own'd and attributed as hers in those days of the Church Justinian writing to John Patriarch of Old Rome as he there stiles him and his See Novel 9. says enough of the See it self Sortita est ut Originem legum ita summi Pontificatûs apicem nemo est qui dubitet And he goes on and calls Rome Patriam Legum Fontem Sacerdotii veneranda Sedes summi Apostoli Petri. She is the venerable Seat of the chief Apostle St. Peter the top of the Pontificate the Mother of Laws and Fountain of the Priesthood By all which thus much is only imply'd That Eminent and Renowned was that See at that time great and huge her Care and Service in the Church of God something peculiar was effected but that the Original Power and Autority was special also and by which she acted none other equalling of her this cannot be granted The Applications and Instructions for Government had then in course been accordingly which we have observed was to none higher than the Patriarch And let but Justinian explain himself as 't is all the reason in the world he should have leave so to do and all will be plain and easie Papa veteris Romae est Caput omnium Sacerdotum Dei vel eò maximè quod quoties in iis locis haeretici pullularunt Sententiâ recto judicio illius Sedis coerciti sunt Cod. l. 1. Tit. 1.7 The Pope of Old Rome is the Head of all the Priests of God upon this account especially that in those Places or within his Districts Heresies did spring up and by the Sentence and right Judgment of that Venerable Seat they were Suppressed meaning he was more expedite and happy strenuous and successful than other Bishops in such those like Undertakings Otherwise Peter of Alexandria as well as Damasus of Rome are proposed as Leaders and Examples of the Catholick Faith in that very Code Title And the Four first General Councils of Nice Constantinople c. are the Conviction of Hereticks and such reputed Hereticks that refuse Communion not with the Bishop of Rome but with Procerius of Alexandria Tit. 5. Ibid. 8.3 And so 't is again Cod. Theodos 16. Tit. 1. l. 16. and this very often elsewhere and these very Complements or rather due Characters we have here given to the Bishop of Rome we find given also to much privater Bishops on the like Occasions for their particular learning Piety and Service in the Church So Acholius is called by St. Ambrose murus fidei And Gregory Nazianzen calls St. Basil 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and which are produced by Jacob Gothofred in his Comments on the fore-mentioned place and no Inserences of a solitary appropriate Power and Jurisdiction was ever thence inferr'd or but attempted But this is the usual proceeding with the Romanist Zelot from some one or more occasional Character Power Concession or particular Priviledge devolved granted and affixed on the Bishop of Rome to deduce general Rules and manage them to a Perpetuation give them in charge as standing marks and Laws immutable exclusive to all others What if Athanasius did Appeal to Rome in his Cause was it that none else could equally hear and legally determine it He fled thither perhaps as Sozomen tells us his Successor Peter did because of the same Faith with him Lib. 2. Hist Eccl. cap. 22. or rather because his Vogue and Autority was more in the World than that of Eugubium the far abler to Protect and give Autority to his Sentence given for him as no one in England but would fix upon Canterbury rather than Landasse had he the like occasion Besides each Bishop as such has the Care of the Universal Church committed unto him 't is given in his Orders And since the several Districts by after Laws particular Bishops have oft interposed and intermedled by their Care for some Churches and Proceedings foreign to their particular Exarchies or Bishopricks and 't is recorded as their true Zeal and Merit of which we have abundance of instances given us by Spalatensis De Repub. Eccl. l. 2. c. 7. Sect. 6 7 8 9 c. and which might be the Motive in the case of Holy Athanasius The Council of Sardica gives something to Rome for the honor of St. Peter And how the Cyprians have gain'd much for the honor of St. Barnabas because his Reliques were found in their Island with the Gospel of St. Matthew upon his Breast fairly written with his own hand we are informed Lib. 2. Tripart Hist Eccl. Theodori Lectoris set forth by Vallesius at the end of the Ecclesiastical Histories Their Metropolis thereby became free and independent as much as Rome it self not subject to Antioch as formerly Peter upon whom by the favour of our Lord the Church is founded This is the usual saying of St. Cyprian Peter James and John are the Pillars of the Church and upon them is the Foundation of the Church laid So St. Jerome Comment in Galat. Cap. 2. with more to the same purpose and any one that is but a little skill'd in St. Cyprian and the Church-Affairs by him transacted will not easily believe that he resolved his Faith into the Bishop of Rome his own Opinion together with them of Carthage where he was Arch-Bishop about Rebaptization are too notorious Evidences to the contrary and no one gives to St. Peter and his Succession more glorious