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 ...

§. XXIII. And thus having vindicated his Laws from the Cavils of these un∣gratful Men, I come now to vindicate his Person and his Actions from their more disingenuous Aspersions. And here lies the main ground of the Quarrel a∣gainst him, not his medling too much with Church-Matters but with Church-Men. He would not suffer himself as some of his Predecessors did, to be out∣hufft by the Papal Insolence, but brought Vigilius one of the proudest of them all to complyance and submission, and that is a Crime never to be forgiven. And for want of better or rather worse Infor∣mation against him, they are content to take up with a scandalous Libel, i. e. Pro∣copius's Anecdota. Baronius was grieved to the heart, that he could not find it, because from thence, he says, it would appear, what the Humor, what the Wisdom, what the Piety of Justinian was, when his sauciness against Ecclesiasticks was such, as no good or pious Prince could be guilty of. But Alemannus a Convert from the poor Greek Church, and one of the Cardinals Successors (as he proudly intitles himself) in the Office of Apostolical Li∣brarian, chancing it seems to light upon it as he was brushing the old Manuscripts in the Vatican, is transported with joy,

and is all on fire to oblige holy Church with the publication of so useful a Work, that the World might now see what man∣ner of Man this same Justinian was, who treated a Bishop so rudely as he did the good Pope Vigilius, and not only so, but he has helpt out the original Copy in his Latin Translation, and what Procopius relates only as a flying Report, he makes bold to set down as a known and certain truth. And among many other strong strains of disingenuity, he has been so inju∣dicious, as to undertake to make out the truth of this Libel by Procopius his own History, that was publisht to the World in Justinian's own time, approved of by himself, and the Author advanced for it to the highest Preferments in the Empire. Now that Man that will seriously go a∣bout to prove a Panegyrick to be a Sa∣tyr, only shews that he is a little too much in good earnest▪ But before I prove the false-hood of these Slanders, it will be convenient to shew the occasion of raising them, and that was the great heats in the Controversie about the tria capitula, in which the Emperor created to himself a great number of Enemies by his zeal and resolution on that side that he unhappily took to. I shall therefore first set down the progress of that Story,

that was the only false step of his Reign, but so unluckily made, that he could ne∣ver wholly recover himself again, be∣fore I ingage the Librarian and his sup∣posed Author. This Emperor then ha∣ving appear'd so zealously in behalf of the Orthodox Faith, having declared so severely against all Hereticks by several Edicts, and particularly publisht a Re∣script against the singularities of Origen upon complaint of the Palestine Monks, set on by Pelagius the Popes Legate at the Court of Constantinople, in spite to Theodorus Bishop of Caesarea his Rival in Court-favor, but a great Admirer of Ori∣gen, having appointed a Conference at Constantinople in the year 533 to recon∣cile the Acephali to the Church and the Council of Calcedon, in which he expres∣ses a very high Passion for the resettle∣ment of Peace and Unity. Having been so bold as to consent to the deposition of Anthimus Bishop of Constantinople and the Queens Favourite, at the instigation of Pope Agapetus for suspicion of the Euty∣chian Heresie, and after that to confirm the Decree of the Council under Mennas against him by adding Banishment to his Deposition. And being now upon a de∣sign of publishing a Rescript against the Acephali in behalf of the Council of Cal∣cedon,

upon this Theodorus a friend to Eu∣tyches as well as Origen,* 1.1 having insinua∣ted himself into the Court by the Em∣press, and being endeared to the Emperor by his great Officiousness, partly to be revenged of Pelagius for the Affront to his Master Origen, and partly to divert the good Emperor from his Design a∣gainst the Acephali, craftily perswades him that he might spare his Pains, and reconcile them to the Council at a chea∣per rate. If three Offensive things were taken out of its Acts, i. e. if the Wri∣tings of Theodorus Mopsuestenus Master to Nestorius, if the Epistle of Ibas Bi∣shop of Edessa to Maris Persa, and if the Book of Theodoret against Cyr••l's Ana∣thema's might be condemn'd of Heresie, though they had been absolved by the Council. The Motion was plausible to the Emperor, and he thought it a very easie Method to reconcile all Parties, on∣ly by suppressing the Writings of two or three private Men, so that the Authori∣ty of the Decrees of the Council it self stood unshaken as before; for though the Council did not condemn, yet it did not commend but on••y acquit them, and therefore it was not directly concern'd in their suppression. And Theodorus find∣ing that by this Device he had decoyed

the Emperor into his snare, that he might secure him from a Relapse, prevails with him in the absence of his Rival Pelagius, who was then at Rome, to publish an E∣dict of Condemnation by his own Autho∣rity, but drawn up, as Facundus Hermi∣anensis tells the Emperor, not by himself, but Theodorus and his Accomplices, that so having once publickly appear'd in the Cause, that would be an obligation upon him to persevere in it against all oppositi∣on, otherwise he understood the gentle∣ness of his Temper so well, that when he saw the Mischiefs and Inconveniences that follow'd upon it, he would quit the Cause, and leave them in the lurch to answer for their Affront to the Council of Calcedon. And the better to secure themselves, the Edict was as craftily composed as it was contrived. All the Councils were confirm'd, all the Heresies of all denominations condemn'd, only in the tail of all, these three particular Au∣thors were apocryphised. And that the good Emperor's design was meerly Peace and Concord, is very observable from the conclusion of all. Si quis igitur post e∣jusmodi rectam confessionem, et haeretico∣rum condemnationem, salvo manente pio intellectu, de nominibus, vel syllabis, vel dictionibus contendens, separat se à sanctâ

