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 ...

§. XVII. And thus this great Prince, this pattern of Government to all his Successors, as Evagrius stiles him, ha∣ving settled all things both in Church and State, two years after dyes, and is succeeded in the year 457 by Leo, who was chosen by the unanimous Vote both of the Senate and the Army; a Prince, says Nicephorus, that would have carried the Election in the most flourishing times of the old Common-Wealth, when only worth gave right and title to Prefer∣m%nt, a Man of that strict and severe Vertue, that he must have been chosen Augustus by the Cato's themselves. But as great a Man as he was, he found it an hard task to keep things in that good order, in which they were left by his Predecessor. For no sooner came the news of Marcian's death to Alexandria, that Metropolis of Sedition, but a few of the Eutychian Party, among whom were only two Bishops, accompanied with the City-rabble, make Timotheus Aelurus their Bishop, and most inhumanely mur∣ther Proterius at Divine service, who had been chosen to that See by the Bishops

of the Province upon the deposition of Dioscorus, and not content with his blood, they treat the dead body with all the circumstances of rude∣ness and barbarity: Upon this Com∣plaints are carried to the Emperor by both Parties, with Petitions on one side for abrogating, and on the other for con∣firming the Council of Calcedon. The Emperor considering of the Matter, re∣fers it to the Judgment of the Church, and being unwilling to put the poor a∣ged Bishops to the tedium of long Jour∣neys for assembling in Council, he takes a more compendious, but no less effe∣ctual course: directing his Letters to all the Metropolitans of the Christian Church within the Empire, requiring their impartial Judgment of both Con∣troversies, without fear or favor, or ill-will, having only the fear of God before their Eyes, and as they would one day answer it to the divine Majesty, viz. the Ordination of Timotheus Ael••rus, and the ratification of the Council of Calcedon. And this brought forth that famous vo∣lume of Encyclical Epistles, that make up the third part of the Council of Cal∣cedon, and that are so often and so much commended by the Ancients, Liberatus, Facundus Hermianensis, Evagrius, Victor

Tunonensis and Cassiodorus, at whose per∣swasion, as himself informs us, Epipha∣nius a learned Man translated them into the Latin Tongue, and that is the only Copy of them that is now extant. An excellent Collection it is of Ecclesiastical Antiquity, and a true representation of the ancient Unity and Communion of the Catholick Church, without the formali∣ty of a general Council. The Authori∣ty of the determination is the same, con∣sisting in the Concord of Bishops, and the Resolution it self much more easie and expedient. For it required much time and expence to assemble Councils, it put infirm old Men to long and tedious Journeys, it rob'd most Churches for a time of their Guides, by the absence of their leading Prelates, whereas by this way of Encyclical Correspondence the dispatch was equally speedy and effectu∣al. For the Result of all their Answers was the approbation of the Synod of Cal∣cedon, and the deposition of Timotheus, there being but one Dissenter, and he but half an one, and that was Amphilochius Bishop of Sida, who at first disallowed the Council of Calcedon, but earnestly p••••ss't the deposition of Timotheus, thô wit••••n a little time he was brought to subscribe the Council, as Eulogius Bishop

of Alexandria reports, who withal says, that there were no less than one thou∣sand six hundred subscriptions return'd to the Emperor, which if true, it is a much greater number, than all the four General Councils put together amount to.

Upon this transaction the Remarque of Facundus is very smart and acute,

Be∣hold here the true Liberty of the Church in those days, when the most Christian King did not over••aw the Priests of God with his temporal Pow∣er, but on the contrary arm'd and warn'd them against all such fear by the over-ruling fear of God. Neither did he suggest any thing of his own thoughts, lest it should be suspected that their Answer was suited to his Roy∣al Will, and this he did, not only out of respect to the Discipline of the Chri∣stian Church, but because he very well knew that no forced Decrees were of any Authority in themselves, for when a Sentence is forced, it is not his Sen∣tence by whom it is pronounced. And the cause that carries it, gains nothing by it, but the advantage lies on the side of the Party condemn'd, for it is evident, that he was not at liberty to judg aright, whose Judgment is forced, for a forced Judg∣ment

is none at all. And therefore this Emperor of blessed Memory preserved the Peace of the Church, because he would not presume to establish any Do∣ctrins by his own Authority, and usurp that Power that is proper to the Priest∣hood alone. Whereas had he prescri∣bed to the Council, and they meerly lac∣quied to his instructions, it is evident that one Lay-man, that was no com∣petent Judg of those Matters, really pass't the judgment, and not those who were the only proper Judges of the Cause. And withal he very well understood, that forced Councils never came to any good effect, as the Coun∣cil of Ariminum under Constantius, and the false Council of Ephesus under Dio∣scorus. And therefore though himself could have pass't a right sentence, yet he would not, because he would not render the Sentence of the Church sus∣pected, and by that means evacuate its Authority.

