silence in all Places and the burning of all their Books and both upon no less Penalty than Death it self This Law being of so severe a strein was no doubt made upon some special Provocation as generally capital and sanguinary Laws were particularly the 51 and 56 of Honorius against the Donatists and therefore being made in some suddain transport of Passion we do not find that they were ever put in execution for the Emperors never put Men to death for meer Heresie the Circumcellians were hang'd as high-way Robbers the Priscillianists and practical Manichees were put to death as Debauchers of Mankind but otherwise the Imperial Laws reacht not Mens lives in case of Heresie it being a standing rule of the Fathers that their punishments ought to be such as to leave the Offenders in a capacity of repentance Nay they were so far from touching Mens lives that they rarely or never that I remember inflicted any bodily punishments Their usual Penalties were proscription of Goods confiscation of Estates forfeiture of the Meeting Houses deprivation of the Priviledges of a Roman Citizen incapacity of bearing Office in Church or State intestability and last of all banishment of the Preachers and all that conceal'd them which last as it proved the most easy and effectual punishment for the extirpation of any Heresy so it was least odious and grievous to the People extending not to the generality but only to a small handful of Men. This Law with another at the tail of it inflicting severe Penalties upon all Officers that neglect its execution is strong enough to master the most head-strong Faction in the World And with this sort of Law does this young Emperor conclude all his Laws against the Eunomians In the year 399 he remits the usual punishment of Intestability and beside the infliction of the other common Punishments relys chiefly upon the deportation of the Preacher and so after that we hear no more of them in his reign and as by this means he rooted the Eunomians out of the East so did Honorius vanquish the Donatists in the West for all the following Rescripts of this reign under this Title de Haereticis are his Constitutions against that Sect of which we have had an account already § XII But beside these Penal Laws against Hereticks Honorius enacted divers Laws of Priviledg to the Catholicks No wonder then if as the Historians observe the Hereticks flockt so fast into the Church under the reign of these two Princes when they followed nothing but Sun-shine and Court-favor And therefore seeing that these Princes were resolved to tread in their great Fathers steps and to annex the Preferments of the Church to the Orthodox Faith they had no other hopes left than to tack about to it and when they could not after all their pains make the Church come to them it is not to be supposed that Gentlemen of their yielding and waxen temper would be so stout as not to bend to that And so at length this powerful Faction that had so long imbroil'd the Christian World with Wars and Tumults of Wars from the very time of Constantine the Great now began to forsake themselves And those very few that stuck to the Cause rather out of peevishness than Principle relyed only upon their remains of Court Interest for their support as we are informed by Synesius concerning some of them that came into his little Diocess of Ptolemais to debauch the Church there setting up Quintianus for their Bishop backt as they boasted by Court-power so that it seems though the Emperors had declared against them they were so far from wanting Friends there that they were proud of their strength At his first coming to the Crown he confirms all manner of Priviledges granted by any of his Predecessors to the Church and commands his Officers that they diligently perform the duty of Tuition i. e. that they defend and protect the Priviledges of the Church against all Invasions and if it were requisite from Violence And therefore this Office was both Civil and Military Civil Tuition was the standing Office of the Civil Magistrate to protect the Church in its Priviledges The Military was a lawful Guard allowed by the Civil Magistrate to defend any Publick Assembly from violence and therefore this kind of Tuition was not granted in the Contests of private Men and there is an express Law of Theodâ—siâ—s the Great to restrain it but only to Publick Societies as to the Jews to guard their Synagogues and to the Navicularii i. e. those Officers that carried away the Tribute Corn from other Places to Rome or Constantinople who were constrain'd to have Guards for their defence against the fury of the hungry Rabble and to the Christian Churches to protect them from the Assaults and Outrages of Hereticks though this was rarely put in Execution anywhere but in Africa where it was necessary to defend the Christian Assemblies against the Troops of the Circumcellians And this Emperor was at last forced to restrain their fanatick Violence by Capital punishments requiring withal of all his