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 ...

§. V. In the Year 379 is the great Theodosius taken into a partnership of the Government, who by his Wisdom settled all the distractions of the Eastern-Em∣pire, and by his courage recovered the Western when it was lost. At first he is left to the Government of the East, as being at that time by the folly of Valens and the wickedness of the Eunuchs and Eudoxians, much the most troublesom, and therefore in the next year after his being settled in the Government, he

takes care for the settlement of Religi∣on, and for that end is himself baptised by Acholius Bishop of Thessalonica, that at that time belong'd to the Eastern Em∣pire, and as the first fruits of his sacra∣mental Vow, he immediately set out, and that probably at the good Bishop's motion, that famous, or as it is com∣monly stiled, Golden Rescript (m) 1.1 de fide Catholicâ to the divided People of Con∣stantinople, commanding the universal Reception of the old Orthodox Faith, ut secundum Apostolicam disciplinam, e∣vangelicamque doctrinam, Patris et Filii et Spirit••s sancti unam Deitatem sub pari∣li Majestate, & sub piâ Trinitate creda∣mus, that we believe one God-head of the Father, Son and Holy Ghost, all of equal Majesty in the holy Trinity, ac∣cording to the Doctrin of the Apostles and Evangelists. And as for all that re∣fused this Faith, of what Faction and Denomination soever, they were all ad∣judged Hereticks, and the Laws against them put in force. (n) 1.2 And soon after this the great Church of Constantinople, is by his command taken from the He∣reticks (who had in one shape or other kept possession of it full forty years) and deliver'd up to the Catholicks. And this was seconded by another Rescript

in the year following to the Proconsul of Asia, that had been all along infested with the most numerous swarms of He∣reticks, in which he strictly commands all Churches to be taken away from all Bishops and Priests, that refused to sub∣scribe the Nicene Faith, and for better security further Orders that no Man should be admitted to any Church, but such as were approved by a certain Committee of Orthodox Bishops, appoin∣ted by himself for that purpose. Here I must confess that I (†) 1.3 once thought this Law an invasion upon the Rights of the Church, by confounding the old bounds of Provinces, and destroying the Prero∣gatives of Metropolitans, because they were chosen without regard to either; but having now traced its history more accurately by comparing the Imperial Laws with the Records of the Church, (and indeed it is impossible to gain a full knowledg of either, without a compe∣tent knowledg of both) and so conside∣ring the time and occasion of enacting it, it plainly clears it self from any such ill suspicion. For first, if it were made before the Council of Constantinople, as some will have it, it was then but a tem∣porary Provision, till a better settlement could be made by the approaching

Council, and therefore if it had been an intrenchment upon the Church, it was not design'd to be perpetual, but was ta∣ken up as the best expedient, that the ne∣cessity of the Times would admit, and all necessity is its own dispensation. But if it were enacted after the Council, and if its Date be not mistaken, and so it was, for the Council sat in May, June, July, and this bears date August, then it is only a confirmation of the Decree of the Church, that had settled the Nicene Faith. But which soever it was, this in∣stitution of the Communicatory Bishops was no alteration either of the bounds or the Rules of Discipline, for the Ecclesia∣stical Government of Provinces under Metropolitans stood as before, but it was only a Rule to his own Officers, not to deliver up Churches to any that did not bring Certificates from some of these Bi∣shops, but when they brought them, they were to be admitted after the usual manner; if Presbyters, by the Bishop and his Synod of Presbyters; if Bishops, by the Metropolitan and his Synod of Bi∣shops. Neither can any thing be in∣ferr'd for equalling Diocesan Bishops or preferring them above Metropolitans, by Nectarius his being made the first Man in the Instrument, for it was no

