A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin.

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Title
A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin.
Author
Du Pin, Louis Ellies, 1657-1719.
Publication
London :: Printed for Abel Swalle and Tim. Thilbe ...,
MDCXCIII [1693]
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Subject terms
Church history.
Fathers of the church -- Bio-bibliography.
Christian literature, Early -- Bio-bibliography.
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http://name.umdl.umich.edu/A69887.0001.001
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"A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A69887.0001.001. University of Michigan Library Digital Collections. Accessed June 18, 2024.

Pages

Page 108

OF THE * 1.1 COUNCILS HELD In the Sixth Age.

Of the COUNCILS at ROME under Pope Symmachus.

THE Pontificat of Pope Symmachus being very much embroil'd, he was forc'd to assemble many Councils.

Immediately after his Promotion he held one the first day of March in the Year 499. to make Canons, forbidding for the future such Canvassings as were us'd after the death of Pope Anastasius. This Council was compos'd of more then sixty Italian Bishops, and as many Priests, who had all their Titles. Five Deacons of Rome were there present, and sign'd the Regulation of the Council after the Bishops and Priests. It contains, first, That for hindring such frequent Canvassings for the future, as were us'd by those who had a mind to be promoted to the Bishoprick of Rome, which caus'd a great Scandal to the Church, and Commotions among the Peo∣ple, the Council Orders, That if any Priest, Deacon, or any other Person of the Clergy, shall dare, during the Life of the Pope, to make any Promise in writing for the Pontificat, or give any Notes; or make any Oath about it, or promise his Suffrage by any way whatsoever, or do so much as hold Meet••••••s, to consult about it and make Propositions, he shall be depriv'd of his Office, and of the Communion of the Church. 2. That if the Pope happen to die suddenly, without being able to look after the Election of a Successor, he shall be Consecrated who shall be chosen with a common Consent, or by the far greater number. 3. That those shall be rewarded who shall discover the In∣trigues and Cabals which are us'd for the Election of a Pope, contrary to the Order of this Coun∣cil; and that if he who shall discover them had a hand in them, he shall not be molested. These Canons were read by a Notary, and approv'd by the reiterated Acclamations of all the Fathers of the Council.

Anastasius, or the Author of the Pontifical which goes under the Name of Damasus, make menti∣on of a second Council of Rome under Symmachus, in which they pretend that this Pope was ac∣quitted by 115 Bishops, and that Peter of Altinum, who was nam'd Visitor, was Condemn'd, toge∣ther with Laurentius, who had been Symmachus's Competitor. But we have no Monument of this Synod, neither is it probable that there was such a one, since there is no mention made of it in the Synod, which we are now about to speak of, nor in the Apology of this Synod compos'd by Enno∣dius, wherein he would never have fail'd, for the Defence of Symmachus, to alledge the first Judg∣ment that was given in his favour.

The Synod which is now reckon'd the third, was call'd by the Authority of King Theodoric, in the Year 501, to judge of the Accusations charg'd upon Symmachus. The Bishops of Emilia, Liguria,

Page 109

and of the Country of Venice, went to Ravenna, and enquir'd of the King, for what cause he call'd them together: He answer'd them, That it had been reported to him, that Symmachus was ac∣cus'd of many horrible Crimes, and that he thought it necessary to examin the matter, and deter∣mine in a Council, whether he was guilty of them or no. The Bishops remonstrated that he who was accus'd should have call'd a Council himself, because they were perswaded that the Merit and Primacy of St. Peter, and the Decrees of the Holy Councils had appropriated to his See a superemi∣nent Power, and that it was never heard that the Bishop of Rome submitted to the Judgment of his Inferiors.

The King said, That the Pope himself had consented to the Calling of a Council, and caus'd the Letter to be shown them, wherein he signified that he desir'd it. This Conference is, as it were, the first Session of this Synod. When the Bishops were come to Rome, the Pope came the first time to the Assembly, and having testify'd his Obligation to the King for Calling this Synod, he demand∣ed in the first place, that the Visitor who had been appointed for his Church, contrary to Order, should withdraw, and that all things should be restor'd to him of which he had been depriv'd. The Sy∣nod found his Demand just, but durst not decide any thing without knowing the Will of the Prince: Whereupon a Remonstrance was sent to him, but he would not look upon it, and order'd that Symmachus should first justifie himself, before his Patrimony, and his Churches were restor'd to him.

The Synod being assembled a third time in the Chappel of the Palace, it was desir'd that the Libel might be receiv'd, which contain'd the Articles whereof Symmachus was accus'd; but here the Council found two Difficulties: The first was, That therein it was alledg'd, that the Crimes where∣of Symmachus was accus'd, had been prov'd before the King, which could not be, since he had order'd them to judge of them. The second was, That in this Libel it was desir'd, that Symmachus should be condemn'd to give up his Slaves, that so he might be convicted by their Depositions of of the Crimes wherewith he was charg'd. This Proposition appear'd contrary to the Canons of the Civil Laws, since Slaves were not permitted to accuse any Man in a Court of Judicature. These Difficulties retarded the progress of this Affair, but on the other hand the Pope press'd the Decision of it, and said, That he was set upon as he came, by a Multitude who had abus'd him, as appear'd by his Wounds, and that he should have been kill'd if the King's Officers had not reliev'd him. This Session pass'd in confusion, without being able to do any thing. 'Twas resolv'd to go again and wait upon the King, and inform him how the matter stood. The Deputies at the same time told him, That the Pope had declar'd, that hitherto he was willing to offer himself to the Judgment of the Synod, but at present it was not safe for him to come thither, after he had been in so great dan∣ger of his Life: That the King might do what he pleas'd in this Case, but the Synod could not force him to come thither according to the Canons of the Councils. The King made Answer, That it concern'd the Synod to consider what they had to do; for his part he would not interpose in Ecclesi∣astical Affairs, but only show all due respect to the Determinations of the Bishops; that he would leave the Bishops at their liberty to decide this Cause, or let it alone, provided they restor'd Peace to the City of Rome. The Bishops having receiv'd his Orders, thought that they had nothing more to do but exhort the Romans to Peace: And for this end they sent Deputies to the Senate which was a∣gainst Symmachus, and remonstrate to them the dangerous consequences of urging Pope Symmachus to Extremities, and exhorted them to re-unite themselves unto him. After which they declar'd in a fourth and last Session, That Pope Symmachus, the Bishop of the Holy Apostolical See, against whom many Articles of Accusation had been propos'd, should be acquitted and discharg'd from these Accu∣sations in regard of Men (for with respect to God the Judgment of them was left to him) and that he shall freely perform his Office in all the Churches of his Jurisdiction; and that in consequence of the Prince's Declaration, they exhorted all the Faithful to return to his Communion, and embrace Peace, re∣serving the Judgment of the Justice of this Cause to God. As to his Clergy, who had separated from him, and made a Schism, 'tis ordain'd, That upon their making satisfaction to him, he shall pardon them, and restore them to their Offices; but that those who for the future should dare to Celebrate in any place without communicating with him, should be Excommunicated and treated as Schismaticks.

This is what is contain'd in the Acts of this Council, after which follow the Monuments which concern the Council. The first is a Letter of Theodoric to the Council, written after the second Ses∣sion, dated the ninth of August: The second is another Letter to the same Bishops, written the 28th of the same Month: The third is the Relation of the Council after the third Session, when the Pope had declar'd that he would come no more to the Council: The fourth is the Answer of Theodoric, wherein he exhorts them to determine the Pope's Affair, but leaving them at liberty to do in it as they should think fit, provided they restor'd Peace to Rome. This Letter is dated the last of September. The last is a Memorial of Instructions given to him whom the King sent in his Name to the Council. The Dates of these Monuments serve to fix the Epocha's of the four Assemblies we have spoken of. The Council was call'd about the end of June 501. The Bishops having come by Ravenna, where they saw the King, and held their first Assembly, came to Rome in the Month of July, and held there their second Session. The third Meeting where the Pope was present the second time, was held the first of September. The last was held on the 21th of October, which is the day of the Date of the Acts, or according to another Manuscript on the 13th of the same Month. From whence you may

Page 110

presently pereive why this is call'd Synodus 〈◊〉〈◊〉 in the Council of Rome, which apprv'd the Dis∣course which 〈◊〉〈◊〉 wote in Defence of this Synod, since it was the fourth Assembly held about * 1.2 this Cause. It is also call'd P••••nris, perhaps because the Bishops carried in it what they had a mind 〈◊〉〈◊〉.

The Decision of this Synod was differently receiv'd: On one side the Enemies of Symmachus blam'd it, and wrote a Discourse on purpose to condemn it, where they call'd it The Synod of the absurd Ab∣solution▪ on the other side, some Bishops thinking that a particular Council of Italian Bishops, had no Power to give a Sentence of Absolution to the Pope, blam'd them for doing it, tho in very re∣spectful words. The Discourse of Symmachus's Enemies was refuted by Enoius, and the Complaint of his Complices, is contain'd in a Letter which Avitus Bishop of Vienna wrote upon this Subject in his own Name, and in the Name of all the other Bishops of his Country to the Senators of Rome.

The next year there was held another Council at Rome on the sixth of November, wherein the Pope presided. In it was examin'd a Decree which was made in the time of the Pope Simplicius. By Basil the Pre••••rian Preect, who represented also King O••••acer. This Decree contain'd three Ca∣nons: 1. That the Bishop of Rome should not be chosen without the knowledge and consent of the Soveraign. 2. That the Bishops of Rome should be forbidden under the the Penalty of an Anathe∣ma, to alienate any part of the Ecclesiastical Revenues, and that if they should make any such A∣lienation, it should be null and void. 3. That the precious Moveables and superfluous Ornaments of Churches should be sold, and the price of them distributed among the Poor.

The Council blames the first of these Canons by it self; as to the others, it rejects them as an At∣tempt made by a Lay-man against Ecclesiastical Authority, and against the Priviledges of the Holy See, whose Primacy was subverted by them: But in this Council some Canons were made which a∣mount to the same thing. In it the Pope is forbidden to alienate for ever, or for any certain time, the Possessions of his Church; he is only permitted to lease some Houses whose Repairs were a bur∣den to the Church; The same Prohibition is made to Priests and other Clergy-men, even with re∣spect to things that are moveable; an Anathema also is pronounc'd against those who shall consent to these Alienations▪ or accept them, and all Ecclesiastical Persons are permitted to oppose them.

In the Year 503 there was also a Synod held at Rome, wherein that Discourse is approv'd, which Ennodius wrote in Defence of the Assembly which absolv'd Pope Symmachus. In it is confirm'd what was done in this Council, and the Sheep are forbidden to Rebel against their Pastor. There also a Canon was made, That a Bishop being depriv'd of his Possessions before he is Condemn'd cannot be delated to a Council, until that be restor'd which was taken from him, and he be restor'd to the same Condition wherein he was before his Accusation. These Canons being propos'd by the Pope, were approv'd by the Acclamations of the Council, according to the custom of that time.

The last Council held under Pope Symmachus, was on the last day of September in the Year 504. It pronounced many Anathema's and Curses against those who invaded the Possessions of the Church.

Of the Council of Agatha.

THis Council was held in the Year 506, on the 10th or 11th of September, under Alaricus King of the Goths, who at that time were Masters of Gallia Aquitanica. Caesarius Bishop of Arles was at the beginning of this Council, together with the Archbishops of Bourdeaux, * 1.3 of the Pro∣vince of Auch, of Burges and Tholouse. The Bishop of Agatha, in whose City the Council was held, follow'd immediately with eighteen Bishops, seven Priests deputed from as many Bishops, and two Deacons also deputed from two other Bishops. These Prelates being assembled by the permission of Alaricus in the Church of St. Andrew of Agatha, after having pray'd for King Alaricus, made many Canons about Discipline.

The first renews the Prohibitions of the ancient Canons about the Ordinations of Bigamists, and of those who had married Widows. It permits those who are already ordain'd Priests or Deacons, tho they be Bigamists, or married to Widows, to retain the Name of their Order, but deprives them of the Exercise of their Function.

The second contains, That disobedient Clergy-men shall be punish'd by the Bishop, and that if any be found who through the pride of their Spirit despise the Communion, and neglect to assist at Church, and to do their Office there, they shall be reduc'd to the Communion of Strangers; provi∣ded nevertheless that when they shall do Penance, and be Reformed, they shall be matriculated a∣gain in the Church, and restor'd to their Dignity. This Canon is one of those which speaks of the Communion of Strangers, Communio peregrina. I think it was the station which was given to Strangers, who call'd themselves Clergy-men, and could not prove it by their literae formatae: An ho∣nourable

Page 111

place was allow'd them above the Laity, but under the Clergy of the Church who were of the same Rank. As for Example; If this Stranger call'd himself a Bishop, he was put below the Bishops who were knownto be such, and above the Priests: If he call'd himself a Priest, he was plac'd the last of the Priests, and immediately before the Deacons. According to this Notion it will be easie to conceive what it was to reduce one to the Communion of Strangers.

In the third Canon it is ordain'd, That if the Bishops excommunicate any Innocent Persons, or those whose Faults are very slight, and will not receive them, tho they importunately desire it, they shall be admonish'd by the neighbouring Bishops to do it; and if they will not yield to this Advice, the other Bishops may grant the Communion to such Persons, until such time as a Council do meet; lest these Excommunicated Persons happening to die, should encrease his sin who Excommunicated them. This is an Exception to the General Rule, which forbids Bishops to receive those who have been Excommunicated by their Brethren.

The fourth Canon Delares, That the Clergy or Secular Persons who shall take or retain such things, as are given by Testament, or otherwise, to Churches or Monasteries, shall be separated from the Church, and look'd upon as Murderers of the Poor, necatores pauperum.

The fifth reduces also to the Communion of Strangers, a Clergy-man who shall take any thing from the Church.

The sixth declares, That such things as are given to Bishops by Strangers, ought to be look'd upon as the Goods of the Church, because it is to be presum'd that those who make these Donations, do it for the good of their Soul, pro redemptione animae suae; and that 'tis just, that as the Bishop enjoys what is given to the Church, so what is given to the Bishop should belong to the Church: Never∣theless it excepts such things as are given in Trust, whether to the Bishop or to the Church.

The seventh forbids to alienate the Revenues of the Church, and if there be any necessity, that then this shall be prov'd in the presence of two or three neighbouring Bishops, and attested by their Sub∣scription. Nevertheless it allows the Bishop to give liberty to Slaves, to grant them some little pit∣tance, and to dispose of the Profits of such things as are of little consequence.

The eighth pronounces Excommunication against a Clergy-man who has recourse to a Secular Judge, to cover himself from the Prosecution of his Bishop, and against the Judge who protects him.

The ninth ordains, That the Laws of the Pope's Innocentius and Siricius about the Celibacy of Priests and Deacons shall be observ'd.

The tenth forbids the Clergy to cohabit with, or frequent the Company of strange Wo∣men.

The eleventh forbids them to keep Women that are slaves, or made free, to serve them.

The twelfth ordains Fasting all the days of Lent except Sundays.

The thirteenth enjoyns, That the Creed shall be taught in the Church to the Catechumens that are Competentes, in the Week before the Sunday of the Resurrection.

The fourteenth, That the Altars shall be consecrated, not only by the Unction of Chrysm, but also by the Sacerdotal Benediction.

The fifteenth enjoyns Penitents at such time as they desire Penance, to receive Imposition of Hands from the Bishop, and to put a Hair-cloth upon their Head. It adds, That if they do not cut off their Hair, and change their Habit, they shall be thrown out of the number of the Penitents; that if they do not Penance as they should, they shall not be received to the Communion; that Penance ought not easily to be granted to young People, because of the frailty of their Age, but the Viaticum, i. e. the Absolution must be granted to all in a case of Extremity.

The sixteenth forbids to ordain Deacons who are not yet five and twenty years old. If those to be Ordain'd are married, they must not be Ordain'd, unless Security be given that their Wives are resolv'd to live in Celibacy, and that they will no more dwell together under the same Roof.

The seventeenth forbids to Ordain one a Priest before the Age of thirty years.

The eighteenth declares, That Lay-men who do not Communicate at Christmas, Easter, and Whit-sunday, shall not be look'd upon as Catholicks.

The nineteenth forbids to give the Veil to Nuns before the Age of forty.

The twentieth declares, That the Clergy who suffer their Hair to grow, shall be shav'd even a∣gainst their will by the Order of the Arch-deacon, and enjoyns them to have their Shoes and Clothes suitable to their Condition.

The one and twentieth permits particular Persons to have Chappels in their Country-Houses re∣mote from Parishes, and there to read the Offices of the Festivals, except those of Easter, Christmas, Epiphany, Ascension, Whitsunday, the Nativity of St. John, and the other great Festivals, on which Clergy men are forbidden to read the Service in them, without a particular leave from the Bi∣shop.

The two and twentieth forbids Curats, and other Ecclesiastical Persons, to alienate the Possessions of the Church which they enjoy.

The three and twentieth prescribes to the Bishop to observe the Order of Age among the Clergy, except one of them deserves to be humbled, because he will not do what the Bishop commands him: yet it permits him, if he that is most ancient be not so fit for business, to choose him for Arch-deacon when he shall think most proper for it.

Page 112

The four and twentieth renews the ninth Canon of the Council of Vasio, about Infants that are expos'd to the wide world.

The five and twentieth Excommunicates married Persons who part one from another, without pro∣ving before the Bishops of the Province, that they had just reason to dissolve their Marriage.

The six and twentieth is against those who take or retain the Titles of Churches; and besides the Anathema, it condemns them to make Restitution for the Injury which the Church suffers upon the account of having these Titles.

By the seven and twentieth, 1. It is forbidden to found a Monastery without the consent of the Bishop. 2. 'Tis said, that the Bishop ought not to Ordain Clergy-men of vagabond Monks, but only of such as their Abbot shall give a good Testimonial. 3. That an Abbot ought not to receive the Monks of another Monastery, and if he does receive them, they shall be restor'd to the former Monastery. 4. That if it be necessary to admit a Monk into Holy Orders, the Bishop shall not Or∣dain him without the Consent of the Abbot.

The eight and twentieth, That Monasteries of Women shall be distant from those of Men, because of the Temptations of the Devil, and the Discourses of People.

The nine and twentieth declares, That the Church shall take those that are made free into her Pro∣tection.

The thirtieth Ordains, That the same order shall be observ'd in Divine Service every where, that after the Ancients, the Bishops or Priests shall say the Collects, that the Hymns shall be sung Evening and Morning, that at the end of Mattins and Vespers, some short Chapters shall be read out of the Psalms, and that the People being assembled for Prayer at Night, shall be dismiss'd with the Bishops Blessing.

The one and thirtieth declares, That the Bishops shall employ themselves in reconciling such Per∣sons as have been at variance for a long time, and if they will not be reconciled they shall be Ex∣communicated.

The two and thirtieth forbids Clergy-men to Accuse any Man before a Secular Judge: It allows him to answer if he be accus'd, and if it happen that he who accuses him be convicted of Injustice, he shall be separated from the Church.

The three and thirtieth declares, That when a Bishop, having neither Child nor Grand-child, leaves not his Goods to the Church at his Death, all the Possessions of the Church which he has alie∣nated, ought to be restor'd; and if he has Children that are Heirs, they ought to Indempnifie the Church from the Injury that he has done it.

The four and thirtieth ordains, That the Jews shall be Catechumens for eight Months before they receive Baptism, unless they fall sick.

The five and thirtieth ordains the Bishops of the Province to be present at the Ordination of Bi∣shops, or at a Synod, when they shall be requir'd by their Metropolitan, unless they be detain'd by sickness, or by an Order from their Prince.

The six and thirtieth, That Clergy-men who serve the Church shall receive the Recompence due to their Miseries.

The seven and thirtieth decrees the Penalty of Excommunication against Murderers and false Wit∣nesses.

The eight and thirtieth forbids Clergy-men to go out of their own Diocese, without Letters of Recommendation from their Bishop. The same Prohibition is extended also to Monks, and besides they are threatned with ill treatment, if they be not obedient to this Advice. They are also forbid∣den to separate from the Monastery, to dwell in particular Cells, unless they be of noted Vertue▪ which has been try'd by long labour, or be oblig'd because of their Infirmity, to abate something of the Austerity of their Rule with the leave of their Abbot; and even in this case their Cells shall be within the compass of the Monastery.

The nine and thirtieth admonishes Priests, Deacons, and Sub-deacons, to whom it is not lawful to marry, not to be present at Nuptial Feasts, where lewd Songs are sung, and such things done as are unworthy those eyes to behold, which are appointed to look upon the Holy Mysteries.

The fortieth forbids Christians to eat with Jews.

The one and fortieth enjoyns Ecclesiastical Persons to keep themselves from Drunkenness, and condemns a Clergy-man who shall be drunk, to remain thirty days without Communion, or to some Corporal Punishment.

The two and fortieth forbids any under pain of Excommunication to meddle with Divination and Prediction of things future, whether by the way which is call'd the Witchcraft of Saints, or after any other manner.

The three and fortieth forbids to Ordain those who have been under Penance, and deprives those of their Office who shall be Ordain'd.

The four and fortieth declares, That it is not lawful for a Priest to give the Blessing to the People or to a Penitent.

The five and fortieth, That a Bishop may alienate, without assembling his Brethren, some lit∣tle Pieces of Land, or of a Vineyard, which are of no great Rent, or are very far distant.

The six and fortieth, That he may also sell the fugitive Slaves who can hardly be kept.

The seven and fortieth orders Lay-men to continue in Church on Sunday in the time of Divine

Page 113

Service, and fordids them to go out before the Blessing, upon pain of being publickly rebuk'd by the Bishop.

These 47 * 1.4 Canons are certainly the Council of Agatha's, but the 25 following Canons are not found in the most ancient Manuscripts. They have been printed with the Councils of Spain, after the seventeenth Council of Toledo; yet they are joyn'd with the preceding in many Manuscripts. Hinmarus has cited them as the Council of Agatha's: yet there is no probability that they are, since there are many Regulations in them about the same things which are provided for in the preceding Canons, and the most part of them are taken from the Council of Epaone, which will dispense with us for making Extracts of them here.

The first Council of Orleans.

THis Council was assembled by the Order of Clouis in the Year 511. and held at Orleans on the 11th day of July. The Archbishops of Bourdeaux and Bourges, of Auch, Tours and Rohan as∣sisted there with 27 Bishops, and made 31 Canons in this Assembly.

The first maintains the Right of Sanctuary which the Canons and Roman Laws have granted to Churches, and Bishop's Houses, by declaring that 'tis not lawful to take away Criminals who are fled thither for refuge, and that the Clergy-men ought not to deliver them up, unless they have agreed with their Adversary, and assurance be given to them by Oath that no hurt shall be done unto them, but if he who has taken Sanctuary retire of his own accord, and be taken, then the Ecclesiasticks shall not trouble themselves to demand him back again.

The second gives an Exception to this Law with respect to Ravishers of Women who fly to these Places for Sanctuary with Women whom they have ravished. If they have taken them away by force and against their Will, immediately the Woman shall be set at Liberty, and the Ravisher shall be made a slave, or obliged to redeem himself; but if the Woman ravished was willing, and the Rape did no Injury but to the Woman's Father, she shall be restor'd to him, but the Ravisher shall not be reduc'd to Bondage.

The third is also about the same Regulation. There 'tis said, That if a Slave has fled for San∣ctuary into the Church, he ought to be restor'd to his Master, who is to make Oath to him, that he will do him no hurt for his going away, and that when a Slave will not go forth, the Master may take him again by force, giving this assurance upon Oath; but if he break his Oath, and do any hurt to his Slave, he shall be separated from the Communion of Christians.

The fourth forbids to ordain Secular Persons without the King's Order, or leave from a Judge.

The fifth declares, That the Revenues of Lands given to Churches by the Prince, shall be im∣ploy'd for Repairs of Churches for Entertainment of the Clergy, for the maintenance of the Poor, and for the Redemption of Captives: the Bishops are admonish'd to take care of these things, and threatned with Excommunication if they do not observe them.

The sixth declares, That a Lay-man ought not to be Excommunicated who shall petition against his Bishop, unless he accuse him of some Crime.

The seventh forbids Abbots, Priests, and other Clergy-men to wait upon the Prince without the Bishops leave, and to desire any Favours of him.

The eighth enjoyns, That if a Bishop Ordains a Slave Priest or Deacon, knowing that he is a Slave, he shall pay double the price of him to his Master; that if he did not know, then those that presented him, or gave Testimonials of him, shall pay this Sum.

The ninth Declares, That the Deacon or Priest who commits a Capital Crime, ought to be De∣pos'd and Excommunicated.

The tenth Orders, as to Heretical Clergy-men, who are sincere Converts, that the Bishop may place them in such a station as he shall think fit, by giving them the Blessing of Imposition of Hands, and that their Churches shall be Consecrated with the same Ceremonies as are used to those of Catho∣licks.

The eleventh forbids not only Ecclesiastical Communions, but also feasting between Catholicks, and those who having begun Penance, forsake it to lead a worldly Life.

The twelfth gives leave to a Deacon or Priest who is under Penance, to give Baptism in a case of ne∣cessity.

The thirteenth Ordains, That if the Wife of a Priest or Deacon marry, she shall be punish'd for her fault, and parted from him whom she has married; and if they will not part, they shall be Ex∣communicated.

The fourteenth renews the ancient Canons, which declare that one Moiety of the Offerings which the Faithful make at the Altar, belongs to the Bishop, and that the other Moiety shall be distributed among the Clergy, and that the Bishop shall have the Disposal of the Revenues of Lands.

Page 114

The fifteenth adds, That he shall also have the disposal of all that the Faithful offer to Parishes, in Lands, in Vineyards, in Slaves, or in other things, and that the third part of all that is offer'd at the * 1.5 Altar, shall be given to him.

The sixteenth orders the Bishop to clothe and maintain the poor, the weak, and all those who can∣not earn their Livelyhood.

The seventeenth gives the Bishop Jurisdiction over all the Churches which are built within his Ter∣ritory.

The eighteenth forbids a Man to marry his Brother's Widow.

The nineteenth subjects Abbots to the Jurisdiction of the Bishop; and orders them to come once a year to the place which he shall appoint them. He enjoyns the Abbot to fetch back the vagabond Monks who are gone out of his Monastery with all that have been able to get together.

The twentieth forbids a Monk to make use of his Handkerchief in his Monastery.

The one and twentieth declares, that a Monk who quits the Monastery and marries, can never enter into Holy Orders.

The two and twentieth forbids Monks to retire from a Monastery that they may build a Cell, with∣out the leave of the Bishop, and the consent of the Abbot.

The three and twentieth declares, That if the Bishop gives the Lands of the Church to Clergy-men or Mo••••s, to enjoy them for a time, those who do enjoy them cannot acquire any Prescription against the Church.

The four and twentieth ordains that a Fast of forty days, and not of fifty, shall be observ'd before Easter.

The five and twenteth, That it shall not be lawful for any Citizen to celebrate the Feasts of Ea∣ster and Whitsontide in the Country.

The six and twentieth, That the People shall not go forth in the time of Divine Service, until it be finished, and they have received the Bishop's Blessing.

The seven and twentieth, That the Rogations, or Litanies, shall every where be used before As∣cension-day, and that during the space of the three days which precede this Feast, besides Fasting and Abtinence, neither Slaves nor Servants shall be obliged to work, that so all the People may assemble together.

The eight and twentieth, That the Clergy who shall neglect to assist at this Holy Prayer, shall be punish'd as the Bishop shall judge convenient.

The nine and twentieth renews the ancient Canons against the Familiarity of Clergy-men with strange Women.

The thirtieth is against those who meddle with Divination.

The one and thirtieth declares that the Bishop ought to be present on Sunday at Divine Service, in the Church which is nearest to the place where he is, unless he be hindred by some sickness.

The Council of Tarraco.

