A 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

A 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

Table of contents

Title page

To the Christen Reader.

A Solemne Contestation of diuers Popes.

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.

Cases Papale, to the nū ber of one and fiftie, wherin the Pope hath power only to dispense and none els besides. Except by a speciall licence from hym.

§

§

[Page]

[Page]

A 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 Bisshops &c. Informe and wordes, as their are to be seane, and found by the Quotations here vnto annexed.

Imprinted at London by Iohn Daye, dwelling ouer Aldersgate. Cum gratia & priuilegio Regiae Maiestatis.

To the Christen Reader.

[Page]

IN reading this Boke vnderstād (gentle Reader) nothing here to be feyned or forged of vs [...] otherwise than the Popes themselfes in theyr owne Persones speake and write in theyr owne Lawes and Canones, accordyng as their wordes and sentences shall declare, if thou please to searche them and to conferre the quotationes here in the Margent, with their writynges as they stand in theyr owne Bokes. Wherein, if thou shalte finde any line or sentence through this whole Boke alteryng or vareyng from their wordes and truth of their writynges: then iudge and wey not so much our labour in gathering, as marke the matter & maner of their handling, and then be not ashamed to confesse the truth.

Vale.

A Solemne Contestation of diuers Popes.

[Page]

FPope Bonifacius 8. Extrauag. de Maiorit. & obed. c. Vnā. Or as much as it standeth vpō necessite of saluation, for euery humane creature to bee subiecte vnto me, the Pope of Rome, it shalbe therefore requisite and necessary for all men that will be saued to learne & knowe the dignitie of my sea, and excellencie of my domination, as here is set forth accordyng to the truth and very wordes of mine owne lawes, in style as foloweth. Distinct. 28 [...] ca. Decretis [...] First my institution began in the old Testament, & was consumate and finished in the newe: in that [Page] my pristhode was prefigured by Aaron: And other bishshopes vnder me were prefigured by the sonnes of Aarō, yt were vnder him. Pope pelagius Distinct. 21. c. Quāuis. Nether is it to be thought that my church of Rome hath ben preferred by any general coūsell, but obtained ye primacie only by the voyce of the gospell, & the mouth of ye sauiour.Pelagius ibidem. And hath in it neither spotte nor wrincle, nor any suche like thing. Pope Nicolaꝰ Dist. 21. cap. Inferior. Wherefore as other seates be all inferiour to me, & as thei can not absolue me: so haue they no power to binde me, or to stand against me, no more thā the axe hath power [Page] to stād or presume aboue him that heaweth with it, or the sawe to presume against him yt ruleth it. Pope Lucius 24. q. 1. cap. a. Recta.This is the holy & apostolike mother church of all other churches of Chryst, Pope Calixtus Dist. 12. cap. Non decet. From whose rules it is not mete that any person or persons should decline, but like as the sonne of God came to do the will of his Father, so muste you do the will of your mother, the church of Rome, ye head whereof am I. Pope Innocē tius. Distinct. 11. cap. Quis.And if anye other person or persones shall erre from the said church, eyther let them be admonished, or els their names taken, to be knowē who they [Page] be that swarue from the customes of Rome. Pope Stephanus Distinct. 19. ca. Enim [...]ero. Thus thē for asmuch as ye holy churche of Rome, wherof I am gouernour, is set vp to the whole worlde for a glasse or exāple, reasō wold, that what thing so euer the sayd church determyth or ordeneth, that to be receaued of all men for a generall & a perpetuall rule for euer. Pope Bonifa. 8. Extrauag. c. vnā sanctā. Item Pope Ioannes. 22. Extrau. cap. Super gētes. Wherevpon we se it now veryfide in this church, that was forprophesied by Ieremy, saing: behold I haue set thee vp ouer nations and kingdomes to plucke vp, and to breake down, to build, and to plante &c. Pope Innocē tiui 3. art. de maior & obe. c. Solitae. Who so vnder [Page] standeth not the prerogatiue of this my Priesthode let him loke vp to the Firmament, where he may see two great lightes, the sunne & the mone, one ruling ouer the daye, the other ouer ye night. So in the firmament of the vniuersall churche. Pope Gelasius distinc. 96 cap. Duo. God hath set two great dignities, the autoritie of the Pope, and of the emperour. Of ye whiche ij. this our dignitie is so muche more weightier, as we haue ye greater charge to geue accompt to god, for kings of the earth & the lawes of men. Ibidem.Wherfore be it knowne to you emperours, which knowe it also [Page] right well, that you depende vpon the iudgemēt of vs, we muste not be brought and reduced to your will. Innocentius De Maior. et obed. c. Solitae. For, as I sayd, loke what difference there is betwixt the Sunne and the Mone, so great is the power of the Pope ruling ouer the daye, that is ouer the spiritualtie, aboue emperours and kinges rulinge ouer the nyght that is ouer the laitie. Glosa ibidē. Now seyng then the earth is seuē times bigger then the Moone, and the sunne eight times gretter than the earth, it foloweth that the Popes dignitie 47. times dothe surmounte the estate of Emperours. [Page] Ibidem.Upon consideracion wherof I saye therfore & pronoūce, that Constantine the Emperour did naught, in setting the patriarch of Cōstantinople beneth him on his left hād. Innocētius Glosa ibidem. And although the said Emperour wrote to me alleging ye wordes of saint Peter commaundyng vs to submit our selfs to euery humane creature, as to kings, dukes and other for the cause of God. &c. 1. Peter .2. yet in aunswering agayn in my decretall, I expounded the minde and the wordes of s. Peter to pertain to his subiectes, and not his successors, willinge the saide [Page] emperour to consider the person of the speaker, & to whom it was spokē. For if the mind of Peter had ben there to debase the order of pristhod and to make vs vnderlinges to euerye humane creature, than euery Iacke might haue dominion ouer prelates whiche maketh against the example of Christ, setting vp the order of presthod to bere dominion ouer kinges, beyng said to Ieremy the Prophet: beholde I haue set the vp ouer kinges & nations. &c. Pope Clemēs. 5. Clemēt. de iureiurando c. Romani.And as I feared not than to write this boldly to Cōstantine, so now I say to al other emperours, that thei [Page] receiuing of me there approbation, vnction, consecratiō, & croune imperiall, muste not disdaine to submit there heades vnder me, and swear vnto me there allegeance. Pope Ioānes. Dist. 96. c. Nunquam.For so you reade in the decree of pope Iohn, howe that princes heretofore haue bē wont to bowe and submitte there heades vnto bishops, and not to procede in Iudgement against the heades of bishops. Pope Clemēs. 5. clement. de Sentēt. & reiud, c. Paestos ralis.yf this reuerence & submission was wont to begeuen to Bisshops, howe muche more ought they to submitte there heades to me beyng superior not only to kinges, but Emperours, [Page] and that for two causes, firste for my title of successiō that I pope of Rome haue to ye empire, the roume standinge vacant. Also for the fulnesse of power that Christe the kinge of Kinges, and lorde of Lordes hath geuen to me in the person of Peter. Pope Innocē tius 3. De iudiciis cap. Nouit.By reason whereof, seyng my power is not of man but of God, who by his celestiall prouidence, hath set me ouer his whole vniuersall Churche maister and gouernour, it belongeth therfore to my office to loke vpon euery mortal sinne of euery Christē [Page] man: Ibidem. Wherby all criminall causes as well of kinges, as all other, be subiecte to my censure, Pope Iulius. Caus. 2. q. 6. c. Ad Romanā. in suche sorte, that in all maner of pleadyng if any maner of person at any time eyther before the sentence giuen, or after shall appele to me, it shalbe lawfulfor him so to do. Innocentius Ibidem. Nether must Kinges and Princes thinke it muche to submitte themselfes to my Iudgement for so did Valentinianus the worthy Emperour, so did Theodosius, and also Carolus.

