distaste to Pope Martin and 't is like to his Successour Eugenius who sat but one year But Pope Vitalian who succeeded would not so put it up but summons Maurus to appear and answer his contempt at Rome but he slighted the Summons for which the Pope Excommunicated him and he in requital did the like to the Pope nay upon his Death-bed oblig'd his Clergy never to submit themselves to the Bishop of Rome Reparatus his Successour trod in the same steps and procur'd the Emperours Rescript to free that Church from any subjection to the Roman See Ann. DCCVIII Felix of Ravenna was content to receive his Ordination at the hands of the Pope but when he came thither an Oath of Allegiance and Fidelity was required of him to the See of Rome This he utterly denied a confession of his Faith he offered but homage he would not pay nor engage to send money to Rome Nor more he did but home he goes where his people gave him little thanks for what he had done and both agreed to defend their liberty but it cost the old man dear and them too for that attempt For Justinian Rhinotmetes the Emperour who favoured the Pope being made acquainted with what was done at Ravenna a Fleet is sent under the command of Theodorus Patricius the City besieg'd and taken several of prime quality lost their lives and fortunes and the poor Arch-bishop had his eyes put out and was banisht into Pontus where he remain'd 'till the severity of Discipline had taught him better manners The same courage in asserting the priviledges of their Church against the Papal encroachments was afterwards shewn by John and Guibert Successors in that See as were it necessary might be particularly related But the case is too evident to be denied and the argument thence too strong to be evaded how little those times understood of any Patriarchal Jurisdiction which the Pope had over all Italy much less over the whole West V. IF we look into France we shall find them careful to secure the Rights of Metropolitans and the priviledges of Provincial Bishops without being oblig'd to fetch them from Rome The second Council of Arles Ann. CCCCLII decree that no Bishop shall be Ordain'd without his own Metropolitan and three of the Provincial Bishops the rest testifying their consent by Letter The second of Orleans holden Ann. DXXXIII renew the ancient form and manner of Ordaining Metropolitans that it shall be done by the Bishops of the Province which shews how little they depended upon any foreign power in this matter But it 's needless to insist upon this point which the Learned De Marca has so fully cleared and vindicated as a fundamental part of the liberties of the Gallican Church and has deduc't it through the several Ages and Dynasties of their Kings I shall only remark that when Hincmar Arch-bishop of Remes had depos'd Rothald Bishop of Suessons for great misdemeanours Rothald appeal'd to Rome and Pope Nicolaus espous'd his cause wrote sharply to Hincmar and cited him to appear and answer what he had done at Rome But Hincmar would not stir but publisht a large Apologetick to the Pope wherein he justifies his Act and though he gives good words and great deference to the See Apostolick yet stoutly contends that he ought to be content with a general care and inspection and not interrupt the ordinary Rights of Metropolitans and that 't was infinitely reasonable that the criminal should be referr'd to the judgment of his own Province Two years before this viz. Ann. DCCCLXIII a French Synod met at Metz about the Marriage of King Lotharius wherein they determin'd contrary to the liking of the Papal Legates However they sent Letters with the reasons of their proceedings by Guntharius Arch-bishop of Colen and Theatgaud of Triers to Pope Nicolaus The Pope upon their arrival call'd a Synod wherein he Excommunicated the Synod of Metz and depos'd the two Arch-bishops that were sent with the Letters and publisht a manifesto of what he had done To this the Bishops return'd an answer wherein having represented the personal affronts and ill usage they had met with from him they tell him Chap. IV. that as for his froward unjust and unreasonable sentence contrary to all Canons they did not own it yea as being illegal and unwarrantable they together with the rest of their Brethren slighted and despised it and utterly renounc'd Communion with him contenting themselves with the Communion and fellowship of the whole Church over which he had so proudly exalted himself and from which through his pride and contempt he had separated himself And whereas he had styl'd them his Clerks they bid him take notice they were none of his Clerks but persons whom if his pride would have suffer'd him he ought to have own'd and treated as his Brethren and fellow Bishops with much more there spoken with a just but smart resentment And now can any man believe the Pope should have met with such treatment upon all occasions and that from the wisest gravest most learned and eminent persons in their several Ages had his title to the Jurisdiction of the West been so clear and unquestionable as some men seem to represent it The same might be shew'd in other Countries and he must be a great stranger to Church-History that can be at a loss for instances of this nature I shall therefore instance only in two more and with them dispatch this argument the African and the Britanick Churches VI. I chuse to instance in the Churches of Africk because so confidently challeng'd by them of Rome at every turn and because they were under the civil Jurisdiction of the Praetorian Praefect of Italy And here omitting infinite arguments that offer themselves I shall insist only upon the famous case of Appeals commenc'd under Pope Zosimus Ann. CCCCXVIII and not ended 'till some years after which will furnish us with a plain and uncontroulable evidence how little authority more than what was honourary the See of Rome in those days had over those Churches The case as briefly as it can well be summ'd up stands thus Apiarius a Presbyter of Sicca in Africk had been depos'd by his Diocesan Urbanus for very notorious and scandalous offences and the sentence ratified by a Provincial Council Hopeless of any relief at home over he flies to Rome tells his tale to Pope Zosimus who restores him to Communion espouses his cause and sends him back with Faustinus an Italian Bishop and two Roman Presbyters into Africk to see him resettled in his former place When they arriv'd in Africk they found a Council of African Bishops to the number of CCXVII sitting at Carthage to whom they delivered their message partly by word of mouth partly by writing But the writing being demanded a memorial was produc't containing instructions from Pope Zosimus what they should insist upon it consisted of four Heads First concerning the
Appeals of Bishops to the See of Rome Secondly against the busie resorting of Bishops to Court Thirdly concerning the handling the causes of Presbyters and Deacons by the neighbouring Bishops where they were unjustly Excommunicated by their own Fourthly concerning the Excommunicating Bishop Urban who had depos'd Apiarius or at least his appearing at Rome unless he corrected what he had done amiss But the main thing insisted on was that of Appeals and the Popes sending Legates thither to hear causes and this too challeng'd by Zosimus in his memorial by vertue of a Canon of the Council of Nice giving leave to Bishops accus'd or condemn'd to appeal to Rome and power to the Pope to hear and determine those Appeals either immediately by himself or by Commishoners which he should send to that purpose The African Fathers were infinitely surpriz'd to hear such a power claim'd and more to hear it claim'd as due by a Canon of Nice They had search'd into the Canons of that Council which they found to be but twenty and not one of that number to this purpose While these things were debating Zosimus dies and Boniface succeeds and the case is again canvast and the result of the consultation was that for the present things should rest upon that bottom whereon the Popes memorial had plac't them 'till they could send to the three great Churches of Constantinople Antioch and Alexandria for authentick Copies of the Nicene Canons to adjust and decide this matter They wrote likewise to Pope Boniface by his Legates who then return'd acquainting him with the state of the case and what was done in it and withal tell him that if it were as those pretended Canons claim'd the issue would be intolerable to them But they hop'd it would