THis Council was assembled at Tarraco on the sixth of November in the Year 516, and consisted of ten Bishops or Arch-bishops of Spain, who made thirteen Chapters or Canons, whereof here follows an Abridgment.

The first is, That Ecclesiasticks or Monks who are oblig'd to assist their Kinsfolk, shall give them what they stand in need of, and may go and see them; but they shall return after they have saluted them, and make no long stay at their Houses when they go to see them: They shall carry along with them an ancient Person of known probity, to be a witness of their Actions. Whosoever does not observe this Canon, if he be a Clergy-man, he shall be depriv'd of his Office; if he be a Monk, he shall be shut up in a Cell of the Monastery, where he shall live upon Bread and Wa∣ter.

The second is, The Ecclesiasticks who meddle with buying at a cheap rate, that they may sell things at another time when they are dearer, shall be turn'd out of the Clergy.

3. An Ecclesiastick who has lent Money, shall take Wine or Corn for his Money at the season, after what manner he pleases: But if he to whom he has lent it, has not wherewithal to pay what he owes him, then he shall be satisfied with receiving what he lent him without any En∣crease.

4. Bishops and Priests are forbidden to sit in Judgment on Sunday; they may do it on other days, yet they must not meddle in Criminal Matters.

5. A Bishop who was not ordain'd by the Metropolitan himself, but by another Bishop with his leave, ought in two Months time to go and wait upon his Metropolitan.

6. A Bishop who neglects to come to a Synod, and is not detain'd by any sickness, ought to be depriv'd of the Communion of his B••••thren until the next Council.

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7. In Country Parishes a Priest and a Deacon shall stay there by turns, each in their week, and on Saturday all the Clergy of these Churches shall be ready to read Divine Service on Sunday: Every * 1.6 day Mattins and Vespers shall be there said also.

8. The Bishops shall visit every year the Country Churches, shall cause to repair those that are any ways decay'd, and take care that Divine Service be read in them.

9. If any Reader or Porter, will continue with an adulterous Woman, he shall be turn'd out from among the Clergy.

In the 10th the Clergy are forbidden to take any thing for the Protection they have given, unless some Free-will▪ Offerings be made to them in the Church.

The 11th forbids Monks to go out of their Monastery, to do the Office of Clergy-men, with∣out the leave of their Abbot: It forbids them also to undertake Secular Business, unless it be for the Good of the Monastery, and by the Command of their Abbot.

The 12th ordains, That after the death of Bishops, an Inventory shall be made of all their Goods, by the Priests and Deacons, and that if any one be found who has taken any thing, he shall be ob∣lig'd to restore it.

13. The Metropolitan, when he cites the Bishops to a Council, ought to advertise them to bring thither with them, the Priests of the City of the Country, and the Officers of the Church.

The Council of Gerunda.

THis Council which was held at Gerunda on the 18th of June in the Year 517, was compos'd of the Metropolitan of Tarraco, and six Bishops of that Province, who made ten Canons in this Assembly.

By the first it is ordain'd, That the same Order of Celebrating Mass and Divine Sevice which is observ'd in the Church of the Metropolitan, shall be follow'd in all the Provinces of Tar∣raco.

By the second, That in the Week which follows the Feast of Pentecost, Abstinence shall be us'd, and Letanies shall be said, from Thursday until Saturday.

By the third, That the second Letanies shall begin on the first day of November, provided that if that day happen to be Sunday, they shall be put off to Thursday next, and then they shall end on Sa∣turday; and that during this time there shall be Abstinence from Flesh and Wine.

By the fourth, That Baptism shall be administred only at Easter and Whitsuntide, and that at the other Festivals the sick only shall be baptiz'd, to whom Baptism ought never to be deny'd at any time whatsoever.

By the fifth Canon it is ordain'd, That Children shall be baptiz'd whenever they are presented, if they be sick, or cannot suck the breast.

By the sixth, All the Orders of Clergy-men who are oblig'd to Celibacy, from Bishops down to Sub-deacons, are forbidden to cohabit with their Wives, or if they will dwell with them, they are commanded to have with them one of their Brethren, who can give testimony of their Conti∣nence.

The seventh forbids Clergy-men who have no Wives, to keep any of the Female Sex to govern their House, unless it be their Mother or their Sister.

The eighth forbids to admit any of those into the Clergy, who have had Carnal dealing with a Woman, after the death of their Wife.

The ninth declares, That if any Person falling sick, desires and receives the Benediction of Pe∣nance, which is call'd the Viaticum, and is given at the receiving of the Communion; and after∣wards being in health will not submit to publick Penance, That such a Person may be admitted into the Clergy, if he be not convicted of a Crime.

In the tenth it is ordain'd, That the Bishop shall recite every day the Lord's Prayer, after Mattins and Vespers.

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The Council of Epaone. * 1.7

THis Council was assembled at Epaone by the Letter of Avitus Bishop of Vienna, under the Reign of Sigismund, King of the Burgundians, on the 15th of September in the Year 517. Avitus Bi∣shop of Vienna, Viventiolus Archbishop of Lyons, together with 23 Bishops, were present at it: And in it there were made 40 Canons.

The first contains, That the Bishops who are requir'd by their Metropolitan, to come to the Or∣dination of a Bishop, shall not fail to be present at it.

The second and third renew the Canons against the Ordination of Bigamists, and those who have done Penance.

The fourth forbids Ecclesiasticks, Priests and Deacons, to keep Dogs and Birds for Hunting and Hawking.

The fifth forbids the Priests of one Diocese to serve a Church of another Diocese, without the leave of their Bishop.

The sixth forbids to give the Communion to a Priest or Deacon who travels without a Letter from his Bishop.

The seventh declares all sale of the Churches Possessions which is made by Priests to be null and void.

The eighth ordains the same thing with respect to Abbots, and does not allow them so much as to enfranchize Slaves.

The ninth forbids an Abbot to have two Monasteries under his Government.

The tenth forbids the New-establishments of Monasteries, or little Congregations, without the leave of the Bishop.

The eleventh forbids Clergy-men-to cite any before Lay-Judges without the leave of the Bishop; but allows them to defend themselves, if they be cited before them.

The twelfth declares, That it is not lawful for the Bishop to sell the Possessions of his Church, with∣out the Knowledge of his Metropolitan; and permits him only to make profitable Ex∣changes.

The thirteenth declares, That if a Clergy-man is convicted of a false Testimony, he shall be look'd upon as guilty of a capital Crime.

The fourteenth ordains, That if the Clergy-man of one Church is made Bishop of another, he ought to leave to the former Church all that he had receiv'd by way of gift, and not retain any thing but wh•••• he purchas'd for his own use.

The fifteenth separates from the Communion those Clergy-men that shall eat with a Heretical Clergy-men, and forbids Lay-men even to be present at the Festivals of the Jews.

The sixteenth permits Priests to relieve Hereticks that are sick, who are willing to be converted, by applying to them Chrysm; but if they be in health, the Bishop must perform this Office.

The seventeenth declares all the Legacies which the Bishop makes of the Churches Possessions to be null and void, unless the Church has receiv'd as much profit by his own Possessions.

The eighteenth, That Clergy-men cannot acquire Prescription in the Revenues of the Church which they possess.

The nineteenth, If an Abbot is accused of Fraud or Negligence, and refuses to stand to the Judg∣ment of the Bishop, he shall be call'd to an account before the Metropolitan.

The twentieth forbids Clergy-men to visit Women in the Afternoon; yet if there be a necessity of visiting them▪ they may go in company with other Clergy-men.

The one and twentieth forbids to consecrate Widows for Deaconesses, insomuch that if Widows are willing to be converted, i. e. to lead a Religious Life, the Benediction of Penance shall only be given to them.

The two and twentieth declares, That the Priest or Deacon who commits a capital Crime shall be Depos'd, and shut up in a Monastery all the rest of his Life, and that he shall not be admitted to the Communion but in this place only.

The three and twentieth, That he who having received the Penance forsakes it to lead a Secular Life, cannot enjoy the Communion, until he return to that state of Life which he had em∣brac'd.

The four and twentieth permits Lay-men to accuse Clergy-men, provided they propose nothing a∣gainst them but what is true.

The five and twentieth sorbids to place the Reliques of Saints in Country Chappels, unless there be Clergy in the Neighbouring Parish who can honour them, by singing in these Chappels from time to time, and forbids also to ordain Clergy-men on purpose sor these Chappels, unless there be sufficient Provision made for them.

The six and twentieth ordains, That only Altars of Stone shall be consecrated with Chrysm.

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The seven and twentieth, That Bishops in the Celebration of Divine Service, shall follow the or∣der of the Metropolitan Church. * 1.8

The eight and twentieth, That if a Bishop die before he has absolv'd a Person condemned, his Suc∣cessor may give him Absolution, if he amend his Fault and do Penance.

The nine and twentieth Canon imports, That the lapsed, i. e. those who after being baptiz'd in the Church, go over to the Sects of Hereticks, and formerly were not restor'd without much diffi∣culty, shall immediately be receiv'd after a Penance of two years, provided that they shall fast three days in a year, that they shall frequently come to Church, and that they shall be there among the Pe∣nitents, and withdraw with the Catechumens.

The thirtieth ordains, That those who have contracted Incestuous Marriages shall not be admitted to Penance, unless they be parted. The following Degrees are these within which Incest is commit∣ted according to this Council. If any Man marry the Wife of his Brother, the Sister of his Wife, his Step-mother, the Sister of his Uncle on the Father or Mother's side, his Daughter-in-law, or his Cousin-German, and the Issue of a Cousin-German.

The one and thirtieth renews the Canon of the Council of Ancyra about the Pnance of Man slayers, who can avoid the Punishment enacted by the Civil Laws.

The two and thirtieth separates from the Church the Wife of a Priest or Deacon, who marries, and him that espouses her, until they be parted.

The three and thirtieth forbids to make use of the Churches of Hereticks, except those which they have taken from Catholicks.

The four and thirtieth imposes two years of Penance upon him that puts his Slave to death by his own Authority.

The five and thirtieth requires Christians to go and receive the Blessing from their Bishop, on Christmas and Easter-Eve.

The six and thirtieth, That the Viticum, i. e. the Absolution, shall be refus'd to no Person at the poin of death; and that the time of Penance shall be put off to one a dying, but on condition that he shall do it if he return to health.

The seven and thirtieth forbids to ordain a Lay-man, who has not been engag'd to live religious∣ly, Religione praemissa.

The eight and thirtieth ordains, That such as are of years, and of known probity, shall be chosen to enter into Nunneries, and that those who shall go there to celebrate Divine Service, shall withdraw immediately after it is ended. Clergy-men and young Monks are forbidden to go thither, unless they have some Kinswomen there.

The nine and thirtieth imports, That a Slave being guilty of some heinous Crime, who takes Sanctuary in the Church, shall be exmpted only from Cororal▪ Punishment, and that his Master shall not be oblig'd to swear that he will not impose upon him extraordinay Labour, or that he will not cut his Hair to make him known.

The last declares, That the Bishops who will not observe these Canons, shall be guilty both before God and before their Brethren.

Of first Council of Lyons.

THis Council was at the same time with that of Epaone. It consisted of ten Bishops and the Archbishop of Lyons, who were assembled to Judge one Sephen accus'd of Incest. He was con∣victed of it, and condemned by the Synod, together with his Wife Palladia. This being an Affair of great Consequence, and the Court concerning themselves in it. The Bishops made Canons for defending briskly what they had done.

The first imports, That all the Bishops shall inviolably maintain the Condemnation they had pass'd against Stephen and against her whom he married, and that they shall use the same course against all those who shall be found guilty of the same Crime.

The second, That if any one of them shall be persecuted for this Cause, all the other Bishops shall sympathize with him in his Affliction, shall comfort and succour him.

The third, That if the King continue to refrain from Communion with the Bishops, after he has had time to return to it, they shall all withdraw into Monasteries, until such time as the Prince, being moved with the Prayers of the Saints, grant Peace to the Church▪ and that no one shall come out of them until Peace be restor'd to all the rest.

By the fourth, Bishops are forbidden to attempt any thing upon the Jurisdiction of their Bre∣thren.

The fifth renews the Prohibitions of aspiring to the Bishoprick of a Bishop who is alive, and Ex∣communicates for ever those, who get themselves ordain'd in their room, as also those who have any hand in these Ordinations.

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The sixth declares, That those who shall not observe these Canons shall be punish'd by the Coun∣cil. * 1.9 'Tis added at the 〈◊〉〈◊〉▪ That in compliance with the King's Advice, they had allow'd Stephen and Palladia to be present at the Pray••••s of the Church▪ until the Prayer which is read after the Go∣spel. In this Council you may perceive some remains of the Ancient Episcopal Courage.

The Council of Lerida, or Ilerda.

THe Council held at Lerida on the eighth of August in the Year 524, under King Theodoric, con∣sisting of nine Bishops, made these following Canons.

The first forbids Clergy-men who serve a the Altar, and distribute the Blood of Jesus Christ, or who touch the Vessels destin'd for a holy Ministery, to shed Human Blood, even that of their Ene∣mies. If they do it, they shall be depriv'd for two years of the Communion, and suspended from the Exercise of their Ministry; and they shall expa•••• their Fault by Watching, by Fasting, and by Prayers, if they have a mind to be restor'd; neither shall this be granted, but upon condition that they shall be uncapable of rising to higher Orders: That if in this time of two▪ years they shall be found negligent and slothful in doing Penance, the Bishop shall prolong the time of their Pe∣nance.

The second imposes seven years Penance upon those Men or Women that murder Infants conceiv'd or born in Adultery. If they be Clergy-m•••• they also shall be put under Penance, and shall never be restor'd again to their Order: They shall only be permitted after seven years to sing in the Quire. But as to those who give drugs for committing these detestable Crimes, 'tis said that they shall not re∣ceive the Communion till death.

The third renews the Canons of the Councils of Agda and Orleans, concerning Monks, and adds to them this Canon, That the Bishop may, with the consent of the Abbot, and for the good of the Church, draw forth Monks out of the Monastery to ordain them Clergy-men; that he cannot meddle with the Donations that are made to Monasteries, and yet no Person can under this pretence cause to consecrate a Church under the Title of a Monastery, to hinder it from being entirely at the dispo∣sal of the Bishop.

The fourth imports, That those who continue to live in Incest, shall not be suffer'd to continue in the Church any longer then till the Catechumens are dismiss'd, and that no Christian may so much as eat with them.

The fifth impo••••s, That if those who serve at the Altar fall into a Carnal Sin through Frilty▪ and afterwards give signs of Remorse, it is in the Bishops Power to restore them quickly, if he 〈◊〉〈◊〉 them truly pierced with hearty Sorrow, or to leave them a long while Excommunicated if they be slothful; But that he shall not restore them, except upon condition, that they shall not be capable of rising to higher Orders, and if they relapse, they shall be separated from the Communion till death.

The sixth Canon says, That he who has defil'd a Widow or a Nun, shall be Excommunicated, and that the Nun also shall be Excommunicated, unless she part from him, in which case she shall be put under publick Penance.

The seventh excludes him for a year from the Communion of the Body and Blood of our Lord, who has made an Oath never to be reconcil'd to that Man with whom he had a Suit of Law, and advises to blot ou his Sin by Aims, by Tea••••, and 〈◊〉〈◊〉 F••••••ing.

The eighth forbids Clergy-men to take out of C••••rches by force, or to abuse their Slaves or Scho∣lars, when they t••••e shelter there.

The ninth ordains that those who hae bee re-baptiz'd in Heresie▪ shall be seven years under Pe∣nance among the Catechumens, and two years among the Catholicks, and that after this time they may partake of the Oblation and the Euc••••rist.

The tenth ordains, That those who will no rete from the Church for some Fault, according to the Order of their Bishop, shall continue the longer under ennce.

The eleventh enjoyns the Bishop to punish those Clergy-men who fight with any Man, according to the quality of the Person offended.

The twelfth meddles not with the Ordinations which are already made▪ against the Canons, but only forbids to promote those who are thus ordain'd to higher Orders. And declares for the future▪ That they shall be Depos'd, and that those who ordain them, shall not any more be permitted to make an Ordination.

The thirteenth rejects the Oblations of Catholicks, who give their Children to be baptiz'd▪ by He∣reticks.

The fourteenth forbids the Faithful to eat with those Persons who cause themselves to be re-baptiz'd by Hereticks.

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The fifteenth renews the ancient Canons against Clergy men who hold familiarity with strange Women; and adds, That those who shall violate them, shall be depriv'd of the Ministerial Functi∣on, * 1.10 after one or two Admonitions.

The last Canon is for hindering the mis-employment of the Bishops Possessions and Effects after his death.

The Council of Valentia in Spain.

THis Council was held at Valentia in Spain, in the same year with the preceding, on the third of November. It consisted of nine Prelates, and made six Canons.

The first ordains, That before the Oblations are brought, and the Catechumens dismiss'd, the Gospel shall be read after the Lessons of the Apostle, that the Catechumens and Penitents may under∣stand the wholsome Precepts of Jesus Christ.

The second and third renew the Canons formerly made for preserving the Possessions left by the Bishop.

The fourth exhorts the Bishops to come quickly to the assistance of their sick Brethren, that they may prepare them for death, and be present at their Funerals. It adds, That if a Bishop happen to die suddenly, when another Bishop is not present at his death, his Body shall be buried, and kept till such time as another Bishop can come to celebrate his Funerals according to Custom.

The fifth ordains the Punishment of Vagabond Clergy-men, who disobey their Bishop, and forsake the Ministry of the Church to which they were fix'd.

The sixth forbids to ordain the Clergy-man of another Bishop, or to Ordain any Person who does not promise to continue in the Diocese.

The fourth Council of Arles.

ST. Caesarius of Arles, having assembled twelve Bishops, and four Priests deputed from four other Bishops, at this City, to celebrate there the Dedication of the Church of St. Mary, in the Month of June, in the Year 524, they made four Canons. * 1.11

The first orders, That none shall be ordain'd Deacon before the Age of five and twenty, nor Bi∣shop or Priest before thirty, and that he who is ordain'd, should for some time after quit a Secular Life.

The second, That none shall be ordain'd Bishop of a Lay-man, unless he has liv'd for a year an Ecclesiastical Life.

The third renews again the Prohibition so often repeated, not to ordain a Penitent or a Biga∣mist.

The fourth is against the Clergy who forsake their own Diocese, and against those who receive them.

The Council of the Bishops of Afric held at Carthage under Boniface Bishop of that City, in the Year 525.

PEace being restor'd to the Church of Afric by the death of Thrasimund, and the Clemency of his Successor Hildericus, the Bishop of Carthage, Primate of Afric, having resum'd his ancient * 1.12 Rights, call'd together a Synod out of all the Provinces of Afric, on the fifth of February in the year 525. After the Letters for calling them together were read in the Council, which were address'd to Missor Primate of Numidia, to the Bishops of the Proconsular and Tripolitan Province, and the Answer of Missor was read, and the Deputies of the Provinces were known, the Order of the Pro∣vinces was settled according to the ancient Councils of Afric. The Proconsular was found to be the

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first, 〈…〉〈…〉 the Province of 〈◊〉〈◊〉. These Preliminaries being 〈…〉〈…〉 and the Canons of the ancient. Councils of Afric were read, which were judg'd most necessary for restoring Discipline.

The 〈…〉〈…〉 finding no further matter to treat of which concern'd the Good of the Churches in general, the Petition of the Abbot Peter and his Monks was read, who complain'd that Liberatus Primate of the Province of Byracena, had unjustly Excommu∣nicated them in Synods, tho they had done nothing contrary to the Faith or good Manners. The Coun∣cil resented it highly, that the Primate of Numidia should treat them so harshly. After this they de∣sir'd to be under the Jurisdiction of the Bishop of Carthage, and represented that they had never been subject to the Jurisdiction of the Bishops in their Neighbourhood, and that they never address'd to the Bishops of their Province to have a Priest, but in necessity, and when they waited till the See of Carthage should be fill'd with a Bishop. Afterward the Letter of Liberatus and the Council of Ionce was read, who exhorted the Council to maintain Order and Dis∣cipline about those things which the Bishops Potianus and Restitutus remonstrated to them. These Bishops had proposed four things; The first concern'd the People of three Burroughs of their Pro∣vinces▪ The second was against a Bishop of 〈◊〉〈◊〉 Tripolitan Province, whom they pretended to have usurp'd Jurisdiction over a People that did not belong to him: The third was about the Title of the Letters which were written to the Primate and the Bishops of the Province, and the last about the Affair of Peter. Whees ••••niface had already answer'd their Letter of the sixteenth of December in the preceding year, the Answer was read which he had sent by these two Bishops, which ays, That it was difficult to grant them what they desir'd because nothing can be chang'd which had been determin'd in the Councils of Afric; and for the establishing of his Primacy over all the Churches of Afric, he declares to them, That as it belong'd to him according to Custom, to publish the day of the Feast of Easter to all the Churches of Afric, they shall be advertis'd, that the next year this Feast is no be celebrated on the seventh of April.

The Council consulted of these four Matters. As to the first and second, they were left to be determin'd according to the Canons of Councils, when fuller Information should be given of the Matters of Fact. As to the third it was said, That there was sufficient Satisfaction given by the Letter of Boniface; So that the fourth was the only thing that was determin'd here. The Abbot Peter and his Monks presented a new Libel, to show that they ought not to be subject to the Bishops of the Province of Byracena. To this end they say, That their Monastery was never subject to any of these Bishops, which consists of Monks out of all the Provinces of Afric, and even from distant Countries; That the Monastery had been founded by Persons of great Piety, and consecrated by Re∣paratus Bishop of the Pro•…•…ar Province; that as long as the Church of Carthage had Bishops, they had always recourse to it, without impairing their Liberty; That they still pray'd the Bishop of that City to take care of them, and to deliver them from the Bondage which some would impose upon them; That this was warranted by the Examples of many Monasteries, which were subject to other Bishops then those in whose Territory they were situate: and lastly, That they had Testimo∣nies of the Holy Fathers ready who defend the Liberty of Monks. For proof of this they cite two places of St. Austin, but they prove nothing which they alledge: To this they subjoyn a Letter of Boniface, who permits the Nuns to choose what Priest they would. They alledge the Canon made in France concerning the Monastery of Lerius. This is all there is of this Council, for the est is not in the Vatican Manuscript from which Holstenius extracted this But in another Manuscript there is found the Decree, which says, That all the Monasteris shall be, as they always have been, free and exempt from the Jurisdiction of Bishops. It appears by the Acts of this Council, that the Monks did not desire to be wholly exempt from the Jurisdiction of Bishops, but that they might have power to choose such a Bishop as they would; nor did they desire that themselves should have, as it were, Episcopal Jurisdiction, to take care of their Monastery, and to send to them Priests and Clergy-men. This appears by the Examples of the three Monasteries which they produce, and by the Exemption granted by Boniface to a Nunnery; So that these Examples regarded only their own Persons, and their Monastery, and did not give them any Right or Jurisdiction over any part of the People of the Diocese. In the first Session of this Council there are the Subscriptions of sixty Bishops.

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The second Council of Orange. * 1.13

CAesarius of Arles, and twelve other Bishops, being present in the year 529, at the Dedication of the Church which Liberius a Noble-man and Prefect of Gauls had caused to be built in the Ci∣ty of Orange, entred into a Conference about the Questions of Grace; and understanding that there were some People who had Sentiments, which seem'd not to them altogether Catholick, they thought themselves oblig'd to approve and publish some Articles, which had been sent to them by the Holy See, extracted out of the Holy Fathers and Councils.

The first is against those who maintain that the Sin of the first Man made no change but in one part of a Man, viz. his Body, and that it did no hurt to his Soul, but left him as free as he was be∣fore, and only made his Body liable to death.

The second is against those who say that the Sin of Adam hurted himself only, or that nothing but the death of th Body pass'd upon his Posterity.

The third is against those who affirm that Grace is granted upon the Prayers of Men, and deny that Grace is necessary to make us desire it.

The fourth is against those who say that God waits upon our Will to purifie us from our sins, and that he does not by his Spirit make us willing to be purified.

The fifth is against those who say that the beginning of Faith and the desire to believe is not a Gift of Grace, but is naturally in us.

The sixth is against those who say that God shows Mercy to those who will, who desire, who do their endeavours, who pray and search, and that they do not know what that Mercy of God is which makes us to will, desire, &c.

The seventh is against those who believe that Man may have some saving thought for his own Sal∣vation▪ or make some good choice without the aid of the Spirit.

The eighth is against those who say that some come to the Grace of Baptism by their own Free-will, and others by Grace.

Every one of these Propositions is confirm'd by some passage of the Holy Scripture; after which do follow many Sentences of the Fathers, and chiefly of St. Austin about Grace, which tend all to establish the necessity of Grace to all our good Thoughts and Actions. In the Conclusion they add three Propositions. The first is, That all those who are baptiz'd, may and ought if they will, to labour for their own Salvation. The second, That they do not believe, that God has predestin'd Men to Damnation, nay, they pronounce an Anathema against those who shall be of this Opinion. The third, That God inspires us by his Grace with the beginning of Faith and Love, and is the Au∣thor of our Conversion. These Decrees of this Council are sign'd not only by the Bishops, but by Liberius a Noble man, and other Persons of Honour.

The second Council of Vasio.

CAesarius held also the same year on the fifth of November another Assembly at Vasio, at which were present ten Bishops, who did almost all take the Title of Sinners. Five Canons about Discipline * 1.14 were made in this Council.

The first is, That Priests of Parishes shall make the young Readers, who have no Wives, to dwell in the House with them, and that they maintaining them like good Fathers, shall teach them to sing Psalms, and cause them to read and study the Holy Scripture, that so they may prepare them to be fit Persons to succeed them; that nevertheless those who will marry, shall have liberty to do it.

The second is, That a Priest may preach in his Parish, and if he be sick, the Deacons shall only read some Homilies of the Fathers.

The third, That Kyrie eleison shall be frequently said at Mattins, at Mass, and at Vespers, and that Holy, Holy, Holy, shall be recited at every Mass, even at those of Lent, and of the Dead.

The fourth, That there shall be a Commemoration of the Name of the Pope, who is in the Ho∣ly See.

The fifth, That. As it was, shall be sung after Glory be to the Father, at the end of all the Pray∣ers.

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The Council of Rome under Boniface the Second. * 1.15

THe Acts of this Council were publish'd by H••••steni•••• from a Manuscript of the Vatican Libra∣ry. This was an Assembly of four Bishop's and forty Priests of that City, held at Rome in the Month of December in the year 531. to receive and judge of the Complaints of Stephen Bishop of Larissa, Metropolitan of Thessaly, who pretending that he was unjustly depriv'd and turn'd out of his Bishoprick by Epiphanius Patriarch of Constantinople, implor'd the aid of the Holy See. In the first Session, which was held the seventh day of December, he presented two Libels address'd to Pope Boniface, wherein 〈◊〉〈◊〉 ••••clares, That he was chosen Bishop of Larissa, after the death of Pro∣clus his Predecessor, by the Election of the People and Clergy, and ordain'd by the Metropolitan, and by those whose Presence was necessary; that he had the best Testimony of the three whom the People chose; that Probianus Bishop of Dmetrias, and all the Bishops of the Province had com∣mended and approved this Choice; that his Clergy and Church had testified themselves to be well∣satisfied with his Government; that notwithstanding this the same Probianus Bishop of Demetrias, for what Reasons he cannot tell, together with Anthony the Steward of his Church, and some o∣ther Bishops who had sign'd the Instrument of his Ordination, thought fit to go to Constantinople there to wait upon the Patriarch Epiphanius, whom they had perswaded that his Ordination was contrary to the Canons; That Epiphanius without hearing him, and without any proof of what was alledg'd against him, had by his Letters suspended him from his Sacerdotal Function, and for∣bidden the Bishops and Clergy of Thessaly to communicate with him; that these Orders were ad∣dress'd to the Governor Andrew, who had read and executed them in his absence; that he came al∣so to Thessalonica, where he was to signifie them to him; that he had desir'd to be referr'd to the Judgment of the Holy Apostolick See, but without any regard to this desire he had been carried by force to Constantinople, where he should have been made Prisoner, if he had not found some Persons to be his Sueties; that Epiphanius having assembled a Synod of Bishops who were at Con∣stantinople, had oblig'd him to appear there; that he had again desir'd to be remitted to the Judg∣ment of the Holy See, according to the Custom of his Province; that he had remonstrated, That it was unjust to violate the Authority which Jesus Christ and the Canons had given to the Holy See, and which Custom had authoriz'd; but that these Remonstrances had only irritated Epiphanius, who endeavour'd by this means to establish his Jurisdiction over Thessaly; that he had continued the Process against him, and Condemn'd him, tho there was no proof against him; that he had desir'd that this Sentence might not be executed, until he had acquainted the Holy See with it, but this Remonstrance was very ill receiv'd; that his Sentence had been read to him, and after that the Wardens of the Church were appointed for a Guard to him, but some Persons being Sure∣ties for him, they were bound to pay a great Sum of Money if he should go out of Constantinople; that he had fled away, and was come to implore the aid of the Holy See. These two Libels were read in the first Session. Abondantius Bishop of Demetrias, complain'd that this Probianus the Accuser of Stephen, had usurp'd his Church.