Bonifacius Dist. 40. cap. Si papa. Thus you see all muste be iudged by me, & I of no man, [Page] yea and thoughe I Pope of Rome, by my negligencie or euill demanner befound vnprofitable, or hurtfull other to my self, or to others, yea, if I should draw with me innumerable soules by heapes to hell, yet no mortall manne so hardy, so bold, or presumptuous to reproue me, Glosa. Extrauag. de sede vacant. Ad apostolatus. or to say to me: Domine cur ita facis? Pope leo. cau. [...]. q. 7. c. No [...].for although you reade that Balaam was rebuked of his asse, by the whiche Asse our subiectes, by Balaam we prelates are signified: yet that ought to be no example to our subiectes to rebuke vs. Gregorius 2. q. 7. c. petr [...].And though we reade in the scripture [Page] that Peter, who receaued the power of kyngdome, and beyng chiefe of the Apostels, might by vertue of his office controlle all other, was content to come, and giue answere before his inferiours, obiecting to him, his goyng to the gentiles, yet other inferiours muste not learne by this example to be chekmate with their prelates, bycause that Peter so toke it at there handes, shewyng therby rather a dispensation of humilitie, than the power of his office, by the whiche power he might haue saide to them again in this wise, it becōmeth [Page] not shepe, nor belongeth to their office to accuse or carpe theyr sheapherd, &c. Pope Nicolaꝰ Dist. 21. cap. In tantū. For els why was Dioscorus patriarch of Alexandria condemned and excōmunicate at Chalcedon? not for any cause of his faith, but only for that he durst stād against pope Leo, and durst excōmunicate the Bisshop of rome, for who is he that hath autoritie to accuse the seat of saint Peter.Hiero. Caus. 2 q. 7. cap. Paulus. Albeit I am not ignorāt what saint Hieromy writeth, that Paule would not haue reprehendid Peter, vnlesse he had thought himselfe equale vnto him: Glosa Gratiani ibidem. yet Hieromy muste thus be expoundid [Page] by my interpretation, that this equalitie betwixt Peter and Paule consisteth not in like office of dignitie, but in purenes of conuersation. Glosa. in Dist. 11. c. Quis.For who gaue Paule his licence to preache but Peter, and that by the autoritie of God, sayng, separate to me Paule and Barnabas. &c. Caus. 2. q. 7. [...]o beati. Wherefore be it knowen to all men that my Churche of Rome is prince & head of al nations, Pope Nicolaꝰ Dist. 22. c. oēs.the mother of the faith,Pope Anacletus. Dist. 22. c. Sacrosācta. the fundation cardinall, wherupon all churches do depende as the dore dothe depende by the hinges: Pope pelagius Dist. 21. quā uis. the first of al other [Page] seates, without al spot or blemish: Pope Nicolaꝰ Dist. 21. cap. Deni (que).Lady mistres and instructor of all Churches. Pope Stephanus. Dist. 19. Enimuero. a glasse and spectacle to al men, to be folowed in all, what so euer she obseruith. Pope Lucius. 24. q. 1. Arect. Whiche was neuer founde yet to slide or decline from the pathe of apostolicke tradition, or to be intāgled with anye newnes of Heresy. Pope Nicolaꝰ Dist. 22. Oēs.Agaynst which church of Rome who so euer speaketh any euill, is forthwith an heritike: Pope Gregorius. Dist. 81. cap. Siqui. yea a very pagane a witch and idolater or infidele. Pope Leo. Caus. 3. q. 6. cap. Multū. Hauinge fulnesse of power onlye in her owne handes in rulyng,Dist. 20. Decretales. desisinge, absoluinge, condemning, [Page] casting out, or receiuing in,Pope Iulius. Caus. 2. q. 6. Qui se. albeit I deny not but other Churches be partakers with hyr in laboring and caryng. Caus. 2. q. 6. Arguta. itē c. Ad Romanā.To the which church of Rome it is lawfull to appeale for remedy, frō al other Churches.Caus. 2. q. 6. cap. Placuit. Although it was otherwise concluded in the generall coūcell of Carthage, that no man shoulde appeale ouer the sea, vnder paine of ex communication, yet my glose commeth in here with an exception,Glosa. Gratiani.¶ Nisi. Nisi forte Romanam sedem appellauerint: 1. Except the appeale be to ye sea of Rome, &c. Pope Gelasiꝰ. 25. q. 1. cap. Cōfidimus.By the autoritie of whiche Churche of Rome, all sinodes, [Page] and decrees of counsels stande confirmed. Pope Vrbanꝰ. 25. q. 1. c. Sūt. And hath alwaies full autoritie in hyr handes to make newe Lawes and decrementes:Pope Pelagius 25 q. 2. ca. posteaquam. And to alter statutes priuileges, rightes or Documentes of churches to separate thinges ioyned, & to ioyne things seperated vpon cōsideration eyther in whole or in parte, personally, or generally. Bulla Donationis. Dist. 96. c. Cōstant.Of the whiche Church of Rome I am heade as a king is ouer his iudges, Pope paschalis Dist. 63. cap. Ego.the vicare of S. Peter. Pope Clemēs 5. Clemēt. c. Romani. Glosa.yea not the vicare of Peter properly, but ye vicare of Christ properly, and successor [Page] of Peter. Pope Bonifacius 8. Sext. Decretal. cap. vbi. vicare of Iesus christ,Ibidem. Rector of the vniuersall churche: Director of ye Lorde his vniuersall flocke: Pope Bonifacius. prohem. Sext. Decretal. ib. Sacro sancta. Chiefe magistrate of the whole worlde. Anacletus. Dist. 22. cap. Sacro sancta. 1. Cephas. i. caput, the head and chiefe of the Apostolike Churche.

Pope Bonifacius 4. Sext. Decret. de paenit. & remiss. cap. 5. Glosa.

Item Alexander 4. Sext. Decre. c. 4. in Glosa.

vniuersall Pope, And diocesane in all places exempt as well as euerye Bisshoppe is in places not exempt. Pope hilarius. 25. q. 1. Nulli. most mightie Priest. Sext. Decret. cap. Ab arbitris. Glosa. Lex animata in terris. 1. Pope Bonifaciꝰ. Sext. Dec. De cōst. cap. licet. a liuing lawe [Page] lawe in the earth hauing all lawes in ye chiste of my breste Pope Innocē tiꝰ. 3. De trāsl. c. Quanto. bering ye person of no pure mā: Prohaem. Clemēt. Glosa. Papa Stupor mundi &c. Nec Deus es nec homo, quasi neuter es inter vtrū (que).beyng nether God nor man, but the admiratiō of the world, and a midle thing betwixte both: Pope Bonifacius. Extr. De Maiorit & obed. ca. vnā. Itē Dist. 22. c. Oēs. Hauing both swordes in my power bothe of ye spirituall, & temporall iurisdictiō, Sext. Decret. De sentēt. & re. c. Ad Apostolicae. itē in Glosa. ibidē.so far surmoūting ye autoritie of the emperour, yt I of mine owne power alone without a councell haue autorite to depose him, to transferre his kyngdome, and to giue a new election, as I did to Frederick & diuers other. Pope Nicolaꝰ Dist. 22. cap. Oēs.What power than or po [...]estate in al the world is cōparable [Page] to me: who haue autoritie to binde and lose both in heauē & earth.Glosa. ibidē. That is, who haue power both of heauenly thinges, and also of temporal thinges?Pope Gelasius. Dist. 96. c. Duo. To whom Emperours and kinges be more inferiour, thā leade is inferiour to Gold.Pope Gelasius. ibidem. For do you not see the neckes of great kinges & princes bēd vnder our knees, yea & thynke thēselfes happy & well defensid, if they maye kisse our hādes?Dist. 96. cap. Illud. Wherfore ye sawsines of Honorius thēperour is to be reprehēdid, & his constitutiō abolished, who wt his laitie would take vpon him to intermedle not onl [...] [Page] with the temporall order, but also with matters ecclesiastike, and elettion of the pope. Ex citatione Hier. Marij. But here percase some will obiect the examples & words of Christ, saing, that his kingdom is not of this world, and where he beyng required to deuide betwixt two brethren there hereditage, did refuse it but that ought to be no preiudice to my power. Pope Hilde brādus, called Gregorius 7. Ex platina, in Vita Gregorii.For if Peter, and I in Peter, if we I saye, haue power to binde & loose in heauen, how much more thā is it to be thought, that we haue power in earth to loose and take awaye imperes, Kyngdomes, Dukedomes, [Page] and what els so euer mortall men maye haue, and to giue them where we will? Hildebrandus ibidem.And if we haue autoritie ouer Angels, which be the gouernors of princes, what thē maye we do vpon theyr inferiours and seruaūtes? Antonius in Tertia parte Sūmae maiori [...]. And for that you shall not meruel, that I say, Angels be subiect to vs, you shal here what my blessed clerke Antoninus, wryteth of that matter, saying, yt our power, of Peter & me, is greater then the Angels in .4 thynges: In iurisdiction, 2. in administration of sacramēts: 3. in knowlege, 4. and in reward. &c. Bulla Clemē [...]And again in Bulla [Page]Clementis, do not I there commaunde in my Bull, the angels of Paradise to absolue the soule of man oute of purgatory and to bringe it into the glory of Paradise? Pope Innocē tius. De electione c. Ve [...]erabilem.And now besides my heauē by power to speake of mine earthly iurisdiction, who did first translate the Empeire from the Grekes, to the Almanes, but I?Extrauagan. De praeben. et dig. c. Execrabilis. And not only in the Empyre am Emperour, the place being emptie, but in all ecclesiasticall benefices haue full right and power to giue, to translate, and to dispose after my arbitremēt. Pope Zacha [...]ias. Caus. 15 q. 6. c. Ali [...]. Did not I Zacharias put downe Hildericke [Page] the olde king of Fraūce, and set vp Pipinus? Pope Hildebrand. called Gregorius. 7. Clemēt. c. pastoralis.Did not I Gregorius sept. set vp Robert VVysarde and made him kyng of Sicilia & Duke of Capua? &c. Ex Gestis Hildebrandi [...] Did not I the same Gregorius also sette vp Rodulphus against Henricus themperour? Baptista Egnatius. And thoughe this Henricus was an Emperour of moste stoute courage, who stoode, 62. times in opē fielde against his enemies.