Officers to put it in execution by vertue of their Office without the Complaint or Information of the Bishop because his Function obliged him to acts of Mercy and if the Offenders made any resistance they were impowr'd to fall upon them with the Emperors Forces whose assistance they were by this Rescript authorised to demand in his Majesty's Name This was a brisk Law but nothing more gentle than this could make any impression upon Men of their temper and bloody Principles And here the clause commanding the Officers to proceed against them without staying for the Bishops complaint cui sanctitas ignoscendi solam gloriam reliquit is very remarkable because it becomes Bishops in such Cases to spare Mens lives and therefore St. Austin tells the Proconsul of Africa that if he put the Donatists to death they should cease their Information against them But this is quite different from the Case of the Priscillianists because these are particular Offences and Miscarriages against particular Men whereas their fault was a general Offence against Mankind in the one the Crime lay in the Action that may be forgiven because but transient in the other it lay in the principle that cannot because perpetual So that though it may be a decent Act of Mercy in a Bishop to interceed for pardon to a criminal Action yet to do it for a debaucht Principle were to make himself Patron of the Wickedness But to proceed in the year 397 he publishes a Law against the Mutilation of the Priviledges of the Church and this the Emperors were often forced to do because thir Officers and Governors were apt to oppress them Especially where the Church was wealthy and the Governors heathen as Theodorus was to whom this Rescript was directed they were very forward to hook them in towards bearing their share in those publick burthens from which
Religion and Loyalty The Second Part. OR THE History of the Concurrence of the Imperial and Ecclesiastical Jurisdiction in the Government of the Church from the Beginning of the Reign of Jovian to the End of the Reign of Justinian By SAMUEL PARKER D.D. Arch-Deacon of Canterbury LONDON Printed for John Baker at the Three Pigeons in St. Paul's Church-yard MDCLXXXV TO THE READER THE Church of England having acknowledged and declared His Majestie 's Supremacy in Causes Ecclesiastical to be of the same Nature and Extent with that Authority that the Christian Emperors claim'd and exercised in the Primitive Church I deem'd it no unuseful piece of Service to my King and Country to inform my self and my Fellow-Subjects out of the Records of those times of our true Duty to the Royal Supremacy And to this end I have drawn up as exact a Chart as my little Skill could reach of the Primitive Practice of the Three first Centuries after the Empire became Christian. Neither have I only Surveyed and coasted the general History but have sounded every part of it and not only described the safe Passages and right Chanels through which the abler Pilots steer'd their Courses but the Shallows the Gulfs the Rocks and the Sands upon which the less Skilful or less Fortunate Shipwrackt their Governments Neither have I presumed to make any Political Remarks of my own but have only observed the Natural and Historical Events of Matters of Fact And by the Experience of 300 years in which all Experiments were tryed we are fully instructed in all the right and all the wrong Measures of Government in the Christian Church In the Reigns of the great Constantine Jovian Gratian Theodosius the Great Arcadius Honorius Theodosius the younger Marcian Leo Justin and Justinian are exemplified the Natural good Effects of abetting the Power of the Church by good Laws and their effectual Execution In the Reigns of Julian and Valentinian we may observe the inevitable Mischiefs of Toleration and Liberty of Conscience In the Reigns of Constantius and Valens but especially of Zeno and Anastasius are to be seen the fatal and bloody Consequences of pretended Moderation or as we phrase it comprehension that indeed unites all Parties but then it is like a Whirlpool into one common Gulf of Ruin and Confusion This is the short account of this Undertaking and the Historical Events of things being withal so very Natural they will of themselves amount to a fair Demonstration of the Necessity of Discipline in the Church and Penal Laws in the State All that I can ensure for the Performance is its Truth and Integrity I have faithfully and impartially perused all the most Material and Original Records both of Church and State and out of them and them alone have Collected the ensuing History and if that prove true and for that I stand bound the Conclusion that I aim at will make it self The CONTENTS SEct. I. The State of the Church under Jovian The Hypocrisie both of the Eusebians to recover their Bishopricks and of the Acacians to preserve theirs in owning the Nicene Faith page 1. § II. Of Valentinian his Edict for Liberty of Conscience The struglings of the Eusebians against the