Dei Ecclesiâ, tanquam non in rebus, sed in solis nominibus et dictionibus positâ nobis pietate: talis utpote dissensionibus gau∣dens, rationem pro semetipso, et pro de∣ceptis et decipiendis ab eo reddet magno Deo, et Salvatori nostro Jesu Christo in die Judicii. By which it is evident that the Emperor accepted the Model, after the security and settlement of the Christi∣an Faith against all sorts of Hereticks, as the only remedy expedient at that time against contention and curiosity, without any design against the Council of Calcedon or any other determinations of the Church, but on the contrary ra∣ther with a religious and intire submis∣sion to their Decrees; and for this reason it is approved and subscribed, though not without reluctancy, by all the four Ea∣stern Patriarchs, and most eminent Pre∣lates of the Eastern Church.

Whereas on the other side the Western and African Bishops concluded it a di∣rect reflection upon the Wisdom and Au∣thority of the Council it self, to condemn those Writings of Heresie, that it had upon a fair Trial acquitted. And thus by this unhappy Legerdemain of that false and jugling Man Theodorus, under which the Emperor suspected no ill De∣sign, instead of finishing the settlement

of the Church, after so fair a progress that he had made in it (for it was he that govern'd and manag'd all things in his Unkle Justin's reign) he brings all things back into the same Tumult and Confusion, into which they were brought by the Henoticon. It was but a slite and a very remote breach, as one would think, upon the Churches Authority, yet it broke down all Bounds of Discipline and Government, that it seems is a thing so tender, that it can endure no tampering, and unless it be made sacred and inviola∣ble, it loses all its force: And so this great Emperor after this slite Wound, in a matter in which it was so little con∣cern'd, could scarce make it up again by the Authority of a General Council. Though I must confess that the occasion of raising the Quarrel so high was the turbulent spirit of Pope Vigilius, who as he was guilty of all other Wickedness, exceeded in Pride, as appears not only from the Historian, but the Sentence of Excommunication against him by Pope Silverius in the time of that Popes ban∣ishment.* 1.2 Quippe qui nequissimi spiritûs audaciâ, ambitionis phrenesin concipiens, in illius Apostolici Medici, cui animas ligan∣di solvendique collata et concessa potestas est, versaris contumeliam, novumque scelus

erroris in Apostolicâ sede rursus niteris inducere; et in morem Simonis, cujus dis∣cipulum te ostendis operibus, datâ pecuniâ, meque repulso, qui favente Domino, tribus jam jugiter emensis temporibus ei praesi∣deo, tempora mea niteris invadere. That by the instigation of the Devil being mad with pride he rebell'd against St. Peter and his Authority, committing a new and unheard of sin in the Apostolick See it self, and following the example of Si∣mon Magus, whose Disciple he shewed him∣self to be by his works, by purchasing my Bishoprick with Mony, and expel∣ling me out of it for these three years. And if we may believe the angry Afri∣cans; he bought the Apostolick See of the Empress Theodora, whose Creature he was, and procur'd the banishment of Pope Silverius by forging treasonable Let∣ters to the Goths in his name, and when Justinian suspecting some Abuse, recall'd him home, this wicked Man caused him to be murther'd by two of his own Ser∣vants. So that it is a just Character that is given of him by Baronius himself. Ce∣dit huic Novati Impietas, Pertinacia Vr∣sicini, Laurentii Praesumptio, ac denique aliorum omnium schismaticorum Antisti∣tum superbia, artogantia, atque facinerosa temeritas, &c▪ He out-stript Novatus in

wickedness, Vrsicinus in stubbornness, Laurentius in impudence, and all Schis∣maticks that ever were, in pride, inso∣lence and presumption. But however by a train of wickedness mounting him∣self into the Apostolick See, according to his Simoniacal Articles with Theodora, he enters into league with the Henotical Bi∣shops, sends an Encyclical Letter to them, extant in Liberatus, to assure them that he was really of their Communion, but desires that it may be kept secret, and that they would seem to suspect him more than ever, that he might have the better opportunity of doing effectual ser∣vice to the Cause. This is the substance of the Letter, but Baronius and the Ro∣man Writers suspect it to have been forg∣ed, because in all his following scuffles a∣bout the tria capitula, he was never up∣braided with it. But what wonder is that, when the thing was to be kept se∣cret, though it might, and it seems did come to the knowledg of some, as ap∣pears by Liberatus, an Actor in the bu∣siness, who procured and publisht a Co∣py of it. But he having secured posses∣sion of his Throne by the death of Silve∣rius, he now writes a flattering Epistle to the Emperor for the Council of Calce∣don, damns all the Hereticks, disclaims

all correspondence with the Acephali, as∣sures him that he will live and dye by the Council, and requests him not to be∣lieve any Information whatsoever against him to the contrary. But after all he is so crafty, as to send his main Message a∣bout the best means for settlement of the Church by word of Mouth, to baulk, as much as it was possible, the full discove∣ry of himself. All which atheistical hy∣pocrisie Baronius takes great pains to impute to his miraculous Conversion on∣ly by vertue of St. Peter's Chair.