Platina Benno.

Nauclerus [...]

yet did not I Gregorius bring him, coram nobis, and made him stande at my gate three dayes and iij. nightes barefote & barelegge with his Wife and Childe, in the depe of winter, bothe in [Page] froste and snowe entreating for his absolucion and after did excōmunicate him again, so was he twise excommunicate in my daies?

Platina Egnatius.

Benno.

Again did not I Paschalis after Gregory, set vp the Sonne of the said Henricus, against his Father in warre, to possesse the Empere, and to put down his father, and so he did? Polido. Virgilius. Historia Iornalensis de rebus Anglorum. Itē did not I pope Alexander brynge vnder Henry the second king of England, for the death of Thomas Becket, and caused him to goe barefote to his tombe at Canterburie with bleding feete? Chronica ver [...]acula. Did not I Innocentius the thirde, cause kinge Iohn to [Page] knele downe at ye fete of Pandolfus my legate, and offer vp his crowne to his handes? also to kisse the fete of Steuen Lāghton bishop of Cāterbury, and besides marsid him in a M. Markes by yeare? Pope Vrbanꝰ. Caus. 15. q. 6. cap. Iuratos. Did not I Vrbanus 2. put downe Hugo erle in Italy, discharging his subiectes from their othe and obedience to him?

Pope Pasch [...] lis. Carsulani [...] Platina.

Vincentius.

Stella.

Antoninus.

Matheus pari [...]siensis.

Did not I Paschalis excōmunicate also his Sonne Henricus 5. and gate out of his handes al his right and title of electiōs, and donacions of spirituall promotions? Did not I Gelasius .2. bring the captaine Cintius vnder,Pope Gelasius . [...]. vnto the kissing of [Page] my fete? And after Gelasius, Pope Calixtus [...]2. did not I Calixtus 2. quale the for said emperour Henricus 5. & also did bring in subiection Gregorie whom the sayd Emperour had set vp against me to be Pope,Platina de vitis pontificū. bringing him into Rome vpon a Camell, his face to the horse taile, making him to hold the horse taile in his hāde in steade of a bridle? Pope Innocē tius .2. Platina. Further did not I Innocentius 2. set vp and made Lotharius to be Emperour for driuing out Pope Anacletus out of Rome. Nauclerus.Dyd not I the said Innocētius take the Dukedome of Sicile from the Empere, & made Roger to be king [Page] thereof, wherby afterwarde the kingdome became the patrimonie of s. Peter? Pope Alexā der .3. De spō sal. & matr. c. Non e [...]t. Did not I Alexander .3. suspende al the realme and Churches of Englande for the Kinges mariage. Anno 1159. Nauclerus. Acta. Rom. pontificum.But what do I speake of kings? did not the said Alexander bringe the valiant Emperour Fredericke the firste to Venece, by reason of his sonne Otho there taken prisoner, and there in s. Marke his Churche made him fall downe flat vpon the ground, while I set my fote vpon his necke, sayng the verse of the Psalme. Super a [...]pidem & basiliscum ambulabis &c. Pope Adrianus. Vitae Ro. pontificum.Did not [Page] I Hadrianus pope and an English man borne excommunicate William King of Sicile, and refused his peace, which he offerid. And had not he ouercome me in plaine fielde, I would haue shaked him out of his kingdom of Sicile and Dukedome of Apulia? Ex A [...]entino. Also did not I the saide Adrianus, controlle and correct the forsaide Fridericus emperour for holding the lea [...]te sturrup of my horse whā he should haue holdē the right? [...]ulla Adriani [...]ōtr [...] Caesarē. And afterwarde did excomunicate and curse him, for that he was so sawsie, to set his owne name in writing before mine? Acta Rom. pontifi. And [Page] although a pore flie afterwarde ouercame & strangled me, yet I made kynges and Emperours to stope. Pope Innocē tius 3. Ex vitis & Actis Rom. pontifi [...]cū. Dyd not I Innocentius .3. deiect Philippus brother to Fridericus frō the emperiall crowne beyng electid withoute my leaue, and after set him vp agayne? And also set vp Otho of Brūswicke,Ex Abbate Vrspergense. and after did excōmunicate & also depose the same 4. yeares, setting vp the frēch kyng to warre against hym? Ex eodem. Then was Fridericus .2. by me sette vp and reigned .37. yeares, and yet fiue yeares before he died. Pope Honoriꝰ 3. Ex Mario. Did not I Honorius interdicte him, for [Page] not restoring certaine to their possessions at my requeste? Pope Gregorius. 9. Ex eodem. Whom also Gregorius .9. dyd excommunicate twise together, and raised vp the Venetians agaynst him. Pope Innocē tius .4. Hieronimus Mariꝰ Petrus de Vineis. And at length Innocentius spoiled him of his empere, after that caused hym to be poysoned, at length to be strangled by one Manfredus, and did excommunicate his sonne Conradus after him, not only depreuing him of his right inheritaūce, but also caused him, with Friderick Duke of Austria to be beheaded. Ex Chronic. Car [...]onis. Thus then dyd not I excōmunicate and depose all these Emperours in [Page] order. Henricus .4. Henricus .5. Fridericus .1. Philippus Otho .4. Fridericus .2. and Conradus his sonne? Historia An [...]glorū.Did not I interdicte kyng Henry the eyght? Ibidem. And all his kingdome of Englād? Ibidem.And had not his prudence and power preuētid my practise, I had displaced him frō his kingdome also? briefly who is able to comprehend the greatnesse of my power & of my seat? Pope Marcellus. Dist. 17 cap. Synodū.for by me only generall councels take theyr force and cōfirmation, Dist. 20 [...] Decret [...]les.and the interpretacion of the said consels, and of al other causes hard and doubtfull ought to be referred and stande to my [Page] determination. Pope Nicolaꝰ Dist. 19. Si Romanorū. By me the workes of all wryters what so euer they be, eyther be reproued or allowed. Ibidem. Then howe muche more ought my wrytinges and decrees to be preferrid before al other?Dist. 20. Decretales. In so muche that my letters and epistels decretall be equiualent with generall councels. Symmachus Pope. 9. q. 3. Aliorū.And wher as God hath ordenid all causes of men, to be iudged by men, he hath only reseruid me, that is, the Pope of Rome, without all questiō of men, vnto his own iudgement. Pope Innocē tius. 6. q. 3. c. Nemo.And therfore where all other creatures be vnder theyr iudge, only I which in [Page] earth am the iudge of all can be iudged of none, nether of Emperour, nor the whole Clergye, nor of Kynges, nor yet of the people. Ibidem. For who hath power to iudge vpō his Iudge? Pope Gelasiꝰ .9. q. 3. cap. Cuncta. This iudge am I, & that alone, without anye other assistance of any [...]ouncel ioyned to me. For I haue power vpon councels, councels haue no power vpō me. But yf the coūcell determe amisse, it is in my autoritie alone to infringe it, or to condemne whome I luste without any councell. Ibidem.And all for the preminēce of my predecessor blessed saint Peter, which by the [Page] voyce of the lord, he receuid, and euer shall retene. Anastasius patriarch. D. q. 3. c. Antiquis Item. 1 [...]. q. 3. cap. Quamuis. Farthermore and where as al other sentences and iudgmēts both of coūcels person or persones maye and oughte to be examined,Pope Gregorius .2. q. 3. c. Quatuor. for that, thei may be corrupted foure wayes, by feare, by giftes, by hatred, by fauoure: only my sentēce and iudgement muste stande, Pope Agatho. Dist. 19. cap. Sic oēs.as gyuen out of Heauen by the mouth of Peter himself whiche no manne must, Pope Nicolaus .9. q. 3. cap. Patet.breake, nor retract.