Acacians Their Councils at Lampsacus and Tyana to that end They are defeated by the juglings of the Acacians The dishonest craft of the two Leaders Eudoxius in the East and Auxentius in the West p. 7. § III. The Persecution of St. Basil by the Eudoxians his discourse with the Prefect Modestus Dear to the Emperor Valens Valens himself no Arian but abused by the Eudoxians the deplorable State of the Eastern Church at that time under their Oppressions St. Basil's misfortune in receiving Eustathius of Sebasta to communion The death of St. Athanasius The Heresie of Apollinaris how suppressed p. 27. § IV. The Election of St. Ambrose to the See of Milan The death of Valentinian the mischiefs he brought upon the Empire by his principle of Liberty of Conscience Themistius the Philosopher's Address to Valens in behalf of the Orthodox The Emperor Gratian's Rescripts and effectual Proceedings against Hereticks His restitution of the Discipline of the Church The bounds of the Imperial and Ecclesiastical Jurisdiction briefly stated The great Schism at Antioch occasion'd by Julian's toleration p. 35. § V. The singular care of Theodosius the Great to settle the Church and Orthodox Faith Vindicated in his Institution of the Communicatory Bishops He summons the general Council at Constantinople and confirms all their Decrees by several Imperial Rescripts Wisely forbids all Disputes about Religion Assists the young Valentinian against the Tyrum Maximus and prevails with him to reverse his severe Rescript against the Catholicks p. 55. § VI. Valentinian made the first open breach upon the Power of the Church in taking to himself the Power of Judicature in Matters of Faith St. Ambrose his Sufferings upon that account His Embassy to Maximus his Wisdom and Courage Maximus his Conquest of Italy and overthrow by Theodosius The Stars raised by the Hereticks at Constantinople in the Emperor's absence The method of lying People into Tumults His effectual enacting and executing Laws against them settles the Church in Peace p. 66. § VII His Laws made without the concurrence of the Church for reforming the Abuses of Widows and Deaconesses the disorders of Monks and the Abuse of Church-Sanctuary p. 81. § VIII His Laws without the same concurrence against Manichees Apostates Pagans and in behalf of the Jews p. 89. § IX Of the Council of Aquileia Of the Schism at Rome between Damasus and Ursicinus Of the Schism at Alexandria between Peter and Lucius Of the Schism at Antioch between Paulinus and Flavianus p. 98. § X. The unparallell'd Immorality of the Priscillian Heresie The Prosecution of them by Ithacius justified against Mr. B. they were executed as Malefactors and Traitors not as Hereticks St. Martin's great indiscretion in interceding for them p. 124. § XI The praise of Theodosius against the Calumnies of Zosimns The Laws of his Son Arcadius against the Hereticks p. 152. § XII His Laws of Privilege to the Catholicks The several Laws of Tuition The Law of civil Decision in the Church by Arbitration The Laws against Appeals from the Church to the civil Power p. 167. § XIII His Laws of Reformation of Discipline Against the tumults of Monks the abuse of Sanctuary against the Johannites against Apostates In behalf of the Jews The Laws of Honorius against and for the Jews The Laws of both Emperors under the Title de Paganis p. 180. § XIV The history and design of the Theodosian Code Theodosius his own Novels Of the Parabolani of Alexandria The famous Law concerning the Churches of â—lâ—yricum explain'd together with his other Laws and the Laws of Valentinian the third p. 198. § XV. The History and Acts of the Council of Ephesus against Nestorius and Imperial ratification of the Decreeâ—â—f the Church by Marcian p. 225. § XVI The
those who receive the holy Eucharist without eating it For that was the common Practice of those prophane Wretches that they might avoid discovery to seem to communicate with the Catholiques even in this great Sacrament but that they might not be guilty of joyning in true and real communion secretly to conveigh it away and so turn it into occasional Communion as we call it And to the like purposes are the other Canons The Heretiques being thus condemn'd in Council they make Priscillian the Bishop of their Sect upon which Ithacius and Idacius apply themselves to the secular Magistrate and at length gain a Rescript from the Emperour Gratian to banish them not only from all Citys but out of the Empire it self For the words in Sulpitius extra omnes terras can signifie no less though Gothofred surmises that their meaning reaches no farther than the Territories belonging to that particular City that they inhabited As when any man was banisht from Rome he was banisht an hundred miles from it because so far its Territory or Suburbicary Diocess extended As in the case of Vrsicinus who when he was driven out of Rome was confined to keep at that distance But I would fain know of the learned Civilian where he ever met with this sense