In the second Session, December the ninth, Theodosius Bishop of Echinus in Thessaly, presented a Libel sign'd by three other Bishops of the same Province, who desir'd Justice of the Pope, as to the Affair of Stephen their Metropolitan. After it was read he remonstrated, That although the Holy Apostolick See, had the Primacy over all Churches, and Appeals might be made from all Parts to its Jurisdiction, yet he had a particular Jurisdiction over Illyria, which he pro∣ved by reading the Letters address'd by the Popes to the Bishop of Thessalonica. There were re∣cited two of Damasus to Ascolius, one of Syricius to Anysius, and another to Rufus, three Letters of Boniface the first to Rufus, two others from the same to the Bishops of Thessaly, a Law of Theo∣dosius, which ordains, That the Bishops of Illyria shall be govern'd according to the ancient Dis∣cipline, a Letter of Celestine to the Bishops of Illyria, four Letters of Sixtus, and many Letters of St. Leo. This is all that remains of the Acts of this Council, and there is no Decision given in this Affair.

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The second Council of Toledo. * 1.16

THe Bishop of Toledo, and seven others, held this Council in the Year 531, and made there five Canons.

The first concerns Infants which the Parents offer to be Clergy-men. It ordains that after they shall have cut off their Hair, or shall be plac'd among those who are to be chosen, they shall be educated in the Church-House in the sight of the Bishop, and under the Conduct of a Tutor: That after they have arrived at the Age of eighteen, they shall be asked in the presence of the Clergy and People, what is their design; and if they promise to observe Chastity, they shall be made Sub deacons at the Age of twenty: That if they discharge this Ministry well, they shall be promo∣ted to the Office of Deacon at five and twenty; but that good heed shall be taken that they do not marry, or that they keep not company with Women, and that if they be convicted of doing it, they shall be look'd upon as Sacrilegious Persons, and turn'd out of the Church. That as to those who will not oblige themselves to observe Celibacity, they shall be left to their liberty; but that they shall not be promoted to Holy Orders, until such time as they renounce the use of Marriage, after they are arriv'd at the Age of Maturity.

The second forbids Bishops to receive or keep Clergy-men who forsake their own Church to go elsewhere.

The third renews the Prohibitions so often made as to Clergy-men who keep Women in their Houses, other then their near Kinswomen.

The fourth is, That those who build Cottages, or plant Vineyards upon the Church-Lands, shall enjoy them during their Life; but that they cannot dispose of them, nor leave them after their death to any Person, unless they be given with a Charge to pay some Services, or certain Rents to the Church.

The fifth forbids Marriages among Kinsfolk within the prohibited Degrees.

The Bishops of this Council concluded with threatning Excommunication to that Bishop who shall violate these Canons, with obliging them to come to a Synod when they shall be summon'd by the Bishop of Toledo, with thanking King Amalaricus for the leave he had given them to meet toge∣ther, and with praying God that he may reign for many years.

After this Council there follow'd a Letter from Montanus to the Christians of the Territory of Palenza, against the Priests who thought fit to consecrate the Chrysm; wherein after he has pro∣pos'd to them the Examples of Corab, Dathan and Abiram, of Uzziah and Aza, who were pu∣nish'd for attempting to perform those Offices which did not belong to them, he declares, That since the Canons oblige the Priests of Parishes, to fetch every year a Chrysm, or to send the Church-warden to receive it of the Bishop, they cannot have the power to Consecrate it themselves. He threatens them therefore with an Anathema, if they undertake for the future to Consecrate it. He forbids them also to call in forreign Bishops to Consecrate the Churches in their Province; and ob∣serves, That tho all the Churches are united in Jesus Christ by one and the same Bond, yet they must preserve the Priviledges of the Provinces, and the Order of the Church; and therefore when there is any Church to be Consecrated, they ought to acquaint him, that the thing may be done either by himself, or by a Bishop of his choosing. Lastly▪ he reproves them for not having asuffici∣ent horror of the Sect of the Priscillianists, whom he accuses of many infamous things, which he says are prov'd in the Letter of Turribius to St. Leo. There is also another Letter from the same Person to Tarribius Governor of this Country, exhorting him to oppose the Disorders which we have mention'd, and to employ his Authority for abolishing these Customs which are contrary to the Discipline of the Church.

A Conference held at Constantinople between the Ca∣tholicks and Severians.

JUstinian being desirous to reconcile the Severians to the Catholicks, summon'd the Bishops and Priests on both sides in the Year 533, to confer together about their Differences, in the pre∣sence * 1.17 of Strategius a Commissioner sent from himself. When they were met together, the Bishop Hypatius made a Speech in behalf of the Catholicks. The first day the Severians said, That they had presented their Confession of Faith to the Emperor; and that in it they had explain'd every thing that might raise any Scruple. Hypatius answer'd, That they could not approve it, because therein

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they blam'd what was done against Eutyches in the Council of Chalcedon. He desir'd to know of the Severians, what they thought of Eutyches. They answer'd, That they believ'd him to be a He∣retick. He reply'd to them, That if this were so, the Council of Dioscorus had done ill to receive him. They answer'd▪ That they had receiv'd him as a Penite••••. Why then, said he to them, do ye condemn him. They confess'd that Dioscorus and his Council were then impos'd upon. Then, replys Hypatius, the Error of this Universal Council was corrected by another Universal Council. This Council was assembled at Chalcedon.

The Severians confess'd the Principle, but maintain'd that the Council of Chalcedon had not done what it ought to do. Here ended the first enterview.

In the second the Severians accu'd the Council of Chalcedon of Novelty, because they had deter∣min'd that the two Natures in Jesus Christ were distinguish'd after their Union. They affirm, That we must say with St. Cyril, that he was compos'd of two Natures, but after the Union there was but one Hypatius ask'd them, Whether they condemn'd this Doctrine meerly because it appear'd to them to be new, or as false. They answer'd, That they condemn'd it both as new, and as false, because St. Cyril, St. Athanasius, the Popes Felix and Julius, St. Gregory Thaumaturgus, and St. Dio∣nysius the Areopagite, had declar'd that there was but one Nature in Jesus Christ after the Union▪ Hypatius answer'd, That the Writings in which this was found were supposititions, that St. Cyril had taught the contrary, that in the Council of Ephesus, he had not produc'd any Testimony of the Fa∣thers where it was said, that there was but one Nature in Jesus Christ after his Incarnation.

The Severians said, Think you then that we have forg'd or falsified these Writings. Hypatius an∣swer'd, That he did not accuse them of this Forgery, but that he suspected the ancient Hereticks, the Apollinarists, to be guilty of it; that the Nestorians had also falsified the Letter of St. Athanasius to Epictetus. The Severians added, That the same things are found in the Books written by St. Cyril against Diodorus and Theodorus. Hypatius answer'd, That these Books were also falsified; and where∣as his Adversaries insisted upon it, that they could produce ancient Manuscripts taken out of the Archieves of the Church of Alexandria. Hypatius answer'd, That if they could show such in the time of Proterius, or Timotheus Salophaciolus, they were certainly genuine; but that since that time, the Church of Alexandria having been in the possession of Hereticks, they were not oblig'd to trust to the Monuments which came out of the hands of their Enemies; that they had plainly prov'd that the Letter attributed to Pope Julius, was the Epistle of Apollinaris written to Dionysius, that Se∣verus and those of his Party would not sign the Confession of Faith, which they say was St. Gregory Thaumaturgus's; and lastly, that the Books attributed to St. Dionysius were forged.

Here the Severians ask'd, Why the Council of Chalcedon had not receiv'd the Letter of St. Cyril, which contains twelve Chapters, wherein he denies that there are two Subsistences in Jesus Christ. Hypatius answer'd, That the Council of Chalcedon had not rejected this Letter, but had preferr'd the other Letter, because it is more clear.

The Severians urg'd, That St. Cyril us'd the word Subsistence for Nature. Hypatius answer'd, That indeed the ancient Fathers and the Latins confounded them, but the Orientalists distinguish'd them, and gave the name of Subsistence to the Person; that it is no where found that St. Cyril did ever affirm, that there were three▪Subsistences in the Trinity. The Severians reply'd, That in the Letters of St. Cyril approv'd in the Council of Chalcedon, it was said that Jesus Christ was made up of two Natures, ex duabus Naturis, which signifies, say they, according to his language, that he is one Nature made up of two, ex duabus naturis unam. Hypatius answer'd them, that this Expression, ex duabus naturis, is so far from signifying what they pretend, that Flavian made use of it; and to prove this, they recie the Letter of Fl•…•… to the Emperor Theodosius.

The Severians always insisted upon two Testimonies of St. Ceril. Hypatius answer'd them, That none is oblig'd to take any thing for a Rule of Faith but the Synodical Letters approv'd in the Coun∣cils, and not what a Father may have said or written upon different Occasions: As, says he, we must be guided by the Decision of the Apostles in the Council of Jerusalem, and not by what every A∣postle might write or practise before this common Decision; that in the Letter of St. Cyril to Ne∣storius, the Union of the two Natures without confusion or mixture was establish'd; that in his Letter to the Orientalists he had approv'd their Declaration, which clearly contains the distinction of the two Natures after their Union; that it was more reasonable to give credit to these publick Letters, then to some private Letters which might easily be corrupted. The Severians did not o∣mit to produce the Letter to Eulogius, and that which is address'd to his Successor, and Hypatius ex∣plain'd them, protesting always that he did not receive them for genuine. After this another Que∣stion was debated. The Severians complain'd that the Names of Councils were put into the Dipryches, they said that this tended only to encrease the Division. Hypatius answer'd that this would do no hurt; that since the Names of particular Bishops were recited in them, it was but just that those of Councils should be plac'd in them, and that this could offend none but Hereticks. The Severians said against the Council of Chalcedon, that it had receiv'd Ibas and Theodoret. Hypatius answer'd that it had not done it till they had pronounc'd an Anathema against Nestorius: And whereas the Severians alledg'd that they did it only to deceive them, and that immediately after they relaps'd. Hypatius answer'd, That if they condemn the Council of Chalcedon upon this ac∣count, they must also condemn that of Nice, for receiving Eusebius and Theogins; that he did not defend Theodoret but the Council, which had done what they ought to do upon this occasion; that

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St. Cyril himself had receiv'd John of Antioch, and written to Theodoret. The affair of Ibas was more difficult, because he had written a reproachful Letter against St. Cyril. Hypatius answer'd, * 1.18 That it was publish'd during the Life of St. Cyril, that this did not hinder them from being recon∣cil'd, that it may be thought that this Letter was sorg'd, that Ibas was not receiv'd until he had Ana∣thematiz'd Nestorius; and lastly, that St. Cyril had us'd less precaution as to Ibas and Theodoret then the Council of Chalcedon, since he had only desir'd them to consent to the Condemnation of Nesto∣rius, and the Ordination of Maximianus, whereas the Councils of Chalcedon had oblig'd them to pro∣nounce an Anathema against Nestorius.

The third Enterview was in the presence of the Emperor, who caus'd Epiphanius the Patriarch of Constantinople to come there. He spoke to them with much mildness, and exhorted them to Peace and Union. The Severians objected to the Catholicks, That they deny'd that Jesus Christ had suf∣fer'd in his Flesh, and that he was one of the Persons of the Trinity. They explain'd themselves, and said, That Jesus Christ was passible in his Flesh, and impassible in his Divinity, that one might say, that he suffer'd in his Flesh according to his Humanity; and that according to his Divinity he was one of the Persons of the Trinity.

This Conference had the same Conclusion, which commonly all these Conferences have, i. e. That both Parties continued in the same Sentiment, without convincing one another; but which is unusual, these things were handled there without heat, and with much meekness and moderation on both sides. Nevertheless there were some Monks and some Priests of the East and of Syria, who were reconcil'd to the Catholicks. One of the Bishops there present drew up this Relation, whereof we have here given an Abridgment.

The second Council of Orleans.

THis Council was assembled at Orleans, by the Order of the Kings of France, Childebert and his Brethren, on the 23th day of June in the Year 533. It was compos'd of six and twenty Bi∣shops or Archbishops of France, and five Priests deputed from other Bishops. The following Canons were made in it, which are nothing but the old ones renew'd.

The first is, That the Bishop being invited by his Metropolitan to be present at the Ordination of a Bishop, shall not fail to be there without a lawful Excuse.

The second, That the Metropolitan shall call every year their Suffragans to a Council.

The third, That the Bishops shall take nothing for Ordinations, nor for any other Office of the E∣piscopal Function.

The fourth, That he shall be turn'd out, who gets himself ordain'd for Money.

The fifth, That the Bishop's shall never refuse to go for the Burial of their Brethren, and that they shall take nothing but what is necessary to defray their Expences.

The sixth, That the Bishop who comes to Inter his Brother, shall go into the Episcopal House with the Priests, and that he shall cause an Inventory to be made in their Presence of what is there found, leaving it with some Persons whom he can trust, to keep it.

The seventh, That the Metropolitan chosen by the Bishops of the Province, by the Clergy and the People of the City, shall be ordain'd by the Bishops of the Province.

The eighth, That a Deacon who is married, being in Captivity, cannot be restor'd to his Mini∣stry.

The ninth, That no Priest shall dwell with Seculars without the leave of the Bishop.

The tenth, That no Man shall marry his Step-mother.

The eleventh, That Marriages lawfully contracted cannot be dissolv'd by the will of the Parties joyn'd, whatsoever Infirmity they alledge.

The twelfth, That no Person shall perform the Vow which he has made of singing and feasting in the Church, because God is rather provoked then pacified by these Vows.

The thirteenth, That the Abbots, Chaplains, Recluse Monks, and Priests, dare not grant Let∣ters Dimissory to Clergy-men.

The fourteenth, That Clergy-men who do not their Duty, or come not to Church, shall be de∣priv'd of their Dignity.

The fifteenth, That the Oblations of the Dead shall be receiv'd, altho they were kill'd in the Commission of some Crime, except those who kill themselves.

The sixteenth, That none shall be ordain'd Priest or Deacon, who is not well instructed, and does not know how to administer Baptism.

The seventeenth, That Women who have receiv'd the Benediction given to Deacons, contrary to the Canons, shall be turn'd out of Communion, if it be prov'd that they marry: Nevertheless, if upon the Bishop's Admonition they cease to cohabit with their Husband, they shall be receiv'd into Communion, after they have done Penance.

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The eighteenth, That the Deacon's Blessing shall no more be given to Women.

The nineteenth, That the Jews shall not espouse Christians, nor the Christians Jews; and that if * 1.19 either of them being married, will not part, they shall be depriv'd of Communion.

The twentieth, That those Christians shall be excluded the Church who are concern'd in Idola∣trous Worship, or who taste of Meats offer'd to Idols, or who eat the Flesh of Beasts suffoca∣ted.

The one and twentieth, That the Abbots who despise the Orders of Bishops, shall be Excommu∣nicated, till they return from their Disobedience.

The Council of Clermont in Arvernia, in the Year 535.

HOnoratus Bishop of Bourges, and fourteen Bishops of France, being assembled at Clermont in Ar∣vernia▪ by th permission of King Theodebert, on the seventh of November in the Year 535. after they had pray'd to God upon their knees for the King, and for the prosperity of his Reign, thought fit to renew some ancient Canons, and to add to them some new ones.

First, They thought fit to ordain, that all Councils shall begin with what concerns Manners and Discipline, before they propose any other business.

Secondly, They declare that one ought to rise to the highest degree of Promotion, not by his Am∣bition, but by his Merits; that Holiness of Life, and not Riches, did render them worthy of this Sacred Ministery, and that they ought to be advanc'd to this high Dignity, not by the favour of some few, but by the Suffrages of all: That singular care should be taken to choose such Persons as are blameless: That he who is a Bishop must be chosen by the Clergy and the People, and ordain'd by the Metropolitan of the Province, or with his Consent: That it is unlawful to use the Interest of Grandees, Craft, Promises, Presents, Threatnings, and that those who use such ways shall be depriv'd of the Communion of the Church, whereof they would be Bishops.

Thirdly, They forbid to cover dead Corpses with the Altar-Cloth, or any other Linen which is used at the Altar.

Fourthly, They ordain that Clergy-men shall not be supported against their Bishop by the Civil Powers.

Fifthly, They Excommunicate those who desire of Kings the Possessions of the Church, declaring at the same time that the Gift which the Prince makes of them is null.

Sixthly, They order those Persons to be excluded Communion and Civil Society, who espouse Jewish Men or Women.

Seventhly, They forbid to cover the Body of a Priest with the Veil which covers the Body of Je∣sus Christ.

Eighthly, They forbid to lend the Ornaments of the Church for Marriages.

Ninthly, To make Jews Judges of Christians.

Tenthly, They forbid Bishops to invade the Parishes of their Brethren.

Eleventhly, They forbid them to receive and ordain a Clerk of another Diocese, without the leave of his Bishop.

Twelfthly, They re-inforce the Penalty of Excommuuication against any Persons who marry within the forbidden Degrees, which are, the Widow of his Brother, his Wive's Sister, her Cousin-German, or the Issue of her Cousin-German, and the Widow of his Uncle.

Thirteenthly, They oblige Priests and Deacons to live in Celibacy; and in case they be found to keep Company with their Wives, after they are promoted to these Dignities, they ordain that they shall be depriv'd of them.

Fourteenthly, They Excommunicate those who shall retain Goods that are given to Churches.

Fifthteenthly, They enjoyn Priests and Deacons, who are neither in Country-Parishes, nor in the City, but dwell in Country-Houses, or serve Chappels, to come and celebrate the principal Festi∣vals of the year with their Bishop in the City, and chiefly the Feasts of Christmas, Easter, and Whit∣suntide. They exhort also Lay-men that can to come.

Sixteenthly, They renew the Canon so often repeated, whereby Clergy-men are forbidden to keep strange Women in their Houses.

After they had made these Canons, they wrote a Letter to King Theodebert, praying him to suffer the Subjects of another Prince to enjoy peaceably the Lands and Goods which they had in his King∣dom.

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The third Council of Orleans. * 1.20

FIve Archbishops, and fourteen Bishops of France, were present at this Council, with the Deputies of some Bishops. It was held on the seventh of May in the Year 538, under the Reign of Childebert. It made three and thirty Canons for restoring the ancient Ecclesiastical Discipline.

The first concerning the holding of a Synod of the Province.

The second of the Celibacy of the Clergy, beginning with the Sub-Deacons.

The third reserves the Ordination of Metropolitans to a Metropolitan, in the presence of all the Bishops of the Province; and it requires that he be chosen by the Bishops of the Province, with the consent of the Clergy and People of the City, it being fit, that he who is to preside over all should have the Suffrages of all those over whom he is to preside. As to the Bishops of the Province, it or∣dains that they shall be consecrated by the Metropolitan, and chosen by the Clergy and the Peo∣ple.

The fourth is the Prohibition so often made to Clergy-men of keeping Women in their Houses.

The fifth intrusts the Bishop with the Power of imploying the Goods that are given to Churches in the City, for such uses as he should think most convenient; and ordains that the Possessions belong∣ing to Country-Churches, shall be imploy'd according to custom.

The sixth forbids to ordain one Deacon before the Age of 25 years, and a Priest before 30, and renews the ancient Canons concerning the Qualifications requisite in those who are ordain'd, forbid∣ding to ordain those who have been twice married, who have done Penance, who have Corporal Defects, or Fits of Distraction. This Canon declares those who are ordain'd with these Defects to have fall'n from their Dignity, and Suspends those who shall ordain them, from the Exercise of their Ministry for the space of six Months.

The seventh ordains, That if Clergy-men who have been ordain'd with their own consent, being unmarried, do afterwards marry, they shall be Excommunicated; that if they were ordain'd against their own will, they shall only be Depos'd, and that the Bishop who ordain'd them shall be suspend∣ed for one year. As to the Clergy-men who commit Adultery, they shall be shut up in a Monastery all their life time, yet without being depriv'd of the Communion.

The eighth is, That Clergy-men being Convicted of a false Testimony and of Robbing, shall be degraded without being depriv'd of the Communion; and that perjur'd Clergy-men shall be put under Penance for the space of two years.

The ninth forbids to admit those into Orders who have had Concubines.

The tenth Canon is about Marriage between Persons within the forbidden Degrees. Those shall not be excluded Communion who married their Kinswomen before their Baptism, or who did not know of the Prohibition: But as to those who contracted these Marriages since their Baptism, and knew the Prohibitions, they shall be Excommunicated until they part from one another. These for∣bidden Degrees are his Father's Widow, his Wife's Daughter, his Brother's Widow, his Wife's Si∣ster, his Cousin-German, or her Issue, his Uncle's Widow.

The eleventh forbids Clergy-men to exempt themselves from the discharge of their Office under any pretence whatsoever, and deprives those who shall do it of the Rewards which are paid to those Clergy who are in the List of those who serve the Churches, Canonicis.

The twelfth Canon forbids Alienations.

The thirteenth declares, That the Jews are forbidden to impose such things upon their Christian Slaves, as are contrary to the Religion of Jesus Christ. It forbids Christians to contract Marriages with Jews, and to eat with them.

The fourteenth ordains that Masses shall begin at the ninth hour, that the Bishop may be present at the Office of Vespers.

The fifteenth forbids Clergy-men to go into the Diocese of their Brethren, to Ordain Clergy-men or Consecrate Altars there. If a Bishop undertake to do it, he shall be Suspended from Celebrati∣on for one year. The Clergy-men who shall be ordain'd shall be remov'd, but the Altars shall con∣tinue Consecrated. The Clergy-men who go to dwell in the Diocese of another Bishop, cannot be promoted to a superior Order; nay, Communion shall be deny'd to a Priest or Deacon, who have not Letters from their Bishop.

The sixteenth Excommunicates Ravishers, and those who are ravish'd, if they consent to dwell with their Ravishers.

The seventeenth declares, That the Successors of a Bishop cannot recall the Favours done by his Predecessor to Clergy-men, but only those which he did himself.

The eighteenth ordains, That it shall be at the Bishops disposal to deprive Clergy-men of the Ec∣clesiastical Revenews, to whom the Government of a Monastery belongs, or a Chappel, or another Preferment, because the Revenew of this Preferment ought to satisfie him.

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The nineteenth, That Clergy-men being disobedient to the Bishop, shall be depriv'd of their Mi∣nistry, until they have given him Satisfaction. * 1.21

The twentieth, That the Clergy-mn who thinks himself abus'd by his Bishop, shall have recourse to a Synod.

The one and twentieth forbids the Cabals of Clergy-men.

The two and twentieth is against those who usurp the Churches Possessions.

The three and twentieth forbids Abbots, Priests and Deacons to alienate them.

The four and twentieth says, That the Benediction of Penance should not be granted to Persons who are yet young, nor to married Persons without the consent of both Parties.

The five and twentieth, That those who abandon the Life of a Penitent to return to a Secular Life, shall be Excommunicated till death.

The ix and twentieth, That the Farmers of Customs or Debtors shall not be ordain'd until they be discharg'd.

The seven and twentieth forbids Deacons and other Clergy-men to lend upon Usury.

The eight and twentieth permits Men to ride on Sundays on Horsback, or in Coach, to dress Vi∣ctuals, to do what concerns the neatness of the Body or the House; but forbids them to walk ino the Country.

The nine and twentieth forbids Lay-men to leave Divine Service, before the Lord's Prayer be said, and the Bishop has given the Blesing.

The thirtieth says, That Jews shall not be suffer'd to be present with Christians, from Holy Thurs∣day till Easter.

The one and thirtieth Excommunicates those Judges, who knowing any Heretick to be re-bap∣tized, did not accuse him, and cause him to be punish'd.

The two and thirtieth forbids Clergy-men to bring an Appeal against any Man before Lay-Judges, and Lay-men to bring an Appeal before them against the Clergy, without the Bishop's leave.

The three and thirtieth is an Imprecation against those who shall not observe these Canons.

The Council of Barcelona held in the Year 540.

THis Council consisted only of seven Bishops of the Province, and made but a few Canons, and those so short, that they cannot be abridg'd. Here they follow whole and entire.

1. That the fiftieth Psalm shall be sung before the Canticle.

2. That the Blessing shall be given to the Faithful at Mattins as well as Vespers.

3. That no Clergy-man shall suffer his Hair to grow or shave his Beard.

4. That the Deacons shall not sit down in the Assemblies of Priests.

5. That in the Absence of the Bishop the Priests shall read the Collects.

6. That Men under Penance shall have their Hair cut, wear a Religious Habit, and spend their Life in Fasting and Praying.

7. That Penitents shall not be present at Festivals, that they shall meddle with no business, that they shall only live frugally in their own Houses.

8. Those who desire Penance being sick, shall receive it of the Bishop, upon condition that if they recover their health, they shall lead the Life of Penients, yet without laying hands upon them again; and that they shall continue separate from Communion, until the Bishop approve of their Behaviour.

9. The Benediction of the Viaticum is to be given to those that are in danger.

10. As to Monks, that shall be observ'd which was ordain'd by the Council of Chalce∣don.

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The fourth Council of Orleans held in the Year 541. * 1.22

ONe and forty Archbishops or Bishops of France, were present personally, or by their Deputies at this Council held in the Year 541, which made eight and thirty Canons.

By the first it is ordain'd, That the Feast of Easter shall be celebrated every year according to the Table of Victorius, and that the day of celebrating it shall be declar'd every year on the day of E∣piphany.

By the second it is order'd, That all the Churches shall keep a Lent of forty days, and that they shall not be dispens'd with from Fasting on Saturdays, but only on Sundays, except in case of weak∣ness.

The third forbids the chief Citizens to celebrate the Feast of Easter, and other great Festivals out of the City, and the Assembly of that Church in which the Bishop presides.

The fourth forbids to offer in the Chalice any thing but Wine mix'd with Water.

By the fifth it is declar'd, That the Bishop should be regularly ordain'd in the Church over which he is to preside; but if he cannot, he shall be ordain'd in the Province in the presence of the Metro∣politan, or with his consent, by the Bishops of the Province.

The sixth ordains Clergy-men, who govern Parishes, to receive from the Bishops the Rules and Canons which are necessary for them, that neither they, nor their People may be capable of any ex∣cuse thro Ignorance of them.

By the seventh, Lords are forbidden to place Ecclesiasticks in the Chappels belonging to their Lands, unless they be chosen by the Bishop in whose Territory they are situate.

In the eighth, The manner and length of their Penance who fall into Heresie, is left to the discre∣tion of the Bishop.

The ninth declares, That the Alienations or Mortgages of Church-Lands made by a Bishop, who leaves nothing of his own Possessions to the Church when he dies, shall be revok'd: That not∣withstanding, if he set some Slaves at liberty, they shall continue free, provided they shall serve the Church.

