with the Recommendation of Damasus the great Bishop of Rome and is restor'd with universal joy of the People and Lucius forced to fly for help to the Emperor and his Court-Patrons then at Constantinople that was at that time little better than Besieged and before the Emperor had any leisure to mind his Complaints he by his own rashness came to his Unfortunate end of being Burnt by the Enemy in a Cottage where he had taken shelter in his Flight And so from this time Lucius continued in Exile at Constantinople till Demophilus the Arian Bishop that succeeded Eudoxius in that See and all his Party among whom Lucius is particularly named were turn'd out of the City by Theodosius the Great in the year 380. At which time Peter dies and Timotheus succeeds him for Lucius now having but small hopes left of recovering his Bishoprick under such an Orthodox Emperor made no attempt for it And now comes the great Council of Constantinople where the Nicene Faith is establisht for ever and in pursuance of it an Imperial Law made to take away all Churches through the Empire from the Hereticks of all Denominations For which the Council of Aquileia soon after sitting in the West send him the foremention'd Letter of thanks farther imploring his assistance for the Settlement of the Church and this of Alexandria in particular where the present Bishop was overwhelm'd with inveterate Schisms and Dissentions In order to which they move his Majesty that he would be pleased to call a Council at Alexandria particularly to determine who of the Hereticks should be received to the Communion of the Church and upon what terms which they thought in such a vast number of Offenders too invidious a work for the Bishop to undertake by his own Authority What followed upon it I know not For the Rescript of this Emperor to the Praefect Optatus to give Timotheus full Power of Judicature in Ecclesiastical Causes and to be assistant to him is apparently forged for there was no such Praefect as Optatus at that time as well as all the other Laws under the Subdititious Title De Episcopali Judicio the unanswerable proofs of it may be seen in Gothofred's Extravagans But probably without any farther care things settled of themselves under so wise a Reign for Timotheus sat peaceably in his See to his dying day without any disturbance that we read of from his Enemies When they saw the Church defended by such an Emperor they were content to sit still for Men are not wont to make their Attempts where they have no hope of Success But still we see by the whole progress of this Alexandrian Schism that the Disorders of the Church proceeded not from it self but the Dishonesty of the Court Eunuchs The last great Schism of that Age that the Council of Aquileia mentions in their Letter to the Emperor was that at Antioch which began sooner and lasted longer than either of the other How the matter was composed between Paulinus and Meletius we have seen above that upon the Death of one of them the Surviver should have the Government of the whole Church But upon the Death of Meletius Flavianus sets up against Paulinus and his own Oath too for he had abjured the Bishoprick as long as either of them should live And he makes so many Friends as to keep it till the great Council of Constantinople and have it confirm'd to him by the Authority of the Council where the Business was transacted by a Seditious Party with such disorderly Heats and Tumults as almost put the great Gregory Nazianzen out of love with Councils whose angry words upon a particular occasion against the abuse of some in his time are peevishly and absurdly applied by our Innovators against the use of Councils in general The Ecclesiastical Abridger almost runs mad for joy of his Satyrical Expressions and though as an Orator the good Father represented his Complaints and Invectives bigger than the life for that is the use of that sort of Eloquence R. B. has pretty well improved it with a scurvy Translation and made it look more like railing than handsom Satyr But what would you have of a meer Abridger of Binius poor Man he never looks into the secret of the Story and the connexion of things but he finds in Binius that such a Council was held such a year and out of him he gives a crude Epitome season'd with some malicious Reflections against the Bishops and so has done But alas if he had but had any insight into the Series of the Story and understood the Mystery of the Eusebian Faction by whom all these Disturbances were raised in the Church it would have spoil'd the Malice of all the Abridgment For whereas his whole design is to load the whole Body of Bishops with the Miscarriages of the Church in all Ages it is evident all along that the Body of the Bishops labour'd against all those Miscarriages that he has ignorantly and maliciously charged upon them and that all those Disorders committed in the Church from the time of Constantine to the time of this present Council were the Acts and Contrivances of some wicked men that crept into the Church by Simony and Court-favour and were enabled to do all that mischief that they did in it in spite of the Opposition of the Good Bishops by the Power of the Eunuchs So that all these Disorders were so far from being the Acts of the Ecclesiastical Power that they were the meer effects of its Oppression And such were these very Men that labour'd to raise this Tumult in the Council as is evident from Nazianzen's own account of them and that in short is this He at first earnestly endeavour'd to perswade them to acquiesce in the former Agreement and to have but a little-Patience in that Paulinus was a very old Man had one foot in the Grave and could not long stand in their way upon the other But he is hiss't down by the factious Party as a Betrayer of the Supreme Prerogative of the Eastern Church that they said ought to be preferr'd above the Western because our Saviour was Born in that part of the Empire For that was the pretence of their Zeal in this foul Matter that Paulinus had been ordain'd by Lucifer Calaritanus a Western Bishop which they will needs have to be a dishonourable Intrusion upon the Eastern Church and therefore in despite to that Usurpation they will set up Flavianus and by their noise and clamour tire the old Bishops into a complyance but Gregory Nazianzen quits the Council through meer indignation and seeing how things were like to go and what troubles he was like to encounter in that great See he soon after resigns his Bishoprick of Constantinople Of which the Faction make their advantage of playing over their old Game for creating a Division between the Eastern and Western Church An Artifice as we have seen first started by Eusebius of
they were exempted by Law And in the year 399 the same Law is repeated with a pecuniary Mulct not only upon the Offender that commits the Crime but upon the Judg that connives at it And in the same year another Rescript is publisht to refer Ecclesiastical Causes to the Ecclesiastical judgment but contentious about Civil Rights to the Secular Courts And there are many more Laws of the same strein in the Imperial Code the meaning whereof is not wholly to limit the Judgment of all Ecclesiastical Causes to the Church and of all Civil Causes to the Secular Courts because most Causes as I have shewn above appertain to both But their plain intention is that Causes purely Ecclesiastical or Offences against the Canons Rubricks and Orders of the Church for the preservation of Peace and Decency or Offences against the Rule of Faith shall be judged by the Church alone and as for civil Controversies they are to receive their decision only from Civil Courts For the final power of Decision is all the Authority that can be used in that case but though the Church has none of that yet it has a Power to judg of the same Actions as far as they concern the Laws of their Religion or as Theodosius the younger expresses it Christianam sanctitatem And though when one Man stands convict of having defrauded another they have not Power to right the Person wronged or to inforce a Restitution yet they have a Power to pass sentence upon the injury as a breach of the Christian Law and that sentence will have its effect So that though they have not a Civil Authority in Civil Causes yet they have an Ecclesiastical that is distinguisht not by the Matter but the Penalty of the Law But the