Epithetes than he all along does And that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Privileges attributed to Rome and in which Constantinople is to be second Can. 3. Conc. Gen. Constantinop are not of real Power but only of Place and Honorary is plain from the 36 Can. Conc. in Trullo For the same Privilege Rome hath before Constantinople Constantinople has before Alexandria and Alexandria has before Antioch and Jerusalem is the lowermost Neither of which Four are pretended by any nor will the Church of Rome to be sure admit to have any thing of real Power over one another I shall end this Section and all that I have to say on this Head with that of the 42 Can. Conc. Carthag 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. That the first Bishop or Bishop of the first Seat be not called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Prince of Priests or the chief Priest but only the Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the first Seat and which first Seat that it is in no manner dependent on Rome and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so often mentioned in the following Canons ows not thither any Appeals nor can the Bishop of Rome wrest the Audience out of his hands is so clearly the sense of that Council that nothing can be more it being there Positively and on set purpose decided and determined against him upon the detection of that Fraud of the Bishop of Rome's design'd upon them in the very Case and but just now by me mentioned or more plainly in the Scholia on Aristenus upon that Canon The Dignity of the
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Flavianus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gennadius Evagr. Hist Eccl. lib. 1. cap. 8. lib. 2. cap. 11. lib. 5. cap. 16. So that if things by words are delivered to us which must be since we have not converse with one another as they tell us Angels have or private immediate infusions from God he speaks not to us inarticulately in Sounds and in Dreams as of old we have here the thing contended for in this Discourse viz. a real Autoritative Power in the Church independent equally as in the Empire neither Subordinate to one another The Argument and Evidence is as good as the Story is true and the reception of those Ages or as the truth of Matter of Fact can make it § XIII AND suitably the first and most ancient Councils which are come to our hands of the Christian Church have still owned the Empire and submitted to it in its full Latitude but yet still they reserved and asserted a Power within themselves which was neither derived from nor depended upon it in the execution and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is the word they still express their Chair by they could make Sanctions and Constitutions oblige and bind the Conscience of themselves and without it the first great Council of Christendome they met indeed in the Name of the Emperor were summon'd by his Writ nor ought they personally and in Bodies collectively to Assemble without it but they acted and decreed in their own Names by their own Power and Autority were all their Synodical Determinations made 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 So the great and first general Council of Nice and was the after-form of the Proceedings of the succeeding Councils which still confirm'd that first solemnly owning and receiving of it It seemed good to the Holy Synod to the Holy Bishops and Fathers there as the immediately following General Council at Constantinople explains it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a form but a little abating of that of the Apostles Synod Acts 15. It seemed good to the Holy Ghost and to us and as their Power is distinct so is its Execution in different words and Penalties so as expressed for the most part by none else and in all never executed by any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arceri seu ejici ab Ecclesia à fraternitatis Communione relegari submoneri à limine omni tecto Ecclesiae Sacramento Benedictionis exauctorari Communione interdici abstineri depelli these are the words still expressing the Execution of this Church-Power as they are to be met with up and down in the Greek Councils and Greek and Latine Fathers many of which Mr. Selden has took the pains to Collect to our hands Lib. 1. De Synod Pag. 257. 259. and are to be seen also in an earlier Copy in the first Canon of the Seventh general Council held at Nicea there reckoned up and own'd as bottomed on the Autority of the Apostles Canons and the Six foregoing general Councils And the Bishops have a Power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Con. 5. Concil Anciran 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as before in the first Nicene Council Can. 12. of absolving from and removing taking off such their Mulcts laid upon them either in whole or in part or adding farther degrees suitable as their repentance and amendment is perceiv'd and approved or not approved of and this Power asserted in the Church by the great Council of Nice and that of Ancyra is the great instance of the self-existing eminent independent underivable Power that is in the Church of Christ wholly in her self and in none else beside as having Power to punish and relieve to give Sentence and relax in her own breast this is what is not done in the Civil Judicatures where the Judge is in Deputation who cannot correct his Sentence once given make heavier or alleviate it that is only in Soveraign Power as the Lawyers speak but the Bishop can do it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Photius Nomocanon Tit. 9. cap. 1. 