ALL the calumnies obiected to Constantine haue such dependance on the second Romane Synod held in Syluesters time , that the due examining of this one Synod will bee a full clearing of all the chief calumnies which they haue most malitiously deuised against him .

Now this Romane Synode might iustly and with much ease be reiected , and that by the warrant of that true and memorable testimony of Hincmarus a a Hinc . Epist. 7. Ca 2. Bishop of Rhemes , who speaking of some of the Decrees thereof , saith , Catholic● Ecclesia inter Synodalia decreta non computat . The Catholicke Church doth not esteeme the Decrees made in this Romane Councell to bee Synodall . But because it is cited both by Pope Nicholas b b Nic. 1. Epist. 8. §. Consonat . & §. Hinc etiam . the first , and by Bellarmine , c c Bell. lib. 2. de Conc. ca. 17. & lib 2. de Ro. pontif . cap. 26. as a worthy Synod strengthning the Popes supremacie , magnified by Baronius d d Cum haec Rom. Synodus vt legitima in compluribus antiquis codicibus scripta habeatur , non est quod quis ●uspicari possit hum●num esse commentum . Ba● . an. 324. nu. 29. for an ancient monument of the Church , and for a sacred e e Quam & sacri Romani Concilij actis intelligimus confirmari . an cod . nu. 30. Councell , published for such an one , by Binnius f f Bin. tom . 1. Conc. pa. 299. & seq. and commended in their Roman Breuiarie g g Breu. Rom: in fest. S. Siluest. Decemb. 31. , to the publicke vse of the Church , let vs more at large , and seriously consider the worth and dignitie thereof : examining first , the persons therein assembled . Secondly , the Acts and Canons thereof . Thirdly , the time and some circumstances which concerne the time , when it is supposed to haue beene held : by euery one of which I doubt not but the basenesse and forgery of this Synod will bee made manifest .

For the first , had there been any such true Councell , the Church should not haue accounted that at Nice , but this at Rome for the first generall Councel : for this could not be thought a prouinciall Synod , seeing vnto it were called , and present in it , as the Acts do shew , of the Westerne Bishops 139. of the Greeke Bishops 132. out of Rinocorura ( which Ptolomee h h Ptol. Tabul . 3. Africae . placeth in the very vtmost part of Egypt , farre beyond Alexandria ) 57. Bishops . When out of so many seuerall Prouinces , subiect to seuerall Patriarkes , so many Bishops as 328. were called and present : what reason can bee imagined why this should not be a generall Councell as well as that at Nice , wherein were present not so many Bishops , nor in likelyhood out of so many distinct Prouinces ? And because it was held before the Nicene Councell , it must needes ( had there beene such an one ) haue beene reckoned the first of all generall Synods . Seeing then the Church neuer so accounted it , but euer held that at Nice ( which was celebrated after this ) for the first , it is manifest by the Churches iudgement that they knew not of any such Romane Councell as this vnder Siluester .

Baronius to heale this sore , telleth i i Bar. an. 32● . num. 124 ▪ vs , that in the edition of Cresconius the Greeke Bishops are omitted , and he giues a reason why they could not bee present at this Councell , because there was not time enough to call Bishops out of so remote countries : adding further , that Syluester called onely the Italian Bishops to the Synod . Baronius might as well in plaine tearmes haue professed the Acts of this Councell , wherein all these are sayd to haue bin assembled , to be false and forged , ( which is the point we endeauour to proue : ) but the Cardinall was loth to speake so plainely , and after the Macedonian fashion , to call a Spade a Spade . Let vs passe by this his modestie : See but how vncertaine and incoherent these coniectures of Baronius are . It is very vncertaine how long or short the time was after the Synod was first summoned till the Session thereof : and why out of Greece they might not as easily come to Rome vpon a short summons , as out of Egypt and the vtmost part thereof ( where Rinocorura is ) I thinke it would trouble Baronius to declare . Againe , whereas Baronius would out of the Cresconian edition haue the number of Bishops in that Synod to be 230. he might haue obserued that his fellow Bellarmine k k Bell. lib. 2. de pont. ca. 26 , yea and their owne Breuiarie l l Breu. loc. citat . directly checketh that number , and telleth him , that there were 280. or 284. Bishops present : and yet neither of those numbers doe accord with the Acts m m Nam recensentur ex vrbe Roma & non longe ab ea ( puta ex Italia ) 139. ex Graecia 132. ex Rinocorura , 57. Act. conc . Rom. of that Councell : for if the Greeke Bishops and they of Rinocorura be both omitted , there are but 139. which wants 90. of Baronius number , and of Bellarmines 140. If they of Greece onely bee left out , and the other of Rinocorura admitted , then were present 196. which wants of Baronius number 34. and of Bellarmines 84. So incoherent and confused is their account in seeking to defend the truth of this Synod . Further , whom can Baronius perswade that in Italie n n Tantum Italiae Episcopos à Syluestro conuocatos fuisse Romam credimus . Bar. an. 324. nu. 124. alone there were at that time 230. Bishops , as by this account o o Nam ex Cresconiana editione quam sequitur & probat , nu merat Episcopos , 230. ibid. there must , which onely number of Italians ( farre more p p Itali praelati . Tridenti 87. in Appen post sinem Conc. Trid. then was at Trent ) might haue ouerswayed in any ancient Councell whatsoeuer the Pope had pleased .