matter of power but of trust, the Emperor chose them not with any regard to their Authority, but from his knowledg of their Integrity in the Orthodox Faith, and therefore being best acquainted with Nectarius the Bishop of his own City, and his old Favourite, he naturally named him in the first place, and the rest proba∣bly by the information of others. This is all that I can find intended by this Emperor's erecting this Committee of Communicatory Bishops, it was to guide himself and his Officers, not to deter∣mine the Church. And now are we come to the great Council of Constanti∣nople, whose main business it was to set∣tle the Nicene Faith, and anathematise the Arian Heresy, and all the Sects that had been spawn'd out of it; but because the Macedonians had as we have seen a∣bove, so often own'd the Nicene Faith, and particularly in the Council at Lamp∣sacus, the good Emperor in hopes to bring them over, (c) 1.4 summon'd them to the Council, 36 in number, but it seems they were at that time in a sullen fit, and would not be prevail'd upon to stand to their former subscriptions, and so depart the Council. But the Fathers proceed, and in the first place vote the Nicene Faith unalterable, condemn all the seve∣ral

dissenters from it by name, make some Canons useful for the present settlement of the Church, and give an account of their proceedings to his Imperial Maje∣sty in these words. That meeting at Constantinople in obedience to his Sum∣mons, they had preserved Peace among themselves, confirm'd the Nicene Faith, anathematised all Heresies, that had been raised against it, enacted divers Canons for the due settlement of the discipline of the Church, they now request his Majesty that he would be pleased to ratifie the Decrees of the Council, that as they were call'd together by his Imperial Letters, so he would be pleased to give an effectual con∣clusion to their Decrees. That was the true state of the Church under his wise reign, as it was under Constantines, to sum∣mon them to Council by his own Autho∣rity, and leave them to the liberty of their own determinations, and then if he pleased, to inforce them by his own Im∣perial Laws and Penalties. And that he did to purpose, for beside the former Law of Communicatory Bishops, that was most probably publisht at this time, he enacted (p) 1.5 another injoining the Nicene Faith, forbidding publick As∣semblies to all, that would not subscribe it, condemning the Photinians, Arians,

Eunomians by name, and commanding all Churches within the Empire to be de∣liver'd up to the Orthodox Bishops, or such as kept close to the Nicene Faith. The Rescript is a plain Epitome both of the Creed and Canons of the Council, and for the most part exprest in the ve∣ry same words. And because when the Churches were taken from the Hereticks they attempted to build new ones, (q) 1.6 he seconds it with another to forbid that, under pain of Confiscation. Upon this the Hereticks meet in private Conventi∣cles, or assemble Multitudes together in the Streets and Fields, which occasions (r) 1.7 two Laws in the year 383, to for∣bid all manner of Meetings in all Places whatsoever, to restrain wandring Bishops from preaching or ordaining successors in the Heresy, and the Execution of these Laws is injoin'd the Governors of Provin∣ces upon pain of Deposition from their places. But because the Hereticks were ferretted out of all other Places, and took sanctuary in the great City of Constanti∣nople, (s) 1.8 he publishes another Rescript the year following, requiring the Magi∣strates to make a diligent search to find out their lurking holes, and so we hear no more of them, till the year 388, when all these Laws against them, were

contracted into (t) 1.9 one Rescript, the Emperor being provoked to renew the execution of his old Laws, by their saw∣cy behaviour upon any cessation against them. But now leaving the Eastern parts to go to the assistance of Valentinian the younger against the Tyrant Maximus, who had driven him out of his Empire in the West, he chooses Tatianus a Man eminent for Courage, Wisdom and Con∣duct, to be his Praefectus Praetorio in his absence, and when he comes into Mace∣donia, where he meets the distressed young Emperor, and finding himself in∣gaged in a dangerous War on his behalf, for the better security of the Peace, sends him a new sort of Rescript, (u) 1.10 strictly commanding him, that he suffer no di∣sputes about Religion, and if any shall dare to do it, that he punish their pre∣sumption with just severity. A Law that has been found so useful and necessary to the publick Peace, that it has been from time to time renewed by wise Prin∣ces in all Ages. He himself was forced four years after, to impose it upon the E∣gyptians and Alexandrians under pain of deportation, and no wonder, when they have been remarked in all Ages and by all Authors, as the most contentious and quarrelsom People in the World, and

