Prelates, as their owne flocke and heard. Behold, this testimonie of Hierome is playne and euident. Let him be cast out sayth he.

MarginaliaA note for all naughty Prelates. He expoundeth and speaketh it of the Prelate, whiche vsurpeth the place of Peter, and so consequently of the Byshop of Rome, who beyng vnsauery in preachyng, and foolish in offendyng, ought to be deposed (as Hierome affirmeth) from his degree and dignitie. Neither as some do dreame, is he to be deposed for heresie onely. Isidorus in the booke of Councels, rehearseth a certaine epistle of Clemēt þ^e successor of Peter writtē vnto Iames þ^e apostle, where as þ^e sayd Clement referryng þ^e words of Peter vnto himselfe, saith thus:MarginaliaThe wordes of Peter vnto Clement. If thou be occupyed with worldly cares, þ^u shalt both deceiue thy self, & those which shal geue eare vnto thee: for thou canst not fully distribute vnto euery man, those thynges which pertaine vnto saluation: whereby it shall come to passe, þ^t thou as a man for not teaching those things which pertayne vnto saluation, shalt be deposed, and thy disciples shall perish through ignoraunce. Notwithstandyng in an other place, in steade of this woord deposed, it is founde thou shalt be punished: which two wordes, if they be well vnderstood, do not much differre, for deposition is oftentymes vsed in the place of punishment.MarginaliaThe Epistle of Clement to Iames doubted. But peraduenture some will here obiect, that this Epistle is not to be iudged Clementes, because it is sayd to be written vnto Iames, who as the Ecclesiasticall hystory affirmeth, was dead before that Peter was put to death. But Clement myght thinke that Iames was alyue when as he wrote: whiche were farre distant a sunder, and messengers of the Christians, came not often vnto Rome. Moreouer, there is mentiō made of this Epistle in diuers places of the decretalles, as most true, and therfore it shalbe nothyng from the purpose, to rehearse other sayinges out of the same epistle, where he sayth, that he which lyueth rebelliously, and refuseth both to learne and to do good, is rather a member of the deuill, then of Christ, and doth shew himselfe rather to be an infidell, then a faythfull Christian. Vpon whiche wordes, the glose which Panormitane calleth singular, and is much allowed, sayth,MarginaliaThe pope may and ought to be both accused and punished for ill doing. that if the crime or offence of the Byshop of Rome be notorious, whereby the Church is offended, if he be incorrigible, he may be accused therof. If then he may be accused, Ergo also he may be punished, and accordyng to the exigent of the fault deposed: Otherwise he should be accused in vayne.

MarginaliaWhether the pope may be deposed by the councell or no. Now is there no more any place of defence left for our aduersaries, but that the Pope may be deposed: Notwithstandyng it is not yet euident whether he may be deposed by the Councel or no, which we now take in hand to discourse. And first of all, the aduersaries will graunt this vnto vs, that the Byshop of Rome may be deposed by the Churche, for somuch as the Pope beyng the vicare of the Church, no man doubteth, but that a Lord may put out his Vicare at his will & pleasure,MarginaliaThe pope is rather to be called the vicar of the Church, thē of Christ. neither is it to be doubted but þ^t the Pope is more truely called the Vicare of the Churche, then of Christ. But if the Church may depose the Pope: Ergo the Councell also may do the same. Also the glose which Panormitane in his writyng doth so greatly commend, hath this sentence: that the generall Councell is iudge ouer the Pope in all cases. Likewise the most sacred Sinode of Cōstantinople, which is allowed of all men, doth appointe the Byshops of Rome to be vnder the iudgement of the Councell: and the Coūcell to iudge and determine of euery doubtfull matter or question that doth arise, concernyng the Byshop of Rome. Neither let any man doubt hereof, because this word deposition is not mentioned: for it is sayd, of euery doubtful matter or question: For if the Synode do iudge of euery doubt: Ergo it shall also iudge, whether the Pope shalbe deposed or no: for that may also come in doubt. And because we will not seeke examples farre of,MarginaliaPope Iohn 23. desposed and yet for no heresie. Iohn the. xxiij. whom all the world dyd reuerence, was deposed of his Papacy by the Councell of Constance. Neither yet was he cōdēned for any heresie: but because he dyd offend the Church by his manifold crimes, the sacred Synode thought good to depose hym: and euer since continually, the Church hath proceded by like example, that their opinion might cease, which affirme that the pope cannot be deposed but onely for heresie.