But as the whole Eastern Church a∣greed in this business, so no Man was more active, not to say more imperious, in it than Pope Leo, who was ever for carry∣ing all things through with an high hand, and having raised himself to the height of Authority, resolved to keep it up. For

it was no small point of Grandeur that he gain'd, when he procured that his own private Epistle should be imposed up∣on the Catholick Church, and made e∣qual with the Decrees of General Coun∣cils. But that which advanced him to the top-round of Power, was his signal Victory over Constantinople and the East∣ern Bishops, when he forced them to eat and reverse their 28th Canon, made Anatolius submit and beg his pardon, brought the Emperor Marcian himself al∣most upon his Knees, and forced him to renounce his own Imperial Rescript, thô made in favor of his own Imperial City. This great success could not but swell his mind, that was already but too great of it self, and thereupon he takes the supreme and indeed single manage∣ment of all things into his own hands. And when no Man, no not the Emperor himself dares withstand his Commands, so severe and peremptory were they, that for a good time he kept the Eutychi∣an Cause sufficiently low and humble. And to say the truth, setting aside his by-design of advancing the Grandeur of his own See, he acted nothing, that was not only warrantable but justly praise-wor∣thy. For when once a Controversie is decided by the Authority of the Church,

no Christian Bishop can be too vigorous in his proceedings against all th••t refuse submission to the Decree. Here Peace and Government lye at stake as well as Truth, and unless they are preserved, the Church is lost, and the Society dissolved into meer Tumult and Confusion. Whilst Controversies are on foot and have not received the Judgment of the Church, we may allow Men to be moderate or eager in their Disputes about them, ac∣cording to the variety of their apprehen∣sions or natural Tempers. But after the Church has interposed its Authority, there all moderation is at best but Trea∣chery, and the Reverence due to its com∣mands will call forth every honest Mans utmost zeal in its defence. And that was the case here that the Eutychians moved for a review by a new Council: No, says Pope Leo, that were to offer an Af∣front to the Authority of the Church in the great Council of Calcedon, and in∣stead of putting an end to Schisms and Contentions, to make them perpetual for the humor and pleasure of every peevish talker. Nam cum nihil sit convenientius fidei defendendae, quàm his quae per omnia instruente spiritu sancto, irreprehensibiliter definita sunt, inhaerere; ipsi videbimur bene statuta convellere, et Autoritates, quas

Ecclesia Vniversalis amplexa est, ad arbi∣trium haereticae petitionis infringere; at∣que ita nullum colligendis ecclesiis modum ponere, sed datâ licentiâ rebellandi, dila∣tare magis quam sopire certamina.

For when the most proper means for secu∣ring the Faith is, that we acquiesce in those things that are legally settled by the direction of the Holy Ghost, other∣wise 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 petu∣lant Heretick, and so shall have no means left to preserve the Churches Peace; but opening a gap to all rebelli∣on, 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 firmita∣tem? qui in malitiâ suâ inconvertibilis per∣severans per vasa irae et suae apta fallaciae, falso diligentiae nomine, dum veritatem se mentitur inquirere, mendacia desiderat se∣minare.

Who but these great Enemies to Christianity the Devil and Antichrist, would dare to shake the settled founda∣tion, 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 m••ved for a confe∣rence, 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 i••sidiis, ut inter Eutychetis Dioscorique discipulos, et eum quem Apos••olica sedes direxerit, di∣ligentior, tanquam n••hil ante fuerit defini∣tum, tractatus habeatur; et quod totius mundi Catholici Sacerdotes in sanctâ Cal∣cedonensi Synodo probant, gaudentque fir∣matum, in injuriam etiam sacratissimi Con∣cilii Nicaeni efficiatur infi••mum.

Your Majesty cannot but observe the crafty at∣tempts of Hereticks, that there should be a farther Debate between the Here∣ticks and us, as if there had been no∣thing already determin'd, and the set∣tlement made by the Holy Council of Calcedon to the great joy of the Ca∣tholick Church all the World over, should be slited to a dishonorable refle∣ction 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 a∣gainst them. Which was accordingly done, and Timotheus Aelurus was depo∣sed, banisht and imprison'd, and when he petition'd for leave to come to Constanti∣nople, there to make a publick declara∣tion 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 Absolu∣tion whereof requires some other expia∣tion than fair Confessions, and therefore he enjoins Gennadius then Bishop of Con∣stantinople, 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 Eu∣tychian Controversie, after the determi∣nation of the great Council. The sum of all is, that the matter was already de∣cided by the Authority of the Church, and after that there remains no liberty of Dispute. And therefore instead of in∣dulging 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 As∣saults of restless Spirits. Cùm enim Cle∣mentiam tuam Dominus tantâ Sacramenti Illuminatione ditaverit, debes incunctan∣ter 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 Prote∣ction of the Church, that by suppres∣sing seditious Attempts, you may de∣fend what is already establisht, and re∣store Peace, where things are in disor∣der.

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 there∣fore 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 U∣nity all this Emperor's Reign. But be∣side 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 Roy∣al Grace and Favor, bestowing several Priviledges and Immunities upon Chur∣ches and Church-men. Thus he grant∣ed the right of Sanctuary to all Religi∣ous houses, so as to punish its violation with no less Penalty than Death. Ano∣ther 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 Ser∣vice of God, upon pain of forfeiture of E∣state. And a third Law to forbid all but Christians to plead in Courts, a fourth a∣gainst 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.

Notes

• Evag. l. 2. c. 8.
• Liberati Brev. c. 14.
• Ibid. c. 15.
• Divin. Lect. ••.11.
• Apud. Pho∣tium Cod. 230.
• Lib. 12. c. 3.
• Epist. 25.
• Epist. 78.
• Cod. Justin. C. de his qui confu∣giunt ad Ecclesias.
• Leg. Ult. de Feriis.
• L. 15 de Episc. Au∣dientiâ. L. 31 de Episc. et Clericis ibid. L. 33.