be found otherwise no such thing appearing in their Copies of that Council However they had sent to the Eastern Churches for such as were most authentick and intreated him also to do the like VII SOME years pass'd in this matter at length the Messengers that had been sent into the East return'd and brought Letters from Cyril of Alexandria and Atticus of Constantinople importing that they had sent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most true and exact Copies of the authentick Synod of Nice preserv'd in the Archives of their Churches Copies of which they had also sent to Pope Boniface Hereupon a full Council of African Bishops is conven'd to which Pope Caelestine for Boniface was lately dead dispatcht Faustinus as his Legate And now the case of Apiarius is again brought under examination and found worse than it was before the farther they rak'd into it the more foul and offensive did it appear to them 'till the conviction of his conscience though sore against his Will forc'd him to confess all and save them the trouble of any farther Scrutiny And now this cause being over and the pretence of Appeals overthrown by the authentick Copies of the Canons of Nice nothing remain'd but to write to Caelestine which they did in a quick and smart strain Wherein they first give him an account of the case of Apiarius and how troublesome and injurious his Legate Faustinus had been to the whole Synod in asserting the priviledges of the Church of Rome and by vertue thereof challenging that Apiarius should be readmitted to communion because his Holiness believing his Appeal which yet could not be made good had restor'd him to communion a thing which he ought in no wise to have done Next they proceed earnestly to beseech him that henceforth he would not so easily give ear to those that came from hence nor admit any to communion whom they had excommunicated which he might easily perceive was prohibited by the Council of Nice which if it has taken so much care about the Inferiour Clergy how much more did it intend it in the case of Bishops that where any are suspended from communion within their own Province his Holiness should not rashly and unduly readmit them that he should as became him reject the unwarrantable repairing of Presbyters and others of the Inferiour Clergy there being no Canon of any Council that has depriv'd the African Church of this Right and that the Decrees of Nice have most plainly committed both the Inferiour Clergy and the Bishops themselves to their own Metropolitans having most wisely and justly provided that all affairs shall be determin'd in the very places where they arise and that the Grace of the Holy Spirit will not be wanting to every Province whereby equity may be prudently discern'd and constantly maintain'd by the Ministers of Christ especially since every man has liberty if he be offended with the determination of his Judges to appeal to a Provincial or if need be to a general Council Unless perhaps any one can think that God should enable single persons to examin the Justice of a cause and deny it to a vast number of Bishops Assembled in Council Or how shall a Judgment then made beyond Sea be valid whereto the persons that are necessary to give in evidence either through the infirmity of their Sex or Age and many other impediments that will intervene cannot be brought For that any Commissioners should be sent hither by your Holiness we do not find Ordain'd by the Fathers in any Synod For as to what you long since sent us by Faustinus as part of the Nicene Council in the true and authentick Copies of that Council which we received from Cyril of Alexandria and Atticus of Constantinople and which we sent to your Predecessour Boniface we could find no such matter In conclusion they advise him that he should not upon the request of any man send any of his Clerks thither to execute his sentence nor grant such leave to any lest they should seem to introduce the smoaky pride of the World into the Church of Christ which holds forth the light of simplicity and the brightness of humility to all them that are desirous to see God That as to Faustinus they are confident that Brotherly love continuing through the goodness and moderation of his Holiness Africa shall no longer be troubled with him Such was their Letter to the Pope a Letter not fuller fraught with true matters of fact than fortified with clearness and strength of reason VIII FROM this naked and unartificial representation of the case its plain First That whatever power the â—â—shop of Rome claim'd in Africk was even by his own tacit confession founded upon the Canons of the Church Zosimus did not pretend a Commission from Christ or a Delegation from S. Peter but only a Canon of Nice to justify his proceedings Secondly That the Canons of the Church give the Bishop of Rome no power over foreign Churches either to receive their excommunicated Members to hear and decide their causes or to restore them to communion or to send Legates and Commissioners with authority to determine the cause at home for this say the African Fathers nullâ invenimus
Yoak and had restor'd times of Liberty under the conduct of his Imperial Grace and Piety He wrote likewise to the Empress Leontia one who is said to have been not one jot better than her Husband with flattering Caresses and under abundance of good words courts her kindness and patronage to the Church of S. Peter which he fails not to back with Thou art Peter and upon this Rock c. To thee I will give the Keys c. XV. NOT long after Gregory dies and Sabinian who succeeded living not full six Months Boniface the Third of that name takes the Chair He had very lately been Apocrisiarius or the Pope's Legate at Constantinople where he wanted not opportunities to insinuate himself into the favour of Phocas and the Courtiers And now he thought it a fit time to put in for what the Popes notwithstanding all the pretences of Self-denial so much desir'd the Title of Universal Bishop and the rather because Cyriacus Patriarch of Constantinople was at this time under disfavour at Court. From the very first entrance upon the Papacy he dealt with Phocas about this matter and at length gain'd the point though not without some considerable difficulty and opposition aegre nec sine multa contentione as my Authors have it At last out comes an Edict from Phocas commanding that the Church of Rome should be styl'd and esteem'd the Head of all Churches and the Pope Universal Bishop A rare Charter sure not founded upon the Canons of the Church but upon an Imperial Edict and this Edict too granted by the vilest and the worst of Men. But so they had it no matter how they came by it And now that Title that had so lately been new vain proud foolish prophane wicked hypocritical presumptuous perverse blasphemous devilish and Antichristian became in a moment not only warrantable but holy and laudable being sanctified by the Apostolic See XVI FROM henceforth the Church of Rome sate as Queen and govern'd in a manner without control For the Empire being broken in the West by the irruptions of the Lombards into Italy and its Power declining in the East by the successful invasions of the Saracens the Emperours were but little at leasure to support and buoy up the Honour of the Constantinopolitan Patriarchate Advantages which the Popes knew well enough how to improve And indeed every Age made new Additions to the height of the Papal Throne and the Pride of that Church increasing proportionably to its Power and Grandeur hector'd the World into submission to the See of Rome which as imperiously imposed its Commands and Principles upon other Churches as Tyrants do Laws upon conquer'd Countries Witness for a concluding instance those extravagant Canons or Articles DICTATES he calls them which Pope Gregory the Seventh publish'd about the year MLXXV. I know Monsieur Launoy has attempted to shew that these Dictates concerning the Prerogative of the See Apostolic were not fram'd by Gregory the Seventh Whether his Reasons be conclusive I am not now at leasure to enquire Sure I am they are without any scruple own'd for his by Baronius and generally by all the Writers of that Church And Launoy himself is forc'd to grant that several of them are agreeable enough to the Humour Pretensions and Decrees of that Pope They run thus 1. That the Church of Rome is founded by our Lord alone 2. That the Bishop of Rome only can be truly styl'd Universal Bishop 3. That he alone has power to depose or reconcile