and construction of extra omnes Terras when put absolutely though he knows it was a common phrase to express the whole Empire And so it must be taken here for the men were condemn'd to banishment for propagating wicked and debauch't Principles and if that were only out of the Province in which they lived that would be but a means to spread the Contagion over all the Countrey And therefore the Priscillianists upon the Publication of the Rescript were not only forced to quit their own particular Provinces but Spain it self and farther their Prosecutors were not concern'd to pursue them But having quitted Spain they betake themselves to Italy and there endeavour to clear their Innocence to Damasus Bishop of Rome and Ambrose Bishop of Milain but they are so wise as to refuse so much as to see or hear them Upon that they are forced to betake themselves to the standing shift of all Heretiques to buy off the Laws of the Church with the Courtiers And to this end they bribe Macedonius the Magister Officiorum who thereupon prevails with the Emperour to reverse his Rescript against them whereupon they return home with triumph and rebribe Volventius the Governour so powerfully that he forces Ithacius to fly his Countrey Who thereupon betakes himself to Gregorius the Emperour's Praefectus Praetorio in France to whom Volventius was subject as his Vicarius and acquaints him with the disorders in Spain and upon the information he immediately commands his Spanish Vicarius to send the Heretiques to him and in the mean time whilst they were upon their Journey informs the Emperour of all their wicked pranks But all in vain for by reason of the exorbitant power and wantonness of a few men at Court all things were there exposed to sale and therefore the Heretiques after their old custom with a great Sum of Money bribed their old Patron Macedonius to perswade the Emperour to take the cognisance of the matter from the Praefectus Praetorio and refer it back to his Viceâ—rius in Spain Which was accordingly done and a Messenger sent by Macedonius to seize Ithacius and carry him Prisoner into Spain though at that time he escaped his hands In the Year 385. the Tyrant Maximus rebels and overcomes Gratian in France and after his Victory coming to Treives where Ithacius then resided he immediately makes his address to him against the Heretiques who storms at them and immediately commands the Governours of France and Spain to conveigh them safe to a Synod at Burdeaux in which Instantius is deposed But Priscillian appeals from the Judgment of the Council to the Emperour and accordingly himself and all his Partisans are carried before him at Treives where St. Martin being at that time he advises Ithacius to desist from his Prosecution and Maximus to spare their blood because it was more than enough that they were condemn'd by the Episcopal Sentence and deprived of their Churches and that it was a new and unheard of Prophaneness that a Secular Judge should give Sentence in an Ecclesiastical cause In which Advice the good man has betrayed great Ignorance of affairs and great Weakness of understanding Ignorance in that it was so far from being a novelty or prophanness for Princes to enact penal Laws in Ecclesiastical causes after the Judgment of the Church that it was ever look't upon as a piece of their duty to abet it if they approved it with secular Laws and Penalties And weakness in that he thought deposition from their Bishopricks a sufficient punishment for such men as Sulpitius himself says were not worthy to live And if they were not so how could he find fault as he there does with the ill example of putting them to death For they were not proceeded against as meer Heretiques but as Villains and therefore it was a great meanness of Understanding in St. Martin to think an Ecclesiastical Censure a sufficient punishment for such men as had renounced not only the honesty but the modesty of humane Nature and that was their crime as appears by the condemnation of Priscillian For though St. Martyn whilst he continued at Treives kept off their Tryal yet he was no sooner gone than Maximus referr'd the Examination of the whole matter to Evodius of whom Sulpitius gives several Characters here he is vir acer et severus in the life of St. Martin Vir quo nihil unquam justius fuit But before him upon a double hearing Priscillian is convicted of all the Crimes laid to his charge and himself confesses that he taught Doctrines of uncleanness that he kept night-Conventicles with lewd Women and that he was wont to pray naked before them Upon which he is condemn'd And a Narrative of the Proceedings deliver'd to the Emperor Who was so satisfied with the Evidence of the Testimony and so disgusted with the foulness of the Confession that he immediately beheaded Priscillian with some of the Ring-leaders and banisht the rest and he thought the Matter so foul that he had not confidence to express it as he affirms in his Letter to Pope Siricius What discovery was lately made of the wickedness of the Manichees for so the Priscillianists were at first vulgarly call'd not from doubtful or uncertain Suspicions but from their own Confessions I had rather that your Holiness should be inform'd from the Acts themselves than my Mouth because I have not confidence to say such things as are too foul not only to be acted but spoken And I think the most merciful Prince could scarce have been less severe to such a Crew of debauch't Ranters They are the worst sort of Men that turn Religion
