PART
.
I.
SECT.
I.
UPon
the
death
of
Julian
,
there
was
another
quick
and
suddain
turn
of
Affairs
,
by
the
Election
of
Jovian
a
Christian
to
the
Empire
,
though
the
change
was
rather
made
in
the
Emperor
,
than
the
Religion
.
For
Christianity
was
so
universally
entertain'd
,
that
Julian
with
all
his
Arts
of
Undermining
and
Persecution
,
could
make
but
very
little
alteration
in
the
Church
,
and
at
last
left
it
in
the
very
same
or
a
much
better
Condition
than
that
in
which
he
found
it
.
And
for
that
reason
[
(a)
](A56397-e3680-b)
(a)
Invec
.
1.
p.
80.
A.
Gregory
Nazianzen
derides
his
folly
and
madness
in
endeavouring
to
destroy
Christianity
,
when
it
had
so
universally
prevail'd
,
[
(b)
](A56397-e3730-b)
(b)
Am.
Marcel
.
l.
21.
c.
2.
and
himself
was
so
sensible
of
it
,
that
he
was
forced
for
a
time
to
conceal
his
own
Religion
,
and
as
he
marched
out
of
France
towards
Rome
,
he
was
forced
to
keep
Christmas
at
Vienna
,
that
he
might
seem
to
be
of
the
same
Religion
with
his
Army
.
And
so
during
his
reign
they
kept
it
themselves
,
so
as
to
keep
it
in
reality
;
[
(c)
](A56397-e3800-b)
(c)
Theod.
l.
4.
c.
1.
for
when
Jovian
was
chosen
Emperor
upon
his
death
,
he
refused
it
as
being
a
Christian
,
and
so
unfit
to
command
Julian's
Army
,
whom
he
could
not
but
suppose
to
be
of
the
same
Religion
with
their
Master
.
At
which
a
great
shout
was
made
,
O
Sir
take
no
care
for
that
,
for
you
shall
command
Christian
Men
,
and
such
as
are
educated
in
the
Discipline
and
Piety
of
the
Christian
Church
,
for
the
eldest
among
us
were
train'd
up
under
Constantine
,
and
the
younger
under
Constantius
;
and
as
for
the
time
of
Julian
,
it
was
too
short
to
make
any
alteration
as
to
the
Principles
of
our
Religion
.
Upon
which
declaration
,
when
he
had
made
them
repeat
it
several
times
(
[
(d)
](A56397-e3890-b)
(d)
l.
3.
c.
22.
as
Socrates
tells
the
Story
)
he
accepts
the
Empire
,
[
(e)
](A56397-e3930-b)
(e)
Sozom.
l.
6.
c.
3.
and
immediately
restores
all
the
Revenues
,
Privileges
and
Immunities
,
that
had
been
given
to
the
Church
by
Constantine
and
his
Sons
,
and
taken
away
by
Julian
.
[
(f)
](A56397-e3980-b)
(f)
Greg.
Naz.
in
laud.
Athanas
.
And
withal
restores
all
the
banished
Bishops
,
and
particularly
St.
Athanasius
with
especial
regard
to
his
Person
,
to
whom
he
writes
for
Instructions
,
in
order
to
the
settlement
of
the
true
Faith
,
who
upon
it
immediately
calls
a
Council
,
and
to
prevent
the
Application
of
the
Hereticks
,
sends
him
out
of
hand
the
Nicene
Confession
,
[
(g)
](A56397-e4010-b)
(g)
Athanas
.
de
fide
ad
Jovian
.
not
only
as
the
true
old
Apostolical
Faith
,
which
Arius
and
his
followers
had
endeavour'd
to
corrupt
by
their
prophane
Novelties
,
and
others
,
i.
e.
the
Eusebians
endeavour'd
to
supplant
,
though
they
durst
not
disown
it
:
But
as
the
sense
of
the
Catholick
Church
ever
since
the
Nicene
Council
in
Spain
,
in
Britain
,
in
France
,
in
Italy
,
Dalmatia
,
Mysia
,
Macedonia
,
Greece
,
Affrick
,
Sardinia
,
Cyprus
,
Creet
,
Pamphylia
,
Lysia
,
Isauria
,
Egypt
,
Lybia
,
Pontus
,
Cappadocia
,
and
all
the
Eastern
Churches
,
a
very
few
only
excepted
all
whose
subscriptions
(
he
says
)
and
many
others
more
remote
,
we
have
in
our
own
Possession
,
and
therefore
though
there
are
some
few
scatter'd
Dissenters
,
that
ought
to
be
no
prejudice
to
the
Faith
of
the
whole
World
.
And
this
is
another
clear
Confutation
of
that
uncatholick
surmise
from
the
mistaken
Sense
of
St.
Jerom
,
that
all
the
World
were
at
that
time
turn'd
Arians
.
But
the
most
pleasant
Scene
of
that
time
,
was
the
Council
of
Antioch
,
[
(h)
](A56397-e4130-b)
(h)
Soc.
l.
3.
c.
25.
when
all
the
Arian
World
(
if
any
such
there
were
)
would
needs
turn
Orthodox
;
for
the
Eusebians
,
that
had
been
supplanted
by
the
Acacians
under
Constantius
,
finding
now
that
they
had
a
Christian
Emperor
,
they
petition
him
in
his
return
from
Persia
,
that
the
Acacians
who
taught
the
Son
to
be
unlike
the
Father
,
might
be
displaced
out
of
their
Bishopricks
,
and
themselves
restored
;
but
they
receiving
no
kind
answer
from
him
,
who
understood
them
too
well
,
and
the
Acacians
,
who
resolved
to
keep
their
hold
,
finding
which
way
his
Pulse
beat
tamper
with
Meletius
the
Orthodox
Bishop
of
Antioch
,
and
dear
to
the
new
Emperor
,
who
at
that
time
resided
there
,
to
call
a
Council
,
and
though
they
had
in
the
time
of
Constantius
deposed
him
for
his
Apostasie
to
the
Nicene
Faith
,
yet
now
in
this
Council
they
unanimously
declare
for
it
,
and
signify
their
Decree
and
the
necessity
of
it
to
the
Emperor
,
in
that
they
were
now
convinced
that
there
was
no
other
stop
to
be
put
to
the
Arian
Blasphemy
,
viz.
that
the
Son
was
created
out
of
nothing
,
and
by
this
false
and
dishonest
shufling
,
they
out-witted
the
old
Eusebian
Knaves
,
and
riveted
themselves
in
their
new
usurpt
Preferments
.
But
this
goes
to
the
very
heart
of
the
poor
outed
Eusebians
,
to
be
thus
over-reach't
and
supplanted
,
and
to
turn
the
whole
Game
,
it
drives
them
into
their
old
out-rage
against
the
vir
gregis
the
great
Athanasius
.
[
(i)
](A56397-e4320-b)
(i)
Sozom.
l.
6.
c.
5.
And
so
away
post
Euzoius
the
then
deposed
Bishop
of
Antioch
,
and
Lucius
the
pretended
Bishop
of
Alexandria
,
to
Court
,
and
there
take
their
old
Method
of
ingaging
some
of
the
Eunuchs
into
their
Party
,
and
particularly
Probatius
the
Praepositus
Cubiculi
,
that
succeeded
Eusebius
in
that
Office
,
who
had
done
so
much
mischief
in
the
reign
of
Constantius
,
and
having
secured
their
Patrons
,
they
accuse
Athanasius
to
the
Emperor
upon
these
three
Topicks
,
First
,
that
there
had
been
continual
Complaints
against
him
during
the
whole
time
of
his
Episcopacy
.
Secondly
,
that
upon
the
truth
of
those
Complaints
,
he
had
been
often
banisht
by
his
Predecessors
.
Thirdly
,
that
he
was
the
sole
Author
of
all
the
present
Troubles
and
Disturbances
in
the
Church
.
This
is
their
old
train
of
boldness
,
but
the
Emperor
was
a
wise
Man
,
and
saw
thrô
their
Designs
,
and
therefore
sends
them
away
with
very
severe
threatnings
,
and
charges
his
Eunuchs
never
to
meddle
with
such
Matters
,
under
no
less
Penalty
than
the
Rod
and
the
Cudgel
,
and
entertains
Athanasius
with
all
the
highest
expressions
of
Respect
and
Honor
,
and
so
for
his
short
time
,
setled
the
Church
both
in
Peace
and
Truth
.
This
is
the
true
state
and
story
of
the
revival
of
the
Arian
Controversy
under
this
Emperor
,
that
had
slept
under
Julian
:
And
not
[
(k)
](A56397-e4470-b)
(k)
lib.
6.
c
▪
●
as
Sozomen
suggests
,
the
contentiousness
of
the
Bishops
,
who
,
he
says
,
under
Julian
,
when
the
Christian
Religion
lay
at
stake
,
pieced
together
for
the
security
of
the
common
Cause
,
as
't
is
the
custom
of
all
Men
,
to
make
peace
and
join
forces
against
a
common
Enemy
,
but
as
soon
as
the
danger
is
blown
over
,
to
return
to
their
old
Fewds
and
Animosities
.
The
observation
in
general
is
too
true
,
but
not
rightly
applyed
to
this
particular
case
:
for
the
ground
of
the
quarrel
here
,
was
not
the
natural
contentiousness
of
Mankind
,
whilst
in
a
condition
of
peace
,
as
the
Historian
remarks
;
in
that
the
Orthodox
had
never
pieced
with
any
of
the
other
Parties
,
either
Eusebians
or
Acacians
under
Julian
,
but
as
we
have
already
seen
casheir'd
and
condemn'd
them
both
,
and
setled
the
Nicene
Faith
.
So
that
under
Jovian
there
was
no
new
breach
,
but
even
according
to
Sozomen's
own
account
,
the
new
contest
was
raised
by
the
Eusebian
Bishops
,
that
had
lost
their
Bishopricks
under
Constantius
,
after
the
Councils
of
Ariminum
and
Seleucia
,
when
they
were
over-reach't
by
the
Acacians
.
And
that
is
the
Argument
of
their
Petition
to
this
Emperor
,
that
things
might
stand
,
as
they
were
left
by
those
Councils
,
and
that
all
after
acts
might
be
null'd
,
i.
e.
that
themselves
might
be
restored
to
their
Bishopricks
.
That
was
the
present
quarrel
,
and
no
dispute
against
the
setled
Faith
,
for
they
had
already
declared
for
the
Nicene
Confession
.
And
therefore
the
Acacians
upon
their
complaint
against
them
for
the
Aëtian
Heresy
,
immediately
protest
against
it
,
to
secure
their
Preferments
.
And
that
was
all
along
the
state
of
this
Controversy
,
both
before
and
after
this
time
,
the
zeal
of
good
Men
on
one
side
for
the
true
Faith
,
and
the
Arts
of
ill
Men
on
the
other
for
Preferment
and
Court-favor
.
This
is
hitherto
evident
from
the
beginning
of
the
quarrel
of
Eusebius
of
Nicomedia
with
Athanasius
,
and
will
appear
as
clearly
in
all
the
same
Contests
as
long
as
they
lasted
,
under
the
succeeding
Emperors
.
§
.
2.
Jovian
dying
suddainly
,
no
body
knows
of
what
,
though
several
wise
philosophical
Conjectures
are
made
about
it
by
the
Historians
,
after
him
Valentinian
is
chosen
Emperor
with
a
Nemine
contradicente
,
being
a
Man
,
as
[
(l)
](A56397-e4730-b)
(l)
Lib.
26.
c.
1.
Marcellinus
himself
confesses
,
of
universal
reputation
.
And
he
deserved
it
though
it
were
only
for
that
Prince-like
saying
after
his
Election
,
when
those
that
chose
him
,
press't
him
to
take
an
Assistant
in
the
Government
,
he
replyed
,
when
the
Empire
was
vacant
,
it
was
in
your
Power
to
choose
me
Emperor
,
but
now
I
am
in
possession
of
the
Crown
,
it
is
my
business
and
none
of
yours
,
to
take
care
of
the
Common-Wealth
.
He
understood
the
true
Rights
of
Soveraign
Power
in
all
Monarchies
whether
Hereditary
or
Elective
:
and
unless
it
be
supreme
and
unaccountable
,
it
is
so
far
from
being
any
Power
at
all
,
that
it
is
the
lowest
and
most
abject
kind
of
Subjection
,
and
of
a
great
General
,
he
would
by
his
being
made
Emperor
,
have
only
become
the
publick
Slave
of
the
Rabble
.
But
he
coming
to
the
Crown
after
so
many
suddain
turns
,
and
supposing
the
Empire
very
much
distracted
about
Religion
,
by
so
many
changes
of
Government
,
publishes
an
Edict
for
Liberty
of
Conscience
,
[
(m)
](A56397-e4790-b)
(m)
de
Males
.
et
Mathemat
.
l.
9.
v.
Sozimus
lib.
4.
ut
unicuique
quod
animo
imbibisset
,
colendi
libera
facultas
tributa
sit
,
that
every
Man
may
have
liberty
to
use
what
Worship
he
will
,
according
to
those
Opinions
that
he
had
suckt
in
.
But
then
again
soon
finding
himself
setled
in
the
Empire
,
in
the
very
same
year
,
anno
364
,
[
(n)
](A56397-e4840-b)
(n)
ibid.
l.
he
forbids
the
night
Sacrifices
of
the
Heathens
,
but
is
prevail'd
upon
to
tolerate
all
those
religious
Rites
that
were
celebrated
by
day
.
And
having
gain'd
so
much
ground
,
he
proceeds
to
countermine
and
blow
up
the
Crafts
of
Julian
,
who
made
all
his
Laws
with
a
malicious
Aspect
towards
the
Christians
,
and
particularly
that
famous
Law
,
[
(o)
](A56397-e4870-b)
(o)
De
Medicis
et
Professor
.
l.
5.
that
no
Man
should
be
allowed
to
practise
Physick
or
teach
any
Art
or
Science
,
but
by
the
approbation
of
the
Magistrates
of
the
place
with
his
own
impeperial
Consent
,
and
by
that
means
he
shut
all
Christians
out
of
any
learned
or
ingenuous
Imployment
,
and
therefore
Valentinian
as
soon
as
he
comes
to
the
Crown
,
[
(p)
](A56397-e4900-b)
(p)
ibid.
l.
6.
cancels
that
Law
,
and
restores
all
Professors
of
Learning
to
their
respective
Thrones
.
But
as
for
the
Church
,
the
Emperor
being
setled
,
the
poor
hungry
Eusebians
,
that
had
been
so
long
sequestred
out
of
their
Bishopricks
,
resolve
once
more
to
try
their
Fortune
,
and
they
poor
Men
had
hard
luck
to
quit
their
Faith
(
as
they
had
done
under
Jovian
)
and
yet
not
get
their
Preferments
.
But
they
hope
to
meet
with
kinder
usage
from
this
Emperor
[
(q)
](A56397-e4940-b)
(q)
Sozim
.
l.
6.
c.
●
▪
and
therefore
send
Hypatianus
Bishop
of
Heraclea
in
an
Ambassy
to
him
,
to
request
a
Council
,
to
which
he
,
as
he
was
a
very
civil
Gentleman
,
and
obliged
at
that
time
to
much
complaisance
,
being
as
yet
but
green
in
his
Government
,
replyed
that
being
but
a
Lay-man
,
it
became
not
him
to
meddle
in
those
Matters
,
and
so
left
it
to
themselves
to
meet
as
they
judged
convenient
.
And
that
was
the
Maxime
of
his
Reign
to
leave
Church-Matters
to
the
judgment
of
Church-men
,
and
therefore
he
fined
Chronopius
a
Bishop
a
great
sum
of
Mony
to
be
distributed
amongst
the
Poor
for
appealing
from
a
Synodical
sentence
to
the
secular
Court
.
[
(r)
](A56397-e5190-b)
(r)
Soc.
l.
4.
c.
12.
they
in
the
first
place
send
their
Legates
to
Liberius
Bishop
of
Rome
,
but
he
knew
the
Men
too
well
by
his
own
sufferings
,
having
been
twice
driven
into
banishment
by
their
means
under
Constantius
for
no
other
crime
than
his
constant
adherence
to
the
Nicene
Faith
,
and
therefore
peremptorily
refuses
Communion
with
them
.
But
alass
they
confidently
reply
that
they
are
not
the
Men
they
were
,
and
that
they
came
to
join
with
the
Catholick
Church
against
the
Anomaeans
,
declare
for
the
Nicene
Faith
,
and
for
his
full
satisfaction
herein
,
produce
the
Letter
of
the
Lampsacene
Council
,
with
all
their
subscriptions
to
the
Council
of
Nice
,
and
defiance
to
the
cheats
of
Ariminum
.
The
old
Man
being
transported
with
the
joy
of
their
Conversion
,
and
as
he
dreamt
,
the
Re-union
of
the
Eastern
and
Western
Churches
,
embraces
them
with
both
his
Arms
,
little
knowing
good
Man
,
that
the
bottom
of
their
Errand
was
to
recover
their
Bishopricks
,
and
that
for
their
sakes
they
had
left
their
Faith
behind
them
.
And
that
is
the
Centre
of
this
Controversy
,
between
the
Macedonians
and
the
Eudoxians
,
not
the
Faith
,
but
the
preferments
.
They
had
both
been
of
the
same
Party
under
Constantius
against
the
Nicene
Faith
:
yet
under
Jovian
the
Acacians
had
subscribed
it
to
keep
their
Preferments
;
and
now
under
Valens
the
Macedonians
finding
themselves
by
that
means
left
in
the
lurch
,
make
the
same
subscription
to
recover
theirs
.
Natalis
Alexander
,
by
the
boldness
of
their
Hypocrisie
,
that
he
reckons
this
Synod
among
the
Orthodox
Councils
,
and
falls
out
with
Baronius
and
Binius
for
esteeming
them
Arians
,
whereas
in
truth
they
were
neither
,
but
a
pack
of
ill
Men
that
knew
no
other
Religion
than
Interest
.
But
their
jugling
was
now
too
late
,
for
the
Adversaries
had
not
only
got
possession
of
their
Bishopricks
,
which
they
say
in
all
Governments
is
a
great
many
Points
of
Law
,
but
of
the
Emperor
himself
,
which
I
am
sure
in
that
Government
was
all
,
as
will
more
appear
by
the
sequel
of
this
Story
.
The
Legates
of
the
Council
of
Lampsacus
having
sped
at
Rome
,
and
being
arm'd
with
communicatory
Letters
from
Liberius
,
they
sail
to
Sicily
,
and
there
in
a
Council
of
Bishops
make
the
same
Declaration
,
and
obtain
the
same
favor
,
and
from
thence
to
Illyricum
,
where
they
gain
synodical
Letters
to
the
Eastern
Bishops
,
to
certify
or
rather
congratulate
the
happy
Union
of
the
Eastern
and
Western
Churches
by
their
conversion
.
And
this
they
send
by
Elpidius
a
Presbyter
of
Rome
,
whom
Liberius
had
join'd
with
the
Legates
,
to
give
them
the
greater
reputation
in
the
Western
Churches
,
as
Baronius
thinks
,
or
rather
as
Valesius
conjectures
with
more
probability
,
an
Illyrican
Bishop
,
for
in
their
Epistle
they
recommend
him
as
their
own
Legate
,
and
chosen
from
among
themselves
.
[
(s)
](A56397-e5560-b)
(s)
Theod.
l.
4.
c.
8.
And
the
Emperor
was
so
far
from
being
concern'd
for
the
Arian
cause
,
that
he
grants
his
Letters
to
recommend
the
Decree
of
the
Illyrican
Council
,
and
to
settle
the
Nicene
Faith
,
where
he
declares
against
the
Equivocations
of
the
Homoioufians
,
and
proves
them
no
better
than
Arians
.
This
Letter
Valesius
will
have
to
have
been
written
not
by
Valens
,
but
Valentinian
,
who
though
he
then
resided
in
the
West
,
intirely
govern'd
the
Eastern
Empire
,
Valens
being
wholly
obedient
to
his
Orders
,
and
rather
his
Under-officer
than
his
Sharer
in
the
Empire
.
This
is
but
a
conjecture
,
and
't
is
not
likely
that
the
Council
should
send
into
Fran●e
for
Imperial
Letters
,
when
they
had
their
own
Emperor
so
near
;
but
if
it
be
true
,
Valens
was
concurring
in
it
,
and
that
clears
him
of
Arianism
.
By
these
means
the
Legates
and
their
Companions
get
themselves
restored
to
their
Preferments
in
a
Council
at
Tyana
in
Cappadocia
.
But
they
having
gain'd
their
point
could
not
forbear
discovering
their
old
pick
against
the
Nicene
Faith
,
as
St.
Basil
informs
the
Western
Bishops
,
who
gave
them
their
first
reputation
,
[
(t)
](A56397-e5740-b)
(t)
Epist.
74.
It
is
not
the
old
and
open
Arian
that
does
the
harm
,
because
that
Heresy
being
condemn'd
by
the
sentence
of
the
Church
,
it
's
wickedness
is
known
to
all
,
but
it
is
the
sheep-skin
Men
,
that
under
shews
of
Love
and
Reconciliation
,
and
upon
pretence
of
being
taken
into
the
bosom
of
the
Church
,
take
advantage
to
worry
the
Flock
,
and
seduce
the
less
understanding
.
These
are
the
Men
of
Mischief
,
that
cannot
be
so
easily
prevented
.
And
it
is
this
sort
of
Deceivers
that
we
request
you
to
use
all
diligence
to
discover
and
lay
open
to
the
World
,
that
either
frankly
declaring
for
the
truth
,
they
may
own
intire
Communion
with
us
;
but
if
they
will
not
,
let
them
keep
their
Poison
to
themselves
,
and
not
be
suffer'd
to
infect
others
by
too
careless
communicating
with
them
.
And
particularly
cautions
them
against
Eustathius
Bishop
of
Sebasta
in
Arm●nia
,
the
chief
Agent
in
the
Ambassy
from
the
Council
of
Lampsacus
to
the
Western
Church
,
that
he
was
a
rank
Arian
,
and
Arius
his
own
Disciple
,
had
been
often
deposed
for
his
Debaucheries
,
and
as
often
changed
his
Faith
to
recover
his
Bishoprick
,
and
therefore
concludes
that
he
wonders
which
way
he
could
impose
so
far
upon
Liberius
,
as
to
gain
communicatory
Letters
from
him
,
but
by
what
means
so
ever
it
was
,
he
was
no
sooner
restored
by
the
Council
of
Tyana
,
but
he
fell
to
spitting
his
old
poison
,
and
persecuting
the
very
Faith
,
that
he
had
so
lately
professed
.
But
all
this
was
too
late
for
the
effectual
recovery
of
his
Bishoprick
,
for
the
Emperor
Valens
was
now
ingaged
in
other
Matters
,
being
invaded
by
the
Goths
,
but
before
he
would
venture
into
the
hazards
of
War
,
he
thought
it
convenient
to
be
baptized
into
the
Christian
Faith
,
[
(u)
](A56397-e5880-b)
(u)
Soz.
l.
6.
c.
12.
which
Office
was
performed
by
Eudoxius
,
who
always
diligently
followed
his
Trade
at
Court
,
and
the
Historians
say
(
I
doubt
rashly
)
that
he
administred
an
Oath
to
the
Emperor
at
his
Baptism
to
persecute
the
Catholicks
:
whereas
the
Persecution
that
followed
,
was
not
set
on
foot
by
the
Emperor
,
but
by
the
Eudoxian
Party
,
who
now
presuming
of
their
old
Interest
in
the
Court
,
and
their
new
one
in
the
Prince
,
and
his
distraction
in
the
War
,
fell
to
their
old
Trade
of
undermining
,
and
so
in
a
Council
assembled
in
Caria
,
settle
the
last
Antiochian
or
Aëtian
Creed
.
[
(w)
](A56397-e5960-b)
(w)
Hilarii
frag
.
l.
1.
pag.
40.
And
about
the
same
time
Bishop
Valens
and
his
Mirmidons
meet
in
Mysia
much
upon
the
same
Errand
,
to
establish
their
own
particular
conceit
,
similem
dicimus
filium
patri
secundùm
scripturas
,
non
secundùm
substantiam
,
and
indeavor
to
draw
in
Germinius
,
an
eminent
Man
of
the
old
Eusebian
Faction
,
who
had
gon
all
along
with
them
as
far
as
the
Tyrian
Conference
before
Constantius
,
in
which
as
himself
declares
,
the
Faith
agreed
upon
was
this
,
filium
similem
patri
per
omnia
,
ut
sanctae
dicunt
et
docent
scripturae
,
that
the
Son
was
like
the
Fa●her
in
all
things
as
the
Scriptures
affirm
,
and
therefore
he
cannot
but
wonder
at
the
dissimulation
of
Valens
and
his
Men
,
that
when
they
themselves
had
subscribed
this
Confession
of
Faith
,
not
only
as
the
best
declaration
of
truth
,
but
the
best
expedient
of
Peace
and
Unity
,
they
should
now
so
zealously
trouble
themselves
and
the
Christian
Church
,
with
new
assertions
,
that
the
Son
is
partly
like
the
Father
,
partly
not
.
[
(x)
](A56397-e6090-b)
(x)
Athanas
.
ad
Episc.
Afric
.
But
Valens
and
his
Party
are
immediately
condemned
by
a
Council
at
Rome
under
Damasus
.
[
(y)
](A56397-e6140-b)
(y)
Athanas
.
ep.
ad
Epictelum
.
And
divers
other
Councils
there
were
in
several
Parts
of
the
World
upon
the
same
occasion
,
to
repress
the
recovery
of
the
Faction
.
But
Auxentius
Bishop
of
Milan
,
who
had
wrigled
himself
into
that
great
Bishoprick
,
upon
the
deposing
of
Dionysius
by
Constantius
in
his
Conventicle
at
Milan
,
according
to
the
custom
that
I
have
all
along
observed
of
those
times
,
when
Men
of
ill
designs
procured
the
deposition
of
good
Bishops
,
that
themselves
by
bribery
and
the
Eunuches
might
get
into
their
Places
.
This
Man
was
by
this
time
become
the
most
eminent
Head
of
the
Party
in
the
Western
Church
,
though
he
was
so
ill
prepared
for
his
Office
by
his
Education
,
that
he
was
not
so
much
as
instructed
in
the
Latin
Tongue
,
but
being
a
crafty
and
insinuating
knave
,
he
had
not
only
poison'd
several
Bishops
of
Illyricum
,
but
had
workt
himself
into
the
savour
of
Valentinian
himself
,
who
after
his
Alemanick
War
setled
his
Court
at
Milan
.
