A solemn contestation of diverse popes, for the advancing of their supremacyA solemne contestation of diuerse popes, for the aduaunsing of theyr supremacie
A solemn contestation of diverse popes, for the advancing of their supremacy: quoted and collected faithfully out of their own canon law, according to the very words, stile, and tenor of the same their own canons, decrees, decretals, clementines, extravagantes, bulls, epistles, and common gloss upon the same. Histories and stories of Romane bishops [et]c. In form and words, as their are to be seen, and found by the quotations here unto annexedA solemne contestation of diuerse popes, for the aduaunsing of theyr supremacie: quoted and collected faithfully out of their own canon law, according to the very wordes, stile, and tenor of the same theyr own canons, decres, decretales, clementines, extrauagantes, bulles, epistles, and commen glose vpon the same. Histories and stories of Romane bishops [et]c. In forme and wordes, as their are to be seane, and found by the quotations here vnto annexed
John Foxe 1516–1587London: printed by John Daye, 1560London: printed by Iohn Daye, 1560
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.
AAnd to the intent I would all men to see and understand that I lack not witnesses moo besides these, if I list bring them out,B you shall hear the whole quire of my divine Clergy brought out with a full voice testifying in my behalf, ⟨image 34⟩in their books, tractations, Distinctions, Titles, Glosses, and Summaries,C as by their own words here followeth. The Pope, say they, being the vicar of Jesus Christ through out the whole world,D in the stead of the living God, hath that Dominion and lordship, which Christ here in earth would not have, although he had in habitu, but gave item to Peter in Actu Ethat is the universal jurisdiction both of spiritual things and also of temporal, which double jurisdiction was signified by the two swords in the Gospel: And also by offering of the ⟨image 35⟩wise men,F who offered not only Incense, but also God, to signify not only the spiritual Dominion,G but also the temporal to belong to Christ & to his vicar. For as we read, the earth is the Lords, and the fullness thereof, and as Christ saith all power is given to him both in heaven, and earth, so it is to be affirmed, Inclusivè, that the vicar of Christ hath power on things celestial,H terrestrial, and infernal. Which he toke immediately of Christ, all other take mediately by Peter and the Pope. Wherefore such as say that the Pope hath Dominion only on Spiritual ⟨image 35⟩
and not of temporal, may be likened to the counsellors of the king of Syria .3. Reg. 20. Which said, The Gods of the mountance be their Gods, and therefore they have overcome us,
but let us fight against them in the low meadows, and in vales, where they have no power, & so we shall prevail over them: So evil counsellors now a days through there pestiferous flattery deceive Kings and Princes of the earth, saying:
But what sayeth the sentence of God to them let us hear. Because, saith he, the Syrians say, that the God of Mountance is there God, and not the God of vales,
therefore I will give all this multitude into your hand, and ye shall know that I am the Lord.
AAnd to the intent I wold all men to se and vnderstand that I lack not witnesis moo besides these, if I liste bringe them out,B you shall heare the whole queare of my diuine Clergy broughte out with a full voice testifiyng in my behalf, ⟨image 34⟩in theyr bokes, tractations, Distinctions, Titles, Gloses, and Sūmares,C as by theyr owne wordes here foloweth. The Pope, say they, beyng ye vicare of Iesu Christ thorow out the whole world,D in ye steade of the liuing God, hath that Dominiō and lordshippe, whiche Christ here in earth woulde not haue, although he had in habitu, but gaue item to Peter in Actu Ethat is the vniuersal iurisdictiō both of spirituall thinges and also of temporall, which doble iurisdictiō was signified by the two swordes in the Gospell: And also by offering of the ⟨image 35⟩wisemē,F who offered not only Incense, but also God, to signify not only the spirituall Dominion,G but also ye tēporal to belōg to Christ & to his vicare. For as we reade, ye earth is the Lordes, and the fulnes therof, and as Christ sayth al power is giuē to him both in heauen, and earth, so it is to be affirmed, Inclusiuè, that the vicare of Christ hath power on things celestiall,H terrestial, and infernall. Which he toke immediatly of Christ, al other take mediatly by Peter and the Pope. Wherfore suche as saye that the Pope hath Dominion onlye on Spirituall ⟨image 35⟩thinges in the world,I and not of temporall, may be likened to the counsellors of the king of Syria .3. Reg. 20. Which said, The Godes of the mountāce be theyr Godes, and therfore they haue ouercome vs,L but let vs fighte agaynst them in the lowe medowes, and in valles, where they haue no power, & so we shall preuaile ouer them: So euill counsellors nowe a dayes throughe there pestiferous flattery deceaue Kinges and Princes of the earth, sayng:M Popes & prelates be Gods of Montance, that is, of spirituall thinges only, but they be not Godes ⟨image 36⟩of valles, that is, they haue no dominion ouer temporall thinges,N And therefore let vs fight with them in the valles that is, in the power of temporall possessions, and so we shall preuaile ouer them.O But what sayeth the sentence of God to them let vs heare. Bicause, sayth he, the Syrians say, that the God of Mountance is there God, and not the God of valles,P therfore I will giue all this multitude into your hande, and ye shall knowe that I am the Lorde.