But the Emperor having publisht his Rescript against the tria capitula, and finding storms gathering upon it, sends to Vigilius who••e private sense he un∣derstood, to repair to Constantinople with his advice, and thither he comes, being ready to sieze any opportunity to shew his Power, but instead of joining in free Council with the Bishops, in effect takes the whole judgment to himself. Of his fraudulent behavior in that whole tran∣saction Facundus,* 1.3 who was an Eye-wit∣ness, and indeed the chief Transactor in it, has given us a particular account, viz. That when he dissembled ignorance of the whole Controversie, and Facundus of∣ferd his service to give him full informa∣tion, he having afore-hand obliged him∣self

by promise to give sentence against the Capitula, and designing to excuse himself with pretence of Ignorance, shamelesly refuses the proffer, cuts off all farther proceedings, and desires the Bi∣shops that sat with him to give in their Answers singly in writing. For they be∣ing newly come to Constantinople to con∣sult with his Holiness, and being not pre-engaged by any subscription, were by this Artifice over-reacht to give in their Answer against the Capitula and the Council. And to prevent their drawing back, they are obliged to do it, not by Vote, but by Writing. And when he had received their several Answers, away he carries them to Court, and there de∣livers them into the hands of the Ace∣phali to be laid up among the former sub∣scriptions that had been made against the Council. And that he might not be thought a Traitor by his own Party (for he hitherto pretended to side with the Orthodox) he pretends that he would not keep them himself, lest here∣after there should be found in the Regi∣stry of the Church of Rome so many Sub∣scriptions against the Council. As if (says Facundus) he could not as well have torn or burnt them, or return'd them back to the Authors, from whom

he ought never to have received, much less to have extorted them, if he had been at all concern'd that nothing should be done in prejudice of the Council. And thus (says he) by this his customa∣ry dissimulation, counterfeiting a zeal in behalf of the Council, he effectually pro∣motes the designs of its Enemies. And what could do it more than that 70 Bishops sitting in Council with the great Bishop of Rome, should beside those many more that had before subscribed, prejudg the Controversie?* 1.4 All this prevarication Ba∣ronius out of his infinite zeal to the Apo∣stolick See endeavors to excuse, because before Vigilius heard the Cause he sup∣posed that the condemnation of the tria capitula reflected upon the Authority of the Council, but now upon hearing the reasons on both sides, and being satisfied that it was unconcern'd in the Contro∣versie, he grew more moderate and indif∣ferent, and for Peace sake inclined to comply with the Emperor and the East∣ern Bishops. But what ever Apology this may be for his change of mind, it is no excuse for his jugling and under∣hand dealing; and withal as for his change of mind, by the Cardinals good leave, to condemn writings of Heresie by an Imperial Rescript, that had been

clear'd of the Charge by the Sentence of a General Council, is plainly to subvert, not the Authority of that Council alone, but of the whole Catholick Church. This was the blot of Justinian's Reign, that no Candor can cover, nor Excuse wipe off. And his Holiness by his time-ser∣ving complyance with it, did but give a cast of his old dishonesty, when by the Cardinal's own account he exceeded all Mankind in Wickedness, and proves that he was still acted by his six-fold Female Devil Theodora, (as he calls her) who was the great stickler in the design in fa∣vor of the Eutychians; because whether the condemnation of the tria capitula were in it self any direct reflection upon the Council or not, those that promoted it, were resolved to make that use of it. And that was the true ground of the zeal of the African Bishops against it, as Fa∣cundus himself declared to Vigilius at the Conference. Ego enim fateor simpliciter beatitudini vestrae, non pro Theo••ori Mop••suesteni damnatione me à contradicentiae communione subtraxisse:* 1.5 hoc enim vel si ap∣probandum non sit, ferendum tamen existi∣mo, nec tantam esse causam judico, pro quâ deberemus à communione multiplici segre∣gari: sed quòd ex Personâ Theodori Epi∣stolam Ibae Nestorianianam probare conati

sunt, & quòd ex Epistolâ Ibae Synodum Calcedonensem, à quâ suscepta est, improba∣re: nam quae alia causa fuisse dicenda est, ut post centum & viginti suae defunctionis annos damnaretur cum dogmatibus suis E∣piscopus in Ecclesiae pace defunctus.