true and proper meaning of these Laws is best understood by the occasion upon which they were enacted and the occasion of this was that the Emperors had impowr'd Bishops to decide Controversies by arbitration and the consent of Parties which they in process of time challenge as their right and derive their Authority for it from Apostolical Law as was done by the African Fathers at this time petitioning the Emperor That if any Persons will choose to have their Controversies decided by the Church according to Apostolical Law and one Party shall appeal from the Award that the Priest who was the Judg shall not be cited to the temporal Courts by him to give in any account or testimony of the proceedings To which Petition the Emperor returns this Law as a just denyal though that neither does nor can take away their Power of Ecclesiastical Censures that they received from our Saviour but of civil Decision that was granted them by the favor and indulgence of Princes and when once they pretended to an higher Commission for it it was but time to clip their pretences But in the year 400 he publisht a very remarkable Rescript in defence of the true power and discipline of the Church against all Appeals from their Sentence even to the Imperial Throne it self Whoever shall be deposed from his Office in the Church by a Synod of Bishops if he shall presume against the modesty of the Church and the Peace of the Empire to resume that Office to himself from which he is deposed he shall according to the Law of Gratian of blessed Memory be banisht an hundred Miles from the City that he infested for it is but fit that he should be banisht their Assemblies who is cut off from their Society And be it farther enacted by the force of this Law That no such Persons apply themselves to our Secretaries to procure our Rescripts in their behalf and if they shall by stealth obtain any all Rescripts granted to such Persons as are deposed from their Priesthood are hereby declared null and void And lastly let such Persons upon whose favor they relie take notice that they shall not escape the punishment due to such as shall undertake the protection of such Men as are already cast by the judgment of God This Law of stopping all Appeals from the Church was of all others most necessary for the preservation of discipline in it and therefore it was always with greatest care establisht by the Canons against all Invasions and observed with the greatest tenderness by all the wisest Emperors And we have seen through the whole series of this History that from the very time that Princes took upon them the protection of the Church the only thing that debaucht and defeated the Efficacy of its Discipline was Church-mens taking sanctuary at Court against the Authority of their Superiors And the mischiefs of this abuse having been so often experienced it was but high time to take it quite away insomuch that the Emperor was pleased to tye up his own hands from untying any sentence of the Church As for the occasion of this Law there are many conjectures about it but I think the most probable is that of Gothofred that it was made at the Petition of the African Fathers who were actually sitting at that time to restore the ancient and effectual discipline of the Church and reform the Abuses and Corruptions that were crept or were creeping into it and so among others implore the Emperor that he would be pleased to stop all ways of appeal to Persons that stood legally condemn'd by the sentence of the Church and to injoin this to all his Officers as they word it interpositâ poenâ damni pecuniae atque honoris And this Petition the Emperor grants with that frankness as to take away this abused Power of Appeals not only from his Judges but himself and damn their Authority by this Rescript once for all and for ever In the year 401 he exempts those of the Clergy that were forced to trade to get a Lively-hood from the payment of all Customs the same Law that was made by Constantius in the year 343. So that it seems the Church was not as yet indowed with sufficient Revenues to maintain it self when some of the Clergy were forced to traffick for bread Thô they were afterward forbidden all manner of Trade by Valentinan the third when it seems the Church was grown rich enough to subsist upon its own stock In the year 407 he not only confirms all the ancient Priviledges and Immunities of the Clergy but he grants them a new sort of Tuition viz. Secular Advocates for the management of all their Secular Affairs but lest by this means the Church should be cheated by these Trustees the Bishops of the Province are required to survey their Accounts This Law was made at the Petition of the African Fathers in the fourth Council of Africa and is extant in their Code Canon 97. And it was done for this end that the Clergy might not be forced to appear in Law-Courts and leave their Functions to follow Law-Suits And this is the first time that Lay-men were taken
yet what he did was by the pretended Authority of Councils but this is the first time that any Prince challeng'd a Power to judg of Faith by his Imperial Authority And as it hapned it was as good a season as the Experiment could have been tryed in when the Tryal fell upon such a Man as St. Ambrose a Man of infinite Courage and Integrity and he has distill'd the very Spirit of both into his Reply the short of it is this Sir I hope I return you a sufficient Answer though I come not to Court upon the Errand that I am sent for neither let any Man judg me contumacious when I only maintain what your Father of blessed Memory was not only wont to say in discourse but to enact by Law That in Causes of Faith or Ecclesiastical Discipline he alone ought to be Judg who is qualified for it by Right and Office He would have Bishops judg of Bishops nay if a Bishop were guilty of Crimes of any other nature he was pleased to refer them also to the Ecclesiastical Judicature But when I beseech you Gracious Sir did you ever hear that Lay-men made themselves Judges of a Bishop in a Cause of Faith No Sir I cannot crouch to so mean a Flattery as to forget my Sacerdotal Trust that I should part with it to any other when God has committed it to my Charge If a Bishop is to be taught by a Laick let the Laick preach too Believe me Sir it is certain both from the Holy Scriptures and the practice of the whole Church that in matters of Faith Bishops are to guide Emperors and not Emperors Bishops Execute if you please your late bloudy Law upon me Ambrose is not so much worth that for the sake of his own poor self he should prostitute not only his own Priest-hood but the dignity of all the Bishops If there be any Controversy of Faith know that it is their business to decide it as was done under the great Constantine who prescribed nothing to the Bishops but left them to their own liberty of Judgment and the same was the practice under his Son Constantius thô what was well begun was afterward perverted For the Bishops agreed upon an Orthodox Faith whil'st some few would have the thing determin'd at Court whereby they at last imposed upon the Bishops who as soon as they understood the cheat recall'd their Sentence and ratified the Nicene Faith This has a peculiar reference to the Council of Ariminum In short Sir if Auxentius desire a Council though it is by no means fit that so many Bishops should be put to so much trouble by the petulancy of one Man who though he were an Angel from Heaven ought not to be regarded if he oppose the Peace of the Church whenever a Council is call'd I shall not absent my self This is the sum of his resolute Answer as far as it concerns my Argument where we see that the Power of Judicature in Matters of Faith was always own'd to be an unalienable Right in the Governors of the Church and was never challenged by any Emperor before this young Prince who was boisterously thrust upoâ— it by the importunity of a furious Woman and her Scythian Priest And they having now begun the Work resolve to go through with open force and for that end procure a Law for the ejectment of Catholick Bishops out of their Churches under Penalty of Death to all those that refuse to resign them and for the first execution of it send a Party to seize St. Ambrose and take possession of his Church But the People defend the Doors The Officers command him in the Emperor's Name to deliver up his Church and