The tenth suspends a Bishop from the Sacerdotal Function, who had ordain'd a Bigamist, or him that married a Widow: If he does not observe this Suspension, it deprives him of the Communion of other Bishops, until the time of the Synod. Lastly, it ordains, that those who shall be ordain'd against the Canons shall be degraded.

The eleventh declares, That the Possessions given out of Piety to Abbies, Monasteries, or Parishes, shall not be appropriated to Abbots, or Priests, but to the Church, and that they cannot alienate them without the consent of the Bishop in writing.

The twelfth ordains Bishops to agree amicably among themselves, or before such Arbitrators as they shall choose, as to all Differences which they may have as to Temporalties.

The thirteenth threatens with Excommunication those who shall force Clergy-men, that are in the actual Service of the Church, and whose Names are matriculated, to accept of Publick Offices, and declares Bishops, Priests and Deacons exempt from Guardianship.

The fourteenth enjoyns Heirs to pay the Legacies given to the Church, or to Priests.

The fifteenth Excommunicates those who having receiv'd Baptism, eat of Meats offer'd to I∣dols.

The sixteenth Excommunicates those who swear according to the Custom of Pagans upon the Heads of Beasts, by calling upon the Names of Pagan-Gods.

The seventeenth forbids Priests and Deacons to have a Bed and Chamber common with their Wives.

The eighteenth declares, That Possessions alienated by Clergy-men, shall be recover'd by the Bi∣shop, tho long Possession may be made use of for a Title.

The nineteenth preserves to Churches the little Farms that have been given them out of Devotion, even without writing.

The twentieth forbids to cite Clergy-men before Secular Judges▪ without the Bishop's leave, and forbids them to appear there, unless they be accompanied with a Priest, or the Arch-deacon, or have the permission of a Pastor.

The one and twentieth is for preserving to Churches the Right of Sanctuary.

The two and twentieth Excommunicates those who make use of the Civil Authority for marrying Maids against the Will of their Parents.

The three and twentieth forbids the Slaves of Churches, or of Priests, to commit Outrages and Robberies.

The four and twentieth declares, That those Slaves are not to be protected who retire into Chur∣ches for marrying aginst their Master's Will.

The five and twentieth is against those who invade the Possessions of the Church.

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The six and twentieth enjoyns Arch-deacons to take care that the Clergy of Parishes in the Lands of great Lords do their duty. * 1.23

The seven and twentieth renews the thirty Canons of the Council of Ep•…•… about prohibited de∣grees.

The eight and twentieth declares, That the Bishop shall impose such Penance as he shall judge con∣venient, upon those who are guilty of Murders, tho they have got their pardon.

The nine and twentieth, That Women who shall commit Adultery with Clergy-men, shall be put under Penance.

The thirtieth, That Christian Slaves, who are in the hands of Jews, may be deliver'd from their Tyranny, when Christians shall be found who are willing to pay the Price at which they are esti∣mated.

The one and thirtieth declares, That Jews who would perswade their Slaves to become Jews by promising them Liberty, shall lose these Slaves; and that Christians who shall obtain their Liberty upon condition of becoming Jews, shall continue Slaves.

The two and thirtieth, That the Posterity of Slaves shall be obliged to the Service and Offices under which their Ancestors obtain'd their Liberty, tho it be never so long ago.

The three and thirtieth▪ That he who would have a Parish in his Land, ought to give a parcel of Ground to it, and to appoint a sufficient number of Clergy-men to say Service there.

The four and thirtieth, That he to whom the Church has given Land to be enjoy'd for his life time, cannot dispose of the Profits which he shall make of it, and that his Kindred shall have no share of them.

The five and thirtieth concerns the Disposals made by Bishops, which leaves their Successors at li∣berty to approve or reject them; and orders that the time of Prescription shall begin from the day that the Successor is in Possession.

The six and thirtieth, That the Goods given by the Bishop to a Clergy-man of another Church, shall return after his death to the Church to which it belong'd.

The seven and thirtieth ordains, That Synods of the Province shall be held every year.

The eight and thirtieth is a general Prohibition of violating these Canons.

The fifth Council of Orleans.

THis Council was very numerous, and was held in the Year 549; 71 Archbishops or Bishops of France were present at it, who made 24 Canons.

The first condemns the Sect of Eutyches and other Hereticks.

The second forbids Bishops to Excommunicate for slight Causes.

The third is against the dwelling of Women with Clergy-men.

The fourth ordains that Clergy-men who are oblig'd to Celibacy, and do not observe it, shall be depos'd.

The fifth forbids Bishops to take or ordain the Clergy of their Brethren.

The sixth declares, That Slaves shall not be admitted into Orders without the leave of their Ma∣sters, and that the Bishops who shall do it, shall give two Slaves for one.

The seventh, That the Slaves to whom the Masters have granted Liberty, shall be defended and protected by the Church.

The eighth, That after the death of a Bishop, no other Bishop shall ordain Clergy-men, or Conse∣crate Altars in his Bishoprick, and that he shall take nothing of the Goods of the vacant Church, but a handsom Present.

The ninth, That none shall be promoted to a Bishoprick, unless he has liv'd a Clerical Life for a year at least.

The tenth, That none shall attain to a Bishoprick by Money or Sollicitation; but the Metropoli∣tan and Bishops of the Clergy shall consecrate him who shall be chosen by the Clergy and the People, with the consent of the King.

The eleventh▪ That such a Bishop shall not be set over the People whom they would not have; and that those who shall obtain a Bishoprick by Force or Interest, shall be depos'd.

The twelfth, That none shall be ordain'd Bishop in the room of a Bishop alive, unless he was de∣pos'd for a Capital Crime.

The thirteenth renews the Penalties decreed against those who retain the Goods given to Churches, to Monasteries, or Hospitals.

The fourteenth is against the Bishops or Clergy who demand the Goods belonging to another Church.

The fifteenth ordains, That neither the Bishop of Lyons, nor his Successors, shall have any share in the Possessions of the Hospital, which King Childebert and the Queen his Wife had founded in this City.

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The sixteenth is against those who would deprive the Church of the Donations which are made to it. * 1.24

The seventeenth refers to the Metropolitan the Differences between Clergy-men and their Bi∣shop, and to a Synod of the Province, the Difference between a Bishop of the Province and his Metropolitan.

The eighteenth Suspends for the space of six Months, the Bishops who come not to the Synod of the Province, being cited thither by their Metropolitan.

The nineteenth ordains, That Women who come into a Monastery, shall continue one year with∣out taking the Habit, and three years, if the Monastery be not of the number of those in which they are shut up for their Life-time. After this they may take the Habit, and if after they have ta∣ken it, they return into the World, and marry, they shall be Excommunicated, together with those that marry them; but if they part and do Penance, they shall be restor'd to Communion.

The twentieth ordains Arch-Deacons to visit the Prisoners every Sunday.

The one and twentieth ordains Bishops to take care of the Leprous.

The two and twentieth contains the Canons concerning the Slaves who fly for Refuge into Churches.

The three and twentieth ordains the holding of the Provincial Synod every year.

The four and twentieth confirms the preceding Decrees.

The Council of Arvernia under King Theodobertus.

THis Council, where ten Bishops were present, confirm'd sixteen Canons of the preceding Coun∣cil.

The Council of Tutella.

THis Council was held in the Year 550, by Order of King Theodobertus, because Persons of Qua∣lity complain'd that Nicetius Bishop of Treves had Excommunicated them upon the account of the unlawful Marriages which they had contracted. Mappinius Bishop of Rhemes being summon'd * 1.25 thither without acquainting him with the reason why it was held, did not think fit to go to it; and having afterward learn'd the reason why it was call'd, he wrote a Letter to excuse himself, to Ni∣cetius Bishop of Treves, wherein he approves what Nicetius had done against the married Persons; but he declares himself to be displeas'd, because instead of writing to him to desire him to come thi∣ther, he had caus'd him to be summon'd by an Order from the King.

The History of the Council of Constantinople under Mennas, held in the Year 536.

IT rarely happens, that General Councils held about Matters of Faith restore Peace to the Church by their Decrees. Men have so great Inclination to their own Sentiments, and do so hardly en∣dure * 1.26 the affront of a Condemnation, that instead of yielding to the Decision given against them, they become more obstinate. They begin to look upon their Judges as Parties, and try all manner of ways, either to prove that they were not condemned, or that their Opinion was not rightly un∣derstood, nor their Reasons fairly heard; or lastly, to weaken the Authority of the Decision given against them. The Council of Nice had condemn'd the Arians, yet how many Disputes followed this Decree? How was the Church toss'd with many Commotions. The Council of Ephesus by proscribing Nestorius and the Orientalists, seems rather to have inflam'd then appeas'd the Diffe∣rence. The seeming Peace that follow'd was only feign'd, for the Fire of Division still rag'd in Men's minds, which broke forth in a little time after, and set the whole East in Combustion. The

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Council of Chalcedon having treated of these things with much moderation, and explain'd them in very intelligible terms, should have reconcil'd men's minds: Marcianus caus'd it to be receiv'd almost every where; yet this Emperor was no sooner dead, but the troubles of the Church reviv'd again with greater violence then before.

After the Deposing of Dioscorus Bishop of Alexandria, who was immediately banish'd to Gangra, the Emperor gave order to the People and Clergy of Alexandria, to choose one to succeed in his room. The greater part of the People oppos'd it, and this occasion'd a great Sedition, which was not appeas'd without much difficulty: But at last they were forc'd to obey, and Proterius was plac'd upon the Episcopal Throne. But the People of Alexandria being naturally inclin'd to Sedition, would not permit him peaceably to enjoy this Dignity. The far greater number separated from his Communion, and he was many times in danger of his Life; insomuch that the Emperor appointed Guards to attend him. But the News of the Death of Marcianus was no sooner arriv'd at Alexan∣dria, but the People taking occasion from the absence of the Governour, chose a Priest of Dioscorus's Faction, call'd Timotheus Aelurus, and having carried him to the great Church, caus'd him to be or∣dain'd Bishop. At the same time the Seditious went to find out Proterius, who was at the Font, where they run him thro the Body, and dragg'd it thro the Streets, burnt it, and threw the Ashes into the Air. This happen'd three days after the Feast of Easter in the Year 457.

The Clergy of Alexandria carried their Complaints to the Emperor Leo about this horrid Villany: The Complices of Timothy presented also their Libel to this Emperor, which tended to destroy what was done by the Council of Chalcedon. The Emperor being unwilling to give the Bishops the Fa∣tigue of coming to a new General Council, did only write a Circular Letter to them to desire their Opinions; and having receiv'd their Answers in favour of the Council of Chalcedon, and against Timothy, caus'd Timotheus Aelurus to be turn'd out, who was banish'd to Chorsona, and one call'd Ti∣mothy▪ surnam'd Salophaciolus, to be plac'd in his room. This Bishop liv'd in Peace under the Reign of Leo and his Successor Zeno: But the Tyrant Basiliscus having invaded the Empire, recall'd Timo∣theus Aelurus to Constantinople, after eighteen years banishment, and by his perswasion wrote a Circu∣lar Letter against the Council of Chalcedon, and the Letter of St. Leo. Not only Timotheus Aelurus sign'd this Letter, but also Peter Mongus the Patriarch of Antioch and Anastasius. Their example was follow'd by almost five hundred Bishops. Timotheus Aelurus was restor'd, and Salophaciolus forc'd to fly and hide himself in a Monastery. Acacius of Constantinople, and many other Bishops, disap∣prov'd the Condemnation of the Council, and Basiliscus himself was forc'd to recall it by another Cir∣cular Letter, because of a Sedition which the Monks had rais'd at Constantinople.

Zeno having re-ascended the Throne, restor'd the Affairs of the Catholicks. Peter was forc'd a∣way from Antioch: Stephen, and afterwards Calendion, were ordain'd in his room. Timotheus Aelu∣rus being dead, the People of Alexandria chose Peter Mongus; but Zeno caus'd him to be turn'd out, and restor'd Timotheus Salophaciolus. After his death John Talaia was ordain'd in his room by those of his Party. But Zeno taking a fancy to restore Peter Mongus, made a Decree of Union, where∣in he expounded the Faith of the Incarnation after a Catholick manner, receiv'd the Chapters of St. Cyril, acknowledg'd no other Rule of Faith but the Nicene Creed, and said nothing of the Council of Chalcedon. Peter having sign'd this Decree was restor'd to the See of Antioch, and own'd by A∣cacius. But the Holy See and the Western Church would not acknowledge him, and receiv'd Ta∣laia who had retir'd into the West. Upon this occasion they fell out with Acacius, and were much dissatisfy'd with what the Emperor Zeno had done for the Peace of the Eastern Church. This mat∣ter went much further, for they condemn'd Acacius, as we have already seen, and wholly separated from his Communion. In the mean time Peter Mongus, who had acknowledg'd the Council of Chalcedon, to reconcile himself to Acacius, did afterwards publickly condemn it, to obtain the good will of the People of Alexandria. Acacius being dead, had Fravitus, and afterwards Euphemius, for his Successors, who having receiv'd a Letter from Peter Mongus, wherein he anathematiz'd the Coun∣cil of Chalcedon, was preparing to condemn this Bishop, if the death of Peter had not prevented him. Athanasius, who succeeded him, and two other Patriarchs of Alexandria who follow'd him, be∣ing both call'd by the name of John, were of the same Judgment. But these last mention'd, made yet a more visible Defection from the Church, by condemning openly the Council of Chalcedon. There were then three Parties in the Church: One receiv'd the Council of Chalcedon, another re∣jected it, and a third held to Zeno's Edict of Agreement, without saying any thing of the Council of Chalcedon. This difference of Opinions divided the Churches. The West separated from the East, and the Eastern Bishops did not agree among themselves. The Egyptians would not communicate with the Bishops of Constantinople, because they approv'd the Council of Chalcedon. The Emperor Anastasius favor'd those who receiv'd the Decree of Union, and turn'd out those who admitted or condemn'd the Council of Chalcedon. In the mean time he secretly favour'd the Enemies of the Council, who had forc'd away Flavianus Patriarch of Antioch, and Macedonius Patriarch of Con∣stantinople. There was then at Constantinople an Egyptian Monk, call'd Severus, who was a cun∣ning intrigueing Man, he was the chief cause of Deposing these two Patriarchs, and found a way to possess himself of the See of Antioch. Assoon as he had usurp'd it, he wrote a Synodical Letter to all the Bishops of the East, wherein he anathematizes the Council of Chalcedon. This Letter was not receiv'd in Palestine, and many Bishops of the Patriarchate of Antioch rejected it, being unwil∣ling to acknowledge Severus for a lawful Bishop. There were also two Bishops of his own Patriar∣chate,

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who had the boldness to send him Letters, wherein they declar'd him Excommunicated and Depos'd. In the Year 518 Justinus having succeeded the Emperor Anastasius, gave order to Ire∣neus to seize Severus, and cause his Tongue to be cut out, but he fled to Alexandria, and Paul a Catholick Bishop was plac'd in his room.

The Church of Alexandria had not yet quitted her Opinions; Dioscorus the younger, and Timo∣thy, who succeeded one another, had condemn'd the Council of Chalcedon. The last of them re∣ceiv'd Severus favourably, and Julian of Halicarnassus, who had been turn'd out of his Bishoprick upon the same account. Then there arose a Contest among those of this Faction, concerning the Corruptibility or Incorruptibility of the Body of Jesus Christ. A certain Monk ask'd Severus, whe∣ther he believ'd the Body of Jesus Christ to be incorruptible or corruptible. He answer'd him, That the Holy Fathers of the Church held it to be corruptible. The same Question being put to Julian of Halicarnassus, he answer'd quite contrary. These two opposite Answers were follow'd with Writings on one side and t'other, which gave the rise to a Schism among those of this Faction; the one were call'd Corrupticolae, and the other Phantafiastae. Timothy was of Severus's Opinion, and a Deacon call'd Themistius made himself Head of the contrary Party.

In the Year 527, Justinus associated Justinian to himself in the Empire. This Emperor was in∣clin'd to maintain the Council of Chalcedon as well as Justinus; but the Empress Theodora was of their Party, who said that the Body of Christ was incorruptible. For maintaining it, after the death of Epiphanius Patriarch of Constantinople, she fetch'd Anthimus from Trapezus, who was devo∣ted to her Sentiments, and caus'd Theodosius to be ordain'd at Alexandria: But the People oppos'd this Ordination, and chose Gaianus, who was enthron'd by that Party which maintain'd that the Body of Jesus Christ was corruptible. The Empress caus'd him to be forc'd away, and restor'd Theodosius; but the continual Insurrections of the People forc'd him to retire, and to come to Con∣stantinople, whence he was driven away by the Emperor's order, because he would not acknowledge the Council of Chalcedon, and Paul the Catholick was Ordain'd in his room by Mennas.

Within a little time after the Pope Agapetus coming to Constantinople, who was sent by Theodatus King of the Goths, refus'd to receive Anthimus into his Communion, and endeavour'd to force him to retire to Trapezus, and to make a Confession of the Catholick Faith. Anthimus refusing to do it was condemned by Agapetus, who ordain'd Mennas Patriarch of Constantinople in the Year 536. Agapetus dying afterwards at Constantinople, Anthimus and his Adherents us'd all their endeavours to get the Power into their own hands, and while they disturb'd the Church by their Seditions, a Council▪ was held at Constantinople in the Year 536. Mennas Patriarch of Constantinople presided in it, and had at his right hand five Bishops deputed from the Holy See, and seven and twenty other Bishops, and at his left hand three and twenty Bishops more.

The Deacons deputed from the Holy See, from the Patriarchs of Antioch and Jerusalem, and from the Archbishops of Caesarea, Ancyra and Corinth, were present there.

The first Action or Session was held on the second of May. The Deacon Euphemius, chief of the Notaries, represented that Marianus, Priest and Abbot of the Monastery of St. Dalmatius, the prin∣ciple Monk of Constantinople, and the Monks of Antioch and Jerusalem, had presented a Libel to the Emperor, who had referr'd them to the Decision of this Assembly. Mennas order'd that they should be call'd in, together with an Ambassador from the Emperor who brought them. He presented to the Council the Libel which the Monks had given to the Emperor, which was read by the Notary Acacius. It contain'd in substance, That Anthimus, Severus, Peter, Soaras, and those of their Sect, did not only publish their Errors, but stirr'd up every where Commotions and Seditions, and that being come to Constantinople, they had built Altars and Fonts in the City and Suburbs, in opposition to the true Altars of the Church; That Anthimus, formerly Bishop of Trapezus, being engag'd in this Faction of Hereticks, endeavour'd to invade the See of Constantinople; That he had been forc'd away from thence by the Pope Agapetus, and by Mennas, who was lawfully ordain'd; That from that time they had demanded, that he should be oblig'd to return to Trapezus, after he had declar'd in writing this disowning of what was done, and had purg'd himself from the Heresie whereof he was accused, or otherwise that he should be wholly depriv'd of the Priesthood; That Agapetus had prevented their desire by condemning him, and those of his Sect, and depriving him of the Sacer∣dotal Dignity, and the Name of a Christian, until he had done Penance; That this Pope being dead, they immediately address'd themselves to the Emperor, to pray him to confirm and execute this Judgment, that the Church might be at peace. After the reading of this Libel, Marianus pre∣sented a Memorial to the Council, which contain'd almost the same things. After this were read the several Instruments of the Process against Anthimus. The first is the Libel which these Monks had presented to Pope Agapetus, against Anthimus, Severus, Zoaras, and the other Acephali, whom they accus'd of the Eutychian Error, of holding unlawful Assemblies, of reiterating Baptism, of in∣vading the Sees of Catholick Churches, of taking their Churches by force, of erecting Altars and Fonts in contempt of the Catholick Church; particularly they accuse Anthimus of endeavouring to possess himself of the Church of Constantinople. They pray the Pope to oppose these Evils: They tell him, that as St. Peter came from the East to Rome to defeat the Tricks of Simon the Magician, so God had sent him from the West to the East to destroy there the Faction of Anthimus, Severus, and of Zoaras; That he ought, in imitation of what Celestine did to Nestorius, to prescribe a certain term to Anthimus, wherein he shall be bound to present a Writing to the Holy See, to the Pope and to the Patriarch of Constantinople, by which he shall purge himself from all Heresie, and to return

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to his Bishoprick of Trapezus; which time being expir'd▪ if he did not give satisfaction, then he should be declar'd to be depriv'd and unworthy of any Ecclesiastical Dignity, and another should be pro∣moted in his room to the See of Trapezus: Lastly, That in order to the puting a full end to this Commotion, he should desire of the Emperor, that Severus, Peter and Zoaras, and those of their Sect should be turn'd out of their Church, that they should be forbidden to hold Assemblies, and that their Writings should be burnt in the Fire.

The second Instrument of the Process against Anthimus, is the Libel which the Eastern Bishops presented to Pope Agapetus, against Anthimus, Peter, Severus and Zoaras, whom they chiefly ac∣cus'd of reviving the E••••ychian Heresie. There they tell a story at length, which was only told o∣verly in the preceding Libel, of one Pers••••us call'd Isaac, of their Sect, who had tore a piece of Stuff, wherein the Image of the Emperor was painted.

The third is a Circular Letter of the Pope Agapetus, wherein he declares Anthimus Depos'd, his Followers Excommunicated, and Mennas the lawful Bishop of Constantinople.

After the reading of these Instruments, Deputies were nam'd to give Anthimus notice of what had pass'd, and to invite him to come within three days to the Council, to give that satisfaction which was to be wish'd, or to defend himself.

In the following Session held on the sixth of May, the Deputies declar'd. That having sought for Anthimus in the places where he dwelt, they could not meet with him. Then-other Deputies were nam'd again to seek for Anthimus, and to cite him to appear within three days.

This time being expir'd, an Assembly was held on the tenth of the same Month: The Deputies declar'd, That having sought for Anthimus both in his City-house and in that which is in the Suburbs, and in the House of Peter formerly Bishop of Apamea, and in the Chappels and Monasteries, they could not meet with him, nor learn the place of his abode. New Deputies were nam▪d again to seek for him, and that he might be utterly disabled to pretend ignorance of what was done, it was declar'd that notice should be given him by a publick Advertisement.

In the fourth Action held on the one and twentieth of May, after the Deputies had depos'd that they could not meet with Anthimus, and that the publick Placart had been read by which he was cited, the Council declar'd him to have fal'n from the See of Trapezus, from all Ecclesiastical Dig∣nity, and to be unworthy of the Name of Catholick. Mennas pronounc'd the same Sentence for his own part against him. This Judgment was follow'd with many Acclamations in honour of the Em∣peror, against Anthimus, Severus, Peter, and Zoaras, and against their Followers.

In the fifth Action on the fourth of June, Theodorus Commissioner from the Emperor, presented to the Council two Libels, one from Paul of Apamea, and the Bishops of the second Syria, and ano∣ther from the Monks of Jerusalem, and of the same Province, against Severus who assum'd the Title of Bishop of Antioch, against Peter who call'd himself Bishop of Apamea, and against Zoaras whom they accus'd of maintaining the Sentiments of Eutyches, and of troubling the Catholick Church. The Monks themselves presented one much larger to the Synod, wherein they describe at greater length the Evils which the Church had suffer'd by the Acephali, the Blasphemies which they spoke against the Council of Chalcedon, the Outrages and Murders which they had committed, the Re-ordi∣nations and Re-baptizations which they had us'd, and the disorders of their Life. They pray the Council to anathematize particularly, Severus, Peter, Zoaras, and their Followers. The Opinion of the Bishops of Italy was ask'd, who said, That they look'd upon Severus and Peter as Hereticks, ac∣cording to the Letters of Hormisdas, to Epiphanius Patriarch of Constantinople, which they pro∣duc'd, and which were read in the Council. After this was read the Libel of the Clergy and Monks of Antioch to John the Patriarch of Constantinople against Severus, wherein he was accus'd of an ill Life, of keeping Communion with no Church, of invading the Church of Antioch by force, of having maintain'd the Eutychian Errors, and condemning the Council of Chalcedon, of having abus'd and kill'd many Monks, not sparing even the Altars and holy Vessels, but breaking the one and melt∣ing the other, of appropriating to his own use the Doves of Gold and Silver which were on the Fonts or Altars, of having robbed Houses, and pawn'd the Goods of the Church. This Libel was pre∣sented to the Council held at Constantinople in the Year 518, who receiv'd also another from the Monks of Constantinople, containing five Heads. The first is, That Euphemius and Macedonius, who had been unjustly forc'd away from their Sees, and were dead in Exile, were to be rank'd among Patriarchs▪ and their Names put again into Diptychs. The second, That those who had been turn'd out of their Sees, and banish'd upon the account of these two Patriarchs, were to be re∣stor'd. The third, That the Names of the Councils of Nice, of Constantinople and Ephesus, be put into the Diptychs. The fourth, That the Letters of St. Leo, and the Council of Chalcedon be joyn∣ed to them. The fifth, That what Severus had affirm'd against the Authority of the Council of Chalcedon may be rejected. and he himself condemn'd as a Heretick and a Blasphemer: The Bi∣shops assembled in the Council of Constantinople, approv'd the Requests contain'd in this Libel, and desir'd the Patriarchs to joyn with them, and to pray the Emperor to grant what they desir'd. Af∣terwards the Acclamations of the People are recited, which oblig'd John of Constantinople to declare publickly that he receiv'd the Council of Chalcedon, and to place the Names of the four first Coun∣cils in the Diptychs, together with those of Euphemius and Macedonius. The Letters also are reci∣ted which he wrote upon this occasion to John of Jerusalem, and to Epiphanius of Tyre, and the An∣swers of these Bishops. The Letter of the last is remarkable, because it specifies many Crimes of Se∣verus.

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He says, That he had many times anathematiz'd the Council of Chalcedon, that he had re∣ceived the Clergy-men which were Excommunicated by their Bishops, that he had depos'd Priests * 1.27 who would not consent to his Impieties, that he had ordain'd Suffragan Bishops, and Titular Priests in Foreign Dioceses; that he had permitted a Bishop to ordain in the Diocese of another; that he had sold away the Goods of the Church of Antioch to enrich himself; that he had mov'd those who are maintain'd out of the Ecclesiastical Offerings, to make Schisms and Commotions; Lastly, that he was an Enemy to Peace and Truth. He speaks also of a Priest of his own City, call'd John, who had the boldness to anathematize the Letter of St. Leo, and the Fathers of the Council of Chalcedon; who durst hold unlawful Assemblies, and celebrate forbidden Baptisms, insomuch that there have been seen, which never happen'd before, two contrary Processions of Persons baptiz'd; who had stirr'd up Commotions and Seditions, caus'd a Cross to be ston'd, abus'd a Bishop, and committed many other Outrages. The same things are objected to him in the Letter of the Bishops of the se∣cond Syria, which is related in this Council. After this were read the Informations of Peter of A∣pamea, and the Letter which his own Clergy had written against him to the Bishops of the second Syria, wherein they accuse him of saying to his Readers, who desir'd to be promoted to Holy Or∣ders, Unless ye hold your peace I will ordain you all Sub-deacons, and when the crucified Man shall descend, he shall not pluck you out of my hands; of having made an ill use of the Church; of ha∣ving baptiz'd a Woman of a bad Life; of holding immodest Discourses in the Church; of enter∣taining frequently a Comedian Woman in private; of wearing thro Pride a white Garment as a sign of his Innocence; of spitting upon the Altar in the time of celebrating the Mysteries; of refusing to baptize the Catechumens at the season; of keeping about him a multitude of Women, and commit∣ting Crimes with some of them; of persecuting and anathematizing the Catholicks; Lastly, of esta∣blishing the Eutychian Heresie, destroying the true Faith, and subverting Discipline. The Monks of Apamea complain'd also of the Outrages which he had committed against them. Their Libel was read in the Council, and then the Sentence of Epiphanius, Patriarch of Constantinople, and of his Council, against Severus and Peter, which was follow'd and confirm'd by that of Mennas, and all the Bishops of the Council of Constantinople. Justinian joyn'd his Authority to that of this Council, and ordain'd by his Edict, That the Sentence of the Council against Anthimus, Severus, Peter, and Zoaras should be executed, forbids them to continue at Constantinople, condemned their Writings to the fire, and forbade all Transcribers to write them for the future, under the Penalty of having their Hand cut off. Lastly, He does most strictly forbid all those who held the Opinions of Nestorius, Eutyches, Severus, or other Hereticks, to stir up any Sedition, or give any Disturbance to the Peace of the Church.

