Vigilius dormitans Romes seer overseene· Or A treatise of the Fift General Councell held at Constantinople, anno 553. under Iustinian the Emperour, in the time of Pope Vigilius: the occasion being those tria capitula, which for many yeares troubled the whole Church. Wherein is proved that the Popes apostolicall constitution and definitive sentence in matter of faith, was condemned as hereticall by the Synod. And the exceeding frauds of Cardinall Baronius and Binius are clearely discovered. By Rich: Crakanthorp Dr. in Divinitie, and chapleine in ordinary to his late Majestie King Iames. Opus posthumum. Published and set forth by his brother Geo: Crakanthorp, according to a perfect copy found written under the authors owne hand.

CAP. XVIII. The fourth and last Exception of Baronius, in defence of Vigilius, preten∣ding, that the fift Councell (wherein the decree of Vigilius was condemned,) was neither a generall nor a lawfull Councell, till Vi∣gilius confirmed the same, refuted.

1. THere now remaineth onely the fourth and last exception of Baronius; in which, though being the weakest and worst of all, his whole hope now consists: In this the Cardinall brings forth all his forces, all the Engines of his wit and malice, to batter downe the au∣thority of the fift generall Councell. Seeing it contradicted the Pope, and judicially de∣creed his Apostolicall sentence to be hereticall, it shall bee of no autho∣rity at all; it shall bee neither a generall, nor a lawfull Councell; it shall bee nothing but a Conspiracy and conventicle with Baronius and his friends, untill Vigilius doe approve the same: But heare their owne words to this purpose.

2. The fift Councell, saith Baronius a, aliquando expers fuit omnis authoritatis, was for a time void of all authority; yea, so void thereof, ut nec legitima Synodus dici meruerit, that it deserved not to bee called so much as a lawfull (much lesse a generall and lawfull) Synod; because it was assembled, the Pope resisting it, & was ended, the Pope contradicting it: But when afterwards it was approved by the sentence of Vigilius, and other succeeding Popes, then it got the title and authority of an Oecumenicall Synod. Againe b, The fift Councell at that time, when it was

held, could not have the name of an Oecumenicall Synod, seeing it was not lawfully assembled in the Holy Ghost, because the Pope, neither by himselfe, nor by his Legates would be present in it. And yet more spightfully; These things c cōsidered, planè consenties, ipsam nec Oecumenicae, nec privatae Sy∣nodi mereri nomen, you will consent, that the fift Councell deserved not the name of an Oecumenicall, no nor so much as of a private Synod; it was no Sy∣nod nor Councell at all, seeing, both it was assembled, resistente Pontifice, the Pope resisting it, and also pronounced sentence, contra ipsius Decretum, against the Popes Decree. Thus Baronius: in whose steps Binius treadeth, say∣ing d, Pope Vigilius was not present in this Councell, either by himselfe, or by his deputies, Contradixit eidem, he contradicted the Synod; the members as∣sembled without the head, dum ageretur non consentit, the Pope consented not to it while it was held, nor did approve it straight after it was ended; yet it got the name, title, and authority of an Oecumenicall Councell, quando ipsius Vigilii sententia, when it was afterwards approved by the sentence of Vigi∣lius himselfe, and his successors. So Binius.

3 How, or where shall I begin? or who, though more censorious than Cato, can with sufficient gravity and severity castigate the in∣solency and most shamelesse dealing of these men, who, rather than one of their Popes, even Pope Proteus himselfe, shall bee thought to erre in his Cathedrall Decree of faith, care not to disgrace, to vilifie, yea, to nullifie one of the ancient and sacred generall Councels, ap∣proved, as before e we have shewed, by the whole Catholike Church? For if this Councell was neither generall, nor lawfull, (as they teach) till Vigilius approved it by his Apostolicall authority, after his returne from exile; then was it never, nor as yet is either a generall or lawfull Councell, seeing Vigilius, after his exile, never did, nor could approve it, as before f we have clearly proved: So this fift Councell must for ever be cashiered and blotted out of the ranke of Councels. And be∣cause, as their second Nicene Synod rightly disputes g, the seventh must follow the sixt, in the same ranke and order, and the sixt, the fift, if there was no fift generall and holy Councell; neither can there bee any sixt, nor seventh, nor eighth, nor any other after it. So, by the asser∣tion of these men, there are at once dashed out fourteene of those, which themselves h doe honour by the name of holy generall Councels.

4. I say more, the expunging of all those fourteene Councels, doth certainly follow upon the Cardinals assertion, though it were granted, that Vigilius had confirmed this fift, as it is true, that Pelagius and Gregory did: For if it was (as he teacheth) neither a generall nor lawfull Synod, while the Councell continued, and for that whole time while it was an assembly of Bishops; then undoubtedly it never at any time was, nor yet is either a generall or a lawfull Sy∣nod: For after the end, and dissolution thereof, it was never extant in rerum natura againe; it was ever after that time Non ens: and being neither Synod, nor yet so much as Ens, it could not possibly be either generall or lawfull. It is a Maxime, Non entis non sunt Accidentia; If while it was extant, and while it was an assembly, it was but a conven∣ticle; if then it was not gathered in Gods name, I pray you, when was

it ever after that, gathered in Gods name? Did Vigilius, Pelagius, or Gregory, when they made it, by their approbation, a generall and law∣full Councell; did they, like some new Aeolus, blow all the Bishops againe to Constantinople, and assemble them the second time in the Popes name, that so they might be said to be gathered in Gods name? Let their Popes trie, if by all their magicall skill, or omnipotent pow∣er, they can make any one of those Africane Councels under Cyprian, a Generall; or make the Arimine, Syrmian; or second Ephesine, a lawfull Councell, and I will instantly yeeld, that hee may doe the like to this fift. If hee cannot doe any of the former, what vanitie was it in the Cardinall and Binius to say of this fift, that while it was extant, and Ens, it was neither a general nor lawful Councel; but some one, or some twenty yeares after, when it was non Ens, the Pope made it, with a word, both a generall and lawfull Councell? Dixit & factum est: One word of his mouth makes, or unmakes what he list: Truth is, the Popes, or any other Bishops approbation, or confirmation of a Councell, or any decree thereof, after the Councell is once ended, may perhaps in the opinion of some men, gaine some more liking un∣to that Councell, or decree, than before it had, seeing now it hath the expresse consent of those Bishops, whom the other doe much e∣steeme: but the after consent, or approbation of all the Bishops in the world, much lesse of the Pope, cannot make that to bee a generall, which before, and while it was extant, was onely Provinciall; or that to be a lawfull, which before, and while it was extant, was an unlawfull Synod: Even as the Pope, and a thousand Bishops with him, cannot now make any of the foure first generall and holy Councels, to be ei∣ther unlawfull or particular Synods; and yet his power is every whit as great in annihilating that which now is, as in creating that which never was a generall or a lawfull Councell.

5. Say you that the fift Councell was of no authority till the Pope approved it, and unlesse he should approve it? See how contrary the Cardinals assertion is to the consenting judgement of the whole Church. Begin we with the Church of that age: Baronius tels i us, that both the Emperour, the Pope, Mennas, and other Easterne Bishops, agreed to referre the deciding of this doubt about the Three Chapters, to a generall Councell. Why did none of them reason, as the Cardinall now doth, against the Councell? Why did the Pope delude them with that pretence of a generall Councel? Why did hee not deale plainly with the Emperour and the rest, who made that agreement, and say to this effect unto them? Why will yee referre this cause to the judgment of a Councell, it cannot decide this question otherwise than my selfe shall please? If they say as I say, it shall be a Councell, a lawfull, a ge∣nerall, an holy Councell: If they say the contrary to that which I af∣firme, though they have ten thousand millions of voyces, their De∣cree shall be utterly void, their assembly unlawfull, they shall nei∣ther bee, nor bee called a generall, nor a lawfull Councell, no nor a Councell neither, but onely a Conventicle, without all authoritie in the world. Had the Emperour and the Church beleeved this do∣ctrine, there had beene no fift Councell ever called or assembled; nay,

there never had beene any other holy generall Councell: The Pope had beene in stead of all, and above them all. This very act then of re∣ferring the judgement in this cause to a generall Councell, witnes∣seth them all (even the Pope himselfe at that time) to have esteemed the sentence of the Synod to be of authority without the Popes con∣sent, and to be of more authority, in case they should differ (as in this question they did) than the sentence of the Pope. This before the Councell was assembled.

6. At the time of the Councell, had the Church or holy Synod which represented the whole Church, beleeved their assembly with∣out the Pope to be no Synod, but a Conventicle; why did they at all come together after their second Session? for they were then assured by the Pope himselfe, that he would neither come, nor send any de∣puties unto them. Or had they beleeved that his definitive sentence would or ought to have overswayed others, so that without his as∣sent their judgement should be of no validity, why did they after the fift Session, once proceed to examine or determine that cause? For before the sixt day of their assembling, they received from Pope Vigi∣lius his Cathedrall and Apostolicall Constitution in that cause, inhibiting them either to write or speak (much more judicially to define) ought contrarie to his sentence: or if they did, that he by his authority had beforehand refuted and condemned the same. Seeing notwithstand∣ing all this well knowne unto them, they not onely continued their Synodall assemblies, but judicially defined that cause, and that quite contrary to the Popes judgement made knowne unto them; it is an evident demonstration, that the whole general Councell judged their assemblies both lawfull and Synodall, and their sentence of full autho∣rity, even as ample as of any generall Councell, though the Pope de∣nied his presence to the one, and expressely signified not onely his dis∣like, but contradiction and condemnation of the other.

7. What can pervicacie it selfe oppose to so cleare an evidence? or what thinke you will the Cardinall or his friends reply hereunto? Will he, or can he say, that these men who thus judged, were heretikes? They were not. The doctrine which they maintained was wholly Ca∣tholike, consonant (as they k professe, and as in truth it was) to Scrip∣tures, to Fathers, to the foure former generall Councells. The doctrine which they oppugned, and Vigilius then defended, was hereticall, condemned by all the former, Scriptures, Fathers, and Councels. He∣retikes then doubtless they could not be; that, like a leprosie did cleave to Vigilius. Will he, or can he say that they were Schismatikes? Nei∣ther is that true. For they all even then remained in the communion with the Catholike Church: yea they were by representation the true Catholike Church: I say further, they held communion even with Pope Vigilius himselfe, till his owne pertinacy, and wilfull obstinacie against the true faith, severed him both from them, & from the truth. In token of which communion with Vigilius, they earnestly l entreated his presence in the Synod, they offered him the presidency therein, yea they said in expresse words unto him, before they knew his mind to defend the Three Chapters, Nos m vero & communicamus & uniti vo∣biscum

sumus, We all doe hold communion with you, and are united unto you. Schismaticall then they could not be. So the judgement of these men being all Catholikes, and holding the Catholike communion, doth evidently prove the whole Catholike Church at that time, to have beleeved a Councell to be both generall and lawfull, though the Pope dissented from it, and by his Apostolicall authority condemned the same, and the decree thereof.