But here is yet one thyng not to be omitted, that certaine men do affirme the generall Councels to be of no effect, except the Pope do call and appoynt them, and his authoritie remayne with them. Wherupon they sayd that Dioscorus did rebuke Paschasius the Byshop of Cicill, & Legate of Pope Leo, because that he dyd enterprise without the authoritie of the Apostolicke Sea, to call a Councell at Ephesus. They also alledge an other testimony of the Synode of Chalcedone: whereas, when mention was made of the Councell of Ephesus, all the Byshops cryed out, say MarginaliaWhether councels may be cōgregated without the authority of the pope. ing: we ought not to call it a councel, because it was neither gathered by the Apostolike authoritie, neither rightly kept.MarginaliaThey erre that saye the pope ought onely to appoint the councels. By the which authorities, they which say that the Councels cannot be holden without the consent of the Pope, do thinke themselues maruailously armed. Whose sentēce and opinion, if it take place and preuayle as they desire, it shall bryng with it the great ruine and decay of the Church. For what remedy shall we finde, if that a wicked Pope do disturbe the whole Church, destroy soules, seduce the people by his euill examples, if finally he preath contrary vnto the fayth and fill the people full of heresies, shall we prouide no stay or stoppe for him?MarginaliaMarke wherefore the popes will haue no generall councell. Shall we suffer all thynges to runne to ruine and decay with hym? Who would thinke that the Byshop of Rome would cōgregate a Councell for his own correction or deposition? for as men are prone vnto sinne, so would they also sinne without punishment. But when as I do peruse auncient hystories, and the Actes of the Apostles, I do not finde this order, that Councels should be gathered onely at the will of the Pope:MarginaliaThe first councel of the Apostles. for the first Councell of all, after that Mathias was substitute in the place of Iudas, was not congregate at the commaundement of Peter, but at the commaundement of Christ, who cōmaunded the Apostles that they should not depart from Ierusalem, but looke for the promise of the father.

The second Councell as touchyng the election of the Deacons, Peter alone dyd not congregate, but the xij. Apostles: for it is written, The xij. Apostles callyng together the multitude, &c.

MarginaliaGenerall councels in tymes past congregated by Emperours & not by popes. The thyrd Councell, which was holden as touchyng the takyng away of Circumcision & other ceremonies of the law, was gathered together by a generall inspiration: for it is written: The Apostles and Elders came together. &c.

The fourth Councell, whereas certaine thynges contayned in the law are permitted, seemeth to be gathered by Iames, & so discoursing throughout all, there can nothyng be founde in the primatiue Churche, whereby it should appeare that the authoritie of cōgregatyng of Coūcels should pertayne onely vnto Byshoppes of Rome. Neither afterwardes in the time of Constantinus Magnus, and other Emperours, was the consent of the Byshops of Rome greatly required to the congregatyng of Councels, and therfore it is written thus of the Synode of Chalcedon: The sacred and vniuersall Synode gathered together at Chalcedone the chief Citie of the prouince of Bethunia, accordyng vnto the grace of God, and the sanctions of the most godly and Christian Emperours Valentinian and Martian, doth not make any mention of the Byshop of Rome, although his consent were there.MarginaliaIf the greater part of the church do consent, a councell may be holden whether the pope will or no. Wherfore, if the Pope would resist, and would haue no Councell congregate, yet if the greater part of the Church do iudge it necessary to haue a Councell, the Councell may be congregate whether the Pope will or no. The Councell holden at Pisa, was not congregate by the authoritie and consent of any Pope, when as Gregory dyd condemne it, and Benedict cursed it. The same also may be sayd of the Councell of Constance, which was assembled by the authoritie of Pope Iohn, who in respect of þ^e Spanyardes was no true Pope. And if the Councell of Pisa were no true Councell, Pope Iohn was no true Pope: Whereupon his consent to the congregatyng of the Councell of Constance, was of no effect. Moreouer it is more then folly to affirme, that when the pope hath once geuen his consent, if it should be called backe, that the Councell should then cease, for then it is no more in his power to reuoke his consent: And of necessitie he must be obedient vnto the Councell, wherof he is a member, and geue place vnto the greater part:MarginaliaHow the pope is a schismatike. and if he separate hymselfe from the consent of the greater part, and depart from the vnitie of the Church, he maketh himselfe a Schismaticke.

Now, to come vnto the second conclusion, if it be true, as it is in deede, that the Pope is vnder the Councell, how can the Pope then dissolue, alter and transport the Councell, agaynst the will of the same?MarginaliaThe pope cā not dissolue a generall councell against the will of the same. For with what countenaunce can we say, that the inferiour hath power ouer the superiour? How can the Synode correct the Pope, if the Pope may dissolue the Synode contrary to the will therof? Admit that the Pope be libidinous, couetous, a sower of warre and discorde, and a most mortall enemy vnto the Church, and the name of Christ, how can the Councell reproue hym, if he haue authoritie to dissolue the Councell? For as soone as euer that the Byshop of Rome shall vnderstand that in the Councell they doe intreate or talke of his correction or punishment, strayght wayes he will seeke remedy by dissoluyng the Councell.MarginaliaThe saying of Macrobius. For as Macrobius sayth: he that hath libertie to do more then is fit or necessary, will oftentymes do more then is lawfull. If so be that