the Goods of it At this the People are afraid that he will comply No says he fear not that I cannot forsake my Flock and deliver it up to the Guardianship of a Woolf. If they will dispossess me by force they may carry away my Body but not my Mind I am ready to submit to any thing that the Imperial Power can inflict but as long as I can I must and will discharge the duty of my Priestly Office Why then are you troubled I will never willingly forsake you if I am forced I must not resist I can mourn and weep and pray my Tears are Arms against the Goths these are our Priestly Weapons any other way I neither ought nor can resist And as for delivering up the Goods of the Church he tells the Officers Gentlemen if the Emperor be pleased to command any thing that is my own I would freely present him wiâ—h it but I can take away nothing out of the House of God nor give that away which was only intrusted with me to keep And being often prest to a voluntary resignation this was his constant and peremptory Answer and withal boldly advising the Emperor to beware what he did in seizing the Goods of God and invading the Rights of the Church And thus things stood three whole days St. Ambrose would not deliver up his Church nor the Emperor durst not take it by force And when the Courtiers perswaded him to go in Person and turn him out he replyed I thank you for that for if Ambrose should command you to deliver me up bound into his hands you would obey him and therefore for fear of farther mischief he was forced to desist though by his proceeding so far he brought great disgrace upon himself in so much that the Tyrant Maximus wrote a smart Letter to him to upbraid him with the folly and dishonor of his Attempt it is very well written but sâ—mm'd up in this one short saying Periculosè mihi crede divina tentantur Believe me it is a dangerous thing but to touch the Ark. But this was done in order to his Invasion of Italy to ingage the Orthodox on his side as if he had taken up Arms to vindicate their Cause for the Rescript of Valentinian reacht not St. Ambrose alone but all Churches under the Emperor's Jurisdiction as appears not only by the Rescript it self but by the Tyrants Epistle Audivi enim novis Clementiae tuae Edictis Ecclesiis Catholicis vim illatam fuisse obsideri in Basilicis sacerdotes mulctam esse propositam paenam capitis adjectam et legem sanctissimam sub Nomine nescio cujus legis everti I am informed that by some new Edicts of your Grace force has been offer'd to the Catholick Churches that the Priests have been besieged in their Cathedrals that the punishment annext to the Law is no less than pain of Death and that the most religious Law of the Empire is destroyed under pretence of I know not what new Law of your own And so the next news we hear of the Tyrant is his declaration of open War by which the young unadvised Emperor being in a great distress supplicates St. Ambrose to undertake an Ambassy to disswade the Tyrant from his Design which he frankly and readily
Religion and Loyalty The Second Part. OR THE History of the Concurrence of the Imperial and Ecclesiastical Jurisdiction in the Government of the Church from the Beginning of the Reign of Jovian to the End of the Reign of Justinian By SAMUEL PARKER D.D. Arch-Deacon of Canterbury LONDON Printed for John Baker at the Three Pigeons in St. Paul's Church-yard MDCLXXXV TO THE READER THE Church of England having acknowledged and declared His Majestie 's Supremacy in Causes Ecclesiastical to be of the same Nature and Extent with that Authority that the Christian Emperors claim'd and exercised in the Primitive Church I deem'd it no unuseful piece of Service to my King and Country to inform my self and my Fellow-Subjects out of the Records of those times of our true Duty to the Royal Supremacy And to this end I have drawn up as exact a Chart as my little Skill could reach of the Primitive Practice of the Three first Centuries after the Empire became Christian. Neither have I only Surveyed and coasted the general History but have sounded every part of it and not only described the safe Passages and right Chanels through which the abler Pilots steer'd their Courses but the Shallows the Gulfs the Rocks and the Sands upon which the less Skilful or less Fortunate Shipwrackt their Governments Neither have I presumed to make any Political Remarks of my own but have only observed the Natural and Historical Events of Matters of Fact And by the Experience of 300 years in which all Experiments were tryed we are fully instructed in all the right and all the wrong Measures of Government in the Christian Church In the Reigns of the great Constantine Jovian Gratian Theodosius the Great Arcadius Honorius Theodosius the younger Marcian Leo Justin and Justinian are exemplified the Natural good Effects of abetting the Power of the Church by good Laws and their effectual Execution In the Reigns of Julian and Valentinian we may observe the inevitable Mischiefs of Toleration and Liberty of Conscience In the Reigns of Constantius and Valens but especially of Zeno and Anastasius are to be seen the fatal and bloody Consequences of pretended Moderation or as we phrase it comprehension that indeed unites all Parties but then it is like a Whirlpool into one common Gulf of Ruin and Confusion This is the short account of this Undertaking and the Historical Events of things being withal so very Natural they will of themselves amount to a fair Demonstration of the Necessity of Discipline in the Church and Penal Laws in the State All that I can ensure for the Performance is its Truth and Integrity I have faithfully and impartially perused all the most Material and Original Records both of Church and State and out of them and them alone have Collected the ensuing History and if that prove true and for that I stand bound the Conclusion that I aim at will make it self The CONTENTS SEct. I. The State of the Church under Jovian The Hypocrisie both of the Eusebians to recover their Bishopricks and of the Acacians to preserve theirs in owning the Nicene Faith page 1. § II. Of Valentinian his Edict for Liberty of Conscience The struglings of the Eusebians against the Acacians Their Councils at Lampsacus and Tyana to that end They are defeated by the juglings of the Acacians The dishonest craft of the two Leaders Eudoxius in the East and Auxentius in the West p. 7. § III. The Persecution of St. Basil by the Eudoxians his discourse with the Prefect Modestus Dear to the Emperor Valens Valens himself no Arian but abused by the Eudoxians the deplorable State of the Eastern Church at that time under their Oppressions St. Basil's misfortune in receiving Eustathius of Sebasta to communion The death of St. Athanasius The Heresie of Apollinaris how suppressed p. 27. § IV. The Election of St. Ambrose to the See of Milan The death of Valentinian the mischiefs he brought upon the Empire by his principle of Liberty of Conscience Themistius the Philosopher's Address to Valens in behalf of the Orthodox The Emperor Gratian's Rescripts and effectual Proceedings against Hereticks His restitution of the Discipline of the Church The bounds of the Imperial and Ecclesiastical Jurisdiction briefly stated The great Schism at Antioch occasion'd by Julian's toleration p. 35. § V. The singular care of Theodosius the Great to settle the Church and Orthodox Faith Vindicated in his Institution of the Communicatory Bishops He summons the general Council at Constantinople and confirms all their Decrees by several Imperial Rescripts Wisely forbids all Disputes about Religion Assists the young Valentinian against the Tyrum Maximus and prevails with him to reverse his severe Rescript against the Catholicks p. 55. § VI. Valentinian made the first open breach upon the Power of the Church in taking to himself the Power of Judicature in Matters of Faith St. Ambrose his Sufferings upon that account His Embassy to Maximus his Wisdom and Courage Maximus his Conquest of Italy and overthrow by Theodosius The Stars raised by the Hereticks at Constantinople in the Emperor's absence The method of lying People into Tumults His effectual enacting and executing Laws against them settles the Church in Peace p. 66. § VII His Laws made without the concurrence of the Church for reforming the Abuses of Widows and Deaconesses the disorders of Monks and the Abuse of Church-Sanctuary p. 