Upon
this
St.
Hilary
,
who
had
been
long
acquainted
with
the
craft
and
false-hood
of
the
Man
,
in
his
extreme
old
age
takes
a
Journey
to
Milan
,
to
inform
the
Emperor
what
he
was
,
and
charge
him
with
the
Arian
Heresy
The
Emperor
refers
the
examination
of
the
Matter
to
a
mixt
Committee
of
Bishops
and
secular
Judges
.
But
the
Fox
seeing
himself
distrest
,
and
being
resolved
to
save
his
skin
,
denyes
all
,
professes
mighty
Zeal
f●r
the
Nicene
Faith
,
subscribes
it
before
the
Court
,
and
as
if
that
were
not
enough
,
presents
the
Emperour
himself
with
an
orthodox
Confession
of
Faith
,
and
so
is
too
hard
for
the
good
old
Man
;
for
upon
it
,
he
is
acquitted
and
applauded
at
Court
,
and
St.
Hilary
commanded
out
of
the
City
as
a
mover
of
Sedition
,
as
he
tells
the
Story
at
large
in
his
Book
against
Auxentius
.
And
Auxentius
flusht
with
Victory
,
grows
insolent
to
the
Orthodox
Bishops
,
especially
the
great
Eusebius
of
Verselles
,
and
is
much
more
busy
than
formerly
in
Illyricum
,
in
so
much
that
the
fame
of
it
reacht
Egypt
,
upon
which
Athanasius
and
the
Egyptian
Bishops
write
to
Damasus
to
procure
his
deposition
,
who
thereupon
in
the
year
369
summons
a
Council
of
90
French
and
Italian
Bishops
,
in
which
Auxentius
is
deposed
,
but
for
all
that
,
he
kept
his
ground
,
and
liked
his
bargain
so
well
,
that
he
would
not
easily
part
with
it
,
and
by
the
help
of
his
Masters
the
Eunuchs
kept
it
to
his
dying
day
,
which
was
five
years
after
,
and
that
not
only
in
spite
of
the
Authority
of
the
Council
,
but
the
power
of
St.
Ambrose
,
who
was
at
that
time
Governor
of
that
Province
,
and
two
others
,
with
Consular
dignity
,
and
then
resided
at
Milan
,
and
thô
he
hated
the
Man
,
yet
he
was
not
able
to
remove
him
.
But
the
Council
having
discharged
their
Duty
and
their
Office
in
his
deposition
,
they
write
an
adm●nishing
Letter
to
the
Bishops
of
Illyricum
,
to
be
more
watchful
against
the
Heresy
for
the
time
to
come
,
and
write
another
to
the
Eastern
Bishops
to
desire
their
concurrence
with
them
,
which
is
accordingly
done
in
a
Synod
of
146
Bishops
,
both
which
Letters
were
first
published
by
Holstenius
in
in
the
year
1662
,
and
are
now
inserted
into
their
proper
Place
of
the
year
369
in
Labbe's
Collection
.
[
(z)
](A56397-e6470-b)
(z)
Sozom.
l.
6.
c.
12.
And
whereas
a
great
Co●ncil
was
appointed
to
meet
at
Tarsus
in
C●licia
in
the
Spring
following
,
for
perfecting
the
settlement
that
was
begun
at
Tyana
;
Eud●xius
that
had
got
possession
of
Valens
in
the
East
,
as
Auxentiu●
had
of
Valentinian
in
the
West
,
prevails
with
the
Emperor
to
send
his
Letters
with
high
threatnings
,
to
forbid
the
meeting
▪
and
withal
to
write
to
his
Governors
of
Provinces
,
that
the
Bishops
that
had
been
outed
in
the
time
of
Constantius
,
and
restored
by
the
Apostate
should
be
thrust
out
again
,
and
this
he
strictly
requires
of
his
Officers
under
high
Penalties
,
and
so
by
this
Rescript
was
Eudoxius
revenged
not
only
of
the
Orthodox
Bishops
,
but
the
Macedonians
too
,
who
had
been
cheated
out
of
their
Bishopricks
by
himself
and
his
Associates
in
the
time
of
●onstantius
,
and
now
by
vertue
of
the
Decree
of
the
Council
of
Tyana
demand
restitution
,
but
by
this
imperial
Rescript
are
barr'd
their
claim
for
ever
with
disgrace
▪
as
having
been
justly
displaced
by
a
Christian
Emperor
,
and
restored
by
the
Apostate
for
ill
designs
.
Here
still
we
see
where
the
controversy
pincht
in
this
Emperor's
time
.
A
Party
of
Knaves
had
combin'd
in
the
time
of
Constantius
to
cheat
and
supplant
honest
Men
out
of
their
Preferments
,
which
having
done
,
they
as
all
other
thieves
do
,
fall
out
among
themselves
,
and
indeavor
to
cheat
one
another
,
till
at
last
the
most
crafty
pack
sweeps
all
.
After
which
all
the
Contest
is
on
one
side
to
recover
,
and
on
the
other
to
keep
their
Bishopricks
,
and
for
that
end
they
stick
at
nothing
,
but
all
turn
Ecebolians
,
and
change
their
Faith
as
easily
a●
Chameleons
do
their
Colours
,
with
every
turn
of
Wind
and
Weather
.
Under
Jovian
the
Macedonians
,
that
were
the
outed
Party
,
turn
Orthodox
,
but
he
dying
so
suddainly
,
they
lose
their
opportunity
,
and
therefore
make
their
Applications
to
Valens
the
succeeding
Emperor
in
those
Parts
,
but
are
prevented
by
Eudoxius
and
his
Eunuchs
,
and
so
are
forced
to
address
themselves
to
forreign
Churches
,
and
by
professing
themselves
great
Zealots
for
the
Nicene
Faith
,
are
restored
by
the
Council
of
Tyana
,
and
that
being
done
,
as
they
believed
,
again
quit
their
Faith
.
So
here
Auxentius
the
head
of
the
Acacians
in
the
West
,
being
call'd
to
an
account
for
his
Faith
,
forswears
it
all
,
and
turns
a
Tory
Nicenist
,
and
thus
both
Parties
only
make
use
of
the
Contest
to
supplant
each
other
.
And
that
was
the
craft
of
Eudoxius
here
by
a
plausible
Imperial
Rescript
to
prevent
the
force
of
an
Ecclesiastical
Decree
,
by
which
he
knew
that
himself
and
his
Associates
must
have
lost
their
Purchases
.
But
which
way
soever
the
Game
run
,
the
good
Orthodox
Bishops
had
ever
the
worst
of
it
,
and
here
particularly
the
storm
fell
very
heavy
upon
their
heads
,
and
Athanasius
is
alwayes
the
first
that
is
wet
in
it
.
He
is
immediately
commanded
to
be
gon
,
but
the
People
vehemently
interpose
to
keep
him
,
and
in
the
heat
of
the
Contest
fearing
a
Sedition
,
he
privately
withdraws
,
is
diligently
sought
for
,
but
cannot
be
found
,
till
he
is
restored
by
the
Emperor
's
own
Letters
for
fear
of
farther
mischief
.
[
(a)
](A56397-e6720-b)
(a)
Theod.
l.
4.
c.
13
,
14.
But
all
the
rest
that
the
Rescript
reacht
,
were
effectually
expelled
,
and
in
the
first
place
Meletius
of
Antioch
,
Eusebius
of
Samosata
,
and
Pelagius
of
Laodicea
,
who
had
been
all
along
great
sticklers
in
the
scramble
,
only
Meletius
was
become
an
honest
Man
[
(b)
](A56397-e6810-b)
(b)
Epist.
61.
And
here
St.
Jerom
goes
about
to
give
a
reason
why
Paulinus
of
Antioch
,
and
Epiphanius
of
Cyprus
were
not
displaced
,
viz.
because
of
their
great
worth
and
fame
in
the
World
:
but
there
is
another
reason
for
it
plain
enough
,
in
that
they
had
never
been
turn'd
out
of
their
Bishopricks
by
Constantius
,
and
therefore
were
not
concern'd
in
the
Rescript
,
neither
were
they
Bishops
till
afterwards
;
Paulinus
was
not
ordein'd
till
the
second
year
of
Julian
by
Lucifer
Calaritanus
,
nor
Epiphanius
till
the
present
Reign
.
[
(c)
](A56397-e6930-b)
(c)
Sozom.
l.
4.
c.
27.
But
Meletius
that
was
Bishop
with
Paulinus
at
the
same
time
,
having
from
an
Acacian
Bishop
turn'd
Orthodox
,
had
therefore
been
banisht
by
the
Eudoxian
Party
in
the
time
of
Constantius
,
and
Euzoius
the
old
Arian
placed
in
his
stead
,
was
by
vertue
of
this
Decree
removed
.
And
though
probably
,
as
it
always
happens
in
such
cases
,
the
Rescript
was
executed
farther
than
it
was
intended
,
[
(d)
](A56397-e7030-b)
(d)
Epist.
10.
as
St.
Basil
describes
it
,
that
the
Bishopricks
were
exposed
to
the
basest
of
Men
,
The
slaves
of
Slaves
,
and
particularly
that
his
Brother
[
(e)
](A56397-e7050-b)
(e)
ibid.
Gregory
of
Nyssen
,
was
driven
from
his
Church
,
and
a
three-penny
Slave
placed
in
his
stead
,
Gregory
Nazianzen
,
who
good
Men
having
been
retired
from
the
World
,
and
unacquainted
with
the
train
of
Intrigues
,
were
by
their
own
simplicity
imposed
upon
not
to
suspect
their
dou●lings
:
yet
they
had
been
ejected
among
the
Macedonians
by
Constantius
,
for
refusing
to
go
thorough
with
the
Acacians
,
and
therefore
must
now
resign
to
some
of
Eudoxius
his
Friends
of
that
Party
.
But
they
having
thus
got
the
Field
,
[
(f)
](A56397-e7210-b)
(f)
Socrat.
l.
4.
c.
13.
fall
out
again
among
themselves
,
Eunomius
will
now
have
Eudoxius
openly
declare
himself
for
Aëtius
,
but
he
thô
he
were
zealous
in
the
Cause
,
thought
it
not
at
that
t●me
seasonable
,
and
so
upon
that
account
they
again
break
Communion
.
But
soon
after
Eudoxius
dyes
,
and
this
[
(g)
](A56397-e7280-b)
(g)
Socrat.
l.
4.
c.
14.
Sozom.
l.
6.
c
▪
13.
say
the
Historians
raises
new
heats
at
Constantinople
about
the
Election
of
his
Successor
,
his
own
Party
choosing
Demophilus
,
and
the
Orthodox
Evagrius
,
who
was
ordain'd
by
Eustathius
formerly
Bishop
of
Antioch
,
who
,
say
they
,
then
lay
conceal'd
in
the
City
to
keep
up
the
Homousian
Faith
,
but
I
doubt
they
mistake
Eustathius
of
Antioch
for
Eustathius
of
Sebasta
,
the
former
was
a
very
good
Man
,
and
was
present
at
the
Council
of
Nice
,
and
therefore
cannot
easily
be
supposed
to
survive
to
this
time
,
which
was
forty
five
years
distance
,
and
is
reported
by
St.
Jerom
and
Theodorus
to
have
dyed
in
Exile
under
Constantius
,
and
it
cannot
be
supposed
that
so
eminent
a
Person
should
have
lain
unactive
and
conceal'd
so
long
a
time
,
or
that
Paulinus
and
M●letius
would
have
invaded
the
See
,
if
the
great
Eustathius
,
had
been
then
living
,
V.
Baro●
.
an.
317.
N.
29.
et
Vales.
not
.
in
Socrat
.
and
therefore
I
suppose
the
Historians
mean
Eustathius
of
Sebasta
,
who
was
a
proper
Person
to
act
in
the
present
Scene
,
for
at
this
time
it
is
evident
that
it
was
not
a
Contest
of
the
Faith
,
but
the
Faction
,
and
thô
Eustathius
had
●rofessed
the
Homousian
Faith
,
it
was
only
to
recover
his
Bishoprick
,
to
which
thô
he
were
canonically
restored
by
the
Council
of
Tyana
,
yet
he
was
kept
out
of
it
by
Eudoxius
,
who
had
cut
him
off
among
the
rest
by
an
Imperial
Rescript
,
being
in
the
number
of
those
that
had
been
ejected
by
Constantius
.
So
that
he
lay
not
leiger
at
Constantinople
,
as
the
Historians
dream
in
behalf
of
the
Nicene
Faith
,
for
before
this
time
he
had
disclaimed
it
,
but
only
to
watch
Opportunities
to
recover
his
Bishoprick
,
and
therefore
finding
Demophilus
of
the
Eudoxian
Party
set
up
for
the
Court-Bishop
,
he
indeavors
to
set
up
Evagrius
of
his
own
Party
against
him
.
[
(h)
](A56397-e7650-b)
(h)
Socrat.
l.
4.
c.
15.
Sozom.
l.
6.
c.
13.
But
the
Eudoxians
or
their
Patrons
the
Eunuchs
had
possession
of
the
Emperor
,
who
therefore
upon
the
first
news
of
the
Tumult
raised
about
it
at
Constantinople
,
he
being
then
at
Nicomedia
in
Bithynia
,
immediately
banishes
both
Eustathius
and
Evagrius
,
and
so
for
the
present
p●ts
an
end
to
that
Controversy
.
But
however
the
Affairs
of
the
Church
go
,
the
Courtiers
resolve
to
pursue
their
old
Game
,
to
watch
all
Opportunities
of
deposing
Bishops
,
and
then
they
were
sure
of
chapmen
,
and
for
that
reason
they
continually
blew
jealousies
into
the
Emperor's
head
about
these
Matters
,
as
they
had
dealt
with
Constantius
,
for
it
does
not
appear
that
he
had
any
more
zeal
in
the
Cause
it self
,
then
only
to
preserve
the
publick
Peace
,
or
acted
farther
than
as
his
credulity
or
something
worse
(
for
he
was
but
a
weak
Prince
,
that
was
never
able
to
stand
upon
his
own
leggs
,
and
when
he
ventured
upon
one
tryal
,
perisht
in
it
)
was
abused
by
their
tricks
and
underminings
.
§
.
III.
But
for
their
purpose
in
all
the
Church
,
there
was
not
an
easier
Game
,
as
they
fancied
,
than
poor
St.
Basil
,
who
being
a
very
mortified
Man
,
and
forced
from
a
retired
life
into
the
Wealthy
Bishoprick
of
Caesarea
,
was
thought
a
very
easy
Prey
by
Modestus
at
that
time
Prefect
of
the
Province
,
and
the
head
Patron
of
the
Eudoxian
Faction
,
and
therefore
the
Emperor
coming
to
Caesarea
in
his
Passage
to
Antioch
,
he
is
incited
by
his
Courtiers
against
this
old
Man
,
as
an
open
Enemy
to
his
favourite
Eudoxius
.
The
description
of
the
Incounter
may
be
seen
in
[
(i)
](A56397-e7860-b)
(i)
lib.
4.
c.
19.
Theodoret
,
but
more
at
large
,
and
with
some
difference
in
Gregory
Nazianzens
funeral
Oration
upon
St.
Basil
,
which
thô
it
is
too
lavish
and
panegyrical
in
many
particulars
,
yet
the
sum
of
the
account
of
this
business
is
contein'd
in
the
discourse
between
the
old
Bishop
,
and
the
Prefect
Modestus
,
who
was
sent
to
perswade
him
to
be
reconciled
to
Eudoxius
.
Where
after
some
conference
,
the
Prefect
falls
into
rage
and
threatning
,
and
asks
him
if
he
stand
not
in
awe
of
his
Power
.
He
replys
,
for
what
,
what
can
you
do
to
me
?
What
can
I
do
?
returns
he
,
I
can
proscribe
you
,
banish
you
,
torture
you
,
kill
you
.
Can
you
so
,
replys
the
Bishop
,
but
if
you
have
nothing
else
to
threaten
me
with
these
things
concern
not
me
.
What
do
you
mean
?
says
he
.
I
mean
,
says
the
Bishop
,
that
he
is
not
obnoxious
to
the
proscription
of
Goods
that
has
none
,
unless
you
would
rob
me
of
this
poor
thred-bare
Garment
and
a
few
old
Books
.
Banishment
I
know
none
,
for
the
Earth
is
the
Lords
,
and
that
is
my
Countrey
;
as
for
Tortures
I
have
not
a
Body
strong
enough
to
feel
them
,
the
first
stroke
will
put
me
out
of
pain
,
and
as
for
death
it
would
be
the
greatest
kindness
you
could
do
me
,
to
send
me
out
of
this
feeble
Carcass
to
my
Lord
and
Master
.
At
this
the
Prefect
stands
astonisht
,
and
professes
that
in
all
his
life
,
he
never
heard
any
Man
speak
with
such
courage
and
assurance
.
Perhaps
,
says
Basil
,
you
never
met
with
a
true
Christian
Bishop
till
now
,
for
if
you
had
,
he
must
have
discoursed
after
this
manner
,
if
call'd
into
question
about
these
Matters
.
For
you
must
know
,
Sir
,
that
we
are
mild
and
gentle
in
all
other
things
,
the
most
humble
and
submissive
of
all
Men
,
as
our
Law
commands
us
,
insomuch
that
we
dare
not
behave
our selves
with
the
least
pride
or
stubbornness
,
I
will
not
say
to
the
Emperor
or
you
that
are
great
Men
,
but
to
the
meanest
and
poo●est
of
the
People
.
But
where
the
Cause
and
the
Truth
of
God
is
at
stake
,
there
we
lay
all
other
things
aside
,
and
look
at
him
alone
,
Fire
and
Sword
,
wild
Beasts
and
Flesh-hooks
are
in
his
service
,
rather
pleasure
than
terrour
to
us
,
and
therefore
revile
us
,
threaten
us
,
do
what
you
pl●ase
,
and
the
worst
you
can
with
us
,
and
tell
the
Emperor
what
I
say
,
we
shall
never
yield
nor
comply
with
his
Will
,
th●
he
threaten
much
more
dreadful
things
than
all
these
.
This
is
the
true
old
primitive
Spirit
,
resolution
adorn'd
with
Civility
,
and
by
it
the
Bishop
not
only
overcame
the
Prefect
,
but
became
dear
to
the
Emperor
,
who
resorted
to
his
Church
,
and
received
the
holy
Eucharist
from
his
hands
.
From
whence
it
is
evident
that
this
Persecution
came
not
from
the
zeal
of
the
Emperor
,
but
was
meerly
set
on
foot
by
the
Grandees
of
the
Faction
for
the
sale
and
purchase
of
Sequestrations
.
And
for
these
designs
they
make
use
of
the
Emperors
soft
nature
and
vehement
desire
of
Peace
,
and
that
was
all
that
he
here
required
of
St.
Basil
,
only
to
be
reconcil●d
to
the
Eudoxians
,
not
to
their
Opinions
.
And
though
he
was
so
well
satisfied
with
St.
Basil
at
this
first
onset
,
yet
they
would
give
him
no
rest
till
he
condescended
to
their
importunity
for
his
Banishment
,
which
was
sign'd
,
but
upon
a
suddain
Sickness
of
his
Son
after
it
,
its
execution
was
stopt
.
And
this
is
the
true
Interpretation
of
all
the
dismal
Stories
in
the
Historians
concerning
this
Emperor's
Ar●an
Persecution
;
but
into
what
a
woful
condition
the
Eastern
Church
was
brought
by
this
Court-merchandizing
,
is
described
in
the
Letter
of
Meletius
and
his
Brethren
to
the
Western
Bishops
[
(k)
](A56397-e8060-b)
(k)
Basil
,
Epist.
69.
The
gravity
of
the
Clergy
is
lost
,
the
skilful
Pastors
have
left
their
Flocks
,
whil'st
such
as
are
set
over
them
consume
even
the
Goods
of
the
Poor
upon
their
own
Pleasures
.
There
is
no
regard
had
to
the
Canons
of
the
Church
,
but
an
uncontroul'd
liberty
of
Sinning
;
for
they
who
come
to
the
Government
of
the
Church
by
illegal
ways
,
will
do
any
thing
to
please
their
Masters
.
So
that
there
is
in
reality
no
Government
,
and
every-man
does
what
is
good
in
his
own
Eyes
,
wickedness
is
boundless
,
and
the
People
stubborn
,
the
Bishops
trim
and
dare
not
speak
out
,
for
having
acquired
their
Power
by
Men
,
they
are
Slaves
to
all
by
whose
help
and
Patronage
they
were
advanced
.
With
much
more
to
the
same
purpose
,
from
whence
we
fully
understand
the
true
Face
of
the
Church
,
and
the
right
State
of
the
Controversie
at
that
time
,
to
displace
honest
Men
upon
pretences
of
Religion
,
only
to
get
into
their
Preferments
,
as
farther
appears
from
their
wild
way
of
proceeding
,
as
it
is
there
described
.
Whereas
no
man
ought
to
be
concluded
Guilty
,
without
some
shew
of
Evidence
,
our
Bishops
are
condemn'd
only
by
being
accused
,
and
punisht
without
any
proof
at
all
,
some
never
knew
their
Accusers
,
others
never
saw
their
Judges
;
some
were
never
accused
at
all
,
but
conveyed
away
by
dark
Night
,
hurried
into
Banishment
,
and
kept
in
perpetual
Imprisonment
.
This
was
the
deplorable
state
of
the
Church
at
that
time
under
Valens
and
his
Eunuchs
,
for
the
redress
whereof
,
not
only
Meletius
,
but
Athanasius
and
St.
Basil
wrote
to
the
Western
Bishops
,
to
implore
the
Assistance
of
the
Western
Church
and
Empire
.
Athanasius
his
Letters
are
lost
,
[
(l)
](A56397-e8130-b)
(l)
Epist.
70.
but
that
of
St.
Basil
is
very
remarkable
for
its
Eloquence
and
Ingenuity
.
But
at
this
time
St.
Basil
labouring
in
the
Settlement
of
the
distracted
Churches
in
the
East
,
by
the
advice
of
St.
Athanasius
,
visits
the
Churches
in
Armenia
,
where
he
unadvisedly
receives
that
old
insinuating
Prevaricator
,
Eustathius
of
Sebasta
to
the
Communion
of
the
Catholick
Church
,
upon
his
reiterated
Profession
of
the
Orthodox
Faith
.
Up●n
which
Theodotus
Bishop
of
Nicopolis
,
where
the
Reconciliation
was
made
,
who
better
understood
the
Man
,
though
Basil
was
not
unacquainted
with
his
former
Shufflings
,
falls
out
with
him
.
But
Eustathius
like
himself
,
finding
,
that
by
reason
of
that
great
opposition
that
was
ma●e
against
him
,
and
knowing
that
his
Enormities
were
so
great
,
that
St.
Basil
was
neither
able
nor
willing
to
restore
him
,
falls
foul
upon
him
,
and
loads
him
with
so
many
base
Calumnies
,
which
,
though
St
Basil
at
first
despised
for
some
years
,
it
was
the
great
work
of
his
life
to
wipe
off
;
one
part
of
Mankind
,
it
seems
being
so
credulous
,
and
another
so
ill-natured
,
as
easily
and
greedily
to
swallow
any
ill
surmise
,
and
of
this
he
often
complains
,
even
in
his
own
Friends
,
till
he
was
at
last
tempted
to
sing
the
burden
of
our
times
,
that
there
is
no
Faith
in
Man
,
[
(m)
](A56397-e8270-b)
(m)
V.
Greg.
Naz.
de
laud.
Basil.
as
he
often
does
in
his
Epistles
,
but
especially
in
the
79th
to
Eustathius
himself
.
And
all
this
upon
no
other
account
,
Good
man
,
than
because
he
could
not
compass
a
kind
Office
for
an
unworthy
and
ungrateful
Man
,
and
this
found
him
work
to
his
Dying
day
,
especially
,
as
he
expresses
it
,
with
the
Pride
and
Superciliousness
of
the
Church
of
Rome
.
But
among
these
various
Transactions
,
the
great
Athanasius
dies
,
about
the
year
371
,
or
372
,
perhaps
sooner
or
later
,
for
I
am
not
concerned
in
Chronological
Niceties
,
my
Business
is
to
trace
the
Tradition
of
Christian
Truth
,
not
to
turn
Hour-glasses
,
or
watch
the
Motions
of
Pendulums
.
But
his
Fall
was
the
occasion
of
great
stirs
in
the
Church
,
both
Parties
being
at
such
a
time
highly
concern'd
for
a
fit
Successor
to
so
great
a
Man
,
and
so
great
a
See
:
Peter
a
grave
and
ancient
Presbyter
of
that
Church
,
was
by
the
dying
recommendation
of
Athanasius
unanimously
chosen
,
but
Euzoius
the
Arian
Bishop
of
Antioch
,
upon
the
first
News
of
the
Vacancy
flies
to
Court
,
to
move
for
his
Friend
Lucius
,
who
had
been
join'd
in
Ambassy
with
him
to
Jovian
against
Athanasius
,
and
by
the
help
of
the
Eunuchs
succeeds
,
and
is
sent
to
Alexandria
with
Magnus
,
a
great
Court-Trader
in
the
Cause
;
but
before
they
came
the
Praefect
of
the
City
,
a
zealous
Heathen
,
had
driven
Peter
into
Banishment
,
and
when
they
came
,
the
People
were
so
averse
to
the
Intruder
,
that
they
were
forced
to
place
him
in
the
See
by
Military
Power
,
upon
which
,
what
bloody
Tumults
and
Disorders
followed
,
may
be
seen
in
all
the
Historians
,
but
most
accurately
in
Theodoret.
Somewhat
before
this
time
arose
the
Heresie
of
Apollinaris
,
consisting
of
a
great
many
Prophane
or
rather
wanton
Novelties
,
the
chief
whereof
was
,
That
our
Saviour
had
no
other
Soul
,
than
the
Divinity
it self
;
and
the
Conceit
,
because
it
was
a
new
one
,
began
to
take
very
much
among
the
People
,
who
naturally
run
after
any
thing
that
is
strange
and
unusual
.