Autoritates quas Ecclesia Vniversalis amplexa est ad arbitrium haereticae petitionis infringere atque ita nullum colligendis ecclesiis modum ponere sed datâ licentiâ rebellandi dilatare magis quam sopire certamina For when the most proper means for securing the Faith is that we acquiesce in those things that are legally settled by the direction of the Holy Ghost otherwise we shall but destroy what is already well settled and affront that Authority that has been own'd by the Catholick Church for the humor of every petulant Heretick and so shall have no means left to preserve the Churches Peace but opening a gap to all rebellion we shall rather propagate than quel Contentions and so concludes ' that when a thing is once determin'd by the Authority of the Universal Church Quis est nisi aut Antichristus aut Diabolus qui pulsare audeat inexpugnabilem firmitatem qui in malitiâ suâ inconvertibilis perseverans per vasa irae et suae apta fallaciae falso diligentiae nomine dum veritatem se mentitur inquirere mendacia desiderat seminare Who but these great Enemies to Christianity the Devil and Antichrist would dare to shake the settled foundation who presevering stubborn in his Malice by his Vessels of Wrath that are apt Tools for his Craft under a false pretence of a greater diligence whilst he counterfeits to search after truth sows his Tares And therefore when the Hereticks only mâ—ved for a conference and the Emperor being inclined to a request as he thought so easie No says Pope Leo this is as great an Affront to the Calcedon Fathers as to grant them a new Council Evidenter agnoscitis quod magnis haereticorum audetur iâ—sidiis ut inter Eutychetis Dioscorique discipulos et eum quem Aposâ—olica sedes direxerit diligentior tanquam nâ—hil ante fuerit definitum tractatus habeatur et quod totius mundi Catholici Sacerdotes in sanctâ Calcedonensi Synodo probant gaudentque firmatum in injuriam etiam sacratissimi Concilii Nicaeni efficiatur infiâ—mum Your Majesty cannot but observe the crafty attempts of Hereticks that there should be a farther Debate between the Hereticks and us as if there had been nothing already determin'd and the settlement made by the Holy Council of Calcedon to the great joy of the Catholick Church all the World over should be slited to a dishonorable reflection upon the Council of Nice it self And whereas the Emperor desired him to send Commissioners he offers to send them not to dispute with the Hereticks that he scorns but to put the Sentence of the Church in effectual execution against them Which was accordingly done and Timotheus Aelurus was deposed banisht and imprison'd and when he petition'd for leave to come to Constantinople there to make a publick declaration against the Eutychian Heresie to this Pope Leo says No again for though that may set him right as to his Faith yet it can never wash away the guilt of his wicked and bloody Actions the Absolution whereof requires some other expiation than fair Confessions and therefore he enjoins Gennadius then Bishop of Constantinople not so much as to admit him into his presence at his peril as he had not long before school'd his Predecessor Anatolius for being too remiss against the Hereticks and suffering one Atticus a Presbyter publickly to dispute the Eutychian Controversie after the determination of the great Council The sum of all is that the matter was already decided by the Authority of the Church and after that there remains no liberty of Dispute And therefore instead of indulging that he advises the Emperor to exert his Imperial Power in defence of the Faith and that when the Church had done its part in declaring it it was now his duty to maintain it against the Assaults of restless Spirits Cùm enim Clementiam tuam Dominus tantâ Sacramenti Illuminatione ditaverit debes incunctanter advertere Regiam Potestatem tibi non solùm ad Mundi regimen sed maximè ad Ecclesiae praesidium esse collatam ut ausus nefarios comprimendo et quae bene sunt statuta defendas et veram pacem his quae sunt turbata restituas c. Seeing your Majesty is by the Grace of God endued with so good an Understanding you ought out of hand to consider that Your Royal Power was given you from above not only for the Government of the Empire but chiefly for the Protection of the Church that by suppressing seditious Attempts you may defend what is already establisht and restore Peace where things are in disorder That is the true state of the use of Regal Power in the Government