I con∣fess freely to your Holiness, that I am not concern'd about the Condemnation of Theodorus, for though it be not to be approved, yet it may be born, neither do I think the thing of that weight, that we need to divide Communion about it, but because from a Sentence against the Person of Theodorus, they endeavour to charge the Epistle of Ibas with Nestoria∣nism, in which his Writings are com∣mended, and then from the Epistle of Ibas to strike at the Council it self, by whom it was allowed; for what other Cause can be imagined of all this stir, that a Bishop who died in the Peace of the Church••, shoud be brought to Judgment above one Hundred and Twenty Years after his death?

And that was the reason that the Africans were so resty, which Vigilius finding, and withal his own Clergy offended, he again shrinks back, and in a Consult with Theodorus and Mennas suspends all disputes and determinations to the Summary of a General Council, which they were cer∣tain

by their united Interest to obtain of the Emperor. But this continual shuf∣ling and prevarication provokes the ad∣verse Party beyond all bounds and pati∣ence, and they now unanimously discard him for a man of no faith and honesty, that chopt all points of the Compass, as the Weather-cock stood for his own con∣venience, now standing point blank for the Council, then veering to the quite con∣trary point for the Acephali, and now a∣gain standing neuter, and wavering be∣tween both. But all this trimming and counter-trimming, and shifting backward and forward,* 1.6 St. Gregory and Baronius plead was then necessary for the Peace of the Church, at a time when the heats were run so high to both extremes. I will grant that both Parties might be too blame. But what can we think of him that is first furious on one side, and then turns Traitor to his own Party, and then when he sees that will not pass, quits both? If this be Ecclesiastical Prudence, I would fain know what is Ecclesiastical Honesty. And therefore it is no wonder that his own Clergy, and particularly his own Favourites, that he chose for his Companions to Constantinople, Rusticus and Sebastianus, were so offended at the gross dishonesty of his Proceedings, as to

renounce him and his Communion, and to certifie his Apostasy and Prevarication to all the Bishops of the Western Church, as Vigilius himself has left it upon Record in his Sentence of Excommunication a∣gainst them for their Rebellion against their Bishops. But it is much less to be admired that it should provoke the Cho∣ler of the honest Africans, that were not used to the Italian Craft: and that is a clear justification of the tartness of Libe∣ratus, Victor Tunonensis, but especially Facundus Hermianensis, the wisest man of the Party, in their Writings both a∣gainst him and the Cause, when the whole Business was transacted, with nothing but open fraud and preva••ica∣tion. And that is the reason often as∣signed by Facundus to justifie the br••ach of Communion with Vigilius and his Party, Quod Praevaricatorum communio vi∣tanda sit.

But now it is observable, that at this time the Empress Theod••ra dies, that had managed all the motions of this Pup∣pet-Pope ever since his coming to Court. I am not ignorant that Gregory the Great says, that they were fallen out, and that she died under his Sentence of Excom∣munication;* 1.7 but he writes so lavishly in this Cause, and so without all manner of

proof, and so different from all other Records, that his Testimony ought scarce to be taken upon Oath; and to speak a blunt but an honest truth, no man that has read his Legend-Dialogues, can with the utmost stretch of Candour or Cha∣rity salve the Honour or Reputation of his Integrity. But now the Empress be∣ing gone, and Vigilius finding himself deserted by his own Clergy, and the Bi∣shops dissatisfied in all parts, revives his old Expedient of a General Council. But Theodorus being now throughly acquaint∣ed with the Genius of the Man, and so suspecting some new shuffle, perswades the Emperor to stand by his own Rescript against the tria Capitula: And here the Contest runs so high between these two honest Gentlemen, that at last it came to an open breach. And Vigilius finding his Adversary too strong for him at Court-Interest▪ betakes himself to Church-weapons, and in a rage stabs him with the Sentence of Excommunication, and that for this real reason, among some o∣ther formal pretences, Nam usque ad hoc animum Christianissimum Principis falsis suggestionibus perduxisti, ut Clementia ejus, quae in suis hostibus pia semper apparuit, contra nos graviter moveretur. And be∣cause Mennas Bishop of Constantinople

joyn'd with Theodorus in his Crime, he is joyn'd with him in his Sentence, toge∣ther with all the Metropolitans and Mi∣cropolitans of his Diocess. And that Quibble is intended for a smart Gird to all those Metropolitans, that were so poor-spirited, as to submit themselves to the private Bishop of Constantinople. But find∣ing himself over-topt at Court, he takes Oars for Calcedon, and there pretends that he was forced to secure his life by taking Sanctuary in the Church of St. Euphemi••, as he had done before in the Church of St. Peter at Constantinople. But here Ba∣ronius works another Miracle, (and all his Gospel concerning this d••baucht Pope is meer Legend of his own Contrivance) in that the Emperor should not send his Guards to seize his Holiness, but some of his Privy-Council to invite him back, and give Oath for his Security. But though I must confess it was no Miracle, yet considering the peevishness of the man▪ it was a kind of wonder, and a very high proof that the Emperor was a very civil Gentlemen, that could command his passion so as to d••gest the most pro∣voking folly, and out of meer respect to his place and office, treat him with that civi∣lity that by that time Custom had made due to so great a Bishop. And that is all