But
it
is
soon
quasht
by
the
diligence
of
the
Pastors
of
the
Church
;
and
that
not
only
by
Writing
,
though
all
the
Learned
Men
of
that
Age
appear'd
against
it
,
as
Athanasius
,
Gregory
Nazianzen
,
Gregory
Nyssen
.
St.
Basil
,
and
Epiphanius
;
but
much
more
effectually
by
the
Discipline
of
the
Church
.
A
Council
was
call'd
at
Rome
by
Damasus
,
the
active
and
leading
Bishop
of
his
time
,
though
he
was
here
more
particularly
concern'd
,
because
he
had
unwarily
given
reputation
to
the
Hereticks
,
by
granting
them
recommendatory
Letters
.
And
here
every
particular
Article
is
condemn'd
by
an
Express
Anathema
against
it
,
[
(n)
](A56397-e8520-b)
(n)
Theod.
l.
5.
c.
10.
and
an
account
of
their
Proceedings
is
given
by
Damasus
in
a
Synodical
Epistle
to
the
Eastern
Bishops
;
the
Epistle
is
of
a
very
peculiar
strein
,
and
shews
that
the
Gentleman
began
to
have
some
thoughts
of
advancing
the
state
of
the
Apostolick
See
,
and
it
is
the
first
,
that
I
have
observed
,
of
that
stiff
strein
.
But
however
the
Heresie
was
soon
quasht
by
that
unanimous
Agreement
of
all
Churches
to
suppress
it
every
where
by
executing
the
effectual
Discipline
of
the
Church
upon
all
its
Followers
.
In
so
much
that
I
can
not
call
to
Mind
more
than
one
Imperial
Law
against
them
at
that
time
,
and
that
was
enacted
by
Arcadius
in
the
year
397.
against
their
secret
Conventicles
at
Constantinople
,
de
Haeret.
l.
33.
they
not
presuming
to
appear
in
Publick
.
And
when
a
Sect
is
brought
so
low
,
as
that
it
dares
not
venture
to
make
any
publick
Appearance
,
it
is
vanquisht
,
and
scarce
worth
the
Notice
of
the
Government
.
§
IV.
In
the
year
following
,
i.
e.
Anno
374.
a
Council
was
held
at
Valentia
in
France
,
for
reforming
some
Abuses
and
Corruptions
,
that
had
crept
into
that
Church
,
and
restoring
the
force
of
some
ancient
useful
Canons
In
the
same
year
hapned
that
strange
Election
of
St.
Ambrose
to
the
Bishoprick
of
Milan
after
this
manner
.
[
(o)
](A56397-e8670-b)
(o)
Theod.
lib.
4.
c.
6.
Upon
the
Death
of
Auxentius
,
the
Emperor
Valentinian
hapning
to
be
then
at
M●lan
,
calls
the
Bishops
together
,
and
Exhorts
them
to
take
care
to
choose
a
Person
of
eminent
Abilities
for
so
great
a
See
.
They
in
all
humility
refer
it
to
his
Majestie
's
own
choice
,
No
,
says
he
,
that
is
a
Province
not
proper
for
me
to
undertake
,
but
to
you
that
are
inlightned
by
the
Divine
Spirit
,
most
properly
belongs
the
Office
of
choosing
Bishops
.
Upon
this
the
Bishops
take
time
to
debate
among
themselves
,
but
whilst
they
are
consulting
,
the
People
of
each
Faction
flock
together
into
the
Market-place
,
and
there
,
as
it
usually
happens
in
popular
Assemblies
,
from
Disputing
proceed
to
Tumult
.
St.
Ambrose
being
Governor
of
the
Place
,
flies
according
to
his
Office
to
appease
the
Multitude
.
Who
no
sooner
appears
,
than
they
all
cry
out
,
An
Ambrose
,
an
Ambrose
for
their
Bishop
;
at
which
he
being
astonish't
,
ascends
the
Tribunal
with
an
austere
Countenance
,
as
if
he
were
resolved
to
put
some
of
them
to
Death
,
but
they
still
cry
the
louder
.
Upon
that
he
accuses
himself
of
such
scandalous
Crimes
,
as
by
the
Canons
of
the
Church
render
him
uncapable
of
the
Episcopal
Office
,
but
that
is
all
one
to
them
,
neither
will
they
believe
him
.
And
therefore
in
the
last
place
,
he
betakes
himself
to
flight
by
Night
,
and
designs
for
Ticinum
,
but
having
wandred
all
Night
,
and
thinking
himself
near
his
Journeys
end
,
he
found
in
the
Morning
that
he
had
walkt
in
a
Circle
,
and
was
just
entring
into
one
of
the
Gates
of
Milan
,
at
which
being
surprized
,
and
fearing
lest
there
should
be
something
of
the
hand
of
God
in
it
,
he
returns
home
and
submits
;
they
acquaint
the
Emperor
with
it
for
his
consent
,
[
(p)
](A56397-e8790-b)
(p)
Cod.
Theodos.
de
Episc
&
Cler.
l.
3.
because
by
the
Constitution
of
Constantine
the
Great
,
they
were
forbidden
to
take
any
Officers
either
Civil
or
Military
into
the
Clergy
without
it
,
lest
the
Common-wealth
should
be
left
destitute
of
able
Men.
But
the
Emperor
is
highly
pleased
with
the
Election
,
and
is
proud
of
his
own
choosing
such
Magistrates
as
are
fit
to
be
made
Bishops
,
and
through
this
odd
concurrence
of
Circumstances
,
is
he
made
Bishop
contrary
to
the
[
(q)
](A56397-e8820-b)
(q)
Can.
Apost.
80.
Canons
,
for
he
was
then
no
more
than
a
Catechumene
,
which
Learned
Men
think
may
be
excused
by
the
miraculousness
of
the
thing
,
as
if
it
had
been
immediately
brought
about
by
the
special
Interposition
and
Authority
of
God
himself
,
and
for
such
extraordinary
cases
the
Canon
it self
has
provided
an
Exception
,
adding
this
Clause
at
the
end
of
it
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
unless
it
be
done
by
the
special
favour
of
God
.
And
that
this
was
so
done
,
all
Parties
concern'd
in
it
,
thought
they
had
good
reason
to
conclude
,
from
so
great
a
Conjunction
of
Wonders
.
[
(r)
](A56397-e8860-b)
(r)
Am.
Marcel
.
lib.
30.
C.
6
Soon
after
this
,
Valentinian
dies
of
an
Apoplexy
or
some
suddain
Death
,
upon
which
Ammianus
Marcellinus
reads
a
Lecture
with
as
much
Gravity
,
as
if
he
were
President
of
the
College
of
Physicians
,
as
he
takes
all
Opportunity
of
shewing
his
Knowledge
in
all
sorts
of
Learning
,
a
fondness
very
incident
to
all
half-learned
Men.
But
in
the
mean
time
Valens
goes
on
in
his
old
road
,
as
his
Eunuchs
are
pleased
to
drive
him
,
[
(s)
](A56397-e8910-b)
(s)
Epist.
140.
till
Gregory
Nazianzen
solicites
his
ingenious
Friend
Themistius
,
a
great
Philosopher
,
and
a
great
Man
in
the
State
,
to
take
him
off
from
his
Fury
,
which
he
might
the
more
easily
do
,
as
being
unconcern'd
in
the
quarrel
,
and
like
a
Gentleman
he
undertakes
it
,
and
in
his
Speech
entituled
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
perswades
the
Emperor
for
some
time
to
lay
aside
his
Bigotry
for
the
Eudoxian
Faction
.
And
to
say
the
truth
of
him
,
he
was
both
a
Gentleman
and
a
Philosopher
,
he
was
first
made
Prefect
of
the
City
by
Julian
,
who
was
possess
't
with
a
vehement
Ambition
of
preferring
Learned
Men
,
he
was
always
a
Friend
to
the
Catholicks
for
their
Integrity
,
and
as
much
as
a
Man
of
his
Temper
and
Principles
could
be
,
an
Hater
of
the
Eusebians
of
all
sorts
for
their
shuffling
and
dishonesty
,
saying
in
his
Oration
to
Jovian
[
(t)
](A56397-e8980-b)
(t)
Soc.
l.
3
c.
25.
that
they
Worship't
not
God
,
but
the
Imperial
Purple
.
And
after
the
overthrow
of
Procopius
,
he
out
of
pure
good
Nature
intercedes
with
the
Emperor
for
Mercy
and
Clemency
to
the
vanquisht
,
[
(u)
](A56397-e9020-b)
(u)
Orat.
9
and
withal
advises
him
to
beware
of
listning
to
Whisperers
and
Flatterers
,
by
whom
he
means
his
Eudoxian
Courtiers
,
that
thrust
him
upon
all
his
extravagant
Actions
.
So
now
here
at
the
request
of
his
Friend
Nazianzen
,
he
rubs
up
the
Emperor's
good
Nature
in
behalf
of
the
Catholicks
.
And
for
the
sweetness
and
gentleness
of
his
temper
,
he
was
a
Favourite
to
all
the
Emperors
from
Julian
to
Theodosius
the
Great
,
between
whom
,
notwithstanding
the
difference
of
their
Religion
,
and
the
distance
of
their
Station
,
there
was
a
particular
Friendship
and
Endearment
cemented
purely
by
the
likeness
of
their
Tempers
,
in
so
much
that
the
Emperor
Theodosius
left
him
the
Guardianship
of
his
young
Son
Arcadius
.
But
notwithstanding
this
learned
Gentlemans
advice
to
Valens
,
his
Officers
proceed
in
their
old
Track
of
Violence
in
the
East
,
whilst
his
Nephew
the
young
Emperor
Gratian
in
the
West
,
steers
the
contrary
course
,
for
being
sensible
of
the
great
disorders
in
the
Church
and
Common-Wealth
,
by
reason
of
his
Father
Valentinian's
remisness
,
he
thought
it
high
time
to
settle
things
better
by
a
stricter
Government
,
for
though
Valentinian
was
a
wise
Prince
,
and
Orthodox
in
the
Faith
,
yet
he
was
possest
with
one
unhappy
Principle
,
that
spoil'd
his
reign
,
that
indeed
has
been
most
fatal
to
Princes
in
all
Ages
,
and
that
is
,
as
[
(w)
](A56397-e9140-b)
(w)
lib.
30.
Ammianus
describes
it
.
Post●emò
hoc
moderamine
principatus
inclaruit
,
quod
inter
religionum
diversitates
medius
stetit
:
nec
quenquam
inquietavit
,
neque
ut
hoc
coleretur
imperavit
,
aut
illud
,
neque
interdictis
mina●ibus
subjectorum
cervicem
,
ad
id
,
quod
ipse
voluit
,
inclinabat
;
sed
intemeratas
reliquit
has
partes
,
ut
reperit
.
He
excelled
in
the
moderation
of
his
Government
,
in
that
he
stood
unconcern'd
among
all
the
diversities
of
Religions
,
and
never
disturb'd
any
Man
,
neither
commanded
this
or
that
way
of
Worship
,
nor
forced
his
Subjects
necks
to
look
which
way
he
pleased
,
but
left
these
Matters
altogether
inviolated
.
But
by
the
Souldiers
leave
,
who
was
not
bound
to
be
an
accurate
Lawyer
,
this
is
not
universally
true
,
for
there
is
extant
in
the
Theodosian
Code
[
(x)
](A56397-e9200-b)
(x)
Ne
Baptisma
iteretur
▪
l.
1.
a
particular
Law
of
his
own
making
against
the
Donatists
,
to
forbid
their
rebaptising
upon
pain
of
Deposition
;
and
there
is
another
under
the
title
de
Haereticis
[
(y)
](A56397-e9240-b)
(y)
l.
3.
against
the
Manichees
,
though
indeed
they
were
rather
Villains
than
Heretiques
,
who
taught
and
practised
all
kinds
of
Vice
and
Wickedness
,
as
the
Principles
of
their
Sect
,
and
therefore
no
wonder
if
they
were
excepted
out
of
his
Clemency
,
but
otherwise
it
extended
equally
to
all
.
By
which
means
the
Christian
Church
was
not
only
over-run
with
Heresies
,
and
its
discipline
utterly
defeated
,
as
we
have
seen
in
the
case
of
that
wicked
Man
Auxentius
,
who
though
he
were
so
justly
deposed
by
the
Judgment
of
the
Catholick
Church
,
yet
it
took
no
effect
,
because
Valentinian
was
withheld
by
this
Principle
,
from
doing
the
Office
of
a
Christian
Emperor
,
in
abetting
the
legal
Decrees
of
the
Church
,
and
such
an
one
he
himself
thought
that
against
Auxentius
.
But
beside
this
Calamity
within
the
Church
,
Heathenism
hereby
gain'd
great
ground
,
and
appear'd
publickly
in
the
World
,
especially
by
his
Edict
to
restore
the
heathen
Priests
to
their
ancient
Immunities
,
[
*
](A56397-e9300-b)
*
L.
75
de
Decurionibus
.
and
for
the
sake
of
this
it
is
,
that
Ammianus
commends
this
Emperor's
moderation
;
for
it
is
the
most
certain
rule
of
Government
,
that
all
Parties
that
are
under
most
are
for
this
Principle
,
because
it
is
the
only
ground
,
that
can
give
them
advantage
to
mount
uppermost
.
But
the
young
Emperor
Gratian
a
Prince
of
great
Wisdom
and
Vertue
,
finding
things
in
so
great
a
disorder
by
it
,
he
at
his
first
coming
to
the
Crown
,
takes
particular
care
for
the
Churches
Peace
and
Settlement
.
[
(z)
](A56397-e9350-b)
(z)
de
Haeret
.
l.
4.
And
publishes
a
Rescript
against
the
publick
Meetings
of
all
Hereticks
,
i.
e.
(
as
the
Law
it self
defines
it
)
all
Parties
whatsoever
,
that
did
not
join
in
Communion
with
the
Catholicks
,
under
punishment
of
Confiscation
of
their
meeting
Places
,
whether
Fields
or
Houses
,
and
because
by
reason
of
the
connivance
or
corruption
of
his
Officers
it
was
not
executed
,
he
reinforces
it
two
years
after
,
with
a
threatning
Injunction
to
his
Judges
,
to
neglect
its
execution
at
their
Peril
.
And
yet
Valens
perishing
soon
after
in
the
East
,
and
that
part
of
the
Empire
falling
to
this
Emperor
,
who
left
the
Western
Parts
,
that
were
better
settled
to
his
younger
Brother
Valentinian
,
when
he
came
thither
,
he
found
things
in
such
confusion
by
Valens
his
mis-government
,
that
he
was
forced
to
submit
to
the
necessity
of
the
Times
,
and
for
that
reason
publisht
an
Edict
at
Sirmium
,
granting
the
liberty
of
publick
Assemblies
to
all
Sects
,
excepting
only
Manichees
,
Photinians
and
Eunomians
.
[
(a)
](A56397-e9440-b)
(a)
Soc.
l.
5.
c.
2.
Sozom.
l.
7.
c.
1.
This
the
Historians
Socrates
and
Sozomen
set
down
as
the
first
act
of
his
Government
,
but
they
were
ignorant
of
what
he
had
enacted
in
the
West
.
[
(b)
](A56397-e9510-b)
(b)
Theod.
l.
5.12
.
As
for
Theodoret
,
he
is
quite
lost
in
the
whole
story
,
turning
this
act
of
Indulgence
into
a
severe
Law
,
but
the
apparent
ground
of
his
Mistake
is
,
his
confounding
this
Rescript
with
another
of
Theodosius
de
fide
Catholicâ
,
[
(c)
](A56397-e9550-b)
(c)
l.
2.
that
bears
this
Emperor's
Name
,
though
enacted
by
Theodosius
alone
.
For
that
was
the
custom
,
that
though
the
Law
were
made
by
one
Emperor
,
it
was
publisht
in
the
name
of
all
.
But
to
proceed
with
Gratian
,
he
having
setled
things
as
well
as
he
could
in
the
East
,
and
returning
the
year
after
into
the
West
,
publishes
[
(d)
](A56397-e9590-b)
(d)
de
Haeret
.
l.
5.
a
Rescript
at
Milan
to
cancel
the
Sirmian
indulgence
,
and
forbid
the
Assemblies
of
all
Sects
that
had
been
adjudged
Hereticks
by
the
Church
and
Imperial
Laws
;
thus
we
may
see
what
Princes
are
frequently
forced
to
do
as
to
their
Penal
Laws
by
the
necessity
of
the
Times
,
and
vary
their
Edicts
as
the
present
temper
of
the
World
will
bear
them
.
But
now
this
Emperor
having
by
this
seasonable
Law
given
check
to
the
Hereticks
,
in
the
next
place
he
restores
the
effectual
Discipline
of
the
Church
[
(e)
](A56397-e9630-b)
(e)
de
Epist.
l.
23.
by
a
Rescript
bearing
date
the
year
376
,
that
the
same
Custom
should
be
observed
in
Ecclesiastical
Affairs
,
as
was
in
Civil
Causes
,
that
Controversies
belonging
to
Religion
,
should
be
judged
by
the
Synod
of
the
Diocess
,
but
all
criminal
Causes
should
be
reserved
to
the
Audience
of
the
Secular
Governors
.
Not
to
inquire
at
present
into
the
particular
occasion
of
this
Law
,
which
Gothofred
conjectures
was
made
in
the
controversy
of
punishing
the
Priscillianists
with
the
Sword
,
it
is
agreeable
with
the
practice
of
the
Empire
,
and
so
this
learned
Civilian
divides
all
Controversies
into
Causes
ecclesiastical
and
political
,
the
Ecclesiastical
into
Controversies
of
Faith
or
Discipline
,
these
,
he
says
,
appertain
to
the
Church
.
The
political
are
divided
into
Causes
pecuniary
,
or
Causes
criminal
,
and
these
,
he
says
,
appertain
to
the
Civil
Power
.
This
I
know
is
the
common
state
of
the
bounds
of
Jurisdiction
,
and
has
made
great
confusions
in
Christendom
,
whilst
both
Powers
contend
to
keep
their
own
ground
:
and
especially
since
the
power
over
the
Catholick
Church
was
swallowed
up
into
the
papal
Omnipotency
,
what
troubles
have
the
Popes
given
the
Christian
Emperors
,
for
daring
to
intermeddle
with
spiritual
Matters
?
But
this
Argument
of
the
bounds
of
Jurisdiction
I
shall
fully
state
,
when
I
have
first
set
down
the
exercise
of
it
in
matter
of
Fact
,
and
therefore
though
I
need
at
present
only
say
that
it
is
a
dangerous
Mistake
to
divide
them
by
the
different
Matters
about
which
they
are
conversant
,
when
they
are
both
conversant
about
the
same
Matters
,
and
unless
they
are
so
,
both
of
them
will
be
too
weak
to
attain
the
ends
of
their
Institution
.
Yet
because
it
is
the
fundamental
Mistake
on
both
sides
,
and
because
I
may
never
come
to
finish
this
wide
undertaking
,
and
lastly
because
I
find
it
to
be
the
great
stumbling
block
to
the
wiser
and
more
judicious
Men
of
the
Church
of
Rome
,
I
shall
here
a
little
briefly
consider
its
consequence
.
[
(f)
](A56397-e9690-b)
(f)
de
concord
.
l.
2.
c.
1.
§
4.
The
learned
Petrus
de
Marca
one
of
the
wisest
Writers
of
that
Church
affirms
,
and
believes
the
bounds
of
these
two
Jurisdictions
to
be
so
plainly
determin'd
by
the
Matters
themselves
,
about
which
they
are
imployed
,
that
no
Man
can
possibly
miss
their
true
boundaries
,
that
does
not
industriously
over-look
them
,
in
that
it
is
so
evident
that
the
regal
Power
extends
only
to
things
secular
,
and
the
Ecclesiastical
to
things
spiritual
.
Whereas
on
the
contrary
nothing
is
more
evident
,
than
that
all
Actions
are
both
Secular
and
Spiritual
,
the
same
Action
as
it
relates
to
the
peace
of
the
World
,
and
the
Civil
Government
of
Mankind
is
of
a
secular
Nature
,
and
as
it
is
a
moral
Vertue
,
and
required
by
the
Law
of
God
as
a
duty
of
Religion
,
so
it
is
of
a
spiritual
Nature
.
And
so
on
the
other
side
,
those
things
that
are
esteem'd
Spiritual
,
yet
as
they
have
an
influence
upon
the
publick
Peace
(
and
nothing
has
a
greater
)
they
must
come
under
the
cognizance
of
the
civil
Government
.
So
that
these
Jurisdictions
are
so
far
from
being
distinguisht
by
the
Objects
about
which
they
are
conversant
,
that
they
are
always
both
equally
extended
to
the
same
Objects
,
so
as
that
if
we
limit
either
to
one
sort
of
Actions
,
we
destroy
both
.
For
to
take
Matters
spiritual
in
their
strictest
acceptation
,
and
as
they
are
vulgarly
understood
,
for
the
Offices
of
divine
Worship
,
and
especially
the
publick
Devotions
,
that
are
performed
by
the
Sacerdotal
Order
in
the
publick
Assemblies
,
yet
if
the
Sacerdotal
Power
reach
not
beyond
this
to
secular
things
,
it
can
never
reach
its
end
,
for
that
is
to
procure
the
future
happiness
of
the
Souls
of
Men
,
and
that
very
much
depends
upon
their
good
or
bad
behavior
in
the
Affairs
of
this
life
;
so
that
if
their
spiritual
Guides
and
Governors
are
barr'd
from
intermedling
in
all
such
Matters
,
they
are
cut
off
from
the
chief
part
of
their
Office
,
and
what
remains
,
will
be
too
weak
to
attain
its
end
,
for
when
Men
have
been
never
so
careful
in
all
the
Offices
of
Religion
,
yet
if
care
be
not
taken
to
regulate
the
Actions
of
humane
intercourse
,
all
their
Devotion
will
avail
them
very
little
in
the
World
to
come
.
So
on
the
other
side
,
when
the
Civil
Power
has
done
all
that
it
can
,
to
settle
and
secure
the
quiet
of
the
Common-Wealth
,
by
the
wisest
Laws
of
Justice
and
Honesty
,
yet
if
they
may
not
take
notice
of
what
Doctrins
are
instill'd
into
their
Subjects
by
their
Teachers
,
or
what
divisions
or
commotions
are
raised
by
them
in
the
Church
,
they
may
soon
be
involved
into
disturbance
or
confusion
,
without
any
Power
to
relieve
themselves
.
I
am
not
at
present
concern'd
to
prove
that
this
is
now
actually
done
by
any
Party
of
Men
,
it
is
enough
to
my
present
purpose
,
that
it
is
a
possible
thing
to
disturb
the
peace
of
Government
,
under
Pretences
or
by
Mistakes
of
Religion
,
or
to
pray
and
preach
Men
into
Rebellion
.
And
if
it
be
so
,
then
the
consequence
is
unavoidable
that
it
must
be
subject
to
the
power
of
the
Civil
Magistrate
,
if
that
be
any
of
its
Office
to
take
any
care
of
the
peace
and
quiet
of
the
World
.
But
in
truth
this
distinction
has
been
all
along
chiefly
cherisht
by
the
Bishops
of
Rome
since
the
time
of
their
Usurpation
:
because
when
they
had
got
all
the
spiritual
Power
of
the
Church
into
their
own
hands
,
their
next
care
was
to
hug
and
keep
it
intire
to
themselves
,
and
therefore
they
confin'd
the
Power
of
Princes
wholly
to
Matters
of
State
,
but
as
for
all
things
,
that
concern'd
the
Church
,
they
were
bound
with
all
submission
to
resign
themselves
to
his
Holinesses
Orders
,
and
if
they
presumed
to
gain-say
any
of
his
Edicts
,
though
never
so
prejudicial
to
their
own
Affairs
,
it
was
open
defyance
to
Holy
Church
,
and
though
the
Popes
never
proceeded
any
farther
against
him
,
as
none
of
them
did
,
till
Hildebrand
,
yet
that
alone
was
at
that
time
a
forfeiture
of
the
Affections
of
his
best
Subjects
,
i.
e.
all
those
plain
and
good
People
,
that
have
any
real
love
or
value
for
their
Religion
.
And
this
one
thing
alone
gave
the
Popes
of
Rome
,
though
they
had
never
proceeded
to
the
scandalous
boldness
of
deposing
Princes
,
an
absolute
Empire
and
Authority
over
all
the
Princes
of
Christendom
.
And
it
is
observable
that
they
were
the
high
flying
Popes
,
that
were
the
chief
sticklers
for
the
advancement
of
this
distinction
,
as
appears
not
only
from
the
Collection
of
Gratian
,
Distinct.
69.
where
it
is
largely
exemplified
,
but
from
Petrus
de
Marca
himself
,
warranting
the
truth
of
this
Doctrin
from
the
Authorities
of
Gelasius
,
Symmachus
,
Gregory
the
second
,
Nicolaus
the
first
,
Innocentius
the
third
,
who
in
their
several
high
Contests
with
the
Emperors
,
that
indeavour'd
to
check
and
bridle
their
Ecclesiastical
Insolence
,
still
bid
them
mind
their
own
business
,
and
not
presum●
to
meddle
with
the
Church
,
the
Government
whereof
was
intrusted
to
St.
Peter
and
his
Successors
.
But
their
Adversaries
have
been
even
with
them
,
especially
the
Erastian
Hereticks
(
for
what
greater
Heresy
can
there
be
in
the
Church
,
than
to
take
away
the
very
Being
of
the
Church
)
by
distinguishing
between
the
sacred
Function
,
which
they
grant
to
be
the
proper
office
of
the
Church
,
and
the
Power
over
sacred
things
,
which
they
annex
intirely
to
the
Civil
Power
,
by
which
distinction
they
leave
the
Governors
of
the
Church
no
other
Power
,
than
to
administer
the
Offices
of
Religion
,
without
any
Power
of
punishing
Offenders
against
the
Laws
of
Religion
,
and
then
they
have
none
at
all
,
for
there
can
be
no
power
without
a
Power
of
inflicting
Penalties
.
And
there
lyes
the
true
distinguishing
point
between
these
two
Jurisdictions
,
not
in
the
Matters
about
which
their
Power
is
imployed
,
but
in
the
Penalties
,
by
which
it
is
inforced
.
Thus
to
be
short
and
give
one
example
for
all
,
whereas
[
(g)
](A56397-e9850-b)
(g)
Novel.
83.
