of the old Religion in the day time and openly This political regard was one grand motive for the permission of the open practise of all Religions that so their vanity or impiety might be notorious to all Besides hereby they prevented all private complotments against the State all practices that were bestial or repugnant to Morality Nihil est scil velandis fraudibus sceleribus tam idoneum quam privatae amicitiae privatique congressus qui merito dominantibus suspecti Nam ab nullo genere non aeque summum periculum est si coetus concilia secretas consultationes esse sinas quod Cato apud Livium lib. 34 dicebat Sic olim jam prospectum Nequa sacra fierent in operto Livius lib. 39. Sic Tiberius ut Suetonius memorat cap. 63. Haruspices Secreto sine testibus consuli vetuit Hinc est igitur ista nunc Sacrificiorum c. Nocturnorum prohibitio nempe quia seeleri favere tenebrae videntur Unde illa apud Horatium improba vota Noctem peccatis fraudibus obiice nubem Notumque illud Prudentii Nec teste quisquam lumine Peccare constanter potest Item Tacitus lib. 14. Quod perditissimus quisque per diem concupiverit per tenebras audeat Eaque ratione fingunt Poetae Noctem generasse dolos fraudem mendacia Constantine having thus prohibited all private Cenventicles and secret Meetings and impowred those of any Religion or Sect publickly to profess and hold their Assemblies for divine worship and mutual instruction the Empire yields us this prospect of affairs The old Religion or Heathenisme continued in its former lustre the Temples Revenues Pontifical Offices and Solemnities all or most remained in being and under the Protection of the Emperour as appears by a multitude of Laws in the Theodosian Code All the great offices of the Empire in the Senate and Armies were equally to be communicated unto them and the Christians The Jews were in a very flourishing condition under their Hierarchy of Patriarchs Primats Presbyters and Rulers of Synagogues All which were by Constantine exempted from all personal and civil charges which carried much of trouble and expense and were unsuitable to their Function As to the Christians it is most certain that all Sects had their liberty of Profession and their particular Church-Governments under their Bishops c. So that in 325. when Constantine did summon a general Council at Nice against Arius the Writers of the Eastern Church do avow that there convened 2048 Bishops of several Sects who having tendered their Confessions apart unto the Emperour he fixed upon that of the 318. perhaps not all Bishops and those composed that Council and enacted its decrees whereunto the Primitive Emperours and Fathers so often refer themselves As to those that were Schismaticks and Hereticks of separate Churches amongst the Christians of those times the Emperour Constantine did thus demean himself Whereas the Laws of the Empire during his Predecessours had not exempted the Christian Clergy from the trouble and expense of civil Offices Constantine did free the Catholick Clergy from that burthen leaving the Hereticks subject thereunto many of which Offices were such as any Christian could hardly comply with as the attendance upon and defraying of the lustral Sacrifices the Watch and Ward for the Security of the Pagan Temples The discharge of such employments did contribute very much to the overthrow of the Schismaticks and Hereticks who had not the opportunity thereby either to qualifie themselves or to mind their Churches or to avoid many evident Scandals which the Catholicks enjoyed Whereas the Christian Churches under His Predecessours were incapable of any Legacies or publick endowments by the Imperial Laws He continued the said Hereticks under those Laws and made the Catholick Churches exempt from them The Lands which were given either by the Emperour His Mother Helena or the Charity of others unto the Catholick Churches were exempted by Him whilest the Church was poor for when it seemed rich enough neither was this priviviledge valid nor could it receive Legacies from Widowes c. from Taxes and Tributes As it was His care that the Catholick Bishops should be men of sound doctrine and exemplary life and charity so did He likewise provide that they should be universally reverenced by His Officers throughout the Empire Their Bishops their Presbyters their Churches were mentioned with peculiar Elogies and veneration in all imperial Decrees whereas the Hereticks were either simply named or with an addition of detestation and infamy And after that the Nicene Council had reduced the Church into some form under a special regulation and distinct Creed in opposition to the Arians then did Constantine by this general Law exclude all Sectaries and Hereticks from participating of those priviledges which were granted unto the Catholicks and the followers of Meletius and Arius were particularly aimed at in the Constitution who till then had enjoyed the priviledges due to Catholicks Cod. Theodos. lib. 16 tit 5 lege 1. A. D. 326. Those Priviledges which are indulged upon the account of Religion ought to avail only such as adhere unto the Catholick Law It being our will and pleasure that the Hereticks and Schismaticks shall not reap any benefit thereby but be also liable unto several Duties and Offices Notwithstanding the precedent Decrees it is but equitable that I inform the Inquisitive Reader that the force of them did not extend unto the Sèct of the Novatians These were a sort of Schismaticks who about the Year 250. did separate from the Catholicks as having generally Apostatized and Lapsed unto Paganism during the Persecution under Decius They were of the number of those which had been Martyrs or Confessors in those Calamitous times and would not Communicate with nor be ordained by those Bishops of Italy who had Revolted from the Faith and were Returned again and Admitted of others that had Lapsed upon easie terms They had an Hierarchy of Bishops and Presbyters within themselves derived from those that had not Apostaztied They were very severe in their Discipline for they did exclude from their Communion though not from hopes of Mercy with God such as did fall into Apostacy or other enormous Crimes They called themselves Cathari or Puritans and their followers such as continued in the obedience of the Gospel They were strict in their Conversation Oxthodox and Zealous in their Religion but so averse from the mixt Congregations and the relaxed Discipline of the Catholicks that they Rebaptized such as came unto their Churches from the Communion of the Catholicks Yet so great a respect had Constantine and the Nicene Fathers for this Sect that a Bishop of theirs Acesius had his place in that General Council and a Canon was there made whereby such as came over from them unto the Catholicks should immediately be admitted to Communion according to the Ranck they held during their Novatianism as Laymen Presbyters
or Bishops And Constantine in the year following that Council made this Decree in favour of them Cod. Theodos. lib. 16. tit 5. lege 2. We have not found that the Novatians have been so absolutely condemned heretofore as that we should not grant unto them their Requests We do therefore Enact that they shall without Let or Molestation possess the Meeting-Houses appertaining unto their Church and their Burying-places That is such as they have either Bought or otherwise acquired to themselves since their Separation But care ought to be taken that they do not Usurp any of those which before their Schism did appertain unto the Churches retaining a perpetual Sanctity Given at Spoletum on the Calends of October Constantine A. 7. and Constantius Coss. 326. The Sect of the Novatians began abont Eighty years before this Law and upon their Separation they did Build to themselves sundry Churches Oratories and Caemiteries or Burying-places By reason of the Law against Hereticks and Schismaticks already recited some began to disquiet the Novatians in the Possession of those Places for Publick Worship which they had Purchased by ready Money or other Legal Titles as if they were declared Hereticks and known Schismaticks It is true that Eusebius doth produce a Law of Constantine wherein the Novatians are mentioned first before Valentinians Marcionists and Paulians and the Assemblies of them and of all others that Separate from the Church are Prohibited The same is Recorded by Sozomen And it is apparent that they had been condemned by Cornelius Bishop of Rome long before and others The Nicene Council seemed to have determined them to be Schismaticks and the Emperour himself in that Council did testifie unto Acesius when He there defended his Separation how much he disliked them But yet Constantine could not find that these Novatians were so rigorously to be censured or condemned as that they should be deprived of their publick Churches and Caemiteries And with this doth Sozomen agree who having compared the usage which the Hereticks met with under Constantine he expressly says That their condition was not so bad as that of the other Hereticks and that the Law of Constantine was not executed against them Their Rulers being men otherwise of peaceable Spirits and unblameable Lives and being Orthodox as to the Christian Faith they received no great prejudice by that Imperial Constitution Especially since it was not the intention of Constantine rigorously to put in Execution that Penal Law but only to shew his regard for the Catholicks and his aversion from Herefie and Schism as also to terrifie the Fanatical Factious and Turbulent whilst he willingly suspended all severe proceedings against the Consciencious and Moderate such as Acesius and his followers were In these proceedings of Constantine the Great we may observe sundry things which carry a parallel to the Intentions and Procedure of his Majesty 1. The General Declaration for Liberty of Conscience 2. The Prohibition of Private and Clandestine Conventicles 3 The Reservation of all publick Revenues and Endowments untothe Catholicks 4 The declaration of hisspecial favour unto and designs of the promoting of the Orthodox Catholicks 5. Upon the known wickedness of certain Sects as the Valentinians Cataphryges c. which couldnot have been evident but by giving them an open Toleration at first His Penal Laws against Schismaticks and Hereticks indefinitely