81. § VIII His Laws without the same concurrence against Manichees Apostates Pagans and in behalf of the Jews p. 89. § IX Of the Council of Aquileia Of the Schism at Rome between Damasus and Ursicinus Of the Schism at Alexandria between Peter and Lucius Of the Schism at Antioch between Paulinus and Flavianus p. 98. § X. The unparallell'd Immorality of the Priscillian Heresie The Prosecution of them by Ithacius justified against Mr. B. they were executed as Malefactors and Traitors not as Hereticks St. Martin's great indiscretion in interceding for them p. 124. § XI The praise of Theodosius against the Calumnies of Zosimns The Laws of his Son Arcadius against the Hereticks p. 152. § XII His Laws of Privilege to the Catholicks The several Laws of Tuition The Law of civil Decision in the Church by Arbitration The Laws against Appeals from the Church to the civil Power p. 167. § XIII His Laws of Reformation of Discipline Against the tumults of Monks the abuse of Sanctuary against the Johannites against Apostates In behalf of the Jews The Laws of Honorius against and for the Jews The Laws of both Emperors under the Title de Paganis p. 180. § XIV The history and design of the Theodosian Code Theodosius his own Novels Of the Parabolani of Alexandria The famous Law concerning the Churches of â—lâ—yricum explain'd together with his other Laws and the Laws of Valentinian the third p. 198. § XV. The History and Acts of the Council of Ephesus against Nestorius and Imperial ratification of the Decreeâ—â—f the Church by Marcian p. 225. § XVI The
the Church by a Rescript bearing date the year 376 that the same Custom should be observed in Ecclesiastical Affairs as was in Civil Causes that Controversies belonging to Religion should be judged by the Synod of the Diocess but all criminal Causes should be reserved to the Audience of the Secular Governors Not to inquire at present into the particular occasion of this Law which Gothofred conjectures was made in the controversy of punishing the Priscillianists with the Sword it is agreeable with the practice of the Empire and so this learned Civilian divides all Controversies into Causes ecclesiastical and political the Ecclesiastical into Controversies of Faith or Discipline these he says appertain to the Church The political are divided into Causes pecuniary or Causes criminal and these he says appertain to the Civil Power This I know is the common state of the bounds of Jurisdiction and has made great confusions in Christendom whilst both Powers contend to keep their own ground and especially since the power over the Catholick Church was swallowed up into the papal Omnipotency what troubles have the Popes given the Christian Emperors for daring to intermeddle with spiritual Matters But this Argument of the bounds of Jurisdiction I shall fully state when I have first set down the exercise of it in matter of Fact and therefore though I need at present only say that it is a dangerous Mistake to divide them by the different Matters about which they are conversant when they are both conversant about the same Matters and unless they are so both of them will be too weak to attain the ends of their Institution Yet because it is the fundamental Mistake on both sides and because I may never come to finish this wide undertaking and lastly because I find it to be the great stumbling block to the wiser and more judicious Men of the Church of Rome I shall here a little briefly consider its consequence The learned Petrus de Marca one of the wisest Writers of that Church affirms and believes the bounds of these two Jurisdictions to be so plainly determin'd by the Matters themselves about which they are imployed that no Man can possibly miss their true boundaries that does not industriously over-look them in that it is so evident that the regal Power extends only to things secular and the Ecclesiastical to things spiritual Whereas on the contrary nothing is more evident than that all Actions are both Secular and Spiritual the same Action as it relates to the peace of the World and the Civil Government of Mankind is of a secular Nature and as it is a moral Vertue and required by the Law of God as a duty of Religion so it is of a spiritual Nature And so on the other side those things that are esteem'd Spiritual yet as they have an influence upon the publick Peace and nothing has a greater they must come under the cognizance of the civil Government So that these Jurisdictions are so far from being distinguisht by the Objects about which they are conversant that they are always both equally extended to the same Objects so as that if we limit either to one sort of Actions we destroy both For to take Matters spiritual in their strictest acceptation and as they are vulgarly understood for the Offices of divine Worship and especially the publick Devotions that are performed by the Sacerdotal Order in the publick Assemblies yet if the Sacerdotal Power reach not beyond this to secular things it can never reach its end for that is to procure the future happiness of the Souls of Men and that very much depends upon their good or bad behavior in the Affairs of this life so that if their spiritual Guides and Governors are barr'd from intermedling in all such Matters they are cut off from the chief part of their Office and what remains will be too weak to attain its end for when Men have been never so careful in all the Offices of Religion yet if care be not taken to regulate the Actions of humane intercourse all their Devotion will avail them very little in the World to come So on the other side when the Civil Power has done all that it can to settle and secure the quiet of the Common-Wealth by the wisest Laws of Justice and Honesty yet if they may not take notice of what Doctrins are instill'd into their Subjects by their Teachers or what divisions or commotions are raised by them in the Church they may soon be involved into disturbance or confusion without any Power to relieve themselves I am not at present concern'd to prove that this is now actually done by any Party of Men it is enough to my present purpose that it is a possible thing to disturb the peace of Government under Pretences or by Mistakes of Religion or to pray and preach Men into Rebellion And if it be so then the consequence is unavoidable that it must be subject to the power of the Civil Magistrate if that be any of its Office to take any care of the peace and quiet of the World But in truth this distinction has been all along chiefly cherisht by the Bishops of Rome since the time of their Usurpation because when they had got all the spiritual Power of the Church into their own hands their next care was to hug and keep it intire to themselves and therefore they confin'd the Power of Princes wholly to Matters of State but as for all things that concern'd the Church they were bound with all submission to resign themselves to his Holinesses Orders and if they presumed to gain-say any of his Edicts though never so prejudicial to their own Affairs it was open defyance to Holy Church and though the Popes never proceeded any farther against him as none of them did till Hildebrand yet that alone was at that time a forfeiture of the Affections of his best Subjects i. e. all those plain and good People that have any real love or value for their Religion And this one thing alone gave the Popes of Rome though they had never proceeded to the scandalous boldness of deposing Princes an absolute Empire and Authority over all the Princes of Christendom And it is observable that they were the high flying Popes that were the chief sticklers for the advancement of this distinction as appears not only from the Collection of Gratian Distinct. 69. where it is largely exemplified but from Petrus de Marca himself warranting the truth of this Doctrin from the Authorities of Gelasius Symmachus Gregory the second Nicolaus the first Innocentius the third who in their several high Contests with the Emperors that indeavour'd to check and bridle their Ecclesiastical Insolence still bid them mind their own business and not presumâ— to meddle with the Church the Government whereof was intrusted to St. Peter and his Successors But their Adversaries have been even with them especially the Erastian Hereticks for what greater Heresy can