Bishops 4. That his Legate though of an inferiour Degree is above all Bishops in Council and may pronounce sentence of Deposition against them 5. That the Pope may depose absent Bishops 6. That where any are excommunicated by him we may not among other things so much as abide in the same House with them 7. That he only may according to the necessity of Times make new Laws constitute new Churches turn a Canonry into an Abby and on the contrary divide a rich Bishoprick and unite such as are poor 8. That it is lawful only for him to use the Imperial Ornaments 9. That all Princes shall kiss none but the Pope's Feet 10. That his Name alone shall be recited in Churches 11. That there is but one only name in the World that is that of Pope 12. That it is in his power to depose Emperours 13. That in case of necessity he may translate Bishops from one See to another 14. That wheresoever he please he may ordain a Clerk to any Church 15. That whoever is ordain'd by him may have the Government of any other Church but may not bear Arms nor may receive a superiour Degree from any Bishop 16. That no Council ought to be call'd General without his Command 17. That no Chapter nor Book shall be accounted Canonical without his authority 18. That no Man may reverse Sentence past by him and he only may reverse all others 19. That he ought not to be judg'd by any 20. That none presume to condemn any person that appeals to the Apostolic See 21. That the weightier Causes of every Church ought to be referr'd to that See 22. That the Church of Rome never err'd nor as the Scripture testifies shall ever err 23. That the Bishop of Rome if Canonically ordain'd is by the merits of S. Peter undoubtedly made holy as S. Ennodius Bishop of Pavia bears witness favour'd herein by many of the holy Fathers as is contain'd in the Decrees of the blessed Pope Symmachus 24. That by his leave and command Subjects may accuse their Superiours 25. That without any Synod he may depose and reconcile Bishops 26. That no Man shall be accounted Catholic that agrees not with the Church of Rome 27. That it is in his power to absolve the Subjects of unjust Governours from their Fealty and Allegiance These were Maxims with a witness deliver'd like a true DICTATOR and Head of the Church And it shew'd the World was sunk into a prodigious Degeneracy when a Man durst but so much as think of obtruding such Principles upon the Consciences of Men and imposing them upon the belief of Mankind The END Books Printed for and Sold by RICHARD CHISWELL FOLIO SPeed's Maps and Geography of Great Britain and Ireland and of Foreign Parts Dr. Cave's Lives of the Primitive Fathers in 2. Vol. Dr. Cary's Chronological Account of Ancient Time Wanley's Wonders of the little World or Hist of Man Sir Tho. Herbert`s Travels into Persia c. Holyoak's large Dictionary Latine and English Sir Rich. Baker's Chronicle of England Wilson's Compleat Christian Dictionary B. Wilkin's real Character or Philosophical Language Pharmacopoeia Regalis Collegii Medicorum Londinensis Judge Jones's Reports in Common Law Cave Tabulae Ecclesiasticorum Scriptorum Hobbs's Leviathan Lord Bacon's Advancement of Learning Sir Will. Dugdale's Baronage of England in two Vol. Hooker ' Ecclesiastical Polity Winch's Book of Entries Isaac Ambrose's Works Guillim's Display of Heraldry with large
Balsamon has observ'd in this case that anciently all the Metropolitans of Provinces were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 absolute and independent and Ordain'd by none but their own Provincial Bishops III. THAT the Bishop of Rome no less than the rest had his proper and limited Metropolitical Power This is so evidently the sence of the Canon that few who have otherwise Will good enough have yet the hardiness to oppose it The Sun it self is not clearer at Noon-day than that hereby the Council design'd that the Bishop of Alexandria should have the same power within his Province that the Bishop of Rome had in his Let the Bishop of Alexandria says the Canon have all his ancient and accustomed powers and priviledges in Egypt Libya and Pentapolis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 since or forasmuch as the Bishop of Rome has the like Custome that is as a learned and zealous Champion for the Popes Supremacy does yet with great ingenuity expound it that he and none but he should exercise Jurisdiction within his own bounds as the Alexandrian Bishop has prescrib'd limits to his Diocess so also has he of Rome And as he of Rome manages the affairs of his own Diocess without the interposal or medling of any other person so we Will that he of Alexandria shall have the same power and that none shall obstruct him in the exercise of it The Canon then makes a double comparison between these two Metropolitans the one respecting the extent of their Jurisdiction that one was confin'd and limited as well as the other the other the fulness of their power which they might exercise within their respective limits and that none might presume to invade or hinder it but by the same Right by which the Roman Prelate Govern'd his Churches by the same might he of Alexandria the Churches subject to him One of the Greek Scholiasts Summs up the Canon into these words Let the Bishop of Alexandria have power over Egypt Libya and Pentapolis And the Roman Bishop over those places that are subject to Rome Harmenopulus expresses it in somewhat more general terms Let the ancient customes of Arch-Bishops still prevail and every one have power over his own Province I enquire not now what were the peculiar bounds within which the Power of the Bishops of Rome was terminated 'T is enough at present that whether larger or narrower limits he had which he might not regularly pass and that the Church of Rome was in those days accounted a particular Church and as much a Member of the Church Universal as Alexandria Antioch or that of any other Province IV. THAT the Metropolitick Sees of Rome Alexandria and Antioch were ever of greatest note in the Christian Church and of these Rome the chief Hence they are here particularly named while others are dismist with an Et caetera and Rome as the most eminent made the Exemplar according to which the Rights of Alexandria were to be recovered and resettled 'T were impertinent to shew that respect was always paid to places proportionable to their Temporal power and greatness S. Cyprian long since told us that the reason why Rome had the precedency of Carthage was pro magnitudine sua because 't was the greater City And 't were as endless as 't is needless to prove that the places mention'd in this Canon were Capital Cities of the Empire Rome was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Athanasius styles it the Metropolis or chief City of the Roman World it had for several Ages been the Governing City and was still the Seat of Empire the greatness whereof the Geographical Poet has no less briefly than Elegantly thus summ'd up 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rome triumphs in th' Imperial Seat and is Wealth 's Store-house and the World's Metropolis Alexandria besides the vastness of the place numerousness of its inhabitants the riches and plenty of its Traffick was the Seat of the Imperial Vice-roy call'd the Augustal Prefect Indeed it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the second City under the Sun that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Aristides styles it the greatest next to Rome and thence by ancient Writers emphatically call'd THE CITY Antioch was frequently the Court of Emperors constantly the residence of their Lieutenants the most ancient rich and populous City of the East commonly styl'd Antioch the Great Now the greatness of these places added a proportionable reputation to their several Bishops it being but reasonable that they should 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Fathers at Antioch speak precede others in honour who presided in the most eminent and honourable Cities And because Rome was confessedly the greatest and noblest City of the Empire hence the Church there had an honourary precedency before all others and the Bishops of it in all publick meetings and consultations had the first place allowed them and upon all occasions a mighty deference and respect paid to them and their favour was courted and Addresses made to them from all parts And in this sence 't is plain the ancients understood the honour due to the Roman Bishop When the Council of Constantinople decrees