But leauing them thus intangled in their defence of this Synod , I wish any indifferent man to thinke with himselfe , what credit is to bee giuen to that Councell , wherein the forgerer was not ashamed to set downe the names and Chyrographos q q Act. Conc. Rom. cap. 1. the hand-writings of 132. Bishops as consenting to that Synod : not one of which ( as the Cardinall assures you ) were so much as present in the Synod : or whether hee might not as easily forge a few Canons out of his owne braine , as counterfeit the names and hand-writings of so many Bishops wherein his fraud might more easily bee perceiued and controuled . This briefly for the persons .

THE second consideration is of the Acts and Decrees supposed to be made in this Romane Councel , wherein there are diuerse euident demonstrations of forgerie . In it was condemned Photinus as their Breuiarie a a Breu. loc. citat vbi iterum Arius . Photinus Sabellius damnati sunt . testifieth , and the like is affirmed by the Epilogue , b b Epil . breuis sequentis Rom. concilij qui Actis praefigitur . or rather Preface to that Councell . An vntruth voide of all probabilitie , seeing the heresie of Photinus sprung vp as Socrates truly sheweth , diuers yeares after the death both of Constantine and Syluester : for after the Councell at Antioch in Encaenijs , he c c Socrat. lib. 2. cap. 14. saith ; that at Sirmium noua haeresis exoritur , a new heresie did arise , and that was the heresie of Photinus . And againe , d d Socrat. lib. 2 cap. 24. when Photinus Bishop of Sirmium endeuoured to diuulge that doctrine which he had deuised , and tumult began to arise about it , the Emperour Constantius commaunded a Synod to be called to Syrmium , wherein they deposed him from his Bishopricke . Thus Socrates , and the like doth Sozomen e e Sozom. lib. 4. cap. 5. affirme . Had Photinus bene condemned in the great Nicene , and againe in this Romane Synod by Siluester , ( as their Breuiarie saith he was ) how did he continue Bishop of Syrmium more then thirtie yeares f f Sirmiense concilium habitum est , an. 357. Bin. in Not. ad id . conc . hoc autem Rom. habi●um 324. after that sentence ? or what needed the Councell at Syrmium to examine , or condemne either him or his heresie , which both by Pope Siluester had so long before bene condemned , and also by the great Nicene Councell ? or how could either Siluester in the Romane Synod , or the Nicene Councell condemne that heresie in Photinus , who began first to broach his heresie neare hand twenty yeares after the end of these two Synods ? Binius saw and confessed this , and therefore saith ; g g Bin. notis in hoc Concil. 3. Epilogus . That which is spoken of the Photinians to be condemned in this Romane Synod , Planè falsum est , It is vtterly false .

In the third Chapter of that Councel is decreed , That a Presbyter may not accuse a Bishop , nor a Deacon a Presbyter , nor a sub-Deacon , a Deacon . Concerning which Canon , let the iudgement of Hincmarus be obserued . He h h Hinc . Epist. 7. cap. 21. & seq. at large proueth both by Scripture and auncient Canons , the contrarie to this : he cals this vanam opinionem , a vaine opinion , and whereas some doe produce , saith he , Saint Siluester to haue decreed these things : he tels vs , that the Catholike Church doth not account them as Synodall decrees . And after he hath recited the words of this Romane Synod , and of this third Chapter thereof , he saith i i Ibid. ●ap. 24. of it ; Quae dicta quam aduersa sibi , & quam diuersa à Sanctis Canonibus & sacris legibus sint nemo est qui dubitet : Which sayings , how contrarie they are in themselues , how repugnant to the holy Canons and sacred Lawes , there is none that doubt . And after he hath professedly refuted that Decree by sundry reasons , he in the end concludes , k k Ibid. Quapropter credendum non est , wherefore it is not to be beleeued , that Saint Syluester did make such Decrees . Thus their famous Archbishop of Rhemes .