8. After the end of the Councell did the Church then think other∣wise? Did it then judge the Councell to want authority, while it wanted the Popes approbation, or to receive authority by his appro∣bation? Who were they, I pray you, that thought thus? Certainly not Catholikes, and the condemners of these Chapters. For they ap∣proved the Councel and Decree thereof during the time of the Coun∣cell, and while the Pope so far disliked it, that for his refusall to con∣sent unto it, he endured banishment. Neither did the Heretikes who defended those Chapters, judge thus. For they, as Baronius witnes∣seth n, persisted in the defence of them, and in a rent from the others, even after Vigilius had consented to the Synod: yea among them Vigilius o redditus est execrabilis, was even detested and accursed by them for appro∣ving the Synod. Or because Vigilius approved it not, Pelagius who is knowne to have approved it, was so generally disliked for that cause of the Westerne Bishops, that there p could not be found three who would lay hands on him at his consecration; but in stead of a Bishop, they were enforced against that Canon q of the Apostles, which they often op∣pose to us, to take a Presbyter of Ostia at his ordination. So much did they dislike both the fift Councell, and all (though it were the Pope) who did approve it. Now the whole Church being at that time di∣vided into these two parts, the defenders and condemners of those Chapters, seeing neither the one nor the other judged the Synod to be generall or lawfull, because the Pope approved it; who possibly could there be at that time of the Cardinals fancie, that the fift Coun∣cell wanted all authority till the Pope approved it, and gained autho∣rity of a generall and lawfull Councell by his approving of it? Catho∣likes and condemners of those Chapters, embraced the Councell, though the Pope rejected it: Heretikes and defenders of those Chap∣ters, rejected the Councell, though the Pope approved it. Neither of them both (and so none at all in the whole Church) judged either the Popes approbation to give, or his reprobation to take away au∣thority from a generall Councell. Thus by the Antecedentia, Conco∣mitantia, and Consequentia of the Councell, it is manifest by the judge∣ment of the whole Church in that age, that this fift Councell was of authority without the Popes approbation, and was not held of autho∣rity by reason of his approbation.

9. What the judgement of the Church was, as well in the ages preceding, as succeeding to this Councell, is evident by that which we have already declared. For we have at large shewed r, that the doctrine, faith, and judgement of this fift Councell, is consonant to all former, and confirmed by all following generall Councells, till that at Lateran under Leo the tenth. Whereupon it ensueth, that this

doctrine which wee maintaine, and the Cardinall impugneth, (that neither the Popes approbation doth give, nor his reprobation take away authority from a Councell,) was embraced and beleeved as a Catholike truth, by the whole Catholike Church of all ages, till that Lateran Synod, that is, for more than 1500. yeares together.

10. And if there were not so ample testimonies in this point, yet even reason would enforce to acknowledge this truth. For if this fift Councell be of force and Synodall authority, eo nomine, because the Pope, to wit Pelagius, approved it; then by the same reason is it of no force or Synodall authority, eo nomine, because the Pope, to wit Vi∣gilius, rejected it. If the Popes definitive and Apostolicall reprobation cannot take away authority from it; neither can his approbation, though Apostolicall, give authority unto it. Or if they say that both are true, (as indeed they are both alike true) then seeing this fift Coun∣cell is both approved by Pope Pelagius, and rejected by Pope Vigilius, it must now be held both to be wholly approved, and wholly rejected: both to be lawfull, and unlawfull: both to be a generall Councell, and no generall Councell. And the very same doome must bee given of all the thirteene Councells which follow it: They all, because they are approved by some one Pope, are approved and lawfull Councels: and because they approve this fift, which is rejected by the Pope, they are all rejected, and unlawfull Councells. Such an havocke of gene∣rall Councels doth this their assertion bring with it, and into such in∣extricable labyrinths are they driven, by teaching the authority of Councels to depend on the Popes will and pleasure.

11. Now though this bee more than abundant to refute all that they can alledge against this fift Councell, yet for the more clearing of the truth, and expressing my love to this holy Councell, to which next after that at Chalcedon, I beare speciall affection; I will more strictly examine those two reasons which Baronius & Binius have used, of purpose to disgrace this holy Synod. The former is taken from the assembling; the later, from the decree of the Councell. It was assem∣bled, say Baronius s and Binius, Pontifice resistente & contradicente, the Pope resisting and contradicting it. Whence they inferre, that it was an unlawfull assembly, not gathered in Gods name. In this their reason, both the antecedent and consequence are unsound and untrue. Did Pope Vigilius resist this Councell, and contradict the calling or assem∣bling thereof? What testimonie doth Baronius or Binius bring of this their so confident assertion? Truly none at all. What probabili∣ties yet, or conjectures? Even as many. Are not these men, think you, wise & worthy disputers, who dare avouch so doubtfull matters, and that also to the disgrace of an holy, ancient, and approved Councell; and yet bring no testimonie, no probabilitie, no conjecture, no proofe at all of their saying? Ipse dixit, is in stead of all.

12. But what will you say if Ipse dixit will prove the quite contra∣rie? If both Baronius and Binius professe, that Vigilius did consent that this Councell should be held? Heare I pray you their own words, and then admire and detest the most vile dealing of these men. Hanc Synodum, Vigilius authoritate pontificia indixit, saith Binius t; Vigilius

called and appointed this Synod by his papall authority. Againe u, The Em∣perour called this fift Synod, authoritate Vigilij, by the authority of Pope Vigilius. Baronius sings the same note: It was very well provided, saith he x, that this Oecumenicall Synod should be held, ex Vigilii Papae sententia, according to the minde and sentence of Pope Vigilius, who above all other men desired to have a Councell. Againe y, The Emperour decreed that the Synod should be called, ex ipsius Vigilii sententia, according to the minde of Vigilius. And a little after; It was commendable in the Emperor, that he did labour to assemble the Synod, ex Vigilij Papae sententia, ac∣cording to the minde and sentence of Pope Vigilius. Neither onely did the Pope consent to have a Councell, but to have it in that very city where it was held, and where himselfe then was. Indeed at the first, the Pope was desirous z and earnest, to have it held in Sicily, or in some Westerne Citie: (even as Pope Leo had laboured a with Theodosius for the Councell which was held at Chalcedon:) But when Iustinian the Emperour would not consent b to that petition, (as neither Theodo∣sius nor Martian would to the former of Leo,) Vigilius then, voluntati c Imperatoris libens accessit, very willingly consented to the Emperours plea∣sure in this matter, that the Oecumenicall Councell should be held at Constantinople. Say now in sadnesse, what you thinke of Baronius and Binius? Whither had they sent their wits, when they laboured to perswade this Councell to be unlawfull, because Pope Vigilius resi∣sted and contradicted the assembling thereof? whereas themselves so often, so evidently, so expresly testifie, not onely that it was assem∣bled by the consent, and according to the minde, will, pleasure, desire, authority, and sentence of the Pope; but the very chiefe act and roy∣altie of the summons they challenge (though falsely) to the Pope; the other, which is an act of labour and service, to be as it were the Popes Sumner or Apparitor, in bringing the Bishops together by the Popes authoritie, that, and none but that they allow to the Emperour.

13. Many other testimonies might bee produced, to declare this truth: That of Sigonius d: The Emperour called this Synod, Vigilio Pontifice permittente, Pope Vigilius permitting him: that of Wernerus e; Vigilius jussit Concilium Constantinopoli celebrari, Vigilius commanded that this Councell should be held at Constantinople: That of Zonaras f and Gli∣cas g, who both affirme, that Vigilius was Princeps Concilij, the chiefe Bishop of the Councell: not chiefe among them that sate in the Councell, for there he was not at all: nor chiefe in making the Synodall decree, for therein he contradicted the Councell: but chiefe of all who sued to the Emperour, and procured the Councell, as being desirous of the same. But omitting the rest, the whole generall Councell, yea and the Popes owne letters, put this out of all doubt. This say h the whole Councell, even in their Synodall sentence, Consensit in scriptis in Con∣cilio convenire, Vigilius under his owne hand-writing consented to come to∣gether, and be present with us in the Synod. Againe, the Legates sent from the Councell to invite Vigilius, said i thus unto him, Your Holinesse knoweth, quod promisistis unà cum Episcopis convenire, that you have pro∣mised to come together with the other Bishops, into the Councell, and there to debate this question. Vigilius himselfe writ k thus to the Bishops of the

Councell: We knowing your desire, praedictis postulationibus annui∣mus, have consented to your petitions, that in an orderly assembly being made, wee may conferre with our united brethren about the three Chapters. I doubt not but upon such faire and undoubted records, every one will now confesse, First, that if to be gathered by the Popes consent and authority, will make a Councell lawfull, (which with them is an authentike rule) then this fift Councell is without question in this respect most lawfull: Secondly, that Baronius and Binius are shamelesse both in uttering untruths, & in reviling this holy Synod, which they would perswade to be unlawful, because it was assembled, the Pope resisting it; whereas this Councell to have beene assembled, with the consent (yea as they boast with the authority also) of Pope Vigilius, not onely other Writers, but the Synodall Acts, the whole generall Councell, the letters of Vigilius, and the expresse words of Baronius and Binius themselves doe evidently declare.