Pope Innocentius 2. Art. 17. q. 4 [...] Si quis.No man muste dispute or doubt of. Dist. 19. cap. In memoriam. yea & if my iudgment statute or yock seame scarsly tolerable, [Page] yet for remēbrāce of s. Peter it must be humbly obeyd. Sextꝰ Decret. Tit. 7. De renunciat. Quoniā. Glosa.yea and moreouer obediēce is to be geuē not only to such decrees sette forthe by me in time of my Popedome, but also to suche as I do foresey & commit to writing, before I be Pope.Of [...]ic. l. 1. And although it be thought by some writers, to be giuen to all men to ere, and to be deceauid, Glosa. Extra. De verb. signif. cap. Ad. yet nether am I a pure man, Pope Gregorius. Caus. 35. q. 9. Apostolicae.and again the sentence of my Apostolike seat is alwaies cōceauid with such moderation, is concocte and digestid with suche pacience, and rypenes, and deliuered out with such grauitie of [Page] deliberation, that nothing is thought in it necessary to bee alterid or retractid. Pope Symmachus. Caus. 9. q. 3. Aliorū. Wherefore it is manifest, & testified by the voyce of holy bishops, that the dignitie of this my seat is to be reuerenced thorow the whole world, in that all the faithfull submit themselfes to it, as to the head of the whole body: Ibidem. Wherof it is spoken to me by the Prophet, speaking of the arche: if this bee humiled, whether shall you runne for succour, & wher shal your glory become? Seyng then this is so, that so holy Bishops & scriptures do witnesse with me, what [Page] shall we saye then to suche as wil take vpon them to iudge of my doynges, to reprehend my procedinges, or to require homage and tribute of me, to whome all other be subiecte: Pope Grego [...]rius. 6. q. 3. Scriptu est. Againste the firste sorte the Scripture speaketh Deutero. thou ought not to putte thy sithe in an other mans corne. Whiche thinge to attempt against me what is it but plain sacrilege. Caus. 17. q. 4. Sacrileg. Glosa. Accordinge to my canonists, which thus define sacrilege to consiste in three thinges, eyther when a man iudgeth of his princes iudgement: or whan the holy daye is prophaned, or when reuerence [Page] is not giuen to Lawes and Canons. 2. q. 7. cap. Plarū (que) Glosema Gratiani. ¶. Item.Agaynste the second sort maketh the place of the boke of kinges, where we reade, ye arch of God was brought from Gabaa to Hierusalem, and in the waye the Arch inclinyng by reason of the vnruly oxen, Ozias the Leuite put to his hand to help, and therefore was stroken of the Lord. By this Arch is signified the Prelates, by the inclination therof, the fall of Prelates,Ibidem. whiche also be signified by the Angels, that Iacob did see goyng vp & comming doune the lader. Ibidem. Also by ye Prophet, wher he saith: [Page] He bowyd down the Heauēs and came down &c: By Ozias, and by the vnruly Oxen are mente our subiectes. Ibidem. Then like as Ozias was strucken for putting his hand to the Arch inclining, no more must subiectes rebuke there Prelates, goynge awry,

Ibidem. ¶.

His itae.

Albeit here may be answered again, that all be not Prelates whiche so be called, for it is not ye name that maketh a bishop, but his life. Pope Vrbanꝰ. 23. q. Tributū.Agaynst the thirde sort of suche as would brynge vs vnder the tribute and exactions of seculare men, maketh the newe Testament, where Peter was bid to giue ye grot [Page] in the Fishes mouthe but not the head, nor the body of the fishe: No more is the heade or body of the Churche subduid to Kings, but only that, whiche is in the mouthe, that is, the externe things of ye church And yet nor they nether:

Ibidem. ¶

Quamuis.

For so we reade in the booke of Genesis, that Pharao in time of darth subduyd all the land of thegiptians, but yet he ministred to the Priestes, so that he toke nether there possessions from them, nor there libertie. If then the prelates of the Churche muste be nether iudged, nor reprehendid, nor exacted, howe muche more [Page] ought I to be free from the same,Pope Benedictus. Extr. De aut. et. vs [...] pallij. c. Sāsta. which am the Bishop of bishops, & head of prelates For it is not to bee thought that the case betwixt me and other prelates, betwixte my sea,Pope Stephanus. Dist. 19. Enimuero. & other churches be like. Pope Pelagius. Dist. 21. Quamuis.Although the whole catholike and apostolike Churche make one brydechamber of christ: yet the cathol. & Apost. church of Rome, had the preeminence giuen ouer al other, by the mouth of the lord him self sayng to Peter: Thou art Peter. &c?Dist. 21. De [...] cretis. Thus a discretion and difference must be had in the church, as it was betwixt Aaron and his Children,Pope Anaclotus. Dist. 21. in non [...]. betwixt [Page] 72. disciples, & the 12. Apostels: betwixt thother apostels and Peter.Pope Bonifacius & Greg. Dist. 89. Ad [...]oc. Wherfore it is to be cōcludid, that their must be an order & difference of degrees in the Churche betwixt powers, superiour and inferiour, without which order, the vniuersite of ye whole can not consist.

Ibidem.For as amongst the Angelicall creatures aboue in heauen there is set a differēce and inequalitie of powers & orders, some be Angels, some Archangels, some Cherubin Seraphines:Dist. 89. cap. Singula. So in the Ecclesiasticall Hierarchie of the Church militant in the earth [Page] priestes must not be equall wt Bishops. Bishops must not be like in order with Archebishops with Patriarches or Primates.Ex Citatione Bull. Decr. 5. Ser. 3. Who cōteyne vnder them three Archbishops, as a Kynge conteineth three Dukes vnder him. In the whiche nūber of patriarches cometh in the state also of De officio Archipresby [...]. in Glosa. Cardinals or Principales, so called bicause as the dore turneth by his hinges, so the vniuersall churche ought to be ruled by them. [...] The nexte and hiest order aboue these is mine, whiche am Pope, differyng in power and maiorite, and honor reuerentiall from [Page] these and al other degrees of men.Ex 3. Parte. Sūmae maioris. b. Antonini. For the better declaration whereof, my Canonistes make 3. kindes or power in earth, Immediata, whyche is mine immediatly from God. Deriuata, which belongeth to to other inferiour prelates frō me. Pope Innocēt. 3. De sacra vnctione. Qui venisset. Ministralis, belongyng to Emperours and Princes to minister for me, for ye which cause the anointing of princes and my cōsecration doth differ: for they are anoynted only in the arme or shoulders, & in the head to signify the differēce of power betwixt princes and me.Pope Nicolaꝰ Dist. 22. cap. Oēs. This order therfore of Priestes, Bishoppes, [Page] Archbishops, Patriarches & other, as a thyng moste conuenient, my churche of Rome hath set, & institute through all churches folowing therin not onlye the example of the Angelicall army in Heauen, but also of the Apostels.Pope Clemēt. Dist. 80. cap. In illis. For amongst them also ther was not an vniforme equalite or institution of one degree, Pope Anacletꝰ. Dist. 22. c. Sacrosancta. But a diuersitie or distinctiō of autorite and power, albeit they were all Apostels together, yet it was graunted not withstanding to Peter, (thē selfes also agreyng to ye same) that he should beare dominiō and superioritie ouer all the [Page] other apostels.