AAntoninus in Summulis. Augustinus de Ancho. in Decret. Astesanus Minorita.
BBaptista de Salis. in sua Batistiniana. Bonavetura.Baptista de Salis. in sua Batistiniana. Bonauetura.
GGabriel Biel. ex Spica. Gaspar. Gratianus in Decr•tis. Gerson doctor Illuminatissimus. De ecclesiastica potestate.Gabriel Biel. ex Spica. Gaspar. Gratianus in Decr•tis. Gerson doctor Illuminatissimꝰ. De ecclesiastica potestate.
HHugo Cardinalis in postilla. Hostiensis. Holkot. Hosius.
IJoannes Andreae. Innocentius. Joā. de Turr• Cremata de ecclesia S• ̄ma.Ioannes Andreae. Innocentius. Ioā. de Turr• Cremata de ecclesia S• ̄ma.
What can be more effectually spoken to set forth the majesty of my jurisdiction which ⟨image 36⟩I received immediately of the Lord, of the Lord I say, and of no man.1 For where as Constantine the emperor gave to Sylvester, enduing him with this possession and patrimony,R that is so to be expounded and taken not so much for a Donation, as to be counted for a restitution made of it, which tyrannously was taken from him before. And again where as I have given at sundry times to Ludovicus and other Emperors of my temporal lands and possessions, yet that was done, not so much for any recognising of homage to them as for keeping peace with them. ⟨image 37⟩For I owe to Emperors no dew obedience that they can claim,S but they owe to me as to their superior. And therefore for a diversity betwixt there degree and mine, in their consecration they take their unction on the arm, I on the head.T And as I am superior to them, so am I superior to all Laws, and free from all constitutions. Which am able of my self, and by my interpretation to prefer equity being not written, before the law written.V Having all laws within the chest of my breast, as is aforesaid. And what so ever this ⟨image 37⟩my sea shall enact, approve or disprove all men ought to approve or reprove the same, with out either judging, disputing, doubting, or retracting. Such is the privilege given of Christ in behalf of Peter to the church of Rome, Xthat what Country so ever, kingdom or province, choosing to them selves Bishops & ministers, although they agree with all other christs faithful people in the name of Jesus, that is, in faith and charity, believing in the same God, and in Christ his true Son, and in the holy ghost, having also the same Creed, the same Evangelists and ⟨image 38⟩scriptures of the Apostles, yet not withstanding unless their Bishops and Ministers take their origin and ordination from this Apostolic seat, they are to be counted not of the Church. So that succession of faith only is not sufficient to make a church, except the Ministers take their ordination by them, which have there succession from the Apostles. So their faith, supremacy, the chair of Peter, keys of heaven, power to bind and loose, all these be inseparable to the church of Rome, so that it is to be presumed, that God always providing, ⟨image 38⟩and saint Peter helping the bishopric & diocese of Rome shall never defayle from faith.