Justinian
leaves
to
the
Church
,
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
sins
committed
against
the
Ecclesiastical
Order
by
the
Clergy
,
and
to
the
State
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
Sins
against
the
Laws
of
the
State
.
This
division
is
so
far
from
being
true
,
that
both
Powers
are
equally
concern'd
in
both
Crimes
,
for
if
any
Clergy-man
disturb
the
Government
,
as
the
Donatists
did
by
a
Contest
about
a
Canon
of
the
Church
,
then
though
it
were
an
Ecclesiastical
sin
,
it
concern'd
the
Civil
Government
to
check
the
Mischief
by
the
proper
Penalties
of
Sedition
,
as
Honorius
drove
them
into
banishment
,
and
thereby
restored
the
long
interrupted
Peace
of
the
Empire
.
And
on
the
other
hand
,
if
any
Clergy-Man
,
let
him
be
never
so
regular
to
the
Laws
and
Rules
of
the
Church
,
shall
in
a
state-Faction
ingage
in
a
Rebellion
against
his
Soveraign
,
that
is
properly
a
Political
sin
,
the
Church
is
bound
to
inflict
such
Penalties
upon
him
,
as
are
denounced
by
the
Laws
of
their
Religion
against
all
Traitors
and
Rebels
,
i.
e.
to
cast
him
out
of
their
Society
,
and
the
capacity
of
Salvation
.
And
that
is
the
only
difference
in
the
case
,
that
when
the
King
cuts
a
Traitor
off
for
this
life
,
the
Church
cuts
him
off
●or
the
next
,
and
so
it
is
in
all
other
Crimes
,
where
the
Prince
punishes
for
breach
of
the
Laws
of
the
Land
,
the
Church
punishes
proportionably
for
breach
of
the
Laws
of
Religion
.
And
as
by
the
Laws
of
the
Land
the
Penalty
is
proportionable
to
the
Crime
,
so
is
it
by
the
Laws
of
the
Church
:
for
as
some
Offences
are
Capital
,
and
some
only
Penal
in
the
State
,
so
in
the
Church
,
some
are
punisht
by
Penance
,
some
by
utter
excision
or
cutting
off
from
the
Kingdom
of
Heaven
,
which
is
the
same
thing
in
its
kind
,
as
cutting
off
life
in
this
World
.
So
that
the
same
Crimes
are
so
far
from
belonging
to
different
Judicatures
,
that
all
belong
to
both
,
the
only
difference
is
,
that
one
punishes
here
,
and
the
other
hereafter
.
And
now
this
one
observation
of
the
difference
of
Penalties
in
the
same
cause
being
supposed
,
which
cannot
be
be
avoided
,
without
destroying
or
intrenching
upon
the
Rights
of
Church
or
State
,
the
bounds
of
Jurisdiction
are
evident
enough
without
splitting
of
Causes
,
and
it
is
easy
enough
to
understand
how
the
same
Causes
belong
to
both
Jurisdictions
from
their
different
ends
,
without
setting
any
restraint
to
either
Power
.
And
thus
having
in
this
short
digression
,
as
briefly
as
I
could
,
secured
this
point
of
the
Controversy
,
which
is
the
main
Hinge
upon
which
depends
the
disingenuous
Contention
of
both
the
extreme
Parties
,
both
Papal
and
Erastian
,
I
now
return
to
the
course
of
the
History
,
which
was
broke
off
at
the
year
376.
[
(h)
](A56397-e9940-b)
(h)
Am.
Marcel
.
l.
31.
At
which
time
,
the
Huns
breaking
into
the
Eastern
Empire
,
and
Valens
being
extremely
distrest
by
them
and
the
Goths
at
the
same
time
,
[
(i)
](A56397-e9990-b)
(i)
in
Cron.
St.
Jerom
and
[
(k)
](A56397-e10020-b)
(k)
l.
7.
c.
33.
Crosius
say
that
he
repented
of
his
former
severity
,
and
upon
it
recall'd
the
Orthodox
Bishops
from
banishment
,
[
(l)
](A56397-e10060-b)
(l)
lib.
4.35
.
c.
37.
but
Socrates
only
says
,
and
that
much
more
probably
,
that
being
otherwise
imployed
he
desisted
,
and
so
the
banisht
Bishops
,
particularly
Peter
of
Alexandria
had
opportunity
of
returning
home
And
that
I
doubt
was
all
,
notwithstanding
St.
Jerom's
lavish
story
of
his
Repentance
,
which
good
Father
partly
by
his
boldness
,
partly
by
his
eagerness
,
has
occasion'd
the
greatest
Mistakes
in
the
story
of
the
Church
,
and
therefore
when
he
is
a
single
witness
,
his
Testimony
is
not
to
be
regarded
in
any
Matter
of
Fact
,
unless
when
he
speaks
of
his
own
knowledg
,
for
he
was
an
honest
Man
,
and
would
not
lye
,
yet
he
was
so
very
hot-headed
,
that
it
often
betrayed
him
into
false-hoods
,
and
therefore
his
single
Authority
ought
not
to
be
trusted
,
unless
in
Matters
of
his
own
knowledg
.
And
by
relying
upon
it
,
and
that
contrary
to
the
testimony
of
calmer
Authors
great
darkness
has
been
brought
upon
the
Records
of
the
Church
,
and
has
particularly
blemisht
Baronius
his
Annals
,
who
has
very
often
followed
his
Authority
not
only
without
,
but
against
all
other
Authors
,
and
by
it
run
himself
into
a
great
many
Mistakes
against
the
best
Records
of
the
Church
.
And
this
I
take
to
be
one
,
though
no
material
one
,
that
Valens
repented
of
his
Persecution
,
and
call●d
back
the
banisht
Bishops
,
for
which
there
is
no
proof
but
only
his
saying
so
,
and
they
that
followed
his
Authority
,
otherwise
we
do
not
find
that
they
were
solemnly
recall'd
,
till
Gratian
came
into
the
East
after
his
death
,
when
indeed
[
(k)
](A56397-e10160-b)
(k)
Soc.
l.
●
.
c.
2.
Soz.
l.
7.
c.
1.
Theod.
l.
5.
c.
2.
all
the
Historians
agree
that
they
were
restored
.
In
the
Year
377
a
Council
was
held
at
Antioch
,
for
preventing
or
rather
curing
a
Schism
in
that
Church
,
that
was
first
created
by
Julian's
spiteful
and
treacherous
toleration
to
all
Sects
,
for
by
that
means
3
Bishops
had
been
set
up
in
one
Church
,
Meletius
who
was
first
an
Acacian
,
but
afterwards
revolting
to
the
Nicene
Faith
,
Euzoius
was
put
in
his
place
by
the
Acacian
Faction
,
and
Paulinus
set
up
by
that
hot
Man
Lucifer
Calaritanus
,
who
would
accept
of
none
of
Meletius
his
repentance
,
in
opposition
to
both
.
With
Meletius
the
Arian
Converts
communicated
,
with
Paulinus
the
old
Orthodox
,
because
Paulinus
himself
had
ever
been
so
,
and
as
for
Euzoius
he
presided
over
the
Acacian
Party
.
But
he
dying
about
this
time
,
a
Controversy
arose
who
should
be
the
true
and
proper
Bishop
of
the
Place
,
in
which
not
only
the
People
of
the
City
made
Parties
,
but
the
Bishops
of
other
Churches
.
St.
Basil
was
zealous
for
Meletius
,
Pope
Damasus
for
Paulinus
,
so
that
it
became
a
Controversy
between
the
East
and
West
.
But
at
last
this
expedient
was
found
out
,
that
both
during
their
lives
should
keep
their
own
shares
,
but
when
ever
one
of
them
dyed
,
the
surviver
should
govern
the
whole
Church
,
and
that
the
Schism
might
not
be
perpetuated
,
an
Oath
was
administred
to
six
of
the
eldest
Presbyters
of
that
Church
,
who
were
the
only
Candidates
for
the
Election
,
to
submit
to
the
Decree
,
and
this
,
for
the
present
,
ended
the
Quarrel
.
And
yet
when
after
this
Meletius
dyed
,
Flavianus
one
of
the
six
Presbyters
that
had
sworn
never
to
invade
the
Bishoprick
,
whilst
either
of
the
present
Bishops
survived
,
violently
thrusts
himself
into
the
See
,
and
sets
up
a
Schism
against
Paulinus
to
the
great
and
long
disturbance
of
the
Church
,
as
we
shall
afterward
see
,
though
Theodoret
[
(l)
](A56397-e10470-b)
(l)
lib.
3.
c.
3.
et
c.
23.
either
out
of
a
picque
to
Paulinus
or
partiality
to
Flavianus
,
relates
the
whole
Matter
so
awkerdly
,
as
not
only
to
pervert
,
but
apparently
to
falsifie
the
whole
Story
.
§
.
V.
In
the
Year
379
is
the
great
Theodosius
taken
into
a
partnership
of
the
Government
,
who
by
his
Wisdom
settled
all
the
distractions
of
the
Eastern-Empire
,
and
by
his
courage
recovered
the
Western
when
it
was
lost
.
At
first
he
is
left
to
the
Government
of
the
East
,
as
being
at
that
time
by
the
folly
of
Valens
and
the
wickedness
of
the
Eunuchs
and
Eudoxians
,
much
the
most
troublesom
,
and
therefore
in
the
next
year
after
his
being
settled
in
the
Government
,
he
takes
care
for
the
settlement
of
Religion
,
and
for
that
end
is
himself
baptised
by
Acholius
Bishop
of
Thessalonica
,
that
at
that
time
belong'd
to
the
Eastern
Empire
,
and
as
the
first
fruits
of
his
sacramental
Vow
,
he
immediately
set
out
,
and
that
probably
at
the
good
Bishop's
motion
,
that
famous
,
or
as
it
is
commonly
stiled
,
Golden
Rescript
[
(m)
](A56397-e10610-b)
(m)
l.
2.
de
fide
Catholicâ
to
the
divided
People
of
Constantinople
,
commanding
the
universal
Reception
of
the
old
Orthodox
Faith
,
ut
secundum
Apostolicam
disciplinam
,
evangelicamque
doctrinam
,
Patris
et
Filii
et
Spirit●s
sancti
unam
Deitatem
sub
parili
Majestate
,
&
sub
piâ
Trinitate
credamus
,
that
we
believe
one
God-head
of
the
Father
,
Son
and
Holy
Ghost
,
all
of
equal
Majesty
in
the
holy
Trinity
,
according
to
the
Doctrin
of
the
Apostles
and
Evangelists
.
And
as
for
all
that
refused
this
Faith
,
of
what
Faction
and
Denomination
soever
,
they
were
all
adjudged
Hereticks
,
and
the
Laws
against
them
put
in
force
.
[
(n)
](A56397-e10660-b)
(n)
Soc.
l.
5.
c.
4.
And
soon
after
this
the
great
Church
of
Constantinople
,
is
by
his
command
taken
from
the
Hereticks
(
who
had
in
one
shape
or
other
kept
possession
of
it
full
forty
years
)
and
deliver'd
up
to
the
Catholicks
.
And
this
was
seconded
by
another
Rescript
in
the
year
following
to
the
Proconsul
of
Asia
,
that
had
been
all
along
infested
with
the
most
numerous
swarms
of
Hereticks
,
in
which
he
strictly
commands
all
Churches
to
be
taken
away
from
all
Bishops
and
Priests
,
that
refused
to
subscribe
the
Nicene
Faith
,
and
for
better
security
further
Orders
that
no
Man
should
be
admitted
to
any
Church
,
but
such
as
were
approved
by
a
certain
Committee
of
Orthodox
Bishops
,
appointed
by
himself
for
that
purpose
.
Here
I
must
confess
that
I
[
(†)
](A56397-e10710-b)
(†)
Account
of
the
Government
of
the
Church
§
20.
once
thought
this
Law
an
invasion
upon
the
Rights
of
the
Church
,
by
confounding
the
old
bounds
of
Provinces
,
and
destroying
the
Prerogatives
of
Metropolitans
,
because
they
were
chosen
without
regard
to
either
;
but
having
now
traced
its
history
more
accurately
by
comparing
the
Imperial
Laws
with
the
Records
of
the
Church
,
(
and
indeed
it
is
impossible
to
gain
a
full
knowledg
of
either
,
without
a
competent
knowledg
of
both
)
and
so
considering
the
time
and
occasion
of
enacting
it
,
it
plainly
clears
it self
from
any
such
ill
suspicion
.
For
first
,
if
it
were
made
before
the
Council
of
Constantinople
,
as
some
will
have
it
,
it
was
then
but
a
temporary
Provision
,
till
a
better
settlement
could
be
made
by
the
approaching
Council
,
and
therefore
if
it
had
been
an
intrenchment
upon
the
Church
,
it
was
not
design'd
to
be
perpetual
,
but
was
taken
up
as
the
best
expedient
,
that
the
necessity
of
the
Times
would
admit
,
and
all
necessity
is
its
own
dispensation
.
But
if
it
were
enacted
after
the
Council
,
and
if
its
Date
be
not
mistaken
,
and
so
it
was
,
for
the
Council
sat
in
May
,
June
,
July
,
and
this
bears
date
August
,
then
it
is
only
a
confirmation
of
the
Decree
of
the
Church
,
that
had
settled
the
Nicene
Faith
.
But
which
soever
it
was
,
this
institution
of
the
Communicatory
Bishops
was
no
alteration
either
of
the
bounds
or
the
Rules
of
Discipline
,
for
the
Ecclesiastical
Government
of
Provinces
under
Metropolitans
stood
as
before
,
but
it
was
only
a
Rule
to
his
own
Officers
,
not
to
deliver
up
Churches
to
any
that
did
not
bring
Certificates
from
some
of
these
Bishops
,
but
when
they
brought
them
,
they
were
to
be
admitted
after
the
usual
manner
;
if
Presbyters
,
by
the
Bishop
and
his
Synod
of
Presbyters
;
if
Bishops
,
by
the
Metropolitan
and
his
Synod
of
Bishops
.
Neither
can
any
thing
be
inferr'd
for
equalling
Diocesan
Bishops
or
preferring
them
above
Metropolitans
,
by
Nectarius
his
being
made
the
first
Man
in
the
Instrument
,
for
it
was
no
matter
of
power
but
of
trust
,
the
Emperor
chose
them
not
with
any
regard
to
their
Authority
,
but
from
his
knowledg
of
their
Integrity
in
the
Orthodox
Faith
,
and
therefore
being
best
acquainted
with
Nectarius
the
Bishop
of
his
own
City
,
and
his
old
Favourite
,
he
naturally
named
him
in
the
first
place
,
and
the
rest
probably
by
the
information
of
others
.
This
is
all
that
I
can
find
intended
by
this
Emperor
's
erecting
this
Committee
of
Communicatory
Bishops
,
it
was
to
guide
himself
and
his
Officers
,
not
to
determine
the
Church
.
And
now
are
we
come
to
the
great
Council
of
Constantinople
,
whose
main
business
it
was
to
settle
the
Nicene
Faith
,
and
anathematise
the
Arian
Heresy
,
and
all
the
Sects
that
had
been
spawn'd
out
of
it
;
but
because
the
Macedonians
had
as
we
have
seen
above
,
so
often
own'd
the
Nicene
Faith
,
and
particularly
in
the
Council
at
Lampsacus
,
the
good
Emperor
in
hopes
to
bring
them
over
,
[
(c)
](A56397-e10830-b)
(c)
Soc.
l.
5.
c.
8.
Soz.
l.
7.
c.
7.
summon'd
them
to
the
Council
,
36
in
number
,
but
it
seems
they
were
at
that
time
in
a
sullen
fit
,
and
would
not
be
prevail'd
upon
to
stand
to
their
former
subscriptions
,
and
so
depart
the
Council
.
But
the
Fathers
proceed
,
and
in
the
first
place
vote
the
Nicene
Faith
unalterable
,
condemn
all
the
several
dissenters
from
it
by
name
,
make
some
Canons
useful
for
the
present
settlement
of
the
Church
,
and
give
an
account
of
their
proceedings
to
his
Imperial
Majesty
in
these
words
.
That
meeting
at
Constantinople
in
obedience
to
his
Summons
,
they
had
preserved
Peace
among
themselves
,
confirm'd
the
Nicene
Faith
,
anathematised
all
Heresies
,
that
had
been
raised
against
it
,
enacted
divers
Canons
for
the
due
settlement
of
the
discipline
of
the
Church
,
they
now
request
his
Majesty
that
he
would
be
pleased
to
ratifie
the
Decrees
of
the
Council
,
that
as
they
were
call'd
together
by
his
Imperial
Letters
,
so
he
would
be
pleased
to
give
an
effectual
conclusion
to
their
Decrees
.
That
was
the
true
state
of
the
Church
under
his
wise
reign
,
as
it
was
under
Constantines
,
to
summon
them
to
Council
by
his
own
Authority
,
and
leave
them
to
the
liberty
of
their
own
determinations
,
and
then
if
he
pleased
,
to
inforce
them
by
his
own
Imperial
Laws
and
Penalties
.
And
that
he
did
to
purpose
,
for
beside
the
former
Law
of
Communicatory
Bishops
,
that
was
most
probably
publisht
at
this
time
,
he
enacted
[
(p)
](A56397-e10910-b)
(p)
de
Haeret
.
l.
6.
another
injoining
the
Nicene
Faith
,
forbidding
publick
Assemblies
to
all
,
that
would
not
subscribe
it
,
condemning
the
Photinians
,
Arians
,
Eunomians
by
name
,
and
commanding
all
Churches
within
the
Empire
to
be
deliver'd
up
to
the
Orthodox
Bishops
,
or
such
as
kept
close
to
the
Nicene
Faith
.
The
Rescript
is
a
plain
Epitome
both
of
the
Creed
and
Canons
of
the
Council
,
and
for
the
most
part
exprest
in
the
very
same
words
.
And
because
when
the
Churches
were
taken
from
the
Hereticks
they
attempted
to
build
new
ones
,
[
(q)
](A56397-e10940-b)
(q)
de
Haeret
.
l.
8.
he
seconds
it
with
another
to
forbid
that
,
under
pain
of
Confiscation
.
Upon
this
the
Hereticks
meet
in
private
Conventicles
,
or
assemble
Multitudes
together
in
the
Streets
and
Fields
,
which
occasions
[
(r)
](A56397-e10960-b)
(r)
de
Haeret
.
l.
11.12
two
Laws
in
the
year
383
,
to
forbid
all
manner
of
Meetings
in
all
Places
whatsoever
,
to
restrain
wandring
Bishops
from
preaching
or
ordaining
successors
in
the
Heresy
,
and
the
Execution
of
these
Laws
is
injoin'd
the
Governors
of
Provinces
upon
pain
of
Deposition
from
their
places
.
But
because
the
Hereticks
were
ferretted
out
of
all
other
Places
,
and
took
sanctuary
in
the
great
City
of
Constantinople
,
[
(s)
](A56397-e10990-b)
(s)
ibid.
l.
13.
he
publishes
another
Rescript
the
year
following
,
requiring
the
Magistrates
to
make
a
diligent
search
to
find
out
their
lurking
holes
,
and
so
we
hear
no
more
of
them
,
till
the
year
388
,
when
all
these
Laws
against
them
,
were
contracted
into
[
(t)
](A56397-e11010-b)
(t)
ibid.
14.
one
Rescript
,
the
Emperor
being
provoked
to
renew
the
execution
of
his
old
Laws
,
by
their
sawcy
behaviour
upon
any
cessation
against
them
.
But
now
leaving
the
Eastern
parts
to
go
to
the
assistance
of
Valentinian
the
younger
against
the
Tyrant
Maximus
,
who
had
driven
him
out
of
his
Empire
in
the
West
,
he
chooses
Tatianus
a
Man
eminent
for
Courage
,
Wisdom
and
Conduct
,
to
be
his
Praefectus
Praetorio
in
his
absence
,
and
when
he
comes
into
Macedonia
,
where
he
meets
the
distressed
young
Emperor
,
and
finding
himself
ingaged
in
a
dangerous
War
on
his
behalf
,
for
the
better
security
of
the
Peace
,
sends
him
a
new
sort
of
Rescript
,
[
(u)
](A56397-e11080-b)
(u)
de
his
qui
super
Religione
contendunt
.
l.
2.
strictly
commanding
him
,
that
he
suffer
no
disputes
about
Religion
,
and
if
any
shall
dare
to
do
it
,
that
he
punish
their
presumption
with
just
severity
.
A
Law
that
has
been
found
so
useful
and
necessary
to
the
publick
Peace
,
that
it
has
been
from
time
to
time
renewed
by
wise
Princes
in
all
Ages
.
He
himself
was
forced
four
years
after
,
to
impose
it
upon
the
Egyptians
and
Alexandrians
under
pain
of
deportation
,
and
no
wonder
,
when
they
have
been
remarked
in
all
Ages
and
by
all
Authors
,
as
the
most
contentious
and
quarrelsom
People
in
the
World
,
and
particularly
at
that
time
great
Tumults
were
raised
by
the
Anthropomorphite
Monks
.
It
was
afterward
renewed
by
the
great
and
wise
Emperor
Marcian
,
inserted
into
the
Laws
of
the
Vice-Goths
,
the
Capitulars
of
Charles
the
Great
,
and
the
Additions
of
his
Son
Lewis
.
And
this
they
did
not
only
for
the
security
of
the
publick
Peace
,
but
for
the
honor
and
reverence
of
Religion
.
For
it
cannot
but
bring
that
into
great
contempt
,
to
see
it
bandied
up
and
down
in
popular
Tumults
and
Seditions
,
and
therefore
in
the
Primitive
modest
Times
,
they
indeavour'd
to
keep
Matters
of
dispute
and
controversy
from
the
notice
of
the
People
,
[
(w)
](A56397-e11170-b)
(w)
V.
Gothofredi
Notas
in
legem
.
and
distinguisht
between
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
things
fit
to
be
preached
,
and
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
notions
fit
to
be
conceal'd
.
And
it
was
the
familiar
form
of
Expression
in
their
Sermons
,
when
they
came
to
any
controversial
point
,
to
break
off
suddainly
with
an
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
but
this
the
learned
know
.
Gregory
Nazianzen
has
an
excellent
Sermon
upon
the
Subject
,
[
(x)
](A56397-e11230-b)
(x)
Orat.
26.
fit
for
our
own
conceited
and
capricious
Times
,
in
which
the
good
Father
is
so
popishly
affected
,
as
to
recommend
to
his
disputing
Citezens
of
Constantinople
,
ignorance
above
curiosity
.
But
this
wise
Emperor
having
settled
things
in
as
good
a
posture
,
as
he
could
in
the
East
,
prevails
at
the
same
time
with
the
young
Valentinian
,
who
by
the
instigation
of
his
Mother
Justina
,
had
been
a
great
Patron
of
the
Hereticks
,
to
publish
the
same
severe
Rescript
against
them
in
the
West
,
that
himself
at
his
first
coming
to
the
Empire
had
enacted
in
the
East
,
and
to
cancel
the
former
Law
,
that
he
had
two
years
before
made
in
their
behalf
,
viz.
[
(y)
](A56397-e11290-b)
(y)
de
fide
Cathol.
l.
4.
that
we
grant
liberty
of
publick
Assemblies
to
all
those
,
that
believe
according
to
that
Faith
,
that
in
the
time
of
Constantius
was
agreed
upon
at
Ariminum
by
all
the
Bishops
of
the
Roman
World
,
and
let
those
Men
know
,
that
presume
that
themselves
alone
ought
to
have
liberty
,
that
if
they
shall
attempt
any
disturbance
against
this
our
Command
,
they
shall
stand
guilty
of
High-Treason
,
and
pay
for
it
with
their
blood
.
This
is
a
very
high
Act
in
behalf
of
all
the
Hereticks
,
for
by
the
Faith
agreed
upon
at
Ariminum
is
to
be
understood
,
the
cheat
that
Valens
and
his
Party
put
upon
the
Council
,
that
comprehended
all
the
different
Parties
whatsoever
.
And
yet
that
is
the
Faith
that
is
here
confirm'd
to
last
forever
,
and
whoever
shall
publickly
oppose
any
that
publickly
promote
it
,
shall
forfeit
his
head
.
This
came
from
the
furious
zeal
of
Justina
,
who
prosecuted
it
with
the
same
zeal
and
outrage
,
wherewith
she
had
procured
it
,
and
it
was
so
highly
displeasing
to
Benevolus
the
Emperor
's
Secretary
,
[
(a)
](A56397-e11390-b)
(a)
Ruffin
.
l.
2.
c.
16.
that
he
chose
rather
to
lose
his
Office
and
the
Offer
of
much
greater
Preferments
,
than
so
much
as
transcribe
it
.
And
this
was
the
Rescript
,
that
brought
so
much
trouble
to
St.
Ambrose
,
when
he
refused
to
deliver
up
his
Church
to
the
Arians
,
and
indeed
it
was
particularly
aimed
at
him
.
And
the
first
Mover
of
all
the
Mischief
was
one
Auxentius
a
Scythian
,
that
had
a
great
mind
to
that
wealthy
Bishoprick
,
but
partly
because
the
Name
of
Auxentius
was
hateful
to
the
People
of
that
City
,
and
partly
because
he
was
infamous
for
many
Villanies
in
his
own
Country
,
he
took
upon
him
the
name
of
Mercurin●s
.
But
this
whole
business
being
a
very
remarkable
transaction
,
and
of
very
great
consequence
to
my
Argument
,
I
shall
set
it
down
with
the
greater
Nicety
:
that
we
may
not
only
see
the
outward
Actions
themselves
,
but
the
inward
Springs
and
Motives
of
the
Court-Intrigues
.
§
.
VI.
And
first
of
all
Auxentius
challenges
St.
Ambrose
to
a
dispute
before
the
Emperor
then
only
a
Catechumen
;
but
the
Bishop
disdains
the
Motion
,
that
when
the
Faith
had
been
so
fairly
determin'd
by
so
many
Councils
,
he
should
prostitute
the
divine
Authority
of
the
Church
,
by
referring
it
to
a
secular
Judicature
,
but
chiefly
by
making
a
Catechumen
supreme
Judg
of
the
Faith
.
But
Dalmatius
the
Tribune
is
sent
by
the
Emperor
to
command
his
appearance
,
upon
which
advising
with
some
Bishops
,
that
were
then
present
with
him
,
he
returns
his
Answer
in
writing
,
in
which
with
equal
courage
and
modesty
he
reproves
him
for
medling
with
things
that
did
not
originally
belong
to
his
Judicature
,
and
so
proceeds
to
state
the
Power
of
the
Emperors
in
Ecclesiastical
Matters
,
from
the
practice
of
his
Predecessors
.