of the Church to protect and assist it in the free exercise of its own legislative Authority not to assume and annex it to the Imperial Crown It would be an endless thing to transcribe all the Passages to the same purpose out of the several Returns made to the Emperor from the Eastern Bishops they all move upon this one hinge that what was determin'd by the Church was Sacred Law and therefore no review or farther dispute of the Resolution of the Calcedon Council And thus was this stubborn Controversie laid and the Church settled in Peace and Unity all this Emperor's Reign But beside these Laws of Discipline to enforce the Authority of the Church he made divers other Laws in behalf of the Church that were meer acts of his Royal Grace and Favor bestowing several Priviledges and Immunities upon Churches and Church-men Thus he granted the right of Sanctuary to all Religious houses so as to punish its violation with no less Penalty than Death Another Law he enacted to forbid all Plays and prophane Sports on Holy-days and to protect Men from Law-suits Arrests and Vexations at times dedicated to the Service of God upon pain of forfeiture of Estate And a third Law to forbid all but Christians to plead in Courts a fourth against the Sacriledg of Simony and a fifth to exempt the Clergy from being forced to appear before Secular Courts beside a great many other Priviledges granted to particular Churches § XVIII But he dying after he had Reigned 17 Years and 6 Months in the Year 474 his Son-in-Law Zeno unhappily succeeds to the great loss both of Church and State a man altogether unfit for Government being not only a weak a careless and a dissolute Prince but one that affected to expose himself to the contempt of the World by making his Follies and Debaucheries publick esteeming it a poor and sneaking thing to conceal his wickedness but brave and Prince-like to be wicked in sight of the Sun And consequent to this strange folly he was a shameless Oppressor of his Subjects robbing and defrauding them and wherever he could by any indirect shifts seizing any thing into his hands and no wonder when Millions of Worlds are not sufficient to defray the Charges of an unbounded Luxury These practices
poison'd himself upon Zeno's recovering the Empire Peter Moggus was chosen his Successor by the Eutychian Faction but is deposed by the Emperor 's own Command and Timotheus Salophasiolus their Lawful Bishop is restored This Timotheus was chosen to the See of Alexandria upon the deposition of Timotheus Aelurus by the Emperor Leo was ejected by Basiliscus restored by Zeno and after 23 years from the date of his Election dyes And his keeping that See so long did not a little contribute to the Disorders of that Church he being a softly and unactive Man that would never put the Discipline of the Church nor the Imperial Laws in execution against the Hereticks and though Complaints of his remisness were carried to the Emperor and though the Emperor sent him particular Orders to break up their Conventicles he could not be prevail'd upon to act but instead of that suffer'd himself to be prevail'd with upon pretence of Peace and reconciling to put Dioscorus himself into the Dyptichs and by this gentleness he became very popular among the factious Alexandrians insomuch that as he at any time passed through the Streets the Rabble were wont to salute him with this out-cry viz. That though we cannot communicate with thee yet we cannot but love thee And the silly Man was so charmed with this childish Rattle that he parted with his Episcopal Authority to purchase it and by this means it was that the Faction grew so great in that City And certain it is that the Courtiers of Popularity are of all Men most unfit for Government in the Church they will certainly betray their Trust and their Duty to the applause of the People But upon his death in the year 482 the Clergy of Alexandria elect Joannes Talaia who is rejected by the Emperor's Command and who but Petrus Moggus put in his stead This the Historians say was done by the instigation of Acacius out of a private picque against Talaia for neglecting to send Synodical Epistles according to custom to signifie his election to him as he had done to the other great Sees But however outed he was upon pretence of enormous Crimes Perjury and Simony in that he had obliged himself under Oath never to accept of that Bishoprick and yet for all that had purchased it with Money as Evagrius reports from Zacharias Rhetor the Eutychian Historian And Liberatus says that he was Treasurer of the Church of Alexandria and out of the Churches Treasure purchased the Bishoprick of Count Illus at that time a powerful Man at Court It is certain that that was the occasion of the miscarriage of his Synodical Letters to Acacius they being inclosed in others directed to his Patron Illus who hapning to be absent at that time as far as Antioch the Messenger thought himself obliged to continue his Journey forward for the safe delivery