In the third Chapter is set downe , That a Bishop shall not be condemned vnder seuentie two witnesses against him , nor a Presbyter vnder fortie foure , nor a Deacon vnder thirtie sixe , nor a Sub-deacon , A coluth , ex●rcist or Reader , vnder seauen : and th●se witnesses l l Testes autem & Accusatores sine aliqua sint in●amia , vxores ac filios habentes . Italegit & citat v●rba Canonis huius tertij Hinem. Epist. 7. ca. 22. In edit . Biniana textus multo obscure tior est . must be such as haue wife and children . So the Synodall Canon . It were worthy the learning , ( seeing the Canon presupposeth , that a Bishop and Presbyter may be accused and condemned ) who they are that can possibly beare any witnesse against them , not one Bishop or Presbyter against another , for they are not such witnesses as may haue wiues and children , if you will beleeue their Romane doctrines m m Caelibatus iure Apostolico annexus est sacris ordinibus . Bel. lib. 1. de Cler. ca. 19. and decrees . Not any inferior vnto them , for that the same Canon n n Can. 3. conc . Rom. forbids ; not any lay person , for a Canon of a more ancient Pope , o o Marcel . 1. epist. 2. & ●●atur caus. 2. q. 7. ca. Laico . and of as great authoritie as this of Siluester decreeth , Laico non licet quenquam Clericum accusare . A lay man may not accuse any Cleargie man . It was not without good cause that Hincmarus said ; The Canon was repugnant to it selfe . And of the last clause touching married witnesses , Hincmarus censure is most iust , quam p p Hinc . Epist. 7. cap. 23. absurdum sit ratio aperta demonstrat . Manifest reason doth demonstrate that to be verie absurd , that the testimonies of such as haue wiues and children , should be more esteemed then such as are continent , or married and haue no children .

In this Synod q q Can. 6. & alibi . is mention diuers times of the Cardinall Deacons of Rome , which Title of Cardinals not to haue beene giuen to Deacons in Siluesters daies , is more then probable . For the name Cardinall being added to Bishop , Presbyter , or Deacon , betokens a difference betwixt such and others , the one r r Hoc discrimen ponit Bel. Apol pro Torto ca. 4. §. At inquit , & §. Quod addit . hauing the dignitie and right to elect the Pope , and bee of his Councell in gouerning the Church : the other wanting both these . So to say that in Siluesters time there were some Cardinal Deacons , or Presbyters of Rome , implyes that some others of the Presbyters and Deacons of Rome were not Cardinals , or else it were friuolous and idle to vse that addition . Now in Siluesters time , and long after all the Presbyters , and all the Deacons of Rome ioyned in the election of the Pope , and assisted him in gouernment . Of the later ( which is assisting the Pope ) those frequent Romane Synods vsed in the times of auncient Popes , are witnesses , which since the erection of the Colledge of Cardinals in growne out of vse , as Bellarmine s s Concilia Romana particula●ia exoleuerunt & in eorum loca Consistoria Cardinalium successisse videntur . Bell. cap. eod. §. Quod addit . saith , and in their stead the Consistories of the Cardinals haue succeeded . Of the former , which is the election of the Pope , besides innumerable examples , the fourth Canon of their first Councell vnder Symmachus is a witnesse , where the election of the Pope is signified t t Con. Rom. 1. sub Sim. to be made by the consent , totius Ecclesiastici ordinis , of the whole order of the Romane Cleargie , or of the maior part of them : And this was aboue 170. yeares u u Conc. illud Rom. sub Simmacho habitum est an. 499. Bin. in Nor. ad ●d con. hoc sub . Siluestro an. 324. Bin. Not. in hoc conc . after this Romane Synod . Bellarmine who hath laboured this point , acknowledgeth this truth with vs . This , saith he , x x Hoc solum interest inter antiqua tempora & recentia , &c. Bell. Apol. pro Tort ca. 4. §. At inquit . is the onely difference betwixt the ancient and the latter times , because of old , by reason of the paucitie of persons , omnes in communi hoc officio fungebantur , All the Presbyters and Deacons of Rome did in common performe that dutie ( of electing and assisting the Pope ) and so y y Non distinguebantur Presbyteri & Diaconi Romani Cardinales à non Cardinalibus . ibid. the Romane Presbyters and Deacons that were Cardinals , were not distinguished from those that were not Cardinals , but afterwards when the number of Presbyters and Deacons did increase , it was needfull to select some few that should performe this office , and those were called Cardinall Presbyters , and Cardinall Deacons of the holy Church of Rome . Thus Bellarmine , who tels vs withall , that this reducing the Popes election to a few selected Bishops , Presbyters , and Deacons , is not late or new , seeing it is fiue or sixe hundreth yeares old . Which antiquitie wee enuy not to Cardinall Deacons , seeing the Cardinall confesseth that for the first times ( vntil 1000. yeares after Christ ) all the Romane Presbyters and Deacons were Cardinals alike , no difference being among them , for which some were to be called Cardinals , and not others . Wherefore seeing this Romane Synod giues the Title of Cardinals to Romane Deacons , of which name at that time there neither was nor could be any vse , it may thence be perceiued that the deuiser of these Synodal Acts , bewrayed both his malice in forging , and ignorance in doing if so very vnskilfully , it being as ridiculous to call those old Romane Deacons , Diaconi Cardinales , ( so the Synod saith ) as to say Diaconi homines , or Diaconi Clerici .