And
it
was
then
but
time
to
be
hot
in
the
Cause
,
this
being
the
first
open
breach
,
that
was
made
upon
the
Church
;
for
though
Constantius
had
often
done
it
underhand
or
rather
unadvisedly
,
yet
what
he
did
,
was
by
the
pretended
Authority
of
Councils
,
but
this
is
the
first
time
that
any
Prince
challeng'd
a
Power
to
judg
of
Faith
by
his
Imperial
Authority
.
And
as
it
hapned
,
it
was
as
good
a
season
as
the
Experiment
could
have
been
tryed
in
,
when
the
Tryal
fell
upon
such
a
Man
as
St.
Ambrose
,
a
Man
of
infinite
Courage
and
Integrity
,
and
he
has
distill'd
the
very
Spirit
of
both
into
his
Reply
,
the
short
of
it
is
this
.
[
(b)
](A56397-e11580-b)
(b)
Lib.
4.
Epist.
32.
Sir
I
hope
I
return
you
a
sufficient
Answer
,
though
I
come
not
to
Court
upon
the
Errand
that
I
am
sent
for
,
neither
let
any
Man
judg
me
contumacious
,
when
I
only
maintain
what
your
Father
of
blessed
Memory
was
not
only
wont
to
say
in
discourse
,
but
to
enact
by
Law
,
That
in
Causes
of
Faith
or
Ecclesiastical
Discipline
,
he
alone
ought
to
be
Judg
,
who
is
qualified
for
it
by
Right
and
Office
.
He
would
have
Bishops
judg
of
Bishops
,
nay
if
a
Bishop
were
guilty
of
Crimes
of
any
other
nature
,
he
was
pleased
to
refer
them
also
to
the
Ecclesiastical
Judicature
.
But
when
,
I
beseech
you
,
Gracious
Sir
,
did
you
ever
hear
,
that
Lay-men
made
themselves
Judges
of
a
Bishop
in
a
Cause
of
Faith
?
No
,
Sir
,
I
cannot
crouch
to
so
mean
a
Flattery
,
as
to
forget
my
Sacerdotal
Trust
,
that
I
should
part
with
it
to
any
other
,
when
God
has
committed
it
to
my
Charge
.
If
a
Bishop
is
to
be
taught
by
a
Laick
,
let
the
Laick
preach
too
.
Believe
me
,
Sir
,
it
is
certain
both
from
the
Holy
Scriptures
,
and
the
practice
of
the
whole
Church
,
that
in
matters
of
Faith
,
Bishops
are
to
guide
Emperors
,
and
not
Emperors
Bishops
.
Execute
,
if
you
please
,
your
late
bloudy
Law
upon
me
,
Ambrose
is
not
so
much
worth
,
that
for
the
sake
of
his
own
poor
self
he
should
prostitute
not
only
his
own
Priest-hood
,
but
the
dignity
of
all
the
Bishops
.
If
there
be
any
Controversy
of
Faith
,
know
,
that
it
is
their
business
to
decide
it
,
as
was
done
under
the
great
Constantine
,
who
prescribed
nothing
to
the
Bishops
,
but
left
them
to
their
own
liberty
of
Judgment
,
and
the
same
was
the
practice
under
his
Son
Constantius
,
thô
what
was
well
begun
,
was
afterward
perverted
.
For
the
Bishops
agreed
upon
an
Orthodox
Faith
,
whil'st
some
few
would
have
the
thing
determin'd
at
Court
,
whereby
they
at
last
imposed
upon
the
Bishops
,
who
as
soon
as
they
understood
the
cheat
,
recall'd
their
Sentence
,
and
ratified
the
Nicene
Faith
.
(
This
has
a
peculiar
reference
to
the
Council
of
Ariminum
.
)
In
short
,
Sir
,
if
Auxentius
desire
a
Council
,
though
it
is
by
no
means
fit
that
so
many
Bishops
should
be
put
to
so
much
trouble
by
the
petulancy
of
one
Man
,
who
though
he
were
an
Angel
from
Heaven
,
ought
not
to
be
regarded
,
if
he
oppose
the
Peace
of
the
Church
,
whenever
a
Council
is
call'd
I
shall
not
absent
my self
.
This
is
the
sum
of
his
resolute
Answer
,
as
far
as
it
concerns
my
Argument
,
where
we
see
that
the
Power
of
Judicature
in
Matters
of
Faith
was
always
own'd
to
be
an
unalienable
Right
in
the
Governors
of
the
Church
,
and
was
never
challenged
by
any
Emperor
before
this
young
Prince
,
who
was
boisterously
thrust
upo●
it
by
the
importunity
of
a
furious
Woman
and
her
Scythian
Priest
.
And
they
having
now
begun
the
Work
,
resolve
to
go
through
with
open
force
,
and
for
that
end
,
procure
a
Law
for
the
ejectment
of
Catholick
Bishops
out
of
their
Churches
,
under
Penalty
of
Death
to
all
those
that
refuse
to
resign
them
,
and
for
the
first
execution
of
it
,
send
a
Party
to
seize
St.
Ambrose
,
and
take
possession
of
his
Church
.
But
the
People
defend
the
Doors
.
The
Officers
command
him
in
the
Emperor's
Name
to
deliver
up
his
Church
and
the
Goods
of
it
.
At
this
the
People
are
afraid
that
he
will
comply
.
No
,
says
he
,
fear
not
that
,
I
cannot
forsake
my
Flock
,
and
deliver
it
up
to
the
Guardianship
of
a
Woolf.
If
they
will
dispossess
me
by
force
,
they
may
carry
away
my
Body
,
but
not
my
Mind
.
I
am
ready
to
submit
to
any
thing
that
the
Imperial
Power
can
inflict
,
but
as
long
as
I
can
,
I
must
and
will
discharge
the
duty
of
my
Priestly
Office
.
Why
then
are
you
troubled
,
I
will
never
willingly
forsake
you
;
if
I
am
forced
,
I
must
not
resist
;
I
can
mourn
and
weep
and
pray
,
my
Tears
are
Arms
against
the
Goths
,
these
are
our
Priestly
Weapons
,
any
other
way
I
neither
ought
nor
can
resist
.
And
as
for
delivering
up
the
Goods
of
the
Church
,
he
tells
the
Officers
,
Gentlemen
,
if
the
Emperor
be
pleased
to
command
any
thing
that
is
my
own
,
I
would
freely
present
him
wi●h
it
:
but
I
can
take
away
nothing
out
of
the
House
of
God
,
nor
give
that
away
which
was
only
intrusted
with
me
to
keep
.
And
being
often
prest
to
a
voluntary
resignation
,
this
was
his
constant
and
peremptory
Answer
,
and
withal
boldly
advising
the
Emperor
to
beware
what
he
did
in
seizing
the
Goods
of
God
,
and
invading
the
Rights
of
the
Church
.
And
thus
things
stood
three
whole
days
;
St.
Ambrose
would
not
deliver
up
his
Church
,
nor
the
Emperor
durst
not
take
it
by
force
.
And
when
the
Courtiers
perswaded
him
to
go
in
Person
and
turn
him
out
,
he
replyed
,
I
thank
you
for
that
,
for
if
Ambrose
should
command
you
to
deliver
me
up
bound
into
his
hands
,
you
would
obey
him
,
and
therefore
for
fear
of
farther
mischief
he
was
forced
to
desist
,
though
by
his
proceeding
so
far
,
he
brought
great
disgrace
upon
himself
,
in
so
much
that
the
Tyrant
Maximus
wrote
a
smart
Letter
to
him
to
upbraid
him
with
the
folly
and
dishonor
of
his
Attempt
;
it
is
very
well
written
,
but
s●mm'd
up
in
this
one
short
saying
,
Periculosè
,
mihi
crede
,
divina
tentantur
.
Believe
me
,
it
is
a
dangerous
thing
,
but
to
touch
the
Ark.
But
this
was
done
in
order
to
his
Invasion
of
Italy
,
to
ingage
the
Orthodox
on
his
side
,
as
if
he
had
taken
up
Arms
to
vindicate
their
Cause
,
for
the
Rescript
of
Valentinian
reacht
not
St.
Ambrose
alone
,
but
all
Churches
under
the
Emperor's
Jurisdiction
,
as
appears
not
only
by
the
Rescript
it self
,
but
by
the
Tyrants
Epistle
.
Audivi
enim
novis
Clementiae
tuae
Edictis
,
Ecclesiis
Catholicis
vim
illatam
fuisse
,
obsideri
in
Basilicis
sacerdotes
,
mulctam
esse
propositam
,
paenam
capitis
adjectam
,
et
legem
sanctissimam
sub
Nomine
nescio
cujus
legis
everti
.
I
am
informed
that
by
some
new
Edicts
of
your
Grace
,
force
has
been
offer'd
to
the
Catholick
Churches
,
that
the
Priests
have
been
besieged
in
their
Cathedrals
,
that
the
punishment
annext
to
the
Law
is
no
less
than
pain
of
Death
,
and
that
the
most
religious
Law
of
the
Empire
is
destroyed
,
under
pretence
of
I
know
not
what
new
Law
of
your
own
.
And
so
the
next
news
we
hear
of
the
Tyrant
,
is
his
declaration
of
open
War
,
by
which
the
young
unadvised
Emperor
being
in
a
great
distress
,
supplicates
St.
Ambrose
to
undertake
an
Ambassy
,
to
disswade
the
Tyrant
from
his
Design
,
which
he
frankly
and
readily
undertakes
,
[
(c)
](A56397-e11840-b)
(c)
Ambros.
l.
5.
Epist.
27.
in
which
Letter
he
gives
an
account
of
his
Embassy
to
the
Emperor
,
and
behaves
himself
in
the
discharge
of
his
trust
with
the
same
liberty
for
his
Master
against
the
Tyrant
,
that
he
had
used
towards
his
Master
for
his
Saviour
,
requires
him
in
the
name
of
God
to
submit
to
his
Soveraign
Lord
the
Emperor
,
and
lays
open
to
his
face
,
all
his
shifts
and
pretences
wherewith
he
would
have
mask't
his
Rebellion
,
with
that
freedom
and
boldness
,
with
that
dexterity
and
quickness
of
Wit
,
as
bafled
the
Tyrant
out
of
all
his
Artifices
,
and
laid
the
Villainy
of
his
Actions
open
to
all
his
Court
,
who
were
present
at
the
Audience
.
And
as
for
all
Bishops
that
had
own'd
communion
with
the
Tyrant
,
he
disown'd
and
defyed
all
communion
with
them
.
And
in
the
conclusion
of
his
Letter
,
advises
the
Emperor
to
beware
of
the
Tyrant
and
his
Practices
,
who
under
specious
Pretences
of
peace
and
friendship
,
would
lye
at
watch
to
work
his
distruction
.
But
the
Emperor
not
satisfied
with
the
effect
of
Ambrose
his
Embassy
,
nor
regarding
his
Advice
,
sends
another
Ambassador
one
Domninus
,
a
very
fine
and
artificial
Courtier
;
that
instead
of
the
roughness
of
St.
Ambrose
,
might
conveigh
himself
in
to
the
Tyrant
by
the
neatness
of
his
Address
;
but
when
Maximus
saw
what
a
pretty
Puppet
he
had
to
manage
,
he
treats
him
with
all
possible
complaisance
,
and
makes
him
giddy
with
kindness
and
flattery
,
[
(*)
](A56397-e11900-b)
(*)
Zosimus
lib.
4.
and
for
a
demonstration
of
his
friendship
to
his
Master
the
Emperor
,
lends
him
part
of
his
Army
to
assist
him
against
the
Barbarians
,
that
at
that
time
infested
Pannonia
,
and
so
by
this
Complement
very
civilly
made
himself
Master
of
all
the
Passages
through
the
Alps
,
which
being
done
,
he
secures
Domninus
with
all
his
Company
,
till
he
past
with
his
whole
Army
into
Italy
.
Upon
which
suddain
surprise
Valentinian
is
forced
to
fly
,
and
gets
to
Thessalonica
,
where
he
sends
to
Theodosius
to
acquaint
him
with
his
forlorn
Condition
and
implore
his
Assistance
.
But
Maximus
meeting
with
no
opposition
sweeps
all
before
him
,
and
indeavors
to
conquer
by
Civility
as
well
as
the
Sword
,
[
(d)
](A56397-e12010-b)
(d)
Ambrose
Ep.
26.
courts
all
Parties
,
grants
liberty
to
all
Religions
,
not
only
Christians
,
but
Jews
and
Heathens
,
and
to
oblige
the
Catholicks
,
that
were
much
the
most
numerous
Party
,
declares
himself
of
their
Communion
,
cancels
the
late
Law
of
Valentinian
against
them
,
and
[
(e)
](A56397-e12050-b)
(e)
See
his
Epistles
in
their
proper
place
in
Labbé
.
courts
Siricius
Bishop
of
Rome
with
wondrous
pangs
of
Sanctity
.
But
on
the
other
side
Theodosius
finding
the
young
Emperor
in
such
miserable
Distress
,
he
makes
all
possible
speed
to
his
Assistance
.
And
this
brings
us
back
to
the
Law
of
Valentinian
against
all
the
Hereticks
,
which
was
enacted
at
this
time
,
for
he
having
so
unfortunately
miscarried
by
the
Importunity
of
his
Mother
in
persecuting
the
Catholicks
with
such
an
hateful
severity
,
and
by
it
given
so
much
advantage
to
the
Tyrant
,
Theodosius
finding
him
in
Macedonia
,
in
the
first
place
,
advises
him
with
speed
to
damn
his
former
Rescript
,
and
in
order
to
his
March
into
Italy
,
to
reconcile
God
and
the
People
to
him
,
to
publish
a
severe
Rescript
[
(f)
](A56397-e12140-b)
(f)
De
Haeret
.
l.
15.
against
all
the
Hereticks
.
The
very
discourse
between
them
is
extant
in
Suidas
in
the
Name
of
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
And
so
Theodosius
marches
against
the
Tyrant
,
overthrows
him
in
a
moment
,
restores
the
Empire
to
the
young
Prince
,
[
(g)
](A56397-e12190-b)
(g)
Sozom.
l.
7.
c.
14.
and
the
young
Prince
to
the
Orthodox
Faith
.
I
have
been
forced
to
take
this
compass
for
the
Explication
of
this
Law
,
because
without
this
Historical
account
of
it
,
its
true
force
and
meaning
could
not
have
been
understood
.
But
in
the
Absence
of
Theodosius
from
Constantinople
,
[
(h)
](A56397-e12250-b)
(h)
Ambros.
Ep.
29.
the
Hereticks
grow
sawcy
,
burn
the
Bishop's
Palace
,
make
Tumults
and
justifie
all
their
disorders
by
a
pretended
Grant
of
the
Emperor
for
Liberty
of
Conscience
in
his
Absence
,
when
he
was
so
far
from
it
,
that
he
would
not
so
much
as
grant
Liberty
of
talk
,
but
he
being
so
far
off
,
they
might
fasten
their
Lies
upon
him
the
more
securely
.
And
here
the
Method
of
talking
the
People
into
Tumults
is
very
accurately
described
by
the
[
(i)
](A56397-e12270-b)
(i)
Soc.
l.
5.
c.
13.
Historian
.
It
is
(
says
he
)
the
natural
Genius
of
some
men
to
fain
Reports
,
and
when
there
is
any
great
Transaction
upon
the
Stage
,
every
man
believes
them
as
himself
is
inclined
,
and
withal
improves
the
Lye
with
some
accessional
Invention
for
the
Advantage
of
his
own
Party
;
and
so
it
was
at
this
time
at
Constantinople
,
there
was
a
great
War
a
great
way
off
,
about
which
every
discontented
man
divulged
his
own
Tale
,
always
hoping
and
presuming
the
issue
of
things
on
the
worst
side
,
and
when
the
War
was
not
so
much
as
begun
,
they
describe
all
its
turns
and
motions
as
accurately
as
if
themselves
had
been
Spectators
of
the
Battel
,
viz.
that
the
Tyrant
had
utterly
routed
the
Emperor's
Army
,
that
such
and
such
numbers
were
slain
on
both
sides
,
and
that
the
Emperor
himself
was
taken
Prisoner
.
Upon
this
the
Arians
,
without
any
more
to
do
,
being
enraged
that
their
Churches
,
that
they
had
so
long
possest
,
should
be
taken
away
from
them
by
those
Men
that
they
had
so
long
persecuted
,
improve
and
aggravate
the
Story
,
and
by
telling
it
with
so
much
assurance
,
perswade
the
first
Authors
of
it
,
that
it
was
really
and
indeed
true
.
So
that
thô
they
received
it
only
by
the
report
that
others
had
raised
,
they
now
make
the
first
Founders
believe
their
own
Lye
,
by
assuring
them
that
it
was
true
of
their
own
knowledge
.
And
upon
this
the
Arian
Rabble
take
Confidence
,
run
into
Tumults
,
and
burn
down
the
Bishop's
Palace
.
This
is
the
natural
way
of
talking
People
into
Confusion
.
But
the
Emperor
being
inform'd
of
these
Disorders
,
at
the
intercession
of
his
Son
Arcadius
,
whom
he
left
there
in
his
absence
,
forgave
the
Tumult
,
though
as
to
their
lying
pretence
of
Liberty
of
Conscience
,
he
publishes
[
(k)
](A56397-e12350-b)
(k)
De
Haeret
.
l.
16.
an
Edict
to
declare
to
all
the
World
that
he
never
granted
any
such
indulgence
,
and
to
command
them
to
be
punisht
according
to
his
known
Laws
.
And
in
the
year
389
,
he
publishes
[
(l)
](A56397-e12370-b)
(l)
l.
17.
a
Rescript
particularly
to
outlaw
the
Eunomians
,
that
were
boldest
of
all
the
Factions
,
by
which
they
were
made
uncapable
either
of
making
their
own
Will
,
or
receiving
any
benefit
from
another's
Will
,
any
manner
of
way
,
directly
or
indirectly
,
by
Trustees
,
or
any
other
Devices
,
but
that
the
Estates
of
all
such
Persons
should
be
immediately
forfeited
to
the
Crown
.
This
Law
has
occasion'd
great
Disputes
among
the
Criticks
and
Lawyers
,
being
particularly
made
against
the
Eunomiani
Spadones
,
the
Eunomian
Eunuchs
,
about
the
meaning
of
which
words
they
cannot
agree
,
and
after
a
great
Variety
of
Conjectures
to
be
seen
in
Gothofred's
Notes
upon
it
,
he
himself
is
confident
that
the
word
is
corrupted
for
Histapodes
,
i.
e.
Men
standing
upon
their
Heads
,
it
being
one
of
the
absurd
Customs
of
that
Sect
,
that
when
they
rebaptized
any
Catholicks
that
Apostatized
to
them
,
to
Baptize
them
with
their
Heads
downwards
,
and
their
Heels
upward
,
whence
they
received
the
Nick-name
of
Histapodes
.
But
it
is
strange
that
we
should
never
hear
of
this
word
but
in
this
Law
,
for
he
brings
no
examples
of
it
,
and
though
there
is
Evidence
of
such
a
Custom
,
yet
there
is
none
of
such
a
Word
,
and
therefore
I
think
there
is
no
need
of
any
such
far-fetcht
Curiosity
,
when
the
words
are
so
intelligible
in
their
natural
sense
against
the
Court-Eunuchs
,
that
had
been
all
along
the
Patrons
of
this
Faction
,
and
so
were
to
be
restrain'd
by
this
Law
of
forfeiture
of
Estates
,
being
generally
Men
of
great
Wealth
;
No
,
says
Gothofred
,
that
was
only
under
Constantius
;
yes
,
say
I
,
they
first
set
up
their
Trade
of
Simony
under
him
,
but
continued
it
in
all
following
Reigns
,
and
did
all
that
Mischief
that
was
brought
upon
the
Church
under
this
Emperor's
Predecessor
Valens
;
and
therefore
for
preventing
this
Disorder
for
the
time
to
come
in
these
great
Courtiers
,
he
forbids
them
to
act
at
all
for
these
Hereticks
under
the
great
Penalty
of
Confiscation
of
their
whole
Estate
.
Or
rather
it
is
most
probable
that
Eunuch
was
become
a
Proverbial
Nick-name
to
the
whole
Party
,
for
the
Trade
between
the
Court
Eunuchs
and
the
Eunomians
was
so
notorious
under
Valens
,
that
it
might
in
just
derision
be
named
the
Eunuchean
Sect.
This
is
,
I
fancy
,
the
most
easie
sense
of
the
words
.
In
the
same
year
he
puts
out
[
(m)
](A56397-e12520-b)
(m)
De
Haeret
.
l.
19.
another
Rescript
to
restrain
the
Meetings
of
all
sorts
of
Hereticks
in
the
City
or
Suburbs
of
Constantinople
,
Gothofred
conjectures
that
the
Suburbs
are
here
added
,
because
Eunomius
being
expell'd
the
City
,
kept
his
Conventicles
there
,
[
(n)
](A56397-e12560-b)
(n)
Lib.
7.
c.
17.
as
Sozomen
informs
us
,
but
that
is
one
of
Sozomen's
Mistakes
,
for
he
was
not
at
that
time
banisht
from
Constantinople
but
Calcedon
.
But
his
Conjectures
why
all
sorts
of
Heresies
and
Errors
ar●
here
named
,
is
more
probable
,
because
at
that
time
[
(o)
](A56397-e12630-b)
(o)
Soc.
l.
5.
c.
20
,
22
,
23.
Sozom.
l.
7.
c.
17.
the
Eunomians
themselves
were
broke
into
several
Factions
and
Animosities
,
though
this
is
not
singular
to
this
Law
,
but
all
the
Laws
of
this
Emperor
run
in
the
same
comprehensive
stile
to
prevent
all
Shifts
and
Evasions
.
In
the
years
392
and
394
,
to
all
the
former
Edicts
and
Penalties
he
publishes
his
Rescripts
against
all
Ordination
by
Hereticks
under
a
severe
Pecuniary
Mulct
upon
the
Persons
both
Ordaining
and
Ordain'd
.
The
same
Law
that
his
Son
Honorius
at
first
executed
against
the
Donatists
,
as
we
have
seen
in
the
History
of
that
Schism
.
The
last
Law
that
he
made
about
these
Matters
,
was
to
abrogate
the
17th
Law
that
disabled
the
Eunomians
from
making
Wills
,
and
as
he
often
,
as
well
as
all
other
Emperors
,
varied
his
Laws
upon
Reasons
of
State
,
so
he
had
now
some
particular
Reason
that
induced
him
to
reverse
this
,
and
what
that
was
,
is
not
to
be
known
but
by
Conjecture
;
he
was
then
departing
to
the
War
against
Eugenius
,
and
so
was
willing
to
leave
all
People
as
easie
and
peaceable
as
he
could
,
especially
the
Courtiers
,
if
the
Law
referr'd
to
them
,
or
the
whole
Party
,
whom
its
severity
had
made
Malecontents
.
And
therefore
this
Indulgence
was
in
a
short
time
after
,
taken
away
by
his
Son
Arcadius
,
this
Emperor
dying
in
his
return
home
,
and
before
he
could
reverse
it
.
But
the
most
usual
reason
of
their
altering
their
Rescripts
,
were
the
various
Tempers
of
their
Ministers
of
State
.
The
former
Laws
were
enacted
when
Tatianus
was
Praefectus
Praetorio
,
a
Vigorous
and
an
Active
and
an
experienced
Man
that
prosecuted
them
with
all
severity
.
But
this
was
made
when
Rufinus
succeeded
to
the
Office
,
who
being
at
his
first
entrance
upon
it
more
wary
,
though
otherwise
of
a
bold
Temper
,
advised
the
Suspension
of
that
severe
Law
for
those
nice
times
,
and
as
soon
as
they
were
over
,
again
advised
its
execution
.
And
thus
this
great
Prince
broke
the
heart
of
the
Faction
by
abetting
the
Sentence
of
the
Church
against
them
with
vigorous
Laws
:
And
that
had
been
sooner
done
,
had
they
been
more
vigorously
executed
by
his
Judges
and
Officers
,
whose
Neglect
or
Connivance
was
the
reason
of
his
so
often
renewing
the
same
Law
.
And
there
indeed
generally
lyes
the
greatest
Miscarriages
of
all
Governments
.
And
of
this
his
Son
Honorius
was
so
convinced
,
both
by
his
Father's
and
his
own
Experience
,
that
he
made
all
his
Laws
effectual
by
annexing
severe
Penalties
upon
their
non-execution
.
§
VII
.
But
beside
these
Laws
to
back
these
new
Decrees
of
the
Church
against
Hereticks
and
Heresies
,
he
enacted
others
by
his
own
Authority
to
rescue
the
Ancient
rules
of
Discipline
,
that
were
grown
obsolete
by
the
abuses
and
corruptions
of
time
.
And
first
he
reduces
the
Order
of
Deaconesses
to
their
Primitive
Institution
,
commanding
in
pursuance
of
the
rule
of
the
Apostles
,
and
Practice
of
the
Primitive
Church
,
[
(p)
](A56397-e12790-b)
(p)
De
Episc.
l.
2●
.
that
none
be
admitted
into
that
Order
under
the
Age
of
Sixty
,
and
that
too
with
several
Limitations
,
that
she
appoint
Curators
or
Trustees
for
her
Children
,
that
she
carry
away
with
her
none
of
the
Plate
or
Jewels
of
the
Family
,
and
that
she
bequeath
nothing
by
Will
to
the
Church
,
Clergy
,
or
Poor
,
though
the
particular
occasion
of
this
Law
was
that
wicked
Fact
that
Sozomen
reports
to
have
been
committed
at
this
time
by
a
Deacon
of
the
Church
of
Constantinople
with
one
of
the
Deaconesses
of
the
same
Church
,
who
had
probably
setled
her
personal
Estate
upon
him
,
not
for
the
Churches
Service
but
her
own
.