that the Bishop of that City shall have the next place to him of Rome for that Constantinople was new Rome it sufficiently shews upon what foundation the precedency of the Roman Prelate stood And that of Chalcedon much more expresly that the cause why the Fathers gave priviledges to the See of old Rome was because that was the Imperial City And in pursuance of these Canons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Emperour Justinian enacts that the Bishop of old Rome should be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the first of all Bishops I know there are who place the Eminency of these three great Sees upon another bottom and tell us it was because they were all founded by S. Peter two of them by himself and that of Alexandria by the Ministry of S. Mark his peculiar Disciple sent thither by his immediate direction and authority And the assertion further improv'd that these three Cities being severally the chief Cities of the three then known parts of the World Europe Asia and Africa thence it follows that the Government of these three great Churches and in them of the whole Christian World is lodg'd in S. Peters Successour and 't is added with greater boldness shall I say or blasphemy that S. Peter herein exprest a lively representation both of the Unity of the Godheads and of the Holy Trinity and that as 't is but one and the same Episcopal Office that is in a Bishop a Metropolitan and a Patriarch so a Trinity of Patriarchs meets in the Unity of the Pope so that in the See of the Prince of the Apostles there is an Unity in Trinity and a Trinity in Unity But where Men can suffer their wits want only to sport at this rate though 't is gravely brought in by
whole matter the Council adjudg'd it for the Cyprian Churches that they should still enjoy their ancient 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their liberties independent upon the See of Antioch and pass'd a particular Canon in favour of them And so they continued for many Ages And therefore in the old Notitia Cyprus is not plac'd under any of the Patriarchates but is noted to be a Province 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 having Jurisdiction within it self But the rest of the Provinces for any thing that appears submitted and the Bishop of Jerusalem with his Metropolitan of Caesarea were both for some time under the See of Antioch And this renders S. Jerom's meaning plain enough in that known passage when he tells John Bishop of Jerusalem who in the controversie between him and Epiphanius had appeal'd to Theophilus of Alexandria that if he would have appeal'd it should have been either to him of Caesarea who was his Metropolitan or to the Bishop of Antioch as Metropolitan of the whole East that is of the Eastern Diocess But when he says this course was settled by the Synod of Nice 't is plain 't was his mistake And indeed his own Ni fallor shews he was not very confident and peremptory in the case The account of this Patriarchate as delivered by Nilus Doxopatrius with whom in the main concurr many other ancient Notitiae stands thus Immediately subject to the Patriarch were VIII Metropolitans who had no suffragan Bishops under them and VIII or as others reckon XII Arch-Bishopricks Besides which he had XIII Metropolitick Sees Tyre containing under it XIII Bishopricks Tarsus VI Edessa XI or as others X Apamea VII Hierapolis XI the Latine Notitiae reckon but VIII Bostra XIX or XX Azarbus IX Seleucia in Isauria XXIV Damascus XI Amida VIII or as the Latins VII Sergiopolis V but by some one less Daras X the Latin Notitiae call it Theodosiopolis and allow but VII Episcopal Sees and lastly Emesa containing VI. This was the state of that once venerable Patriarchate VII THE next that succeeds is the Patriarchate of Constantinople which though starting later in time soon got beyond the other two The Bishop of Byzantium or Constantinople had for several Ages been only a private Bishop Subject to the Metropolitan of Heraclea which anciently had the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Procopius tells us the Primacy of all the Cities of that Country in acknowledgment of which subjection the Bishops of Heraclea had ever the priviledge to Ordain the Patriarch of Constantinople But no sooner was that City made the Seat of the Empire but great things were spoken of it 't was styl'd the Governing City the Metropolis of the whole World a great City says Nazianzen in one of his Sermons to the people of that place and the very next to Rome nay not at all yielding the Primacy to it it being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the first and chiefest City of the Empire And now the Bishop of Constantinople began to appear considerable in the World and both Church and State conspir'd to render him great and powerful The Fathers of the second general Council holden in that City considering that Constantinople was new Rome conferr'd upon him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the priviledge of honour and respect next to the Bishop of Rome This at one lift set him over the Heads of the Bishops of Alexandria and Antioch Accordingly in the preceding Canon of that Council and in a Law of Theodosius conforme thereto concerning the bounds of Dioceses and Catholick Communion he is set before both the Bishops of those Sees and if the subscriptions to this Synod be of any credit we find Nectarius subscribing first to the Decrees of the Council And when the Acts of the clancular Synod at Ephesus were read in the Chalcedon Council and it was found that the Bishop of Constantinople was therein put in the fifth place the Bishops presently rais'd a clamour why had he not his proper place why was he thrust down into the fifth place whereupon Paschasinus the Popes Legate declar'd that he held Anatolius of Constantinople in the first place which Diogenes of Cyzicum affirm'd was according to the constitutions of the Fathers But to return to what we were upon Though this Canon of Constantinople gave the Bishop no direct power yet it gave him so mighty a value and reputation that he wanted not opportunities enough to carve for himself He was soon courted on all hands his mediation requested and his interposal desired for the ending differences and where Provincial Bishops could not agree about the Election of their Metropolitans the case was very often referr'd to him and he perform'd the Ordination This in time begat a right at least a claim over the Churches in those Countries that lay next him especially the Dioceses of Asiana Pontica and Thrace in which 't is plain he exercised a Patriarchal power Thus to omit other instances S. Chrysostom Synodically heard the cause of Antoninus Bishop of Ephesus the Metropolis of the Asian Diocess and afterwards went himself in person thither where he conven'd a Synod of LXX Bishops of those parts heard the cause over again gave judgment upon it and ordain'd a Metropolitan in that City He likewise depos'd Gerontius Bishop of Nicomedia which lay in the Diocess of Pontica and some others and fill'd up their Sees whereof we have elsewhere given an account at large And this very instance we find produc'd and pleaded in the Chalcedon Synod to prove the rights of the Constantinopolitan See over those Churches I know the validity of these good mans proceedings in this matter is disputed by some and was of old put among the Articles exhibited against him to the Synod at the Oke But no doubt can be made but Chrysostom thought he had sufficient authority and right to do it and would not have attempted it had it not been warranted by the practise of his predecessors In the mean time I cannot but smile at the grave fancy of a Learned Man who without the least shadow of any other warrant than his own conjecture will have Chrysostom to have acted herein as the Popes Legate and to have done all this by vertue of his absolute and supreme authority So quick-sighted and acute are men to discern what never was and so willing to believe what 't is their interest should be true VIII BUT to proceed with our Patriarch of Constantinople he held on much at this rate till the general Council at Chalcedon holden there Ann. CCCCLI when what he had hitherto holden by custome Canonical authority made his right By their ninth Canon they provide that if any Bishop or Clergy-man have a controversie with his own Metropolitan it shall be at his liberty to appeal either to the Exarch that is Primate of the Diocess or to the See of Constantinople where his cause shall be heard A Canon that invested