The Patriarch of Jerusalem having receiv'd this Law from the Emperor, and a Letter from Men∣nas, which acquainted him with the Sentence given at Constantinople, assembled his own Council, con∣sisting of the Bishops of the three Palestines, wherein the Condemnation of Anthimus, Severus, Peter and Zoaras was approv'd.

The History of the second Council of Constantinople, which is commonly call'd the fifth General Council.

THe Commotions wherewith the Eastern Church had been toss'd after the Council of Chalcedon, seem'd to be appeas'd by the Deposition of Anthimus, and the Condemnation of Severus. The Bishops of the great Sees were all of one and the same Communion, and profess'd to follow the Do∣ctrine of the Council of Chalcedon. Egypt, where the Error of the Eutychians had been more deep∣ly rooted then in any other place, was almost wholly recover'd from it's defection, by the Care of Paul, whom Mennas had ordain'd Bishop of Alexandria; for this Bishop having obtain'd Orders of the Emperor, address'd to the Governors and Intendants of the Province, was careful and diligent to drive away all the Hereticks, and to cause the Council of Chalcedon to be receiv'd in the Churches and Monasteries of Alexandria. 'Tis probable that Elias General of the Militia of Egypt, did not favour Paul's undertaking, which made this Bishop resolve to have him recall'd. Psoius Deacon and Steward of the Church of Alexandria, immediately acquainted Elias with the design which Paul had against him. One of the Letters of Psoius falling into the hands of Paul, he resolv'd to be re∣veng'd upon him, to call him to an account for the management of the Churches Possessions, and for this reason prosecuted him before the Governor, call'd Rhodon. This Magistrate put the Steward in Prison, and caus'd him to be put to death, some days after, in Prison, at the sollicitation of one nam'd Arsenus. The Children and Kinsfolk of Psoius, having desir'd Justice of the Emperor, he remov'd Rhodon from the Government of Egypt, and sent Liberius in his room, whom he order'd to inform himself of this Murder. Rhodon was not wanting in his own defence to say, That he put Psoius to death by order of the Bishop Paul; but he had no proof against him: and there was proof

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that Arsenus was the cause of this Murder. Nevertheless, either because Paul was not fully justifi∣ed, or because he was accus'd of other Crimes, he was banish'd to Gaza, where he was depriv'd of the Pallium, and depos'd by Pelagius Surrogate of the Roman Church, and by three Bishops who or∣dain'd Zoilus in his room in the Year 539, or 540.

Pelagius returning from this Dispatch of Affairs, brought along with him some Monks of Jerusa∣lem. These Monks were call'd Eulogius, Conon, Cyriacus, and Pancratius. They brought with them some Propositions taken out of Origen's Books, with a design to have them condemn'd with Origen himself. Pelagius and Mennas supported their Pretensions, out of a secret Aversion which they had to Theodorus Bishop of Caesarea in Cappadocia, a great Defender of Origen. Justinian the Emperor being mightily pleas'd to find this occasion of judging in Ecclesiastical Matters, caus'd to be present∣ly drawn up a large Declaration against the Errors o Origen, which he address'd to all the Patri∣archs. This Edict, which was publish'd in the Year 541, is found after the Acts of the fifth Coun∣cil, altho it should precede them. It begins with these words: We have often earnestly desir'd to pre∣serve the Christian Faith in its purity, and to maintain the Catholick Church in peace: And this was al∣ways our chief and greatest care, being fully perswaded that it is the best means to preserve that Secular Empire which God has given us, to conquer the Enemies of our State, and to feel the happy Effects of the Divine Mercy in another Life. Now tho the Enemy of Mankind seeks all occasions to destroy Men, yet the goodness and mercy of God defeats all the Efforts of his Malice, and by confounding his Enemies, pre∣serves his own Flock from the Infection and Desolation which he threatens it. We speak thus, adds the Emperor, because we are told of some Persons who have not the Fear of God before their Eyes, and who have forsaken the Rule of Truth, without which there is no Salvation, by departing from the Doctrine of the Scripture, and of the Doctors of the Catholick Church, who have maintain'd the Orthodox Faith, and condemn'd all Heresies, by adhering to Origen, and maintaining his impious Doctrines, like to those of the Arians, Manicheans, and other Hereticks. After this Preface Justinian recounts the Errors which he ascribes to Origen. The first is about the Trinity: The second about the Plurality of Worlds: The third about the Prae-existence of Souls: The fourth, That the Heavens and Stars are animated: The fifth, That the glorified Bodies shall be of a round Figure: The sixth, That the Torments of the Damned shall have an end. After he has refuted these Errors, he orders Mennas to call an Assembly of Bishops who shall meet at Constantinople, and of Abbots of Monasteries, and to cause them to Anathematize Origen, and the Errors which he had noted before. He forbids for the future to ordain Bishops or Abbots, unless they do the same. He adds, That he has sent Copies of this Letter to Pope Vigilius, and to the Patriarchs of Alexandria, of Antioch and Jerusalem. He subjoyns to this Letter the Propositions extracted out of Origen, and nine Anathematisms against the preceding Errors, together with a tenth against the Person of Origen.

He wrote also at the same time another Letter to the Bishops who were to assemble, wherein he exhorts them to read his Letter, to condemn the Errors which he had related in it, and to anathema∣tize Origen, and all those who are of his Judgment in these things.

Menas having receiv'd this Letter call'd an Assembly at Constantinople, where the Emperor's Orders were exactly obey'd, as appears by the Synod's Letter to the Emperor, reported by Evagrius B. 4. of his Hist. ch. 38.

Theodorus of Caesarea, out of hatred to whom Pelagius resolv'd to procure the Condemnation of Origen, thought it his best way to be reveng'd, to make use of a like Artifice. He was of the Sect of the Acephali, i. e. of the Eutychian Opinions, and an Enemy to the Council of Chalcedon. The Empress Theodora favour'd this Party: but the Emperor Justinian would have the Decrees of the Council of Chalcedon put in execution, and prepared to publish an Edict against the Acephali. Theo∣dorus of Caesarea, being desirous to avoid this Blow, and at the same time to be reveng'd for what was done against Origen, represented to Justinian, That it was needless to make an Edict against them, assuring him that they would all be re-united, and approve the Council of Chalcedon, if he would give order to Anathematize Theodorus of Mopsuesta, and his Writings, to condemn the Wri∣tings of Theodoret against St. Cyril, and the Letter of Ibas, which was read in the Council of Chal∣cedon.

Theodorus of Caesarea had two designs in making this Proposal; The first was to be reveng'd on those who had procured the Condemnation of Origen, by causing Theodorus of Mopsuesta to be Ana∣thematiz'd also, who had written against him, and was hated of the Origenists. The second was to weaken the Authority of the Council of Chalcedon, by causing those Persons and Writings to be condemn'd which it seem'd to have approved. The Emperor, who did not penetrate into the depth of these Designs, imagining that he might do much good to the Church, in procuring the reconci∣liation of many Persons, by condemning three dead Writers, whose Reputation was very doubful, made no scruple to promise Theodorus what he desir'd. But he fearing lest the Emperor, who was na∣turally inconstant, should change his Resolution, when he should foresee the Scandal which this Un∣dertaking would produce, did cunningly ingage him to publish an Edict, containing a Condemnation of the three Articles we have just now mention'd, which were afterwards so famous under the Name of the three Chapters.

This Edict was publish'd toward the end of the Year 545, and is related after the Acts of the fifth Council, p. 683. 'Tis entituled, The Emperor Justinian's Confession of Faith against the three Chapters, and address'd to the Assembly of the Catholick and Apostolick Church. 'Tis indeed a ve∣ry

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large Exposition of Faith, which the Emperor proposes to all the World, endeavouring to re-unite all Sects to the true Faith. First, He explains in a few words the Doctrine of the Church concerning the Trinity; but he enlarges very much upon the Mystery of the Incarnation, which he does very exactly explain, rejecting all the contrary Errors, and chiefly those of the Nestorians and Eutychians. He subjoyns to it Anathematisms for condemning them yet more formally. He pro∣nounces an Anathema against Arius, Eunomius, Macedonius, Apollinarius, Nestorius and Eutyches. If he had stop'd there his Edict had been very useful, and had not been the cause of any Disturbance. But he adds lastly, three other Anathematisms; one against the Doctrine and Person of Theodorus of Mopsuesta; another against the Writings of Theodoret; and the last against the Letter of Ibas to Maris Persanus. Now since these three last Anathematisms were the moving Cause which made Ju∣stinian undertake to publish this Confession of Faith, it is not to be wondred that he endeavours to justifie them. First he labours to prove that the Council of Chalcedon did not approve the Letter of Ibas, and that it was impious. Afterwards he proceeds to Theodorus of Mopsuesta; and because ma∣ny scrupled to Condemn him upon the account of his being dead, he endeavours to show that the Dead may be anathematized. This he proves, 1. Because the Church has many times anathema∣tized Hereticks after their death. 2. Because the Council of Constantinople anathematized Arius and Macedonius by name, whom the Council of Nice had not nam'd. 3. Because the Church of Mop∣suesta had already remov'd out of the Diptychs the name of Theodorus. 4. Because Theodorus ha∣ving taught an impious Doctrine, could not be partaker of the Kingdom of Heaven, and conse∣quently ought to be anathematized. He adds, That Damasus and the Bishops of Sardica had ana∣thematized the Bishops who departed from the Faith of the Nicene Council, the Dead as well as the Living; that the Council of Chalcedon had condemn'd Domnus after his death, for believing only that he must not speak of the twelve Chapters of St. Cyril; that besides, it was not true that St. Cyril had prais'd Theodorus of Mopsuesta, but on the contrary, he had condemn'd him; that tho he should have prais'd him, yet this would no justifie him, since many Fathers have commended Hereticks, as St. Athanasius and St. Basil who wrote in praise of Apollinarius, and St. Leo who praised Eutyches, be∣fore they knew of their Impiety: That the Letter of St. Gregory Nazianzene to Theodorus, is not to him of Mopsuesta, but to him of Tyana in Cappadocia; Lastly, That the practice of the African Church authorizes the Condemnation of the Dead: That St. Austin had declar'd, That if Caecilian were found guilty of the Crimes whereof he was accused, that he would pronounce an Anathema against him, tho he died in the Communion of the Church; and that it was ordain'd in a Synod of Africa, That the Catholicks who should leave their Possessions to a Heretick, should be anathema∣tized even after their death: That Dioscorus had been anathematiz'd by the Roman Church after his death, tho he had done nothing contrary to the Faith, but only to the Discipline of the Church: That if an impious Person dying in his Impiety could not be anathematized, then the Anathema pronounc'd against an innocent Person, if he died under it, could not be revok'd; and yet the con∣trary was very justly practised with respect to St. John Chrysostom.

Justinian did not only make this Edict, but would have it approv'd in a Synod of Bishops, and that it might have the more Authority, he caused one to be assembled at Constantinople, to which he addressed the Letter which is in Greek after the Edict of Justinian. In it he testifies, That the Em∣perors have always taken care to procure the Condemnation of Heresies, and to maintain the Faith and Peace of the Church, by calling Councils. He brings the Examples of Constantine, who had assembled that of Nice, of Theodosius who had call'd that of Constantinople, of Theodosius the younger, who had conven'd that of Ephesus against Nestorius, and of Martianus who had Summon'd one to be held at Chalcedon. He adds, That since the Celebration of these four Councils, the followers of Nestorius endeavoured to revive his Errors, by defending the Writings of Theodorus of Mopsuesta, of Theodoret and Ibas. He exhorts the Bishops to examine them, and to condemn them as impious.

The Council having receiv'd this Letter from the Emperor, made a Decree in these words: The Council of Chalcedon rebuk'd sharply Theodoret and Ibas, and did not receive them but upon conditi∣on that they should condemn their own Writings, together with Theodorus and Nestorius. And we now Condemn the Hereticks condemned and excommunicated in the preceding Councils, and toge∣ther with them Theodorus who was Bishop of Mopsuesta, and his impious Books: We condemn also what Theodoret has written amiss against the true Faith, against the twelve Chapters of St. Cyril, and against the Council of Ephesus for the Defence of Theodorus and Nestorius: We condemn also the Letter which Ibas is said to have written to Maris Persanus, wherein he denies that the Word of God was born of the Virgin Mary the Mother of God▪ and reckons St. Cyril for a Heretick: He accuses the first Synod of Ephesus, as having condemn'd Nestorius without knowledge of the Cause, &c. He rejects the twelve Chapters of St. Cyril, and defends the Opinions and Writings of Theodorus and Nestorius.

This is all that now remains of the first Council held in the Year 546 at Constantinople: In it there were other Anathematisms pronounced, which the Bishops were made to ▪sign. Facundus re∣ports one of them in the last Chapter of his fourth Book, wherein an Anathema is denounc'd against those who shall affirm, That this Decree was made to destroy the Authority of the Council of Chal∣cedon. This Decision being made without consulting the Bishop of Rome by a Cabal of the Enemies of Agapetus, could not be approv'd by those who were concern'd for the See of Rome. Mennas, who ow'd all that he had to this See, did not without much difficulty resolve to undertake it, and agree

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to it; but the Authority of the Emperor had more power with him then the Interest of the Pope. Nevertheless to carry himself fair, between the one and th'other, he says, That he would not sign but upon condition that the Pope would approve what he did, otherwise he would withdraw his Subscription. This was the Answer which he gave to Stephen the Deacon and Surrogate of the Ro∣man Church, who being then at Constantinople, opposed this Condemnation. Zoilus of Alexandria made his Excuse to the Pope, that he was forc'd to Subscribe. Ephrem of Antiech had resolved not to sign, but that he was threatned to be turn'd out if he did not. Peter of Jerusalem, who at first declaim'd against the Condemnation of the three Chapters, yielded also▪ Lastly, many of the Bi∣shops Protested at their signing, and gave Declarations to the Deacon Stephen, that they did not do it freely. The Deacon Stephen immediately separated from the Communion of Mennas, and his Example was follow'd by some other Bishops.

The Pope Vigilius, who was coming to Constantinople, having receiv'd in Sicily the News of all that had pass'd, and being angry that the thing was done so quickly, and that they had not waited for his Coming before the Decree was made, wrote smartly against what was done, prais'd his Dea∣con for separating from the Communion of Mennas, and demanded that every thing which had been done in his absence, should be null'd, and threatned to be reveng'd for this Enterprize, if he did not receive satisfaction. These Threatnings were not vain, for being arrived at Constantinople on the twentieth of January in the Year 547, he separated from the Communion of Mennas, and the other Bishops who had sign'd the Condemnation of the three Chapters. Nevertheless some Months after having gone to Prayers with the Empress, he was reconcil'd to them, and receiv'd Mennas into his Communion, tho he continued stedfast in his first Resolution not to condemn the three Chapters. But he had not Constancy enough to resist for a long time the Promises and Threatnings of the Em∣press; for he agreed that the next year an Assembly should be held at Constantinople, wherein he caus'd Suffrages to be given in writing; and lastly, made a Decree call'd Judicatum, wherein he condemned the three Chapters, but with this Declaration, that he did not pretend to meddle with the Council of Chalcedon. Facundus and the other Bishops of Afric, as well as those of Illyria and Dalmatia, were much displeas'd with this Writing of Vigilius, and upon that account separated from his Communion. The Deacons Rusticus and Sebastianus openly attack'd his Decision, and every where accus'd him of violating the Council of Chalcedon. This rumor spreading into Gaul and Ita∣ly, Aurelianus of Arles wrote about it to Vigilius, who defended himself in two Letters, wherein he endeavour'd to show that he had done nothing against the Council of Chalcedon, and degraded Rusti∣cus and Sebastianus.

The Emperor, or rather Theodorus of Caesarea, were not satisfied with what the Pope had done. They wish'd that he had absolutely condemn'd the three Chapters without mentioning the Council of Chalcedon. The Pope for his part was troubled, that he had brought upon himself the hatred of al∣most all the Western Bishops. To bring this Affair to some Accommodation, Vigilius propos'd to the Emperor to summon a General Council to meet at Constantinople, to which the Bishops of Afric and Illyria should be cited, and in the mean time to leave things in the same state that they were before this Controversie, and for this end he withdrew his Judicatum, and the Subscriptions of the other Bishops, and he resolved that no more should be said of this Affair until the Meeting of the Coun∣cil. Vigilius thought he had found out a way to put a stop to this Contest; for the Bishops of Afric and Illyria had no Safe-conduct to come to Constantinople, where they foresaw that they should be forc'd to consent to the Will of the Emperor, and they not appearing, Vigilius had a good Excuse for not being present. In the mean time he had by way of Preparation, withdrawn for ever the Writing which had so much displeased the Occidentalists, and was free to take what side he would. But this Artifice did not succeed well, for the Emperor being provok'd with the Delays which the Bishops of Afric and Illyria made, and seeing that Vigilius had trapp'd him, caus'd an Edict which was made against the three Chapters, and was kept secret till then, to be publish'd at the beginning of the Year 551. Vigilius had presently recourse to the ordinary Weapons of Popes, by declaring those who should receive this Edict to be Excommunicated. He caus'd the same thing to be done also by Dacus of Milan.

'Tis easie to conceive the Anger in which Justinian was to see himself treated so harshly: And Vi∣gilius, to shun the Effects of it, retired into the Church of St. Peter. The Emperor sent thither an Officer who would have drawn him forth by force, but the People beat him back, so that Vigilius did not come out till the Emperor had promised him with an Oath that he would do him no hurt. After he had received this Promise he returned into the Palace of Placidia: But finding that they were continually drawing up Indictments, and making Snares for him, he withdrew by night to Chalce∣don to the Temple of St. Euphemia. The Emperor sent to him six Senators to perswade him to re∣turn, but neither they, nor Peter, the Master of Requests to the Church of Constantinople, could make him resolve to surrender himself to the Will of the Emperor; but on the contrary, he publish'd the Sentence of Excommunication against Theodorus of Caesarea, and of Suspension against Mennas, which he had given six Months before, and sent a Circular Letter wherein he represented the Mise∣ries which he was forc'd to endure.

This Firmness of Vigilius astonish'd his Adversaries, and made them take up a Resolution of hand∣ling things with more Moderation. They sent him therefore a Confession of Faith, wherein ha∣ving approv'd the Decrees of the first four General Councils, and the Letters of St. Leo, they consent

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that all the Formularies made for the Condemation of the three Chapters, should be put into his hands. As to the Reproaches and ill Treatment he might have receiv'd, they disallow of them, and ask his pardon for communicating with those whom he had Excommunicated. This Formulary was sent to Vigilius by Mennas, Theodorus of Caesarea, Andrew of Ephesus, Theodorus of Antioch in Pi∣sidia, by Peter of Tarsus, and by many other Bishops, who did all sign it in a distinct Co∣py.

Vigilius having thus compass'd his Design return'd to Constantinople, towards the end of the year 552, where he receiv'd a second Confession of Faith, in the name of Eutychius, who succeeded Men∣nas lately deceas'd on the day of Theophany, i. e. on the sixth of January of the year 553. It was also sign'd by Apollinaris of Antioch, whom the Emperor had plac'd in the room of Zoilus, either because Zoilus would not sign the Edict of Condemnation of the three Chapters, as is reported in the Chronicle of Victor, or because Paul, to whom Zoilus succeeded, had given Money to the Emperor to remove him, in hopes of being restor'd to that See, as Procopius thinks in his Secret History. Howsoever it was, Vigilius who complain'd in his Sentence against Theodorus of the Deposition of Zoilus, and the Appointment of Apollinaris, acknowledges here Apollinaris to be a lawful Bishop by receiving his Confession of Faith; which shows the Inconstancy of this Pope. In short, Domnus the ancient Bishop of Antioch, Elias of Thessalonica, and all the other Bishops of the East, subscrib'd to this second Confession of Faith, in which they made the like distinction as in the former. In it they profess'd to adhere inviolably to the Faith decreed in the four first General Councils, and in the Let∣ters of the Popes, and particularly in those of St. Leo; and afterwards they desire, that since it is necessary to decide the Difference about the three Chapters for restoring Peace to the Church, that this Matter may be handled in an Assembly of Bishops where the Pope shall preside, and where things shall be treated of with that Meekness and Moderation which becomes Bishops. Petimus prae∣sidente nobis vestra Beatitudine, sub tranquilitate & Sacerdotali mansuetudine, communi tractatu eadem Capitula in medio proponenda quaeri & conferri, & finem quaestioni imponi.

The Pope Vigilius accepted this Proposition by his Letter January the sixth of the same year; but he desires that this Council may meet in Italy, or in Sicily, and that the Bishops of Afric, and the o∣ther Western Bishops, may be cited to come there. The Emperor not being willing to pass this▪ Article, it was determin'd that at least he should Summon to the Council those Western Bishops, whom Vigilius should signifie to him. In fine, sometime before Easter it was agreed, as Vigilius had said, That an equal number of Eastern and Western Bishops should be summon'd to meet and treat of this Affair.

The Emperor being vex'd that the thing was delay'd so long, and desiring to determine this Af∣fair to his own advantage, caus'd the Council to meet on the third of a 1.28 May, in the year 553. Eutychius the Patriarch of Constantinople held the first place in it; after him Apollinaris the Patriarch of Alexandria, Domnus the Patriarch of Antioch, two Bishops deputed from the Bishop of Jerusalem, and 147 Bishops dependents upon these Patriarchs b 1.29.

All these Bishops being assembled in the Episcopal Praetorium of Constantinople, Diodorus the Arch-deacon and chief of the Notaries, declar'd to them, That Theodorus, Gentleman of the Chamber, was sent in the Emperor's name to their Assembly, Eutychius having order'd that he should be admitted, he presented to the Synod a Letter from the Emperor. It was read in the Council. Here follow the Contents of it.

Justinian intending to prove that the Emperors did always take care to maintain the Faith of the Church in its purity, relates what pass'd in the four first General Councils by their Authority: Nei∣ther does he forget what he had done himself to support the Authority of the Council of Chalcedon, against the Followers of Nestorius and Eutyches, and to drive out of the Churches those who would not receive it. He adds, That a little while ago some Nestorians desiring to insinuate their Doctrine, and not being able to do it under the name of Nestorius, consulted how to do it under the name of Theodorus the Master of Nestorius, who had asserted Blasphemies and Impieties, even greater then that Heretick: That they had also made use of the Writings of Theodoret against St. Cyril, and of the impious Letter of Ibas, which, they say, was approv'd in the Council of Chalcedon, to cover their Impiety under the name of this Council, their design being to order the matter so, that it shall no more be said, That the Word of God was made Man, and that the Virgin Mary is the Mother of God. That to put a stop to the progress of this Heresie, he had consulted the Bishops about the three Chapters, and had condemn'd them; but that some Persons, intending still to maintain them, notwithstanding this Condemnation, he found himself oblig'd to call this Assembly, that they might * 1.30

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once more declre what their Opiion was about this subject: That Vigilius having come from Rome to Constan••••nople, had carefully examin'd them, and condemn'd and anathematiz'd them ma∣ny times, even in writing. That he had also discover'd how firm and stedfast he was in this Judg∣ment, by condemning Rusticus and Sobastianus, who after they had at first receiv'd the Constitution which he made upon this subject, did eract what they had done, and defend the three Chapters: That he had also written upon this subject to Valentinian Bishop of Scythia, and to Aurelian Bishop of the Church of Arles, which is sy the Emperor, the first Church of the Gauls: That after they were come to Constantinople, it was agreed with him, that a Council should be as∣sembled to treat of this Affair together: That in consequence of this he had declar'd to him by his Magistrates, that he should be present at the Assembly of Bishops, to condemn there with the rest the three Chapters; or to defend them if he thought they could be maintain'd: But he had made An∣swer, That he would acquaint the Emperor with his thoughts about the three Chapters; That he exhorted them also to treat of this matter in the Synod. He declares afterwards, That he receives the Decrees of the four first General Councils; that he rejects the Errors which did not agree with their Doctrine; that he follows the holy Doctors of the Church, viz. St. Athanasius, St. Hilary, St. Basil, St. regory Nzianzon, St. Gregory Nyssen, St. Ambrose, Theophilus, St. John Chrysostom, St. Cyril, St. Austin, Proc••••s, and St. Leo, and that he approved all that they had written for the Faith against Errors: That he own'd for Ca••••oli••••s those who believ'd what was decreed by the four first Gene∣ral Councils, and aught by the Holy Fathers. But since the Hereticks, who would vindicate Ne∣storius, dat'd to affirm 〈◊〉〈◊〉 the Counc•••• of Chalcedn had approv'd Theodorus, he exhorts them upon this occasion, to ••••quire what was the Judgment of this Council, and of that at Ephesus; whether they did not anathematize the Creed of Theodorus, and whether he was not already condemn'd, and his name raz'd out of the Ecclesiastical Diptychs. He desires them also to examine, Whether we may not anathematize the dead, and whether the Examples of John and Flavianus does not prove that it may be done. In fine, He recommends to them the Examination of the Letter of Ibas, and the writings of Theodoret, and to compare the Doctrine with that of the Council of Chalcedon. He admonishes them above all things, to have nothing before their eyes but the fear of God, and the love of Truth, and to return him an Answer quickly, because when there is a long time taken to an∣swer about a matter of Faith, 'tis a ••••gn that the Person is not well dispos'd to maintain the Truth: And that moreover, when a Question or Answer about the Faith is handled, we must nei∣ther confider who is the first, nor who is the last, but that he who is most ready to answer is most acceptable to God: Which words are plainly written against Vigilius.

After the reading of this Letter, Theodorus was order'd to go forth; and the Letter of Eutychius to Vigilius, and the Answer of Vigilius to Eutychius were read, wherein the Pope had consented, that a Council should be held about the Affair of the three Chapters, and promis'd to be present at it. After which three Patriarchs were sent Deputies to him, with the most considerable Bishops of the Council, to invite him to come to the Assembly. He answer'd them, That he could give no Answer to day, because of his Indisposition, but he would acquaint them to morrow what he thought of their Assembly. The Deputies came to report this to the Council, and the matter was delay'd till to morrow. This is what pass'd on the first Collation or Conference of the Council held on the third of May.

The second Conference was on the eighth of the same Month. The Deputies reported, That be∣ing to wait upon Pope Vigilius on the sixth of May to know his Answer, be told them, That he could not assemble with them, because there was a very great number of Eastern Bishops, and he had but a few We••••ern Bishops with him: That they had remonstrated to him, that he had promis'd and subsorib'd that he would be present at their Assembly; that it was not necessary there should be at the Council a considerable number of Western Bishops; that there had been but few in the greater part of the preceding General Councils; that he had with him the Bishops of Afric and Illyria: That notwithstanding this, Vigilius could not resolve to come to their Assembly, but that he had propos'd that the three Patriarchs should come with a fourth Bishop, who should find with him three Western Bishops, and that they together might regulate these matters: That they had represented to him how indecent it would be, that three Patriarchs should have only one Bishop with them, and that eight Bishops alone should make Synodical Decrees, while there was a very great number of them in the Assembly: That having press'd him to answer, he had desir'd of them twenty days de∣lay, in which time he had promis'd to discover his mind and will, and if he should not do it, he would follow their Opinion: That they had made answer to him that it was not fit to abuse thus the Patience of the Emperor, and to give Scandal to the People: That now this Cause had conti∣nued already for the space of seven years; that they were urg'd in the Emperor's name to give a speedy Answer; that he ought not to refuse to come to the Assembly to treat there of this Affair with them: That at least he should promise them, that if he did not in twenty days remove the Scandal which he had given in defending the three Chapters, he should not separate from their Communion: That they could not draw from him any other Answer upon this Subject: That they had promis'd to report these Answers to the Emperor; that having done it, the Emperor had sent with them Ma∣gistrates to the Pope.