And
in
the
same
Rescript
commands
,
That
all
Women
who
shave
their
Hair
upon
pretence
of
Religion
be
cast
out
of
the
Church
,
which
was
done
not
only
in
pursuance
of
the
rule
of
the
Apostle
,
and
the
Canons
of
the
Church
,
particularly
the
Council
of
Gangra
,
that
was
then
taken
into
the
Codex
of
the
Laws
Ecclesiastical
,
but
of
the
Law
of
Nature
it self
to
prevent
the
Confusion
of
Sexes
,
the
distinction
being
chiefly
preserved
by
this
Custom
.
This
Rescript
was
publisht
in
July
,
but
in
September
following
the
Clause
disabling
Deaconesses
to
dispose
of
their
Moveables
by
Will
to
Pious
and
Charitable
Uses
,
is
reverst
,
provided
the
Will
be
made
in
time
of
Health
,
and
not
upon
their
Death-beds
,
when
they
might
be
too
apt
to
be
imposed
upon
by
Superstition
and
the
Frauds
of
Priests
.
At
the
first
Law
[
(q)
](A56397-e12870-b)
(q)
An.
390.
N.
70
,
71.
Baronius
takes
fire
,
as
if
it
were
a
violent
restraint
of
Devotion
to
God
,
and
Charity
to
the
Poor
,
and
an
Abridgement
of
the
Priviledges
of
Holy
Church
,
which
therefore
,
he
says
,
was
soon
cancel'd
by
the
Advice
of
St.
Ambrose
,
that
great
Assertor
of
Ecclesiastical
Liberty
.
But
that
St.
Ambrose
had
any
hand
in
reversing
it
,
we
have
no
Authority
of
any
Historian
that
I
know
of
but
the
Cardinal
himself
.
But
beside
by
his
leave
,
such
restraining
Laws
are
requisite
,
nay
necessary
in
all
Commonwealths
;
for
there
is
nothing
so
Prodigal
as
Superstition
,
and
wherever
there
is
Religion
,
that
will
creep
into
great
numbers
of
the
People
,
and
therefore
it
concerns
the
Government
every
where
,
to
take
care
that
Families
and
the
Publick
be
not
defrauded
by
Prodigal
Zeal
or
under
pretence
of
Devotion
.
And
this
abuse
was
so
early
,
that
when
Constantine
the
Great
made
a
Law
to
the
Citizens
of
Rome
,
to
enable
all
Persons
whatsoever
to
give
by
Will
to
the
Church
,
not
only
what
Legacies
,
but
what
Lands
they
pleased
,
which
was
the
occasion
of
the
great
Wealth
of
that
Church
,
that
[
(r)
](A56397-e12950-b)
(r)
Lib.
2●
▪
c.
3.
as
Am.
Marcellinus
observes
,
was
made
fat
with
the
Offerings
of
Widows
.
This
Liberty
the
succeeding
Emperors
found
such
a
consumptive
profuseness
from
the
Publick
,
that
they
were
forced
to
limit
it
in
some
cases
,
and
in
some
,
to
stop
it
quite
up
.
Valentian
the
Elder
directed
[
(s)
](A56397-e13000-b)
(s)
Dé
Episc.
l.
20
▪
a
Rescript
to
Damasus
Bishop
of
the
City
,
to
be
read
in
all
Churches
under
his
Jurisdiction
,
to
for●id
the
Clergies
acceptance
of
any
Legacies
from
Religious
Women
.
Which
Law
was
variously
censured
by
the
Fathers
themselves
.
St.
Ambrose
[
(t)
](A56397-e13040-b)
(t)
Epist
▪
31.
complains
of
it
as
a
particular
Spite
and
Unkindness
to
the
Church
,
St.
Jerom
approves
of
it
,
as
being
extorted
by
the
Rapaciousness
of
the
Clergy
.
But
it
continued
in
force
till
it
was
by
name
abrogated
by
the
Emperor
Marcian
[
(u)
](A56397-e13070-b)
(u)
Marciani
Novella
5.
as
too
rigid
and
severe
a
restraint
of
Pious
Uses
,
and
an
entire
Liberty
granted
to
all
Widows
and
Religious
Women
to
dispose
of
their
own
Estates
according
to
the
old
Constantinian
Law
.
Justinian
[
(w)
](A56397-e13110-b)
(w)
De
Testam
.
l.
48.
limited
the
sense
of
it
,
so
as
that
it
should
not
extend
to
the
wrongful
disinheriting
of
Children
,
because
,
he
says
,
when
Princes
grant
such
Liberties
,
they
cannot
be
supposed
to
grant
any
thing
contrary
to
the
Law
of
Nature
and
the
known
Custom
of
the
Empire
,
and
therefore
the
Right
of
Inheritance
belonging
by
both
to
the
Children
or
Kindred
of
the
Family
,
if
the
Alienation
from
them
by
such
Gifts
be
apparent
,
the
Government
ought
to
stop
it
,
and
not
suffer
the
Subjects
civil
Rights
to
be
defrauded
by
their
too
religious
bounty
,
so
that
these
Imperial
Concessions
are
to
be
limited
to
such
cases
only
,
in
which
no
other
Person
is
wrong'd
,
but
if
any
be
so
,
that
anticipates
the
Grant
.
And
in
truth
this
Imposture
(
and
so
it
is
,
when
it
is
imposed
by
the
Artifice
of
the
Priests
upon
the
Folly
of
the
People
,
(
grew
so
exorbitant
in
the
times
of
Superstition
,
that
almost
all
the
States
of
Christendom
were
forced
to
make
Statutes
of
Mortmain
,
as
well
as
we
in
England
,
and
it
was
such
a
Law
,
that
was
the
ground
of
that
famous
Quarrel
between
Paul
the
Fifth
and
the
Venetians
.
But
though
former
Ages
were
so
wise
as
to
stay
their
hand
when
they
supposed
the
Church
had
enough
for
it self
and
the
Poor
(
for
in
those
days
they
were
no
Parish
Charge
,
but
were
the
care
of
the
Church
)
yet
they
were
never
so
Prophane
and
Sacrilegious
,
as
to
Strip
and
Plunder
her
,
when
they
were
pleased
to
imagine
that
she
had
too
much
.
That
is
the
peculiar
Glory
of
our
last
worthy
Age
of
Reformation
,
when
some
great
Pretenders
swept
away
its
Abuses
and
Revenues
together
.
Reforming
Rectories
,
that
were
a
competent
maintenance
for
Men
of
Education
,
into
Vicaredges
,
the
meanness
of
whose
Revenues
cannot
but
expose
the
poor
Incumbents
to
the
contempt
of
the
People
;
for
be
the
Men
what
they
will
,
or
do
they
what
they
can
,
not
only
the
Common
People
,
but
all
men
,
will
trample
upon
their
Poverty
.
And
when
all
is
done
,
that
is
the
true
ground
of
the
contempt
of
the
Clergy
:
Though
there
are
many
more
Reasons
for
it
,
as
the
Prophaneness
of
the
Age
,
and
contempt
of
the
Function
it self
,
though
that
in
a
great
measure
first
comes
from
the
contempt
of
the
Men
and
their
Poverty
:
The
wicked
licentiousness
of
the
Schismaticks
in
venting
perpetual
Lies
and
Calumnies
against
all
Men
that
are
truly
honest
for
the
Church
:
yet
the
bottom
of
all
other
Contempts
,
and
that
which
will
make
them
everlasting
,
is
this
Remediless
Poverty
.
And
it
is
to
be
fear'd
that
the
curse
of
God
has
,
and
does
hang
very
heavy
over
this
Nation
for
this
wrong
done
to
himself
,
and
I
doubt
will
never
be
removed
,
till
some
Publick
●●re
be
taken
to
make
him
some
competent
Restitution
;
for
if
there
be
any
one
Sin
punisht
with
signal
and
remarkable
Judgments
from
Heaven
,
't
is
this
daring
Sin
of
National
Sacriledge
,
of
which
I
shall
give
the
peculiar
Reason
,
when
I
come
to
shew
the
high
Obligation
that
is
laid
by
God
upon
all
Christian
States
to
endow
the
Church
with
setled
Revenues
,
which
is
so
great
,
that
without
it
,
they
cease
to
be
Christian
States
.
But
to
return
to
the
Series
of
the
History
,
as
this
Prince
reform'd
by
himself
the
abuse
of
Widows
and
Deaconesses
,
so
did
he
correct
the
disorders
of
Monks
,
or
the
Professors
of
solitary
life
(
for
the
first
Monks
were
properly
Hermites
)
and
enlarge
or
contract
their
Priviledges
according
to
his
own
Will
or
Pleasure
,
or
according
to
the
Temper
of
the
Times
.
Thus
whereas
it
had
been
an
old
Custom
indulged
them
,
to
intercede
with
the
Emperors
Judges
for
Mercy
to
Criminals
and
Malefactors
,
they
grew
so
bold
and
insolent
as
to
besiege
the
Courts
,
raise
Tumults
,
and
obstruct
the
whole
course
of
Justice
,
of
which
Disorders
complaint
being
made
by
the
Judges
,
he
Publishes
[
(x)
](A56397-e13170-b)
(x)
De
M●nachis
,
l.
1.
a
Rescript
to
Command
them
from
all
Cities
into
their
Solitudes
.
And
two
years
after
,
either
upon
change
of
Mind
,
or
change
of
Affairs
,
or
change
of
Councils
,
he
cancels
it
.
A
very
frequent
thing
that
,
with
all
Princes
to
alter
their
Laws
of
Privilege
,
as
the
conveniences
of
things
alter'd
.
So
the
Emperor
Valens
,
when
great
numbers
of
Men
left
their
civil
Employments
to
herd
among
the
Monks
for
ease
and
idleness
,
[
(y)
](A56397-e13200-b)
(y)
De
D
curionibus
l.
63.
ferrets
them
back
to
their
business
under
pain
of
forfeiture
of
Goods
and
Chattels
.
And
so
when
Constantine
the
Great
had
granted
great
Immunities
to
the
Clergy
,
and
Exemptions
from
Publick
Burthens
,
great
Multitudes
quitted
their
Stations
in
the
Common-wealth
to
enjoy
the
Privileges
of
the
Church
,
[
(z)
](A56397-e13230-b)
(z)
De
Episc.
l.
3.6
.
this
forced
him
to
enact
a
Rescript
forbidding
the
admission
of
Civil
and
Military
Officers
into
Holy
Orders
,
lest
under
Pretence
of
Religion
,
the
Service
of
the
State
be
starved
and
defrauded
.
And
there
are
no
less
than
16
Laws
in
the
Theodosian
Code
against
this
abuse
of
Clericatus
,
as
they
stile
it
,
they
may
be
seen
all
together
at
one
View
in
Gothofred's
Paratitlon
to
the
Title
De
Decurionibus
.
But
the
most
observable
Act
of
Reformation
is
his
Law
to
restrain
the
abuse
of
Ecclesiastical
immunity
,
or
the
Sanctuary
of
Christian
Churches
,
where
all
sorts
of
Persons
that
escaped
to
them
,
were
protected
by
the
Clergy
against
the
Execution
of
the
Law
,
and
they
were
grown
so
bold
in
the
abuse
of
that
Privilege
,
that
they
would
not
deliver
them
up
till
they
had
sued
out
their
Pardon
,
Cod.
Tit.
45.
De
bis
qui
ad
Eccles.
conf●g
.
l.
1.
and
therefore
this
Emperor
strictly
forbids
them
to
receive
or
conceal
any
Debtors
,
especially
those
of
the
Crown
,
upon
penalty
of
paying
the
Debt
themselves
.
This
was
the
first
Law
that
was
made
of
this
kind
,
though
the
following
Emperors
were
very
quick-sighted
in
watching
this
abuse
.
For
as
such
Customs
naturally
spring
up
of
themselves
from
that
respect
that
all
Men
have
to
their
Religion
,
and
therefore
this
right
of
Sanctuary
was
common
to
all
Religions
in
the
World
,
so
having
Superstition
to
back
it
,
it
as
naturally
runs
into
abuse
to
the
subversion
of
Justice
and
Honesty
,
when
under
pretence
of
Mercy
and
Humanity
,
ill
Men
were
shelter'd
against
the
Laws
,
and
honest
Men
cheated
of
their
Rights
;
for
I
do
not
find
any
case
in
which
it
was
at
this
time
excepted
,
but
only
Treason
,
and
therefore
it
was
often
requisite
to
give
check
to
its
Licentiousness
,
as
Theodosius
here
does
in
the
Christian
Church
,
Tacit.
Annal.
lib.
3.
and
Tiberius
was
forced
to
do
as
to
the
Heathen
Asyla
.
§
.
VIII
.
But
beside
these
Laws
made
to
abet
the
Laws
of
the
Church
,
he
made
divers
relating
to
Matters
of
Religion
,
which
though
they
concern'd
the
Church
,
concern'd
the
State
more
,
and
therefore
by
vertue
of
that
Authority
,
that
he
enjoyed
as
a
Soveraign
Prince
antecedently
to
the
Institution
of
Christianity
,
he
made
these
Laws
meerly
by
his
own
Imperial
Authority
,
without
consulting
the
Church
,
for
the
Security
of
the
Empire
.
And
among
these
,
the
most
remarkable
,
were
the
Laws
against
the
Manichees
,
who
thô
they
pretended
to
the
Name
of
Christians
,
under
that
pretence
,
warranted
the
Practice
of
all
manner
of
Wickedness
and
Debauchery
,
and
therefore
were
prosecuted
by
the
Emperors
of
all
Principles
,
as
the
common
Enemies
of
the
Peace
of
Mankind
,
but
most
severely
by
this
Great
and
Wise
Prince
.
Though
before
him
[
(a)
](A56397-e13420-b)
(a)
De
Haeret
.
l.
3.
Valentinian
the
Elder
,
when
he
allowed
Liberty
to
all
other
Sects
,
Christi●●s
,
Jews
,
and
Heathens
,
by
which
he
embroil'd
and
endanger'd
the
Empire
,
enacted
against
their
Meetings
with
all
manner
of
severity
,
as
a
debaucht
sort
of
People
,
not
to
be
endured
in
humane
Society
.
Or
as
Theodosius
the
younger
expresses
it
in
his
Rescript
[
(†)
](A56397-e13460-b)
(†)
De
Haeret
.
l.
65.
against
all
sorts
of
Hereticks
,
in
which
the
Manichees
are
named
in
the
last
place
with
this
particular
severe
Character
,
Et
qui
ad
imam
usque
scelerum
nequitiam
pervenerunt
Manichaei
,
as
the
very
dregs
of
all
Wickedness
.
[
(b)
](A56397-e13500-b)
(b)
De
Haeret
.
l.
7.9.11.18.20
.
And
therefore
they
are
from
time
to
time
outlawed
by
Theodosius
from
all
civil
Rights
;
and
as
for
their
Religion
,
[
(c)
](A56397-e13530-b)
(c)
De
Apoatis
l.
3.
they
are
thrust
down
into
the
Catalogue
of
Apostates
from
the
Christian
Faith
,
and
reckoned
in
the
same
rank
with
Jews
and
Heathens
,
and
that
was
a
Civility
to
Men
,
that
were
Apostates
from
humane
Nature
.
Now
as
to
such
Laws
as
these
,
it
is
evident
,
that
the
Soveraign
Power
is
enabled
to
enact
them
in
both
Capacities
,
both
as
a
Sovereign
,
and
as
a
Christian
Sovereign
;
and
therefore
because
it
belong'd
to
him
to
punish
all
Principles
and
Practices
of
Debauchery
,
antecedently
to
his
Christianity
,
he
for
that
reason
proceeded
against
them
without
any
consulting
with
the
Church
,
and
that
is
the
apparent
reason
why
the
Laws
of
the
Empire
against
this
debaucht
Sect
of
Men
are
enacted
purely
by
the
Imperial
Authority
;
whereas
all
their
.
Laws
concerning
Matters
of
Christian
Faith
or
Discipline
,
still
warrant
themselves
by
the
Judgment
and
Advice
of
the
Church
.
But
beside
these
Laws
against
these
humane
Beasts
,
he
enacted
divers
other
Laws
against
Apostates
,
Pagans
,
and
Jews
,
by
his
own
Imperial
Authority
.
His
[
(d)
](A56397-e13560-b)
(d)
De
Apostatis
l.
1.
first
Rescript
against
Apostates
to
Paganism
was
published
in
the
year
381
,
and
it
was
the
first
,
that
was
ever
publisht
against
them
.
For
under
Constantine
and
Constantius
vast
numbers
of
Heathens
turn'd
or
pretended
to
turn
Christians
for
a
very
obvious
reason
,
as
too
much
appears
through
the
whole
train
of
the
Story
:
And
the
same
Men
under
Julian
turn'd
Heathens
again
,
and
so
had
the
Liberty
to
continue
under
Valentinian
the
Moderate
;
so
that
this
was
the
first
Emperor
that
had
occasion
to
give
check
to
the
Sin
of
Apostacy
.
And
indeed
he
alone
,
had
Power
to
do
it
at
that
time
;
for
when
they
turn'd
Apostates
,
they
were
out
of
the
Churches
reach
,
because
the
utmost
Punishment
that
the
Church
can
inflict
,
is
to
cast
them
out
of
its
Communion
,
which
is
here
done
by
the
Crime
it self
.
And
therefore
such
rank
Offenders
,
are
only
obnoxious
to
the
Civil
Powers
,
for
which
reason
,
Christian
Princes
were
usually
the
more
severe
in
their
Penalties
against
them
,
and
here
the
Penalty
is
,
as
the
Lawyers
Phrase
it
,
Intestability
,
or
disabling
the
Offenders
from
the
Power
of
making
a
Will
,
which
was
under
that
Government
in
a
great
measure
to
outlaw
them
,
or
as
it
is
express't
in
the
next
Law
,
ut
sint
absque
Jure
Romano
,
to
deprive
them
of
the
Roman
Rights
and
Liberties
,
of
which
this
was
the
greatest
branch
.
For
,
in
the
Roman
Empire
there
was
no
settled
Inheritance
of
Estates
,
but
every
man
disposed
of
his
own
as
he
pleased
,
by
Will
;
so
that
to
deprive
him
of
this
Power
,
was
in
a
great
measure
to
dispossess
him
of
the
Power
over
his
own
Estate
.
And
that
was
the
proper
Proportion
of
the
Penalty
to
the
Crime
,
that
whoever
cast
himself
out
of
the
Christian
Church
,
should
be
cast
out
of
the
Christian
Empire
too
.
[
(e)
](A56397-e13670-b)
(e)
De
Haeret
.
l.
2.
In
the
year
383
,
he
publishes
another
Rescript
against
Apostates
;
and
in
that
distinguishes
between
Catechumenes
and
Christians
baptized
,
and
limits
the
Penalty
of
the
former
Law
to
the
latter
sort
of
Offenders
,
because
they
alone
,
were
properly
to
be
accounted
Christians
,
whereas
the
Catechumenes
were
not
as
yet
admitted
into
the
Society
of
the
Christian
Church
,
but
were
only
Candidates
for
it
,
and
so
they
could
not
in
any
sense
,
be
term'd
Apostates
from
the
Church
,
who
were
really
never
of
it
.
And
at
the
same
time
,
that
Theodosius
publisht
this
Rescript
in
the
East
,
[
(f)
](A56397-e13700-b)
(f)
De
Haeret
.
l.
3
,
4
,
5.
Valentinian
publisht
another
in
the
West
,
against
all
sorts
of
Apostates
,
not
only
to
Paganism
,
but
Manicheism
,
and
Judaism
.
Which
he
reinforced
[
(g)
](A56397-e13730-b)
(g)
Qui
sanctum
baptisma
prophan
.
in
the
year
391
,
limiting
the
meaning
of
the
Law
to
the
Christians
baptized
,
after
the
example
of
Theodosius
,
by
whom
he
was
entirely
govern'd
in
all
things
,
(
who
indeed
was
so
grateful
to
the
Prince
that
advanced
him
to
the
royal
Dignity
,
that
whil'st
he
lived
,
he
was
a
kind
and
tender
Father
to
his
Son
.
)
but
as
he
mitigated
the
Law
by
restraining
its
extent
,
so
he
enhanced
its
severity
by
doubling
its
Penalties
,
deposing
the
Apostate
from
all
Honours
and
Dignities
,
as
well
as
depriving
him
of
the
Power
over
his
own
Estate
,
and
this
without
any
hopes
of
Restitution
upon
Repentance
,
Sed
nec
unquam
in
statum
pristinum
revertentur
;
non
flagitium
morum
obliterabitur
poenitentiâ
,
neque
umbrâ
aliquâ
exquisitae
def●nsionis
,
aut
Munimini●
obducetur
.
But
to
return
to
Theodosius
;
at
the
same
time
that
he
restrain'd
Apostacy
by
his
own
Imperial
Authority
,
without
any
concurrence
of
the
Power
of
the
Church
,
so
did
he
by
the
same
Power
make
severe
Laws
against
Paganism
it self
.
[
(h)
](A56397-e13790-b)
(h)
De
Paganis
,
l.
7.
His
first
Law
against
their
Sacrifices
bears
date
the
same
year
,
and
Gothofred
thinks
it
the
first
that
was
made
since
the
time
of
Constantius
,
which
is
the
Interval
of
25
years
;
and
yet
he
could
not
be
ignorant
that
even
Valentinian
the
Elder
made
a
severe
Law
against
their
Night
Sacrifices
;
and
therefore
I
suppose
the
Learned
Lawyers
meaning
is
,
that
this
was
the
first
Law
that
was
made
in
all
this
time
against
all
Heathen
Worship
in
general
;
[
(i)
](A56397-e13840-b)
(i)
De
Maleficis
,
l.
7.
and
so
it
was
,
for
there
is
no
other
beside
that
particular
Law
of
Valentinian
against
the
Night
Sacrifices
.
And
though
Gratian
shewed
not
a
little
displeasure
at
Rome
against
their
Idolatry
by
overthrowing
some
of
their
Altars
,
yet
he
enacted
no
Laws
against
it
;
whereas
this
great
and
pious
Prince
,
is
resolutely
bent
upon
its
utter
Extirpation
,
and
therefore
forbids
all
Heathen
Rites
whatsoever
under
pain
of
Proscription
.
But
having
taken
away
their
Sacrifices
,
he
thought
good
to
preserve
their
Temples
,
and
convert
them
to
some
other
publick
Use
,
and
to
this
end
,
[
(k)
](A56397-e13890-b)
(k)
De
pag.
l.
8.
he
writes
the
next
year
to
Palladius
,
injoyning
them
to
let
the
Temple
of
Edessa
lye
open
to
the
common
use
of
the
People
,
in
the
Nature
of
an
Exchange
or
a
Guildhall
,
but
to
be
watchful
that
no
Sacrifices
be
privately
offer'd
in
it
,
and
withal
to
be
careful
of
preserving
the
Images
wherewith
it
was
adorn'd
,
for
the
sake
of
their
Art
and
Beauty
,
like
the
Gyants
and
Judges
in
Guildhall
.
In
the
year
385
he
renews
[
(l)
](A56397-e13950-b)
(l)
De
Pag.
l.
9.
his
Law
against
Sacrifices
upon
pain
of
Death
▪
In
the
year
391
Valentinian
by
his
Advice
,
who
was
then
with
him
at
Milan
,
Publishes
[
(m)
](A56397-e13990-b)
(m)
Ibid.
l.
10.
a
Rescript
both
against
Sacrifices
,
Temples
,
and
Images
under
a
great
pecuniary
Mulct
.
And
himself
at
the
same
time
Publishes
the
same
Decree
[
(n)
](A56397-e14010-b)
(n)
Ibid.
l.
11.
upon
Pain
of
Death
,
by
which
was
occasion'd
the
utter
Destruction
of
the
Famous
and
Ancient
Temple
of
Serapis
.
And
in
the
year
392
he
seals
up
all
,
with
[
(o)
](A56397-e14040-b)
(o)
Ibid.
l.
12.
a
peremptory
Rescript
against
all
the
particular
Rites
of
the
Gentile
Worship
.
And
lastly
,
as
for
the
Jews
,
he
by
the
same
Imperial
Authority
without
the
concurrence
of
the
Church
,
made
some
Laws
in
their
favour
,
to
protect
and
defend
them
in
their
Privileges
.
For
all
the
Emperors
had
all
along
indulged
them
the
exercise
of
Discipline
among
themselves
,
by
the
Power
of
Excommunication
:
which
was
chiefly
put
in
Execution
by
their
Primates
or
Patriarchs
,
that
presided
over
all
the
Synagogues
within
a
Province
,
after
the
same
manner
as
Metropolitans
do
over
all
the
Churches
.
These
were
the
Supreme
Judges
of
Scandals
and
Offences
,
and
beyond
them
,
there
lay
no
appeal
to
any
other
Courts
.
But
it
seems
some
of
the
Emperors
,
Judges
,
and
Officers
(
and
it
is
much
more
easie
to
bank
out
the
Sea
,
than
the
covetous
Encroachments
of
this
sort
of
Men
)
had
broke
in
upon
their
Privileges
,
and
usurpt
a
Power
to
themselves
of
commanding
the
restitution
of
ejected
Persons
.
But
to
restrain
this
disingenuous
Abuse
and
Subversion
of
their
Discipline
,
the
Emperor
Publishes
[
(p)
](A56397-e14070-b)
(p)
De
Judais
,
l.
8.
a
Rescript
to
all
his
Officers
,
commanding
them
not
to
controul
the
Decrees
of
the
Primates
and
Patriarchs
,
who
were
by
the
Imperial
Law
permitted
to
be
the
sole
Judges
in
Matters
of
their
Religion
.
And
this
was
no
more
than
a
just
and
reasonable
Civility
after
the
grant
of
Discipline
and
Jurisdiction
among
themselves
:
for
that
could
be
of
no
Effect
,
if
once
Offenders
might
gain
Liberty
to
appeal
to
foreign
Judicatures
.
And
because
the
Jews
had
never
been
forbidden
the
exercise
of
their
Religion
by
any
Law
,
and
yet
were
at
that
time
disturbed
in
some
Parts
in
the
East
by
some
over-zealous
Christians
,
to
the
spoiling
and
destruction
of
their
Synagogues
,
he
writes
to
the
Governor
to
restrain
these
Disorders
with
all
possible
severity
.
And
this
was
the
occasion
of
that
hot
Contest
between
the
Emperor
and
St.
Ambrose
,
when
he
enjoyn'd
the
Bishop
of
the
place
to
rebuild
the
Synagogue
,
because
he
had
encouraged
the
People
to
pull
it
down
.
In
which
matter
I
cannot
but
think
St.