those who receive the holy Eucharist without eating it For that was the common Practice of those prophane Wretches that they might avoid discovery to seem to communicate with the Catholiques even in this great Sacrament but that they might not be guilty of joyning in true and real communion secretly to conveigh it away and so turn it into occasional Communion as we call it And to the like purposes are the other Canons The Heretiques being thus condemn'd in Council they make Priscillian the Bishop of their Sect upon which Ithacius and Idacius apply themselves to the secular Magistrate and at length gain a Rescript from the Emperour Gratian to banish them not only from all Citys but out of the Empire it self For the words in Sulpitius extra omnes terras can signifie no less though Gothofred surmises that their meaning reaches no farther than the Territories belonging to that particular City that they inhabited As when any man was banisht from Rome he was banisht an hundred miles from it because so far its Territory or Suburbicary Diocess extended As in the case of Vrsicinus who when he was driven out of Rome was confined to keep at that distance But I would fain know of the learned Civilian where he ever met with this sense and construction of extra omnes Terras when put absolutely though he knows it was a common phrase to express the whole Empire And so it must be taken here for the men were condemn'd to banishment for propagating wicked and debauch't Principles and if that were only out of the Province in which they lived that would be but a means to spread the Contagion over all the Countrey And therefore the Priscillianists upon the Publication of the Rescript were not only forced to quit their own particular Provinces but Spain it self and farther their Prosecutors were not concern'd to pursue them But having quitted Spain they betake themselves to Italy and there endeavour to clear their Innocence to Damasus Bishop of Rome and Ambrose Bishop of Milain but they are so wise as to refuse so much as to see or hear them Upon that they are forced to betake themselves to the standing shift of all Heretiques to buy off the Laws of the Church with the Courtiers And to this end they bribe Macedonius the Magister Officiorum who thereupon prevails with the Emperour to reverse his Rescript against them whereupon they return home with triumph and rebribe Volventius the Governour so powerfully that he forces Ithacius to fly his Countrey Who thereupon betakes himself to Gregorius the Emperour's Praefectus Praetorio in France to whom Volventius was subject as his Vicarius and acquaints him with the disorders in Spain and upon the information he immediately commands his Spanish Vicarius to send the Heretiques to him and in the mean time whilst they were upon their Journey informs the Emperour of all their wicked pranks But all in vain for by reason of the exorbitant power and wantonness of a few men at Court all things were there exposed to sale and therefore the Heretiques after their old custom with a great Sum of Money bribed their old Patron Macedonius to perswade the Emperour to take the cognisance of the matter from the Praefectus Praetorio and refer it back to his Viceâ—rius in Spain Which was accordingly done and a Messenger sent by Macedonius to seize Ithacius and carry him Prisoner into Spain though at that time he escaped his hands In the Year 385. the Tyrant Maximus rebels and overcomes Gratian in France and after his Victory coming to Treives where Ithacius then resided he immediately makes his address to him against the Heretiques who storms at them and immediately commands the Governours of France and Spain to conveigh them safe to a Synod at Burdeaux in which Instantius is deposed But Priscillian appeals from the Judgment of the Council to the Emperour and accordingly himself and all his Partisans are carried before him at Treives where St. Martin being at that time he advises Ithacius to desist from his Prosecution and Maximus to spare their blood because it was more than enough that they were condemn'd by the Episcopal Sentence and deprived of their Churches and that it was a new and unheard of Prophaneness that a Secular Judge should give Sentence in an Ecclesiastical cause In which Advice the good man has betrayed great Ignorance of affairs and great Weakness of understanding Ignorance in that it was so far from being a novelty or prophanness for Princes to enact penal Laws in Ecclesiastical causes after the Judgment of the Church that it was ever look't upon as a piece of their duty to abet it if they approved it with secular Laws and Penalties And weakness in that he thought deposition from their Bishopricks a sufficient punishment for such men as Sulpitius himself says were not worthy to live And if they were not so how could he find fault as he there does with the ill example of putting them to death For they were not proceeded against as meer Heretiques but as Villains and therefore it was a great meanness of Understanding in St. Martin to think an Ecclesiastical Censure a sufficient punishment for such men as had renounced not only the honesty but the modesty of humane Nature and that was their crime as appears by the condemnation of Priscillian For though St. Martyn whilst he continued at Treives kept off their Tryal yet he was no sooner gone than Maximus referr'd the Examination of the whole matter to Evodius of whom Sulpitius gives several Characters here he is vir acer et severus in the life of St. Martin Vir quo nihil unquam justius fuit But before him upon a double hearing Priscillian is convicted of all the Crimes laid to his charge and himself confesses that he taught Doctrines of uncleanness that he kept night-Conventicles with lewd Women and that he was wont to pray naked before them Upon which he is condemn'd And a Narrative of the Proceedings deliver'd to the Emperor Who was so satisfied with the Evidence of the Testimony and so disgusted with the foulness of the Confession that he immediately beheaded Priscillian with some of the Ring-leaders and banisht the rest and he thought the Matter so foul that he had not confidence to express it as he affirms in his Letter to Pope Siricius What discovery was lately made of the wickedness of the Manichees for so the Priscillianists were at first vulgarly call'd not from doubtful or uncertain Suspicions but from their own Confessions I had rather that your Holiness should be inform'd from the Acts themselves than my Mouth because I have not confidence to say such things as are too foul not only to be acted but spoken And I think the most merciful Prince could scarce have been less severe to such a Crew of debauch't Ranters They are the worst sort of Men that turn Religion
Innovation of both was so very notorious But this served the turn well enough against the Adversary as here by this Rescript to Abolish all Innovation the Power of the Bishop of Thessalonica was utterly destroyed and when that was done Atticus having gained the Bishops to his own side by it knew how to do his own work This fires Pope Boniface for as the Rescript was publish't in June so in the March following he sends a Letter to Rufus full of Thundering and Lightning Commanding him in St. Peters name to maintain his Ground and Power against the Attempts of sawcy and pragmatical Innovators exhorting him to defie the Storm and fear no danger after the example of his Master St. Peter who would stand by him and carry him through all difficulties against those Violators of the Canons and the Churches Rights and concludes with a Command to him to disperse the approaching Synod that it seems had been appointed upon the publication of the Rescript because the matter about which they were to consult had been already determined by the Apostolick See And beside this he writes a threatning Letter to the Bishops to submit to Rufus and St. Peter and so he has the confidence to tell them that he was Constituted Head of the Catholick Church by our Lord and so acknowledged by the Nicene Council and therefore whoever divides from him is thereby cut off from the Communion of the Church And yet for all that it grieves him to hear of some that have contrary to the Law of God and the Church forsaken the Apostolical See to joyn with a pittiful Somebody that has no Power at all as they will find by searching the Records of former times And so commands them to repent and return for fear of what may