he reckoning the most Orthodox of Schismaticks with the most Vile and Profligate Hereticks 6. His Relaxation and Suspension of all those Penal Laws as to the Novatians yet withall declaring that their Separation was a Discidium or Schism That the Catholicks or Orthodox Churches were Ecclesiae perpetuae Sanctitatis 17. That they should not attempt any way to possess themselves of the Pulpits or Churches of the Catholicks This was the posture of Religion in the time of Constantine the great in whose Reign we have nothing further to consider besides the great progress of the Orthodox Church and the decay of Paganism and Heresies unless it be some rigorous proceedings of His against the Donatists and Arians The Sect of the Donatists began about the year 311. The People of Carthage had elected into their Bishoprick which was vacant Caecilianus who was ordained by one Felix The Primate of Numidia called Secundus was greivously offended that Caecilianus had been consecrated by any but himself and joyned with many other Bishops to depose Him for that He had been ordained by some who had delivered up their Bibles in the Diocletian-persecution and that He being a Deacon had prohibited Victuals to be brought unto the Confessours in Prison Seventy Bishops agreed upon His condemnation elected and ordained Majorinus Bishop of Carthage and renounced all Communion with Caecilianus who refused to appear and vindicate himself before them Hereupon arose a great Schism in Africk and the People of Carthage divided against their Bishop Caecilianus The Proconsul Anulinus informed Constantine thereof who remitted the Examination and Decision of the matter unto a Council at Rome There Caecilia us was acquitted and communicated with the Roman Clergy The Donatists will not be concluded by this Arrest the Emperour refers the tryal unto the Gallicane Bishops at Aâ—…les These likewise acquit Caecilianus and receive him into their Communion The Donatists would not thus be satisfied whereupon the Emperour being angry commands both Parties before Him at Rome The Donatists did appear but Caecilianus failed Whereupon the Donatists desired that he might be sentenced as guilty But the Emperour did refuse to comply with them therein commanding both Parties to appear at Millain The Donatists hereupon concluded that the Emperour was partial in the Case and some of them withdrew from Court into Africk the rest were seised upon by the appointment of Constantine and reserved as Prisoners until the Audience at Millaine Upon a mature hearing of both sides Constantine pronounced Caecilianus to be innocent and the Donatists to have calumniated Him Those Schismaticks were very angry at this judgment of the Emperour and railed upon Him as corrupted by the insinuations of Hosius a Bishop much reverenced by the Emperour and a Friend unto Caecilianus Those which had fled before unto Africk defamed the Emperour and those about Him and such tumults were raised in those Parts as that the civil Peace was endangered and Domitius Celsus together with the other Imperial Officers found it difficult to allay those Seditions The Orthodox Clergy being perpetually affronted injured and oppressed by the numerous and prevailing Donatists fled unto the Emperour for protection who writ unto all the Catholick Bishops and People this Letter Constantine Aug. unto all the Bishops and People appertaining unto the Catholick Church in Africk YOu understand very well that I have done all things that our Faith requires our wisdom could and our purity enabled us to do by way of moderation and amicable means that according to the Precepts of our Law the holy Peace
was to be seen an Orthodox Bishop sometimes two as in the Schisme of Meletius and Paulinus at Antioch an Arian Apollinarist and Macedonian Bishop All of them having recovered the Churches which had been taken from them Some of the Catholick Bishops are famed for their condescension and desire of Peace and Unity in that they proferred unto the Arian Bishops who were possessed of the great Churches and Revenues that if they would consent unto an union of Congregations worship the Church should be jointly administred by both the Arians retaining the Precedence The Goths notwithstanding this Indulgence did so far prevaile as to over-run Thracia Scythia Mysia even as far as the Gates of Constantinople and Gratian found the Western Empire so unsetled by reason of the Almans that he could not attend unto the Wars of the East nor yet intrust the young Valentinian with such a burthen Hereupon He made Theodosius his Co-partner in the Government and sent him unto the East reserving unto himself the Government of France Spain and Britaine and unto his Brother Italy Illyricum and Africk in the year 379. Theodosius was no sooner acknowledged Emperour but he marches against the Enemy and in Macedonia gains sundry Victories over them and teturns triumphant in the end of 380 unto Constantinople where he finds that the principal Churches and their Revenues were at that time and had been so during 40 years possessed by the Arians and so were almost all the Churches of the East whilst the Catholick Bishops exercised their Religion in obscure Conventicles Theodosius was a Spaniard descended from Christian Parents educated in the Nicene Faith and baptized by Acholius or Ascholius a most holy and worthy Bishop at Thessolonica zealous for the same Doctrine The Emperour determined to cause the Council of Nice to be universally received in the East but considering how long those Heresies had infested those Countries how numerous and potent the Hereticks were the splendour and riches of the Arian Churches the magnificence of their Service and the poverty of the Catholicks he thought it most prudential to proceed by degrees and not to attempt so great a work at once The bloody battels which he had fought the conquests which he had made over those barbarous Goths Huns and Alans had gained him the affection of the Souldiery and general Love of the Country The glory of his exploits had imprinted awe and reverence for him in the most remote parts and any Declaration from such an Emperour would have great influence on the minds of men Whereupon he published this Manifesto Cod. Theodos. lib. 16. tit 1. lege 2. The Emppp. Gratianus Valentinianus and Theodosius A. A. A. unto the People of the City of Constantinople We will and require that all those People who are Subject unto the moderate Government of our Clemency should profess and live in that Religion which the successive Tradition unto this day shews to have been at first taught the Romans by the Apostle St. Peter and which it is evident that Pope Damasus doth adhere unto and which is owned by Peter Bishop of Alexandria a person of Apostolical Sanctity That according to the Apostolical discipline and Evangelical Doctrine we may all beleive the Unity of Godhead together with the equal Majesty and sacred â—…rinity of the Father Son and Holy Ghost They that follow this Creed we commanded to assume constantly the name of Catholick Christians but those others extravagant and mad Fellows let them be accounted infamous Hereticks Let not their Conventicles be termed Churches and let them expect due punishment from God in the first place and in the second place from Us according as divine Providence shall direct our Counsels Given at Thessolonica Gratian V. and Theodosius 1. A. A. Coss. Anno Dom. 310. This being promulgated He went to Constantinople and there sends to the Arian Bishop to perswade Him to re-establish the Union and concord of the Church by Subscribing unto the Nicene Creed but Demophilus refusing to Conforme the Emperour commanded Him since He would not leave His Factiousness to leave His Church A. D. 380. The which He did and retir'd into the Suburbs where the Arians ever after as long as they continued did hold their Assemblies After this the Emperour resolved to call a Synod at Constantinople and to essay if He could by parties draw off the Sectaries and Hereticks unto the Catholick Church whereupon He most amicably invites 36 of the Macedonians Bishops thereunto and 150 Catholicks The difference between the Macedonians and Catholicks did not seem great or irreconcileable and they were Men of a Mortifi'd life and popular Sanctity But they declined all accommodation Whereupon He issued out a Decree forbidding any Sectaries or Hereticks to retain any publick Churches or hold any Meetings within any City A. D. 381. But that all Churches there should be surrendred up to the Catholick Bishops By his order a second Convention of Bishops was held and strict orders were given for the observation of the Ecclesiastical Canons and such persons were the Bishops He chose for their exemplary life sound doctrine and pious government that the People and generality reverenced them and were readily disposed to follow such men in the true Faith and most expedite way to the Emperours favour honour and riches After this He made another Essay to unite the several Sects and Heresies into the Catholick Church but the project succeeded not Whereupon He made several rigorous decrees against them forbidding them to Ordain any new Bishops to hold any Assemblies in City or Countrey Depriving them of the Franchises of Citizens and of the liberty to make any Wills or Testaments and in a manner Out lawing them But these Lawes were by Him suspendâ—…d and not put in execution For it was the method of Theodosius to enforce His Lawes with grievous penalties but not to execute them He did not intend to Persecute His Subjects but to affright them into the same Sentiments with Himself concerning the Deity And He did particularly commend those who voluntarily did embrace the Nicene Faith For the truth of this Assertion let us consider how Theo-dosius dealt with the Novatians For If to separate from the Cathelicks If to condemne their Churches as dâ—…filed and impure If to re-baptise such as revolt thence to Novatianisme can be sufficient incentives for penal Laws then were these men lyable thereunto and concluded under their rigour It is unanimously avowed that the Novatian Bishops were all this time highly valued and consulted with by Theodosius and Nectarius his Bishop of Constantinople It is also affirmed that the Novatians were not excluded from the Cities but permited to hold their Assemblies there And the Emperour admiring the Harmony of their Confession with that of the Catholicks did Enact that they should securely retain their Oratories and that their Churches should enjoy the same Priviledges which those of the Catholicks did As
