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Sect. 7. We now, therefore, marvel the more at the unreasonable dealing of the bishop of Rome, who, knowing what was the emperor's right when the Church was well ordered-knowing also that it is now a common right to all princes, for so much as kings are now fully possessed in the several parts of the whole empiredoth so without consideration assign that office alone to himself, and taketh it sufficient, in summoning a General Council, to make that man that is prince of the whole world none otherwise partaker thereof than he would make his own servant. And although the modesty and mildness of the emperor FERDINAND' be so great that he can bear this wrong, because peradventure he understandeth not well the Pope's packing; yet ought not the Pope, of his holiness, to offer him that wrong, nor to claim another man's right as his own.

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Sect. 8. But hereto some will reply: The emperor indeed called Councils at that time ye speak of, because the bishop of Rome was not yet grown so great as he is now; but yet the emperor did not then sit together with the bishops in Council, nor bare any stroke with his authority in their consultations.' I answer, Nay, that is not so. For, as witnesseth THEODORET, the emperor Constantine not only sat together with them in the Council of Nice, but gave also advice to the bishops, how it was best to try out the matter by the apostles' and prophets' writings; as appeareth by these his own words: "In disputation," saith he, "of matters of divinity, we have set before us, to follow, the doctrine of the HOLY GHOST. For the evangelists' and the apostles' works, and the prophets' sayings, show us sufficiently what opinion we ought to have of the will

• [JEWELL means the Emperor of Germany, who claimed to represent the Western branch of the Roman empire, and to succeed to all the dignity of the old emperors. In that age the empty precedence of title was yet allowed, and the right to create Kings was still supposed to reside in the head of the Holy Roman Empire.]

[FERDINAND I. emperor of Germany when the Apology was published, succeeded his brother Charles V. in 1558, and died in 1564. He was devotedly attached to the interests of the Church of Rome, although, on several occasions, his fidelity met with an ungracious return from its haughty chiefs.]

of God."--The emperor Theodosius, as saith SOCRATES,▾ did not only sit amongst the bishops, but also ordered the whole arguing of the cause, and tare in pieces the heretics' books, and allowed for good the judgment of the catholics." In the Council of Chalcedon, a civil magistrate condemned, for heretics, by the sentence of his own mouth, the bishops Dioscorus, Juvenal, and Thalassius; and gave judgment to put them down from their dignities in the Church. In the third Council at Constantinople, Constantine, a civil magistrate, did not only sit amongst the bishops, but did also subscribe with them. For saith he: "We have both read and subscribed." In the second Council called Arausicanum,' the prince's ambassadors, being noblemen born, not only spake their minds touching religion, but set to their hands also, as well as the bishops. For thus it is written

* Αλλως τε καὶ περὶ θείων διαλεγομένους πραγμάτων, καὶ του παναγίου Πνεύματος τὴν διδασκαλίαν ἀνάγραπτον ἔχοντας. Ευαγγελικαὶ γὰρ, φησὶ, βίβλοι καὶ ἀποςολικαὶ, καὶ τῶν παλαιῶν προφητῶν τὰ θεσπίσματα, σαφῶς ἡμᾶς ἃ χρὴ περὶ του θείου φρονεῖν ἐκπαιδεύουσι. THEODORETI Hist. Eccles. Lib. I. c. vi.

[HARDING brings a number of puerile objections to this evidence of Constantine's participation in the Nicene Council-such as that he came in last, sat on a low throne, did not sit down before the bishops, &c. JEWELL, in a long chapter of the Defence, triumphantly refutes them all, and shows from the contemporary historians, that the Council was considered as Constantine's-summoned by him, kept in order by him, and governed by his directions.]