follow and submit themselves to Rufus whose Power was no new thing but as it had been granted by the Ancients so it was to remain for ever or in short as he concludes Cesset novella praesumptio And this is seconded with a longer Epistle to the same purpose And thus did these bold Usurpers with equal impudence lay claim to antiquity on either side when all the World knew the Innovation of both but that was all one to them because it would beat the Enemy from setling in the Possession and then themselves might gain an opportunity of leaping into it Neither did Pope Boniface think it enough to make use of his own Authority in the Case but he engages the Emperor Honorius on his side and prevails with him to write a smart Letter to Theodosius for reversing the late Innovations in Illyricum And that he promised to perform but of its own accord it came to nothing for when two Parties that are both in the wrong contend for a right it cannot be adjudged to either without injustice to a third Party whose real Right it is And thus when these Emperors went about to remove Innovation on either side it lay in both their ways which way soever they moved And how they went on to wrangle from Age to Age for the Usurpation on both sides with the confident Plea of Antiquity and the Precedents of their Ancestors may be seen more at large in Holstenius his Collection my present Business is to discover the true meaning of this hidden Law from the present Contest between Boniface and Atticus which as without it it is not to be understood so by it we understand not only the sense of the Law it self but the foul subreptions of both the Usurpers There remain but two other Laws under this Title Enacted by Valentinian the Third to confirm all Priviledges granted by any of his Predecessors to the Clergy and particularly to Abolish the Act of John the Tyrant who upon the death of Honorius invaded the Western Empire and took away all exemptions of the Clergy from the Secular Courts for which Gothofred suspects him to have been an Arian though without any other ground then this that it had been the constant Custom of the Arians to take Sanctuary at Court against the Church under bad Reigns but whatever he were his Law is here Cancelled by this Emperor then but a Child and upon a very childish reason that it was not lawful that the Ministers of God should be subject to the Judgment of Temporal Powers which is such a Contradiction to all the Doctrines of the Fathers and to all the Laws of the preceding Emperors who in all their Rescripts declared all such Grants of Priviledge to be meer Acts of Grace and Favour that this Rescript could be nothing else then the subreption of some Clergy-man who taking advantage of the times the Child-hood of the Prince then not above 7 years of Age the weakness of a Woman his Mother Placidia who then Governed all but chiefly from their fears under their late great distress to which they were reduced by the Tyrant took this opportunity of enhancing the Priviledges of his Order to the claim of a Divine Right I know Gothofred would soften this Law as if it referr'd only to Ecclesiastical not to Civil Causes first because in his 12th Novel afterwards he made that distinction That is to say as he grew older he grew wiser and so corrected this childish Over-sight but otherwise the reason given for this Law is general that it is not fit that the Ministers of God should be answerable to Secular Powers Secondly that the Tyrant had removed all Causes Ecclesiastical as well as Civil from the Church to the Secular Courts which he infers from the word Indiscretion But if we will stand to the Practice of the Empire this Law can relate only to Civil Causes notwithstanding that ambiguous word for Ecclesiastical Causes were all along left to the Church either in pretence or reality but Civil Causes reserved by some Emperors to their own Courts and by some granted to the Judgment of the Church it self as an Act of Favour and therefore it must be understood of the Cancelling of these Acts of Grace by the Tyrant when the same favour is restored especially when back't by that general reason that it is not fit that the Ministers of God should be accountable to the Secular Powers because by the Practice of the Empire they were not for the dâ—scharge of the Ministerial Offâ—ce and therefore this Law cannot relate to their duty as Priests but as Citizens to refer them in all such Causes as some former Emperors had out of kindness done to the Ecclesiastical Judicature All the Laws of these Emperors under the following Titles are scarce any thing else then the Ratifications of the Rescripts of former Emperors especially of Theodosius the Great and his Son Honorius against the small Remainders that were left of Hereticks Jews and Heathens And as for the Hereticks in particular they were reduced to an inconsiderable handful of Men never able to make any Head against the Catholick Church that was never after this time
with Petitions on one side for abrogating and on the other for confirming the Council of Calcedon The Emperor considering of the Matter refers it to the Judgment of the Church and being unwilling to put the poor aged Bishops to the tedium of long Journeys for assembling in Council he takes a more compendious but no less effectual course directing his Letters to all the Metropolitans of the Christian Church within the Empire requiring their impartial Judgment of both Controversies without fear or favor or ill-will having only the fear of God before their Eyes and as they would one day answer it to the divine Majesty viz. the Ordination of Timotheus Aelâ—rus and the ratification of the Council of Calcedon And this brought forth that famous volume of Encyclical Epistles that make up the third part of the Council of Calcedon and that are so often and so much commended by the Ancients Liberatus Facundus Hermianensis Evagrius Victor Tunonensis and Cassiodorus at whose perswasion as himself informs us Epiphanius a learned Man translated them into the Latin Tongue and that is the only Copy of them that is now extant An excellent Collection it is of Ecclesiastical Antiquity and a true representation of the ancient Unity and Communion of the Catholick Church without the formality of a general Council The Authority of the determination is the same consisting in the Concord of Bishops and the Resolution it self much more easie and expedient For it required much time and expence to assemble Councils it put infirm old Men to long and tedious Journeys it rob'd most Churches for a time of their Guides by the absence of their leading Prelates whereas by this way of Encyclical Correspondence the dispatch was equally speedy and effectual For the Result of all their Answers was the approbation of the Synod of Calcedon and the deposition of Timotheus there being but one Dissenter and he but half an one and that was Amphilochius Bishop of Sida who at first disallowed the Council of Calcedon but earnestly pâ—â—ss't the deposition of Timotheus thô witâ—â—n a little time he was brought to subscribe the Council as Eulogius Bishop of Alexandria reports who withal says that there were no less than one thousand six hundred subscriptions return'd to the Emperor which if true it is a much greater number than all the four General Councils put together amount to Upon this transaction the Remarque of Facundus is very smart and acute Behold here the true Liberty of the Church in those days when the most Christian King did not overâ—aw the Priests of God with his temporal Power but on the contrary arm'd and warn'd them against all such fear by the over-ruling fear of God Neither did he suggest any thing of his own thoughts lest it should be suspected that their Answer was suited to his Royal Will and this he did not only out of respect to the Discipline of the Christian Church but because he very well knew that no forced Decrees were of any Authority in themselves for when a Sentence is forced it is not his Sentence by whom it is pronounced And the cause that carries it gains nothing by it but the advantage lies on the side of the Party condemn'd for it is evident that he was not at liberty to judg aright whose Judgment is forced for a forced Judgment is none at all And therefore this Emperor of blessed Memory preserved the Peace of the Church because he would not presume to establish any