Circumstances being considered it is not to be wondered at if we read of so frequent Tumults when a Bishop then was declared or in danger to be declared an Heretick or Schismatick or to be Banished It will not then seem strange if upon the dissention betwixt Alexander the Bishop of Alexandria and Arius a Presbyter of his after that the Latter was Excommunicated great Tumults did follow For though the Power and Authority did seem Lodged in the Metropolitan yet did Arius supply that Defect by his Learning and Subtilty He was befriended by many Neighbouring Bishops of great Repute and Power he himself was exceeding Popular and he framed several Drolling Songs and Discourses whith were Sung in the Streets by the Vulgar and made the common entertainment of all Festivals Those of the Bishop's party were Exasperated at these Actions and being Instigated with Zeal Indignation and Interest they engaged the others in several Quarrels The Emperour interposed by reconciliatory Letters but to no purpose for the Arians drawing no Emolument from the Charity of the Bishop and being subjected to the Ignominy and Odium of an Excommunication they grew so outragious as to injure the Statues of Constantine The Pagans fomented the Division and abetted the Arians that so they might with more facility ruine Constantine The Meletian Bishops and their Followers being Orthodox yet under an Umbrage and looked on as Schismaticks by their Metropolitan did contribute all they could to the support of Arius So that Constantine was necessitated to call the Nicene Council where the Tenets of Arius were condemned and those that adhered thereunto Anathematized But neither was Arius by Name fulminated against nor did the Council solicite for but rather pitied his Banishment After the censure passed upon the Arians in the Nicene Council most Ecclesiastical Historians do agree that Constantine did Banish him and a few other Bishops his Adherents But the Narrative which they make concerning his Exile and his Revocation is so incoherent and defective that Baronius doubts and Gothofredus knows not what to make thereof If he Theognis and Eusebius of Nicomedia were Banished against the latter civil crimes as Treason are alledged for the cause And whether the forementioneâ— Tumults or the sense of any future Broils in Egypt which was the Granary of the Empire and prone to Rebellions did occasion the Banishment of the others I know not Their Fxile was not long nor were their Followers rigorously proceeded against but the Edict suspended And afterwards Athanasius having succeeded Alexander is Banished no otherwise then they had been before by the power of the Arian Faction Athanasius was sent back again by Constantine the Son upon the Death of Constantine the Great whereupon he Repossessed himself of the Sea at Alexandria Upon the Division of the Empire betwixt the three Sons of Constantine the East fell to Constantius who finding the perpetual Tumults which arose from this contest tried many wayes to compose Affairs The Arians did attribute a greater Power unto the Emperour in matters of Religion then did the Catholick And they perswaded him to violate the Canons for Election of Bishops by Imposing upon the People such as he should Nominate cause to be ordained and sent Whereupon he Ejected the Catholick Bishops and Substituted Arians the Orthodox were Tormented and Punished sundry wayes as by Imprisonment Banishment c. and a Toleration given unto all but those of the Nicene Faith The proceedings of this Emperour not being very Exemplary I shall conclude the account of his Reign with this Observation That by reason of this Persecution Athanasius and other Catholick Bishops moved Disputes Whether the Emperour had any power to Judge in Ecclesiastical Affairs And Whether it were lawful to Persecute any in cases of Religion with Imprisoning or Banishment Julian the Apostate succeeded Coustantius He laboured by all means possible to restore Paganism to its pristine Glory He granted Liberty of Conscience to all the Sects of Christians But withal he did equally subject them unto civil Employments and took away the publick Allowances which had been granted unto the Catholicks He recalled all the Exiled Bishops but did not restore them to their proper Seas and Admonished them and such as had been Deposed for Scandal to look after their Churches and provide for their Parties and Interests as well as they could Whereupon in sundry Cities there started up two or three Bishops an Arian a Meletian and a Catholick In some places more He permitted them to Quarrel and Fight and commit all Outrages one against the other encouraging the Sectaries and Pagans against the Orthodox This was the Indulgence which he gave unto them and whereby he designed to overthrow Christianity After his Decease succeeded Jovianus who was an Orthodox Emperour his Reign was but short he found the Empire divided into Potent Factions of the Orthodox Arians Gentiles c. Whereupon he declared that he would not molest any Person for his Faith whatsoever of Paganism Hrresie or Schism he professed But he should principally Love Honour and Favour those which endeavoured to Restore the Church unto its peace He restored the Orthodox unto their former Immunities and Priviledges which Constantine had bestowed on the Catholick Church These proceedings gained unto him this Character That the Empire had been brought unto a most happy Posture as to Church and State if it had pleased to God to grant him a longer Life Upon the Decease of Jovianus there was chosen for Emperour Valentinian and he Elected his Brother Valens for his Consort They were both Christians but Valentinian was Zealous for the Nicene Faith and Valens favoured the Arians as much Such testimonies had each of them given of his Sincerity that both did proffer to Die Martyrs rather that Sacrifice to Idols under Julian The Artifices of Julian had broke Christianity into so many Sects and Subdivisions of Sects that in every City almost their might be found Two Three Four or more Bishops all Anathematizing each other and most Rebaptizing the Converts gained from any other Congregation The East did abound principally with Arians and Macedonians Eunomians c. Which were of the same Sentiments almost in the West the Interest of that Heresie was much lessened by the care and piety of Saint Hilary who by his Christian Prudence Charity and exemplary Piety joyned with as great Indulgence or forbearance did reclaim the Arians in France Yet were those Hereticks considerable at Millain and in sundry others places of the Western Empire As also were the Donatists in Africk notwithstanding their fierce Persecution under Constans by Macarius Governour of Numidia It was then seen that no confiscations of Lands and Churches nor Exiles or the most severe Punishments could extinguish a numerous and obstinate Sect Whatsoever they endured they esteemed it as Martyrdom and became Implacable against the Catholicks as having solicited that Emperour and
Sentiments concerning their Persons then some of Saturnine Constitutions and petulant Wits could approve of It did then appear unto the Soveraign judgment of our most discerning Prince that there was not in those Men such an inveterate Animosity against Monarchy such an hatred towards his Reign such a rest-less Spirit as some rash and impolitick Men had inculcated every where It was manifest then that those heats which Youth unexperiencedness intemporate and inconsiderate Zeal Ambition or Covetousness had bred in those men were by Age a better discovery of the vanity of precipitous Counsils and the false-hood of pretenders to the publick good Liberty and Religion so abated and allayed that He might presume confidently to employ them in His Service whom neither the rigour of penal Laws nor the insolent deportment of their Enemies in their discourses and writings contrary to ordinary discretion the Laws of Christian Charity and the Act of utter Oblivion could force into a confederacy with the Dutch If their malice against the Church if their covetousness to regain the Ecclesiastical and Crown Lands had been such as it was boldly represented certainly in this juncture and with the ready assistance of John de Wit those so turbulent Persons irritated by so many and so bitter Contumelies would have embraced designes consonant thereunto His Majesty being very well satisfied with the services which some of that Party had done Him and which many others were ready to do and being desirous to engage them universally unto the defense of His Crown and Dignity when the implacable and restless malice of His Enemies did necessitate Him to employ all His care and all possible Provision against their secret and desperate complotments He issued out that Declaration March the 15th 1671. to all His loving Subjects wherein He exempted all sorts of Non-conformists from the execution of the penal Laws against them but with such a Declaracion of His reverence for the Church of England such a regulation of the Non-conformists that whilst His Majesty expresseth himself to be the common Father of His People at the same time He demonstrateth himself likewise a zealous and perfect Son of the Church He revives the Primitive Policy of Constantine and acteth like a Bishop over those that are without whilest he defends and owns the Orthodox Bishops over those that are within The Judgment of the Church of England in Her Homilies concerning the foure first Centuries of Christianity FOr three hundred years after our Saviour Christ the Christian Religion was most pure and indeed Golden Constantine was a Prince of good zeal to our Religion Homily III. against peril of Idolatry In those dayes which were about four hundred years after our Saviour the Church was much less corrupt and more pure then now Homily II. against peril of Idolatry In the Act of Parliament against Conventicles there is this Clause inserted Provided that neither this Act nor any thing therin contained shall extend to invalidate or avoid His Majesties Supremacy in Ecclesiastical