What can be more effectually spoken to set forthe the maiestie of my iurisdiction whiche ⟨image 36⟩I receaued immediatly of the Lord, of the Lord I saye, and of no mā.1 For where as Constantine themperour gaue to Siluester, induyng him with this possession and patrimonie,R that is so to be expoundid and taken not so muche for a Donatiō, as to be coūted for a restitution made of yt, which tyrānously was takē frō him before. And agayn where as I haue giuen at sondry times to Ludouicus and other Emperours of my temporall landes and possessions, yet that was donne, not so muche for anye recognising of homage to thē as for keping peace with thē. ⟨image 37⟩For I owe to Emperours no dewe obediance that they cā cleame,S but they owe to me as to theyr superiour. And therefore for a diuersitie betwixt there degree and mine, in theyr consecratiō they take theyr vnction on the arme, I on the head.T And as I am superiour to them, so am I superior to all Lawes, and fre from all constitutions. Which am able of my self, and by my interpretation to preferre equite beyng not wryten, before the lawe wryten.V Hauinge all lawes within the chiest of my breste, as is aforesayd. And what so euer this ⟨image 37⟩my sea shal inacte, approue or disproue all men ought to approue or reproue the same, wt out either iudging, disputing, doubting, or retracting. Such is the priuilege giuē of Christ in behalf of Peter to ye church of Rome, Xyt what Countre so euer, kingdom or prouince, cheusing to them selfes Bisshops & ministers, although they agree with al other christes faithful people in ye name of Iesu, that is, in faith and charitie, beleuing in the same God, and in Christ his trewe sonne, and in the holy gost, hauyng also the same Crede, the same Euangelistes and ⟨image 38⟩scriptures of the Apostels, yet not withstāding vnlesse their Bishops and Ministers take theyr origine and ordination from this Apostolike seate, they are to be counted not of the Churche. So that succession of fayth only is not sufficient to make a church, except the Ministers take theyr ordination by thē, whiche haue there successiō from the Apostels. So theyr fayth, supremacie, the chayre of Peter, keyes of heauē, power to bind and loose, all these be inseperable to the church of Rome, so that it is to bee presumed, that God always prouiding,
1Alexander de A•es.
RRaymundus in Summa de Ca••sibus. Richardus. Rabanus super Math. cap. 16. Rupertus Tu•itiensis.Raymūdus in Sūma de Ca••sibus. Richardus. Rabanus super Math. cap. 16. Rupertus Tu•itiensis.
SScotus Doctor Subtilis.
TThomas Aquin.
VUlricus. Waldemus cō fessionate, & De Sacramē tis.Vlricus. Waldemꝰ cō fessionate, & De Sacramē tis.
XJoan. Dreido. De Dogmatibus va•iis, lib. 4.Ioan. Dreido. De Dogmatibus va•iis, lib. 4.
And likewise it is to be presumed & presupposed that the bishop of that Church is always good and holy. yea & though he be not always good, or destitute of his own merits, yet the merits of S. Peter predecessor of that place be sufficient for him, who hath bequeathed and left a perpetual dowry of merits, with inheritance of innocency to his posterity. Yyea & though he fall into Homicide or adultery, he may sin, but yet he can not be accused, but rather ⟨image 39⟩excused by the Murders of Sampson, the thefts of the Hebrews, the adultery of Jacob. ZAnd likewise if any of his clergy should be found embracing a woman, it must be expounded and presupposed that he doth it to bless her.
And likewise it is to be presumed & presupposed that the bishop of that Churche is alwayes good and holy. yea & though he be not alwayes good, or destitute of his owne merites, yet the merites of S. Peter predecessor of yt place be sufficient for him, who hath bequethed and lefte a perpetuall dewrie of merites, with inheritance of innocencye to his posteritie. Yyea & though he fall into Homicide or adultery, he may sinne, but yet he can not be accused, but rather ⟨image 39⟩excused by the Murders of Sampson, the theftes of the Haebrues, the adultery of Iacob. ZAnd likewise if any of his clergy should be foūd embrasing a woman, it muste be expoūdid and presupposed that he doth it to blesse hyr.