Doctrins by his own Authority and usurp that Power that is proper to the Priesthood alone Whereas had he prescribed to the Council and they meerly lacquied to his instructions it is evident that one Lay-man that was no competent Judg of those Matters really pass't the judgment and not those who were the only proper Judges of the Cause And withal he very well understood that forced Councils never came to any good effect as the Council of Ariminum under Constantius and the false Council of Ephesus under Dioscorus And therefore though himself could have pass't a right sentence yet he would not because he would not render the Sentence of the Church suspected and by that means evacuate its Authority But as the whole Eastern Church agreed in this business so no Man was more active not to say more imperious in it than Pope Leo who was ever for carrying all things through with an high hand and having raised himself to the height of Authority resolved to keep it up For it was no small point of Grandeur that he gain'd when he procured that his own private Epistle should be imposed upon the Catholick Church and made equal with the Decrees of General Councils But that which advanced him to the top-round of Power was his signal Victory over Constantinople and the Eastern Bishops when he forced them to eat and reverse their 28 th Canon made Anatolius submit and beg his pardon brought the Emperor Marcian himself almost upon his Knees and forced him to renounce his own Imperial Rescript thô made in favor of his own Imperial City This great success could not but swell his mind that was already but too great of it self and thereupon he takes the supreme and indeed single management of all things into his own hands And when no Man no not the Emperor himself dares withstand his Commands so severe and peremptory were they that for a good time he kept the Eutychian Cause sufficiently low and humble And to say the truth setting aside his by-design of advancing the Grandeur of his own See he acted nothing that was not only warrantable but justly praise-worthy For when once a Controversie is decided by the Authority of the Church no Christian Bishop can be too vigorous in his proceedings against all thâ—t refuse submission to the Decree Here Peace and Government lye at stake as well as Truth and unless they are preserved the Church is lost and the Society dissolved into meer Tumult and Confusion Whilst Controversies are on foot and have not received the Judgment of the Church we may allow Men to be moderate or eager in their Disputes about them according to the variety of their apprehensions or natural Tempers But after the Church has interposed its Authority there all moderation is at best but Treachery and the Reverence due to its commands will call forth every honest Mans utmost zeal in its defence And that was the case here that the Eutychians moved for a review by a new Council No says Pope Leo that were to offer an Affront to the Authority of the Church in the great Council of Calcedon and instead of putting an end to Schisms and Contentions to make them perpetual for the humor and pleasure of every peevish talker Nam cum nihil sit convenientius fidei defendendae quà m his quae per omnia instruente spiritu sancto irreprehensibiliter definita sunt inhaerere ipsi videbimur bene statuta convellere et
of Constantinople and the Queens Favourite at the instigation of Pope Agapetus for suspicion of the Eutychian Heresie and after that to confirm the Decree of the Council under Mennas against him by adding Banishment to his Deposition And being now upon a design of publishing a Rescript against the Acephali in behalf of the Council of Calcedon upon this Theodorus a friend to Eutyches as well as Origen having insinuated himself into the Court by the Empress and being endeared to the Emperor by his great Officiousness partly to be revenged of Pelagius for the Affront to his Master Origen and partly to divert the good Emperor from his Design against the Acephali craftily perswades him that he might spare his Pains and reconcile them to the Council at a cheaper rate If three Offensive things were taken out of its Acts i. e. if the Writings of Theodorus Mopsuestenus Master to Nestorius if the Epistle of Ibas Bishop of Edessa to Maris Persa and if the Book of Theodoret against Cyrâ—l's Anathema's might be condemn'd of Heresie though they had been absolved by the Council The Motion was plausible to the Emperor and he thought it a very easie Method to reconcile all Parties only by suppressing the Writings of two or three private Men so that the Authority of the Decrees of the Council it self stood unshaken as before for though the Council did not condemn yet it did not commend but onâ—y acquit them and therefore it was not directly concern'd in their suppression And Theodorus finding that by this Device he had decoyed the Emperor into his snare that he might secure him from a Relapse prevails with him in the absence of his Rival Pelagius who was then at Rome to publish an Edict of Condemnation by his own Authority but drawn up as Facundus Hermianensis tells the Emperor not by himself but Theodorus and his Accomplices that so having once publickly appear'd in the Cause that would be an obligation upon him to persevere in it against all opposition otherwise he understood the gentleness of his Temper so well that when he saw the Mischiefs and Inconveniences that follow'd upon it he would quit the Cause and leave them in the lurch to answer for their Affront to the Council of Calcedon And the better to secure themselves the Edict was as craftily composed as it was contrived All the Councils were confirm'd all the Heresies of all denominations condemn'd only in the tail of all these three particular Authors were apocryphised And that the good Emperor's design was meerly Peace and Concord is very observable from the conclusion of all Si quis igitur post ejusmodi rectam confessionem et haereticorum condemnationem salvo manente pio intellectu de nominibus vel syllabis vel dictionibus contendens separat se à sanctâ Dei Ecclesiâ tanquam non in rebus sed in solis nominibus et dictionibus positâ nobis pietate talis utpote dissensionibus gaudens rationem pro semetipso et pro deceptis et decipiendis ab eo reddet magno Deo et Salvatori nostro Jesu Christo in die Judicii By which it is evident that the Emperor accepted the Model after the security and settlement of the Christian Faith against all sorts of Hereticks as the only remedy expedient at that time against contention and curiosity without any design against the Council of Calcedon or any other determinations of the Church but on the contrary rather with a religious and intire submission to their Decrees and for this reason it is approved and subscribed though not without reluctancy by all the four Eastern Patriarchs and most eminent Prelates of the Eastern Church Whereas on the other side the Western and African Bishops concluded it a direct reflection upon the Wisdom and Authority of the Council it self to condemn those Writings of Heresie that it had upon a fair Trial acquitted And thus by this unhappy Legerdemain of that false and jugling Man Theodorus under which the Emperor suspected no ill Design instead of finishing the settlement of the Church after so fair a progress that he had made in it for it was he that govern'd and manag'd all things in his Unkle Justin's reign he brings all things back into the same Tumult and Confusion into which they were brought by the Henoticon It was but a slite and a very remote breach as one would think upon the Churches Authority yet it broke down all Bounds of Discipline and Government that it seems is a thing so tender that it can endure no tampering and unless it be made sacred and inviolable it loses all its force And so this great Emperor after this slite Wound in a matter in which it was so little concern'd could scarce make it up again by the Authority of a General Council Though I must confess that the occasion of raising the Quarrel so high was the turbulent spirit of Pope Vigilius who as he was guilty of all other Wickedness exceeded in Pride as appears not only from the Historian but the Sentence of Excommunication against him by Pope Silverius in the time of that Popes banishment Quippe qui nequissimi spiritûs audaciâ ambitionis phrenesin concipiens in illius Apostolici Medici cui