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These Magistrates appear'd here at Council, and declar'd, That they had twice waited upon Vi∣gilius in the Emperor's Name, and that he had told them, that he had no other Answer to give them, but what they might find at the Council, where he should have liberty to say what he would for the Prohibition of the three Chapters. That Vigilius had often answer'd them, that he would give his Opinion alone: That they had told him, that he had many times already condemn'd the three Chapters in private by himself, but the design of the Emperor was, that he should be present at Council, that there the Matter might receive a publick decision by common consent. That as to the delay it should be granted him, and even a greater then he had desir▪d, provided he would pro∣mise to treat of this Affair in the publick Assembly; but if he would give his Decision in private, the Emperor would also know the private Judgment of other Bishops. That notwithstanding all this, the Pope continued firm in his first Resolution. This Report was confirm'd by the Bishops that were deputed, and the Magistrates withdrew after they had exhorted the Bishops to determine this Affair speedily. When they had withdrawn, the Council order'd four Western Bishops to be cited, who were at Constantinople, viz. Primasius of the Province of Byzacena in Afric, Sabinianus and Pro∣jectus of Illyria, and Paul the Bishop of the second Justinianea. The first answer'd, That he would not come to the Synod where the Pope was not; and the others excus'd themselves because their Archbishop was not there. These Answers being reported to the Synod, it disapproved of their Con∣duct; and as to Primasius it declar'd, that they would handle him according to the rigor of the Ca∣nons, in due time and place: As to the other three, that they should have leave to go and find out their Archbishop Benenatus, who communicated with the Bishops of the Council, and who had also deputed a Bishop of his Diocese, call'd Phocas, who was present at the Council. This Matter being thus order'd, they put off the Affair till the morrow.

They did not again debate the Question about the three Chapters, but only made a Profession, That they do embrace the Faith of the four General Councils, and follow the Doctrine of the Holy Fathers. This is all that there is in the third Conference. They use almost the same words that the Emperor made use of.

In the fourth Conference held on the twelfth of May, the Examination of the Affair for which the Council was assembled, begun, by the Reading of many Extracts taken out of the Books of Theo∣dorus of Mopsuesta. The Creed was also read which was attributed to him, and is reported in the Council of Ephesus. When this was ended, the Bishops without any further Examination did all cry out, Anathema against the Writings, against the Creed, and against the Person of Theodorus, an A∣nathema to those who do not Anathematize him. After many Acclamations of this kind, among which it was not forgotten to wish a long Life to the Emperor, it was determin'd, That tho the Blas∣phemies of Theodorus which they had just now read, were more then sufficient to procure his Con∣demnation, yet it was convenient to enquire further, what there was against him: which was put off to another Assembly.

It was held the next day according to some, according to others it was delay'd to the seventeenth of the same Month. However this were, in this Session were read the Testimonies which could be found against Theodorus of Mopsuesta. Here follows a Catalogue of them. 1. Extracts out of a Book of St. Cyril against Theodorus. 2. A Libel presented to Proclus of Constantinople, by the Priests and Deacons who call'd themselves the Deputies of the Churches of Armenia, Perfis, and other Na∣tions, who accuse him of having preach'd in their Houses Nestorianism. 3. An Extract out of the Answer of Proclus, who condemns sufficiently in general the Error of Nestorius, and blames those who sow bad Doctrines, yet without saying any thing against Theodorus. 4. Five Letters of St. Cyril against Theodorus. 5. An Extract out of the Ecclesiastical History of Hesychius a Priest of Jerusa∣lem, who affirms, That Theodorus of Mopsuesta is he to whom St. Chrysostom wrote two Books, per∣swading him to forsake his disorderly Courses, who accuses him of being void of all Piety, and de∣nying that the Word was truly Incarnate. 6. Two Laws of the Emperors Theodosius and Valenti∣nian against the followers of Nestorius, where Theodorus is joyn'd with this Heretick. 7. A Letter of Theophilus against those who maintain the Heresie of Nestorius, where it was pretended that he speaks of Theodorus. 8. A Letter of St. Gregory Nyssen to Theophilus, against them who writing a∣gaing Apollinarius, fall into the Error of Nestorius. 9. Some Extracts out of the Writings of Theo∣doret, which prove that Theodorus was accus'd by St. Cyril. 10. An Extract out of the Treatise of St. Cyril against Theodorus, where he commends the diligence of this Author, and condemns his impious Doctrine.

After this, some Letters of St. Gregory Nazianzen address'd to a Bishop call'd Theodorus, were ex∣amin'd; and it was prov'd both by the Letters themselves, and by the Testimony of the Bishops, that they were written to Theodorus of Tyana, and not to Theodorus of Mopsuesta.

Lastly, This other Question was debated, Whether we may condemn the dead. At first two passages of St. Cyril of an indefinite sense were recited, which prov'd nothing. But Sextilianus Bi∣shop of Afric, being deputed from Primosus Bishop of Carthage, related many passages of St. Austin to show, that the dead may be condemned, who were not condemned during their life. After∣wards Benignus Bishop of Heraclea, being deputed from the Bishop of Thessalonica, alledg'd some Examples of this Practice very unlikely; and added, that Theodorus himself had been condemned after his death, by Rambulas Bishopof Edessa.

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This Question being thus decided, a Letter of St. Cyril was examin'd, which was supposed to be written to John of Antioch, wherein he says, That he ought not to separate from the Communion of Theodrus; and some pretend that it was convicted of Forgery, by repeating many other Let∣ters of St. Cyril; wherein he does openly condemn Theodorus. To these Testimonies of St. Cyril was added that of Proclus of Constantinople, and the Testimonies of St. Basil, and St. John Chrysostom, which appear'd favourable to Theodorus, were evaded, by observing that the Fathers did some times praise Hereticks thro Ignorance.

One of the chief Monuments inserted into this Conference is an Enquiry made by a Council held in the year 550, to know whether the name of Theodorus of Mopsuesta was in the Diptychs. Here the whole Acts are related, at the beginning of which there are two Letters of the Emperor Justini∣an; one to John of Anazarbus, wherein he gives him order to call the Synod; and the other to Cos∣mas Bishop of Mopsuesta, wherein he acquaints him that he had given him this Order. Eight Bishops of the Province were present there, together with John of Justinianople their Metropolitan. The Priests, the elder Inhabitants, and the Churchwardens were sent for. In the first place the Diptychs were demanded of the Churchwarden. He presented those which he now made use of, and two Rolls more ancient. In them were read the names of the Bishops of Mopsuesta, since the Faith of Nice was restor'd to Mopsuesta. The name of one Theodorus was found in two of these Diptychs, and it was not found in the last. This place of History informs us both of the Succession of Bishops, and of the Form of the Dyptychs. It is express'd in these words: Pro requiescentibus Episcopis Pro∣togene, Zozimo, Olympio, Cyrillo, Thomas, Bassiano, Joanne, Auxentio, Palatino, Jacobo, Theo∣doro, Simione. Afterwards the Priests and ancient People are ask'd, and they do all unanimously depose, That they have never heard the name of the old Theodorus read in the Diptychs, but that they do well remember that of Cyril; and that the Theodorus, whose name was in the Diptychs, was ano∣ther Theodorus of Galatia, who died about three years ago. The Bishops made an Act of these things, and wrote of them to the Emperor, and to the Pope Vigilius.

This Conference of the fifth Council ended with the reading of the Extracts taken out of the Books of Theodoret, which are thought to favour too much the Error of Nestorius. In them was found a Letter address'd to John of Antioch, which was pretended to be against the Memory of St. Cyril. Some have thought it supposititious, as well because of the sharp style wherein it was written, as because it is probable that St. Cyril did not die till after John. Mr. de Marca thinks that Domnus should be put instead of John; but it is not certain that he speaks of St. Cyril in this Letter; on the contrary, he of whom Theodoret speaks was a Bishop in the Diocese of Antioch. Procurandum, says he to John of Antioch, & oportet tuam sanctitatem hanc suscipere festinantiam, & Jubere Collegio mor∣tuos asportantium, lapidem aliquem maximum & gravissimum sepulchro imponere, ne iterum perveniret.

The sixth Conference on the nineteenth of May, begun with the reading of the Letter of Ibas to Maris of Persis, written upon occasion of the Differences which were between St. Cyril of Alexan∣dria and the Eastern Bishops. In it he supposes that Nestorius and St. Cyril had fall'n into two oppo∣site Errors: That the latter had affirm'd there was but one Nature in Jesus Christ, and that Nesto∣rius having deny'd that the Virgin was the Mother of God, had given occasion to believe that he follow'd the Sentiment of Paulus Samosatenus: That the Doctrine of the Church is, that there are two Natures and one Person in Jesus Christ. That the Emperor had assembled a Council at Ephesus about the Contests between St. Cyril and Nestorius: That St. Cyril being arriv'd at Ephesus before John of Antioch and the Orientalists, had procur'd the condemnation of Nestorius, and the approbation of his 12 Chapters: That John of Antioch and the Orientalists being arriv'd, had done the quite contrary by condemning the Chapters of St. Cyril, & deposing him, and excommunicating the Bishops who comply'd with his desires; that both of them had withdrawn without being reconcil'd; that thus the Eastern Bi∣shops had continued in a Separation from those of the other Dioceses; that this had given a great Scandal to the Church, and that many Bishops under a pretence of being zealous for the Faith, che∣rished Divisions, and made cruel Wars one upon another; that among the rest a Bishop in their Quarters (of Edessa) whom he calls a Tyrant, had cruelly reproach'd the Memory of Theodorus, be∣ing mov'd by a secret hatred which he had to him: That the Emperor desiring to put an end to these Commotions, had perswaded John of Antioch to be reconcil'd to St. Cyril: That he had sent to him Paul Bishop of Emesa, with a Confession of Faith, and an Order to Communicate with him, if he would consent to it; and if he would Anathematize those who said that the Divinity of Jesus Christ had suffer'd, and that the Divinity and Humanity are in him only one Nature: That God had touch'd the heart of this Egyptian, that he had satisfied the desires of John of Antioch, and that these two Bishops being reconcil'd, Peace was restor'd to the Church. These are the principal Points contain'd in the Letter of Ibas, which indeed is not written in a very respectful manner towards St. Cyril, but it contains nothing but what is very Orthodox.

Afterwards was read a Letter of Proclus, wherein it appear'd that Ibas had been accus'd of tran∣slating into Syriack, and publishing the Nestorian Propositions which Proclus had condemn'd, and which he had sent to John of Antioch, that he might be oblig'd to retract them, and to make a Pro∣fession of the Faith of the Church. After the reading of this Letter, Theodorus added, That after the death of John, the same Accusers of Ibas address'd themselves to Domnus his Successor, and that Domnus refusing to hearken to them, they came to wait upon the Emperor and Flavian the Bishop, Successor to Proclus in the See of Constantinople, who had referr'd this Affair. 'Tis remarkable that

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this Reference is attributed as well to the Emperor as to the Patriarch. Precibus susceptu, tam divi∣nae re••••rdationis Theodasius, quam Flavianus sanctae memoriae, delegaverlint examinationem, who had referr'd, I say, the decision of this Accusation to Photius of Tyre, and Eutycbius of Berytus, and ap∣pointed for putting this Order in Execution on behalf of the Emperor Damascius, and on behalf of Flavian Eulogius the Deacon, who caus'd Ibas and his Accusers to appear before the two Bishops that were nominated: That Ibas being accus'd of taxing St. Cyril and his Chapters of Heresie, and of despising the Council of Ephesus, as having judg'd without mature Examination of the Matter under consideration, declar'd, That since the Reconciliation he had never spoken ill of St. Cyril, but only before he was reconcil'd to John of Antioch. The Judges ordain'd that Ibas should return to Edessa, and that he should Anathematize Nestorius, and receive the Council of Ephesus as a lawful Council, and of equal Authority with that of Nice: That Ibas refusing to obey this Sentence, was depos'd as well as Domnus, and that even Nonnus, who was ordain'd in his room, was present at the Council of Chalcedon, as a lawful Bishop: That in this Council of Chalcedon his Letter was read, but not at all approv'd; that on the contrary the decision of Photius and Eustathius was confirm'd, who oblig'd Ibas to make Profession of the contrary to that which was affirm'd in his Letter; and that the greater part of the Bishops had receiv'd Ibas as a Penitent, in consequence of the Declaration which he had made, that he condemned Nestorius, and was troubled with remorse for the evil he had spoken of St. Cyril. After Theodorus had finish'd this Relation, then were read the Passages of the Acts of the Councils of Ephesus and Chalcedon, wherein they treat of the Faith of the Church about the Incarnation, and after that the Decree of Faith made by the Council of Chalcedon, was compar'd with some places of the Letter of Ibas, and it was pretended that there were manifest Contradictions between them. Indeed there are such found in that part which concerns the Memory of St. Cyril, and the Authority of the Council of Ephesus, and it may be also in some ways of expressi∣on; but as to the substance, the Doctrine is the same. Nevertheless, here the Letter of Ibas was condemn'd as Heretical and Blasphemous; and this Conference ended with the same kind of Accla∣mations as the former.

While the Council was thus preparing to condemn the three Chapters, Pope Vigilius sent his O∣pinion in Writing to the Emperor, as he had promised: This Act is call'd Constitutum. After he has related what had pass'd since it was agreed to hold a Council about the three Chapters, and the Reasons which he had for refusing to be present in the Assembly of the Eastern Bishops, he tran∣scribes sixty Extracts out of the Books of Theodorus, which were condemn'd in the third Session of this Council, and condemns them in the bad sense which they are capable of. Yet he spares the Person of Theodorus because he died in the Communion of the Church; and pretends that in this he follows the Conduct and Example of St. Cyril, of Proclus, and of the Councils of Ephesus and Chal∣cedon. He maintains that there is a Canon against condemning those who die in Communion; and shows that it is the Practice of the Roman Church, by reciting the Authorities of the Popes, St. Leo and Gelasius, who affirm that we can neither condemn nor absolve the dead. He adds, that the Ro∣man Church had not derogated from this Custom in the Affair of St. Chrysostom, nor in that of Fla∣vianus, since they died in her Communion. He quotes also an Example of Denys of Alexandria, taken out of the Ecclesiastical History of Eusebius, wherein it appears that this Bishop had condemn'd the Doctrine of Nepos, about the Reign of Jesus Christ on Earth for a thousand years, without med∣ling with his Person, because he died in the Communion of the Church. As to the Writings of Theo∣ret, he thinks, That since the Council of Chalcedon requir'd nothing more of him, but only to A∣nathematize Nestorius, it was not convenient for them to do any thing more against him, and that it was sufficient to condemn in general the Writings and Doctrines that favour'd the Nestorians and Eutychians, without mentioning the Writings of those Bishops who died in the Communion of the Church. Lastly, That as to Ibas, the Fathers of the Council of Chalcedon having receiv'd and ap∣prov'd him, after the reading of his Letter, which was Orthodox, altho by a mistake in matter of Fact it condemn'd St. Cyril, his Letter could not be condemn'd as Heretical, without violating the Decision of that Council. Lastly, Vigilius confirms the Authority of that Council, and exhorts the Emperor to leave things in the same state as that Council left them, without changing or adding any thing to it. He forbids all Persons, by the Authority of the Holy Apostolical See to say or write any thing against what he had now propos'd concerning the three Chapters. This Decree was sign'd by nineteen Bishops, and is dated the fourteenth of May.

The Emperor, without being stopp'd by this Decision, caus'd the Examination of the Affair of the three Chapters to be still continued, and that he might oppose the Authority of Vigilius to Vigi∣lius himself, he caus'd three Letters of Vigilius to be read in the seventh Conference of this Council, wherein he expresly approv'd the Condemnation of the three Chapters, and condemn'd them him∣self. The first of these three Letters is to Rusticus, and to Sebastianus a Deacon, whom he sharply reproves, because they had blam'd his Conduct for having condemn'd the three Chapters: The se∣cond is to Valerian Bishop of Tomi; and the third to Aurelian Bishop of Arles.

Mr. Baluzius has publish'd from a Manuscript of Mr. Joly two other Letters of the same Pope; address'd to the Emperor and the Empress, wherein he declares that he is no Heretick, and that he never was; that he demands the Rights and Prerogatives due to his See; that he will by no means defend Hereticks, and that he Anathematizes the Letter of Ibas, the Writings of Theodoret, and the Person of Theodorus of Mopsuesta, and that he believes there is in Jesus Christ only one Substance, one Person, and one Operation.

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These Letters were produc'd in the sixth Council at Sess. 13 and 14, but the Pope's Legats accus'd them of Forgery; and after Examination of the Matter, they were found to be in the Greek Copy of the fifth Council, which was in the Archieves of the Patriarchal Church of Constantinople, but they were not to be found in the Latin Copy, and it appear'd that the Patriarch Paul had caus'd them to be translated and copied out in a new Roll, which he had added to the ancient Version of this Council. Justinian makes mention of these Letters in his Epistle to the fifth Council. Last∣ly, Facundus and Victor do assure us, That Vigilius had condemn'd the three Chapters to please the Emperor and Empress, according to his Oath before his Ordination; insomuch that it was look'd upon as a thing most evident, that these Letters were Vigilius's. But it is not so certain that they were read and inserted into the fifth Council, and it may be that they were afterwards added. The same Judgment is to be made of the Oath to condemn the three Chapters taken by Vigilius in the presence of Theodorus of Caesarea, and Patricius Cethegus, which is also found in the Manuscript of Mr. Joly, and which Mr. Baluzius has also publish'd, to supply the omission of those who had the care of publishing the Councils, who pass'd it by, altho they had seen the Manuscript of Mr. Joly.

At the same Conference there was also read by the Emperor's Order, a Letter which was written about some Ecclesiasticks, who had solemnly carried about in the Church of Cyrus an Image of Theo∣doret, and had made a Commemoration of him, of Diodorus, of Theodorus and Nestorius. By this Letter the Emperor order'd Hypatius to inform himself of the Matter of Fact, and to enquire whe∣ther Sergius Bishop of Cyrus had not approv'd this proceeding. 'Tis said, that this being found that he had done it, Sergius was turn'd out of his Church. After the reading of this Letter, the Fathers commended the good Intentions of the Emperor, who shall be, say they, rewarded by the Divine Goodness in another Life, and for which end we offer up our Prayers in this Life. The finishing of the Affair about the three Chapters was put off to another day.

There is also in the Manuscript of Mr. Joly a Letter of the Emperor against Vigilius, wherein he forbids to place his Name in the Diptychs. This Letter being dated July the fourteenth, is po∣sterior to this Conference which was on the six and twentieth of May, and to the next, which was on the second of June; which proves evidently that the Letter was never read in the Council, but inserted afterwards when it was reduc'd into Acts.

In the eighth and last Conference, after they have prov'd the necessity of Ecclesiastical Assem∣blies and Conferences for the Decision of Matters of Faith, by the Example of the Apostles, and the four first Councils, they make a Recapitulation in a few words of all that had been done till that time.

This Recapitulation being ended, they made Profession of receiving the four first General Coun∣cils, and of Anathematizing the Errors and Persons whom they condemn'd, and to whom were ad∣ded the Person and the Writings of Theodorus, the Writings of Theodoret, and the Letter of Ibas, who are Anathematiz'd, together with those who undertake to write in Defence of these three Ar∣ticles.

This General Decree was follow'd with fourteen Anathema's against many particular Errors, chiefly about the Incarnation. The three last contain yet more formally the Condemnation of the three Chapters, whose Defenders are also anathematiz'd.

Mr. Baluzius has also publish'd fifteen other Anathematisms against the Errors of the Origenians concerning the Souls of Men. If it were evident that these Chapters were made by the fifth Gene∣ral Council, it would be past all doubt that the Affair of Origen was decided there. But this is a Question which has difficulties on both sides: 'Tis certain that in the eight Conferences of the Coun∣cil, there is no mention of any other Business but only that of the three Chapters, and that the Af∣fair of Origen was not at all inquir'd into. Now there is no probability that after these three were held two others Assemblies, as some suppose without any foundation; and it is so much the less pro∣bable, because Evagrius, who has made an Abridgment of this Council, says nothing of them in Canon 11. of the eighth Conference, and because Origen is plac'd in the number of Hereticks al∣ready condemn'd, and Theodorus speaks of him in the same manner in Conference 5. But on the other side, the seventh General Council, and all the Greek Historians, do testifie, That the Cause of Origen, of Evagrius, and of Didymus, was decided in the fifth Council, and that their Writings were there examin'd and condemn'd. Yet 'tis easie to reconcile this apparent Contradiction, by re∣flecting on what we have said after Liberatus: That in the year 540 the Emperor made an Edict against the Writings of Origen, and caus'd his Doctrine to be condemn'd in a Synod held at Con∣stantinople under Mennas. In this Synod it was that the Cause of Origen, of Didymus and Evagri∣us was examin'd, and the Acts of this Council being joyn'd to those of the Council held for the Condemnation of the three Chapters, as well as the Acts of the Synod of Mennas against Anthimus, Severus, Peter and Zoaras; what was done by these three Councils, was look'd upon as done by one and the same, to which the name of the fifth General Council was given. Photius sufficiently disco∣vers this in his first Letter to Michel Duke of Bulgaria, where 'tis said that Mennas and Eutychius presided one after another in the fifth Council, and that in it the three Chapters were condemn'd, together with Origine and Didymus, Anthimus, Severus, and Zoaras. The same Condemnations are attributed to the fifth Council in the Profession of the Popes, which is related in the Diurnus Romano∣rum Pontificum, publish'd by Father Garneus. Sophronius the Patriarch of Constantinople in the Syno∣dical

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Letter to Sergius, which is related in the sixth Council, speaking of the fifth Council, places the Condemnation of Origen and Evagrius, before that of the three Chapters, which discovers that it was done in the preceding Council. Constantinus Pogonatus confirm'd the sixth Council, Act 18. Cedrenus and the other Greek Writers follow the same Order. Lastly, Evagrius, and the other Greek Historians, who say that Origen was condemn'd in the fifth Council, suppose that the Edict of Justinian against Origen was address'd to this Council: Now 'tis certain that this was to the Sy∣nod held under Mennas, before that Vigilius was at Constantinople. 'Tis manifest therefore, that what they say of the Condemnation of Origen in the fifth Council, concerns what pass'd in the Council held in 540 under Mennas, which made a part of the fifth Council. And in effect, Binius observes that he found in a Manuscript Acts of the Council held against Anthimus, entituled, Acta Synodi V. Const. and in the Latin Collections, whatsoever concerns these three Synods, is attributed to the fifth General Council, which is said to have been held under Silverius and Vigilius. The same is to be said of the Greek Canons against Origen, which are attributed to the fifth Council in the Title, be∣cause they belong to the Council held under Mennas against Origen.

Vigilius refusing to appear in the Synod, and much more to approve its Decision, was banish'd by the Emperor's Order, who commanded, as we have already observed, that his Name should be raz'd out of the Diptychs. But this Pope being always inconstant according to his old want, quick∣ly chang'd his Opinion and Resolution; For on the eighth of December he wrote a Letter to Euty∣chius, wherein he blam'd the Conduct he had observ'd, in refusing to be present at the Council, and retracted what he had written in Defence of the three Chapters, which he condemn'd in very sharp terms, and pronounc'd an Anathema against those who should defend them. Some thought that this Letter was supposititious, because it is very submissive, and Vigilius speaks in it very much to his own disadvantage. But this Conjecture is very weak. His natural Inconstancy, the state to which he was reduc'd, the desire he had to come out of Exile, the necessity of satisfying the Emperor, &c. might determine him to write this Letter. Who knows also but it might be suggested to him by Eutychius or Theodorus? Moreover, it contains no sign of Forgery. It was transcribed more then 400 years ago by a Greek Copy from a Manuscript of the Library of the Church of Rome, where it had been kept since the year 753. Besides, it is prov'd by the Testmonies of Photius, and by a Title which is found in an Ancient Arabick Collection, that Pope Vigilius approv'd what was done by the fifth General Council about the Affair of the three Chapters. This seems also to be the sense of the Letter of Pope Pelagius to the Bishops of Istria. And moreover, Justinian had never suffer'd him to return from Banishment, if he had not submitted to his Will. But altho the Letter be the first Act of Consent given by Vigilius to the fifth Council, yet it is not the only one: For we have one much longer and more authentick, publish'd a little while ago by Mr. Baluzius from a Manuscript of the Library of Mr. Colbert. It is a most precious and excellent Monument; 'tis dated Febr. 23. in the year 554. 'Tis probable that Vigilius compos'd it after he was return'd from his Banishment. There he recites in the first place the Acts of the fifth Session of the Council of Chalcedon, and the Letter of St. Leo. After this he repeats what pass'd there upon occasion of the Letter of Ibas, and endeavours to show, against what was establish'd in the preceding Constitution, that the Council believ'd the Letter of Ibas to be Heretical, and refutes the Reasons which might be alledg'd to prove the contrary. After he has made a long Dissertation upon this first Chapter, he enlarges much less upon the Condemnation of Theodorus, from which he did not much differ before, and says very lit∣tle of the Writings of Theodoret. Lastly, He anathematizes Theodorus, the Letter of Ibas, and the Writings of Theodoret, and all those who would maintain them, and declares all that he had done and written himself in their Defence to be null and void.

This is the last Constitution of Vigilius about the three Chapters. He continued some time after in the East, and died in the year 558, as he was returning to Italy. Pelagius was ordain'd in his room, whom the Emperor call'd back from Banishment he had endur'd for defending the three Chapters, after he had promis'd to condemn them if he was chosen Pope. The Emperor spar'd not the other Bishops in the West who would not sign the Condemnation of the three Chapters. He caused Reparatus Bishop of Carthage to be turn'd out, and Primasius to be ordain'd in his room, who presently condemn'd the three Chapters. This Man persecuted the African Bishops who would not communicate with him, and prevail'd so far, that he made the greater part of the Africans to con∣sent to it. In Illyria the Bishops were divided in their Opinions. Benenatus Archbishop of Thessa∣lonica, condemn'd the three Chapters: The greater part of the other Bishops of Illyria defended them, and even separated from the Communion of Benenatus upon this occasion. The Bishops of Italy did not much concern themselves in this Controversie; where only some Deacons and Priests defended the three Chapters, who for the most were banish'd. The Bishops of Tuscany resisted long enough, as we learn from the sixth Letter of Pelagius. In the Gauls there was none almost but Da∣cus, the Bishop of Milan, who was concern'd in this Affair, and as he had followed Vigilius in de∣fending the three Chapters, so when he saw him abandon the Cause, he yielded: But the Bishops of Istria and Liguria, who were under the Dominion of the Lombards, fearing no Persecution from the Emperor, maintain'd the three Chapters with much boldness.