Furthermore the Pope, say they, hath all the dignities & all power of all Patriarchs. In his primacy he is Abel, In government the Arch of Noah, In Patriarchdō Abraham, In order Melchizedek, In dignity Aaron, In authority Moses, In seat judicial Samuel. In zeal Elijah, In meekness David, In power ⟨image 39⟩Peter, In unction Christ. (Du bist das Antichrist.) My power they say is greater than all the saints. For whom I confirm no man may infirm. I may favour & spare whom I please,A to take from one, and to give to an other. And if I be enemy to any man, all men ought to eschew that person forthwith, and not to tarry and look while I bid them so to do. All the earth is my diocese, and I the ordinary of all men, having the authority of the King of all kings upon subjects. I am all in all & above all, Bso that God him self & I the vicar ⟨image 40⟩of God have both one Consistory, Cand am able to do almost all that God can doe, Clave non errante. DItē it is said of me, that I have an heavenly arbitrement, and therefore am able to change nature of things, Substantialia unius applicando alteri. And of nothing to make things to be, and of a sentence that is nothing, to make it stand in effect. In all things that I list, my will to stand for reason. For I am able by the law, to dispense above the law,5 and of wrong to make Justice, in correcting Laws, & changing them. You have herd hitherto sufficiently ⟨image 40⟩out of my Doctors, now you shall hear greater things out of mine own decrees. ERead there Dist. 96. c. Satis. Falso, Caus 11. q. 1. ca Sacerdotibus. GAlso, 12. q. 1. cap. Futurā. Do not you find there expressed how Constantinus the Emperor sitting in the general Council of Nice, called us Prelates of the Church all Gods. HAgain read my Canon Decretal. De transl. episc. cap. Quanto. Do you not see their manifestly expressed, how not man, but God alone separateth that which the Bishop of Rome doth dissolve & separate. Wherefore ⟨image 41⟩if those things that I do be said to be done not of man, but of God, what can you make of me but God? Again if Prelates of the Church be called and counted of Constā tinus for Gods, I then being above all Prelates,10 seam by this reason to be above all Gods. Wherefore no marvel, if it be in my power to change time and times, to alter and abrogate Laws, to dispense with all things yea with the precepts of Christ.
Furthermore the Pope, say they, hath all the dignities & all power of all Patriarches. In his primacie he is Abell, In gouermente the Arche of Noe, In Patriarchdō Abraham, In order Melchisedech, In dignitie Aaron, In autoritie Moses, In seat iudiciall Samuel. In zeale Helias, In mekenes Dauid, In power ⟨image 39⟩Peter, In vnction Christ. (Du bist das Antichrist.) My power they saye is greater than all the sainctes. For whome I confirme no manne maye infirme. I maye fauour & spare whome I please,A to take frō one, and to giue to an other. And if I be ennemy to anye man, al men ought to eschew that person forthewith, and not to tary and loke whyle I bid them so to do. All ye earth is my diocese, and I the ordinarie of al meune, hauing the autoritie of the Kinge of all kinges vpon subiectes. I am all in all & aboue all, Bso that God him selfe & I the vicare ⟨image 40⟩of God haue both one Consistorie, Cand am able to do almoste all that God can doe, Claue non errāte. DItē it is said of me, that I haue an heauē ly arbitrement, and therfore am able to chaunge nature of thinges, Substantialia vnius applicando alteri. And of nothing to make thinges to be, and of a sentence that is nothing, to make it stande in effect. In all thinges that I liste, my wyll to stand for reason. For I am able by the lawe, to dispense aboue the lawe,5 and of wrōg to make Iustice, in correcting Lawes, & chaūgyng thē. You haue herd hytherto sufficiētly ⟨image 40⟩out of my Doctors, nowe you shal heare greater things oute of mine owne decrees. EReade there Dist. 96. c. Satis. Falso, Caus 11. q. 1. ca Sacerdotibus. GAlso, 12. q. 1. cap. Futurā. Do not you finde there expressed how Constātinus the Emperour sitting in the generall Councel of Nice, called vs Prelates of the Churche all Gods.
AGlosa. in c. 11. q. 3. Si inimicus.
BHostiensis in cap. Quanto. D• transl. praeb.Hostiensis in cap. Quāto. D• trāsl. praeb.
CEx summa casuum fratris Baptistae.
DEx Citatione Hen. Bulling. De fine seculi. Orat. Prima. Item ex citatione Jacobi Andreae, aduersus Hosiū. lib. 5. Item ex citatione Hierom. Marij. in Actis 2. Diei.Ex Citatione Hen. Bulling. De fine seculi. Orat. Prima. Item ex citatione Iacobi Andreae, aduersus Hosiū. lib. 5. Item ex citatione Hierom. Marij. in Actis 2. Diei.