14. Come now to the Consequence. Say the Pope had resisted the assembling of this Councell, was it for this cause unlawfull, was it no generall Councell? What say you then to the second Councell, of which Baronius thus writeth l, It was held, repugnante Damaso, Pope Damasus resisting the holding thereof. Will they blot that also out of the ranke of generall, and lawfull Synods? If not, why may not this fift also bee a generall and lawfull Synod, though Vigilius had with tooth and naile resisted the same? Shall the peevishnesse or pervers∣nesse of the Pope, or any Bishop hinder the assembling of a generall Councell, and so the publike peace and tranquillity of the whole Church? Open but this gappe, and there never should have been, nor ever shall be any generall Councell. The wilfulnesse of Eusebius Bi∣shop of Nicomedia, at Nice••; of Iohn Patriarch of Antioch, at Ephesus; of Dioscorus Patriarch of Alexandria, at Chalcedon, will frustrate all those holy Councells, and make them to be neither generall nor law∣full. The saying of Cardinall Cusanus is worthy observing to this pur∣pose; I beleeve, saith he m, that to be spoken not absurdly, that the Emperor himselfe, in regard of that care and custody of preserving the faith, which is committed unto him, may praeceptivè indicere Synodum, by his Imperiall au∣thority and command assemble a Synod, when the great danger of the Church requireth the same; negligente aut contradicente Romano Pontifice, the Pope either neglecting so to doe, or resisting and contradicting the doing thereof. So Cusanus. This was the very state and condition of the Church at this time, when the fift Councell was assembled. The n whole Church had beene a long time scandalized and troubled about those Three Chapters, it was rent and divided from East to West. High time it was and necessary for Iustinian to see that flame quenched, although Pope Vigilius or any other Patriarch had never so eagerly resisted the remedie thereof.

15. Had the Cardinall pleaded against this Synod, that Vigilius had not beene called unto it, hee had spoken indeed to the purpose. For this is essentiall, and such as without which a Synod cannot bee generall and lawfull, that all Bishops be summoned to the Synod, and comming thither, have free accesse unto it, and freedome of speech

and judgment therein. But the Cardinall durst not take this excepti∣on against this Synod, or for Vigilius; for none of these to have beene wanting in this Councell, is so cleare, that pertinacie it selfe cannot deny it. It was not the Pope (as they vainly boast) but the Emperor, who by his owne and Imperiall authority called this Councell, as the whole Synod even in their Synodall sentence witnesse: Wee are a••∣sembled here in this City, jussione pijssimi Imperatoris vocati, being called by the commandement of our most religious Emperor. His calling to have beene generall, Nicephorus doth expresly declare, The Emperor saith he o, assembled the fift generall Councell, Episcopis ecclesiarum omnium evocatis, the Bishops of all Churches being called unto it: yea the Empe∣ror was so equall in this cause, that Binius p testifieth of him, Paris numeri Episcopos ex Oriente & Occidente convocavit, that he called (in particular, and besides his generall summons, by which all without exception had free accesse) as many out of the West, where the defenders of those Chapters did abound; as he did out of the East, where the same Chap∣ters were generally condemned. And yet further, Vigilius himselfe was by name, not onely invited, intreated, and by many reasons perswa∣ded, but even commanded by the Emperor, and in his name, to come unto the Synod, as before q we shewed. Now what freedome hee might have had in the Councell, both that offer of the Presidencie, doth shew for him in particular, and the words of the Councell spo∣ken concerning all in generall doth declare; for when Sabinianus and others, who being then at Constantinople, were invited to the Synod, and refused to come, the synod sayd r, It was meet that they being called should have come to the Councell, and have been partakers of all things which are here done and debated, especially seeing both the most holy Empe∣rour and we, licentiam dedimus unicui{que} have granted free liberty to e∣very one to manifest his minde in the Synod concerning the causes proposed. Seeing then he not onely might, but in his duty both to God, to the Emperour, and to the whole Church, hee ought to have come, and freely spoken his minde in this cause, his resisting the will of the Em∣peror, and refusing to come, doth evidently demonstrate his want of love to the truth, and dutifulnesse to the Emperor, and the Church; but it can no way impaire or impeach the dignity and authority of the Councell, neither for the generality, nor for the lawfulnesse thereof.

16. Besides all which there is yet one thing above all the rest to be remembred; for though Pope Vigilius was not present in the Sy∣nod either personally, or by his Legates, but in that sort resisted to come unto it, yet he was present there by his letters of instruction, by his Apostolicall and Cathedrall Constitution which hee published as a direction what was to be judged and held in that cause of the Three Chapters, That Decree and Constitution he promised to send ad Impe∣ratorem & Synodum, both to the Emperor and to the Synod, quod & ingenuè praestitit, which also he ingenuously performed as the Cardinall tells s us. That elaborate t decree, to which an whole Synod, together with the Pope subscribed, containing the Popes sentence and instruction given in this cause, Vniverso u orbi Catholico cunctis{que} fidelibus, not onely to the

Synod, teaching them what they should define, but to all Christians, teaching them what they shold beleeve, was in consessu Episcoporum re∣citatum, read and recited before all the Bishops in that Councell, as Binius doth x assure us. This one kinde of presence in the Synod, is supple∣tive of all the rest, of more worth then 20. nay then 200. Legates, à latere sent from his holinesse. They all may deale besides, or con∣trary to the Popes minde, as Zacharias and Rhodoaldus did in a Coun∣cell held about the cause of Photius; but this Cathedrall instruction is an inflexible messenger, no bribes, no perswasions, no feare, no favour can extort from it one syllable more then his holinesse by the infalli∣ble direction of his Chaire hath delivered; yea though the Pope should have beene personally present in the Synod, and face to face spoken his mind in his cause, yet could not his sudden or lesse preme∣ditated speech have beene for weight or authority comparable to this decree, being elaborated after seven yeares ponderation of the cause, and all things in it being disposed cum omni undi{que} cautela atque dili∣gentia, with all diligence and circumspection, that could possibly bee used, which the Pope though absent in body, yet sent as an Oracle from heaven to be a direction to the Synod, and to supply his own absence. So many wayes is this former objection of Baronius vaine, and un∣sound, when he pretends this Councell to have beene unlawfull be∣cause the Pope resisted it, and the members assembled without their head: for neither did Vigilius resist their assembling, but freely and willingly consented unto it; neither was hee excluded from the Sy∣nod, but most undutifully absented himselfe from it: and though the members at that time wanted the Popes head-peece, yet they had his heart, his minde, and his Apostolicall direction among them, to bee a Cynosure unto them in that cause, which alone is able to supply both his personall and Legantine absence in any Councel.

17. The other objection of Baronius is taken from the decree of this Synod. The sentence, saith he y, given by it, was contra ipsius decre∣tum, against the decree of Vigilius, and therefore their assembly deser∣ved not the name of a generall, no nor so much as of a private Synod, it was no Councell at all. Cardinall Bellarmine explaines this more fully, saying z, Such Councells as define matters against the Popes instructi∣on; Reprobata Concilia dici debent, are to bee called or accounted, Rejected Councells; for it is all one, saith he, whether the Pope doe expresly reject and reprobate a Councell, or whether the Councell deale, contra Pontificis senten∣tiam, against the Popes sentence, either of both such Councells, are reiected, and so of no authoritie at all. So Bellarmine. What shall we answer to the perversnesse of these men? If this rule be admitted, the Church hath for ever and inevitably lost this fift Councell, and (by their se∣cond Nicen collection) the sixt, the seventh, and all that follow. And I verily am perswaded, that none can possibly excuse either Baronius, or Bellarmine from this crime of expunging the fift Councell, and all which follow it, from the ranke and number of generall, or approved Councels. For it is as cleare as the sunshine at noone day, that the sentence pronounced by the fift synod was contradictory to the defi∣nition and Cathedrall instruction sent by Pope Vigilius into them. If

then to define a cause contrary to the Popes instruction be a sure note of a Reprobate Councell, as they teach it to be; farewell for ever this fift, and all that follow it, or approve it: they are all by the rule of these two worthy Cardinals, Reprobated Councels, nay not so much as Councels, but meere Conspiracies or Conventicles.

18. Besides this, see I pray you the zeale and devotion of these men to the Catholike faith. If this Councell be for this cause a Re∣jected Councell, because it followed not the instructions of Pope Vi∣gilius sent unto it, then it should have beene an holy, and approved Councell, if it had followed those instructions of Vigilius; that is, if it had condemned the Councells of Nice, Ephesus and Chalcedon, if it had decreed Nestorianisme to be the Catholike faith, and Iesus Christ not to be God: for Vigilius be decreeing that the Three Chapters ought to be defended, instructed them thus to define and judge. Had they thus done, then, because they had followed the instructions of Vigilius, the two Cardinalls would have embraced this Councell, with both armes, have applauded, & advanced it to the skies: seeing it did not so, but contradicted the Popes Apostolicall instructions at this time; fie on it, it is an unlawfull, a Reprobated Councell, nay it is no Councell at all, nor of any authority. Can any with reason judge these men to be ought else then Nestorians, then condemned here∣tikes, and obstinate oppugners of all ancient holy Councells, and of the Catholike faith? See the strange diversity of judgement which is in us and them. They in their hereticall dotage on the Popes Ca∣thedrall infallibility, teach this fift holy Councell to bee a reprobated synod, eo nomine, because it followed not the instructions of Pope Vi∣gilius; we on the contrary doe constantly affirme it to bee an holy and most approved synod, eo nomine, because it followed not, but rejected and condemned those Cathedrall instructions of Vigilius: with us con∣sent the sixt, seventh, and all succeeding generall Councells, till that at Laterane, all former holy Councells also, to all which this Councell is consonant. From them dissent all these both former and subsequent Councells; that is, the whole Catholike Church for fifteene hundreth yeares and more. Vtri creditis? whose doctrine thinke you now is an∣cient, orthodoxall, and catholike? And whether had you rather with these two Cardinalls, account this fift synod an unlawfull assembly, and a reprobate Councell, because it contradicted the hereticall con∣stitution of Pope Vigilius, or with such an army of witnesses, honor it for a sacred, Oecumenicall approved Councell, though it not onely wanted the approbation, but had in plaine words the Cathedrall Re∣probation z of Pope Vigilius.