the wonder that I can discern in this Af∣fair, that the Emperor had manners, though the Pope had none. But behold a wonder indeed, his Holinesses Return to the Imperial Civility, upon the ap∣proach of the Lords only to court him home, he clings about the Altar, as if they had come to cut his Throat, there declares that he will trust neither their own nor their Master's Oath, and that he will never condescend to enter into any Treaty, till his Majesty has revok't his Rescript, and all other Acts about the tria Capitula, and sends an Encycli∣cal Epistle into all Parts of Christendom, to inform them what violence had been offer'd to his Person by the Imperial Power, and by it raises such Tumults and Commotions every where, that the Emperor is forced to submit, suppress his Edict, and leave the whole business to the determination of a General Council. And so Theodorus and Mennas finding themselves deserted by the Emperor, they are forced to tack about, and with all humility tender their Submissions and Protestations to his Holiness, to sue out his pardon, and upon it this goodly Trium-virate are once more pieced toge∣ther. And at this the good Cardinal cryes out, the Finger of the Lord in defence of

the Apostolick Rock. It is true indeed that the divine Providence co-operates with us in all our Actions in order to its own ends, but the whole mystery of this great business is no more than this, that some Knaves that had crept into the Church by Court-favor, fall out among them∣selves for Court-factions, till at last one side finding it self to be forsaken, sues to be reconciled to the prevailing Party, and that is all the Miracle that the Car∣dinal has magnified at so high a rate, as to apply to it all the Prophesies of the Old Testament concerning our Savior's being a Rock and a Corner-stone.

But here Mennas dyes, and one Euty∣chius a Monk, that had insinuated him∣self into the Court by great shews of Mortification, succeeds. He was a Man, that of all things defyed all ambitious thoughts and designs of Preferment, and yet was perpetually dreaming that he should one day be the great Bishop of Constantinople, and by vertue of his own real dreams, and one pretended by the Emperor, who knew him to be zealous in his Cause, and withal very managea∣ble, he is advanced to that high dignity. And so it is that none gallop so fast to Preferment in the Church, as those that creep to it. And after his Instalment the

first thing he does is to submit himself to Vigilius, and so does Apollinaris of Alex∣andria upon the death of Zoilus, whose Bishoprick he had usurpt, and thus are Hypocrites and ill-Men always on the right side. But Vigilius finding himself Master of the field, and having forced all his Enemies, even the Emperor him∣self to submit, is resolved to shew his Au∣tho••ity. And in the first place he con∣tends with the Emperor about the place of the Council; one will have it in the East, and the other in the West, but at last they agree upon Constantinople, up∣on condition that an equal number of Eastern and Western Bishops be sum∣mon'd. But before the Council meets the Emperor desires the Pope to give his own Opinion, and that was an hard task to put him upon declaring himself, and therefore he desires to be excused, but the Emperor presses so importunately up∣on him, as to provoke his Choler, and to be revenged he turns cross-grain'd, and so affronts his tria capitula, and when the Council meets, is sick and sullen, refuses to join with them, and no Courtship ei∣ther of the Council or the Emperor him∣self can draw him to any compliance, but on the contrary he commands the Council not to presume to determine any

thing, till he had declared his own Judg∣ment. And that he does at large in an Instrument sent to the Emperor, that he calls his Constitutum, in which though he condemns and confutes the Writings themselves, yet he will allow no sen∣tence against the Persons, because they dyed in the Communion of the Catho∣lick Church, and had been absolved by the Council of Calcedon, and at last con∣cludes with this peremptory threatning. His igitur à nobis cum omni undique cau∣telà atque diligentiâ propter servandam inviolabilem reverentiam praedictarum Sy∣nodorum et earundem venerabilia consti∣tuta dispositis, statuimus et decernimus, nulli ad ordines et dignitates ecclesiasticas pertinenti licere quicquam contrarium his quae praesenti asseruimus vel statuimus constituto de saepe dictis tribus capitulis aut conscribere, vel proferr, aut compo∣nere, vel docere, aut aliquam post praesen∣tem definitionem movere ulteriùs quaestio∣nem, &c. But the Council regard nei∣ther him nor his threatnings, and so condemn the tria Capitula, and to expose him for an egregious Prevaricator, pub∣lish to the World his own several Decla∣rations against them. Upon which Ba∣ronius has a very pleasant observation, that this they were forced to, because