particularly at that time great Tumults were raised by the Anthropomorphite Monks. It was afterward renewed by the great and wise Emperor Marcian, in∣serted into the Laws of the Vice-Goths, the Capitulars of Charles the Great, and the Additions of his Son Lewis. And this they did not only for the security of the publick Peace, but for the honor and re∣verence of Religion. For it cannot but bring that into great contempt, to see it bandied up and down in popular Tumults and Seditions, and therefore in the Pri∣mitive modest Times, they indeavour'd to keep Matters of dispute and contro∣versy from the notice of the People, (w) 1.11 and distinguisht between the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 things fit to be preached, and the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 notions fit to be con∣ceal'd. And it was the familiar form of Expression in their Sermons, when they came to any controversial point, to break off suddainly with an 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, but this the learned know. Grego∣ry Nazianzen has an excellent Sermon upon the Subject, (x) 1.12 fit for our own conceited and capricious Times, in which the good Father is so popishly affected, as to recommend to his disputing Cite∣zens of Constantinople, ignorance above curiosity. But this wise Emperor having

settled things in as good a posture, as he could in the East, prevails at the same time with the young Valentinian, who by the instigation of his Mother Justina, had been a great Patron of the Hereticks, to publish the same severe Rescript a∣gainst them in the West, that himself at his first coming to the Empire had ena∣cted in the East, and to cancel the for∣mer Law, that he had two years before made in their behalf, viz. (y) 1.13

that we grant liberty of publick Assemblies to all those, that believe according to that Faith, that in the time of Constantius was agreed upon at Ariminum by all the Bishops of the Roman World, and let those Men know, that presume that themselves alone ought to have liber∣ty, that if they shall attempt any distur∣bance against this our Command, they shall stand guilty of High-Treason, and pay for it with their blood.

This is a very high Act in behalf of all the Here∣ticks, for by the Faith agreed upon at Ari∣minum is to be understood, the cheat that Valens and his Party put upon the Coun∣cil, that comprehended all the different Parties whatsoever. And yet that is the Faith that is here confirm'd to last fore∣ver, and whoever shall publickly oppose any that publickly promote it, shall for∣feit

his head. This came from the fu∣rious zeal of Justina, who prosecuted it with the same zeal and outrage, where∣with she had procured it, and it was so highly displeasing to Benevolus the Empe∣ror's Secretary, (a) 1.14 that he chose rather to lose his Office and the Offer of much greater Preferments, than so much as transcribe it. And this was the Rescript, that brought so much trouble to St. Am∣brose, when he refused to deliver up his Church to the Arians, and indeed it was particularly aimed at him. And the first Mover of all the Mischief was one Aux∣entius a Scythian, that had a great mind to that wealthy Bishoprick, but partly because the Name of Auxentius was hateful to the People of that City, and partly because he was infamous for ma∣ny Villanies in his own Country, he took upon him the name of Mercurin••s. But this whole business being a very re∣markable transaction, and of very great consequence to my Argument, I shall set it down with the greater Nicety: that we may not only see the outward Actions themselves, but the inward Springs and Motives of the Court-In∣trigues.

Notes

• (m) 1.1

  l. 2.
• (n) 1.2

  Soc. l. 5. c. 4.
• (†) 1.3

  Ac∣count of the Go∣vernment of the Church § 20.
• (c) 1.4

  Soc. l. 5. c. 8. Soz. l. 7. c. 7.
• (p) 1.5

  de Hae∣ret. l. 6.
• (q) 1.6

  de Hae∣ret. l. 8.
• (r) 1.7

  de Hae∣ret. l. 11.12
• (s) 1.8

  ibid. l. 13.
• (t) 1.9

  ibid. 14.
• (u) 1.10

  de his qui super Religione contendunt. l. 2.
• (w) 1.11

  V. Go∣thofredi No∣tas in le∣gem.
• (x) 1.12

  Orat. 26.
• (y) 1.13

  de fide Cathol. l. 4.
• (a) 1.14

  Ruffin. l. 2. c. 16.