▾ SOCRAT. Hist. Eccles. Lib. V. c. x.

w["The story in brief is this: Theodosius, [the First,] the emperor, the better to bring his Churches into unity, commanded an assembly of the bishops and best learned to appear before him, (SOZOMEN. Hist. Eccles. Lib. VII. c. xii.) and each part to write a several confession of his faith, that he himself might judge between them, which faith were the best. Having received their writings, he willed public prayers to be made, and also both privately prayed himself, that it might please GOD to assist him with His HOLY SPIRIT, and to make him able to judge justly. Then he perused and considered each confession asunder by itself: allowed only the Catholics; and condemned the confessions that were written by the Arians and Eunomians, and tare them in pieces. This is the true report of the story. Now whether the emperor Theodosius took upon him to hear and determine ecclesiastical causes of religion, or no, I report me to your own indifferent judgment."— Defence, p. 601.]

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Concil. Chalcedon. Act. 1. p. 831. EVAGRII Hist. Eccles. Lib. II. c. iv.

y Concil. Constantinop. III. Act. 2.

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[The second Council of Orange, in the principality of Orange, on the Rhone, was held in 527. It consisted of thirteen bishops.]

in the latter end of that Council: "Peter, Marcellinus, Felix, and Liberius, being most noble men, and famous lieutenants, and captains of France, and also peers of the realm, have given their consent, and set to their hands." Further: " Further: "Syagrius, Opilio, Pantagathus, Deodatus, Caria tho, and Marcellus, men of very great honour, have subscribed."--If it be so, then, that lieutenants, chief captains, and peers, have had authority to subscribe in Council; have not emperors and kings the like authority?

Truly there had been no need to handle so plain a matter as this is, with so many words, and so at length, if we had not to do with those men, who for a desire they have to strive, and to win the mastery, use of course to denie all things, be they never so clear, yea the very same which they presently see, and behold with their own eyes.-The emperor Justinian made a law to correct the behaviour of the clergy, and to cut short the insolent lewdness of the priests. And albeit he were a catholic prince, yet put he down from their papal throne two Popes, Sylverius and Vigilius, notwithstanding they were Peter's successors, and CHRIST'S Vicars !e

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[Lady Bacon has Englished these titles too thoroughly: we no longer recognise the officers of the Roman empire. A literal version of the Latin is: "Men of rank, honourable prefects of the prætorian guards in Gaul, and patricians."]

b [HARDING quibbles on the mode of subscription: contending that the subscriptions of the bishops in Council were definitive; those of laymen merely consentient. JEWELL shows, in reply, from authorities allowed as valid by the Church of Rome, that the laity have enjoyed the right to a definitive vote in ecclesiastical assemblies.]

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[Lewdness is here used in the obsolete sense of unlawful liberty.] "Nisi intra præscriptum tempus ad ecclesias suas redeant, deponantur, et alii in illorum locum surrogentur, idque authoritate et vi hujus præsentis legis." "Unless they (bishops and priests) repair again into their churches by a day appointed, let them be deprived from their livings, and let others be placed in their rooms, and that by the force and authority of this present law." Authent. de Eccles. diversis capitulis.

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[Sylverius was elevated to the papal dignity in 536. Being accused by his deacon Vigilius of an attempt to betray Rome, then besieged by the Goths, to the enemy, he was deposed by Belisarius, the general of Justinian's forces defending the city. The circumstances do no credit to any of the parties concerned. "Sylverius was summoned to attend the representative of his sovereign, at his head-quarters in the Pincian

Sect. 9. Let us see then, such men as have authority over the bishops-such men as receive from GoD commandments concerning religion-such as bring home again the ark of GOD; make holy hymns; oversee the priests; build the temple; make orations touching divine service; cleanse the temples; destroy the hill altars; burn the idols' groves; teach the priests their duties; write them out precepts how they should live ;

palace. The ecclesiastics who followed their bishop, were detained in the first or second apartment, and he alone was admitted to the presence of Belisarius. The conqueror of Rome and Carthage was modestly seated at the feet of Antonina, who reclined on a stately couch: the general was silent, but the voice of reproach and menace issued from the mouth of his imperious wife. Accused by credible witnesses, and the evidence of his own subscription, [to an intercepted letter to the king of the Goths,] the successor of St. Peter was despoiled of his pontifical ornaments, clad in a mean habit of a monk, and embarked, without delay, for a distant exile in the east." (GIBBON, Vol. III. p. 93.) Sylverius was taken first to Patara, in Lycia, and thence to the island of Palmaria, on the western coast of Italy, where he was either starved or murdered, in 538.