3. doctas videas nuperas Annotationes in Can. Niceae there was then believed and accounted a first and antecedent Right in the Church to make 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laws and Rules from which out of Contempt and Opposition there was not allow'd any Appeal to be made to the Empire or Secular Power or Judicatures unless by way of imploring Patronage for a better enquiry as not Canonically executed Can. 6. Concil 2. Gen. Constantinop Can. 107. Concil Carthag and he that proceeds otherwise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not according to the Rules and Laws of the Church is to be cast out of her Communion if a Lay-man if a Presbyter or Deacon he is to be deposed never to be restored again never admitted but to Plead his Cause Conc. Antioch Can. 11 12. and the Clergy-man is not to leave his Bishop in Matters of Strife and go to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Power of the Realm is still call'd the Secular Judges or if he Appeal from his Bishop it may be only when the Case is with the Bishop himself as a Party and he is to appeal to the Provincial Synod or the Metropolitan Exarch or Patriarch Can. 9. Concil Gen. Chalcedon or he may ask and Petition the Emperor that he interpose with his Power over all Persons in all Causes for a farther Enquiry by the Bishop when Justice seems to be not understood or to be denied Can. 107. Conc. Carth. the Sin of Schism is still defined to be when a Presbyter makes a Congregation and makes an Altar 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in despite and contempt of his Bishop Can. 31. Apost and so Can. 6. Concil Gen. Constantinopolit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when they unite for Religious Services in opposition to their Bishop and Can. 31. Concil 6th in Trullo and Can. 5. Concil Antioch Can. 10. Concil Carthag 'T is more express If any Presbyter or Deacon contemns his own Bishop separates from the Church and makes a private Congregation and Altar and disobeys farther his Bishops Summons to render him accountable for so doing he is to be deposed and if he perseveres to make farther troubles in the Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a Seditious Person the outward Secular Power is to Chastise him Can. 5. Concil Antioch where we have a thorow distinction of the two Powers with their Offices and the Canon goes before that of the Church is antecedent and therefore when Constantius went to cast some Bishops that were clamorous and contentious out of the Church Eleusius with Sylvanus and others told him That he had Power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the outward Punishment what reach'd the Liberties and Advantage of his Person but 't was theirs to judge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Piety and Impiety Theodoret. Eccles Hist l. 2. c. 27. § XIV I know it will be here reply'd this was only the Judgment Declaration and Practice of the Churchmen themselves
by them By which things what is there intended and what the Power came into the Empires hand by becoming Christian the next words of the Historian clears making the Instance 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the greatest Synods were by their Appointment Summoned and still are so I 'le bring here some instances of the Power and Procedure of the Empire in Church Businesses to render all more conspicuous if possible § XIX AND the first shall be this of Calling Synods just now mentioned the giving leave to Church-men to meet and unite in one Body in a certain place of the Empire limited to them Publickly to enquire examine debate and determine in Religion in which Councils if the Emperor himself was not present in Person he deputed some chief Minister of State there to represent him Thus Constantine himself sat in Person in the Case of Cecilianus and the Donatists Miltiades and the Bishop of Rome and the Clergy debating it as St. Austin tells us lib. 1. cont Parmen Donatist and Flavius Marcellinus is deputed afterwards by the Emperors Honorius and Theodosius in a Collation of that Nature as a Secular Cognitor and Supervisor 16. Cod. Theodos Lex 3. Tit. 11. they exercised a Power and Cognizance over all Persons in these Causes and Meetings they were then their Subjects as before and whom they commanded and though such Members were obliged at the Summons of the Bishops themselves and by consent among one another to be present at the Council to come in and appear there Can. 80. Concil Carthag yet the Emperor retain'd a Power above them and they might be absent altogether or depart after they had appeared if the