the whole West when there 's scarce any one Western Church that did not in those times stoutly appear against the incroachments of Rome But you 'll say where then shall we find the Roman Patriarchate certainly within much narrower limits And here nothing can offer it self with so much rational probability as that his Patriarchal Jurisdiction was concurrent with that of the Vicarius Urbicus or the Lieutenant of Rome as his Metropolitical was with that of the Praefectus Urbis or City-Provost Now the Vicarius Urbicus had ten Provinces under his Government four Consular viz. Campania Tuscia and Umbria Picenum Suburbicarium the Suburbicary as well as other Provinces being in some cases especially that of Tribute under the Inspection of the Praetorian Praefect and his Lieutenant Sicilia Two Correctorial Apulia with Calabria and Lucania Brutiorum Four Praesidial Samnium Sardinia Corsica and Valeria This was the Urbicary Diocess distinct from the Italick Diocess the Metropolis whereof was Milan Within these bounds the Bishops of Rome especially after the times of the Nicene Council took upon them to exercise Jurisdiction to call Synods Ordain Metropolitans and dispatch other Church-afairs Hence they had their usual Synod which was a kind of Council in ordinary to the Bishop of Rome and met upon all important occasions Such was the Synod of Pope Damasus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and of the Bishops that Assembled with him at Rome mention'd by Athanasius as conven'd about his Cause Such that of the Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in those parts spoken of by Pope Julius as concurring with him in his Letter to the Eastern Bishops The old Roman notitia produc'd by Baronius out of the Records of the Vatican but of an Age much later than the times we write of tells us this Synod consisted of LXX Bishops And much about that number we find them in the Acts of Councils as in the Synod under Pope Gelasius and in that under Symmachus Thus we find Pope Leo requiring the Bishops of Sicily to send three of their number every year upon Michaelmus-day to meet the Roman Synod fraterno concilio socâ—andi And the Synod of Sardica sending their Decrees to Pope Julius desire him to communicate them to the Bishops in Sicily Sardinia and Italy i. e. that part of Italy that lay within the Urbicary Diocess that none of them might receive communicatory Letters from any that had been depos'd in that Council And this was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the multitude of Bishops wherewith Pope Leo was encompast and whom by vertue of the power and preheminence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of his own proper place and Jurisdidiction he had conven'd out of many Cities in Italy as the Empress Galla Placidia speaks in her Letter to Theodosius Not but that sometimes here as in other places we find foreign Bishops convening in Synods with those under the Jurisdiction of the Roman Bishop especially upon some extraordinary emergencies But then this was only in a Brotherly way and at the invitation of the chief Bishop of those parts and not that they were under his charge and government He had no direct and immediate influence over any but those who lay within the bounds over which the civil Governours who resided at Rome extended their authority and who no doubt fell in the willinglier with his Jurisdiction for the conveniency of their being aided and assisted by the Church of Rome By all which we see that no sooner were Dioceses divided and settled by the civil constitution but the Roman Bishop began to extend his Jurisdiction commensurate to the Urbicary Diocess within which his Metropolitical was at last swallowed up This the Learned Arch-bishop of Paris readily grants and thinks is intimated in the ancient Version of the Nicene Canon which we mention'd before where the Bishop of Rome is said to have Principality over the Suburbicary places and all the Province the first denoting the Government of the Provost the latter that of the Vicarius or Lieutenant of Rome and consequently the one represents the Popes Metropolitical the other his Patriarchal Jurisdiction 'T is true he often tells us of a two-fold Patriarchate the Pope had ordinary and extraordinary the one reaching to the Urbicary Diocess the other over the whole West But with how little reason and pretence of truth we noted before We grant the Pope had always great honour given him by all and more by the Western Churches but authoritative power he had not but over his own special Diocess nor does S. Basil's styling him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the chief of the Western Bishops imply any more than dignity and precedence or the Empires being divided into East and West and in allusion thereto the Churches being sometimes distinguish'd into Eastern and Western make any more for his Western Patriarchate than it did for the Bishop of Constantinoples being Patriarch over the whole East Arguments which I should be asham'd to mention but that they are produc'd by such great Names and are indeed the best they have in this matter I grant that according to the ambitious humour of that Church they were always attempting to enlarge their Borders and to propagate their power beyond its just limits and partly by recommending persons to be Bishops in foreign Churches and thence proceeding to impose them partly by interposing in Ordinations and exacting an Oath of Obedience to the See of Rome from the persons Consecrated partly by challenging the immediate decision of Episcopal Causes and a power to confirme translate excommunicate depose or restore all delinquent Bishops partly by drawing Appeals to Rome and taking the determination of matters from the cognizance of their proper Judges and arrogating the sole priviledge of judging and condemning Heresies partly by claiming to preside in all Councils and if disoblig'd withholding their assent to the Decrees of Synods partly by sending their Legates into foreign Countries to hear and decide cases and take up controversies by taking off and engaging brisk and active Bishops by honourary Imployments by sending Commissions to the Bishops of the greater Sees and lodging certain powers in their hands to act as their Vicars within their several Provinces that so they might seem to derive their authority from the Roman See as they did at Thessalonica Corinth Justiniana Prima Arles c. partly by giving all imaginable encouragement to persons whether of the Clergy or Laity to send to Rome for the resolution of difficult and important cases and partly by dispatching Missionaries to convert Pagan Countries by these and infinite other the like Arts and Methods they grew in time though not 'till some Ages to challenge and exercise a power over all the Churches of the West But from the beginning it was not so The summ then of all that has been discours'd hitherto is this that as 't was the Dignity of the City of Rome gave the Bishops
of that place preheminence above all other Primates or Patriarchs so 't was the division of the Empire made by Constantine exalted his power from that of a Metropolitan to a Patriarch and enlarged it to an equal extent with the Diocess of the Lieutenant of Rome within which Bounds they pretty well contain'd themselves 'till their pride and ambition began more openly to break out and to disturb the peace and order of the Church CHAP. VI. The Encroachments of the See of Rome upon other Sees especially the See of Constantinople The Roman Bishops breaking the bounds of all Laws and Canons Their taking hold of all occasions of magnifying their own power Instances of Julius Damasus Innocent Zosimus to this purpose The briskness and activity of Pope Leo. His many Letters written to advance the reputation of his authority His jealous eye upon the growing greatness of the See of Constantinople The attempts and actings of his Legates in the Council of Chalcedon Their mighty opposition against the passing the XXVIII Canon of that Synod The fraud of Paschasinus in citing the sixth Canon of Nice Their protestation against the power granted to the Bishop of Constantinople Pope Leo's zeal and rage against these Synodal proceedings Faelix his Excommunicating Acacius of Constantinople The pretended occasion of that Sentence The same spleen continued and carried on by Pope Gelasius A reconciliation procur'd by the Emperour Justin between the Bishops of Rome and