of his Letters in which Interval of time Acacius being a very proud man was pleased to conceive his Jealousy against Joannes Talaia and procure his deposition upon the fore-mention'd Articles and then treats with Petrus Moggus and his Court-Patrons and receives him to communion upon his acceptance of the Emperor's instrument of Union but that was to please the Emperour for in private he obliged him to receive the faith and authority of the Council of Calcedon as himself like a time-rigling Knave as the Historian calls him declares over and over in his Apologetical Epistle to Acacius to vindicate himself from the calumny of his having contrary to his Faith renounced the Council And the same shuffling Arts are observed of him by Liberatus that he prevaricated with both Parties pretending to Acacius to communicate with the Synod and to the Alexandrians to defy it And the Emperour Zeno himself assures Pope Foelix that he was not admitted to his Bishoprick but upon his owning the Council of Calcedon in an Epistle extant in Liberatus But when the wicked man had gain'd his point he forswears all his subscriptions anathematises the Council and Leo's Epistle blots Proterius and Salophasiolus out of the Dypticks and puts in Dioscorus and Timotheus Aelurus And now here do we find by vertue of this Imperial Instrument of Union the whole Christian World involved in a Civil Warr one Party asserting the Council of Calcedon another anathematising it a third despising both and trampling upon all the Discipline of the Church in defence of a Court-irregularity But the quarrel run highest between the two powerful Bishops of Rome and Constantinople for Acacius Bishop of Constantinople having the Court and the Emperour to back him bids defyance not only to the Pope but to the Catholique Church and all its Laws For though himself was the first man that had appear'd against Petrus Moggus and convicted him of manifest Heresy and certified his conviction to Pope Simplicius yet now without any due satisfaction receives him not only to Communion but prefers him to one of the highest dignities in the Christian Church And thô after all these obliging streins of Courtesie Moggus discover'd his obstinacy by anathematising the Council and changing the Dypticks Acacius winks hard and will not see it but stands by him to the last drop of blood calls all the Power of the Court into his assistance to support him against the Discipline and Authority of the Church slites he admonitions of the greatest Bishops in it Imprisons their Legates defies their Sentence lives and dyes excommunicate and all this for a Man that himself could not but know to be a sâ—ubborn Heretick The full account of all these transactions beside the Relations of the Historians Liberatus and Evagrius is to be seen in the Letters of Pope Simplicius and Foelix the Breviculus Histâ—riae Eutychianistarum and the Acts produced in the Cause of Acacius at the Council at Rome all which are printed together in their proper place and order of time in Labbe's Councils The first correspondence about this matter against Petrus Moggus was as I have already intimated opened by Acacius himself in his Epistle to Simplicius informing him that upon the death of Timotheus Aelurus one Petrus Moggus an excommunicate Person being a Thief and a Son of Darkness had at midnight stoln into the Throne of Alexandria having only one Companion to attend him by which Act of madness he made himself obnoxious to greater Punishments than had been hitherto pronounced against him but however he was defeated of his Design for Timotheus Salophasiolus being restored to his Throne this foolish thief durst never shew his head more In answer to this Simplicius returns divers congratulatory Letters not only to Acacius but the Emperor Zeno exhorting him to banish Moggus out of the City But in the next Letters he complains of the neglect of his Advice and suspects warping and luke warmness in Acacius and the next news we hear is that upon the death of Timotheus Petrus Moggus is by the power of Acacius advanced
appears by those prodigious Provisions that he made that there should be no such thing as Poverty within the Empire but for the Readers satisfaction or rather amazement in this matter I must refer him to the Books de Aedificiis And now I hope I have sufficiently vindicated the Reputation of this matchless Prince against all the malicious Calumnies both of the Libel and the Librarian so as to make it appear that it could never be written by Procopius but by some Man in the barbarous Ages that was ignorant of the Customs and Transactions of that Time and that the whole Work is nothing but an heap of ignorance malice and false-hood And is proved so by the best and most undoubted Records of that Age. And I know not what can be done more for the Discovery and Conviction of an Imposture FINIS Books lately Publisht by the Author DIsputationes de Deo et Providentiâ divinâ I. An Philosophorum ulli et quinam Athei fuerunt