19. Having now fully refuted not onely the Assertion of Baronius, That this Councell was of no authority, nor an approved Councell till Pope Vigilius confirmed and approved it, but also both those rea∣sons whereby he would perswade the same: there remaineth yet one doubt, which necessarily is to be satisfied for the finall clearing of this point. For it will, and justly may bee demanded, what it was which made this fift an approved Councell? Or if it bee not the Popes con∣firmation and approbation, what it is in any Councell, or any decree

thereof, which makes it to be, and rightly to be esteemed an approved Councell or Decree? I constantly answer, that whatsoever it be, it is no approbation, no confirmation, nor any act of the Pope; at least no more of him, than of any other Patriarke or Patriarchall Primate in the Church: An evident proofe whereof is in the second Generall Councell; for that, ever since their Synodall sen∣tence was made against the MACEDONIANS, and ratified by the Emperour, was esteemed by the Catholike Church an Oecu∣menicall, and approved Councell, and that, before the Pope had con∣sented unto it or approved the same: For that Councell being as∣sembled in May a, when Eucherius and Seagrius were Consuls, (an. 381.) continued till b about the end of Iuly in the same yeare. On the 30. of Iuly Theodosius the Emperour published his severe law against the Macedonians, being then condemned heretikes: Hee commanded that forth withal Churches should be givē to those,c who held the one and equall Majesty of the Father, Sonne, and Holy Ghost, and were of the same faith with Nestorius, Timotheus, and other Bishops in that Synod; but whosoever dissented in faith from them, ut manifestos hae∣reticos ab Ecclesia expelli, they should all be expelled as manifest haeretikes, and never be admitted againe. In which law seeing the Macedonians are called manifest heretikes, that is, such as are convicted and condem∣ned by a generall Councell, it is doubtlesse, that at the promulgating of this law, both the Emperour and the catholike Church, held that decree of the second Councel, against the Macedonians, to be the judg∣ment of an holy, lawful, & approved Oecumenical Synod, such as was the most ample convictiō of an heretike, & manifestation of a heresie. Now this Edict was published before Pope Damasus either approved that Councell, or so much as knew what was done therein: For the first newes what was done in the Councell, came to Damasus, after the Councell of Aquileia, as after Sigenius d, Baronius declareth▪ who after the Synod at Aquileia described, saith e, Post haec autem, Af∣ter these things done at Aquileia, when Damasus had received a mes∣sage concerning the Councell at Constantinople, &c. that Councell at Aquileia was held f on the fift of September, when the other at Con∣stantinople was ended a month before: and how long after that time it was before Damasus approved that Councell at Constantinople, whe∣ther one, two, or three yeares, will bee hard for any of the Cardi∣nals friends truly to explane: Howsoever, seeing it is certaine, that the generall Councell was ended, and the Decrees thereof not onely ap∣proved, but put in execution by the Church, before the Pope, I say not, confirmed that Councell; but before hee knew what was done and decred therein, it is a Demonstration, that a generall Councell, or a Decree thereof, may bee, and de facto, hath beene judged, by the Church, both of them to bee of full and Synodall authoritie, and ap∣proved by the Church, when the Pope had confirmed or approved neither of both.

20. Nay, what if neither Damasus nor any of their Popes till Gre∣gories time, approved that Councell? Gregory himselfe is a witnesse hereof: The g Canons of the Constantinopolitane Councell condemne the Eu∣doxians,

but who that Eudoxius was, they doe not declare. And the Ro∣mane Church, eosdem Canones vel gesta Synodi illius, hactenus non habet, nec accipit; neither hath, nor approveth those Canons or Acts; but herein it accepteth that Synod in that which was defined against the Macedonians, by it; and it rejecteth those heresies, which being mentioned therein, were already condemned by other Fathers. So Gregory: By whose words it is plaine, that the Romane Church, untill Gregories time, neither approved the Canons nor Acts of that second generall Councell: Even the con∣demning of Macedonius and his heresie, was not approved by the Ro∣mane Church, eo nomine, because it was decreed in that Councell, for then they should have approved the Canon against the Eudoxians, and all the rest of their Canons, seeing there was the selfe-same authority of the holy Councell, in decreeing them all; but the reason why they approved that against the Macedonians, was, because Pope h Damasus had, in a Romane Synod, divers yeares before i the second Councell condemned that heresie; and what heresies were by former Fathers condemned, those, and nothing else; did the Romane Church approve in that Councell, as Gregory saith. The inducement moving them was not the authority of the second Councell, but the judgement of other Fathers, for which they accepted of the second Councell there∣in: and this was untill the dayes or time of Gregory; for that is it which Gregory intendeth in the former words, hactenus non habet nec accipit; not meaning, that till the yeare, wherein he writ that Epistle, which was the fifteenth Indiction, the Romane Church received not those Canons or Acts: (for in the ninth Indiction, that is, sixe yeares before, himselfe professed k to embrace that second Councell, as one of the foure Euangelists, which also to have beene the judgement of their Church, he l witnesseth in the eleventh Indiction) but untill Gre∣gories time; hactenus, untill this age, wherein I live, was the second Councell, the Canons or Acts thereof, not had nor approved by the Romane Church: And yet all that time, even from the end of that Councell, was both that Councell held for a generall, lawfull, and ap∣proved Synod, and their Decree against Macedonius, by the whole Church approved, as a Decree of a generall and lawfull Councell, such as ought to binde the whole Church.

21. What wee have shewed concerning the Decree against the Macedonians, and in generall, for the second Councell, that will bee much more evident in the third Canon of that Synod, which con∣cernes the Patriarchall dignity of the See of Constantinople, his prece∣dence to the Patriarchs of Alexandria & Antioch, and his authority o∣ver the Churches in Asia minor, Thrace, and Pontus, all which was con∣ferred on that See by that third Canon. That the Church of Rome, till Gregories time; approved not that Canon, is evident by Pope Leo, who in many m of his Epistles, specially in that to Anatolius n, shewes his dislike of it; yea, rejects it, as contrary to the Nicene Decrees, which Leo there defineth (but, without doubt, erroniously) to bee im∣mutable. The Legates of Leo, having instructions from him, said o∣penly in the Councell of Chalcedon o, touching the Canons of this Councell, in Synodicis Canonibus non habentur, they are not accounted or

held for Synodall Canons; and following the minde and precept p of the Pope, they most earnestly oppugned this third Canon. Long before Leo did Damasus reject q this Canon, facto decreto in Synodo Romana, making a Decree against it, in a Romane Synod, which is extant in their Vaticane, as Turrian, who belike saw the Decree, doth witnesse. Now seeing that Decree of Damasus was made, statim post secundum Conci∣lium, presently after the second Councell, and was so strongly corrobora∣ted by Pope Leo; this may perswade, that none of their Popes before the dayes of Gregory would repeale the Decrees of those two Popes. Their owne Nicholas Sanders goes further, and saith r, That this Canon was not allowed by the Romane Church, till the Councell at Laterane, under Innocentius the third, which is more than sixe hundred yeares after the death of Gregory: and though he prove this by the testimony of Guiliel∣mus Tyrius, yet I insist onely upon the time of Gregorie, whose words are very pregnant for this, and the other Canons of that second Coun∣cel; the Romane Church, hactenus non habet nec accipit, did not till these dayes embrace nor approve them.

22. Now that this same third Canon was all that time, held to be of full authority, and approved by the Church, as a Canon of an holy generall Councell, which bindeth all: notwithstanding the Popes did not approve it, nay, did even by their Synodall Decrees reject it, there are very many and cleare evidences: By warrant of that Canon did Anatolius in the Councell of Chalcedon s, and Eutichius in the fift Sy∣nod t, in the right of their See of Constantinople take place before, and above the Patriarchs of Alexandria and Antioch; none in those Councels repi∣ning thereat: nay, those Synods, and God himselfe (as is there u said) approving that precedence: And whereas this order had not beene observed in the Ephesine Latrocinie; Flavianus Bishop of Constantinople being set after the Bishops of Antioch and Ierusalem, the Bishops of the Councell of Chalcedon stormed thereat, and said x, Why did not Fla∣vianus sit in his proper place? that is, next to the Romane Bishop, or his Legates. By authority of the same Canon did Chrysostome, when he was Bishop of Constantinople, depose y fifteene Bishops in Asia; ordaine others in their roomes; celebrate z a Councell at Ephesus, and call the Asian Bishops unto it; none of which either could he have done, or would the other have obeyed him therein, had it not beene knowne, that they were subject to him as their Patriarke, by that Canon of the second gene∣rall Councell, to which they all must obey: And this was done about some twenty yeares after that Canon was made. So quickly was the same in force,a and was acknowledged to bee of a binding authority. In the Councell of Chalcedon, when the truth of this Canon was most diligently examined, Elutherius Bishop of Chalcedon said, b Sciens quia per Canones & per consuetudinem; I subscribed hereunto, knowing that the See of Constantinople hath these rights (in Asia and Pontus, as a Patriarke to governe there) both according to the Canons, and according to custome: and the like was deposed by many Bishops of Asia and Pontus. They ac∣knowledge, nay, they knew there was such a Canon; they knew also, that the custome and practice did concurrere cum lege, did concurre with the Canon; whereupon the glorious Iudges, after full discussing of this

cause, testified b, and sentenced, that the Bish. of Constantinople had right∣full authority to ordaine Metropolitane Bishops in the Diocesses of Thrace, Asia, and Pontus, and the whole Synod consented to them; first proclaiming, Haecc justa est sententia, this is a just sentence, this we say all: and then in the very Synodal Epistle d to Leo testifying the same, to wit, that they had confirmed that custome to the Bishop of Constantinople, that he should ordaine Metropolitanes in Thrace, Asia, and Pontus; and thereby had con∣firmed the third Canon of the second Councell. This was the judge∣ment of the whole Councell at Chalcedon, that is, of the whole Catho∣like Church in that age, to which have consented all Councels, and catholike Bishops ever since: All these doe approve, and judge to bee approved that Canon of the second generall Councell, which the Popes and Romane Church, not onely not approved, but expresly and by Synodall decrees rejected.

23. About some ninety yeares e after this, and an hundred sixty yeares f after that second Synod, did Iustinian the Emperour confirme the g Canons, both of that second, and of al the former general Coun∣cels, giving unto them force of Imperiall lawes: Yea, hee further com∣manded those Canons, (this third among the rest) Dipticis inseri, & praedicari, to be written in the Diptikes or Ecclesiasticall bookes, and pub∣likely to be read in the Churches, in token of the publike and universall appro∣bation of the same. This the fift Councell h testifieth, as also Victor i, and Evagrius k, yea, the Emperour himselfe also, who both l professeth that he will not suffer this custome to bee taken away, and signifieth m that all Patriarkes are knowne to keepe in their Diptikes, and to recite those Canons in their Churches. The Emperor doubted not but the Romane Church & Patriarke, as well as the rest, had done this, and yeelded obedience to so holy an Edict; but the Romane Church deluded the Emperour herein: none of them, as Bellarmine n tels us, did after Iustinians time, or as he accounts after the yeare 500, reclamare, contradict or speake against that Canon, (which their silence the Emperour and others, not acquainted with the Romane Arts, did interpret to be a consent) but Binius o bewrayeth their policy; they, for peace and quietnes sake (being loth to exasperate the Emperour) did permit or connive at that honour conferred by the Canon upon the See of Constantinople; yet, nunquam à Romana Ecclesia approbatum fuit; it was never, (thē not til Gregories time, which is as much as I intended to prove) it was never, saith hee, approved by the Romane Church; which hee proves by a De∣cretall of Innocentius the third; whence it is evident, seeing that Canon of the second generall Councell, was never, as Binius avoucheth, but certainly not till Gregories time, approved by the Pope, and yet was all that time approved by the catholike Church, even by the great and famous Councell at Chalcedon, & al who approve it, who are no fewer than the whole catholike Church; it is evident, I say, that it is nei∣ther the Popes Approbation which maketh, nor his Reprobation which hindereth a Councell, or any Decree, or Canon thereof, to be an approved generall Councell, or a Synodall Canon, such as doth, and ought to binde all that are in the Church.