Constantinople Pope John's insulting over Epiphanius in his own Church at Constantinople John the Seconds raving Letter to Justinian The Bishop of Constantinople assumes the Title of Oecumenical Patriarch This in what sence probably meant The passionate resentment of Pope Pelagius hereat The same zeal shew'd by his Successour Gregory the Great His Letters written upon that occasion The hard words he every where bestows upon that Title His mistake about the offer of that Title to the Pope in the Chalcedon Council The true state of that case This Title frequently given to the Constantinopolitan Bishops in the Council under Menans before John assum'd it Baronius's poor evasion of that matter Gregory still continues to thunder out Anathema's against this Title All this suspected to be but noise and the quarrel only because themselves had not the Title Phocas his Usurpation of the Empire The monstrous villany and wickedness of that Man Pope Gregory's scandalously flattering Caresses to him and his Empress Boniface the Third makes suit to Phocas and procures the Title of Oecumenical to be affixt to the See of Rome The Popes daily enlargement of their Power and Tyranny and their advantages for so doing The whole concluded with the Canons or DICTATES of Pope Hildebrand I. THOUGH Custome and the Canons of the Church had set out the Bishop of Rome his proper Portion in the Ecclesiastick Government yet how hard is it for covetousness and ambition to keep within any bounds A spirit of pride still fermented in that See that made them restless 'till they had thrown down all enclosures and that their Sheaf alone as it was in Joseph's Vision arose and stood upright and the Sheaves of their Brethren stood round about and did obeysance to it In the discovery whereof we shall only remark the more general attempts they made concerning it And first nothing made more way to their Usurpt Dominion than the magnifying their own power and the priviledges of their Church upon all occasions II. TO begin no earlier than Pope Julius in his Letters to the Bishops of Antioch to make them more willing to submit their Cause to be tried at Rome he had it seems highly extoll'd the greatness of that Church and the dignity and authority of his See as appears by the summ of their answer and his rejoynder to their Letter Not long after Pope Damasus writing also to the Eastern Bishops commends them that they had yielded due reverence to the Apostolick See And though this was spoken with modesty enough aw'd hereinto perhaps by the Synod at Rome in whose Name he wrote yet in his Epistle to them of Numidia and in general to all Catholick Bishops if that Epistle be genuine he speaks out telling them that according to ancient institutions they did well in all doubtful cases to have recourse to him as to the head and that this was founded upon Custome and Ecclesiastick Canons concluding his long Epistle thus All which Decretals and the constitutions of all my Predecessors which have been publish'd concerning Ecclesiastical Orders and Canonical Discipline we command to be observ'd by you and all Bishops and Priests so that whoever shall offend against them shall not be received to pardon the Cause properly respecting us who ought to steer the Government of the Church This was most Pontifically spoken and boldly ventured at especially if we consider how little the African Bishops regarded the authority of the Roman Church when the case of Appeals arose a few years after as we have already seen at large Siricius came next to Damasus and he in his Letter to Himerius of Taragon in Spain magnifies the Roman Church as the Head of that Body and bids him convey those Rules he had sent to all the Bishops in that and the neighbour Countries it not being fit that any Bishop should be ignorant of the constitutions of the Apostolick See Innocent the First more than once and again styles the Church of Rome the Fountain and Head of all Churches and this built upon ancient Canons and yet perhaps meant no more than that it was the principal and most eminent Church of the Christian World An honour which upon several accounts intimated before Antiquity freely bestow'd upon it Zosunus in a Letter to the Council of Carthage produc'd by Baronius out of a Vatican Copy makes a mighty flourish with the unlimited power of S. Peter that he had the care not only of the Roman but of all Churches ratified by the Rules of the Church and the tradition of the Fathers that both by Divine and Humane Laws this Power descended upon the Bishop of that See whose sentence none might presume to reverse III. LEO the Great entred that See about the year CCCCXL. A Man of somewhat a brisker and more active temper than those that had been before him and one that studied by all imaginable methods to enlarge his Jurisdiction and being a Man of Parts and Eloquence did amplify and insinuate his power with more advantage He tells the Mauritanian Bishops That he would dispence with the Election of those Bishops who had been immediately taken out of the Laity so they had no other irregularity to attend them not intending to prejudice the commands of the Apostolick See and the Decrees of his Predecessours and that what he pass'd by at present should not hereafter go without its censure and punishment if any one should dare to attempt what he had thus absolutely forbidden And elsewhere that
A DISSERTATION Concerning the Government of the Ancient Church BY BISHOPS METROPOLITANS and PATRIARCHS More particularly Concerning the ancient Power and Jurisdiction of the Bishops of Rome and the Encroachments of that upon other Sees especially the See of Constantinople By WILLIAM CAVE D. D. One of His Majesties Chaplains in Ordinary Omne genus ad Originem suam censeatur necesse est Tert. de praescript c. 20. p. 208. LONDON Printed for R. Chiswel at the Rose and Crown in S. Paul's Church-yard MDCLXXXIII TO THE RIGHT REVEREND FATHER IN GOD HENRY Lord Bishop of LONDON One of the Lords of His Majesties most Honourable PRIVY-COUNCIL My Lord IN compliance with the good old Rule of S. Ignatius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Do nothing without leave from the Bishop I have taken the confidence to lay these Papers at Your Lordships feet being well content they should receive from You a sentence of Life or Death either to come abroad into open light or be condemn'd to be thrown aside if you shall judge them useless and unprofitable For I am not so fond of my own Undertakings as to flatter my self that any thing that I can do will work much upon the obstinate humour of a perverse and contentious Age. My Lord The Church of England is usually assaulted by two sorts of Adversaries The one declar'd Enemies to the Episcopal Government or if at any time in a good humour they allow the name they deny the thing making the Bishop of the Primitive times no more in effect than a meer Parish-Priest The other are great pretenders to Antiquity and strongly enough assert the Episcopal Order but withall would obtrude upon us a Supreme and Universal Bishop to whom all others are to be subject and accountable and he we may be sure is the Bishop of Rome As for the first of these I have not directly enter'd the Lists with them though what is here said concerning the Ancient Church-Government might be enough to satisfie Men modest and unprejudic'd and more I did not think fit to add They have been so often baffled upon that Argument that nothing but a resolv'd obstinacy could make them keep a post so utterly indefensable But the Men of that way seem generally too over-weaning and opiniative and I have no hopes of doing good upon that Man that 's wiser in his own Conceit than seven Men that can render a Reason Indeed the nature of my design led me more immediately to encounter with the other Party whose cause so far as it relates to the Subject under debate I have examin'd and brought to be tried by the Standard of Antiquity the truest Rule to proceed by in this matter and this managed without any needless Exasperations For I never could think it a reasonable method of Conviction to rail at Popery or to load the Bishop of Rome with ill Names and spiteful Characters The best way sure in such cases is to appeal to the judgment of the Ancients and to enquire what power and authority was allow'd him in the wiser and better Ages of Christianity Which I hope I have done with all truth and fairness in the following Discourse My Lord Your Lordships known Zeal for the Protestant Cause and what next