Thus I have given an account in a few words of every thing almost that was done about the Affair of the three Chapters in the East and in the West: where you may see the Church in a won∣derful Confusion for a matter of a very small consequence. For what was the advantage of con∣demning

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the three Chapters? and why were they defended with so much stiffness? Those who con∣demn'd them, and those who maintain'd them, made Profession of the same Faith, they acknow∣ledg'd the same Councils, they protested that they adhered to the Decrees of the Council of Chalcedon. Why then did they not live in Peace with one another? Why do they Condemn, why do they Ex∣communicate, why do they Persecute one another? It had been much better for the Church, if Theodorus had never invented the Condemnation of the three Chapters, and if the Emperor Justi∣nian had never resolv'd to have them condemn'd by all the Bishops, whether they would or no: Then the Church had enjoy'd a Profound Peace, then many holy Bishops both of the East and West had never been remov'd from the Government of their Diocese, to attend frivolous Disputes; many great Persons, who were capable of doing very good Service to the Church, had never been banish'd, persecuted and forc'd away. Lastly, Then the People had not been scandaliz'd with seeing such a deadly Division in the Church, and so great Animosities among its Pastors. If any ask who were to be blam'd at the bottom, those who condemn'd, or those who defended the three Chapters, it is a Question very intricate, and very difficult to be resolv'd: For if it was so obscure nd knot∣ty at the time when it was debated, with what darkness and difficulties will it not be envelopp'd now? yet it may be, that we being free from those Passions which disturb'd the Minds of Men at that time, may judge of it more soundly then they. But besides, that these Passions are not yet extinct, and Prejudice makes us engage with some warmth for the Interest of the Dead, we have not now the Writings of Theodorus of Mopsuesta, which caus'd a great Contest; neither have we a perfect knowledge how the Churches stood effected with respect to Theodoret and Ibas. Neverthe∣less let us try to say something about it which appears to us most reasonable, without obliging any Per∣son to submit to our Judgment.

First, As to the Writings of Theodorus of Mopsuesta, 'tis certain that they were full of very harsh Expressions, and which seem'd to favour the Opinion of those who admitted two Persons in Jesus Christ. But as he wrote before the Condemnation of the Error of Nestorius, it seems that these Expressions should be pardon'd him, especially since the like are found in other Authors, and he in other places profess'd to acknowledge one Person and two Natures in Jesus Christ.

As to his Person, supposing that his Dogmes were damnable, and that he had asserted manifest Impieties; It may be asked, Whether it were lawful to condemn and anathematize him after his Death, who deceas'd in the Communion of the Church? 'Tis certain that the Church cannot, pro∣perly speaking, condemn nor absolve the Dead; i. e. remove them from, or restore them to the Commu∣nion of the Church: For this Communion consisting in the Participation of the Sacraments, and in o∣ther Offices which the Faithful do to one another, 'tis impossible to refuse or grant this Communion to the Dead. All that can be done in this Case, is to signifie that Respect or Hatred is due to their Me∣mory, by pronouncing an Anathema against them, or by declaring that they were unjustly Ana∣thematiz'd during their Life; by putting their Name into the Diptychs of the Church, or by cau∣sing their Name to be blotted out of the Ecclesiastical Tables. There is no doubt but in this sense the Church can Absolve and Condemn the Dead, by restoring them to, or removing them from this kind of Communion, which, properly speaking, is no true Communion. But whether she ought to do it or no, this is not so very clear. The Practice of the Church of Afric was for it, that of the Church of Rome was against it. It seems to be more Human and Natural, not to meddle with the Memory of the Dead, and to leave them all that Reputation wherewith they departed out of this Life: But then is it also just to suffer the Memory of an innocent Person to continue under Reproach, because he was unjustly condemn'd in his Life-time? Is it fit to suffer a wicked and impious Person to enjoy that Reputation which he never deserv'd? I think that when the thing is clear and evident, we should declare for the Truth: But in a doubtful Case it is better to leave things as they are.

As to the Chapter concerning the Letter of Ibas, there is no doubt but that it is reproachful a∣gainst St. Cyril, and even against the Council of Ephesus; but then we must not condemn it as He∣retical upon that account. The Council of Chalcedon did not formally approve it; but tolerated it, and look'd upon it as a Proof of the Orthodox Faith of Ibas, since at the same time that he did most oppose St. Cyril, he made this Profession, That there was but one Person and two Natures in Jesus Christ.

As to the Writings of Theodoret, they ought not to be condemn'd as Heretical: For tho this Au∣thor did never approve the Anathematisms of St. Cyril, and had defended the Person of Nestorius; yet he always rejected his Error. And therefore the most that he can be accus'd of, is his being too partial, his not understanding aright the Sentiment of St. Cyril; but he cannot be accus'd of being an Heretick. And indeed, if John of Antioch, and the Orientalists, were not oblig'd to approve the Anathematisms of St. Cyril, if they were not forc'd to retract what they had said and written be∣fore the Union, why is Theodoret treated more harshly. Lastly, The Council of Chalcedon having ne∣ver requir'd Theodoret to retract his Writings, it was needless to condemn them.

Nevertheless it must be confess'd, That the fifth Council having condemn'd the three Chapters, and the greatest part of all the Bishops in the World, having subscrib'd this Condemnation, it was conve∣nient for Peace-sake to agree to it, and that those behav'd themselves very ill, who did not only obsti∣nately refuse to subscribe this Condemnation, but also separated from the Communion of those who sign'd it. For nothing is more to be desir'd then Peace; and many times it is very fit to sacrifice out private Interests for the Repose and Tranquality of the Church.

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The fifth Council of Arles. * 1.31

SApaudus Bishop of Arles held this Council at the end of June in the year 554, wherein were made seven Canons.

The first, That in the Province there should be a Conformity, as to the Ceremony of Offerings, to the usage of the Church of Arles.

The second, That the Monasteries and Jurisdiction over the Monks shall belong to the Bishop in whose Territory the Monasteries are situate.

The third, That the Abbots shall not remove from their Monastery without leave from their Bi∣shop.

The fourth, That a Priest cannot Depose a Deacon or a Sub-deacon without the Bishops know∣ledge.

The fifth, That Bishops shall take care of the Nunneries that are in their City, and the Abbess can do nothing against the Rule.

The sixth, That the Clergy cannot leave the Revenues of the Church in a worse condition then they found them.

The seventh, That a Bishop shall not Ordain the Clergy-men of another Bishop.

The second Council of Paris in the Year 555.

THe same Sapaudus held another Council the next year, consisting of six and twenty Bishops, at * 1.32 Paris, wherein the Deposition of Saffaracus Bishop of Paris was confirm'd.

The third Council of Paris.

THe Archbishops of Bourges, of Roan, and of Bourdeaux were present at this Council, together with thirteen Bishops. It was held under King Childebert towards the year 557. It made ten * 1.33 Canons.

The first is a long Canon against those who detain the Possessions belonging to the Church.

The second is against those who invade the Possessions of the Church.

The third is against those Bishops who seek after the Possessions of another.

The fourth forbids to marry the Widow of his Brother, his Father, or his Uncle, his Wives Si∣ster, her Daughter-in-law, her Aunt, the Daughter of her Daughter-in-law, &c.

The fifth is against those who take away by force, or desire in marriage Virgins consecrated to God.

The sixth forbids, to desire of the Prince to grant Maids or Widows against the Consent of their Kinsfolk.

The seventh renews the Prohibition of receiving any Person Excommunicated by his Bishop.

The eighth forbids to constitute any one Bishop over the People against their will. It Ordains that there shall be a Choice made with perfect freedom by the People and the Clergy; that he shall not be appointed by the Order of the Prince, nor ordain'd against the Judgment of the Metropolitan.

The ninth Ordains that the Children of Slaves to whom Liberty has been granted on condition that they pay some Service, shall be oblig'd to Discharge this Office to which they were design'd.

The tenth is, That these Canons shall be sign'd by the Bishops.

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The Edict of Clotharius. * 1.34

BY this Edict the King grants to the Bishops the Power of hindring the Execution of unjust Judg∣ments given by the Judges. It forbids any to use his Authority for taking away by force, or mar∣rying Maids and Widows. It forbids also to marry Virgins consecrated to God. It secures to the Church the Donations that are made to it, and grants it Exemption from Taxes. It exempts Cler∣gy-men from Publick Offices, and confirms all the Grants made to the Church by his Predecessors.

The first Council of Bracara.

LUcretius, Metropolitan of Bracara, held this Council of seven Bishops on the first day of May in the year 563, under King Ariamirus. Father L'abbee reckons it the second, but that which he places first is a Forgery. * 1.35

The Bishops begun with rejecting the Errors of the Priscilianists, by causing the Letter of St. Leo to Turribius, and the Canons of the first Council of Toledo, to be read; and by making seventeen Propositions against the Errors of Manichaeus and Priscilian. They read afterwards a Letter from the Holy See address'd to Profaturus, and made two and twenty Canons concerning Discipline.

The first is, That the same way of singing the Mattins and Vespers shall be every where observ'd, and that the private Customs of Monasteries shall not be mix'd with the Usage of the Church.

The second, That on solemn days the same Lessons shall be read.

The third, That the Bishops shall not salute the People after a different manner from the Priests, and that they shall only say, The Lord be with you; That the People shall answer, And with your Spirit: That this is the Practice of the whole East, which is of Apostolical Tradition.

The fourth, That in Divine Service that Order shall be observ'd which Profuturus has receiv'd from the Holy See.

The fifth, That the Usage of the Church of Bracara shall be observ'd in the Ceremonies of Bap∣tism.

The sixth, That the Bishops of the Province shall be rank'd according to their Antiquity.

The seventh, That the Revenues of the Church shall be divided into three Parts; That the first shall be for the Bishop, the second for the Clergy, and the third for maintaining the Church and the Light: That the Arch Priest or Arch-Deacon shall give an account of this last to the Bishop.

The eighth forbids Bishops to Ordain a Clergy-man of another Bishop without his leave in wri∣ting.

The ninth Ordains, That for the future Deacons shall wear their Stole upon their Shoulders, and not hide it under their Tunick, that they may be distinguish'd from Sub-deacons.

The tenth forbids Readers, who are not Ordain'd Sub-deacons, to carry the holy Vessels.

The eleventh forbids them to sing in the Church in a Secular Habit, and to suffer their Mustuche's to grow.

The twelfth declares, That they must not sing any Hymn in the Church but only the Psalms, and Passages of the Canonical Books of the Old and New Testament.

The thirteenth forbids Lay-men to enter into the Sanctuary to receive the Communion.

The fourteenth to remove all suspicion of being Priscilianists, Ordains the Clergy-men, who eat no meat, to taste of the Herbs which are boil'd with Meat.

The fifteenth is, That none shall communicate with a Clergy-man excommunicated by his Bi∣shop.

The sixteenth, That no Commemoration shall be made of those who lay violent Hands on them∣selves, and that their Corpse shall not be conducted to Burial with singing of Psalms: That the same shall be observ'd as to those who are condemn'd to death as Criminals.

The seventeenth, That no Commemoration shall be made, no Psalms shall be sung, for the Cate∣chumens that die without Baptism.

The eighteenth, That none shall be interr'd in the Churches, but without them, and round about the Walls.

The nineteenth forbids Priests to bless the Chrysm, or to consecrate the Altars.

The twentieth ordains that none shall be promoted to the Priesthood, who has not been at least one year a Reader.

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The one and twentieth, That the Alms of the Faithful, and the Offerings for the Dead, shall be collected by a trusty Clergy-man, who shall divide them equally amongst the Clergy once or twice * 1.36 a year.

The two and twentieth forbids to violate the ancient Canons, and those that are made in this Council.

The Council held at Santones.

GRegory of Tours relates that Leontius Archbishop of Bourdeaux, held a Council at Santones, where∣in he depos'd Emerius, who had taken an Order from King Clotarius, to get himself ordain'd Bishop without the consent of the Metropolitan. Heraclius was made choice of to succeed him; but Charibertus maintain'd him who was ordain'd by his Father's order. This was done in 563.

The second Council of Lyons.

THis Council was compos'd of the Archbishops of Lyons and Vienna, and twelve Bishops, and was held under the Sons of Clotarius in the year 567. It made six Canons.

By the first it is order'd, That the Differences of the Bishops of one Province shall be determin'd * 1.37 by the Judgment of the Metropolitan, and the Bishops of that Province; and that if the Bishops who are at odds be of different Provinces, then two Metropolitans shall accommodate the mat∣ter.

The second orders that all the Donations made to Churches shall continue good, tho they be not drawn up with all the Formalities which the Laws require.

The third declares, That those who take or detain Freemen by force shall be Excommuni∣cated.

The fourth, That he who is Excommunicated by his Bishop, shall not be receiv'd into Communi∣on until he be Absolv'd.

The fifth, That Bishops shall not take away from the Clergy the Revenues that are given them by their Predecessors.

The sixth, That Letanies shall be said in all the Churches and Parishes in the first Week of Sep∣tember, as before Ascension-day.

The second Council of Tours in the Year 567.

THis Council was not very numerous, for it consisted only of seven Bishops, and the Archbishops of Tours and Roan; but it made seven and twenty great Canons. * 1.38

The first renews the Order for holding Provincial Synods twice every year. It decrees Excom∣munication against those Bishops who shall not come to them when they shall be Summon'd.

The second ordains Bishops, who are at difference, to determine them amicably by Judges which they shall choose.

These are the words of the third, Ut Corpus Domini in Altari, non imaginario ordine, sed Crucis titulo componatur. To this Canon different senses are given. That which seems to me most natural is, That the Parcels of the Eucharist which are upon the Altar, shall not be rang'd according to the fancy of him that Celebrates, but in the form of a Cross, as is to be seen in the ancient rangings of them. Some think that the Council ordains that the Body of Christ shall not be plac'd upon the Altar in the rank of Images, but under the Cross. This sense does not appear to me so natural.

The fourth forbids Lay-men to place themselves behind the Altar with the Clergy, while the Office is a Reading; but allows them to enter into the Sanctuary, and even the Women to pray in private, and receive the Communion.

The fifth orders that every Parish shall maintain its own Poor.

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The •…•…th, That no Le•…•… of R•…•… 〈◊〉〈◊〉 〈◊〉〈◊〉 be receiv'd, bad Fo•…•… the Bishops.

The seventh, 〈◊〉〈◊〉 the Bishop cannot depose an Abbot, now an Aro•••• Priest, without an Assembly of Priests and Abbots.

The eighth; That a Bishop who 〈◊〉〈◊〉 〈◊〉〈◊〉 into 〈◊〉〈◊〉 〈◊〉〈◊〉 〈◊〉〈◊〉 〈◊〉〈◊〉 Ex•…•… •…•…ed, when he was advertis'd of it, shall be Excommunicated until the meeting of the Synod.

The ninth forbids to ordain a Britain, or a Roman, in Britany, without the consent of the Metro∣politan.

The tenth renews the Prohibitions so often made to Clergy-men of keeping strange Women in their Houses.

The eleventh ordains that the Bishops, who shall neglect to put this Canon in execution, shall be Excommunicated until the meeting of the •…•…od.

The twelfth, That the Bishop shall live with his Wife as with his Sister, without giving any cause of Suspicion.

The thirteenth, That the Bishop who has no Wife, shall not suffer any Woman in his House.

The fourteenth forbids Priests and Monks to take any Person to bed with them. It orders that Monks shall not lye two or three in several C•…•…, but in 〈◊〉〈◊〉 common Hall, where some shall watch while others take their rest.

The fifteenth is against Monks who go out of their Monastery to marry. 'Tis ordain'd that they shall be parted and put under Penance.

The sixteenth forbids to suffer Women to enter within the Precincts of Monasteries.

The seventeenth regulates the Fasts of Monks. They shall not fast after Easter till Whitsunday, except on the Rogation-days. They shall fast all the Week after Whitsunday. From that time till the first of August they shall fast three times a Week. In this Month they shall not fast, because the Office of Saints is said every day. In the Months of September, October, and November they shall fast three times every Week. In the Month of December they shall fast every day till Christmas. Af∣ter Christmas until Epiphany they shall not fast, because of the great number of Festivals, except the three first days of January, on which Litanies shall be read for abolishing the Superstitions which the Pagans us'd on these days. After Epiphany 〈◊〉〈◊〉 Lent they shall fast three times a Week.

The eighteenth regulates the Divine Service after the following manner. On Festival days six Antiphones shall be said at Mattins, with two Psalms to every one of them, i. e. twelve Psalms. In the Month of August the Prayers of the Morning shall be us'd, manicationes, because this Month is full of Festivals and Offices of Saints. In the Month of September seven Antiphones shall be said, and two Psalms to each of them. In the Month of October eight Antiphones and three Psalms to each. In the Month of November nine Antiphones, and three Psalms to each. In the Month of December ten Antiphones, and three Psalms to each, i. e. thirty Psalms. In the Month of January, February, and until Easter, they shall do as well as they can, but no fewer then twelve Pslams shall be said at least: For if six be said at the sixth hour, and twelve at the Vespers, no less ought to be said at Mattins. If any fail to say this number of Psalms at Mattins, he shall fast till night with Bread and Water.

The nineteenth contains the Canons for hindring the Clergy who are oblig'd to Celibacy, from lying with their Wives.

The twentieth renews the Penalties appointed by the Canons against those who take away by force or marry Virgins consecrated to God, or who consent to these Marriages.

The one and twentieth renews the Canons concerning the Degrees of Consanguinity within which it is not lawful to marry.

The two and twentieth is made against the Superstition of those who honour the Calends of Ja∣nuary, against those who offer •…•…eat to the Dead on the day of the Feast of St. Peter, and against all those who observe the Ritēs an̄d Customs of the Pagans.

The three and twentieth declares, That altho we commonly use in the Service the Hymns of St. Ambrose, yet we may also repeat the Hymns of those Authors that are known.

The four and five and twentieth contain many Imprecations against those who take or detain the Possessions of the Church.

The six and twentieth ordains, That the Judges and great Lords shall be Excommunicated who oppress the Poor.

The seven and twentieth forbids to take any thing for Ordinations.

The Bishops of the Province of Tours wrote a Letter to the People of this Province, wherein they exhort them to avoid the Miseries wherewith they are threatned, to delay their Marriages, to give the tenth of the Goods in Alms, after the Example of Abraham, and also to set at liberty the tenth part of their Slaves, to pardon one another, and not to suffer any longer Incestuous Marriages.

Page 151

The second Council of Bracara in 572. * 1.39

MArtin Bishop of Bracara presided in this Council, which was compos'd of twelve Bishops of the Provinces of Gallicia and Luca. After the reading of the Canons of the preceding Coun∣cil of Bracara, and the Epistle of St. Peter, they made ten Canons.

By the first they ordain, That the Bishops make their Visitation, examin the Clergy about the manner wherein they administer Baptism, and perform Divine Service, and that they admonish them to use Exorcisms to the Catechumens for the space of twenty days before their Baptism, and to ex∣plain the Creed during that time.

By the second the Bishop is forbidden to demand any more then two shillings for his Synodals, and not to exact the third part of the Offerings, which are design'd for the Lights of the Church.

By the third 'tis forbidden to take any thing for Ordinations.

By the fourth, To take more then three shillings for the price of Chrysm.

By the fifth, The Bishops who are invited to Consecrate a Church, are forbidden to exact any Present for the Consecration; but they are permitted to receive what shall be presented to them. At the same time the Bishops are admonished not to Consecrate a Church, unless there be a sufficient foun∣dation for the maintenance of a Light and of the Ministers.

By the sixth, It is forbidden to suffer any Person to found a Church, upon this Condition, that he shall share the Offerings with those that serve in it.

By the seventh, It is forbidden to exact any thing for the Baptism of Infants, though they are al∣low'd to receive what is freely offer'd.

The eighth declares, That he who shall accuse any of the Clergy of the Crime of Fornication, and cannot prove it, shall be punish'd with Excommunication.

The ninth, That the Metropolitan shall give notice of Easter-day to the Bishops of the Province, and that the Bishops and the Clergy having it signified to them, shall publish it to the People towards Christmas after the Gospel, that they may know when Lent will begin: That three days before Li∣tanies or Publick Prayers shall be said; and that on the third day after Mass, which shall be said three hours after Noon, the People shall be enjoyn'd to observe Lent, and to bring twenty days before Ea∣ster, the Children that are to be baptiz'd, that they may be exorcis'd.

The last forbids an Abuse which begun to take footing, of saying the Mass of the Dead after drink∣ing of Wine.

The fourth Council of Paris.

THis Council was assembled under King Gontranus, in the year 573, and consisted of nine and twenty Bishops of his Kingdom. Pappolus Bishop of Chartres, brought his Complaints to it, That Aegidius Archbishop of Rhemes had ordain'd a Bishop at Castrodunum, which depended upon * 1.40 the Diocese of Chartres, and was neither of the Diocese nor Province of Rhemes. This Council wrote to the Archbishop of Rhemes, that his Undertaking was not Canonical, and declar'd to him, that if the Priest Promotus, whom he had ordain'd, should ever concern himself to do any Episcopal Office in that Church, she should be Excommunicated. They wrote also a Letter to Sigebert against this Enterprize. These Monuments are related in the fifth Tome of the Councils, p. 918. and the following.

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The fifth Council of Paris. * 1.41

WE have nothing now left of this Council: Only Gregory of Tours remarks, That in the second year of the Reign of Childebert, and the sixteenth of Chilperic, which was the 577 of Jesus Christ, many Bishops assembled at Paris about the Affair of Praetextatus, whom Chilperic would have them to condemn, because he had married his Son Meroveus to Queen Brunechildis. These Bishops instead of condemning him, interceded for him: But at last Chilperic forc'd him to confess that he was guilty of Treason, and banish'd him. This story may be read at length in Gregory of Tours, Hist. B. 5. c. 19.

The Synod of Antisiodorum.

THis was not a Council of Bishops, but only a Synodical Assembly of Abbots and Priests of the * 1.42 Diocese of Tours, held in the year 578, by Aunacharius Bishop of Tours.

The five and forty Constitutions which were made in it, are sign'd by the Bishop, the seven Ab∣bots, the four and thirty Priests, and three Deacons.

In the first, It is forbidden to play at Pagan Sports with the * 1.43 Hart or Heifer, or to give New∣years-gifts, after the manner of Pagans, on the first day of January.

In the second, Priests are enjoyn'd to send Clergy to the Episcopal City to know when Lent begins, and to give notice to the People of the day of Epiphany.

By the third, It is forbidden to cause Divine Service to be said in private Houses, and to perform Vows by Trees or Fountains, and to suffer any Statues or Figures of Men.

By the fourth, It is forbidden to use Inchantments, and any ways of foretelling things to come.

The fifth forbids the Debauchery of the Vigils of St. Martin.

The sixth ordains the Priests to go fetch holy Chrysm about the middle of Lent; and if he be hindred by sickness, to send thither another Person, and to carry it in a Vessel appointed for that use, cover'd with a Linen Cloth, with the same respect that is given to Reliques.

The seventh orders, That the Priests shall meet at the City to hold there the Synod in the Month of May, and the Abbots on the first of November.

The eighth forbids to offer in the Calice any thing but Wine mingled with Water.

The ninth forbids to make Quires of Singing-women in the Church, and to make Feasts there.

The tenth declares, That it is not lawful to say two Masses upon the same Altar in the same day.

The eleventh, That it is not lawful to end the Fast of the Vigils of Easter before two hours with∣in night, because it is not lawful to drink or eat on that day after midnight. The same Rule is to be observ'd as to the Vigils of Christmas and other great Festivals.

By the twelfth, It is forbidden to give the Eucharist, or the Kiss of Peace to the Dead, and to wrap up their Bodies in Altar-cloths or Veils.

The thirteenth forbids the Deacons to cover their shoulders with the Veil or Altar-cloth.

The fourteenth forbids to Inter any in the Fonts.

The fifteenth to Inter one dead Body upon another.

The sixteenth to yoke Oxen, or to do any other such works on Sunday.

The seventeenth forbids to receive the Offerings of those who have procur'd their own death, how∣soever they have done it.

The eighteenth forbids to Baptize even Children, except at Easter, unless in a case of urgent Ne∣cessity.

The nineteenth forbids Priests and Deacons to say, to serve, or assist at Mass, after they have eaten.

The twentieth ordains, That Priests, Deacons, or Sub-deacons, who shall have Children, or com∣mit Adultery, shall be depos'd.

The one and twentieth forbids them to lye in the same Bed with their Wives.

The two and twentieth forbids their Widows to marry again.

The three and twentieth condemns a Monk who hath committed Adultery, or any other Crime, to be shut up in another Monastery, if his Abbot has not punish'd him.

The four and twentieth declares, That it is not lawful for an Abbot or a Monk to marry.

The five and twentieth forbids them to be Godfathers.

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The six and twentieth condemns an Abbot who suffers Women to enter into his Monastery, to be three Months shut up in another, and to live there upon Bread and Water. * 1.44

The following Constitutions forbid Marriages with Step-mothers, Daughters-in-law, Sisters-in-law, Cousin Germans, Aunts, and other Women.

The three and four and thirtieth forbid Priests and Deacons to be present at the place where any are put to the Torture, or to assist in a Judgment of Life and Death.

The five and thirtieth forbids them to cite another Clergy-man before a Secular Judge.

The six and seven and thirtieth forbid Women to receive the Eucharist with the naked hand, or to touch the Linen-Cloth which covers the Body of our Lord.

The eight and nine and thirtieth forbids to communicate or to eat with an excommunicate Per∣son.

The fortieth forbids Priests to sing or dance at Festivals.

The one and fortieth forbids Clergy-men to prosecute any Person at Law, and orders them to ease themselves from this care by employing Secular Persons.

The two and fortieth orders Women to have the Dominical for receiving the Communion. Some have thought that this is the Linen upon which they receive the Body of Jesus Christ, being forbid∣den to receive it with their naked hand, as was declar'd in Constitution 36. Others think that it is a kind of Veil which covers their head. Whatsoever this be, the Synod declares, That if they have it not, they shall wait till another Sunday to receive the Communion.

The three and fortieth excommunicates for ae year the Judges, or other Secular Persons, who shall throw any Reproach upon a Clergy-man.

The four and fortieth ordains, That the Seculars, who would not receive the Admonitions of their Arch-Priests, shall be excommunicated until they yield to the Advice which shall be given them, and pay the Fine which the Prince shall order.

The five and fortieth is against those who shall not observe these Canons.

The first Council of Mascon in the Year 581.

I Say nothing here of some Councils of France, held about private Affairs, which made no Ca∣nons, whose History may be seen in Gregory of Tours, because I would not insist upon any but those, whereof some Monuments are still remaining. Those of Mascon are of this number, whereof the first was held in the Month of November in the Year 581.

The Archbishops of Lyons, of Vienna, of Ses and Bourges, were present there, with seventeen o∣ther Bishops of France. They made nineteen Canons.

The first renews the Prohibition so often made to Clergy-men, of keeping strange Women in their Houses.

The second forbids Clergy-men and Seculars to have familiarity with Nuns, and to enter into, or dwell in the House with them, unless there be an evident necessity.

The third declares, That no Women ought to enter into the Chamber of a Bishop, but in the pre∣sence of two Priests, or two Deacons.

The fourth is against those who detain the Goods given to the Church by the last Will.

The fifth forbids Clergy-men to habit themselves like Seculars.

The sixth declares, That the Archbishops shall not say Mass without the Pallium.

The seventh, That the Judge cannot put a Clergy-man in Prison, except for a Criminal Cause.

The eighth forbids Clergy-men to cite their Brethren before Secular Judges.

The ninth ordains, That none shall fast from St. Martin's day to Christmas but three times a week, viz. on Monday, Wednesday, and Friday; and that on these days the Canons shall be read.

The tenth, That Clergy-men shall celebrate the Festivals with their Bishop.

The eleventh ordains, That Clergy-men who are oblig'd to Celibacy, shall be depos'd if they vio∣late the Obligation.

The twelfth, That Virgins consecrated to God, who marry, shall be excommunicated, both they and their Husbands, until death: That if they part, they shall continue under Penance as long as the Bishop shall think fit.

The thirteenth ordains, That Jews shall not be Judges of Christians, nor receivers of Taxes.

The fourteenth forbids them, according to the Edict of Childebert, to appear in publick from Holy Thursday till Easter-day.

The fifteenth forbids Christians to eat with Jews.

The sixteenth declares, That all Christian Slaves who serve Jews, may redeem themselves for a price fix'd by the Canon, and that their Masters cannot refuse to set them at liberty, if they pay them the s••••.