affairs but that His Majesty and his Heirs and Successors may from time to time and at all times hereafter exercise and enjoy all Powers and Authorities in Ecclesiastical affairs as fully and as amply as himself or any of his Predecessours have or might have done the same any thing in this Act notwithstanding This Proviso puts me upon a necessity of researching into the Ecclesiastical Constitutions of the Royal Predecessours And I am sure that Constantine the Great was one of them who was not onely born in England but began His Reign in this Realm and did in a mauner as Selden Avows transfer the Roman Empire unto Britain The Imperial Crown which the Kings of England at present wear did descend unto them as being Successors of the said Constantine He began his Reign Anno Dom. 306. and continued until 337. He was and is esteemed of by the Church as an Apostle and sometimes so styled also the Apostle amongst Kings or one equal unto the Apostles Euseb de vita Constantini M. l. 4. c. 60. cum notis Hen. Valesii His President His Authority is so much the more illustrious and great by reason of the Century in which He lived And for so much as that the Christian Church deriveth it's first Settlement and the Hierarchy its lustre from His auspicious Conduct and Decrees I shall therefore particularly relate the Transactions of His Age in order to the composing of Sects more violent more dissonant more lewd and not less obstinate or numerous then those which distract these Kingdomes And because those Emperours which did succeed Him immediately lived in those dayes whereon our Church bestowes the aforesaid Elogy and since they contributed as much by their proceedings unto the Peace and Tranquillity of the Orthodox Christianity as Constantine did as also their memory is not less reverenced by the Universal Church I shall add an account of their deportment The Declaration of Constantine the great concerning a general Indulgence I Do desire O God that all thy People should live in Peace and free from dissensions out of a regard unto the common good of Mankinde Notwithstanding let those that are deluded enjoy the benefits of peace and quiet equally with those that believe For this Regulation of Men under a mutual Amity is an effectual course for the reclaiming of them unto the right way Let no man molest another Let every man follow his own judgement Only let well-meaning Persons believe that they alone live holily and purely who are regulated by the holy Lawes and they who with draw from their assemblies Let them pursue their false Deities since they will have it so We are possessed of the truth which thou hast revealed unto Us and we wish them in the same condition that they might participate in the satisfaction which would arise from the general Unanimity of the Empire Thanks be rendred unto thee most great God and Ruler of all things for the more that humane nature discovers it self in a diversity of judgements and interests the more will the true Religion be confirmed in the minds of its Followers But whosoever will not be cured of his Errors let him blame none but Himself For the way to recover him is publick and obvious unto him But let every one have a care left they injure that Religion which doth manifest it self to be blameless and unspotted wherefore let us all make use of the benefits tendered unto us keeping our Consciences free from what is contrary thereunto But let no man prejudice another for being of another per swasion But whosoever understands any thing let him if possible communicate it to his Neighbour If it be not possible to prevail then let him alone For it is one thing for a man voluntarily to pursue the race for immortality and another to compel him by penalties thereunto I have insisted hereon more largely then seemed to my purpose because I would not conceal
and Brotherly love such as God by his grace instils into the Breasts of his Servants might be restored But because the wickedness and obstinacy of some Persons hath frustrated our intentions they not enduring to be convinced of those Errors wherein they delight We must patiently expect until the mercy of God do allay this mischief which by the means of a few persons doth diffuse it self amongst the populace It is from thence that we must hope for a redress whence all good desires and actions do proceed But until that great Physician be pleased to heal our breaches we ought to form our minds unto patience and with composed Spirits suffer all the efforts of their insolence Do not retaliate any injuries It were folly to anticipate that revenge which we ought to leave unto God especially our Faith instructs us that whatsoever the rage of the Donatists shall Act against you will procure unto you in Heaven the Crown due to Martyrs What is it to overcome on Earth in the name of God then that the peaceable Believers should undergo the outrages of the wicked If your sincerity can thus dispose it self you will soon see by the grace of God that the Ringleaders of this contention will loose their credit and the People will see their Errors that they ought not at the instigation of a few to hazard that salvation which early repentance may ensure unto them Farewel dear Brethren This Letter is supposed to have been written Auno Dom. 317 or 318. But this Lenity of Constantine's produced no other effect then that the Donatists grew more insolent against the Followers of Caecilianus In the City of Constantina formerly called Cirta the Donatists being animated by Silvanus their Bishop did by violence possess themselves of the principal Church ejecting the Catholicks thence This Church had been built at the charge of the Emperour yet would they not restore it upon several imperial Mandates They proceeded further to put in execution the penal Laws against Hereticks and Schismaticks upon the Catholicks making their Clergy to serve in sundry civil and undecent employments Hereupon the Catholicks did modestly complain and desired they might not be brought under the penal Laws and that Constantine would be pleased to grant unto them another Plot of Ground whereon they might build a Church Their Requests were yielded unto and the Church built at the publick charge Not long after this there happened a quarrel betwixt Nundinarius a Deacon and the Silvanus aforesaid the former accused the latter to have been himself a Traditor and convicted Him before Zenophilus Consular of Numidia who thereupon did inform the Emperour that this fierce Donatist who had made so great a combustion in Africk and so disturbed the civil and Ecclesiastical Peace had been himself a Traditor and by indirect means attained unto the Bishoprick Whereupon the Emperour banished Him and some other of the Donatists Bishops who were proved to have ordained Majorinus and rejected Caecilianus not out of any just cause but out of malice and by the instigation and corruption of a rich Woman named Lucilla The Donatists hereupon petition to the Emperour that their Bishops may be recalled from exile and declare that they will undergo all torments and penalties rather then communicate with that Knave Coecilianus Although it was impudently done of the Donatists to term Him a Knave whom the Emperour himself had acquitted yet was their desire assented unto their Bishops were recalled and a plenary toleration granted unto them their Madness or Schismaticalness being left unto the immediate punishment of God Anno Dom. 321. Some two or three years after this when Constantine was involved in a War with the Goths and Licinnius the Donatists raised greivous tumults throughout Numidia to the great hazard of the Province in that juncture After which if we find Constantine to have proceeded rigorously against them confiscating their Churches and giving them unto the Catholicks or punishing them sundry ways It will never appear that this was done purely upon the account of Schisme but by reason of Outrages Murthers and horrid tumults committed and raised by that obstinate and furious Sect. I have shewed how long and what manner they were tolerated By the endowments of their Churches it appears that they were equally indulged with the Novatians Both these Sects were Orthodox in Doctrine Their default was Schisme The Novatians were the more antient and exemplary Offenders and since they were priviledged who can imagine that the others were depressed for Separation only It may perhaps seem strange unto the less intelligent Reader that such tumults should happen amongst the People in behalf of their Bishops whither Donatists or Arians c. But the wonder will cease when he shall be informed that in the Primitive Ages none could be chosen to be Bishop in any Diocess but where He had formerly lived The People being assembled together did nominate and elect them and it was in their power to chose the worthy and reject the unworthy The nomination of the several Competitors was not so limited to the People as that the Clergy except as in the case of the reconciled Meletians Socrat. Hist. Eccles. l. 1. c. 9. Sozomen l. 1. c. 24. might not propose any but their Business was to Examine if the Election were Regular to consent unto the choice made and to consecrate the Person chosen Even the Emperour Constantine did not assume the Nomination of a Bishop of Antioch unto the People but only recommended some to them that they might be Nominated by them But the sinal approbation of the Bishop Elect and Consecrated was in the Emperour as to the Orthodox and endowed Clergy Thus Athanasius having certified the said Emperour that he was canonically Nominated and chosen by the People of Alexandria he did immediately confirm unto him the possession of the Episcopal See The Bishop being thus Invested in the Bishoprick was esteemed no less bound unto his Chair and Diocess than the Husband unto his Wedded Wife He could not exchange his See for another though Canonically Elected by the voluntary Suffrage of the People of a more Rich and Illustrious Bishoprick As was judged in the case of Eusebiw Bishop of Caesaria and is averred by Athanasius and others of the Fathers The Bishop being thus to be Elected must needs carry himself with great Infinuation and a specious shew of popular Zeal and Piety that he might gain their Suffrages and being once Enthroned he had another way besides those Appearances to preserve his Interest amongst them For he had more or less of Annual Revenue and Incomes to dispose of in a way of Hospitality and he had the charity of the Church to distribute amongst the poor Widows and Orphans and Distressed persons besides the Presbyters Deacons Sub-Deacons Acolythi Exorcists Readers Door keepers All which Persons did sometimes in an ordinary Bishoprick amount to the number of three Thousand The which