the goodness of the Divine Providence is the strongest Bulwark and Defence of it the honour and interest of the Church of ENGLAND might give you a just Title to this Discourse though there were no other inducement to it But we that are the Clergy of Your Diocess think our selves oblig'd to take all occasions of letting the World know how much we rejoyce under the happy Influences of Your Care and Conduct how much we are beholden to that great Example of Pastoral Industry and Diligence you daily set before us that we have to deal with a temper so incomparably sweet and obliging and that not only in private Converses but in all public Cases that concern the Church under your Charge you are pleased so freely and familiarly to consult and advise with us 'T is this to mention no more that creates in us so just a regard and veneration for Your Lordship And I verily believe since the Primitive Times there never was a more mutual Endearment and Correspondence Never Bishop that treated his Clergy with a more Paternal kindness and Condiscention never Clergy that paid a greater Reverence and a more chearful Obedience to their Bishop That this Concord and Agreement may not only continue but encrease and the happy effects of it visibly spread over your whole Diocess and especially this great CITY is the earnest Prayer of MY LORD Your Lordships faithful and sincerely devoted Servant WILLIAM CAVE TO THE READER AMong the several Virtues wherewith the Religion of our Lord does at once refine and adorn Humane Nature there are none conduce more both to the peace of the World and the quiet of private and particular persons than Humility and Contentment the laying aside the vain and fond opinion of our selves a lowliness of Mind to esteem others better than our selves in honour preferring one another an easiness and satisfaction under that place and portion which the Wisdom of the Divine Providence has thought fit to allot us and a generous Contempt of those little and sordid Arts by which Men hunt after Power and Greatness and impatiently affect Dominion and superiority over others A noble and divine temper of Mind which our Lord has effectually recommended both by his Doctrine and the example of his Life He has taught us that we should not after the proud and hypocritical manner of the Pharisees do our works to be seen of Men make broad our Phylacteries and enlarge the borders of our Garments love the uppermost Rooms at Feasts and the chief Seats in the Synagogue and greetings in the Markets that we should not affect proud Titles and the honour of a Name to be call'd of Men Rabbi Rabbi for that one is our Master even Christ and all we are Brethren not that our Lord here absolutely forbids all Honour and Precedence no more than he does all Mastership and Superiority in what follows but only an inordinate desire a vicious and irregular inclination toward these things and an undue and tyrannical exercise of them that we should call no man our Father upon Earth that is in the same sence and with the same respect wherewith we do God for that one is our Father which is in Heaven neither that we be called Masters for that one is our Master even Christ For that whosoever should exalt himself shall be abased and he that should humble himself shall be exalted And then for his own practice how openly did he protest against seeking his own glory or receiving honour from Men how studiously did he stifle the fame of his own Miracles and whatever might raise him in the esteem and value of the World When an Appeal was made to him to judge a Cause he rebuk'd the
Geo. Coressius Gabriel Philadelphensis Maximus Margunius Meletius Alexandrinus c. whom Leo Allatius in a scornful insultation over the deplorable state of his own Country is pleas'd to style Graecanica ingenia the Witts of Greece and by them of the Reform'd Religion and by some too of their own Church by whom all pleas and pretences to this power have been so often and so shamefully baffled that a man would wonder if at this time of the day they should be again rallied and brought into open Field It remains then that we consider him in his Metropolitical and Patriarchal capacity II. AND first we shall enquire what were the bounds of his Metropolitical Power And the best measures we can take in this matter will be to enquire into the extent of the civil Jurisdiction of the Provost of Rome with which that that of the Roman Prelate must run parallel no man can doubt that considers the course of things in those times when in this respect the Church and the State went so fairly hand in hand A thing not only affirm'd by Protestants but granted by the most Learned and zealous Writers of the Church of Rome Let us therefore consider first how the case stood in the civil State The Prefect of Rome was an Officer of great Antiquity instituted in the very infancy of that state while govern'd by Kings but being only of a pro tempore-use was never made fixt and ordinary till Augustus who being much engag'd in foraign Wars appointed a Magistrate who might in the interim supply his room manage his affairs and administer Justice at home His publick appearances were very pompous and stately and he had several great Officers under him as may be seen in the Notitia Imperii The greatest persons in the City were not exempt from his power for calling five persons of the Senatorian Order to his assistance he might try and pass Sentence upon the Head of a Senator himself His Government extended not only to Rome but to an hundred miles round about it where the limits of his jurisdiction ceas'd as is expresly said in a Rescript of the Emperour Severus Ditioni suae non solum Roma commissa quamvis in illa contineantur universa verum etiam intra Centesimum Miliarium potestatem te protendere antiqua jura voluerunt as his Patent runs in Cassiodore Within this compass were several Countries which partly from their lying round about partly from their subjection to and dependance upon the praefecture of Rome were usually styl'd Urbicariae and Suburbicariae and Suburbanae Regiones sometimes also Regiones solitae the Countries within which the Governour of Rome was wont to exercise his solemn jurisdiction and Vicinae Regiones Countries that lie next to the City And these I doubt not are those Four Regions mention'd in a Law of Constantine M. directed to Orfitus Praefect of the City III. THIS circumference Salmasius conceives though herein stiffly oppos'd by his Learned Antagonist to be the Romana regio mention'd in an old Inscription at Nola and by the Historian as he corrects him out of an ancient Manuscript in the Life of Probus where 't is oppos'd to Verona Benacum and other Regions of Italy and that this was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Region of the Romans spoken of by Ignatius in the front of his Epistle to that Church What these Four Regions were mention'd in the Law of Constantine is not agreed by those that have searcht furthest into this matter Gothofred makes them to have been Tuscia Suburbicaria another part of it being call'd Annonaria Picenum Suburbicarium to distinguish it from the Annonarium and of these there is no doubt The other Two he makes to be Latium Vetus and Latium Novum lying South of Rome and extending as far as Sinuessa upon the River Safo which divided beween Latium and Campania Salmasius will have the Latium Vetus and Novum to have been but one and the same and which was afterwards call'd Campania Latina and to fill up the number substitutes the Province of Valeria so call'd from the Valerian way that lay through it Another French Lawyer who takes upon him in less than half a sheet of Paper which he publisht on purpose to state the controversie will have five of the Eleven Regions into which Pliny tells us Augustus the Emperour divided Italy to belong to this viz. the First Fourth Fifth Sixth and Seventh as those that lay next the City and were bounded with the Rivers Tifernus and Silarus on the East and Marca and Constantinum on the West But herein he offers no other evidence than his own conjecture Sirmondus and others after him extends the number of the Suburbicary Countries to Ten which he makes the same with the Ten Provinces that were under the Vicarius Urbicus and to have thence taken their denomination But there are two things amongst many others that lye strongly in prejudice of that opinion and with me turn the Scales First That some of these Ten Provinces especially the Three Islands of Sicily Sardinia and Corsica