that any such outlandish iudgement in hearyng and determinyng causes, cā stand perfect and vpright, for that the necessary persons of witnesses, either for infirmitie of sexe, of age, of infyrmitie, or some other impeachment, are not able to be present, by whō the truth of the sentence should be directed. Wherfore as by these and other resons they thought it not conuenient frō them to bryng their matters ouer vnto Rome: so neither was it to be foūd, sayd they, by any Councell of the old fathers decreed, that any