to the Arians it is likewise recorded that He did not Persecute any of them after He had excluded them from Assembling within Constantinople but onely Eunomius And Eunomius together with His Sect was not properly an Arian for He did equally rebaptise and re-ordain those of the Arian and Orthodox Party which came over unto Him He was banished for not obeying the Decree of the Emperour but continuing to hold private Meetings within Constantinople The said Arians persisted openly to hold their Meetings without the City of Constantinople in the dayes of Arcadius and Honorius making a splendid procession thorough the Streets and singing Antiphons as they went unto their Churches In fine Procopius doth assure us that notwithstanding the many and severe Lawes which we read of against Arians and other Sects yet there were Hereticks openly tolerated in the Empire untill the dayes of Justinian with their Churches richly adorned such were those of the Montanists and Sabbatians c. Particularly the Churches of the Arians were so splendid that nothing in the Roman Empire could compare with them they had also large Revenues throughout the Empire Having never been molested by any Emperour from their first Original untill the dayes of Justinian After that Julian had restored the Donatists unto that Liberty which Constans had deprived them of they enjoyed their Churches their Bishops and freedome with little molestation untill the Reign of Honorius Theodosius had made a Decree against such Hereticks as should either give or take Orders that they should pay Ten pounds of Gold A. D. 392. This Law was pressed by the Catholicks against the Donatists to be put in execution when the extravagancies of that Sect were such that they seized the Churches of the Catholicks slew some of their Bishops beat and murthered divers Presbyters yet was it not put in force untill the dayes of Honorius A. D. 405. Nor did the Synod at Carthage importune the Emperour to enforce it but in such places as the Catholicks should be violently assaulted in I might enlarge my Discourse about this subject unto the succeeding Emperours Arcadius Valentinian II. who decreed unto the Arians an ample Toleration and commanded that their Churches should be restored unto them even that of St. Ambrose's within Milaine A. D. 386. upon pain of death Arcadius and Honorius and so down to the Age of Justinian From whence I might draw materials to illustrate the Question Whether it be greater wisdome to attempt the suppression of numerous rich and obstinate Hereticks they not being like unto the old Manichees Basilidians or Priscillianists c. upon whom are fixed the imputations of Magick or occasion of crimes that are universally infamous and inconsistent with Humane Society by rigorous Edicts Or to indulge them for a time and by more gentle meanes to contrive and pursue their conversion But I have confined my self unto that Century which Our Homily recommends unto me and unto those Emperours whose prudence and piety all Ecclesiastical Writers do extoll and by whose meanes Christianity was principally advanced The subsequent Princes were Children or commonly of weak intellectuals and they are proofes of little efficacy which are alledged unto any of the Church of England out of the Sixth Century Though even there I find the Emperour Justinian tolerating the Hexacionitae who were the chief of the Arians into the fraternity of whom the Gotthish Kings in Italy usually were admitted However I will insert some cases out of Ecclesiastical History which are deduced out of the Fifth Century and relate unto the times of Honorius who made more Laws then any Emperour against Hereticks Socrates Hist. Eccles. l. 7. c. 11. CElestinus being Bishop of Rome seized upon the Churches of the Novatians which they had within Rome and compelled their Bishop Rusticula to hold his Assembly in obscure and private houses For untill that time the Novatians lived at Rome in a very flourishing condition having many Churches and abundance of People resorting thereunto This raised Envy and that was the cause of their overthrow now that the Bishop of Rome was advanced into a Secular Magistracy in like manner as was the Bishop of Alexandria Upon this score it was that the Roman Bishops would not permit those to keep their separate Assemblies who were otherwise as Orthodox as themselves but having commended them much for their Consent in matters of Faith they dispossessed them of all they had The Novatians at Constantinople were not used so but were exceedingly beloved there and their Churches tolerated within the City The Character of Atticus Bishop of Constantinople Socrates Hist. Eccles. l. 7. 2. IN the beginning of the Reign of Theodosius the younger Atticus was Bishop of Constantinople a person of excellent learning piety and prudence from whence it happened that the Catholick Church did encrease much in his days For He did not only countenance and uphold those of his own Religion but astonished the Hereticks with the apprehension of His singular wisdome He did not at all desire to molest and persecute them but sometimes He would terrifie them a little and then oblige them unto Him by gentleness The Character of Proclus Bishop of Constantinople under the same Emperour Socrates Hist. Eccles. lib. 7. c. 41 42. PRoclus Bishop of Constantinople was a man of as excellent Moralls as any one in the world For being Educated under Atticus he did studiously imitate his vertues but he was of a greater patience and forbearance then his Master who would upon some occasions shew himself severe towards the Hereticks But Proclus was all gentleness purposing thereby rather then with compulsion to gain them unto the Church He did not molest or vex any Heresie in being but left unto the Catholicks the renown of mildness and charity according to which He had demeaned Himself He had for His patterne Theodosius Himself who had taken a resolution not to exercise His Imperial Authority against those that were obnoxious and Proclus was likewise determined not to regard such as differed from Him in their Sentiments concerning God For this reason did Theodosius love and honour him For the Emperour Himself was of such a frame of spirit as becomes the true Priests of God neither could He endure those that delighted in Persecution I dare boldly say that He surpassed all the true Priests of God that ever were in meekness according as the Scripture saith of Moses in the Book of Numbers that He was the most Meek of all men upon earth so may I say of Theodosius that He was the most milde and obliging Prince in the world And for this reason God hath subjected His Enemies unto Him without fighting Such have been the proceedings such the presidents of those Excellent Emperors in the purest times whereby they contrived How to settle and advance the Orthodox Church amidst variety of numerous and potent Sects But how renowned soever these Princes are for their
prudence and piety there is not any of their projects no nor all of them summed together which may compare with the Declaration of His Majesty in order to the preserving at present and re-setling for the future the Church of England If the Primitive Emperours did publish their own judgments concerning the Orthodox Church thereby to insinuate unto their subjects which way they wished and desired them to conform their Opinions If they did extend several priviledges and emoluments of Revenue and Legacies unto the Catholicks which the Sectaries were not to receive Behold what His most Sacred Majesty doth declare In the first place We Declare our express Resolution Meaning and Intention to be That the Church of England be preserved and remain entire in its Doctrine Discipline and Government as now it stands Established by Law And that This be taken to be as it is the Basis Rule and Standard of the General and Publick Worship of God and that the Orthodox Conformable Clergy do receive and enjoy the Revenues belonging thereunto and that no person though of a different Opinion and Perswasion shall be exempt from paying his Tythes or other Dues whatsoever Hitherto the Ancient Politicks concur with the modern prudence of His Majesty yet there is this advantage on the part of the Church of England above what the Primitive Christians had that the Revenues of the Conformists are better settled and greater by far then the Nicene Fathers then the Hillary's the Basil's and the Nazianzen's could pretend unto And the power and dignity which our Bishops hold as Spiritual Lords not to mention their influence upon the subordinate Clergy hath nothing parallel to it in the four first Centuries except we should seek for particular instances in Rome and Alexandria Here are no Pagan Pontifices Sacerdotales Agrorum Hierophantae c. to rival much less transcend them No Jewish Patriarchs Primates Archisynagogi c. that equal them in Titles and are to be respected and exempted by Franchisements equal unto theirs The common Schools and Universities are not now as Athens in the time of Nazianzen and generally the Professors and Sophistae devoted to Gentilisme but managed by the Church The Parliament as of old the Senate doth not consist of Paynims or Arians c. Those which sway in our Councils and in the Magistracy are now no such kind of Men as heretofore From whence it is easie to conclude that If the Orthodox Church did advance it self in the Primitive Ages amidst those circumstances there is no fear that the Church of England which takes that Antiquity for its pattern as to Doctrine and Discipline should be ruined amidst much better conditions His Majesty doth further adde That no person shall be capable of holding any Benefice Living or Ecclesiastical Dignity or Preferment of any kind in this Our Kingdom of England who is not exactly Conformable This is conform unto the Presidents of Constantine Theodosius c. who did require an exact Subscription