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The seventeenth, That those who cause any to give a false Testimony, and to swear falsly against others, shall be excommunicated till death, and those who commit these Crimes shall be declar'd in∣famous, * 1.45 and unworthy to be believ'd in any Testimony.

The eighteenth ordains, That those who accuse the Innocent to their Prince, shall be depos'd if they be Clergy-men, or excommunicated if they be Lay-men, until they have done Penance.

The nineteenth concerns a Nun who would give her Patrimony that she might come out of her Monastery, or at least that she might live more freely: She is declared to be excommunicated, and all those who shall make the like Donations, as well as those who accept them upon that condition.

The third Council of Lyons.

THe Archbishop of Lyons, and seven other Prelates of France, were present at this Council, to∣gether with some Deputies, in the Year 583, in the Month of May: They made six Ca∣nons.

By the first, Clergy-men are forbidden to keep in their Houses strange Women, and those who are oblig'd to Celibacy are forbidden to have any familiarity with their Wives.

The second ordains, That care shall be taken to signifie in the Letters which are granted to recom∣mend Captives, the day of their date, the Price which is agreed upon, the Necessity of the Captives, and that care shall be taken to authorize them by Subscriptions which cannot be suspected.

The third decrees Excommunication against the Nuns who go out of their Monastery.

The fourth renews the Canons against forbidden Marriages.

The fifth forbids Bishops to celebrate the Feasts of Easter and Christmas any where but in their own Church.

The sixth ordains Bishops to take care of the Lepers of their Diocese, and to give them something to clothe and maintain them, that they may not run from City to City.

The second Council of Valentia held in 583.

THis Council, consisting of seventeen Bishops, made an Act to confirm the Donations made by * 1.46 King Gontranus, and by the Queen Austegisildis his Wife, and by his Daughters Clodeberga and Clotilda, to the Churches of St. Marcellus and St. Symphorianus, and all the rest.

The second Council of Mascon held in 585.

THis Council was very numerous, six Archbishops, and seven and thirty Bishops were present at it in person, together with twenty Deputies from other Bishops, and three Bishops who had no * 1.47 See. They made twenty Canons.

The first is an Exhortation to the People for the holy Celebration of Sunday. Let no Person, say they, prosecute any Suit of Law on this day, let none follow their own business, let none yoke Oxen; but let all the World apply themselves to sing the Praises of God: Let those who are near the Churches run thither to shed Tears there; let your eyes and your hands be lifted up to the Lord, &c. Afterwards they decree Penalties against those who break the Sunday, according to the state and condition of the Persons. If he be an Advocate, they order that he shall be driven from the Bar; if he be a Peasant or a Slave, that he receive some blows with a stick; if he be a Monk, that he be excommunicated for six Months. Lastly, they exhort Christians to spend even the night of Sunday in Prayers.

In the second it is ordain'd, That the Feast of Easter shall be solemniz'd, and that all shall refrain from servile Works for the space of six days.

The third Canon is for hindring the Custom, which begun to grow common, of baptizing on all the days of the Martyr's Festivals. They ordain that Children shall be kept till Easter, and that they shall be brought to Church during Lent, that having received Imposition of Hands, and after∣wards

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being anointed with the Holy Oyl, they may be regenerated at Easter with the holy Bap∣tism. * 1.48

In the fourth it is ordain'd, That Men and Women shall offer every Sunday Bread and wine at the Altar.

The fifth declares, That the Divine Laws have granted to Priests and Ministers the tenth of their Possessions; that the Christians have a long time observ'd these Laws, but that of late for some time they have not been observ'd: which oblig'd them to ordain that the Faithful revive this ancient Custom, and give the Tenth to the Ministers of the Altar, which shall be employ'd either for relieving the Poor, or for redeeming Captives.

The sixth forbids Priests to celebrate Mass after they have eat and drunk: It ordains also that the remainder of the Eucharist shall be eaten up on Wednesday and Friday after Mass by Children.

In the seventh, it is ordain'd upon the Remonstrance of Praetextatus and Papoulus, That the Bi∣shops shall take the Slaves who are set at liberty into their protection, and that they shall be Judges of the Differences which shall arise upon this occasion.

The eighth ordains, That those who fly to Churches, shall not be taken thence by force; but if the Bishop finds them guilty, he shall give leave to take them away without violating the holiness of the Church.

In the ninth they declare, That it is not lawful for any Judge to take cognizance of the Causes of a Bishop, and that they ought to be carried to the Metropolitan.

The tenth forbids to accuse Priests, Deacons, or Sub-deacons, before other Judges then Bishops.

The eleventh recommends Hospitality to Bishops.

The twelfth does not allow a Judge to proceed against Widows and Orphans, unless they adver∣tise the Bishop.

The thirteenth forbids Bishops to keep Birds and Dogs for Game.

The fourteenth is against those who desire of Princes the Possessions of others, that they may invade them without Forms of Law.

The fifteenth ordains Lay-men to show respect to Clergy-men, and to salute them if they meet them on Horsback in the way, to light off their Horse and salute them if they meet them on foot.

The sixteenth forbids the Widows of Sub-deacons, Exorcists, and Acolythists to marry again.

The seventeenth forbids to Inter the Dead upon Bodies that are half rotten.

The eighteenth threatens those who contract unlawful Marriages.

The nineteenth forbids Clergy-men to be present at the Executions of Criminals.

The twentieth ordains the Celebration of a Synod every three years, which shall be appointed by the Bishop of Lyons and the King in a convenient place.

After this Council the King Goniranus made an Edict, wherein he ordains the Celebration of Sunday, exhorts the Bishops and Clergy to do their duty, and to lead an exemplary Life, advertises the Judges to punish severely the Breakers of these Laws, and particularly the Ecclesiasticks, who are oblig'd to live regularly.

The third Council of Toledo.

THe King Beccaredus order'd the Bishops of Spain to meet at Toledo in the beginning of the Month of May, in the Year 589, to restore the Catholick Faith and Discipline. After he had made a short Harangue to them, he caus'd to be read the Confession of Faith, the Creeds of the Coun∣cils of Nice and Constantinople, the Decision of Faith made by the Council of Chalcedon, sign'd by himself and the Queen. There were also read the Declarations of the Bishops and Priests of the Nation of the Goths, which contain'd the condemnation of the Errors of the Arians, and the Ap∣probation of the Creeds of the Councils of Nice and Constantinople, and the Decree of the Council of Chalcedon.

After they had thus re-establish'd the Faith, the Council renewed the ancient Discipline, restor'd the ancient Canons and the Synodical Letters of Popes in their vigor, and forbad to promote those who are excluded by the Canons to holy Orders. This is contain'd in the first Canon of this Coun∣cil.

The second ordains, that the Creed of Constantinople shall be repeated in all the Churches of Spain.

The third forbids Bishops to alienate the Possessions of their Churches, yet it leaves to Monasteries and Churches what had been given to them, and permits them also to provide for the Necessities of Strangers and the Poor.

The fourth permits the Bishop to erect a Parish in a Monastery.

The fifth renews the Law of Celibacy for Priests and Deacons.

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The sixth is in ••••vour of Slaves set at liberty.

The seventh ordains Bishops to cause to be read the Holy Scripture at their Table. * 1.49

The eighth forbids, with the consent of King Reccaredus, to demand any Persons belonging to the * 1.50 Familia fisci, that were given to the Church.

The ninth ordains that the Churches of the Arians shall belong to the Bishop in whose Territory they are situate.

The tenth leaves Widows and Maids at liberty to marry or keep Celibacy, and excommunicates those who shall hinder them from observing their Vow of Chastity.

The eleventh Canon is against an Abuse which begun to spread in Spain concerning Penance. The Christians desir'd to be reconcil'd every time, and as often as they sinn'd. The Council renews the ancient Discipline about Penance, and ordains that Penances shall be impos'd according to the anci∣ent Canons, that the Penitent shall be excluded Communion, and receive oftentimes Imposition of Hands. That he shall not be restor'd to Communion until the time of making Satisfaction be ex∣pir'd. And lastly, That those who relapse shall be sentenc'd according to the severity of the ancient Canons.

The twelfth ordains, That the Priest shall grant no Penance until he has cut off his Hair who de∣sires it, if he be a Man; or if it be a Woman, till she has chang'd her Habit.

The thirteenth forbids Clergy-men to drag their Brethren before Civil Magistrates.

The fourteenth forbids Jews to have Wives or Concubines that are Christians, and to keep Slaves that are Christians.

The fifteenth ordains, That if the Emperor's * 1.51 Slaves shall cause Churches to be built and endow'd, the Bishop shall endeavour to get this Donation confirm'd by his Authority.

The sixteenth enjoyns Judges to hinder Idolatrous Practices.

The seventeenth is against the Fathers or Mothers who put their Children to death.

The eighteenth ordains, That every year a Council of the Province shall be held, and that the Receivers of the Treasury shall be oblig'd to be present there; that so the Bishops may examin whether they burden the People too much.

The nineteenth forbids to build a Church, and to keep in their own hands the management of the Possessions given to it.

The twentieth forbids Bishops to domineer and tyrannize over the Clergy and Priests of their Diocese.

The one and twentieth is against Judges and Receivers who burden the Slaves of the Church.

The two and twentieth forbids to recite any thing but the Psalms at the Funerals of Chri∣stians.

The three and twentieth forbids profane Dances and Songs which are us'd on Festival days.

These Canons are confirm'd by the King's Edict, and sign'd by sixty two Bishops, and the Depu∣ties of five more.

The Council of Narbo in the Year 589.

REccaredus did also call this Council, which was compos'd of seven or eight Bishops, who made fifteen Canons.

The first forbids Clergy-men to wear Clothes of Purple.

The second ordains, That Gloria Patri shall be said at the end of every Psalm; and also that the long Psalms shall be divided into different parts.

The third forbids Ecclesiasticks to stand still in publick places.

The fourth forbids any to employ themselves in servile Works on Sunday.

The fifth ordains, That Clergy-men shall keep no Cabals, and that Inferiors shall submit to their Superiors.

The sixth, That Clergy-men who are shut up in Monasteries for their Faults, shall be treated by the Abbot as the Bishop shall order.

The seventh, That Clergy-men who shall be convicted of acting against the Interest of the Church, shall be depos'd.

The eighth, That those who have any ways defrauded the Church, shall be put under Penance for the space of two years.

The ninth, That Jews shall not be permitted to sing at the burying of the dead.

The tenth, That Clergy-men shall obey their Bishop, and serve the Church to which he sends them, under pain of being depriv'd of the Revenues and Communion for one year.

The eleventh, That it is not lawful to ordain an ignorant Priest or Deacon.

The twelfth, That Sub-Deacons, Porters, and the other Clergy shall discharge their Offices;

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and if they neglect, the Sub-deacons shall be depriv'd of their Salary, and the others punish'd with whipping. * 1.52

The thirteenth, That those who keep in their Houses Diviners, shall be excommunicated, and fin'd; and that the Diviners themselves shall be sold after they have been publickly whip∣ped.

The fifteenth forbids to keep Thursday as Holiday.

The first Council of Sevil in 590.

THis Council was held at Sevil in the fifth year of the Reign of Reccaredus. Leander Bishop of this Metropolis presided in it, and seven of his Suffragans were present at it.

There is nothing peculiar to this Council now remaining, but a Letter to Pegasus Bishop of Astigis, who could not be present at the Council, probably because he was weak; for neither could he be present at the third Council of Toledo.

The Bishops being assembled on the fourth day of November, in the principal Church of the City of Sevil, the Deacons of Pegasus presented to them a Memorial, which contain'd the Names of the Slaves of the Church, which his Predecessor Gaudentius had pretended to set at liberty, or to give to some of his Kinsfolk. The Bishops having consulted upon this occasion, how they are to be dispos'd of by the Canons, found it thus, That when a Bishop leaves the Possessions which he had in his own Name, to others then his Children or Grand-Children, rather then give them to the Church, no regard ought to be had to the Donations or Sales which he made of the Churches Possessions. From this Principle founded upon the sixth Canon of the Council of Agda, they conclude, That if the Church of Pegasus possess'd nothing of the Goods or Lands left by Gaudentius, the Slaves ought not to be set at liberty, as he order'd; but if the Church pos∣sess'd the Means of Gaudentius, they ought to enjoy the liberty which he had granted them. Yet not to use the utmost rigor, they are content, that in case the Bishop left nothing to the Church, to recompense the loss of these Slaves, they should notwithstanding be enfranchiz'd, on condition that they shall continue in the Service of the Church, and in dependence upon it, and that they shall be disabled to give their wages, i. e. what they can earn, to others then their Children, who shall continue also, they and their Posterity, in the same dependence upon the Church; so that the Goods of those who shall die without Heirs, shall return to the Church. And as to the Slaves which this Bishop left as a Legacy to his Kinsfolk, 'tis or∣dain'd that the Curch shall take them again, if he has not otherwise made Compensation to it for this loss. This Canon extends to all the Slaves of the Province of Boetica, which are taken away from the Church to which they belong by a like Grant. For it says, That it is against Equity and Religion, that he who lives at the Expence of the Church, and gives nothing to it of his own, shall deprive it of those Gifts that are made by others. The Bi∣shops of this Council advertise also the Bishop of Astigis, that they have thought it conveni∣ent for putting in Execution the Canon against Clergy-men, who keep strange Women, or Female Slaves in their House, which was renew'd a little while ago by the third Council of Toledo, to ordain, That if the Priests, Deacons, or other Clergy-men, do not obey the De∣claration of their Bishops, the Judges of the Places may take these Women, with the leave and consent of the Bishop, on condition that they never restore them to the Clergy-men, under pain of Excommunication. As to the Women, they order, That they shall be given to serve Nunneries.

It may be that this Council made other Canons besides those which it sent to this Bi∣shop: and indeed Burchardus, and Ibo of Chartres, relate many more under the Name of the Council of Sevil; but their Citations are so so full of Faults, that we cannot trust to their Report.

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The Council in Arvernia. * 1.53

GRegory of Tours in the eighth Chapter of the tenth Book of his History, makes mention of an Assembly of Bishops held in the fifteenth year of the Reign of Childebert, and the sixth of Clotharius, held, I say, in the Confines of Arvernia, of Gabali, and Rutenium, against Tetra∣dia the Wife of Eulalius, Countess of Arvernia. This Woman finding her self abus'd by her Husband, who was a debauch'd Man, retir'd by the advice of Virus her Husband's Nephew, with her eldest Son to Desiderius General of the Army of King Chilperic, and hindred almost all the Efforts of Eulalius. This Retreat cost Virus his Life; who was kill'd by Eulalius. The Wife of Desiderius dying, he made no scruple to marry Tetradia while her Husband was alive, who for his part ravish'd a Nun. After the death of Desiderius, Eulalius being more concern'd for the loss of his Means then his Wife, demanded Restitution to be made of what she had carried away. This Assembly of Bishops order'd, That they should be restored four-fold; and that the Children which she had by Desiderius should be declar'd Bastards and A∣dulterous. She was permitted also to return to Arvernia, after she should make Satisfaction, and to re-enter upon the peaceable possession of the Inheritance of her Father. This Woman was gently treated, and a Canon of this Nature may rather pass for an Accommodation then an Ecclesiastical Decision.

The Council of Poitiers.

THis Council was assembled for reforming the Disorders of a Monastery of Nuns in this City. This Monastery was founded by Radegonda, and was at first in Subjection to the * 1.54 Bishop of the place: But under the Reign of Sigebert, Radegonda having brought from the East some Wood of the Holy Cross, and other Reliques, to put them into her Monastery, she pray'd Marovaeus, then Bishop of Poitiers, that he would be present at this Festival; but this Bishop went into the Country, because he would not be present at this Ceremony. Ra∣degonda pray'd King Sigebert to allow her a Bishop for placing these Reliques in her Mona∣stery. Euphronius Bishop of Tours did it with great Solemnity. Although Radegonda had reason to be displeas'd with the Bishop of Poitiers, yet she did all that lay in her power to be reconcil'd to him; but not being able to compass her design, she fetch'd from Arles the Rule of St. Caesarius, and put her Monastery under the Protection of the King, because the Bishop would not take care of it. After the death of Radegonda, the Abbess call'd Leu∣bovera, pray'd also the Bishop to take it into his Protection. At first he refus'd it, but afterwards accepted of it, and took also Letters from King Chilperic, which import that this Monastery should be subject to him, as the other Churches of his Diocese were.

There were in this Monastery two King's Daughters, Clotilda the Daughter of Charibert, and Basina the Daughter of Chilperic, who had embrac'd a Religious Life under St. Rade∣genda. After her death, these two Daughters had not Humility enough to obey an Abbess, who in the Opinion of the World was not equal to them in quality, despising the Remon∣strances of their Bishop, whom they suspected, broke the Gates, burst in pieces the Bolts of their Monastery, and went out with forty Nuns, under pretence that the Abbess had abus'd them. Clotilda went in the first place to Gregory of Tours, who advis'd her to return, and offer'd also to go with her, and to find out a way, with Marovaeus's assistance, to reduce their Abbess to reason. She would not follow his advice, and went to Court to wait upon King Gontranus. In the mean time the Nuns that went with her out of the Monastery, led a most licentious Life. Some time after Clotilda and Basina return'd to Poitiers, they plac'd themselves in the Church of St. Hilary, with some wretched Ruffians, and said that they would never return to their Monastery till their Abbess were turn'd out. One of the Nuns, who continued in the Monastery, being as corrupt as the rest, feigning that she would be shut up in a private Cell, fled out at a Window, and came to them to be a Witness against the Abbess. The Bishop of the place finding himself not strong enough to put a stop to this Disorder, summon'd Gondegisilius Bishop of Bourdeaux, Nicasius of Angoulesme, and Saffarius of Petrocera. These Bishops came with the Clergy to the Church of St. Hilary, and threat∣ned these Nuns to Excommunicate them; but they were receiv'd with blows of a stick, push'd back, affronted and beaten; so that they were forc'd to retire, having Excommunicated the

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Nuns. They wrote to the Bishops of the Kingdom of Gontranus, who approv'd their Pro∣ceedings in their Answer, and summon'd them to be present with them at a Synod which * 1.55 should be held at the beginning of November. In the mean time these Nuns continued to commit all sorts of Outrages and Disorders, so that Childebert was forc'd to send an Officer, call'd Macon, to hinder them. Marovaeus being afraid of himself, sollicited Gondegisilius, and the other Bishops, to remove the Excommunication; but they would do nothing in it. The King Childebert sent a Priest to settle this Affair, but he could not do it. This did nothing but irritate these Nuns, who sent their Ruffians to the Monastery, broke open the Gates, beat and wounded the Nuns, tore the Abesses Clothes, dragg'd her through the Street, and shut her up in a place, from whence she could not come forth, even on Easter-day. The Bishops renew'd the Excommunication pronounc'd against them, but they car'd not for it, and continued their Outrages. At last Childebert and Gontranus were forc'd to agree among themselves, That the Bishops of both Kingdoms should assemble to judge them, and to give them a strong Force for hindring such Outrages as they had committed. These Bishops be∣ing assembled at Poitiers the nine and twentieth year of the Reign of Gontranus, and the fifteenth of Childebert's (which is the thirtieth according to the vulgar Aera) had this Affair under Examination. They heard the Accusations which Basina and Clotilda alledg'd against the Abbess, and the Defence which the Abbess made for her self. They accus'd the Abbess of exposing the Nuns to hunger and nakedness, of suffering Men to wash in a Bathe of the Monastery, of playing at Dice, Tabula, of suffering Contracts of Marriage to be made in the Abby, of taking the Sacred Ornaments to dress up her Niece. The Abbess answer'd, That she had always maintain'd her Nuns as plentifully as the Season would permit; that as to Garments, they had the remainder of them in their Coffers; that she had never suffered strangers to wash in the Bathe; that if she had play'd, it was while Radegonda was alive, and that she did not think it was forbidden by the Rule or by the Canons, but if the Bishops should forbid her, she would not do it any more; that she had made no Feasts, but only receiv'd and entertain'd Guests; that she had only receiv'd the Earnest of the Espousals of her Niece; that if it was a fault, she would ask pardon; and lastly, that she had not taken any of the Ornaments of the Church, to dress up her Niece. On the other side, Clotilda and Ba∣sina were accus'd of going out of the Monastery, of carrying out with them many Nuns, and of other Crimes and Outrages which we have just now related. This being prov'd, the Bi∣shops found that the Abbess had committed no Crime for which she deserv'd to be Depos'd, but only some slight Faults, which they exhorted her not to commit again: And as to Basina and Clotilda, they Excommunicated them till they should do Penance, and pray'd the Kings not to suffer them to enter again into the Monastery.

In the Council of Metz, which was held after the decease of King Gontranus, wherein Ae∣gidius Archbishop of Rhemes was Depos'd as guilty of Treason. Clotilda and Basina ask'd par∣don for their Fault, and they were receiv'd into Communion upon the request of King Chil∣peric. Clotilda return'd into the Monastery, and Basina spent the remainder of her Life in a Country-house.

The Council of Metz in the Year 590.

THis was an Assembly of Bishops which King Childebert call'd together to Judge Giles Archbishop of Rhemes, who was accus'd of Treason. A Duke call'd Ennodius was his Accuser; and the first Article of Accusation which he propos'd against him, was, that he held Correspondence with King Chilperic, who had always been an Enemy to Childebert. He affirm'd also that Chilperic had given him some Lands of his Dominions. Giles confess'd that he had always been a Friend to Chilperic, but he maintain'd at first, that he had done no∣thing against the Interest of Childebert, and that he had given him the Demains which he possessed. He produced the Grants of them, but they were declared to be forged; for the King denied that he had given him any thing; and Otho the Master of the Re∣quests declar'd that the Subscription was none of his. After this the Letters of Giles written to Chilperic were produc'd, and of Chilperic to Giles, wherein there were In∣vectives against Brunechildis the Queen. Giles deny'd that he had written the one, or receiv'd the other, but he was convicted of both by his own Domestick. The King accus'd him of being the Author of a Treatise, written for King Chilperic, against Gontranus; and this was prov'd by the Register of King Chilperic. He was also convicted by the Abbot of St. Remi∣gius, of having receiv'd a considerable Sum from King Chilperic. Giles being convicted of these things, and having also acknowledg'd them to be true, the Bishops desir'd three days

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space to give him time to justifie himself if he could. When the time was expir'd, he ap∣pear'd in great Confusion before the Assembly, and said, Why delay you to judge a Crimi∣nal? I acknowledge that I am guilty of Treason, that I have deserved Death, that I was al∣ways contrary to the Interest of the King and his Mother, and have caused many Wars, which have brought several places of France to Desolation. The Bishops having heard this Confession from his own Mouth, after they had read the Canons, and obtain'd the King's Grace for his Life; he was immediately banish'd to Strasbourg, and Romulfus the Son of Duke Loupus, was plac'd in his room. Epiphanius Abbot of St. Remegius was also depriv'd of the Dignity of Abbot. There was found a great quantity of Silver in the Cabinet of this Bishop: What of it came from his Robberies, was put into the Royal Treasury; and what was part of the Churches Revenews, was left to the Church. In this Council Basina and Clotilda ask'd pardon for their Fault, and were receiv'd into Communion.

The Assembly of Bishops at Nanterra.

THERE was nothing remarkable in this Assembly, but what was done for solemnizing * 1.56 the Ceremony of the Baptism of Clotarius, at which Gontranus was God-father.

The Council of Caesar Augusta.

THIS Council was held in the seventh Year of the Rign of Reccaredus, which was the * 1.57 Year 592, on the last day of October. Arthemius Bishop of Tarraco presided in it; ten o∣ther Bishops were present at it, and two Deacons deputed from two other Bishops. They made three considerable Canons.

In the first it is ordain'd, That the Arian Priests who are converted, if they give signs of the sincerity of their Conversion, may perform the Office of Priesthood, after they have received a-new the Blessings of the Priests, Benedictionem Presbyterii; but those who shall neg∣lect to lead a Regular Life, shall continue degraded from their Order, although they be among the Clergy. The same thing is ordain'd with respect to Deacons.

The second ordains, That in whatsoever place Reliques are found that come from the A∣rians, they shall be given to Bishops, that they may be try'd by putting them into the fire. Those who shall conceal or retain them, are threatned to be Excommunicated.

The third ordains, That if Arian Bishops, who are converted, shall Consecrate Churches, before they have received the Benediction, they shall be consecrated a-new by a Catholick Bi∣shop.

After this Council follows a Letter from the Bishops to the Receivers of the Prince's Taxes at Barcelona, wherein they consent, that a certain Tax should be levied upon the Measure of Corn growing on the Church-Lands.

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The Council of Toledo, held in the twelfth Year of the * 1.58 Reign of Reccaredus, the Five hundred ninety seventh of Jesus Christ, consisting of thirteen Bishops of Spain, It was National.

THIS Council made two Canons.

The first ordains, That Priests or Deacons who shall not observe Continence, shall be de∣graded from their Ministry, and shut up in a Cloyster by the Bishops Order, that their punishment may serve for an Example to others, and for Penance to themselves.

The second orders, That the Bishop cannot invade the Revenues of a Church or Chappel built in his Diocese, and that this Revenew shall be given to a Priest who shall serve in it, if the Revenew be sufficient for him; if not, that a Deacon shall be plac'd there; and if there be not enough to maintain a Deacon, that at least a Porter shall be plac'd there to keep the Church clean and decent, and to light up the Candles in it at Night before the Re∣liques.

The Council of Osca, or Huesca, a City of the Pro∣vince of Tarraco; held under the same King in the Year 598.

THIS Council made two Canons.

The first ordains, That the Bishops shall hold an Assembly every Year, of the Abbots, Priests and Deacons of their Diocese, to give them Precepts and Advice about the way and manner * 1.59 wherein they ought to live.

The second, That the Bishops shall carefully examine, Whether the Priests, Deacons, Sub-deacons, and Clergy live chastly: That if any one is suspected of Incontinence, In∣formation shall be given of it, either by the Deposition of the Clergy, or the Testimony of the Notaries, or by examining the behaviour of the Women, with whom he is said to keep Company, or by any other ways which may be useful to discover this sort of Crimes; that on the one hand, no person may be blacken'd upon false Reports; and on the other, no Crime may be palliated by false Excuses.

The Council of Barcelona under the same King held in 599, consisting of twelve Bishops.

THIS Council made four Canons.

The first forbids Bishops and Clergy-men to take any thing under any pretence, and after any manner whatsoever, for the Ordination of Deacons or Priests, which it calls Benedictio Subdiaconii, * 1.60 vel Presbyterii; which explains the first Canon of the Council of Sarogoza, which we have before set down, where it is said, That the Arian Priests shall receive Benedictionem Presbyterii, before they can discharge their Office.

The second forbids Bishops to take any thing as the Price of the Liquor of Holy Chrysm, which they give to Priests for confirming the Novices.

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The third forbids Lay-men to enter into Orders, without observing the times prescribed by the Canons, and ordains, That none shall be promoted to Episcopal Orders, who has not pass'd through the Inferior Orders, though he has obtain'd the King's Letter, or be chosen by the Cler∣gy, the Bishop, or the People. This Canon prescribes a particular manner of choosing a Bishop, viz. That the People and the Clergy shall choose three Persons to present them to the Metropolitan and Bishops of the Province, who shall consecrate him of the three on whom the Lot shall fall, which shall be done after a Fast.

The fourth ordains, That if a Virgin, who has renounc'd the Customs of the World, and promis'd to observe Continence, or any other person, who has desir'd of the Priest Benedictionem Poenitentiae, i. e. the Blessing for leading a Religious Life; for this is often call'd Poenitentia & Conversio; that if any of these Persons, I say, do voluntarily marry, or being taken away by force, will not part from their Ravishers, they shall continue excluded from the Communion of the Faithful, and shall not have so much as the comfort of conversation. This Canon may be also understood litterally of Penance, be∣cause it was not lawful for Penitents to make use of Marriage, or to marry.

The End of the Fifth Tome.

Notes

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