Vigilius purchased the succession by a bribe of two hundred pounds of gold, from Antonina, the flagitious wife of Belisarius, and in this instance the tool of the equally flagitious empress Theodora. He was not actually deposed by Justinian. In the obscure controversy concerning the Three Chapters, (one of the many professions of nice differences in faith to which the Nestorian and Eutychian heresies gave occasion,) he espoused an opinion unacceptable to his emperor. He was called to Constantinople, and forced in despite to his own inclinations, to condemn the formulary in question. On his return, the bishops of Africa and the West, by threats of ejection from their communion, induced him to retract. Again he was compelled to a weary journey to the royal city: but being less ready in tergiversation than before, he was sent into exile. This shattered his weak resolution; and a third time he changed his profession, and was permitted to return to Rome, but died on his way, in 555. Such is the history of a Pope, before the Papal power had attained its manhood!

With respect to the deposition of Popes by laymen, JEWELL adds, in the Defence: "I leave sundry examples of emperors that by their authority have deposed not only other bishops, but also Popes: as the example of Honorius, that deposed Pope Boniface; of Theodoric, that deposed Pope Symmachus; of Otho, that deposed Pope John XII.; of Henry, that deposed Pope Benedict IX., and that, as it is recorded, not by wilful 'might or tyranny, but 'imperiali et canonica censura :' 'by his imperial, and the canonical, censure.' Yea, one of your own friends saith thus: Populus commendabiliter,' &c. The people (of Rome) commendably moved with zeal for the faith, took Pope Constantine, and pulled out his eyes, and deposed him; for that he was a scandal to the Church.' (JOH. DE PARISIIS, De Potest. Reg. c. xiv. 23.)"-Defence, p. 610.]

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kill the wicked prophets; displace the high priests; summon together holy Councils; sit together with the bishops, instructing them what they ought to do; examine, condemn, and punish heretics; be made acquainted with matters of religion; subscribe and give sentence to the determinations of Councils-and do all these things, not by any other man's commission, but in their own name, and that both uprightly and godly : shall we say, It pertaineth not to such men to have to do with religion? Or shall we say, A Christian magistrate, which dealeth amongst others in these matters, doth either naughtily, or presumptuously, or wickedly? The most ancient and Christian emperors and kings that ever were, did occupy themselves in these matters, and yet were they never for this cause noted either of wickedness, or of presumption. And who is he that can find out either princes more catholic, or examples more notable?

Sect. 10. Wherefore, if it were lawful for them to do thus, being but chief magistrates, and having the chief rule of commonwealths; what offence have our princes at this day committed, that they, being in the like degree, may not have leave to do the like? Or what especial gift of learning, or of judgment, or of holiness, have these men now, that they, contrary to the custom of all the ancient and catholic bishops, who used to confer with princes and peers concerning religion, do now thus reject and cast off Christian princes from knowing of the cause, and from their meetings?

Well, thus doing, they wisely and warily provide for themselves, and for their kingdom, which otherwise they see is like shortly to come to nought. For if so be they whom God hath placed in greatest dignity, did see and perceive these men's practices-how CHRIST'S commandments be despised by them-how the light of the Gospel is darkened and quenched out by themand how themselves also be subtly beguiled and mocked, and unawares be deluded by them, and the way to the kingdom of heaven stopped up before them; no doubt they would never so quietly suffer themselves, neither to be disdained after such a proud sort, nor so despitefully to be scorned and abused by them. But now, through

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