II. A rerum finibus Deum esse demonstratur III. Epicuri et Cartesii Hypotheses de Universi Fabricatione evertuntur IV. Mundum neque prorsus infectum neque necessitate factum sed solo Opificis consilio extructum fuisse demonstratur V. A generis humani Ortu et Corporis humani structurâ Deum esse demonstratur VI. Contrâ—â— Sâ—epticorum Academicorum disciplinam potissimùm Ciceronis de Quaestionibus Academicis libros et Cartesii Meditationes Metaphysicas disputatur The divine right of the Law of Nature and the Christian Religion The Case of the Church of England stated An Account of the Government of the Christian Church for the first six Hundred years Religion and Loyalty or a Demonstration of the Power of the Christian Church within it self The Supremacy of Soveraign Powers over it Duty of passive Obedience or Non-resistance to all their Commands Religion and Loyalty Part the 2 d. or the History of the Concurrence of the Imperial and Ecclesiastical Jurisdiction in the Government of the Church from the beginning of the Reign of Jovian to the end of the Reign of Justinian Can. 2. (a) Invec 1. p. 80. A. (b) Am. Marcel l. 21. c. 2. (c) Theod. l. 4. c. 1. (d) l. 3. c. 22. (e) Sozom. l. 6. c. 3. (f) Greg. Naz. in laud. Athanas (g) Athanas de fide ad Jovian (h) Soc. l. 3. c. 25. (i) Sozom. l. 6. c. 5. (k) lib. 6. c â— (l) Lib. 26. c. 1. (m) de Males et Mathemat l. 9. v. Sozimus lib. 4. (n) ibid. l. (o) De Medicis et Professor l. 5. (p) ibid. l. 6. (q) Sozim l. 6. c. â— L. 20. Qutru Appellat sint suscip (r) Soc. l. 4. c. 12. Saeculi 40 pars prima § 14. (s) Theod. l. 4. c. 8. (t) Epist. 74. (u) Soz. l. 6. c. 12. (w) Hilarii frag l. 1. pag. 40. (x) Athanas ad Episc Afric (y) Athanas ep ad Epictelum (z) Sozom. l. 6. c. 12. (a) Theod. l. 4. c. 13 14. (b) Epist. 61. (c) Sozom. l. 4. c. 27. (d) Epist. 10. (e) ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 (f) Socrat. l. 4. c. 13. (g) Socrat. l. 4. c. 14. Sozom. l. 6. c 13. V. Baroâ— an 317. N. 29. et Vales. not in Socrat (h) Socrat. l. 4. c. 15. Sozom. l. 6. c. 13. (i) lib. 4. c. 19. (k) Basil Epist. 69. (l) Epist. 70. (m) V. Greg. Naz. de laud. Basil. (n) Theod. l. 5. c. 10. de Haeret. l. 33. (o) Theod. lib. 4. c. 6. (p) Cod. Theodos. de Episc Cler. l. 3. (q) Can. Apost 80. (r) Am. Marcel lib. 30. C. 6 (s) Epist. 140. (t) Soc. l. 3 c. 25. (u) Orat. 9 (w) lib. 30. (x) Ne Baptisma iteretur l. 1. (y) l. 3. * L. 75 de Decurionibus (z) de Haeret l. 4. (a) Soc. l. 5. c. 2. Sozom l. 7. c. 1. (b) Theod. l. 5.12 (c) l. 2. (d) de Haeret l. 5. (e) de Epist l. 23. (f) de concord l. 2. c. 1. § 4. (g) Novel 83. (h) Am. Marcel l. 31. (i) in Cron. (k) l. 7. c. 33. (l) lib. 4.35 c. 37. (k) Soc. l. â— c. 2. Soz. l. 7. c. 1. Theod. l. 5. c. 2. (l) lib. 3. c. 3. et c. 23. (m) l. 2. (n) Soc. l. 5. c. 4. (†) Account of the Government of the Church § 20. (c) Soc. l. 5. c. 8. Soz. l. 7. c. 7. (p) de Haeret l. 6. (q) de Haeret l. 8. (r) de Haeret l. 11.12 (s) ibid. l. 13. (t) ibid. 14. (u) de his qui super Religione contendunt l. 2. (w) V. Gothofredi Notas in legem (x) Orat. 26. (y) de fide Cathol l. 4. (a) Ruffin l. 2. c. 16. (b) Lib. 4. Epist. 32. (c) Ambros. l. 5. Epist. 27. in which Letter he gives an account of his Embassy to the Emperor (*) Zosimus lib. 4. (d) Ambrose Ep. 26. (e) See his Epistles in their proper place in Labbé (f) De Haeret l. 15. (g) Sozom. l. 7. c. 14. (h) Ambros. Ep. 29. (i) Soc. l. 5. c. 13. (k) De Haeret l. 16. (l) l. 17. (m) De Haeret l. 19. (n) Lib. 7. c. 17. (o) Soc. l. 5. c. 20 22 23. Sozom. l. 7. c. 17. (p) De Episc l. 2â— (q) An. 390. N. 70 71. (r) Lib. 2â— c. 3. (s) Dé Episc l. 20 (t) Epist 31. (u) Marciani Novella 5. (w) De Testam l. 48. (x) De Mâ—nachis l. 1. (y) De D curionibus l. 63. (z) De Episc l. 3.6 9 Cod. Tit. 45. De bis qui ad Eccles confâ—g l. 1. Tacit. Annal lib. 3. (a) De Haeret l. 3. (†) De Haeret l. 65. (b) De Haeret l. 7.9.11.18.20 (c) De Apoatis l. 3. (d) De Apostatis l. 1. (e) De Haeret l. 2. (f) De Haeret l. 3 4 5. (g) Qui sanctum baptisma prophan (h) De Paganis l. 7. (i) De Maleficis l. 7. (k) De pag. l. 8. (l) De Pag. l. 9. (m) Ibid. l. 10. (n) Ibid. l. 11. (o) Ibid. l. 12. (p) De Judais l. 8. (q) Lib. 5. Epist. 29. (r) De Haeret l. 6. Anno 368. Anno 369. Anno 371. N. 1 2 3 4. V. Labbé Vol. 2. Anno 381. p. 1001. Lib. 9. Tit. 29. c. 1. †Ne inter bellicas necessitâ—tes obreptio importuna teâ—tâ—tur (a) Ad annum 385. M. 6. (b) Soc. l. 3. c. 4. (c) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theod. l. 4. c. 22. (d) Lib. 4. c. 21 22. (e) Sozom. l. 7. c. 5. (f) De Haeret l. 6. (g) Extrav de Episcopali Judicio l. 3. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. (l) l. 5. c. 23 (i) Soz. l. 7. c. 15. (l) Soz. l. 8. c. 3. (l) Pallad dial (m) de his qui super Religione contendunt l. 6. (n) De Haereâ—â—bus Priscillianus instituit maximè Gnosticorum Manichaeorum dogmata permixta sectantur Quamvis et ex aliis Haeresibus in eas sordes tanquam in sentinam quandam horribili confusione confluxerint Propter occultandas autem contaminationes et