to the Niâ—…ene Council Thus Athanasius and S. Hilary c. urge an unalterable Conformity to the Decrees of the Three hundred and eighteen Bishops at Nice From thence the Fathers never would reeede And when the Emperour Constantius at the Councils of Sirmium Ariminum c. had formed sundry Comprehensional Creeds whereunto both Arians and Catholicks might saving their sundry judgments subscribe the best of the Fathers totally rejected the contrivance and those which out of a desire for the Union of the Church had assented thereunto did soon repent themselves for thereby the Orthodox Church received extraordinary prejudice The Nicene Fathers and the Catholicks seemed to have condemned the practices of their Chief Prelates and of themselves in making so great a Schisme and fulminating out Anathema's against their Brethren for needless words and forms which the Church might want and which they now expunged The Arians triumphed every where as Victors the whole World seemed to follow them and the rest appeared to be justly exiled and scorned who had raised such Divisions and Animosities in the Church and State about Trifles Hereupon the Comprehension was utterly dissolved and never resumed again in old Christendome as the most foolish and impracticable design that could be Upon this precedent did the D. of Saxony rather proceed by a special form of Concord then by any General and Comprehensional course â—…hus did the Calvinists in the Synod of Dort The Romanists in the Council of Trent Q. Elizabeth in her Subscriptions Thus have all wise Princes done except Charles V. who by an ill-favoured Interim tried the other way but with so bad success that 't is no president for His Majesty How Orthodox soever the Novatians were yet were they ranked alwayes amongst the Hereticks and Schismaticks nor did the Church ever project a Comprehension for them It is true the Primitive Emperors did grant them the same priviledges with the Catholicks which I believe did help to continue their Schisme so long But herein the Judgment of His Majesty seems more clear and elevated in that He doth not imbolden any Pretenders unto Orthodoxy to be Schismaticks by communicating with them His publick favours c. equal emoluments with the true Sons of the Church of England As we do now reckon all Separatists whatever under the Name of Non-Conformists albeit they differ as much as Novatians Basilidians and Manichees so did the Antient prudence esteem them all Hereticks and Schismaticks And if the hopes of preferment if the honour of a publick Church be not motives sufficient to make some men Proselytes to the Church of England It is rational to think that the being indiscriminately mixed in such a loathsome company and character may operate upon the minds of many to abate of their preciseness It follows We do in the next place Declare Our Will and Pleasure to be That the Execution of all and all manner of Penal Laws in Matters Ecclesiastical against whatsoever sorts of Non-Conformists or Recusants be immediately suspended and they are hereby suspended His Majesty herein writes after the Copy of the Primitive Times The Penal Laws are suspended the Defaults the Heresie the Schisme are not authenticated The punishment is taken off the guilt is not None is encouraged hereby unto Separation but indulged if he do separate They are still Non-Conformists to the Church of England They are still Recusants as to the Law They may assemble publickly but 't is under this ignominious denomination What power properly belongs to the Church is entirely reserved unto it by His Majesty Ecclesia enim jus Judicii habet Imperii minimè They are Spiritual Fathers and Judges their Authority their Censures are not suspended The Parliamentary and Secular Laws are invalidated for a season which is conformable to the Ancient Proceedings It is not declared that They are not Hereticks or Schismaticks but that They shall be tolerated though such It is one thing to encounter an Heresie or Schisme
in the begininng and another when it hath made a large progress Then it may be suppressed easily and the publick receives little prejudice by the banishment or ruine of a few But in the latter case it is to be considered that the Kingdom receives a great and irreparable damage in its strength in its trade in its unanimity if Multitudes come to be exiled or impoverished The Manufactures may be transported into foreign Countries as happened in Flanders upon the persecution there by the D. of Alva Secrets of State and Interest may be divulged Or if they will not retire foreign correspondences and complotments may happen to be driven on by the enraged or desperate to the ruin of the Kingdom and Church If the revolt of Africk to the Vandals If the revolt of Italy unto the Goths were an effect of the rigorous usage against the numerous and obstinate Donatists and Arians If the progress of Mahometanisme was facilitated by the severity practised against the Arians in Syria AEgypt and Africk I would fain know whether the Church benefited more by the Indulgence of the first Emperours or rigors of the latter It was a Rhodomontado of Philip II. King of Spain that He had rather have no Subjects at all than those He had to be Hereticks By such Maximes the Moors the Jews were ejected Spain If a Wise-man examine the consequence of this opinion He will find that the Exchequer of Spain hath been exhausted the Revenues infinitely lessened the strength and riches of the Kingdom mightily diminished several Provinces lost the Monarchy scarce able to support it self And is this nothing unto the Bishop and Canons of Toledo Next It is Declared That there may be no pretence for any of Our Subjects to continue their Illegal Meetings and Conventicles We do Declare That We shall from time to time allow a sufficient number of Places as they shall be desired in all parts of this Our Kingdome for the use of such as do not Conform to the Church of England to meet and assemble in in order to their Publick Worship and Devotion which Places shall be open and free unto all persons This Paragraph contains a part of Wisdom which is superiour unto any thing the Fourth Century doth suggest unto me about this Subject Hereby His Majesty understands the Place the Persons meeting and their Numbers and may the access being free inform Himself of the Doctrine taught of the Discipline practised and of the Immoralities that may happen amongst some Sects which may resemble the Valentinians Gnostics Basilidians Priscillianists c. Those Sects which most distract the Church and subvert the Common-wealth are such as cannot bear the Light and a publick view There cannot be a more Moral certainty that neither Church nor State shall be damnified by these Schismatical Assemblies then this That His Majesty doth allow the Place and Teacher Amongst the old Hereticks and Schismatics the Emperors never had the Approbation of their Bishops but they were Elected and Ordained and admitted without His privity This occasioned great troubles to the Emperors and to the Schismatics themselves for as they sometimes chose out of faction at other times they were deceived by the Hypocrisie of an Ambitious person who was to rise by a seeming piety and cajolling of the populace so the Emperors did persecute them frequently for the disorders and misdemeanors of their Pastors and were forced to enact Laws against those Hereticks that did ordain or were ordained Something like unto what His Majesty doth I remember to have read of in the life of that brave and wise Goth Theodoric King of Italy He was an Arian yet did tolerate the Orthodoxe their Bishops and Churches And it is observed that whilest He had the Approbation of the Catholick Bishops the Churches were better served then ever He inviolably adhered unto the Indulgence given and placed His interest in approving of such Bishops onely as were peaceable and pious Nor did They endeavour to serve their private ends but the Church in their Ministry because that such courses might endanger their Bishopricks which were held but precariously of the King Whosoever shall compare this Declaration and way of meeting with that Act whereby four besides the family might convene under any Teacher will discern the sagacity of Our King who hereby prevents the Blasphemies Gross Errors un-moral and pernicious principles which might be inculcated into his subjects privily that way by the illiteterate ignorant wicked Teachers as Ranters c. who might be retained I cannot but take here notice of that Ancient Prudence and Respect unto the Church of England which His Majesty shews in the form of His Licences wherein He doth not vouchsafe unto their Assemblies the Name of Churches but Meetings and their Instructor is called a Teacher not a Pastor or Presbyter which is exactly consonant to the Edicts of Theodosius the Great and His Son Arcadius His Majesty concludes And if after this Our Clemency and Indulgence any of Our Subjects shall presume to Abuse this Liberty and shall Preach seditiously or to the Derogation of the Doctrine Discipline or Government of the Established Church or shall meet in places not allowed by Us We do hereby give them warning and Declare We will proceed against Them with all imaginable severity And We will let them see We can be as severe to punish such Offenders when so justly provoked as We are Indulgent to truly Tender Consciences Those that preach Sedition do abuse their Liberty and if they suffer thereupon the Indulgence to Tender Consciences is not violated To be obedient unto the Magistrates in Civil affairs To walk orderly and without giving offence these are indisputable Duties of Christianity If we consider the example of Our Saviour he fulfilled all Righteousness If we regard S. Paul he retracts the harsh Language which he had given unto the Jewish High Priest and at Ephesus He was not found Blaspheming or Reviling the Gods of the Gentiles In the Levitical Law there was a precept Not to blaspheme the Gods And it was a tenet of the first Christians that they ought not to blasphome or rail against the false Deities of the Pagans lest They should give the Gentiles occasion to blaspheme the true God There is a Canon of the Church which denies unto them the Glory of Martyrdom who should disturb a Priest at his Sacrifice or demolish their Altars and Idols Such a reverence had They for Government and so great a care to preserve the Peace The Donatists were persecuted by Constantine Constans and Honorius by reason of the frequent tumults they made contemning the Authority of the Emperors seising violently the Churches of the Catholicks committing intolerable outrages upon their persons sometimes killing their Bishops and Clerks Whereas the Novatians demeaning themselves Civilly and Peaceably were not molested The Arians were enjoyned by the Great Theodosius to hold their Meetings without the City of Constantinople And