they knew their Decree would be of no force without the Authority of the Pope. What Inferences will not Zeal and Par∣tiality make, when they produced his own testimony against himself, to con∣vict him of manifest prevarication, to conclude that this was done out of duti∣ful respect to his Authority, by which, if they had regarded it, they stood all at this very time deposed from their Holy Orders. But things being carried so dis∣orderly on all sides, the Council came to nothing, and the Emperor after he had once made a breach upon the Authority of the Church, could never heal it again, for the Hereticks instead of being recon∣ciled, made advantage of it against the Authority of the Church it self (as Le∣ontius a Writer of that Age informs us) who argued thus upon it,* 1.8 aut boni scilicet erant aut mali, si boni, cur••anathematiza∣tis? Si mali, cur à Synodo recepti sunt? And as for the Catholicks, some were for an expedient of Peace against the Autho∣rity of the Council, and others for the Authority of the Council against trim∣ming for Peace. But the Emperor ha∣ving proceeded so far in the business, is now resolved to carry it through his own way, and all that will not comply, are deposed and banisht, and this lights chiefly

upon the Illyrican and African Bishops, but they were soon reduced by the Em∣peror's severity, whereas the Bishops in the Western Empire, that was then un∣der the Franks, set up a form'd Schism, especially in the Parts about Venice and Istria, that lasted for many years, and cost both the Church and the Em∣pire a long train of trouble and vexa∣tion.

But as for Pope Vigilius when he saw there was no way of escape but by com∣pliance, though he loved his Will too much, yet he loved his Bishoprick much more, therefore after all his stubbornness he comes in, and fairly subscribes, and approves the Decree of the Council. But here the Roman Writers are again at a great loss to salve his Reputation, but I think it would be more for their own to let him alone. For before he was in law∣ful possession of St. Peter's Chair they own him to have been a Villain, and withal confess that he got into it by Simo∣ny, Sacriledg and Murther. But that be∣ing done, out of duty and gratitude to his Patroness Theodora, he beats down the Council of Calcedon; but seeing the Emperor resolute in his Design, he turns a fury on that side, and publishes his Ju∣dicatum to damn the tria Capitula, and

then in a little time suspends his own Sentence till the meeting of the Council; when the Council meets he contradicts them in his Constitutum: But because he saw the Emperor in good earnest against him, and the African Bishops beginning to scowr out of their Bishopricks, he fairly comes in and renounces the Constitutum, yet after all these turns of prevarication since the time of his sitting in St. Peter's Chair, we must have him to be a very honest Man, notwithstanding that he all the while stands guilty of the same Im∣pieties that he did before. In my Opi∣nion they would much better consult the honor of St. Peter's Chair by confessing him so ill a Man, that even his sitting in that could not mend him, or rather that he never had legal Possession of it, but was all his life-time a meer Usurper, for by the Canons a Man that comes into a Bishoprick by Simony, renders himself uncapable of it forever. So that if they would leave him under his own disgrace, it would be no dishonor to St. Peter's Chair, but when they are at such mighty pains to prove that it was not defil••d by his sitting in it, it leaves wise Men un∣der a suspition that some indecent un∣cleanness was left behind.

But however the discovery of his last Conversion which was first brought to light by Petrus de Marca, and was dated within six Months after the rising of the Coun∣cil, clears that great and enormous diffi∣culty, that has so long puzled us to make out, how this Council should be so re∣ceived in the Church among the Gene∣ral Councils without the Popes Autho∣rity. But whether the Recantation were spurious or genuine (and that is still in the dark) it will not salve the business, for if it were genuine, it is only a confes∣sion of his old Wickedness, and that he was managed in it by the Devil after he sat in St. Peter's Chair, but what the re∣al Devil was, that tempted him, is too evident from his shifting sides, as his In∣terest lay. Though the greatest demon∣stration of it is his Plea, that he had hi∣therto erred for want of information and right understanding of the Controversie: whereas it is too notorious from the whole progress of it, that no Man could be better acquainted with it than him∣self, and whoever reads his Judicatum upon it at the conference at his first com∣ing to Constantinople, and his Constitutum sent to the Council seven years after, will never of all Excuses allow that of ig∣norance. If it be spurious, then if the

Apology were good for any thing, 'tis lost. And I must confess it seems some∣what incredible to me, that so publick an Instrument concerning so great an Affair should be altogether unknown to his immediate Successors, that were so deeply ingaged in the Controversie a∣gainst the Schismaticks, especially Pela∣gius the second and Gregory the Great, who never produced its Authority a∣gainst them, but most of all Gregory, who transmitted the Acts of the Council to Queen Theodelinda. But though the writing be forged, it is plain enough that he actually complied as Eustathius a Co∣temporary Writer affirms in the life of Eutychius, and Liberatus broadly sug∣gests, when he says that Vigilius suffer'd much in the Cause, though he were not crown'd, which was then the proper Phrase for Apostasie. But that he was received into the Emperor's Favor ap∣pears from the Imperial Grant of certain Priviledges to the Citizens of Rome, that was sent by Vigilius to endear him to the City, though in his return home he dyed of the Stone in Sicily, and is suc∣ceeded by Pelagius the first, who though he had been banisht by Justinian whilst he was Ap••crisiary at Constantinople to Vigilius, upon account of his zeal in de∣fence