5De concessione praeb. ca. Proposuit.De cōcessione praeb. ca. Proposuit.
EPope Nicol• us• Dist. 96. c. Satis.
F11. q. 1. Sacerdotibus.
G12. q. 1. c. Futuram.
HDecretal. De Transl. episc• cap. Quanto.
10Thus ye may see i• veri•ide that s. Paul prophesieth of y• adversary setting in the temple as God, & boasting him above all that is named God. &c. 2. Thess. 2.Thus ye may se i• veri•ide that s. Paul prophesieth of y• aduersarye settyng in ye temple as God, & bostyng him aboue al that is named God. &c. 2. Thess. 2.
For where Christ biddeth Peter put up his sword, monishing his disciples not to use any outward force in revenging themselves, ⟨image 41⟩Ido not I pope Nicolaus writing to the Bishops of France, exhort them to draw out there material swords in pursuing their enemies, and recovering their possessions, setting against the precept of Christ, the prophet saying:2 Dissolve colligationes impietatis &c? Item where Christ was present himself at that marriage in Cana Galileae, Kdo not I Pope Martinus in my distinctions inhibit the spiritual clergy to be present at marriage feasts, and also to marry themselves? Item where matrimony by Christ can not be loosed but only for whoredom ⟨image 42⟩LDo not I Pope Gregorius Junior, writing ad Bonifacium, permitte the same to be broken for impotency or infirmity of body? MItem against the express caution of the Gospel doth not Innocentius 4. permit vim vi repellere? NLikewise against the old testament I do dispense in not giving tithes.O Item against the new Testament in swearing, & that in these six causes:
PPax, & fama, fides, reverentia cautio Damni
Defectus veri, poscunt sibi magna caveri.
Wherein two kinds of oaths ⟨image 42⟩is to be noted whereof some be promissoria, some be assertoria. &c? QItem in voves & that ex toto voto. Where as other Prelates can not dispense ex toto a voto, but I can deliver ex toto a voto, like God himself. RItem in perjury if I absolve my absolution standeth. SWhere also note that in all swearing, always the authority of the superior is excepted. TMore over where Christ biddeth to lend without hope of gain, do not I pope Martinus give dispensation for the same, not withstanding the council of Thuron enacted the contrary, yet with two Bulls I disannulled ⟨image 43⟩that decrement. VWhat should I speak of Murder making it no Murder nor homicide, to s•aye them that be excommunicate. XLikewise against the law of nature, YItem against the Apostle, Zalso against the canons of the Apostles I can and do dispense. For where they in their Canon command a priest for fornication to be deposed, I through the authority of Sylvester alter yt rigour of the constitution. AConsidering the minds & bodies also of men now to be weaker than they were then. BBriefly against the universal state of the Church I have ⟨image 43⟩dispensation, sc• quando status ecclesiae non decoloratur.
For where Christ biddeth Peter put vp his sworde, monishyng his disciples not to vse any outward force in reuēging themselues, ⟨image 41⟩Ido not I pope Nicolaus wryting to the Bishops of Fraunce, exhorte them to drawe oute there materiall swordes in persuyng theyr enemies, and recouering theyr possessions, setting agaynste the precept of Christ, the prophet sayng:2 Dissolue colligationes impietatis &c? Item where Christ was present himself at yt mariage in Cana Galileae, Kdo not I Pope Martinus in my distinctions inhibite the spirituall clergye to be present at mariage feastes, and also to mary thēselues? Item where matrimonie by Christ cā not be losed but only for horedom ⟨image 42⟩LDo not I Pope Gregorius Iunior, wrytynge ad Bonifacium, permitte the same to be broken for impotēcie or infirmite of bodye? MItem against the expresse caution of the Gospel doth not Innocētius 4. permitte vim vi repellere? NLikewise against the olde testament I do dispense in not gyuing tithes.O Itē against the newe Testament in swearing, & that in these sixe causes:
PPax, & fama, fides, reuerentia cautio Damni
Defectus veri, poscunt sibi magna caueri.
Wherin two kindes of othes ⟨image 42⟩is to be noted whereof some be promissoria, some be assertoria. &c? QItem in voues & that ex toto voto. Where as other Prelates can not dispense ex toto a voto, but I can deliuer ex toto a voto, like God himselfe. RItem in periury if I absolue my absolutiō stādith.