Yea , but in Siluesters time all the Romane Deacons were not Cardinals , ( saith Bellarmine z z Bell. ibid. §. Non 〈◊〉 . ) but seauen onely who were cheefe among the rest . Bellarmine herein contradicteth his owne saying . For in his Controuersies he teacheth , That there were but seuen a a Bell. lib. 1. de Cler. cap. 16. §. H●●c . Deacons in Rome in Siluesters time : And that he proues by the Councell of Neocesarea , b b Conc. Neoce●a . c●n. 14. Which decreed , that in one cittie , though it bee great and ample , septem tantum debere esse Diaconos , there ought to be onely seauen Deacons : Which Councell was then verie fresh in memorie , ( as held c c Habitum est , an. 315. vt colligit Bin. Not. in id Concil. in the time of Pope Siluester ) and was withall approued d d Distinc. 20. ca. de libellis . by the Romane Church : Now all those seauen to haue beene Cardinals , both this Romane e e Diaconi Cardinales vrbis Romae septem . Can. 6 Conc. Rom. Synod auoucheth , and Bellarmine f f Tempore Siluestri 7. tantum erant Romae Diaconi ( Cardinales abundare videtur ) & illi omnes 7. erant Cardinales , Bell. lib. 1. de Cler. ca. 16. expresly confesseth . By what other Arithmeticke then he can finde any Romane Deacons in Siluesters time , that were not Cardinals , but by the rule of falshood , it is not easie to coniecture . And although among seauen , it were no incongruitie to call two or three of them Cardinall Deacons , as chiefe among the rest , yet to call them all Cardinals , as the Councel doth , it is as absurd as to call all the thirtie two points , Cardinall winds ; which none but such as the vnskilfull forgerer of this Romane Synod will affirme . For if all be Cardinals , then are none Collaterall ; if all chiefe , then none inferior .

In another Canon , g g Can. 5. Siluester is said to haue appointed with a loude voyce , that no Presbyter should make Chrisme , and the reason thereof the Pope there giues , because Christ hath his , Name of Chrisme . By which reason it is as forceably consequent , that no Bishop , nor the Pope himselfe may make Chrisme . The deriuation of Christs name will inforce the one both as Logically and Theologically as the other . And why may not a Presbyter make Chrisme , as well as make Christ himselfe ? Or why shall not this reason exclude a Presbyter from consecrating or transubstantiating the Bread , as well as from consecrating Oyle or Chrisme ? Sure this and the former reason concerning married Witnesses , were both framed in one forge of simplicitie and folly .