of the tria Capitula, yet before he is admitted to the Papacy he both owns the Authority of the Council of Calce∣don, and condemns the Capitula, and af∣ter incites Narses then Governor of Italy, to reduce the Schismaticks of Venice and Istria by the Secular Power, and the same was done by all his Successors till the Schism dyed. So that in short it was not the Pope that determin'd the Coun∣cil, but the Council that determin'd the Pope: and if it was confirm'd by Vigilius, as that does not make the Council good, so it is only another proof of the shuffling dishonesty of the Man. If it were not confirm'd by him, but by his Successors, and that was the only Plea in its behalf before De Marca's discovery,* 1.9 then it is not the Pope that makes or unmakes a General Council, for if so, then this was none because rejected by the present Pope Vigilius, and yet it was one by the ap∣probation of his Successors. Though when all is done, the Notion of a Gene∣ral Council is but a Notion, for there was never any such thing in reality, and all those that bear that name were more properly Councils of the Eastern Em∣pire, there being very few Western Bi∣shops present at them. And they were only call'd General Councils in oppositi∣on

to Provincial, and ought rather to have been stil'd Imperial, as summon'd by the Emperor himself, whereas other lesser Councils were summon'd by the Bishops themselves. And that places this Council in the same rank with the other four, because it was summon'd out of all parts of the Empire, and not confin'd to Provinces and Diocesses, as the Metropo∣litical or Patriarchal Councils were. But that the Summons of the Bishop of Rome was necessary to the calling of a General Council, and his confirmation of their Decrees necessary to their Validity is one great branch of the Papal Usurpation, as I hope in its due place to prove at large against Petrus de Marca.

But to proceed in the business of this present Council, all Parties concern'd in it labor to clear themselves of all blame, and lay all the burthen of these Disorders upon other Mens shoulders, but though it may seem a severe, yet it is an impartial Judgment, that they were all too faulty. As for the Emperor's own part, it is evident that the publication of his Imperial Edict was an illegal act, be∣cause against the Authority of a Council owned by himself, though had he under∣stood it so, he would never have done it, but he was perswaded that it was no re∣flection

upon the Council it self, because it was no contradiction to any of their own direct Decrees, but only concern'd the Opinions of some private Persons, that the Council thought not fit to con∣demn at that time, though seeing what use the Eutychians made of it, he suppo∣sed it now useful to the settlement of the Church without any Affront to the Council, it being only to change Coun∣sels with change of Affairs. This was all the Emperor's meaning, and it could have done no great mischief, had it not been abused by the craft of Theodorus and his Acephali, who perswaded him that it could be no abatement to the Au∣thority of the Council, and yet when it was done, used it as an Argument to sub∣vert it.

And then as for those that fought so furiously as the Africans did for the ho∣nor of the Council against the tria Capi∣tula, though the honor of the Council was remotely concern••d in it, yet because it was not so apprehended or intended by the Emperor, they might and ought in duty to have complyed with his Roy∣al Pleasure, only adding a Sa vo to the honor of the Council, that had been ea∣sily granted, and that would have disap∣pointed the craft of the E••tychians, and

caught them in a snare of their own set∣ting, and they must either have own'd the Council, or put off their Vizard. So that which side soever was in the right, they were all in the wrong, when they made a Schism in the Church about it, for the thing was not Tanti in it self as to warrant the breach of Catholick Com∣munion. Though at last the bottom of all these unhappy Quarrels was founded in St. Cyril's over-doing Anathema's a∣gainst Nestorianism, that yet he en∣deavour'd to impose upon the Catholick Church, as so many Articles of Faith: Which because Theodoret and Ibas sup∣posed to be too hard an Imposition, the Eutychians took advantage of, to repre∣sent them as Favourers of the Nestorian Heresie, though it is plain from the tenour of all their Writings, that they were as little guilty of that as Cyril himself, but were cautious of spoiling the Cause by too much niceness of Speculation, and thought it sufficient to condemn the He∣resie it self, without imposing his pri∣vate Anathema's as necessary Conditions of Peace and Articles of Christian Faith upon the Catholick Church. And this was, if we pursue it to its head, the true Case of the tria Capitula, and St. Cyril was so well convinced of it at last, that

he let fall his Anathema's,* 1.10 and allowed the Epistle of Ibas that condemn'd them of rashness. Natalis Alexander has writ∣ten a long dissertation to prove that the tria capitula were justly condemn'd, but I find very light weight in the Argu∣ments. For as for Theodorus and the se∣veral Fragments alledged out of him by Marius Mercator and the Council it self, I can discern no designed Nestorianism in them, and at worst they seem no worse than unwary Expressions before the start∣ing of the Controversie in his zeal against the Heresie of Apollinaris, and so he is excused by St. Cyril himself in his Epi∣stle to John of Antioch. And as for the sixty Capitula collected by Vigilius out of his Writings and charged with blasphemy in his Constitutum, it is plain that he draws blood of his Premises to wring out his Con∣clusion. And in real truth Church-men were by this time (as Baronius himself complains in this very case) grown too nice and speculative in Matters of Faith, and were not content with the simplici∣ty of the old Tradition, but were every day starting new Points of subtilty, in so much that it was a very difficult thing for a Man to express himself so warily, as to avoid the exceptions of one or other Party. And this Facundus Her∣mianensis