lay too remote to come under the notion of Suburbicary Regions For Urbicarium and Suburbicarium Suburbanum and Suburbicum all importing the same thing as the Learned Jerom Aleander readily grants must necessarily imply their lying within some tolerable neighbourhood to the City Secondly That Sicily one of the Ten Provinces belonging to the Vicarius Urbicus is most expresly distinguish'd from the Urbicary Regions and as equally as 't is from Italy strictly so call'd that is the Seven Provinces that constituted the Italick Diocess A case so clear that Sirmond though he endeavours to say something to it yet 't is so thin and trifling that it rather shews he had a good mind to answer it than that his answer would ever hold water Others are willing to suggest as if in that Law of Constantius Illyricum ought to be read instead of Sicily but this is thrown in only as a conjecture and that too against all reason Illyricum belonging at that time to another jurisdiction For by the famous distribution which Constantine the Great made of the Parts and Offices of the Empire Illyricum was under a Praetorian Prefect of its own and so I suppose continued all the time of Constantius in the latter part of whose Reign this Law was made though afterwards a great part of it was laid to the command of the Praetorian Prefect of Italy But Morinus like a young and daring Champion that was resolv'd to do the work is for quite dashing it out of the Body of the Law as a word contrary to the usage of that time All which shuffling Artifices are a shrew'd sign it was a bad cause they had to manage In short though men of Learning may by tricks and subtilty intangle and perplex an argument as they have done in this controversie yet
two things are plain beyond all just exception First that the Jurisdiction of the City-Praefect reacht an Hundred miles about Rome Secondly that the Urbicary and Suburbicary Regions lay chiefly and in all likelyhood intirely within that compass and deriv'd that title from their vicinity to the City and their immediate dependance upon the Government of its Provost And I cannot but a little wonder that Sirmond who more than once grants the Praefect of Rome to have had jurisdiction within an Hundred miles should yet as often deny that he had any Provinces under his Government as if there had been no Provinces within that compass when they are expresly call'd the Suburbanae Provinciae in the Theodosian Code and the ordinary Judges in those parts commanded to return all greater causes to the Tribunal of the City-Praefect and this in contradistinction to the course of other Provinces which were to be accountable to the Praetorian Praefect IV. HAVING thus found out the Jurisdiction of the Roman Praefect it should one would think be no hard matter to discover that of the Bishop of Rome there being so known a correspondence between the Civil and Ecclesiastical Government of those days And though this did not always nor Universally take place and how should it when time and the Will of Princes made such alterations in the bounds of places and Provinces yet did it generally obtain A thing introduc'd at first for greater conveniency founded upon long custome and settled by several Laws and Canons of the Church insomuch that if a change or alteration had been or should hereafter be made by imperial authority in any City that then the Order of Episcopal Sees should follow the civil and Political forms as is expresly provided by two general Councils the one of Chalcedon the other of Constantinople Nor can any reason be given why the Bishop of Alexandria should exercise a Pastoral Authority over Three such large Provinces as Egypt Libya and Pentapolis but only because they were under the civil Government of the Praefectus Augustalis the Imperial Vice-roy who kept his residence in that City The Jurisdiction then of the Bishop of Rome being of equal circumference with that of the Roman Provost must extend to all the City-Provinces that lay within an Hundred miles round about it Accordingly we find that when great disturbances were made in the Church of Rome by the Manichees and other Hereticks and Schismaticks Valentinian the Third writes to Faustus Praefect of Rome to expel them all out of the City but especially to proceed against those who separated themselves from the Communion of the venerable Pope and whose Schism did infect the people commanding him that if upon warning given they should not within Twenty days reconcile themselves he should banish them One hundred miles out of the City that so they might be punisht with their self-chosen solitude and separation The Emperour thinking it but just that they who had voluntarily rejected should be themselves cast out of the bounds of his Jurisdiction that they who had perverted many in the Capital City should not be left within any part of his Diocess to infect the people And this was done in compliance with the course observ'd in civil cases where notorious malefactours were so us'd Thus Symmachus the Gentile was for his insolence banish'd an Hundred miles out of Rome And some Ages before that Severus having cashiered the Souldiers that murdered the Emperour Pertinax banisht them and charg'd them at the peril of their Heads not to come within an Hundred miles of Rome that is within the limits of the City-Praefecture And more plainly yet in the case of Ursicinus who had rais'd infinite stirs at Rome about the choice of Pope Damasus and had set up himself as Competitor in that Election for which he had been banish'd into France Valentinian the Elder afterwards as appears by his Rescript directed to Ampelius the City-Provost gave him and his companions leave to return into Italy provided they came not to Rome nor any place within the Suburbicary Regions that is within the Jurisdiction of the Roman Bishop But Rufinus has put the case beyond all question who in his short paraphrase for for a translation we may be sure he never intended it of the Sixt Nicene Canon tells us that according to ancient custome as he of Alexandria had in Egypt so the Bishop of Rome had the care and charge of the Suburbicary Churches The Champions of the Roman Church finding themselves sorely pinch'd with this authority have no other way to relieve themselves but to throw it quite off their Necks and to fall foul upon Rufinus loading him with all the hard Names and Characters of reproach charging him with malice falshood ignorance want of learning and indeed what not But the World is not now to be taught that Rufinus was a Man of parts and learning witness the reputation which his Works had of old and still have to this day Pope Gelasius with his Synod of seventy Bishops allow'd them the case only of free-will excepted And among the rest his Ecclesiastical History wherein this very Nicene Canon is extant and gives him too the title of a Religious Man into the bargain So that Rufinus his Exposition has the Popes own approbation on its side And surely if ever his judgment be infallible it is when he has his Council about him to advise and assist him And though perhaps that Gelasian Synod if searcht into may not be of that authentick credit as to lay any considerable stress upon it yet however it stands good against them that own its authority and thereby approve its determination And though it had not given this testimony to Rufinus yet there wants not other evidence that the thing was so Accordingly Hincmar of Rhemes speaking of this very Book of Rufinus whence this passage is taken assures us it was one of those that were receiv'd in the Catalogue of the Apostolick See Nay his Ecclesiastical History obtain'd such credit that it was wont solemnly to be appeal'd to by Fathers and Councils in some of the most weighty and important cases of the Church V. NOR is there any shadow of probability that he should be mistaken either in the sence of the Nicene Canon or in the Province of the Bishop of Rome He was himself an Italian born not above Twenty years after the Synod of Nice Baptiz'd and perhaps born at Aquileia a famous City of Friuli honoured heretofore with the residence of Augustus and some other Emperours and made afterwards a Metropolis and the Seat of the Praetorian Prefect and himself a Presbyter of that Church He had been frequently conversant at Rome had travell'd over most parts of the Christian World and had convers'd with persons of the greatest note and eminency in every place In all which respects he could no more mistake the jurisdiction of the See of