24. The Popes Approbation it is not: but what it is which makes

a generall Councell or Canon thereof, to be an approved Councell, or an approved Canon; and for such to bee rightly accounted, is not so easie to explane. This in an other Treatise I have at large handled, to which, if it ever see the light, I referre my selfe; yet suffer me to touch in this place so much as may serve to cleare this, and divers other doubts, which are obvious in their writings concerning this point.

25. That every Councell and Synodall decree thereof is approved or confirmed by those Bishops who are present in that Synod, who consent upon that decree, is by the Acts of the Councells most evi∣dent. For both their consenting judgement pronounced by word of mouth, and after that, their subscription to their decree, did ratifie and confirme their sentence. In that which they call the eighth gene∣rall Synod, after the sentence pronounced, the Popes Legates said p, Oportet ut haec manu nostra subscribendo confirmemus, it is needfull that wee confirme these things which we have decreed, by our subscribing unto them. Of the great Nicene Councell Eusebius this writeth q, Those things which with one consent they had decreed, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, they were fully autho∣rized, ratified, confirmed or approved, (the Greeke word is very empha∣ticall) by their subscription. In the Councell of Chalcedon, when the a∣greement betwixt Iuvenalis and Maximus was decreed, they subscri∣bed r in this forme; That which is consented upon, confirmo, I by my sentence doe confirme; or, firma esse decerno, I decree that it shall be firme: and to the like effect subscribed all the rest. Whereupon the glorious Iudges, without expecting any other confirmation either from Pope Leo, or any that was absent, said; This which is consented upon shall abide firme, in omni tempore, for ever by our decree, and by the sentence of the Synod. Of the second generall Councell, a Synod at Hellespont said s, Hanc Synodum Timotheus unà cum eis praesens firmavit, Timotheus, with the other Bishops, then present, confirmed this Synod. The consent and subscrip∣tion of the Bishops present in the Synod, they call a Confirmation of the Synod. In the Synod t at Maesia, after the sentence of the Synod was given, they all subscribed in this forme, I M.P.D. &c. confirmavi & subscripsi, have confirmed this Synodall sentence, and subscribed unto it. In the second Councell at Carthage, held about the time of Pope Ce∣lestine, Gennadius said u, Quae ab omnibus sunt dicta propria debemus sub∣scriptione firmare, what hath beene said and decreed by us all, wee ought by our owne subscriptions to confirme: and all the Bishops answered, Fiat, fiat, let us so doe; and then they subscribed. So cleare it is, that what∣soever decree is made by any Councell, the same is truly and rightly said to bee confirmed by those very Bishops who make the Decree; confirmed I say, both by their joint consent in making that Decree, and by their subscribing unto it when it is made.

26. Vpon this confirmation or approbation of any Decree by the Bishops present in the Councell, doth the whole strength and autho∣rity of any Synodall decree rely; and upon no other confirmation of any Bishop whatsoever, when the Councell is generall and lawfull. For in such a Councell, lawfully called, lawfully governed, and law∣fully proceeding, as well in the free discussing, as free sentencing of the cause; there is in true account the joynt consent of all Bishops and

Ecclesiasticall persons in the whole world. No Bishop can then com∣plaine that either he is not called, or not admitted with freedome in∣to such a Councell, unlesse that he be excommunicated, or suspended, or for some such like reason justly debarred. If all do come, they may and doe freely deliver their owne judgement; and that not onely for themselves, but for all the Presbyters in their whole Diocesse. For seeing the pastorall care of every Diocesse, even from the Apostles time, and by them is committed to the Bishop thereof, (all the rest being by him admitted but onely into a part of his care, and to assist him in some parts of his Episcopall function) he doth, at least (because he should) he is supposed to admit none, but such as hee knoweth to professe the same faith with himselfe: whence it is, that in his voice is included the judgement of his whole Diocesan Church, and of all the Presbyters therein: they all beleeving as he doth, speake also in the Councell by his mouth, the same that he doth. If some of the Bishops come not personally, but either depute others in their roomes, or passe their suffrage (as often they did) in the voice of their Metropo∣litan, then their consent is expressed in theirs, whom they put in trust to be their agents at that time. If any negligently absent themselves, neither personally, nor yet by delegates signifying their minde, these are supposed to give a tacit consent unto the judgement which is given by them who are present; whom the others are supposed to thinke not onely to be able and sufficient without themselves to define that cause; but that they will define it in such sort as themselves doe wish and desire: for otherwise they would have afforded their presence, or at least sent some deputies to assist them in so great and necessary a service. If any out of stomack or hatred to the truth, do wilfully re∣fuse to come, because they dissent from the others in that doctrine, yet even these also are in the eie of reason supposed to give an implicit consent unto that which is decreed, yea though explicitè they doe dis∣sent from it. For every one doth, and in reason is supposed to consent on this generall point, that a Synodall judgement must bee given in that doubt & controversie, there being no better nor higher humane Court than is that of a generall Councell, by which they may bee di∣rected. Now because there never possibly could any Synodall judge∣ment be given, if the wilfull absence of one or a few should bee a just barre to their sentence; therefore all in reason are thought to consent that the judgement must be given by those who will come, or who do come to the Councell, and that their decree or sentence shall stand for the judgement of a generall Councell, notwithstanding their ab∣sence who wilfully refuse to come.

27. If then all the Bishops present in the Councell do consent up∣on any decree, there is in it one of those wayes which we have mentio∣ned, either by personall declaration, or by signification made by their delegates and agents, or by a tacit, or by an implicit consent, the con∣senting judgement of all the Bishops and Presbyters in the whole Church, that is, of al who either have judicatory power or authoritie to preach publikely; and therefore such a decree is as fully authorized, confirmed, and approved, as if all the Bishops and Presbyters in the

world had personally subscribed in this manner, I confirme this De∣cree. Hereof there is a worthy example in the third generall Coun∣cell. No Presbyters at all were therein, not in their owne right. Ve∣ry many Bishops were personally absent, and present onely by their Legates or Agents; as almost all the Westerne Bishops, and by name Celestine Patriarch of Rome. Some, no question, upon other occasions neglected that businesse; as, it may be, the Bishops of Gangra, and of Heraclèa in Macedonia, who were not at this Councell. Divers o∣thers wilfully and obstinately refused to come to that holy Synod; as by name Nestorius Patriarch of Constantinople, Iohn Patriarch of Anti∣och, and some forty Bishops, who at the same time while the holy Councell was held in the Church at Ephesus, held a Conventicle by themselves in an Inne, in the same Citie; and yet notwithstanding the personall absence of the first, the negligent of the second, and wilfull absence of the last, the holy x generall Councell saith of their Syno∣dall judgement, given by those who were then present, that it was ni∣hil aliud quam communis & concors terrarum orbis sensus & consensus, no∣thing else but the common and consenting judgment of the whole world. How could this be, when so many Bishops, besides three Patriarchs, were either personally, or negligently, or wifully absent? How was there in that decree the consent of these? Truly because they all (even all the Bishops in the world) did either personally, or by their Agents, ex∣presse; or else in such a tacit and implicit manner (as wee declared) wrap up their judgement in the Synodall decree made by the Bishops present in the Councell.

28. But what if many of those who are present, doe dissent from that which the rest being the greater part doe decree? Truly, even these also doe implicitè, and are in reason to bee judged to consent to that same decree. For every one is supposed to agree on that generall Maxime of reason, that in such an assembly of Iudges, what the grea∣ter part decreeth shall stand as the Act and Iudgement of the whole: seeing otherwise it would be impossible that such a multitude of Bi∣shops should ever give any judgement in a cause, for still some in per∣versenesse and pertinacie would dissent. Seeing then it is the ordi∣nance of God that the Church shall judge, and seeing there can no other meanes be devised how they should judge, unlesse the sentence of the greater part may stand for their judgement, reason enforceth all to consent upon this Maxime. Vpon this is that Imperiall Law grounded, Quod y major pars curiae effecit, pro rato habetur, acsi omnes id egerint, what the greater part of the Court shall do, that is ratified, or to stand for the judgement of the Court, as if all had done the same. And againe, Refertur z ad universos quod publicè fit per majorem partem: That is accoun∣ted the act of all, which is publikely done by the greater part. Vpon this ground is that truly said by Bellarmine a, That whereon the greater part doth consent, est verum decretum Concilij, is the true decree of the Councell, even of the whole Councell. Vpon the equitie of this rule was it said in the Councell at Chalcedon b, when ten Bishops dissented from the rest, Non est justum decem audiri, It is not just that the sentence of ten should prevaile against a thousand and two hundred Bishops. Vpon the equitie of

the same rule did the fift generall Councell truly & constantly judge c, that the Councell of Chalcedon even in that definition of faith, which they all with one consent agreed upon, condemned the Epistle of Ibas as hereticall; al∣though they knew that Maximus, with Pascasinus, and the other Legats of Pope Leo, in the Councell of Chalcedon, adjudged that Epistle to be orthodo∣xall. How was it the consenting judgement of the whole Councell of Chalcedon, when yet some did expresse their dissent therein? How, but by that implicit consent which all give to that rule of reason, that the judgement of the greater part shall stand for the judgment of the whole; which the fift Councell doth plainly signifie, saying d, In Councels we must not attend the interloquutions of one or two, but what is defined in common, ab omnibus, aut amplioribus, either by all, or by the greater part: to that we must attend as to the judgement of the whole Councell. But omitting all the rest, there is one example in the Councell of Chalcedon most pregnant to this purpose.