Ibidem.

Quasi vero Petrꝰ nō a Petra, sed [...] ducatur.

And therfore had his name giuen him Cephas, that is, head or beginning of ye apostelhode.Dist. 21. cap. In nouo. wher vpon the order of Priesthod first in the newe Testament began in Peter, to whome it was said, Thou arte Peter, & vpon thee I will builde my church. Ibidem.And I will giue the keys of the kingdome of heauen. And thou beyng conuertid confirme thy brethern. Dist. 21. cap. Decretis. I haue prayed sor thee, that thy faith shal not fayle. Wherfore seyng such power is geuen to Peter, Pope Leo. Dist. 19. c. Ita Dominus. and to me in Peter, beyng his successor,Pope Nicolaꝰ In tātū. Dist. 22. who is he then in all the world, that [Page] ought not to be subiect to my decrees, which haue such power in heauē, in hell, in earth, with the quicke and also the dead,Pope Clemēs. in Bulla Viē nae, in scruiiis priuilegiorū. cōmanding and graū ting in my Bulle of leade sent to Vienna, vnto all suche as died in there peregrinatiō to Rome, that the payne of hell should not touche them: And also that all suche as toke the holy crosse vpon them should euery one at his requeste not only be deliuerid himself, but also deliuer three or iiij. soules whome so would, out of purgatory. Dist. 21. cap. Decretis.Agayn hauing such promise and asserance, that my faith shall not fayle, who [Page] then wil not beleaue my doctrine? For did not Christ him selfe firste pray for Peter that his faithe shoulde not fayle.

Pope Anacletꝰ. Dist. 22. c. Sacrosancta.

Scripture well aplied, and like a Clerke.

Also haue not I a sure promise of Paul his own mouth, writinge to my Churche by these wordes. God is my witnes whom I serue in my [...]pirit, in the gospel of his sonne, that without ceasing I make mention of you alwayes in my prayers? Rom. 1.

Pope Damasus. 25. q. 1. c. Omnia.

Item, Pope Gregor. Dist. 19. Nulli.

Wherefore as I condemne all suche worthely, whiche will not obey my decrees, to be disposessid of al their honour with out restitution: Pope Nicolaꝰ Dist. 22. cap. Oēs. So all they that beleue not my doctrine, [Page] or stand agaynst the priuilege of the church especially of the Church of Rome, I pronoūce them heretikes. Ibidem.And as the other before is to be called vniust, so this mā is to be called an heretike. Ibidem.For why he goeth against the faith, whiche goeth against hyr, who is the mother of faith.

Dist. 20. Decretales.But here may rise percase a doubt or scruple, that if my faith and knowlege stand so sure by the promise of Christ, and by the continuall prayer of s. Paul: whether is it trew, or is to be graunted, that any other shuld excel me in knowlege or interpretation of holy [Page] scripture. Ibidem.For looke whose knowlege is groūdid of most reason, his wordes shoulde seame to be of more autorite. Ibidem.Wherunto I aunswere, and graunt, that manye there be and haue ben more abundātly indued with fuller grace of the holy gost, and greater excellence of knowlege, And therfore that the tractationes of Augustine, Hierome & others ought to be preferrid before ye constitutiōs of diuerse popes: yet I saye in determinatiō of causes, bicause they haue not ye vertue & height of that autoritie, which is giuen to me, therfore in expoūding of scriptures [Page] they are to be preferred, but in dissising of matters they stād inferiour to my autoritie. By vertue of whiche autoritie, Dist. 19. Si Romanorū. bothe they themselfes be alowed for doctors, and there workes approued, and also all other matters be ruled, through the power of the keyes whiche be giuen to me immediatly of Christ. Although I denye not but the same keyes be also cōmitted to other Prelates, as they were to other Apostels, besides Peter:Gabriel Biel. li. 4. Dist. 19. yet it is one thing to haue the keyes, an other thing to haue the vse of the keyes. Petrus de Palude. Wherefore here is to [Page] be noted, a distinctiō of keys, after the mind of my Schole-doctors, one key which is called Clauis ordinis, hauing autoritie to bind & lose, but not ouer the persones whom they binde & lose, & this autoritie they take not immediatly of Christ, but mediatly by me ye vicare of Christ. The other keye is called Clauis iurisdictionis, which I ye vicare of Christ take immediatly of him, hauinge not onlye autoritie to bind & lose, but also Dominiō ouer thē on whom this keye is exercised. By ye Iurisdictiō of whiche key, the fulnesse of my power is so greate, that [Page] where as all other are subiectes, Dist. 96. cap. Si Imperator. yea and Emperours themselfes oughte to subdue there executions to me. Only I am a subiect to no creature, Gabriel. lib. 4. Dist. 19. no not to me self, except if I liste, In foro paenitentiae, to my Gostlyfather submitting me selfe as a sinner, but not as Pope, so that my Papall maiestie euer remayneth vnminished, Superior to all men, Pope Nicolaus. Dist. 19. cap. Si Romanorū in Glosa. whome all persones ought to obey, Item. 24. q. [...]. Hae [...] est. and folowe, Dist. 40. cap. Si Papa. no mā must iudge, nor accuse of any crime eyther of Murder, Adultery, Symone, or suche like. 2. q. 7. Nos si. in Glosa. No man depose [Page] but I me selfe. Extrau. De elect. Innotuit. No man can excōmunicate me, yea though I cōmunicate with the excō municate, for no Canon bindeth me. Whom no man must ley to. De penitētia. Dist. i. c. Serpēs in Glosa.For he that leyth to me is a churchrobber. Dist. 19. cap. Nulli. And who obeyth not me is an heretike, and an excōmunicate persō.August. de Ancho. For like as al Iewes were commandid to obey the hey priest of Leuiticall order, of what state or condition so euer they were: So are all Christen men more and lesse bounde to obeye me Christes Leauetenant in earth concerning the obedience of whom or disobedience we haue in [Page] Deuter. 17. Glosa Ordinaria. Where the commen glose saieth that he who denieth to the hey priest Obedientiam, leyth vnder the sentence of condēnation, as much as he that denieth God his Omnipotentiam. Thus then appeareth the greatnesse of my Priesthod, Antoninus.begon in Melchisedech, solemnized in Aaron. Continued in the Children of Aarō: perfectionated in Christ: Representid in Peter: Exalted in vniuersall iurisdictiō, And manifestid in Syluester. &c? So that throughe this Praeemiance of my pristhod, hauing all thinges subiect to me, Antoninus.it maye seame well verified in [Page] me, that was spokē of Christ.Summae Ma [...]ris. 3. part. [...]ist. 22. Psal. 8. Omnia subiecisti sub pedibus eius, oues, & boues, & vniuersa pecora campi. Volucres caeli & pisces Maris. &c. i. Thou haste subduyd all things vnder his feete, Sheape and Oxen, and all cattell of the fielde: The birdes of Heauen, and Fish of the sea &c. Ibidem.Where it is to be noted, that by oxen Iewes and Heretikes, by Cattell of the fielde, Paganes, be signified. For although as yet they be oute of the vse of my keyes of binding and losing, yet they be not out of the iurisdiction of my keyes, but yf they returne, I maye absolue [Page] them.Ibidem. By sheape and all catell, are ment al Christen men both great and lesse, whether thei be Emperours, Princes, Prelates or other. By byrdes of the ayer you maye vnderstande the Angels and potestates of Heauen, who be all subiecte to me, in that I am greater than the Angels, and that in foure thinges as is afore declared, & haue power to binde & lose in heauē,23. q. 5. cap. Omnium. and to giue heauē to them yt fight in my warres. Idē Antoninus mi [...]i.Lastly by the Fishes of the sea are signified the soules departid in peyne or in purgatory, as Gregory by his prayer deliuered the soule [Page] of Traianus out of hell, and I haue power to deliuer out of purgatory whome I please. Ibidem.Lastly by the Fisshes of the sea are signified suche as be in purgatory. In asmuche that they stande in neade and necessitie of other mens helpe, & yet be in their iorney Viatores, & de foro papae, i. passingers, & belong to the court of ye pope, therfore they may be relieued out of the storehouse of the church, by the participatiō of indulgēs.Antoninus. August. de Ancho. Thomas. Parte. 4. And for asmuch as some do obiect, yt my pardons cā not extende to thē that be departed, for that it was said to Peter: what so euer thou [Page] shalt lose vpō earth, & therfor seyng thei are not vpō earth, they can not be losed of me. Here I aunswere agayne by my Doctors, that this worde Super terram, i. vpon the earth may be referred two manner of wayes, first to him that is the loser, so that he whiche shal lose shal be vpon ye earth. And so I graūt that the pope beyng dead can loose no mā. Also it may be referrid to him that is losed, so that who so euer is loosed must be vpō the earth or about the earth. And so the soules in Purgatorye maye be losed whiche albeit they are not vpon the earth [Page] yet they are about the earth, at lest they be not in heauen. And bycause oft times one question may rise vpon an other,August. de Ancho. and heades of men now a dayes are curious, a manne hearyng nowe that I can deliuer out of Purgatory, will aske here a question,An papa possit totum purgatorium expoliare. whether I be able also to emptie all purgatory at once, or not? To whom my Canonist August. de Ancho. doth answer by a triple distinction, Quantum ad absolutā meam iurisdictionem, quantum ad ordinatam executionem, quantū ad diuinam acceptationem:

