A04474:1801
A reply unto M. Hardinges answerA replie vnto M. Hardinges ansvveare
A reply unto M. Hardinges answer by perusing whereof the discrete, and diligent reader may easily see, the weak, and unstable grounds of the Romaine religion, which of late hath been accounted Catholic. By John Jewel Bishop of Salisbury.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.
Imprinted at London : In Fleetestreate, at the sign of the Black Oliphant, by Henry Wykes, Anno. 1565Imprinted at London : In Fleetestreate, at the signe of the Blacke Oliphante, by Henry VVykes, Anno. 1565
Article 4 › The B. of Salisbury.Article 4 › The B. of Sarisburie.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
But if it were granted, it was lawful then for the Bishop of Rome, to receive all manner appeals, in such order, as it is pretended, yet cannot M. Harding thereof necessarily conclude, that the Bishop of Rome was the Head of the Universal Church. For Ostiensis saith, Appeals may be made, not only from the lower Judge unto the higher, but also from equal to equal: And in this order, as it shall afterward be showed more at large, Donatus a Casis nigris, 1was by the Emperor lawfully removed from the Bishop of Rome, to the Bishop of Arle in France.
But if it were graunted, it was lawful then for the Bishoppe of Rome, to receiue 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 Uniuersal 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 afterwarde be shewed more at large, Donatus a Casis nigris, 1was by the Emperour lawfully remooued from the Bishop of Rome, to the Bishop of Arle in Fraunce.
- 1August. epist. 162 Extra. de appellationib. in Sexto. Roma. Ecclesi. In Glosa.
Ostiensis words be these, Non nocebit error, si appelletur ad Maiorem, quàm debuerit, vel ad parem. The error shall not hurt, if the appeal be made, either to a higher Judge, then was meet, or to an equal. Where also it is thus noted in the Margin, Appellari potest ad parem, si de hoc sit consuetudo. Appeal may be made unto the equal, if there be a custom of it. Hereby it is plain, that the right of appeal by fine force of Law, concludeth not any necessary superiority: much less this infinite power over the whole Universal Church.