29. All e the Councell, save onely the Popes Legates, consented upon that third Canon, decreed in the second, and now confirmed in this fourth Councell, that the See of Constantinople should have Patri∣archall dignity over Thrace, Asia, and Pontus, and have precedence be∣fore other Patriarches, as the next after the Bishop of Rome. The Le∣gates following the instructions of Leo, were so averse in this matter, that they said f not without some choler, Contradictio nostra his gestis inhaereat, Let our contradiction cleave to these Acts: and so it doth, to the eternall disgrace both of them and their master. The glorious Iudges notwithstanding this dissenting of the Legates and of Pope Leo him∣selfe in them, said g concerning that Canon, That which we have spo∣ken, (that the See of Constantinople ought to be the second, &c.) To∣ta Synodus, the whole Councell hath approved it. Why, but the Popes Le∣gates approved it not; they contradicted it. True, in this particular they dissented. But because they as all other Bishops, even Pope Leo himselfe, consented unto that generall Maxime, That the judgement of the greater part shall stand for the judgement of the whole Coun∣cell, in that generall both the Legats of Leo, and Leo himselfe, did im∣plicitè and virtually consent to that very Canon, from which actually and explicitè they did then dissent. For which cause the most prudent Iudges truly said, Tota Synodus, the whole Councell hath approved this Ca∣non: either explicitè or implicitè, either expressely or virtually appro∣ved it. Neither did onely those secular Iudges so esteeme, the whole generall Councell it selfe professed the same, and that even in the Sy∣nodall Relation of their Acts to Pope Leo: The universall h Synod said thus, We have condemned Dioscorus, we have confirmed the faith, wee have confirmed the Canon of the second Councell for the honour of the See of Constantinople, we have condemned the heresie of Eutyches: Thus writ the whole Councell to Leo: declaring evidently that act of approving that Canon to be the Act of the whole Synod, although they knew the contradiction of the Pope and his Legates to cleave unto it.

30. You see now that in every sentence of a generall and lawfull Councell there is an assent of all Bishops and Presbyters, they all ei∣ther explicitè, or tacitè, or implicitè, consenting to that decree, whe∣ther

they be absent or present, and whether in that particular they consent or dissent. Now because there can bee no greater humane judgement in any cause of faith or ecclesiasticall matter, than is the consenting judgement of all Bishops and Presbyters, that is, of all who have power either to teach or judge in those causes; it hence clearly ensueth, that there neither is nor can be any Episcopall or Ecclesiasti∣call confirmation or approbation whatsoever of any decree, greater, stronger, or of more authority, then is the judgement it selfe of such a generall Councell, and their owne confirmation or approbation of the decrees which they make; for in every such decree there is the consent of all the Bishops and Presbyters in the whole world.

31. Besides this confirmation of any synodall decree, which is by Bishops, and therefore to bee called Episcopall, there is also another confirmation added by Kings and Emperors, which is called Royall or Imperiall▪ by this later, religious Kings not onely give freedome and liberty, that those decrees of the Councell shall stand in force of Ec∣clesiasticall Canons within their dominions, so that the contemners of them may be with allowance of Kings, corrected by Ecclesiasticall censures, but further also, doe so strengthen, and backe the same by their sword, and civill authority, that the contradicters of those de∣crees, are made liable to those temporall punishments, which are set downe in Ezra i to death, to banishment, to confiscation of goods, or to im∣prisonment, as the quality of the offence shall require, and the wise∣dome of that Imperiall State shall think fit. Betwixt these two confir∣mations, Episcopall and Imperiall, there is exceeding great oddes and difference. By the former, judiciall sentence is given, and the synodall decree made or declared to be made, for which cause it may rightly be called a judiciall or definitive confirmation: by the later, neither is the synodal decree made, nor any judgment given to define that cause (for neither Princes nor any Lay men, are Iudges to decide those mat∣ters, as the Emperours Theodosius and Valentinian excellently declare in k their directions to Candidianus, in the Councell of Ephesus;) but the synodall decree being already made by the Bishops, and their judgement given in that cause, is strengthened by Imperiall authori∣ty, for which cause, this may fitly be called a supereminēt or corrobo∣rative confirmation of the synodall judgement. The former confir∣mation is Directive, teaching what all are to beleeve or observe in the Church: the later is Coactive, compelling all, by civill punishment to beleeve or observe the Synodall directions. The former is Essentiall to the Decree, such as if it want, there is no Synodall decree made at all: the later is Accidentall, which though it want, yet is the Decree of the Councell, a true Synodall Decree and sentence. The former bindes all men to obedience to that Decree, but yet onely under paine of Ecclesiasticall censures: the latter bindes the subjects only of those Princes, who give the Royall Confirmation to such Decrees, and binds them under the pain only of temporal punishmēt. By vertue of the former, the contradicters or contemners of those Decrees are rightly to be accounted either heretikes in causes of faith, or contu∣macious in other matters; and such are truly subject to the censures of

the Church, though, if the later be wanting, those censures cannot bee inflicted by any, or upon any, but with danger to incurre the in∣dignation of Princes: By vertue of the later, not onely the Church may safely, yea, with great allowance and praise, inflict their Ecclesi∣asticall censures, but inferiour Magistrates also may, nay ought to pro∣ceed against such contemners of those Synodall decrees, as against no∣torious, convicted, and condemned heretikes; or in causes which are not of faith, but of externall discipline and orders, as against contu∣macious persons. The Episcopall confirmation is the first in order, but yet because it proceeds from those who are all subject to Imperi∣all authority, it is in dignitie inferiour. The Imperiall confirmation is the last in order, but because it proceeds from those to whom everie soule is subject, it is in dignity Supreme.

32. This Imperiall confirmation, as holy generall Councels did with all submission intreate of Emperours, so religious Emperors did with all willingnesse grant unto them. Of the great Nicene Councell Eusebius saith l, Constantine sealed, ratified, and confirmed the decrees which were made therein. The second general Councel writ m thus to the Em∣perour Theodosius, We beseech your clemency, that by your letters, ratum esse jubeas confirmesque Concilij decretum, that you would ratifie and con∣firme the decree of this Councell: and that the Emperour did so, his Em∣periall Edict, before n mentioned, doth make evident. To the third Councell the Emperor writ thus o, Let matters cōcerning religion and pi∣ety be diligently examined, contention being laid aside; ac tum demū à nostrae pietate confirmationem expectate; and then expect from us our imperiall con∣firmation. The holy Councell having done so, writ p thus to the Em∣perour, We earnestly intreate your piety, ut jub••at ••a omnia, that you would cōmand, that all which is done by this holy and Oecumenical Councell against Nestorius, may stand in force, per vestra pietatis nutum et consensum con∣firmata; being confirmed by your roall assent: And that the Emperour yeelded to their request, his Edict q against Nestorius doth declare. In the fourth Councell the Emperour said r, We come to this Synod, not to shew our power, sed ad con••irmandam fidem, but to confirme the faith. And whē he had signified before all the Bishops his royall assent s to their decree, the whole Councell cryed out, Orthodoxam fidem tu confirmasti, thou hast confirmed the Catholike faith: often ingeminating those joyfull acclamations. That Iustinian confirmed the fift Councell, his imperiall Edict for condemning those Three Chapters, which after the Synodall judgment stood in more force than before; his severity t in punishing the contradicters of the Synodall sentence, partly by exile, partly by imprisonment, are cleare witnesses. The sixt Councell said u thus to the Emperour, O our most gracious Lord grant this favour unto us, signacu∣lum tribue, seale and ratifie all that we have done; vestram inscribito imperia∣lem ratihabitionem; adde unto them your imperiall confirmation, that by your holy Edicts, and godly constitutions they may stand in firme force. And the Emperour upon their humble request, set forth his Edict, wherein he saith x, We have published this our Edict, that we might, corroborare atque confirmare ea quae definita sunt, corroborate and confirme those things which are defined by the Councell. To all which, that may bee added

which Basilius the Emperour said in the eighth Synod, as they call it; I had y purposed to have subscribed after al the Bishops, as did my predecessors, Constantine the great, Theodosius, Martian, and the rest: thereby evidently testifying, not onely the custome of imperiall confirmation to have been observed in all former Councels, but the difference also betwixt it and the Episcopall subscription; the Bishops first subscribing, and thereby making or declaring, that they had made a Synodall decree, the Emperours after them all subscribing, as ratifying by their Impe∣riall confirmation what the Bishops had decreed.

33. By this now it fully appeareth, what it is which maketh any Synod or any Synodal decree, to be, and justly to be accounted an ap∣proved Synod, or an approved Synodall and Oecumenicall decree. It is not the Popes assent, approbation, or confirmation, (as they, with∣out all ground of truth doe fancy,) which at any time did, or pos∣sibly can doe this. It is onely the Vniversall and Oecumenicall consent of the whole Church, and of all the members thereof, upon any decree made by a generall Councell, which truly makes that an approved decree; which generall and Oecumenicall consent or appro∣bation, is shewed partly by the Episcopall confirmation of that de∣cree, made by the Bishops present therein, wherein there is ever either an expresse, or a vertuall and implicite consent of all the Bishops and Presbyters, and so of all the Clergy in the world; partly by the royall and imperiall confirmation given to that decree by Christian Kings and Emperours, in which there is an implicite con∣sent of all Laickes in the whole Church, Kings and Princes assenting not onely for themselves, but in the name of all their Lay subjects, for whom they undertake, that either they shall willingly obey that de∣cree, or else by severity of punishments, be compelled thereunto. If these two confirmations, or either of them be wanting, the Councell and decree which is supposed to be made therein, is neither an appro∣ved or confirmed Councell, nor decree, though the Pope send forth ten thousand Buls to approve and confirme the same: But if these two confirmations concurre in any decree of a generall and lawfull Coun∣cel, though the Pope reprobate and reject that Councell or decree ne∣ver so often, yet is both that Councell an approved generall Councel, and the decree thereof an approved or confirmed Synodall and Oe∣cumenicall decree, approved I say, and confirmed by the greatest hu∣mane authority and judgement that possibly can bee, either found, or desired, even by the whole catholike Church, and every member, whether Ecclesiasticall or Laicall, therein: And whosoever after such an ample approbation or confirmation, shall at any time contradict or contemne such a Councell or decree, he doth not, nor can he there∣by impare the dignity and authority of it, but he demonstrates him∣selfe to be an heretike, or, at least, a contumacious person, insolently, and in the pride of his singularity despising that judgement of the Councell, which the whole Church, and every member thereof, yea, even himselfe also among them, hath approved.