Ibidem.

Absoluta Iurisdictio.

Firste touchyng my absolute iurisdiction he saith I am able to [Page] ride out all purgatory together, for as many as be vnder my iurisdiction, as be all, except only infantes vnbaptised In limbo, And menne departed only cum baptismo flaminis. That is with ye Baptisme of spirit. And such as haue no frendes, to do for them that, wherfore pardones be giuen. These only exceptid, for all other besides, the pope, he sayeth, hath power to release all purgatory at once, as touching his absolute iurisdictiō. Albeit Thomas Aquine part .4. denieth the same, for asmuche as Christ him selfe, he sayth, when he came downe did not [Page] vtterly at once release al purgatory.Doctors disagre in purgatory. As touching my ordinary execution this they hold that I maye if I will,

August. De Ancho. Antoninus.

Or [...]nata ex [...] Diuina acceptatio.

but I ought not to do it. Thirdly as concernyng the diuine acceptation, that is, how God wold accept it if I did it, that they say, is vnknown to thē, and to euery creature, yea & to the pope himself.

Antoninus in Summulis.

Augustinus de Ancho. in Decret.

Astesanus Minorita.

And 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,

Baptista de Salis. in sua

Batistiniana.

Bonauetura.

you shall heare the whole queare of my diuine Clergy broughte out with a full voice testifiyng in my behalf, [Page] in theyr bokes, tractations, Distinctions, Titles, Gloses, and Sūmares,

Campēsis. lib.

Cōtrouersiarū

Coclaeus.

as by theyr owne wordes here foloweth. The Pope, say they, beyng ye vicare of Iesu Christ thorow out the whole world,

Durandus, in Speculo.

Dreido, de eccles. Scripturis & Dogmat.

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

Edoardus Po [...]uellus, Anglꝰ cōtra Lutherū

Ecchius i [...]

Enchirid.

that 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 [Page] wisemē,

Franciscus.

Fulgo.

who offered not only Incense, but also God, to signify not only the spirituall Dominion,

Gabriel Biel. ex Spica.

Gaspar.

Gratianus in Decr [...]tis.

Gerson doctor Illuminatissimꝰ. De ecclesiastica potestate.

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,

Hugo Cardinalis in postilla.

Hostiensis.

Holkot.

Hosius.

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 [Page] thinges in the world,

Ioannes Andreae.

Innocentius.

Ioā. de Turr [...] Cremata de ecclesia S [...] ̄ma.

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,

Lanfrancu [...] cōtra Wiclef.

Li [...]ius Historicus. Anglus.

Lapus.

Laurentius.

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:Magister Sen [...]tētiarū. Popes & prelates be Gods of Montance, that is, of spirituall thinges only, but they be not Godes [Page] of valles, that is, they haue no dominion ouer temporall thinges,Nicolaus. 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.

Okam in Dialogo, parte. 1. lib. 5.

Oytanus.

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,

Petrus de Palude.

Petrus de Tharam.

Petrus de Aliaco.

Panormitanꝰ.

therfore I will giue all this multitude into your hande, and ye shall knowe that I am the Lorde. What can be more effectually spoken to set forthe the maiestie of my iurisdiction whiche [Page] I receaued immediatly of the Lord, of the Lord I saye, and of no mā.Alexander de A [...]es. For where as Constantine themperour gaue to Siluester, induyng him with this possession and patrimonie,

Raymūdus in Sūma de Ca [...]sibus.

Richardus.

Rabanus super Math. cap. 16.

Rupertus Tu [...]itiensis.

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. [Page] For I owe to Emperours no dewe obediance that they cā cleame,Scotus Doctor Subtilis. 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.Thomas Aquin. 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.

Vlricus.

Waldemꝰ cō fessionate, & De Sacramē tis.

Hauinge all lawes within the chiest of my breste, as is aforesayd. And what so euer this [Page] 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, Ioan. Dreido. De Dogmatibus va [...]iis, lib. 4. yt 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 [Page] 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, [Page] and sainct Peter helpyng the bishoprike & diocese of Rome shal neuer defayle from faith. 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. Hugo. in Glosa. Dist. 40. c. Non Nos. yea & though he fall into Homicide or adultery, he may sinne, but yet he can not be accused, but rather [Page] excused by the Murders of Sampson, the theftes of the Haebrues, the adultery of Iacob. Glos. in Caus. 11. q. 3. cap. Ab sit. And 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 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 [Page] 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,Glosa. in c. 11. q. 3. Si inimicus. 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, Hostiensis in cap. Quāto. D [...] trāsl. praeb. so that God him selfe & I the vicare [Page] of God haue both one Consistorie, Ex summa casuum fratris Baptistae.and am able to do almoste all that God can doe, Claue non errāte.

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.

Itē 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,De cōcessione praeb. ca. Proposuit. and of wrōg to make Iustice, in correcting Lawes, & chaūgyng thē. You haue herd hytherto sufficiētly [Page] out of my Doctors, nowe you shal heare greater things oute of mine owne decrees. Pope Nicol [...] us [...] Dist. 96. c. Satis. Reade there Dist. 96. c. Satis. 11. q. 1. Sacerdotibus. also, Caus 11. q. 1. ca Sacerdotibus. 12. q. 1. c. Futuram.Also, 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. Decretal. De Transl. episc [...] cap. Quanto.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 [Page] 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,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. 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. For where Christ biddeth Peter put vp his sworde, monishyng his disciples not to vse any outward force in reuēging themselues, [Page] Pope Nicolaꝰ Caus. 15. q. 6. c. Autoritatē. do 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:The Prophets minde well expoū did. Dissolue colligationes impietatis &c? Item where Christ was present himself at yt mariage in Cana Galileae, Pope Martinus. Dist. 34. cap. Lector. do 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 [Page] Pope Gregorius Iunior. 32. q. 7. cap. Quod proposuisti. Do not I Pope Gregorius Iunior, wrytynge ad Bonifacium, permitte the same to be broken for impotēcie or infirmite of bodye? Pope Innocē tius. 4. Sext. Decretal. De sentētia excō. cap. Dilecto.Item against the expresse caution of the Gospel doth not Innocētius 4. permitte vim vi repellere? Pope Alexander. 3. De Decimis. cap. Ex parte. Likewise against the olde testament I do dispense in not gyuing tithes.Pope Nicolaus. 15. q. 6. Autoritatem. Itē against the newe Testament in swearing, & that in these sixe causes:

De elect. & elect. Potestate. Significasti in Glosa.

