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Cross-examined by Mr. Equivocator.

Q. You say that the prisoner at the bar was elected by the Cardinals who adored him? A. I do say that he was so elected; and that they did adore him.

Q. Did you not say before, that he usurped the title, and engaged Phocas the Emperor to establish him in his government?

A. I did, and I assert the same now. The prisoner first obtained his supremacy in the way before stated to the court; but afterwards procured himself to be elected and crowned by those who were deeply interested in the establishment of his authority. He was therefore often elected by different means. And as often as he changed his name some ceremony took place.

Q. Then you say, that the ceremony or mode of his election, which you have stated, has existed among a variety of others, but you cannot say when this form was in practice? You have heard some report about it, and you have no objection on your oath to assert it!

A. I can not only declare on my oath, that this mode of election has been adopted, but I have the prisoner's own hand-writing to prove it. In the year of our Lord 1179, he assembled a Council at Rome, called The third Council of the Lateran. He then, by the name of Pope Alexander III. decreed, "That in or"der to put an end to the confusion and dis"sentions which so often accompanied the

"election of the Roman Pontiff, the right of "election should not only be vested in the Car"dinals alone; but also, that the person in "whose favor two thirds of the College of Car "dinals voted, shall be considered as the law"ful, and duly elected Pontiff." This decree alone is sufficient to prove, that before the year 1179, other forms of election did exist, and that they were frequently accompanied with confusion and disorder. And I believe that the prisoner himself will not contradict what say, when I assert that this law was made by him, and is yet in force.

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The decree being shown to the prisoner, he acknowledged that it looked like one which he had framed at Rome.

Here the Clerk of the Court read the following paper, written and published by the prisoner, by the name of Pope Innocent III.*

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"We may according to the fulness of our power, dispose of the law, and dispense "above the law. (From an Epistle.) Those "whom the Bishop of Rome doth separate, it "is not a man that separateth them but GOD! "For the Pope holdeth place on earth, not "simply of a man, but of TRUE GOD! That "HE hath celestial governments, and therefore 66 may change the nature of things, applying "the substance of the one to the other, of no"thing can create something, and a decree that "is void, he can make it in force; for in mat

* 1 Book of Gregory, 9 Decret. C. 3.

"ters that he will have come to pass, his will "is his reason: and no man questioneth him, "Wherefore do you that? For he can dispense "above the law, and of injustice, can make "justice."

Cardinal Bellarmine, Sworn.

Q. Are you the Bellarmine that wrote what is called the Fifteen Marks of the True Church, to prove the Church of Rome the only true Church, &c.?

A. I am.

Q. Do you know the prisoner at the bar? A. Yes, I am intimately acquainted with him. Q. Are you not a Roman Catholic by profession?

A. I am.

Q. Did you not write and publish several books to vindicate his authority?

A. I did.

Q. Did you publish in your 4th book de Pontiff, as follows: "In good sense and judg"ment, Christ hath given to Peter, (and con"sequently to the Pope) the power of making "that to be sin, which is no sin, and that which "is no sin to be sin?"

A. Let me see the copy.

It was shewn to him.

Q. Do you acknowledge it to be your own writing and publishing?

A. I do acknowledge it.

Q. Did you publish this book, with others, by the prisoner's authority?

A. I did. I acted by his commission, and was supported by his government.

A number of Emperors, Kings and Princes were now called as witnesses, who were either excommunicated, deposed, dethroned, or assassinated by the prisoner. Some appeared also who were otherwise treated. And perhaps a greater number of crowned heads never appeared in any Court before.

Philipicus Bardanes, Emperor of the Greeks, Sworn.

Q. Do you know the prisoner at the bar. A. I do. He lived at Rome when I knew him.

Q Did he ever presume to usurp any authority, as the Vicar of Christ?

A. He did; within a little better than a century, after he first obtained the title of Universal Bishop, he excommunicated and condemned me.

Q. Will you relate to the court, the pretext assigned by the prisoner for his conduct to you?

A. I ordered a picture, which represented the VI. General Council to be pulled down from its place, in the Church called St. Sophia in Constantinople. And as I perceived the people fast verging to the worship of images, I sent to Rome a mandate, to remove all images of that nature from places of worship. The prisoner, who then went by the name of

Constantine the Universal Bishop, immediately opposed my decree, ordered six pictures of Councils to be placed up in the porch of St. Peter's, assembled a Council at Rome, and condemned me as an Apostate. Tumults and insurrections followed as the consequence, which the year following deprived me of the Imperial Throne.

Q. Was the prisoner at the time he condemned you, established as a temporal Prince at Rome?

A. No, he was not. But from the time he obtained his supremacy, he always appeared to be aspiring after it. He was subject to me as his Emperor.

Emperor Leo, the Isaurian, Sworn.

Q. Did you not profess to be a great enemy to the worship of images.

A. I did. What the Emperor Bardanes begun I resolutely carried on.

Q. Did the prisoner at the bar ever presume to counteract your edicts, and exercise authority over you, as the Vicar of Christ?

A. He did. I issued out an edict in the year 726, to forbid the worshipping of images, and also to remove them all, except that of Christ's Crucifixion, from all places of worship. The prisoner then opposed me in the most outrageous manner. He passed a sentence of Excommunication against me and declared me unworthy of the Christian name. No sooner

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