Emperor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by his Letters required it Concil Sardicens Can. 7. they had a Power over the very Causes themselves in these Conciliary Clerical Debates and Determinations and were Judges here If all that was determined seem'd not duly reported or adjusted every ways clear and plain unto them if scruples and doubts notwithstanding remain if new matter proposed and adjudged considerable by the adverse Parties De Clericis judicantibus Praesidet Imperator ipse prout malè vel benè Judicat 16. Cod. Theodos l. 42. Tit. 2. and which Law though instancing in some Immunities as to Publick Secular things yet holds in other Decisions So Constantine heard the Cause of Cecilianus and the Donatists a second time when the Bishops had heard it before and Myltiades of Rome was there as above in St. Austin And it was the suit of the Bishops in the Council of Chalcedon that it might be decreed by a Law that all things at Ephesus since the first Synod there of which St. Cyril of Alexandria was Chief should not retain any force implying it in his Power to revise and reconsider and he may reexamine the Actions of Councils Compend Act. Synod Chalced. apud Evagrium Eccl. Hist l. 2. cap. 18. And Petrus de Marca gives us several instances of the like nature of Appeals made to the Empire upon the results of Councils and he accepted them De Concord Sacerd. Imper. l. 7. c. 2. that the Emperor had directed and limited in what Points and how far to proceed calling Councils only for particular occasions as De Marca Ibid. lib. 6. c. 22. and all this the Security of the Empire required in the common course of things that no Men imbody or unite locally upon any Plea whatever or Pretence of what Business soever and not by his Warrant under his Oversight and Protection whose Designation and Commissions come not from him and all which Christianity supposes and declared for upon its admission into the World and Kingdoms imbracing of it it appoints every Man wherein he was called there to abide if a state of Honesty and Justice not of that filthiness sometimes reign'd among the Gentiles and many times had a Chief Place in what they called Religious Worship this Christianity was designed to rectifie and remove but continue to Caesar the things that are Caesar's adds new Obligations to Government and gives new Arguments for Obedience to it but cancels no one takes no one subject in any one instance from under his Jurisdiction nor can any Governor be secure upon other terms that has so many Persons so considerable as so many Professors are or at least may be with Power to associate in his Jurisdictions as they shall please and when and not in all instances relating to such their imbodying his Subjects or though if not able to meet without his Call yet when together and not under his Inspection and Jurisdiction not Govern'd by his Rules and Laws with a Power to canvass and unhinge to insinuate and propose and manage as they shall list and how long in Ordine ad Spiritualia if they judge it useful to Religion This is the same in effect as to meet at their Wills no Government can bear it can subsist on such conditions all must or may at the Pleasure or Piques of such the associated be undermined and ruined Again the Empire is engaged as to preserve the Laws of the Church then in being so that in making new ones those the old be not entrenched upon and affronted or that the repeals be upon equitable accounts and agreeable with the Catholick Faith certainly received with former Sanctions of either their Ancestry or their own and these we find the Rules and Directions given by the Emperors Honorius and Theodosius to Flavianus Marcellinus their Secular Cognitor in the Debates about the Donatists Ea quae circa fidem Catholicam vel certa ordinavit antiquitas vel Parentum nostrorum autoritas Religiosa constituit vel nostra Serenitas roboravit Novella Superstitione remotâ inviolata custodire praecipimus suprà Cod. Theodos 16. Tit. 11. l. 3. and indeed it were an Imposition not to be indured in common Business betwixt one man and another when but a private Consent Confirmation and Autority is desired to deny liberty of Enquiring Demurring Discoursing or Debating or whatsoever may seem best to tend to Information as to particulars and then how insufferable if not allow'd the Prince when supplicated and call'd in by the Church to make Laws give the Royal Assent Stamp and Character and Protection to their Results and Determinations and which otherwise must want the edge and advantage of it and not upon a freedom to consider former Laws and Canons made and ratified with future inconveniences that may happen this were indeed to make Princes Lacqueys Hackneys or what vile and mean enough we can say to the Church to debase them into the order of Ideots or Pageants all true Church-men in their Offers and Proceedings have started at and abhorr'd it But then we are to note farther that when the Emperors appear'd in Councils whether themselves in Person or by their Proxies and Substitutes the most Politick and Prudent the more Acute and Ingenious as Theodosius or any other they acted there