Pax, & fama, fides, reuerentia cautio Damni

Defectus veri, poscunt sibi magna caueri.

Wherin two kindes of othes [Page] is to be noted whereof some be promissoria, some be assertoria. &c? Baptista de Salis. in Sū ma casuum ex PauormitanoItem 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. Pope Innocē tius. 4. De elect. Venerabilem.Item in periury if I absolue my absolutiō stādith.

Ext. De Iure iurando. cap. Venientes.

Itē. De Elect. Significasti [...] in Glosa.

Where also note that in al swearing, alwayes the autoritie of the superiour is excepted. Pope Martin [...] 5. Extra. cap [...] Regimini Vniuersalis eccl [...]siae.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 [Page] that decremēt. Pope Vrbanꝰ 2. Caus. 23. q. 5. c. Excōmunicatorum. What shoulde I speake of Murder makynge it no Murder nor homicide, to s [...]aye them that be excōmunicate. Pope Nicolaꝰ Caus. 15. q. 6. Autoritatē. Likewise againste the lawe of nature, Ibidem.Item agaynste the Apostle, Distinct. 82. c. Presbyter.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. Pope Pelagiꝰ. Dist. 34. cap. Fraternitatis. Considering the mindes & bodies also of men now to be weaker than thei were then. Baptista de Salis. fol. 184. Briefly against the vniuersall state of ye Church I haue [Page] dispensation, sc [...] quando status ecclesiae non decoloratur. Ibidem. And 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 [Page] 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.

SI sit catholicus papam non iudicat vllus.

Erigit, & subdit cathedras, Diuidit, vnit

Mutat vota crucis,Note: [...]i. votū terrae sanctae. Restituit, Eximit.Note: .i. degradatos .i. ep̄os et alios. Ad se

Maiores, causae referuntur. Legitimatqúe.

[Page]Promouet,Note: .i. insufficiētes. Appellare vetat, Prohibet profiteriNote: .i. intrātes religionē.

Deponit, transfert, suppletque,Note: .i. defectū regi vacante regno. Renunciat illi

Praesul, & exēptus. Simon, Iurans, Anathema,Note: Symonia, Iuramētū, Excōmunicatio

Vel proprium,Note: a papa facta vel legati, vel lex vtriusq [...] Note: tā papae q legati

Tū neque participans, Etfi quē sponte salutat,Note: i. soluitur papa

Quē Canon damnat, Sibi soli quando reseruat,

Soluitur a papa: nec non quē regula damnat.Note: qui irregularitatē incurrit.

Addas suspensū, Causam,Note: sc [...]. addas. cum fertur ad ipsum.

Rescriptum,Note: i. addas fidei dubium. Confert bona pluraNote: i. pluralitatē beneficiorū.

Irritat infectū. Legem cōdit generalem.

Approbat imperiū,Note: i. imperatorem. firmat, Deponit, & vngit.

Consilium generale facit. Sacrat quoq [...] Sāctos.Note: canonizat.

Eus non esse facit.Note: de aliquo facit nihil. Non eus fore.Note: de nihilo aliquid. Pallia semperNote: i. palliū.

[Page]Portat.Note: i. palliū. Concedit, Legi non subiacet vlli.

Appellatur ad hūc medio sine,Note: i. immediatà Iudiciūq [...]

Est pro lege suū. Monachū reuocat renuentem,Note: de monacho nō monachū facit.

Maius adulterio soluit generaliter.Note: i. incestū &c. Arctat

Et laxat quicquid sponsis nocet.Note: i. impedimen̄tum matrimonia Ordinat extra

Tempora dādo sacrū.Note: i. extra 4. tēpora. Promotū promouet idē.

Ordinat atque die qua consecratur & ipse

Viuētisq [...] locū cōcedit,Note: i. sacerdotiū confert nondū vacans. Iureq [...] priuat.

Insignit.Note: insignia episcopalia cōcedit .i. a decimis eximit .i. praesbyter [...] concedit infantes vngere Laieo sacra donat. Chrisma ministro.

Sūma sede sedet, plenusq [...] vicarius extat.

Si sit catholicus papam non iudicat vllus.

[Page]

Cases Papale, to the nū ber of one and fiftie, wherin the Pope hath power only to dispense and none els besides. Except by a speciall licence from hym.

FIrst Determination of doubtes and questions belonging to fayth.24. q. 1. Quoties.

Translatiō of a Bishop,Extr. De trā slat. c. Inter. elect, or cōfirmed: likewise of abbotes exempted.

Deposition of Bisshops.3. q. 6. Quam [...]is.

The taking of resignation of Bishops.9. q. 3. Deniq.

Exemption of Bisshops,16. q. 1. Frater. not to be vnder Archbishops.

Restitution of suche as be deposid2. q. 6. Ideo. [Page] from there order.

Extr. De restitutione cap. Cū venissent.The iudicial definition, or interpretatiō of his owne priuileges.

7. q. 1. Tēporis.Chaunging of Bishoprickes, or dimission of Couents &c.

16. q. 1. Felix.New erectiō of bishopsseats, or institutiō of new religiōs.

16. q. 1. Et Christus.Subiection or diuision of one bisshoprike vnder an other.

Extr. De voto. Ex multa.Dispensation for vowiug to go to the holy land.

Extr. De s [...]atu monachi. c. Cum ad.Dispensation for the vowe of chastitie, or of religion, or of holy orders.

Extr. De iuramēto. cap. Venientes.Dispensation against a lawful othe, or vowe made.

Extr. De Iudicio. c. At si clerici.Dispensation agaynst diuerse erregularities, as in crimes [Page] greatter than adultery, & in suche as be suspendid for simonie.

Dispensatiō in receuing into orders him yt had ij. wiues.Extr. De bigamia. c. Nuper.

Dispensing wt such as beyng within orders,Extr. De clerico non ord. ministrāte. do yt whiche is aboue there order, as if a Deacon should saye Masse, beyng not yet Priest.

To receaue into orders suche as be blemished or maymed in body.Extr. De corpore vitiatis. & Dist. 55.

Dispensatiō with murder,Dist. 50. Miror. or with such, as willing cut of any mēber of a mans body.

Dispensing to giue orders toExtr. De se [...] tentia & excō. ca. Cū illorū. such as haue ben vnder the sentence of the greater curse [Page] or excommunication.

Ibidem.Dispensatiō with such as beyng suspēdid with the greater curse, do minister in any holy order.

Extr. De filijs praesbyt. c. Is qui.Dispēsation wt such as beyng vnlawfullye borne, to receiue orders, or benefices.

Ext. De praebend. c. De [...]ulta.Dispensatiō for pluralites of benefices.

Extra. De elect. cap. Cū nobis.Dispensation to make a man Bishop before he be thirty yeare olde.

Extr. De aetate & qualit. Generalē.Dispensation to gyue orders vnder age.

Dist. 15. Per totū.The Pope only hath power to make and call a generall councell.

9. q. 3. c. Per principale.The Pope onlye hath power [Page] to depriue an ecclesiasticall person, & giue away his benefice beyng not vacant.

The pope alone is able to absolue him that is excommunicate,De elect. cap. Venerabilē. by name.

The pope only is able to absolue him whom his legate doth excommunicate.Extr. De officio legati. c. Quaerēti.

The Pope both iudgeth in ye causes of them that appele vnto him,9. q. 3. Aliorum. And were he iudgeth none may appele from him.

Onlye he hath autoritie to make Deacō,Extr. De Tē pli ordine. c. Cū in Distrib. & prist, whom he made subdeacon, either vpon sondayes, or vpon other feastes.

[Page] Extr. De vsu pallij. cap. Ad [...]onorem.Only the pope, and none els, at all times, and in all places weareth the palle.

Extr. De elect. c. Dudū.The Pope only dispensith wt a manne, eyther beyng not within orders, or beyng vnworthy, to be made bishop.

Extr. De elect. c. Venerabilem.He only either confirmeth, or deposith themperour whan he is chosen.

Tractatu. De censuris.A man beyng excōmunicate, and his absolution referrid to the Pope, none maye absolue that mā but the Pope alone.