Ambrose
was
more
busie
and
zealous
than
became
him
,
[
(q)
](A56397-e14110-b)
(q)
Lib.
5.
Epist.
29.
(
as
Men
of
great
Spirits
are
apt
to
over-do
)
For
what
the
Emperor
enacted
in
the
case
,
was
only
as
Vindex
disciplinae
Publicae
.
When
the
Imperial
Laws
had
given
the
Jews
Liberty
,
who
had
Power
to
take
it
away
,
but
the
Power
that
granted
it
?
And
therefore
if
any
of
the
Christians
in
a
violent
and
tumultuary
way
,
took
to
themselves
the
liberty
of
demolishing
them
contrary
to
the
Imperial
Charter
,
they
stood
guilty
of
a
Scandalous
Riot
,
both
against
the
Laws
of
the
Empire
and
the
Sovereignty
of
the
Emperor
.
And
whether
the
Government
did
well
or
ill
in
granting
the
Liberty
,
the
Subjects
had
no
Authority
to
controul
it
.
They
might
have
addrest
to
his
Imperial
Majesty
,
humbly
representing
the
inconveniences
of
that
liberty
in
that
place
,
which
had
they
done
,
it
is
not
to
be
doubted
,
but
this
great
and
pious
Prince
,
would
have
given
them
both
a
wise
and
an
obliging
Answer
.
But
when
in
a
popular
Tumult
and
out
of
intemperate
zeal
,
they
shall
presume
to
take
a
liberty
to
themselves
by
force
to
controul
the
gracious
Concessions
of
their
Prince
,
I
think
(
by
the
good
Fathers
leave
)
that
they
deserved
a
more
severe
correction
,
then
their
Prince
in
his
great
Clemency
was
pleased
to
inflict
upon
them
.
§
.
IX
.
Having
represented
in
one
view
the
Laws
of
this
great
and
wise
Prince
in
Ecclesiastical
Matters
;
we
may
now
proceed
to
the
remainder
of
the
History
of
the
Church
under
his
Reign
in
the
several
Parts
of
the
Empire
.
And
the
most
remarkable
transaction
next
after
the
great
Council
of
Constantinople
,
in
which
the
Arian
Heresy
with
all
its
Branches
and
Of-sets
were
for
ever
lopt
off
from
the
Body
of
the
Christian
Church
,
was
the
Council
of
Aquileia
summon'd
the
same
year
,
viz.
Anno
Dom.
381.
consisting
of
Italian
,
French
,
African
and
Pannonian
Bishops
,
that
acted
in
the
capacity
of
Legates
from
their
several
respective
Provinces
.
This
Council
was
convened
by
the
Emperor
Gratian
in
the
West
,
as
the
Council
of
Constantinople
was
by
Theodosius
in
the
East
,
two
Months
after
its
breaking
up
,
which
was
at
the
end
of
July
,
and
the
meeting
of
this
,
at
the
beginning
of
September
.
The
occasion
of
it
was
this
,
Some
of
the
Hereticks
of
the
Arian
spawn
,
presuming
upon
the
favor
and
patronage
of
the
Empress
Justina
,
complain
to
the
Emperor
of
their
unjust
condemnation
for
the
Arian
Heresy
,
and
petition
to
purge
themselves
in
a
general
Council
.
This
was
vehemently
opposed
by
St.
Ambrose
,
as
an
unreasonable
thing
,
that
all
the
Bishops
of
Christendom
should
be
perp●tually
forced
to
leave
their
Churches
only
to
satify
the
curiosity
,
or
(
as
he
calls
it
)
the
scabbedness
of
two
or
three
Men.
But
the
Queens
importunity
overcomes
the
Emperor
so
far
,
as
to
prevail
with
him
for
a
Council
,
which
yet
he
summons
with
that
moderation
,
as
to
leave
all
the
foreign
Bishops
at
their
own
liberty
to
come
or
not
.
Which
civility
all
the
Bishops
of
the
Western
Church
use
with
that
respect
,
as
to
send
their
Legates
and
Representatives
,
and
as
for
the
Eastern
Bishops
,
they
inform
his
Majesty
,
that
they
had
but
just
before
assembled
about
the
same
Matter
,
and
given
in
their
peremptory
determination
.
The
Council
being
met
,
Palladius
and
Secundianus
two
Bishops
that
had
been
censured
for
the
Heresy
,
together
with
Attalus
a
Presbyter
appear
:
and
for
clearing
their
innocence
,
they
are
required
to
condemn
the
Position
of
Arius
,
that
the
Father
alone
is
Eternal
.
This
they
refuse
,
but
this
alone
will
satisfy
,
they
must
either
subscribe
his
condemnation
or
submit
to
it
.
But
they
refuse
both
,
and
appeal
to
a
General
Council
,
but
they
are
answer'd
,
That
it
is
needless
that
all
the
Bishops
of
the
Christian
World
should
be
forced
to
such
tedious
Journeys
,
to
censure
Men
that
had
been
already
so
often
condemn'd
in
so
many
Councils
.
And
withal
,
that
this
was
a
General
Council
,
all
the
Bishops
being
acquainted
with
it
,
who
might
have
come
if
they
pleased
,
that
the
Eastern
Church
had
already
given
judgment
against
them
in
the
Council
of
Constantinople
,
and
that
all
the
Western
Bishops
were
present
in
this
Council
,
either
in
Person
or
by
their
Legates
.
Then
after
a
thousand
other
Tergiversations
,
they
move
for
secular
Judges
and
Moderators
,
the
constant
sanctuary
of
the
Faction
,
and
probably
the
Queen
and
the
Eunuchs
had
packt
an
Ignoramus
Jury
for
them
.
But
here
St.
Ambrose
takes
him
up
roundly
,
and
throws
off
all
farther
patience
.
Et
si
in
multis
impietatibus
deprehensus
sit
,
erubescimus
tamen
,
ut
videatur
,
qui
sacerdotium
sibi
vendicat
,
à
Laicis
esse
damnatus
.
Ac
per
hoc
,
quoniam
in
hoc
ipso
damnandus
est
,
qui
Laicorum
expectat
sententiam
,
cum
magis
de
Laicis
Sacerdotes
debeant
judicare
,
juxta
ea
quae
hodie
audivimus
Palladium
profitentem
,
&
juxta
ea
,
quae
condemnare
nolvit
,
pronuncio
illum
sacerdotio
indignum
&
carendum
,
&
in
loco
ejus
Catholicus
ordinetur
.
Although
he
be
convicted
of
many
Crimes
,
yet
it
puts
us
to
confusion
,
that
one
who
pretends
to
the
Priestly
Office
,
should
choose
to
submit
himself
to
the
judgment
of
Laicks
.
For
which
alone
he
ought
to
be
condemn'd
,
when
as
in
such
Matters
as
these
,
it
is
the
peculiar
Office
of
the
Priest-hood
to
judg
of
Laymen
,
but
these
have
no
Authority
to
judg
of
them
,
and
therefore
according
to
this
Profession
of
Palladius
this
day
,
and
his
refusal
to
condemn
the
Heresy
,
I
pronounce
him
unworthy
of
the
Priesthood
,
to
be
deprived
,
and
a
Catholick
Bishop
to
be
placed
in
his
stead
.
Which
sentence
against
him
and
his
Accomplices
being
ratified
by
the
Council
,
they
broke
up
,
and
acquaint
the
Emperor
with
the
Result
of
their
Proceedings
.
First
thanking
him
for
the
gentleness
of
his
Summons
.
Vt
nemo
de
esset
volens
,
nemo
cogeretur
invitus
.
Quâm
grave
autem
si
propter
duos
in
side
cariosos
,
toto
in
orbe
essent
Ecclesiae
sacerdotibus
destitutae
?
Qui
etiamsi
venire
propter
itineris
prolixitatem
nequiverunt
,
tamen
omnes
prope
ex
omnibus
provinciis
occidentalibus
,
missis
adfuere
legatis
.
That
no
body
might
be
absent
but
by
his
own
Will
,
no
body
might
be
forced
against
his
Will.
What
an
hard
thing
is
it
,
that
all
the
Churches
in
the
World
should
be
deprived
of
their
Priests
for
two
or
thre
worm-eaten
Hereticks
?
who
though
they
could
not
come
by
reason
of
the
tediousness
of
the
Journey
,
yet
almost
all
the
Bishops
of
the
Western
Provinces
were
present
by
their
Legates
.
And
secondly
they
acquaint
him
with
the
reason
of
their
beginning
with
the
Epistle
of
Arius
.
Eà
videlicet
gratiâ
,
ut
quoniam
Arianos
se
negare
consueverant
,
Arii
blasphemiam
aut
incusando
damnarent
,
aut
astruendo
defenderent
,
aut
certè
non
recusarent
nomen
ejus
,
cujus
impietatem
perfidiamque
sequerentur
.
For
this
reason
,
that
seeing
they
denyed
themselves
to
be
Arians
,
they
should
be
forced
either
to
condemn
the
Blasphemy
or
to
own
it
,
and
not
refuse
to
be
call'd
after
his
Name
,
whom
they
followed
in
his
Impiety
.
That
was
the
state
of
things
all
along
,
that
though
they
were
Arians
,
they
would
not
own
it
.
Thirdly
they
petition
that
he
would
be
pleased
to
give
Orders
to
his
Officers
to
turn
the
Hereticks
out
of
their
Churches
.
And
lastly
,
thank
him
for
his
[
(r)
](A56397-e14500-b)
(r)
De
Haeret
.
l.
6.
late
Law
against
the
Meetings
of
the
Photinians
,
and
inform
him
of
one
at
Sirmium
,
with
a
request
that
he
would
break
it
up
.
Beside
this
,
they
write
two
other
Letters
to
the
Emperors
to
petition
their
assistance
towards
quenching
the
Schisms
on
foot
at
that
time
at
Rome
,
Alexandria
and
Antioch
,
that
as
Truth
was
,
so
Peace
might
be
restored
to
the
Church
.
Equidem
per
occidentales
partes
duobus
in
Angulis
tantùm
,
hoc
est
in
latere
Daciae
Ripensis
ac
Maesiae
fidei
obstrepi
videbatur
.
In
Orientalibus
partibus
cognovimus
quidem
,
summo
gaudio
atque
laetitiâ
ejectis
Arianis
,
qui
ecclesias
violenter
invaserant
,
sacra
Dei
Templa
per
solos
Catholicos
frequentari
.
In
the
Western
Church
we
found
not
above
two
obscure
Bishops
in
the
remote
Corners
of
the
Empire
that
opposed
the
Faith
,
in
the
Eastern
Church
all
the
intruding
Arians
were
ejected
,
and
the
Churches
fill'd
with
none
but
Catholicks
.
And
thus
we
see
from
reign
to
reign
,
that
the
Heresy
could
never
lift
up
its
Head
after
the
Nicene
Council
,
and
it
was
so
far
from
overspreading
the
World
at
this
time
,
that
there
were
but
two
Bishops
in
all
the
Western
Church
that
were
tainted
with
it
,
and
though
there
were
some
more
in
the
East
,
yet
they
were
Intruders
,
such
as
came
in
by
Violence
and
Court-Power
,
as
we
have
seen
through
the
whole
Series
of
the
Story
.
But
as
for
the
Schisms
in
the
three
great
Sees
,
that
the
Council
Petitions
the
Emperors
to
remove
,
they
were
at
that
time
of
a
very
fatal
and
pernicious
influence
over
the
whole
Catholick
Church
,
and
therefore
that
I
may
satisfie
the
Reader
with
a
compleat
History
of
all
passages
in
this
remarkable
Reign
,
I
shall
as
briefly
as
I
can
,
give
a
full
and
comprehensive
Relation
of
them
.
As
for
the
Schism
at
Rome
,
it
was
kept
up
against
Damasus
by
Vrsicinus
,
whose
restless
Spirit
for
a
long
time
employed
all
the
Power
both
of
Church
and
State
to
suppress
it
.
The
Occasion
of
it
was
this
,
At
the
Death
of
Liberius
,
there
were
two
Parties
in
the
Church
of
Rome
;
his
own
,
and
the
Party
of
Foelix
,
that
had
been
substituted
in
his
room
by
Constantius
in
the
time
of
his
Banishment
,
and
that
was
the
bottom
of
this
Schism
,
one
Party
choosing
Damasus
,
V.
Labbé
,
Vol.
2.
Anno
381.
p.
1001.
that
the
Letter
speaks
of
,
was
publisht
,
I
know
not
,
neither
is
it
,
that
I
can
find
,
any
where
extant
.
Baronius
,
that
first
brought
the
former
Rescripts
of
Valentinian
the
Elder
out
of
the
Vatican
Manuscript
,
is
altogether
silent
about
it
.
Labbé
says
it
was
in
the
year
374
,
upon
what
Ground
or
Authority
he
says
it
,
I
know
not
,
for
that
Law
,
that
he
refers
to
,
in
the
Theodosian
Code
,
Aquilinus
,
Vicarius
of
the
City
,
complaining
of
the
Negligence
and
Dishonesty
of
his
Officers
,
qui
privatae
gratiae
imperialia
praecepta
condonant
,
who
sacrificed
the
Emperor's
Commands
to
their
own
private
concerns
,
and
as
he
afterwards
expresses
it
,
Hactenus
stertit
iners
dissimulatio
Judicum
,
Notwithstanding
all
our
Commands
hitherto
,
the
Judges
snore
and
counterfeit
inadvertency
.
And
therefore
he
requires
him
under
high
and
unusual
Threatnings
,
to
put
his
Law
in
execution
against
them
for
their
Banishment
an
Hundred
miles
from
the
City
,
and
gives
him
this
general
Rule
,
Vt
condemnati
Judicio
rectè
sentientium
Sa●erdotum
,
reditum
postea
vel
ad
Ecclesias
,
quas
contaminaverant
,
non
haberent
,
vel
redintegrationem
Judicii
frustrà
à
nobis
impudenti
pervicacià
precarentur
.
That
when
they
were
condemn'd
by
the
regular
Sentence
of
the
Priestly
Order
,
they
should
not
be
permitted
to
return
to
their
Churches
,
that
they
had
defiled
,
or
to
move
for
a
re-hearing
in
the
Civil
Courts
.
And
after
this
we
hear
no
more
of
them
till
the
Council
of
Aquileia
in
the
year
381
,
who
sent
a
Letter
to
the
Emperor
Gratian
,
first
Publisht
by
Sirmond
,
[
†
](A56397-e15250-b)
†
Ne
inter
bellicas
necessit●tes
obreptio
importuna
te●t●tur
.
lest
whil'st
he
was
involved
in
Wars
he
should
be
prevailed
upon
to
abate
of
his
Severity
against
them
.
And
to
their
former
Crimes
of
Faction
and
Sedition
,
they
now
inform
him
that
they
had
joyn'd
Communion
with
the
Arians
,
to
strengthen
their
Party
,
and
enable
them
more
effectually
to
disturb
the
Peace
of
the
Catholick
Church
;
what
was
done
upon
it
,
I
find
not
,
for
we
hear
no
more
of
them
till
the
Death
of
Damasus
,
and
the
Election
of
Siricius
in
the
year
385.
who
was
violently
opposed
by
Vrsicinus
,
but
Vrsicinus
was
utterly
rejected
by
the
People
,
and
condemn'd
by
a
Rescript
of
Valentinian
the
younger
,
extant
only
in
[
(a)
](A56397-e15330-b)
(a)
Ad
annum
385.
M.
6.
Baronius
out
of
his
Vatican
Manuscript
▪
and
after
this
we
never
hear
any
more
either
of
him
or
his
Schism
.
The
second
Schism
was
that
of
Alexandria
,
that
began
immediately
upon
the
Death
of
St.
Athanasius
,
by
whom
upon
his
Death-bed
Peter
an
ancient
Presbyter
of
that
Church
,
and
the
inseparable
Companion
of
all
his
Troubles
,
was
recommended
for
his
Successor
,
and
was
accordingly
accepted
with
the
unanimous
Suffrage
both
of
the
Clergy
,
the
Magistrates
,
and
the
People
.
But
he
was
scarce
warm
in
his
Episcopal
Throne
,
before
he
is
forced
by
the
Governor
of
the
Province
to
quit
it
to
save
his
life
,
and
so
takes
Sanctuary
at
Rome
.
He
was
scarce
gone
,
but
Euzoius
,
that
had
been
at
the
beginning
of
the
Heresie
with
Arius
,
that
was
the
only
Man
that
stuck
to
him
in
his
Banishment
,
and
had
now
at
last
by
the
help
of
his
good
Masters
the
Eunuchs
thrust
himself
into
the
great
See
of
Antioch
,
and
with
him
one
Magnus
,
a
great
Officer
at
Court
,
and
an
eminent
Instrument
at
that
time
in
all
the
Persecutions
against
the
Catholicks
,
[
(b)
](A56397-e15460-b)
(b)
Soc.
l.
3.
c.
4.
bring
Lucius
to
Alexandria
with
a
strong
Guard
and
an
Imperial
Mandate
to
put
him
in
Possession
of
that
See
.
This
Lucius
had
been
often
catching
at
the
Prize
,
but
could
never
seize
it
till
now
.
Upon
the
Death
of
George
in
the
Reign
of
Julian
,
he
put
in
for
it
against
Athanasius
;
and
in
the
Reign
of
Jovian
he
and
his
Friend
Euzoius
in
vain
preferr'd
Articles
against
him
for
his
Ejectment
,
but
now
[
(c)
](A56397-e15570-b)
(c)
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
Theod.
l.
4.
c.
22.
by
the
help
of
his
Money
,
as
Peter
upbraids
him
,
and
the
Procurement
of
the
Eunuchs
under
Valens
,
he
takes
violent
Possession
of
it
.
And
being
an
Usurper
,
he
is
forced
to
govern
as
all
hated
Usurpers
do
,
and
outdoes
his
bloody
Predecessor
George
in
Cruelty
and
Barbarity
;
a
large
Description
of
the
unparallel'd
outrage
against
the
Catholicks
by
Magnus
may
be
seen
in
Peter's
[
(d)
](A56397-e15660-b)
(d)
Lib.
4.
c.
21
,
22.
Letter
extant
in
Theodoret.
And
so
things
continued
in
the
same
Posture
till
the
year
377
,
when
Valens
was
terrified
with
the
Invasion
of
the
Goths
,
that
were
come
up
to
the
very
Walls
of
the
City
of
Constantinople
,
at
which
time
say
the
Historians
he
call'd
home
the
banisht
Bishops
,
or
rather
,
as
others
say
,
he
and
his
Courtiers
being
otherwise
employed
,
they
take
that
Opportunity
to
return
home
.
And
so
Peter
comes
to
Alexandria
with
the
Recommendation
of
Damasus
the
great
Bishop
of
Rome
,
and
is
restor'd
with
universal
joy
of
the
People
,
and
Lucius
forced
to
fly
for
help
to
the
Emperor
and
his
Court-Patrons
then
at
Constantinople
,
that
was
at
that
time
little
better
than
Besieged
,
and
before
the
Emperor
had
any
leisure
to
mind
his
Complaints
,
he
by
his
own
rashness
came
to
his
Unfortunate
end
,
of
being
Burnt
by
the
Enemy
in
a
Cottage
,
where
he
had
taken
shelter
in
his
Flight
.
And
so
from
this
time
Lucius
continued
in
Exile
at
Constantinople
,
till
Demophilus
the
Arian
Bishop
that
succeeded
Eudoxius
in
that
See
,
and
all
his
Party
,
among
whom
[
(e)
](A56397-e15840-b)
(e)
Sozom.
l.
7.
c.
5.
Lucius
is
particularly
named
,
were
turn'd
out
of
the
City
by
Theodosius
the
Great
in
the
year
380.
At
which
time
Peter
dies
,
and
Timotheus
succeeds
him
,
for
Lucius
now
having
but
small
hopes
left
of
recovering
his
Bishoprick
under
such
an
Orthodox
Emperor
,
made
no
attempt
for
it
.
And
now
comes
the
great
Council
of
Constantinople
,
where
the
Nicene
Faith
is
establisht
for
ever
,
and
in
pursuance
of
it
[
(f)
](A56397-e15940-b)
(f)
De
Haeret
.
l.
6.
an
Imperial
Law
made
to
take
away
all
Churches
through
the
Empire
from
the
Hereticks
of
all
Denominations
.
For
which
the
Council
of
Aquileia
soon
after
sitting
in
the
West
,
send
him
the
foremention'd
Letter
of
thanks
,
farther
imploring
his
assistance
for
the
Settlement
of
the
Church
,
and
this
of
Alexandria
in
particular
,
where
the
present
Bishop
was
overwhelm'd
with
inveterate
Schisms
and
Dissentions
.
In
order
to
which
they
move
his
Majesty
,
that
he
would
be
pleased
to
call
a
Council
at
Alexandria
,
particularly
to
determine
who
of
the
Hereticks
should
be
received
to
the
Communion
of
the
Church
,
and
upon
what
terms
,
which
they
thought
in
such
a
vast
number
of
Offenders
,
too
invidious
a
work
for
the
Bishop
to
undertake
by
his
own
Authority
.
What
followed
upon
it
I
know
not
.
For
[
(g)
](A56397-e15990-b)
(g)
Extrav
.
de
Episcopali
Judicio
,
l.
3.
the
Rescript
of
this
Emperor
to
the
Praefect
Optatus
to
give
Timotheus
full
Power
of
Judicature
in
Ecclesiastical
Causes
,
and
to
be
assistant
to
him
is
apparently
forged
(
for
there
was
no
such
Praefect
as
Optatus
at
that
time
)
as
well
as
all
the
other
Laws
under
the
Subdititious
Title
De
Episcopali
Judicio
,
the
unanswerable
proofs
of
it
may
be
seen
in
Gothofred's
Extravagans
.
But
probably
without
any
farther
care
,
things
settled
of
themselves
under
so
wise
a
Reign
,
for
Timotheus
sat
peaceably
in
his
See
to
his
dying
day
,
without
any
disturbance
that
we
read
of
from
his
Enemies
.
When
they
saw
the
Church
defended
by
such
an
Emperor
,
they
were
content
to
sit
still
,
for
Men
are
not
wont
to
make
their
Attempts
,
where
they
have
no
hope
of
Success
.
But
still
we
see
by
the
whole
progress
of
this
Alexandrian
Schism
,
that
the
Disorders
of
the
Church
proceeded
not
from
it self
,
but
the
Dishonesty
of
the
Court
Eunuchs
.
The
last
great
Schism
of
that
Age
,
that
the
Council
of
Aquileia
mentions
in
their
Letter
to
the
Emperor
,
was
that
at
Antioch
,
which
began
sooner
,
and
lasted
longer
than
either
of
the
other
.
How
the
matter
was
composed
between
Paulinus
and
Meletius
,
we
have
seen
above
,
that
upon
the
Death
of
one
of
them
,
the
Surviver
should
have
the
Government
of
the
whole
Church
.
But
upon
the
Death
of
Meletius
,
Flavianus
sets
up
against
Paulinus
,
and
his
own
Oath
too
,
for
he
had
abjured
the
Bishoprick
as
long
as
either
of
them
should
live
.
And
he
makes
so
many
Friends
as
to
keep
it
till
the
great
Council
of
Constantinople
,
and
have
it
confirm'd
to
him
by
the
Authority
of
the
Council
,
where
the
Business
was
transacted
by
a
Seditious
Party
with
such
disorderly
Heats
and
Tumults
,
as
almost
put
the
great
Gregory
Nazianzen
out
of
love
with
Councils
,
whose
angry
words
upon
a
particular
occasion
against
the
abuse
of
some
in
his
time
,
are
peevishly
and
absurdly
applied
by
our
Innovators
against
the
use
of
Councils
in
general
.
The
Ecclesiastical
Abridger
almost
runs
mad
for
joy
of
his
Satyrical
Expressions
,
and
though
as
an
Orator
the
good
Father
represented
his
Complaints
and
Invectives
bigger
than
the
life
(
for
that
is
the
use
of
that
sort
of
Eloquence
)
R.
B.
has
pretty
well
improved
it
with
a
scurvy
Translation
,
and
made
it
look
more
like
railing
than
handsom
Satyr
.
But
what
would
you
have
of
a
meer
Abridger
of
Binius
,
poor
Man
,
he
never
looks
into
the
secret
of
the
Story
,
and
the
connexion
of
things
,
but
he
finds
in
Binius
that
such
a
Council
was
held
such
a
year
,
and
out
of
him
he
gives
a
crude
Epitome
season'd
with
some
malicious
Reflections
against
the
Bishops
,
and
so
has
done
.
But
alas
,
if
he
had
but
had
any
insight
into
the
Series
of
the
Story
,
and
understood
the
Mystery
of
the
Eusebian
Faction
,
by
whom
all
these
Disturbances
were
raised
in
the
Church
,
it
would
have
spoil'd
the
Malice
of
all
the
Abridgment
.
For
whereas
his
whole
design
is
to
load
the
whole
Body
of
Bishops
with
the
Miscarriages
of
the
Church
in
all
Ages
,
it
is
evident
all
along
,
that
the
Body
of
the
Bishops
labour'd
against
all
those
Miscarriages
that
he
has
ignorantly
and
maliciously
charged
upon
them
,
and
that
all
those
Disorders
committed
in
the
Church
from
the
time
of
Constantine
to
the
time
of
this
present
Council
,
were
the
Acts
and
Contrivances
of
some
wicked
men
that
crept
into
the
Church
by
Simony
and
Court-favour
,
and
were
enabled
to
do
all
that
mischief
that
they
did
in
it
,
in
spite
of
the
Opposition
of
the
Good
Bishops
,
by
the
Power
of
the
Eunuchs
.
So
that
all
these
Disorders
were
so
far
from
being
the
Acts
of
the
Ecclesiastical
Power
,
that
they
were
the
meer
effects
of
its
Oppression
.
And
such
were
these
very
Men
that
labour'd
to
raise
this
Tumult
in
the
Council
,
as
is
evident
from
Nazianzen's
own
account
of
them
,
and
that
in
short
is
this
.
He
at
first
earnestly
endeavour'd
to
perswade
them
to
acquiesce
in
the
former
Agreement
,
and
to
have
but
a
little-Patience
,
in
that
Paulinus
was
a
very
old
Man
,
had
one
foot
in
the
Grave
,
and
could
not
long
stand
in
their
way
upon
the
other
.