34. You will yet demand of mee, why generall Councels have fought the Popes approbation and confirmation of their decrees, (as

did the Councell of Chalcedon z of Pope Leo) after the end of the Sy∣nods; and what effect or fruit did arise from such confirmations, if it added no greater authority to the Synodall sentence, than before it had? I also aske of you another question; Why did the Councell of Constantinople confirme a the Nicene Synod, and the faith decreed therein? or why did the Councell of Chalcedon confirme b all the three former generall Councels? or why did their second Nicene con∣firme all the sixe Synods which were before it, saying ^c, Eorum consti∣tutionem integram & illabefactabilem confirmamus; we confirme the divine Canons and constitutions, being inviolable? Was not the great Nicene Councell and decree of faith, of as great authority before it was con∣firmed by the second or fourth Councel, as afterwards? or what great∣er strength and authority had either it, or any of the sixe first generall Councels, by the confirmation of the second Nicene Synod, which, unto all the former, is as much inferiour, as is drosse or clay to the gold of Ophir. If the confirmations of one generall Councell by another, give no greater authority unto it than before it had, (as it is certain by these examples, that it doth not) what marvell if the Popes confirma∣tion doe not worke that effect? If notwitstanding all this, the con∣firmations of former, by subsequent Councels, bee not fruitlesse; truly, neither the confirmation of the Pope, or any other Bishop that is absent, must bee thought fruitlesse, though it adde no more autho∣rity to the Synod, or Synodall decrees, than before they had.

35. Neither did only general, but even Provincial Coūcels, yea, par∣ticular Bishops confirme generall Synods, and the decrees therof. The Synod at Millane was assembled by the direction of Pope Leo, in which the Acts of the first Emphesine Councell, per subscriptionem Episcoporum absentium sunt confirmata; were confirmed by the subscription of those Bi∣shops, who were absent. So writeth d Binius. The like was done after the Councell of Chalcedon; for when some began to quarrell at it, Leo the Emperour, that he might, confirmare e ea, confirme the decrees of that Councell, published an Edict to that end, at the sollicitation of Pope Leo f; yea further, the Emperour commanded the severall Bishops to shew their judgements in that doctrine of faith decreed at Chalcedon, which he did to this end, ut omnium calculo & confessione Chalcedonense Concilium iterum firmaretur, saith Binius m; that the Councell of Chalcedon might be confirmed againe by the consent and confession of all those Bishops. They did what the Emperour commanded them: some alone, as A∣natolius, Seba••••ianus, Lucianus, Agapetus, and many moe; some in Syno∣dal Epistles, as the Bishops of Alexandria, of Europe; all whose letters are adjoyned to the Councell of Chalcedon n: concerning all which, that is to be noted which Agapetus saith o, Pene omnes occidentalium partium Episcopi confirmaverunt, atque consignaverunt; almost all the Bi∣shops of the West, (and so also in the East) did confirme by their letters and subscriptions, that faith which was explaned at Chalcedon. What authority thinke you, could the confirmation of one single Bishop, as of Agape∣tus and Sebastianus, or of a Synod consisting but of nineteene Bishops, (as that at Millan p) or but of seven q, or sixe r, or five s, or foure t, (as some of the other) give to the great and Oecumenicall Councels of

Ephesus and Chalcedon, approved not onely by the Popes, but by the consenting judgement of the whole (Christian) world, as out of the Ephesine Synod we before declared: And yet was never one of those confirmations fruitlesse, as Pope Leo, who was the author of them, rightly judged. Of the great Nicene Councell, Eusebius Bishop of Nicomedia, and Theognis Bishop of Nice, after they had endured exile for not consenting to the Nicene faith, in token of their repentance, writ u thus unto the Synod, Those things which are decreed by your judge∣ment, consentientibus animis confirmare decrevimus, we are purposed to con∣firme with consenting mindes. Even the consent of two, and those exiled and hereticall Bishops, is called a confirmation of the great Nicene Councell, to which no authority was added therby. I will but add one example more, and that is of this our fift Councell; concerning which, in their second Nicene Synod, it is thus said x, Foure Patriarkes being present, approved the same, and the most religious Emperour sent the Synodall Acts thereof to Ierusalem; where a Synod being assembled, all the Bi∣shops of Palestina manibus, & pedibus, & ore, sententiam Synodi con∣firmarunt; they all confirmed the sentence of this Councell, with their hands, with their confessions, and full consent, except onely one Alexander Bishop of Abyles, who thought the contrary, and therefore was put from his Bishopricke; and comming to Constantinople was swallowed up by an earthquake. So their Nicene Synod: By all which it is now cleare, that generall and appoved Oecumenicall Councels, or the de∣crees thereof, may bee, and, de facto, have beene usually approved and confirmed not onely by the Pope, but by other succeding generall Councels, by Provinciall Synods, yea, by particular Bishops, who have beene absent, none of all which gave, or could give more autho∣rity to the Councell or Synodall decree thereof, than it had before; and some of them are both in authority and dignity not once to bee compared to those Synods which they doe approve or confirme; and yet not any one of al these confirmations were needlesse, or fruitlesse.

36. The reason of all which may be perceived by the divers ends of th••se two cōfirmations. These use & end of the first confirmation by the Bishops present in the Councell, was judicially to determine and define the controversie then proposed, and to give unto it the full and perfect authority of a Synodall Oecumenicall decree, that is in truth, the whole strength and authority which all the Bishops and Churches in the whole world could give unto it. The use and end of the second confirmation by those Bishops, who were absent, was not judicially to define that cause, or give any judgment therein, (for this was done already, and in as effectuall a manner as possible it could bee) but to preserve the peace of the Church, and unity in faith, which could by no other meanes be better effected, than if Bishops, who had been ab∣sent, and therefore did but implicitè, or by others, consent to those de∣crees at the making thereof, did afterwards declare their owne expli∣cite and expresse consent to the same. Now because the more emi∣nent that any Bishop was, either for authority or learning, the more likely he was, either to make a rent and schisme in the Church, if hee should dissent, or to procure the tranquility and peace of the

Church, if hee should consent; hence it was, that if any Patriarke, Patriarchall Primate, or other eminent Bishop were absent at the time of the Councell, the Church and Councell did the more ear∣nestly labour to have his expresse consent and confirmation to the Synodall decrees: This was the cause why both the religious Empe∣rour Theodosius y, and Cyrill, with other orthodoxall Bishops, were so earnest to have Iohn Patriarke of Antioch, to consent to the holy E∣phesine Synod, which long before was ended; that as he had beene the ringleader to the factious conventicle, and those who defended Nesto∣rius with his heresie; so his yeelding to the truth, and embracing the Ephesine Councell, which condemned Nestorius, might draw many o∣thers to doe the like, and so indeed it did. This was the princi∣pall reason why some of the ancient Councels, as that by name of Chalcedon, (for all did it not) sought the Popes confirmation to their Synodall decrees; not thinking their sentence in any cause to bee in∣valid, or their Councell no approved Councell, if it wanted his ap∣probation or confirmation, (a fancy not dreamed of in the Church in those daies) but wheras the Pope was never personally present in any of those w^ch they account the 8 general Councels, the Synod thought it fit to procure, if they could, his expresse and explicite consent to their decrees, that he being the chiefe Patriarch in the Church, might by his example move all, and by his authoritie draw his owne Patri∣archall Diocesse (as usually hee did) to consent to the same decrees; whereas, if he should happen to dissent (as Vigilius did at the time of the fift Councell) hee was likely to cause (as Vigilius then did) a very grievous rent and schisme in the Church of God.

37. There was yet another use and end of those subsequent confir∣mations, whether by succeeding Councels, or absent Bishops: and that was, that every one should thereby either testifie his orthodoxy in the faith, or else manifest himselfe to bee an heretike: For as the ap∣proving of the six generall Councels, and their decrees of faith did witnesse one to be a Catholike in those doctrines; so the very refu∣sing to approve or confirme any one of those Councels, or their de∣crees of faith, was ipso facto, without any further examination of the cause, an evident conviction that he was a condemned heretike; such an one, as in the pride and pertinacie of his heart rejected that holy synodall judgement, which all the whole catholike Church, and eve∣ry member thereof, even himselfe also had implicitè before confirmed and approved. In which respect an heretike may truly bee called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, being convicted and condemned not onely by the evi∣dence of truth, and by synodall sentence, but even by that judgment which his owne selfe had given implicitè, in the decree of the Coun∣cell. The summe is this; The former confirmation by the Bishops pre∣sent in the Synod, is Iudiciall; the later confirmation by the Bishops who are absent, is Pacificall. The former is authoritative, such as gives the whole authority to any decree: the later (whether by succeeding Councels, or absent Bishops) is Testificative, such as witnesseth them to be orthodoxall in that decree. The former, joyned to the Imperi∣all confirmation, is Essentiall, which essentially makes both the Coun∣cell

an approved Councel, & all the decrees therof, approved, synodal, and Oecumenicall decrees: the later is accidentall, which being gran∣ted by a Bishop, doth much grace himselfe, but little or nothing the Synod; and being denyed by any, doth no whit at all either disgrace the Synod, or impare the dignity and authority thereof, but doth ex∣treamely disgrace the partie himselfe who denyeth it, and puls downe upon him, both the just censures of the Church, and those civill pu∣nishments which are due to heretikes or contumacious persons.

38. My conclusion now is this: Seeing this fift Councell was both for the calling generall, and for the proceeding therin lawfull, and or∣derly; and seeing, although it wanted the Popes consent, yet it had the concurrence of those two confirmations, before mentioned; Epis∣copall and Imperiall, in which is included the Oecumenicall approbati∣on of the whole catholike Church: it hence therefore ensueth, that as from the first assembling of the Bishops it was an holy, a lawfull, and Oecumenicall Councell; so from the first pronouncing of their sy∣nodall sentence, and the Imperiall assent added thereunto, it was an approved generall Councell, approved by the whole catholike Church; and so approved, that without any expresse consent of the Pope added unto it, it was of as great worth, dignity, and authoritie, as if all the Popes since S. Peters time had, with their owne hands sub∣scribed unto it. And this may suffice to satisfie the fourth and last ex∣ception which Baronius devised to excuse Vigilius from heresie.