animas ligandi solvendique collata et concessa potestas est versaris contumeliam novumque scelus erroris in Apostolicâ sede rursus niteris inducere et in morem Simonis cujus discipulum te ostendis operibus datâ pecuniâ meque repulso qui favente Domino tribus jam jugiter emensis temporibus ei praesideo tempora mea niteris invadere That by the instigation of the Devil being mad with pride he rebell'd against St. Peter and his Authority committing a new and unheard of sin in the Apostolick See it self and following the example of Simon Magus whose Disciple he shewed himself to be by his works by purchasing my Bishoprick with Mony and expelling me out of it for these three years And if we may believe the angry Africans he bought the Apostolick See of the Empress Theodora whose Creature he was and procur'd the banishment of Pope Silverius by forging treasonable Letters to the Goths in his name and when Justinian suspecting some Abuse recall'd him home this wicked Man caused him to be murther'd by two of his own Servants So that it is a just Character that is given of him by Baronius himself Cedit huic Novati Impietas Pertinacia Vrsicini Laurentii Praesumptio ac denique aliorum omnium schismaticorum Antistitum superbia artogantia atque facinerosa temeritas c He out-stript Novatus in wickedness Vrsicinus in stubbornness Laurentius in impudence and all Schismaticks that ever were in pride insolence and presumption But however by a train of wickedness mounting himself into the Apostolick See according to his Simoniacal Articles with Theodora he enters into league with the Henotical Bishops sends an Encyclical Letter to them extant in Liberatus to assure them that
not to say a greater only to avoid envy a Benefactor to Mankind as any Prince in the whole Succession He delivered Christendom from the Incursions of the Barbarians and when he found it not so properly invaded as besieged and in a great measure possest by them he not only subdued them all to the Empire but which was a much greater work to Civility and the Christian Faith and by that means he left the Peace of the World much better secured and its manners much more improved then they were before His next Improvement of the Creation were his numberless and prodigious Buildings by which he lest the World more habitable then he found it neither do I speak meerly of that vast number of great Cities that he built but of his great care to make Commerce easie and pleasant and remove the difficulties of travelling by building Bridges making High-ways founding Publick-houses for the reception of Strangers in all convenient places in these kind of works he was so munificent in all places that he might not improperly be stiled the Founder of the Roman Empire that as it were turned those vast Dominions into one City A Third Benefit to Posterity is his excellent Body of Laws and Rules of Government gathered out of the Records of that wise State for about 1300 Years A work so glorious in it self that it had been often attempted by the greatest men not only those of the more ancient Common-wealth but of the most polite and emproved Age it entertain'd the ambitious thoughts both of Caesar and Cicero But in vain so great a work was preserved for the glory of Justinian and though if we consider the remote Antiquity of the Laws the seeming inconsistency among themselves and the immense bulk of Books and Records in so long a Tract of time the undertaking must have seem'd an impossible thing to any other man yet he pursued it with that diligence as to bring the greatest work that was ever undertaken to perfection in a little time Now for all these good Deeds that he has done to all Posterity I think no man that pretends to any thing of gratitude or ingenuity can excuse himself from the obligation of doing honour but much more right to his Memory But beside all this his Cause is become the Controversie of all Christendom because the Power that he challenged and exercised in the Christian Church for which he is so much condemned by the Court of Rome is one of the inseparable Branches of Soveraignty and was always challenged by all Christian Emperors so that if the Princes of Christendom should suffer themselves to be stript of it they are thereby outed of one half of their Empire And the true rise of the Court of Romes displeasure against him was not upon the account of any of his own Actions but a late Contest viz. The Famous Quarrel between Paul the 5th and the State of Venice as Eusebius has very well observed about these three Articles 1. The Power of the Civil Magistrate to judge the Clergy in Criminal Causes 2. The Decree of the Senate to prohibit the erecting of new Churches or Religious Houses without the Consent of the State 3. Their Statute of Mortmain against settling Lands upon the Church without the same Consent How high this Quarrel run is vulgarly known but it was so managed by the Learned Men that appeared in behalf of the Senate as to refer its whole decision to the Justinian Law whereas the Pope on the contrary challenged a Superiority over all Laws and would submit to no Rule but his own Authority Now the reason why the Venetian Advocates insisted so stubbornly upon the Justinian Code was not only for the advantage of those several Precedents that we have seen above to warrant the proceedings of the State in the several matters of the present Controversie but chiefly because the Code of the Canons of the Universal Church were taken into the Justinian Code and made part of the Imperial Law and if they could but bring the Pope any way under the Canons that would carry their Cause for it not only proved in behalf of the State that the power of prohibiting Ecclesiastical Laws to be imposed upon their Subjects without their Consent was a right challenged by all Christian Princes but own'd by the Church in the General Councils it being the known Custom of the Fathers to send their Decrees to their Imperial Majesties for Approbation before they presumed to publish them to the World or impose them upon the Church This is the Argument insisted upon by Jacobus Leschasserius a Learned Civilian at Paris in his Apology in behalf of the Senate who recommends the Justinian Code as the Bull-wark of the Liberties of Christendom And this little Treatise first gave the hint to Christophorus Justellus to publish the Code of the Canons of the Universal Church Now when the Court of Rome had for so many Ages been used to an absolute and unlimited Authority it could not but gawl and fret their proud Spirits to hear of being brought into subjection to Imperial Laws and for that reason they set themselves with all the Arts of Malice to beat down the Credit and Reputation of the Justinian Code till at length from his Laws they proceeded to vent their Revenge upon his Person and that was the thing that gave so much joy and transport to Alemannus his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that now the World might see what kind of man this Justinian was who was so prophane as to take upon him a power of medling with Sacred Things and controuling Popes themselves But the indignity of so base a design soon provoked Learned Men to expose it to the World with that scorn that it deserved The first that appeared in the Cause that I know of was a Learned Man of our own Nation in the Year 1626 viz. Dr. Rive Advocate to his late Majesty a Gentleman equally eminent both for Learning and Loyalty in a little but a very ingenious Treatise upon the Argument Entituled Imperatoris Justiniani desensio adversus Alemannum The Book which is great pity is hard to be procured neither indeed had the Learned Author the advantage of some considerable Records that are now brought to light and though he was a Learned Man not only in his own Profession but all other Polite Learning yet I find that he was not so well acquainted with the Records of the Church as to be able to state that matter aright And therefore he is altogether mistaken in that part of his defence especially as to the Controversie of the tria Capitula but he followed the common opinion as it was stated by the Romanists against the Africans as I think all Writers have done to this very day But otherwise he has with great eloquence and strength of reason cleared the reputation of this great Prince from all their dull and dirty aspersions and Convicted the whole design of