potent and inveterate Sects or Factions should be so destructive to Government Since that I find hereby that Constantine Valentinian and Theodosius the great as also Theodoric did most happily compose their affairs whilst Honorius Justinian and others by rigorous Counsils have ruinated fair Empires and renowned Churches Whosoever compares the antient and modern Sectaries will find the Manichees the Piscillianists and Basilidians the more fanatical Compare the Ages that was the more ignorant and brutal Compare the persons those were the more subtle perfidious and designing There is in an Englishman a native temper which carries with it innocence and simplicity Evil principles have not usually here those violent transports and effects which seem inevitably to be deduced from them The president of the Late war is most ignorantly made use of at present It arose from a complication of causes which cannot possibly concur again in this generation And it is a gross paralogisme to argue that because in a broken and dissolved Government this or that ill effect was produced by Fanaticisme therefore it will occasion the like calamities in a composed State Or because when Men apprehended not the evils thereof they were thus and thus transported therefore they will fall into the same extravagancies after they have paid dearly for their errors Or because that when all our neighbors were engaged in war some designing Men thought they might securely attempt a change in the Government therefore they will complot the same now when the circumstances are altered By the same reason that all these horrid consequences are charged upon the Sectaries one might argue against choler and other peccant humors in the bodies of Men yet 't is certain that they ballance each other by their contrariety and their proportionate mixture they retaining their several natures doth make that desirable thing called Health Nay it is evident that even diseased bodies with a moderate care do subsist and live as long or longer then those that seem more sound of complexion When we have made as bitter harangues against the Spleen Gout or that unequal constitution of a cold stomach and hot liver as any Scholar of Ben. Johnson against Schisme and Liberty of Conscience yet it will never be demonstrated that it is better to endanger or absolutely to destroy the patient then to permit him to live as long as others under such intolerable distempers What necessary connexion is there betwixt Schisme Heresie and Rebellion Why must diversity of Religions introduce Civil dissentious unavoidably Were not the Religions of the Noachidae or Proselites for inhabitation and that of the Circumcised Jewes quite different Was not the Religion of the Alexandrian Iewes and Christians different from that of the Romans and AEgyptians Was not that of the Babylonish Captives different from the Worship of the Persians Was not there something peculiar in the precise Iewes that was more likely to create tumults and disturbances than can be found in any English Sectaries And had not they greater opportunities to create Rebellions in Egypt and Babylon by reason of their Princes or AEchmalotarchs then our Schismaticks here have who are not so much as united under Bishops The which is remarkable in order to our future hopes for the re-establishing of our Church since Episcopacy is a powerful remedy against Schisme and the Macedonian Hereticks when they turned Presbyterians and ceased to chose any Bishops over them they continued not long after in being as Ecclesiastick Historians do observe To conclude the Sectaries are irreconcileably divided one against the other The penal Lawes unite their Interest against the Government But Indulgence continues them dis-joyned Which is the most secure course If the case were to be determined by such as understood any thing of State-affaires the Judgment of the fam'd Monsieur La Noue in his discourses and of Bodin in his Common-weale and of Albericus Gentilis the Dictator of Civil Law in the dayes of Queen Elizabeth not to mention others would signifie much in the debate I shall conclude with the Report of AErodius how the cause hath been adjudged P. AErodius rer judicat l. 1. tit 6. de haereticis c. 9. LEt us thus decide the câ—…se When an Heresie first begins it is best to punish the Author severely for so it will be easily suppressed But when it is farr spread and hath taken deep root in mens mindes if the parties have no other intents then to Worship God in their way as the Christians desired under the Pagans then so much may be indulged unto Hereticks as without approbation thereof the present exigency requires that we should dissemble and tolerate The Emperour Julian did by a Law approve of Liberty of Conscience when He as Ammianus Marcellinus relates it lib. 22. did by name recall from banishment all the exiled Hereticks and ordained that every one of them of what Sect of Christians soever should speak and teach according to his inclination Why did He ordain this by a formal Law and Edict Because by the solemnity of the thing the Hereticks would be more imboldened to make use of their utmost Liberty whence dissensions would arise and the Christian Bishops become exasperated one against the other to the subversion of Christianity and confirmation of Paganisme This He did so little conceal that the Emperour Honorius by a rescript unto Hadrianus caused the Edict which He had made in favour of the Donatists to be publickly affixed that every one might know the purposes then on foot It is certain that He wills and intends the growth of Heresie who fortisies it by a Law who commands that the Appellation be not esteemed infamous Who in preferments and employments of State makes no difference betwixt the Heretical and Orthodox But He connives onely at them who either delaies or gently inflicts his punishments Who forbids that they be inquired after Who prohibits all proceedings by Law against them Or who to prevent greater evils doth so indulge them as to express the particular reason thereof As for example Pope John I. was sent on an Embassy to the Emperour Justin by Theodoric the Arian King and He obtained a Toleration of the Arians in the East to prevent the indignation of Theodoric against Italy which He threatned to lay waste in case that Justin continued His persecution of the Arians When a Kingdom is brought to these resolutions men ought not to despond or prognosticate fatal inconveniences when Lawes are indulged there is still a great influence upon the mad multitude by the example of the Prince and the unblamable life sound doctrine and great learning of the Orthodox Clergy Thus we resolve the Question if bare Heresie be the Subject thereof But if other Crimes mingle with Heresie if they be swaied by Ambition and not an imaginary piety if the Hereticks propagate their Sect by force and violence not gentle pcrswasion then the Prince ought to prosecute them in such manner as the Senate of Rome
Sozomen hist. Eccles. l. 7. c. 2. Socrates hist Eccles. l. 5. 〈◊〉 2. Constant. August Porphyrogennet in excerptisex Jo. Antiocheno Suidas iâ—… vote 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jac. Gothofredus in Cod. Theod. l. 16. tit 5. lege 4. Sozomen l. 7. c. 2 3. Socrates lib. 5. c. 3 4 5. Jacob. Gothofredus in chronolog Cod. Theodos. A. D. 379. Socrates l. 5. c. 7. Sozomen l 7. c. 2 5. Socrates Hist. Eccles. l. 5. c. 7. Sozomen l. 7. c. 5. Jac. Gothofred dissertat in Philostorg l. 9. c. 19. Sozomen l. 7. c. 7. Socrates l. 5. c. 8. Cod. Theodos. lib. 16. tit 5. lege 6. tit 2. lege 3. Et graves quidem paenas legibus suis adscripsit haudquaquam tamen executioni mandavit Neque enim punire Sâ—…bditos sed terrere tantummodo studebat ut idem cum ipso de Divinitate sentirent Nam illos laudabat qui suâ sponte converterentur Sozomen l. 7. c. 12. Socrates Hist. Eceles l. 5. c. 10. Sozomen Hist. Eccles. l. 7. c. 12. lib. 8. c. 1. Socrates Hist. Eccles. l. 5. 20. Socrates Hist. Eccles. lib. 6. c. 8. Zozomen lib. lib. 8 c. 8. Procopius in Histor. Arcanâ ex edit Alemanni p. 51. Erant quidem Alemanne complures Christianorum Sectae quas vulgò Haereses vocant Manichaeorum Samaritarum c. Sed tamen templa fana ubique locorum possidebant Illa verò praesertim quae Arianorum furori serviebant auro argento gemmisque prâ—…sis lapidilus omni denique divitiarum opum genere incredibiliter abundabant Tho. Rivius in defens Justiaian adu Alemann p. 62. Cod. Theodos. lib. 16. tit 5. lege 21. Jacob. Gothofredus in Cod. Theodos lib. 16. tit 5. lege 39. Cod. Theodos lib 16. tit 1. lege 4 cum notis Jac. Gothofredi Alemannus in Procop. hist. arc p. 56. Jac. Gothofredus dissert in Philostorg l. 10. c. 3. Cyrill Bishop of Alexandria that See being raised â—…nto a Principallity did shut up about the same time the Churches of the Novatians at Alexandria and seized on the Furniture and afterwards confiscated all the Estate of Theopemptus their Bishop Socrates l. 7. c. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Socrates lived in his dayes Jac. Gothofredus in Cod. Theodos. lib. 1â—… tit 10. in Paratitlo Id. Ibid. tit 8. in Paratitlo Athanasius nonaginta per Libyam AEgyptum episcopi in epistolâ ad Episcopos in Africâ P. AErodius Rer. judicat l. 1. tit 6. c. 1â— Quantum inde vulnus aerariis Regis inflictum sit quid attinet dicere cùm res ipsa omni testificatione luculentius clamet Sed vincit amor fidei cupido propagandae pietatis quam sibi cum sceptris prae sceptris commendatam tuendamque suscepit Alex. Patricius Atmacan Mars Gallicus lib. 2. c. 30. Tanta fuit in Theodoricho cura ejus quam non profitebatur ipse Religionis ut optimos ei semper Episcopos daret De quo sic nepos ejus Athalarichus Cassiodor varior l. 8. cp 15. Senatui Urbis Romae Gratissimum nostro profitemur animo quod gloriosi domini avi nostri respondistis in Episcopatûs electione judicio Oportebat enim arbitrio boni principis obediri qui sapienti deliberatione pertractans quamvis in alienâ religione talem visus est Pontificem delegisse ut agnosceretis illum hoc optâsse praecipuè quatenùs bonis sacerdotibus Ecclesiarum omnium religio pullularet Recepistis itaque virum divinâ gratiâ probabiliter institutum regali examinatione laudatum H. Grotius in Prolegom ad Hist. Gotthorum Cod. Theodos. lib. 16. tit 5. lege 26. tit 1. lege 2. Socrates hist. Eccles. l. 6. c. 8. Sozomen hist. Eccles. lib. 8. c. 8. AErodius ver judicat lib. 1. tit 6. c. 15. Salvian de gubernat Dei lib. 5. Vires quae supersunt tempestivè fovendae sunt nè penitùs deficiant In extremis consilia etiam necessitate honesta fiunt ac Sinuanda vela cùm tempestas jubet Omnia maris mala naufragio minora sunt Gubernator ut aureis Curtii verbis utar ubi naufragium timet jactura quicquid servari potest redimit Puteanus in Statera Belli Pacis Alberic Gentilis de jure belli l. 1. c. 10. in commentat de jure belli p. 28. Let our pseudo-politicians mark this and they will find that the Penal Lawes are much better suspended by an extraordinary Declaration then by an Act of Parliament The case of Ship-Money briefly discoursed according to the grounds of Law Policy and Conscience presented to the Parliament Nov. 3. 1640. The ancient strength of Shipping in England heretofore considering the condition of our Neighbors did farr transcend ours of late William â—…ulbeck's Pandects of the Law of Nations c. 4. See the Plea of Chizzola for the Venetian Sovereignty over the Adriatick Sea at the end of the English Selden and 〈◊〉 Archbishop of Jadera in â—…is supplement of the History of the Usâ—…chi Joan Palatius de domin Maris l. 1. c. 8. Joan. Marquardus J. Comitus de jure Mercator l. 2. c. 5. 41. c. Leo ab Aitzma p. 177. Jo. Loccenius de jure marit l. 1. c. 4. 10. Meminerimus etiam atque etiam claudum esse Imperium si non maris sit Imò Imperium maris imperare terrae quoque Alberie Gentilis disput Regal 2. Flores Historiar Radulfus Cestrensis Matheus Westmonasteriensis â—…um oram maritimam praedonibus liberasset Imperium maris populo Romano Restituisset Ex Asiâ Ponto Armeniâ Paphlagonia Cappadociâ Ciliciâ Syriâ Scythis Judaeis Albanis Iberiâ Insulâ Cretâ Bastarnis super haec de Regibus Mithridate Tigrane Triumphavit Plinius nat Hist. l. 7. c. 26. Gambden's Elizabeth An. Dom. 1561. Lord Bacon in his Answer to a Libell published in 1592 c. 7. Id. ibidem c. 2. Stat. de an 2 3 Ed. 6. c. 36. Philippus Honorius Praxis prudentiae Polit. pag. 466. Id. Ibid. pag. 202. Disquisit Politic cas 19. Ibid. Disquisit 41. Machiavel discurs l. 1. c. 8. id Ibid. c. 31. Alberic Gentilis de jure belli l. 1. c. 9. Clapmar de arcan â—…ip l. 4. c. 21. Machiavell disput l. 1. c. 4. Daillè de usu patrum l. 2. c. 6. Chillingworth against Knot ch 5. Sect. 96. Albericus Gentilis de juâ—…e belli l. 1. c. 9. See the Oration and Memorials printed with the Declaration of War 1652. See the Declaration and Anâ—…ers of the Council ofâ—… State â—…652 Adrian Pauw in his Memorial tendered to the Council of State ibid. MSS. Comment of the Treaty and Arâ—…icles betwixt the English and Dutch in 1653. Leo ab Aitzma hist. trac pacis Belgicae p. 841. De mari piscationâ—… mentio fuit de iis ante omnia conveâ—…endum c. Leo ab Aitzma p. 845. This is expressed in his Memorial given in to the Council of State and printed with the Declaration MSS. Comment Leo ab
his Officials to infest them contrary to the Rules and Practices of Orthodox Christians Julian at their Petition had re-setled them in their Lands Churches and Bishopricks and their specious Zeal together with the glory of their Sufferings had created in the People such a Reverence for them that they prevailed every were in that Province They Rebaptized such as they Converted from the Catholicks and esteemed none to be true Churches but theirs The Pagans were very numerous and powerful at Rome in Asrick and elsewhere retaining most of their Sacrifices and their Rural and City Pontificate Valentinian beholding the Posture of the Empire Decreed unto his Subjects an Universal Liberty of Conscience and though he did always manifest his own Judgment and Kindness unto those of the Nicene Faith yet did not he molest those of a different perswasion Such was his Demeanour unto the Arians and to the Pagans He did not so much as remove the Altar of Victory which stood at the entry into the Senate and where Sacrifices were offered and the Christian Senators were compelled to assist with their presence He did indeed prohibit Nocturnal Sacrifices but none else The first Laws of his concerning this Indulgence are lost but this following sufficiently speaks his Proceedings Cod. Theodos. lib. 9. tit 16. lege 9. The Emppp. Valentinianus Valens Gratianus A A A. Unto the Senate I do judge that Augury or Soothsaying is not to be ranked amongst those Maleficia or execrable Sorceries which are Prohibited Nor do I esteem either that or any other Religion tolerated by my Ancestors to be a Crime Those Laws which I enacted in the beginning of my Empire do attest this to be my sense I did thereby permit every man to pursue that way of worship which pleased him nor do wo regrâ—…hend Augury but allow the innocent use thereof Given at Triers Gratian A. 11. Probus Coss. Anno Dom. 371. The Charactr which Ammianus Marcellinus gives of him after his death is this His Reign was famous for the moderation used therein the Emperour carrying himself with an even hand amidst that diversity of Religions Neither did he molest any one nor commanded that he should believe and worship thus or thus neither did he by any menacing Edicts incline or â—…ffright his Subjects to embrace the Religion of their Prince But he left the several Parties untouched as he found them As for Valens he did give liberty of Conscience unto all but the Orthodox Churches whose Bishops he deposed banished and put to death punishing their Followers by Fines Imprisonment c. He tolerated all other Sects and Religions even unto open Paganisme except the Novatians who were subjected to like persecution with the Catholicks Were it possible for to extirpate by violence an inveterate and numerous Sect that Emperour had atcheived his designs But at last he found Divisions Discontents and Tumults to encrease at home and dangers to threaten him from abroad and by the perswasion of Themistius a Pagan Philosopher Senatour of Constantinople and Favourite of all the Christian Emperours of his Age he stayed his fury and left every man to adhere unto what Religion he pleased without any menaces or penalties unto the contrary It is probable that all Ecclesiastical Immunities and Priviledges were limited by Him unto the Arians and some say he did continue to send into Exile the Orthodox Clergy but whither all or some and whither upon a civil or Religious account t is uncertain But Themistius doth aver unto him that he did not by his persecution make any Converts unto Arianisme but Atheisme and brought men rather to worship the imperial Diadem then the true God Valenâ—…inian had two Sons Gratian and Valentinian the younger Their Father died Anno Dom. 375. Gratian was immediately proclaimed Emperour and though young Valentinian were at that time Augustus yet did not he share in the administration of the Empire until the death of Valens It is observed by the learned Gothofredus that during the Reign of Jovian Valentinian the Elder and Gratian there is not to be found one Law against Paganisme in order unto its suppression He did remove the Altar of Victory from the Senate-house He did withdraw those publick Revennues and confiscate the Lands which appertained unto the Priests and Vestals but neither ejected the Pagans out of the Senate and cheif commands Military or civil nor did he shut up or dispoile their Temples and Altars or render them incapable of Donations and Legacies In which last point by reason of a Law made by Valentinian in 370. the Pagan Preists and Temples were in a better condition then the Churches of the Catholicks Neither did he prohibite the Pagan Ceremonies but that the publick Sacrifices were continued at Rome until 391. As to the Heretical Christians it is apparent that in the beginning of his Reign and whilest he ruled onely in the West that he did make severe Laws against all Hereticks that they should forbear their Assemblies in City and Country and that all their Meeting-places or Churches should be confiscated The first Law in 370. is not recorded but the second runs thus Cod. Theodos. lib. 16 tit 5. lege 4. The Emppp. Valens Gratian and Valentinian A. A. A. unto Hesperius P F. P. We did heretofore in the behalf of the Catholick Religion that the Heretical Meetings might cease ordain that wheresoever any Assemblies were held in City or Country different from those of our Religion all such places should be seised upon and sold notwithstanding any pretenses to the contrary as if they were meerly set apart for the practise of a false Religion Whither the connivence and dissembling of the Magistrates or the refractoriness of those profane Persons shall hinder the execution thereof the same death shall be inflicted on those that give the occasion Given at Triers on the tenth of the Calends of May. Valens and Valentinian being Coss. A. D. 308. But notwithstanding that this penal Law was so strict and so rigorously enforced in the same year when Valens was dead the whole Empire devolved unto Gratian and he imbarked in a War with the Arian Goths in the East either out of reason of State to create a good opinion of him amongst his new Subjects to prevent Forreign correspondencies with his Enemies or the better to recal those from amongst the Goths who were banished or fled unto them from the fury of Valens or other motives as disliking the Proceedings of his Uncle in banishing such as were not of his judgement in point of Religion he by a Law bearing date at Sirmium did recal from banishment all those that were exiled for Religion and gave them free leave to profess what Religion they pleased and to assemble publickly in their seperate Churches Excepting the Manichees Photinians and Eunomians Hereupon many Orthodox Bishops did return to their Seas and in the same Town there