There are other like worthy reasons set downe in another Canon , h h Can. 16. Which forbids any Cleargie man to enter into the Court , quoniam omnis curia à cruore dicitur , Because euery Court hath his name of crueltie . Siluester , it seemes , was desirous to shew his Papall authoritie in decreeing Lawes for Grammarians as well as for Diuines , and making a new Etymologicum . Pomp. Festus knew not this Papall Etymon , when i i Fest. in voc● Curia . he said ; Curia est locus vbi publicas Curas gerunt , It is called the Court of those publique cares , and vigilancie of the chiefe Magistrate and his Ministers , for the Publique good and happinesse of the Common-wealth , who like Epaminundas , watch and wake for the Cittie , while the rest by meanes of their care , sleepe securely . Cicero knew not of this Etymon , when he described k k Cic. orat : pro Milon . the Court to be , templum sanctitatis , the Temple of sanctitie , of honour , of wisedome , of publicke Counsell , and the like . If euery Court hath his name of crueltie , what shall be thought of the Romana Curia , of which it is said ; Non vult ouem sine vellere ? Nay it were well if they would onely fleece , but alasse , they flay and worrie the sheepe of Christ . It is that Court of which Espenceus l l Claud. Espenc . Com. in Epist ad Tit. ca. 1. digress . 2. their learned Bishop speaketh , wishing Pius the fifth would heare what an Italian Poet and Diuine saith of it , There remaines in the sheepefold the Boare , the Tyger , the Lyon , the Liberd , the Griffin , the Panther and Beare . And vnto Leo the tenth he feared not in plaine tearmes to say ; Romana graui maculata veneno Curia , The Romane Court is defiled with poyson , the contagion whereof hath infected all Countries . Thus and much more Espen●eus , explaining how truly Siluesters Etymon agrees to the Court of Rome .

The Canon it selfe whereof that s a reason , is not vnworthy obseruing ; the Pope and Synod most straightly forbid either Deacon or Priest , or any Clergie man for their owne , or for any cause at all , to come , or so much as enter m m Nemo clericus propter causam suam quamlibet intret in Curiam . Can. 16. Conc. Rom. 2. into any ( secular n n Ita explicatur in vita Siluestri . Hic constituit , vt nullus clericus propter quamlibet causam in curiam introiret , nec ante iudicem ciuilem ( id est saecularem ) causam diceret , nisi in Ecclesia . ) Court , for that is Idolatry ; and if any doe it , Anathema suscipiat , nunquam rediens ad matrem Ecclesiam : Let him bee accursed , and neuer restored to the Church againe . Thus decrees the Synod . Was S. Paul then an Idolater and Anathema for appealing o o Act. 25. 10. 21. to Caesars Court ? Or is Constantines tribunall more accursed then Neroes ? Was Athanasius an Idolater , an Anathema , when fleeing from the Councell at Tyre , he went to Constantinople p p Nos adito principe , Eusebianorum scelera patefecimus , Athanas. Apol. 2. pag. 219. , made complaint to Constantine of his wrong : entreated and obtained audience at his Court ? Were all those holy ancient Bishops Idolaters and accursed , who as subordinate officers to the Emperour , and by commission from him , not onely came into the Courts , but sat as Iudges therein , hearing and determining not onely Ecclesiasticall but ciuill Causes , and that with such a priuiledge , that if any man would reiect the ciuill Iudge , and appeale to the Bishops iudgements , the Bishops sentence should stand firme , without any appeale : tanquam ab ipso Imperatore prolata : as if it had beene giuen by the Emperour in his owne person . This Sozomen q q Sozom. lib. 1 cap. 9. witnesseth , but more effectually the Emperors owne Edicts , that of Arcadius r r De Episc. audientia . l. 8. Cod. Iustin ▪ Honorius , and Theodosius ; wherin that which I cited is exprest , & another more ancient than theirs , made euen by Constantine himself , who s s L. 1. de . Episcopali iudic●o Cod. Theod. thus writ to Albanius . Omnes causae quae vel praetori● iure , vel ciuili tractantur : All causes which are handled by the Praetorian or ciuill law , if they be ended by the sentence of Bishops , are ratified for perpetuall stabilitie , neither shall it be lawfull to examine that cause which the sentence of Bishops hath decided . Thus we did once decree by an holesome edict , and this perpetua lege firmamus , wee ratifie by a law to abide for euer . Thus decreed Constantine . Let now any of iudgement consider , whether it be credible that so wise and religious an Emperour as Constantine , could so crosse his owne Acts and Decrees , as in this Roman Synod , to subscribe ( as the Synodall Acts of this Councell say t t Subscripserunt Episcopi 284 & Augustus Constantinus . Act. Synodi Rom. 2. ca. 20. & ca. 10. he did ) to that Canon which accurseth all Clergie men that come into any Court , and yet establish the Episcopall courts and iudgement in all causes , and that with such ample priuiledges as he did in his edict now remembred : or whether this edict of Constantine allowing with many honors and immunities the presence of Clergie men in ciuill & imperiall Courts , doe not conuince this Romane Synod of forgery , which maketh Constantine subscribe to the condemning and anathematizing of all Clergie men that enter into any such Court .