Extr. De elect. c. Inno [...]uit.The same hath autoritie in anye election, before it bee made, to pronounce it none, whan it is made.

[Page]He doth canonise sanctes,Extr. De religione et veneratione Sāct. cap. 1. and none els but he.

Dispensation to haue manye dignities or personages in one Churche and without charge and cure of soule,Extr. De praebēd. cap. De multa. belongeth onlye to the Pope.

To make that effectual whiche is of no effecte,Extr. Qui [...]i. sint leg. cap. Tanta. and contrarywise, belongeth only to the Pope.

To plucke a Monke oute of his cloister both against his owne will & the Abbates,9. q. 3. cap. Vltimo. perteyneth only to ye Pope.

His sentence maketh a lawe.Extr. De Sē tēt. et re Iudic. c. In causis.

The same daye in which the pope is consecrate,Extr. De elect. cap. Quod sicut. he maye giue orders.

[Page] Extr. De restit. spo. Literas.He dispenseth in degrees of consanguite and affinite.

Ext. De praescript. c. Vlt. & De Iudicio c. Nouit.He is able to abolishe lawes, quoad vtrū (que) forū, that is both ciuile & canon, where daunger is of the soule.

Thomas.It is in his dispēsatiō to giue generall indulgences to certaine places, or persons.

Extr. Qui fi. sint legit. c. Per venerabilem.Itē to legitimate what persones so euer he please, as touchyng spiritualties? in al places, as touchyng temporalties, as honors, inheritaunce, &c.

Petrus de Palude. lib. 4.To erecte newe religions, to approue, or reproue rules, ordināces, and Ceremonies in the Church.

[Page]He is able to dispense with al the preceptes and statutes of the Church.Secundū Thomā in 4.

Item to dispense and to discharge any subiect from the bonde of allegance or othe made to any maner person.9. q. 3. Per principalem.

No man maye accuse him of anye crime,Dist. 40. Si Papa. vnlesse only of heresy, and that nether, except he be incorrigible.

The same also is fre from all lawes,Ibidem. so yt he cā not incurre into any sentence of excommunication, suspension, irregularitie, or into the penaltie of any crime, but into ye note of crime he may wel.

Finally he by his dispensationDistinct. 32 [...] c. Praeter hoc. ¶. Verū. [Page] maye graunt, yea to a simple priest, to minister the Sacrament of cōfirmation to infantes, also to gyue lower orders, & to hallowe Churches, and virgins &c.

These be the cases wherin I only haue power to dispēse, and no man els, nether bisshop, nor Metropolitane, nor legate, without a speciall licence from me.

After that I haue now sufficiently declared my power in earth, in heauen, & in purgatory, how great it is, & what is the fulnes thereof, in binding, losing, cōmaūding, permitting, electing, confirming, [Page] deposing, dispensing, doyng, and vndoyng &c.The riches and possessions of the Pope. I will entreate now a litle of my riches likewise and great possessiōs, that euery man may se by my wealth and aboundance of al thinges, rentes, tythes, tributes, my silkes, my purple, Miters, Crownes, Golde, siluer, Perles & Gēmes, Lands, & Lordships, howe God here prospereth & magnifieth his vicare in the earth. For to me pertaineth firste the imperiall citie of Rome, the Palace of Lateren, ye kingdom of Sicile is proper to me, Apulia, Capua be mine. Also ye kingdome of England and Ireland be [Page] they not or ought to be tributaries to me?Dist. 96. Cō stan [...]inus. To these I adioyne also, besides other prouinces and countries bothe in the occident and orient, from the Northe to the Southe, these dominiōs by name, Ex Cōmentarijs Theodorici Niemi. quem citat Illyricus in catalogo testiū. fol. 228.as Surrianum, Montembordon, & lunae insulā, Cor [...]icae regnū, Paruam Mantuā, Montenselete, Insulam venetiarū, Ducatum ferrariae, Canellum, Caniodā, Ducatum Histriae, Dalmatiam, Exarchatū Rauēnae, Fauētiam, Cesenam, Castrū Tiberia [...]us, Roccā Mediolanū, Castrū ceperianum, Castrum Cu [...]ianū, Terr [...] ̄ Cornulariā, Ducatū Arimini, Contā, Montē ferretum, Montem Capiniae, seu Olympicum, Castrū exforij, Robin, Eugubin, V [...]bin, forū Sempronij, Galli, & Senogalli, Anconā, Gosam, Ducatū perusij, Vrbenetā, & Tudertū, Castrū Cinianū, Ducatū Spoletanū, Theanū, Calabriā, Ducatū Neapolim, Ducatū Beneuēti, Salernū, Sorrēti insulā, Cardiniā insulā, Anciae insulā, Territorium Cutisan, Territorium praene [...]inum, Terrā Silandis, Terra [...][Page]Clusiū, Terrā fundan, Terrā vegetan, Terr [...] ̄ Claudianā, Terrā camisinā, Terram Fabinē sem, Terrā Siram, Terrā portuēsem, cū insul [...] Archis. Terrā Ostiensem cū maritimis, Ciuitatem Aquinēsem, Ciuitatem lamentum, & Sufforariam, Ciuitatem Falisenā, Fidenam, Feretrum, Cliternā, Neapolim, Galiopolim, with diuerse mo Dist. 96. Co [...] stant.which Cō stantinus the emperour gaue vnto me, not that they were not mine before he did giue thē. Antoni [...]us in Sūma Maiore. 3. Parte. For in that I toke thē of him I toke them not as a gifte, as is afore mentioned, but as a restitution. And that I renderyd them agayne to Otho, I did it not for anye dutye to him, but onlye for peace sake. What shoulde I speake here of my dayly reuenues of my first fruites Annates, [Page] palles, indulgēces, bulles, confessionales, indultes & rescriptes, testaments, dispensations, priuilegis, elections, prebendes, religious houses and such like whiche come to no small masse of money. In so muche that for one palle to the Archebishoppe of Mentz, whiche was wont to be giuē for ten thousande Ex libr [...] Grana [...]mū nationis Germanicae.F [...]orence, nowe it is groune to xxvij. thousand florence, whiche I receiued of Iacobus the archbishop not long before Basell councell. Besides the fruites of other bishoprickes in Germany,Aboue fiftie bishoprikes in Germany comming to the number of fiftie, whereby what [Page] vātage cōmith to my coffers,AEneas Syluius. it maye partly be coniectured. But what should I speake of Germany,

Sext. Decret. De penis. cap. Felicis in Glosa.

Itē, De priuilegijs. c. Autoritatē ī Glosa.

whā the whole worlde is my diocese, as my Canonistes do say, and all mē are boūde to beleue, Pope Bonifacius. 8. Extr. De Maio. & obed. c. Vnam sanctam. excepte they will imagine (as the maniches do) ij. begīnings which is false & hereticall. For Moses saith: In ye beginning god made Heauē and Earth, & not in ye beginnings. [...] Wherefore as I begon, so I cōclude commaūding, declarīg, & pronoū cing, to stād vpon necessitie of saluation, for euery humane creature to be subiect to me.

Ibidem. Datum laterani. 14. Decēb. An. pont. nostri 8.

Information about this book

Title statement

A 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

Edition statement

1560

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2003-01 (EEBO-TCP Phase 1).

ID [DLPS]

A09849

ID [STC]

STC 20114

ID [STC]

ESTC S114968

ID [EEBO-CITATION]

99850189

ID [PROQUEST]

99850189

ID [VID]

15376

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A09849)

Transcribed from: (Early English Books Online ; image set 15376)

Images scanned from microfilm: (Early English books, 1475-1640 ; 1580:8)

Source

— A 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, Foxe, John, 1516-1587, attributed name., Catholic Church. Pope..

Extent

[104] p.

By Iohn Daye, dwelling ouer Aldersgate. Cum gratia & priuilegio Regiæ Maiestatis,. Imprinted at London :: [26 Sept. 1560?]. (Compilership attributed to John Foxe in an MS. note in the University of Durham copy.) (The Eton copy is dated 26 Sept. 1560 in MS.) (Signatures: A-F G⁴.) (Reproduction of the original in the University of Illinois (Urbana-Champaign Campus). Library.)

Creation

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.