insists upon, beside his vindica∣tion of particular Passages from their per∣verse Glosses through his whole third Book, which this late learned Author ei∣ther ought to have answer'd, or to have let the Argument alone,* 1.11 and withal shews that there are none of the Ancients, who lived before the birth of the Heresie, out of whom he is not able to alledg as offen∣sive Passages, as any that they have cull'd out of the Writings of Theodorus. And therefore it is not fairly done of our Historian to conclude against the tria Capitula so severely as he has done, with∣out examining the Arguments of Facun∣dus in their defence, when he has so long since prevented all his Objections. But more particularly when he has written so many learned and accurate Books in defence of Theodorus and his Writings, and the several Passages objected a∣gainst him by his Adversaries, I must confess it looks somewhat odd that this Writer should over-look all these large Discourses,* 1.12 and only cast his Eye upon one stragling Passage, that was casually cast in upon another Man's Cause, as he has done out of the 7th Book and 6th Chapter, for that is all that he cites out of Facundus in the Cause of Theodorus. But it was wisely done to take so little notice of that acute Writer, that has for

ever bafled the Cause of the tria Capitula, and as he was never answer'd then, so I am sure he never can be now, I mean as to the main design of his Discourse abstracted from his African heat, that for a time run him beyond his Argu∣ment into a needless Schism.

As for that part o•• the Argument a∣gainst Theodorus that he was put out of the Dypticks of his own Church, I answer that it is certain that he was kept in all Theodoret's time, i. e. to the year 457. but when he was put out and by whom is uncertain,* 1.13 and it is very probably con∣jectur'd by the learned Jesuite Garnerius, that it was done by Petrus Fullo and the Eutychians in the Reigns of Basiliscus or Zeno, when all things were in confusion, and the Eutychians under the Conduct of Fullo committed whatever Disorders they pleased, and then it was that they might with ease suppress the old Dyp∣ticks, and in their room coin new ones, and so put out Theodorus, that they ac∣cused of Nestorianism, and put in Cyril, whom the Eutychians boasted to be Head and Father of their Party. The only proof against Theodoret is taken from his Writings and Actings against St. Cyril in opposing his 12 Anathema's: But this, as I have shewen above, is founded upon meer mistake, as if his Zeal in the case

had been ingaged in behalf of the Nestori∣an Heresie, whereas it was only levell'd against the Bigotry of Cyril in imposing his own nice Propositions upon the Ca∣tholick Church. And when Cyril re∣call'd them or rather let them fall, they were friends, and Theodoret was as rea∣dy to anathematise the Nestorian Here∣sie, as himself ever was in the greatest heat or huff of the Controversie. And the case of Ibas was the same, nothing but his zeal against the rigor of Cy∣ril's Anathema's, as is evident from the whole Tenor of the Epistle it self. And therefore in the Result of all, I cannot but think that this packt Coun∣cil (and so it was) would have done better to have let these Men lie quiet in their Graves, when they had been Ca∣nonically discharged upon fair Trial by the great Council of Calcedon, though they had been guilty of those mis-prisi∣ons of Heresie, for which their Ashes were now arraign'd and condemn'd. But yet when a needless Decree was made a∣gainst them, I cannot but think too that the dissenting Bishops would have been much better advised to let it pass, rather than to have raised a Schism in the Church about it. And so, as far as we can find by the Records of the Church,

the Illyricans and Africans did in a short time, though the Schismaticks in the Western Church kept up the separation with great zeal and fury into after-ages: And thus having given a true and impar∣tial account of this Transaction of Justi∣nian, that created him so many enemies both in his own time, and afterward as long as the unhappy Schism lasted, I now come to a particular Examination of the several Accusations against him by the supposed Procopius, but real Alemannus. And when I have vindicated this greatest of Princes from their unmannerly slan∣ders, it will be time to put a Conclusion to this work, and to end it with his life, because with it ends the Body of the Im∣perial Law.

Notes

• * 1.1

  Liberati Brev. c. 24. Evag. l. 4. c. 38.
• * 1.2

  Liberati brev. c. 22.
• * 1.3

  In libello ad••. M••ci∣anum.
• * 1.4

  Anno 547.
• * 1.5

  In libello ad. 〈◊〉〈◊〉.
• * 1.6

  Anno 547.
• * 1.7

  Lib. 2. Epist. 36.
• * 1.8

  De Sect. Act. 6.
• * 1.9

  Vide B••••∣ron. anno 553.
• * 1.10

  Facundus Herm. l. 6. c. 5. In Historiâ secuil 6 ti dissert. 4.
• * 1.11

  Lib. 12. c. 1.
• * 1.12

  Lib. 3, 4, 8, 9, 10, 11.
• * 1.13

  Dissert. de 5 tâ Sy••odo c. 6.