IPope Nicolaus Caus. 15. q. 6. c. Autoritatē.Pope Nicolaꝰ Caus. 15. q. 6. c. Autoritatē.
2The Prophets mind well expoū did.The Prophets minde well expoū did.
KPope Martinus. Dist. 34. cap. Lector.
LPope Gregorius Junior. 32. q. 7. cap. Quod proposuisti.Pope Gregorius Iunior. 32. q. 7. cap. Quod proposuisti.
MPope Innocē tius. 4. Sext. Decretal. De sententia excō. cap. Dilecto.Pope Innocē tius. 4. Sext. Decretal. De sentētia excō. cap. Dilecto.
NPope Alexander. 3. De Decimis. cap. Ex parte.
OPope Nicolaus. 15. q. 6. Autoritatem.
PDe elect. & elect. Potestate. Significasti in Glosa.
QBaptista de Salis. in Sū ma casuum ex PavormitanoBaptista de Salis. in Sū ma casuum ex Pauormitano
RPope Innocē tius. 4. De elect. Venerabilem.Pope Innocē tius. 4. De elect. Venerabilem.
SExt. De Jure jurando. cap. Venientes. Itē. De Elect. Significasti• in Glosa.Ext. De Iure iurando. cap. Venientes. Itē. De Elect. Significasti• in Glosa.
1And for marriage in the second degree of consanguinity and affinity, In collateralibus equally linea, that is betwixt brethren children: although not inaequali linea, so that the uncle may not marry his nice, unless for an urgent & weight cause. As for all such contracts betwixt party and party, where that matrimony is not yet consummate by carnal copulation, it is but a small matter for me to dispense with all. In summa, if ye list briefly to here the whole nun ber of all such cases as properly appertain to my Papal ⟨image 44⟩dispensation, which come to the number of one and fifty points, that no man may meddle with all, but only I my self alone, I will receipt them first in Latin, then in English, as they be set forth in my Canonical Doctors.
1And for mariage in the second degree of consanguinite and affinite, In collateralibus aequali linea, that is betwixt brethern children: although not inaequali linea, so that the vncle may not mary his nice, vnles for an vrgēt & weyght cause. As for all such cōtractes betwixt party and party, where that matrimonie is not yet consummate by carnall copulation, it is but a small matter for me to dispēse with all. In summa, if ye liste briefly to here the whole nū ber of al such cases as properly apperteine to my Papall ⟨image 44⟩dispensation, whiche come to the number of one and fiftie pointes, that no manne maye meddle with all, but onlye I my selfe alone, I will receite them firste in Latin, then in English, as they be set forthe in my Canonicall Doctors.
Casus Papales .51. Apud Fratrem Astesanum, sine de Ast. Doctorē solemnem in Summa confessionis. Item apud Hostien•em. De offic. legat. reperti & his versibus comprehensi.
Casus Papales .51. Apud Fratrem Astesanum, sine de Ast. Doctorē solemnem in Summa confessionis. Item apud Hostien•em. De offic. legat. reperti & his versibus comprehensi.
Agayn reade my Canon Decretal. De transl. episc. cap. Quanto. Doe you not see theyr manifestlye expressed, howe not manne, but God alone separateth that which the Bisshoppe of Rome doth dissolue & separate. Wherfore
⟨image 41⟩
if those thinges that I do be said to be done not of manne, but of God, what canne you make of me but God? Agayn if Prelates of the Churche be called and counted of Constā tinus for Gods, I then beyng aboue all Prelates,
seame by this reason to bee aboue all Gods. Wherefore no meruell, if it be in my power to chaūge time and times, to alter and abrogate Lawes, to dispense with al thinges yea with the precepts of Christ.
More ouer where Christ biddeth to lende without hope of gaine, do not I pope Martinus giue dispensation for the same, not withstanding the councell of Thuron enactid the cōtrary, yet with two Bulles I disamillid
also againste the canones of the Apostels I can and do dispēse. For where they in their Canō cōmaūd a priest for fornication to be deposed, I thorow ye autoritie of Siluester alter yt rygor of ye constitutiō.