Notes

• a

  An. 593. nu. 124.
• b

  An. eod. nu. 29.
• c

  An. eod. nu. 219
• d

  Not▪ in Conc. 5. § Praesedit.
• e

  Sup. ca. 4. nu. 26. et seq.
• f

  Sup. ca. 17.
• g

  Omne septimū ordinatum in eādem numera∣tione quā res•• praecesserunt, &c. Act. 6. pa. 357. a.
• h

  Bell. lib. 1. de Conc. ca. 5.
• i

  An. 547. nu. 41. & 43.
• k

  Coll 8.
• l

  Sup. cap. 2. nu. 1. & seq.
• m

  Coll. 2. p. 523.
• n

  An. 553. nu. 221.
• o

  An. 555. nu. 2.
• p

  Adeo exhor∣ruisse visi sunt Antistites occi∣dentales aliam post quartam ad∣mittere oecume∣nicam Synodum, ut non potuerit Pelagius rep••rire Episcopos Romae à quibus conse∣craretur. Bar. an. 556. nu. 1.
• q

  Can. 1. & Con. Nic. can. 4.
• r

  Sup. ca. 4. nu. ••••, 26. & seq.
• s

  Sup. hoc cap. nu. 2.
• t

  Not. in 5. Con. §. Concilium.
• u

  Ibid.
• x

  An. 553. nu. 23
• y

  Ibid. nu. 24.
• z

  Optavimus & frequentissime supplici voce po∣poscimus eundē (coe••um) ad quē∣libet Italiae locū, aut cer••e ad Si∣cili••m, &c. Vi∣gil. in Constit. apud Bar. an. 553. nu. 56.
• a

  Epist. Leon. 24
• b

  Quod quia fieri Serenitas vestra non ••n∣nuit. Vigil. loc. cit.
• c

  Bin. Not. in Conc. 5. §. Con∣cilium.
• d

  Lib. 20. an. 553.
• e

  An. 544.
• f

  An. to. 3. in Iustinian••.
• g

  Cui Concilio praerant Euty∣chius, Domnus & Vigilius. Glic. annal. part. 4. pa. 379.
• h

  Coll. 8. p. 584. a
• i

  Coll. 2. pa. 523.
• k

  Coll. 1. p. 521. b
• l

  An. 553. nu. 2
• m

  Lib. 3. de Concor. ca. 15.
• n

  Vid. sup. ca. •••• nu. 6.
• o

  Lib. 17. ca. 27.
• p

  Not. in Conc. 5. §. Concilium.
• q

  Sup. ca. 2. nu. 1. &. 3.
• r

  Collat. 2. pa. 524. b.
• s

  An. 553. nu. 47.
• t

  Id{que} elabora∣vit. ibid.
• u

  An. eod. nu. 4••.
• x

  Not. in Conc. 5. §. Constitutis.
• y

  An. 553 nu. 219.
• z

  Lib. 2. de Conc. ca. 11. §. Ac de.
• z

  Si quid contra haec quae statui∣mus, à quolibet factum dictum at{que} conscriptum est, vel fuerit; hoc modis om∣nibus ex autho∣ritate sedis Apo∣stolicae refuta∣mus. Consi. Vig. in ••ine.
• a

  Socr. l. 5. ca. ••.
• b

  Vs{que} ad sinem mensis Iuly pro∣ducta est. Bar. an. 381. nu 80.
• c

  Lib. 3. de sidc Cathol. Cod. Theod.
• d

  L. 8. de Occid. Imp. an. 381.
• e

  An. 381. nu. 97.
• f

  Bar. an. eod▪ nu. 81.
• g

  Lib. 6. Epist. 31
• h

  Anathema in∣fligimus Mace∣donianis. Epist. Damas. et Sy∣nod. Rom. apud Theod. lib. 5. ca. 10.
• i

  Concilium il∣lud Ro••anum habitum est tem∣pore 〈◊〉〈◊〉 e••is∣copi Alexandri∣ni, qui ei intersu∣it. Zozom lib. 6. ca. 23.

  Timotheus vero qui ••etro succes∣sit, sedit in Con∣cilio Constan∣tinopolitan••, ut ex subscripti∣one liquet.
• k

  Lib. 2. Epist. 24
• l

  Lib. 2. Epist. 10 Indict. 11.
• m

  Epist. 54.51.61.
• n

  Epist. 53.
• o

  Act 16. pa. ••36. a.
• p

  Sedes Aposto∣lica quae nobis, praecepit. Ib••d. pa. 137. b.
• q

  Vehementer refutarunt hunc terti••m Canonē Leo et Damasus. Turrian. l••b de 6, 7, et 8, Syno∣dis. pa. 65. Ro∣mana Ecclesia hactenus respuit hunc Canonem. Bin, not. in Conc. 2 § Approbatum
• r

  ••am primum (in Concilio La∣ter.) Constanti∣nopolitana sedes Romanae Eccle∣siae assensum, publice obtinuit, &c. Sand. lib. 7. de visib. Monar. ad an. 1215.
• s

  Act. 1. et alijs ubi recensentur Episcopi.
• t

  Coll. 1. et alijs.
• u

  Ecce nos Deo volente Anatoli∣um primum ha∣bemus. Ait P••s∣casinus in Conc. Chal. Act. 1. pa. 8. b.
• x

  Ibid.
• y

  S. memorie Chrysostomus 15 Episcop••s depo∣suit in Asia et pro eis alios or∣dinavit. Conc. Chalc. Act. 11. in fine Zozo lib. 1. ca. 6.
• z

  Pallad. in vit. Chrys.
• a

  Conc. habitum an.; 81. Chrysost. creatus Episco∣pus C••sario et Attico Coss. Socr. lib. 6. ca. 2. id est, circa an. 398 cujus secundo anno, aut circi∣ter, haec ••••enc∣runt.
• b

  Act. 16. pa. 136. b.
• b

  Act. 16. pa. 136. b.
• c

  Ibid.
• d

  Relat. ad Leo∣nem post act. 16.
• e

  Conc. Chalced. habitum, an. 451
• f

  Conc. Constant. habit. an. 381.
• g

  Nov. 131. ca. 1, et. 2.
• h

  Coll. 2. pa. 524. a.
• i

  In Chron. an. 1. Iustin.
• k

  Lib. 4. ca. 11.
• l

  Cod. l. 7. de summa Trin.
• m

  Nov. 115.
• n

  Lib. 1. de Pont. ca. 24. § His.
• o

  Not. in Conc. 2 §. Constantinop.
• p

  Act. 10.
• q

  Lib. 3. de vita Constant ca. 13.
• r

  Act. 6.
• s

  Extat inter E∣pist. post Concil. Chal. pa. 168. a.
• t

  Extat ibid. pa. 155.
• u

  Tom. 1. Conc. pa. 541.
• x

  Epist. Conc. E∣phes. ad Imper. tom. 2. Act. Con. Ephes. epist. 17.
• y

  Dig lib. 50. leg. 19.
• z

  Dig. lib. 5. lit. 17. de Reg. Iuris 160.
• a

  Lib. 2. de Conc. ca. 11. §. At.
• b

  Act. 4. p. 90. b.
• c

  Coll. 6. p. 576. b.
• d

  Ibid. pa. 563. b.
• e

  Haec omnes di∣cimus, haec omni∣bus placent. Act. 16. pa. 137. a.
• f

  Ibid. pa. 137. b.
• g

  Ibid.
• h

  Sancta & uni∣versal. Synod. Leoni. Relat. Sy∣nod. post Act. 16
• i

  Ez. 7.16.
• k

  Nefas est eum qui Episcoporum catalogo adscrip∣tus non est, Ec∣clesiasticis nego∣tijs scimmiscere. (nempe ut Iudi∣cē qui definiat.) Epist. Imp. ad Synod. Ephes. t••. 1. Act. Ephes. Conc. ca. 32.
• l

  Lib. 4. de vita Constant. ca 27.
• m

  Epist. Synod. 2. post Act. Concil. pa. 518.
• n

  Hoc. cap. nu. 19.
• o

  Act Ephes. Conc to••. 3. ca. 17.
• p

  Act. Conc. Eph. to. 4 ca. 8.
• q

  Imperator sen∣tentia Synodi publicè approba∣ta, Nestorio ex∣ilium indicit. Act. Con. Eph. to. 5. ca. 11. et lege ult. de haeret. Cod. Theod.
• r

  Act. 6.
• s

  In perpetuum quae à vobis te••∣minata sunt ser∣ventur. Ibid.
• t

  Vict. in Chron. an. post Coss. Bas. 13, 14.15, &c.
• u

  Act. 18.
• x

  Edict. Constat. P••gon. Act. 18. Conc. 6.
• y

  Act. 10.
• z

  Rogamus tuis decretis nostrum honora judici∣um. Epist. Synod. Chal. ad Leonem post Act. 16.
• a

  Statuerunt 318. Patrum fi∣dem firmam ac stabilem manere oportere. Conc. Const. ca. 1.
• b

  In definit. fidei Act. 5. Confir∣mavimus Pa∣tr••m 150. regu∣lam Epist. Conc. Chal. ad Leonē post Act. 16. Conc. Chal. prae∣dicta concilia firmavit. Epist. Episc. Europae post Cōc. Chal pa. 152.
• d

  Not. in Conc. Rom. 3. tempore Silvestri.
• e

  Bin. not. in Conc. Chalc. § Incipiunt pa. 190.
• f

  Epist 73. hoc classico Pontifi∣cis Imperator excitatus sancti∣onem edidit. Bin. not. in eam Epist.
• m

  Locis citat••.
• n

  Pa. 146. ad pa. 179.
• o

  Pa. 166.
• p

  Vt liquet ex eorum epist. Sy∣nod. quae extat post Epist. 52. Leonis.
• q

  Vt Epis. Syriae post Conc. Chal. pa. 155. b.
• r

  Vt Episc. Mae∣sia ibid. a.
• s

  Vt Episc. secun∣dae Syriae. Ibid. pa. 157. b.
• t

  Vt Episc. Osro∣eviae. Ibid. pa. 268. a.
• u

  Epistola eorum extat apud So∣cratem lib. 1. ca. 10.
• x

  Act. 1. pa. 306
• y

  Sacra Imper. ad Iohan. to. 5. Act. Eph. Conc. ca. 3. Cyril. Epist. 38. ad Dynatum to. eod. ca. 16.