But
he
is
hiss't
down
by
the
factious
Party
,
as
a
Betrayer
of
the
Supreme
Prerogative
of
the
Eastern
Church
,
that
(
they
said
)
ought
to
be
preferr'd
above
the
Western
,
because
our
Saviour
was
Born
in
that
part
of
the
Empire
.
For
that
was
the
pretence
of
their
Zeal
in
this
foul
Matter
,
that
Paulinus
had
been
ordain'd
by
Lucifer
Calaritanus
a
Western
Bishop
,
which
they
will
needs
have
to
be
a
dishonourable
Intrusion
upon
the
Eastern
Church
,
and
therefore
in
despite
to
that
Usurpation
,
they
will
set
up
Flavianus
,
and
by
their
noise
and
clamour
tire
the
old
Bishops
into
a
complyance
,
but
Gregory
Nazianzen
quits
the
Council
through
meer
indignation
,
and
seeing
how
things
were
like
to
go
,
and
what
troubles
he
was
like
to
encounter
in
that
great
See
,
he
soon
after
resigns
his
Bishoprick
of
Constantinople
.
Of
which
the
Faction
make
their
advantage
of
playing
over
their
old
Game
for
creating
a
Division
between
the
Eastern
and
Western
Church
.
An
Artifice
,
as
we
have
seen
,
first
started
by
Eusebius
of
Nicomedia
,
and
ever
after
kept
on
foot
by
the
Faction
.
For
the
Western
Church
had
been
all
along
true
and
faithful
to
the
Orthodox
Faith
,
and
happy
in
a
succession
of
Orthodox
Emperors
,
and
therefore
the
Easterling
Merchants
that
hitherto
made
a
trade
of
their
Religion
,
and
changed
their
Faith
with
their
Interest
,
greedily
seized
all
Opportunities
of
breaking
with
the
West
,
where
the
Faith
was
fixt
and
settled
,
because
such
a
settlement
would
break
the
Court-Exchange
for
Preferments
upon
every
Turn
of
Affairs
.
And
such
Eceboliuses
were
the
Bishops
that
raised
and
promoted
this
disorder
.
They
had
ever
changed
their
Faith
with
the
Times
,
and
as
they
had
bought
their
Bishopricks
of
the
Courtiers
under
Constantius
and
Valens
,
so
were
they
resolved
to
keep
them
under
Theodosius
.
And
therefore
finding
his
Resolution
to
stand
by
the
Nicene
Faith
,
they
readily
vote
with
the
Council
for
its
establishment
,
but
to
prevent
the
establishment
of
the
Church
,
they
start
this
new
and
unseasonable
Controversie
about
the
Ordination
of
Paulinus
,
to
keep
up
the
division
between
the
East
and
West
.
Their
wrigling
and
changing
of
Faith
,
and
their
buying
and
selling
of
Preferments
,
is
admirably
described
by
Gregory
himself
in
the
Poem
of
his
own
Life
,
upon
his
resignation
,
from
whence
I
have
chiefly
collected
this
whole
Story
.
[
*
](A56397-e16390-b)
*
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
&c.
You
are
welcome
Chap-Men
,
how
often
soever
you
may
have
barter'd
your
Faith
,
now
't
is
high
Fair-time
,
let
no
Man
depart
without
a
good
penny-worth
.
And
now
let
R.
B.
here
set
his
Presbyterian
hand
,
as
his
custom
is
,
to
point
out
this
Character
of
this
prophane
Faction
against
all
the
good
Catholick
Bishops
,
with
his
cold
Exclamation
.
Are
not
these
lamentable
descriptions
of
the
Bishops
of
those
happy
Times
and
excellent
Councils
?
But
no
multiplying-Glass
like
Malice
,
unless
,
perhaps
Ignorance
.
Upon
this
Hinge
all
along
turn'd
this
Controversy
,
it
was
not
kept
up
by
any
zeal
for
the
Arian
Heresie
,
but
the
Heresie
it self
was
only
pretended
to
keep
up
divisions
in
the
Church
,
and
by
that
means
a
good
Exchange
was
kept
up
at
Court
for
the
sale
of
Church-Preferments
upon
every
turn
of
Times
.
And
so
here
upon
Gregory's
Resignation
,
every
Man
hoped
for
a
good
penny-worth
,
but
the
Courtiers
were
grown
too
cunning
,
and
it
being
so
valuable
a
prize
,
instead
of
sharing
with
the
Church-men
by
Simony
,
seize
the
Bishoprick
for
themselves
,
Nectarius
an
unlearned
Man
,
but
a
great
Courtier
,
I
know
not
by
what
art
,
but
I
am
sure
by
too
much
interposition
of
the
Emperor
,
being
against
all
the
Canons
of
the
Church
hoisted
into
it
.
And
it
is
the
great
blemish
of
that
Princes
reign
,
though
it
may
perhaps
be
some
excuse
that
he
stretcht
a
point
to
serve
a
Friend
.
But
the
Western
Church
is
startled
at
these
irregular
Proceedings
,
and
upon
them
Pope
Damasus
a
resolute
Man
,
and
one
of
the
first
that
valued
himself
upon
the
great
Authority
of
the
Apostolick
See
,
moves
the
Emperors
Gratian
and
Theodosius
to
grant
a
General
Council
at
Rome
for
the
better
settlement
of
things
.
But
the
Eastern
Bishops
baulk
their
appearance
upon
pretence
that
they
cannot
be
so
long
absent
from
their
Flocks
,
having
been
assembled
the
year
before
at
Constantinople
,
and
therefore
send
only
their
Legates
with
a
Copy
of
the
Acts
of
the
Council
.
With
which
the
Council
at
Rome
were
so
〈◊〉
satisfied
,
〈◊〉
with
very
little
〈…〉
adjudged
the
See
of
Antioch
to
Paulinus
alone
,
and
yet
forbore
to
denounce
the
sentence
of
Deposition
against
Flavianus
,
for
fear
the
Faction
should
take
the
advantage
that
they
watcht
for
,
to
break
off
Communion
with
them
.
In
order
to
which
it
is
probable
that
they
raised
the
Bishop
of
Constantinople
to
so
great
an
height
of
dignity
,
as
to
take
place
and
precedency
next
to
the
Bishop
of
Rome
,
who
upon
the
account
of
the
Grandeur
of
the
Imperial
City
had
all
along
held
the
greatest
esteem
in
the
Christian
Church
.
And
by
vertue
of
this
Decree
of
the
Council
at
Rome
,
Paulinus
takes
and
keeps
possession
of
his
Bishoprick
to
his
dying
day
,
and
is
succeeded
in
it
by
Evagrius
.
Of
the
legality
of
his
Succession
against
the
claim
of
Flavianus
,
see
St.
Ambrose
his
78
th
Epistle
,
that
runs
parallel
so
luckily
with
[
(l)
](A56397-e16640-b)
(l)
l.
5.
c.
23
▪
Theodoret's
partial
story
,
as
to
discover
all
its
particular
flaws
and
dawbings
:
For
says
Theodoret
,
after
this
they
would
never
let
Flavianus
be
at
quiet
,
but
tired
the
Emperor
with
Complaints
against
him
,
till
he
undertook
his
defence
himself
,
and
by
it
so
satisfied
the
Western
Bishops
,
that
they
promised
reconciliation
to
him
,
upon
which
he
sent
his
Legates
to
treat
the
Peace
,
which
was
at
last
agreed
on
in
the
time
of
Innocent
the
first
.
But
according
to
St.
Ambrose
his
account
,
who
was
an
Actor
in
the
business
,
the
Story
runs
thus
.
The
Emperor
upon
the
Complaint
of
Siricius
,
that
succeeded
Damasus
,
against
Flavianus
,
refers
the
Cause
to
a
Council
at
Capua
,
but
Flavianus
refuses
to
appear
,
and
moves
for
an
Eastern
Synod
.
But
the
Bishops
at
the
Council
being
aware
of
this
old
device
of
dividing
between
East
and
West
,
immediately
vote
Communion
with
all
Bishops
of
the
Eastern
Church
,
that
own'd
the
Nicene
Faith
,
of
whatsoever
side
in
this
Controversy
,
to
cut
off
that
old
pretence
of
Schism
,
upon
which
Flavianus
relyed
.
Upon
it
he
peremptorily
refuses
all
appearance
,
and
upon
that
they
refer
it
to
Theophilus
Bishop
of
Alexandria
and
the
Egyptian
Bishops
,
but
he
shuns
the
reference
and
takes
shelter
at
Court.
Upon
which
the
good
Father
thus
expostulates
.
Frustra
ergo
tantorum
sacerdotum
fusus
labor
.
Iterum
ad
hujus
seculi
Judicia
revertendum
?
Iterum
ad
Rescripta
?
Iterum
vexabuntur
Sacerdotes
senes
,
transfretabunt
maria
?
Iterum
invalidi
corpore
patriam
peregrino
mutabunt
solo
?
Iterum
sacrosancta
Altaria
deserentur
,
ut
in
longinquum
proficiscamur
?
Iterum
pauperum
turbae
Episcoporum
,
quibus
ante
onerosum
paupertas
non
erat
,
externae
opis
egentes
compellentur
inopiam
gemere
,
aut
certè
victum
inopum
itineris
usurpare
?
Interea
solus
exlex
Flavianus
,
(
ut
illi
videtur
)
non
venit
,
quando
omnes
convenimus
.
But
soon
after
this
[
(i)
](A56397-e16830-b)
(i)
Soz.
l.
7.
c.
15.
Evagrius
dyes
,
and
Flavianus
bestirs
himself
that
no
Successor
should
be
chosen
,
but
yet
for
all
that
the
People
would
not
be
reconciled
to
him
.
And
St.
Chrysostom
coming
at
this
time
to
the
Throne
of
Constantinople
,
[
(l)
](A56397-e16900-b)
(l)
Soz.
l.
8.
c.
3.
he
prevails
with
Theophilus
of
Alexandria
to
join
with
him
in
an
Ambassy
to
Rome
,
to
reconcile
Flavianus
to
the
Western
Church
,
and
by
that
means
to
remove
those
heart-burnings
,
that
were
kept
up
between
the
Eastern
and
Western
Bishops
upon
that
account
.
Which
was
done
with
some
success
,
for
it
abates
the
Schism
,
though
it
does
not
end
it
.
And
so
things
stood
till
the
death
of
Flavianus
in
the
year
404
,
who
is
succeeded
by
Porphyrius
,
[
(l)
](A56397-e16990-b)
(l)
Pallad.
dial
.
a
Bishop
of
the
Court-mould
,
of
as
bad
a
Character
,
and
as
true
an
Huckster
,
as
ever
was
bred
up
in
the
shop
of
the
Nicomedian
Eusebius
.
He
procured
both
the
banishment
of
his
Competitor
and
his
own
Ordination
by
money
,
and
when
he
had
once
got
into
his
See
,
he
govern'd
by
force
of
Arms
,
and
gets
[
(m)
](A56397-e17020-b)
(m)
de
his
qui
super
Religione
contendunt
.
l.
6.
an
Imperial
Rescript
from
the
young
Emperor
Arcadius
,
commanding
the
Bishops
to
communicate
with
him
upon
pain
of
deposition
.
And
this
became
a
profitable
Fair
at
Court
,
many
of
the
Eastern
Bishops
rather
choosing
to
be
deposed
,
than
to
defile
their
Consciences
by
allowing
Communion
with
so
vile
a
Man
.
But
at
length
the
Wretch
dyes
in
the
408.
And
Alexander
is
unanimously
chosen
,
who
put
an
end
to
the
Schism
,
that
had
lasted
45
years
.
And
thus
we
see
from
whence
almost
all
the
Schisms
and
Disorders
of
the
Church
proceeded
,
meerly
from
the
Ambition
of
ill
Church-men
,
supported
against
the
Churches
Authority
by
the
Power
of
the
Court
.
This
was
the
great
Plague
of
the
Church
after
the
Emperors
became
Christian
,
and
we
shall
find
all
along
that
the
Church
was
either
opprest
or
protected
,
according
as
the
Emperor
himself
watched
against
this
abuse
of
his
Courtiers
.
And
to
defend
the
Church
from
it
,
was
in
all
Ages
the
highest
Act
of
the
Imperial
Protection
.
And
this
we
have
here
seen
at
large
by
the
example
of
this
great
Princes
reign
,
who
was
himself
careful
of
the
Churc●●●
Li●erties
,
and
as
far
as
he
could
〈…〉
s●ffer'd
no
Court-merchandise
in
it
.
And
yet
many
Enormities
were
committed
,
and
that
even
in
the
great
Council
of
Constantinople
it self
,
in
the
case
of
Flavianus
,
but
that
was
by
reason
of
ill
Men
,
that
were
got
into
the
Church
by
this
ill
practice
,
under
his
Predecessors
Valens
and
Constantius
.
§
.
X.
The
last
remarkable
transaction
that
I
shall
take
notice
of
in
this
reign
,
was
the
Heresy
of
the
Priscillianists
,
and
the
concurrence
of
the
Powers
both
of
Church
and
State
for
its
suppression
.
For
though
the
Emperor
Theodosius
was
not
concern'd
in
it
,
yet
it
being
upon
the
Stage
in
the
time
of
his
Reign
,
I
shall
take
it
into
the
Story
of
his
time
.
The
matter
of
Fact
is
described
with
most
accuracy
by
Sulpitius
Severus
,
who
lived
at
the
same
time
,
though
he
lived
not
long
enough
to
see
the
end
of
the
Heresie
,
for
he
concludes
his
history
with
the
four
hundredth
year
of
our
Lord
in
the
time
of
Honorius
,
whereas
this
blasphemous
Heresie
was
not
utterly
rooted
out
till
some
time
after
.
And
setting
aside
his
gross
defect
of
judgment
,
and
his
excess
of
partiality
on
the
wrong
side
,
which
yet
is
so
enormous
that
it
cannot
impose
upon
any
Readers
understanding
,
unless
such
an
one
as
Mr.
B—'s
is
,
perverted
by
rank
malice
,
the
Heresie
is
so
described
both
by
himself
and
divers
others
of
the
Ancients
,
as
shews
the
necessity
of
suppressing
it
not
only
by
the
Civil
Magistrate
,
but
the
Civil
Sword
.
For
by
all
accounts
of
it
,
it
was
no
better
than
a
meer
Cento
of
all
the
Blasphemies
of
the
Gnosticks
and
the
Manichees
,
together
with
some
new
secret
and
obscure
Sacraments
among
themselves
,
and
the
religious
practice
of
all
sorts
of
Villainy
and
Dishonesty
.
That
is
the
compendium
of
it
,
as
it
is
set
down
by
St.
Austin
.
[
(n)
](A56397-e17200-b)
(n)
De
Haere●●bus
.
Tum
Pater
omnipotens
,
faecundis
imbribus
aether
,
Conjugis
in
gremium
latè
descendit
,
et
omnes
Magnus
alit
,
magno
commixtus
corpore
,
foetus
.
The
very
lake
of
Sodom
,
and
I
might
add
of
Geneva
too
,
they
as
well
as
their
Masters
,
the
Gnosticks
and
Manichees
being
branded
by
all
the
Ancients
for
the
Atheistical
Principle
of
Fatality
.
This
Heresie
was
first
brought
out
of
Egypt
into
Spain
by
one
Marcus
,
and
by
him
Priscillian
a
Man
of
a
sharp
Wit
but
infinite
Vanity
was
poison'd
,
who
by
his
eloquence
and
neatness
of
address
soon
disperst
the
contagion
over
all
Spain
,
and
especially
among
the
Female
sex
,
who
,
as
Sulpitius
expresses
it
,
being
always
greedy
of
Novelties
,
Caesar
Augusta
(
i.
e.
Caragosa
,
the
Metropolis
of
Aragon
in
Spain
)
in
the
Year
380
,
in
which
the
Bishops
are
deposed
,
and
the
Lay-men
excommunicated
,
and
the
Sentence
signified
to
all
foreign
Churches
,
to
prevent
their
receiving
them
into
Communion
.
And
withal
several
Canons
are
enacted
against
the
particular
customs
and
practices
of
the
Heretiques
:
As
first
,
That
Women
be
not
permitted
to
preach
in
Publique
,
as
Agape
one
of
the
first
of
the
Sect
,
a
wanton
and
immodest
Woman
had
done
,
and
others
after
her
Example
,
and
this
priviledge
no
doubt
was
the
great
Lure
that
drew
the
talking
Sex
so
thick
into
the
Faction
.
The
next
Canon
is
made
against
fasting
on
the
Festivals
of
the
Church
,
and
that
cross-grain'd
temper
was
common
to
all
the
Fanatique
Heretiques
in
all
Ages
,
to
do
every
thing
in
contradiction
to
the
establisht
Laws
and
known
Customs
of
the
Church
,
as
we
have
seen
above
by
the
Canons
of
the
Council
of
Gangra
against
the
Eutactans
or
Eustathians
.
The
next
Canon
is
to
anathematise
those
who
receive
the
holy
Eucharist
without
eating
it
:
For
that
was
the
common
Practice
of
those
prophane
Wretches
,
that
they
might
avoid
discovery
,
to
seem
to
communicate
with
the
Catholiques
even
in
this
great
Sacrament
,
but
that
they
might
not
be
guilty
of
joyning
in
true
and
real
communion
,
secretly
to
conveigh
it
away
,
and
so
turn
it
into
occasional
Communion
,
as
we
call
it
.
And
to
the
like
purposes
are
the
other
Canons
.
The
Heretiques
being
thus
condemn'd
in
Council
,
they
make
Priscillian
the
Bishop
of
their
Sect
,
upon
which
Ithacius
and
Idacius
apply
themselves
to
the
secular
Magistrate
,
and
at
length
gain
a
Rescript
from
the
Emperour
Gratian
to
banish
them
,
not
only
from
all
Citys
,
but
out
of
the
Empire
it self
.
For
the
words
in
Sulpitius
,
extra
omnes
terras
,
can
signifie
no
less
,
though
[
(o)
](A56397-e17750-b)
(o)
Notae
in
leg.
35.
de
Episcopis
.
Gothofred
surmises
that
their
meaning
reaches
no
farther
than
the
Territories
belonging
to
that
particular
City
that
they
inhabited
:
As
when
any
man
was
banisht
from
Rome
,
he
was
banisht
an
hundred
miles
from
it
,
because
so
far
its
Territory
or
Suburbicary
Diocess
extended
.
As
in
the
case
of
Vrsicinus
,
who
when
he
was
driven
out
of
Rome
,
was
confined
to
keep
at
that
distance
.
But
I
would
fain
know
of
the
learned
Civilian
,
where
he
ever
met
with
this
sense
and
construction
of
extra
omnes
Terras
,
when
put
absolutely
,
though
he
knows
it
was
a
common
phrase
to
express
the
whole
Empire
.
And
so
it
must
be
taken
here
,
for
the
men
were
condemn'd
to
banishment
for
propagating
wicked
and
debauch't
Principles
;
and
if
that
were
only
out
of
the
Province
in
which
they
lived
,
that
would
be
but
a
means
to
spread
the
Contagion
over
all
the
Countrey
.
And
therefore
the
Priscillianists
upon
the
Publication
of
the
Rescript
were
not
only
forced
to
quit
their
own
particular
Provinces
,
but
Spain
it self
,
and
farther
their
Prosecutors
were
not
concern'd
to
pursue
them
.
But
having
quitted
Spain
,
they
betake
themselves
to
Italy
,
and
there
endeavour
to
clear
their
Innocence
to
Damasus
Bishop
of
Rome
,
and
Ambrose
Bishop
of
Milain
,
but
they
are
so
wise
,
as
to
refuse
so
much
as
to
see
or
hear
them
.
Upon
that
they
are
forced
to
betake
themselves
to
the
standing
shift
of
all
Heretiques
,
to
buy
off
the
Laws
of
the
Church
with
the
Courtiers
.
And
to
this
end
they
bribe
Macedonius
the
Magister
Officiorum
,
who
thereupon
prevails
with
the
Emperour
to
reverse
his
Rescript
against
them
,
whereupon
they
return
home
with
triumph
,
and
rebribe
Volventius
the
Governour
so
powerfully
,
that
he
forces
Ithacius
to
fly
his
Countrey
.
Who
thereupon
betakes
himself
to
Gregorius
the
Emperour's
Praefectus
Praetorio
in
France
,
to
whom
Volventius
was
subject
as
his
Vicarius
,
and
acquaints
him
with
the
disorders
in
Spain
,
and
upon
the
information
he
immediately
commands
his
Spanish
Vicarius
to
send
the
Heretiques
to
him
,
and
in
the
mean
time
,
whilst
they
were
upon
their
Journey
,
informs
the
Emperour
of
all
their
wicked
pranks
.
But
all
in
vain
,
Vicario
deferatur
.
Sulp.
Sever.
l.
2.
p.
445.
for
by
reason
of
the
exorbitant
power
and
wantonness
of
a
few
men
at
Court
,
all
things
were
there
exposed
to
sale
,
and
therefore
the
Heretiques
after
their
old
custom
with
a
great
Sum
of
Money
bribed
their
old
Patron
Macedonius
,
to
perswade
the
Emperour
to
take
the
cognisance
of
the
matter
from
the
Praefectus
Praetorio
,
and
refer
it
back
to
his
Vice●rius
in
Spain
.
Which
was
accordingly
done
,
and
a
Messenger
sent
by
Macedonius
to
seize
Ithacius
and
carry
him
Prisoner
into
Spain
,
though
at
that
time
he
escaped
his
hands
.
In
the
Year
385.
the
Tyrant
Maximus
rebels
,
and
overcomes
Gratian
in
France
,
and
after
his
Victory
coming
to
Treives
,
where
Ithacius
then
resided
,
he
immediately
makes
his
address
to
him
against
the
Heretiques
,
who
storms
at
them
,
and
immediately
commands
the
Governours
of
France
and
Spain
,
to
conveigh
them
safe
to
a
Synod
at
Burdeaux
,
in
which
Instantius
is
deposed
.
But
Priscillian
appeals
from
the
Judgment
of
the
Council
to
the
Emperour
,
and
accordingly
himself
and
all
his
Partisans
are
carried
before
him
at
Treives
;
where
St.
Martin
being
at
that
time
,
he
advises
Ithacius
to
desist
from
his
Prosecution
,
and
Maximus
to
spare
their
blood
,
constitutus
,
non
desinebat
increpare
Ithacium
,
ut
ab
accusatione
desistent
;
Maximum
orare
,
ut
sanguine
infoelicium
abstireret
:
satis
supérque
sufficere
,
ut
Episcopali
sententiâ
Haeretici
judicati
,
Ecclesiis
pellerentur
:
novum
esse
et
inauditum
nefas
,
ut
causam
Ecclesiae
judex
seculi
judicaret
.
because
it
was
more
than
enough
that
they
were
condemn'd
by
the
Episcopal
Sentence
,
and
deprived
of
their
Churches
,
and
that
it
was
a
new
and
unheard
of
Prophaneness
,
that
a
Secular
Judge
should
give
Sentence
in
an
Ecclesiastical
cause
.
In
which
Advice
the
good
man
has
betrayed
great
Ignorance
of
affairs
,
and
great
Weakness
of
understanding
:
Ignorance
,
in
that
it
was
so
far
from
being
a
novelty
or
prophanness
,
for
Princes
to
enact
penal
Laws
in
Ecclesiastical
causes
,
after
the
Judgment
of
the
Church
,
that
it
was
ever
look't
upon
as
a
piece
of
their
duty
to
abet
it
,
if
they
approved
it
,
with
secular
Laws
and
Penalties
.
And
weakness
,
in
that
he
thought
deposition
from
their
Bishopricks
a
sufficient
punishment
for
such
men
,
as
Sulpitius
himself
says
were
not
worthy
to
live
.
vir
acer
et
severus
,
in
the
life
of
St.
Martin
,
Vir
quo
nihil
unquam
justius
fuit
.
But
before
him
upon
a
double
hearing
Priscillian
is
convicted
of
all
the
Crimes
laid
to
his
charge
,
[
(p)
](A56397-e18630-b)
(p)
De
Haeret
.
l.
9.
in
one
of
which
he
distinguishes
between
the
Contemplative
and
the
Practical
Hereticks
;
the
first
he
out-laws
,
but
as
for
the
others
,
known
by
the
names
of
Eucratitae
,
Saccophori
,
Hydroparastatae
,
and
I
know
not
what
salvage
Sects
more
,
he
brings
them
under
the
sentence
of
death
.
And
is
withal
so
severe
,
as
to
appoint
an
Inquisition
for
their
discovery
;
and
in
truth
no
care
can
be
too
great
nor
punishment
too
severe
,
when
Men
under
pretences
of
a
stricter
Piety
,
bring
in
the
practice
of
all
sorts
of
uncleanness
and
immorality
.
And
that
was
the
case
of
these
brutish
Wretches
,
they
pretended
to
singular
mortification
,
and
under
it
acted
all
the
Wickedness
,
that
humane
Nature
was
capable
of
committing
.
And
therefore
in
such
Cases
as
these
it
was
a
great
mistake
in
St.
Martin
,
to
think
a
Censure
of
the
Church
sufficient
punishment
,
and
to
disswade
the
Prince
from
drawing
the
temporal
Sword
against
them
,
when
if
ever
it
is
necessary
,
it
is
certainly
most
so
,
when
Men
pervert
Religion
to
the
subversion
of
humane
Society
.
And
then
if
they
are
executed
,
it
is
not
for
their
Heresie
against
the
Faith
,
but
their
Treason
against
the
State
,
and
such
Traitors
all
such
Men
are
that
teach
such
Doctrins
,
as
destroy
the
Faith
of
Mankind
,
and
the
Peace
of
humane
Society
.
And
therefore
how
blame-worthy
soever
Ithacius
might
be
in
his
own
life
or
manner
of
prosecuting
,
(
and
Sulpitius
gives
him
a
very
ill
Character
as
to
both
)
no
wise
Man
could
ever
have
blamed
him
,
so
severely
as
he
has
done
,
as
to
the
prosecution
it self
,
and
no
good
Man
could
have
been
too
active
in
bringing
such
brutal
Wretches
to
their
due
punishment
.
And
therefore
it
was
at
best
,
but
an
indiscreet
action
(
supposing
the
truth
of
the
Indictment
,
which
Sulpitius
himself
allows
)
in
Theognostus
and
his
Followers
in
separating
Communion
from
him
for
prosecuting
,
though
in
a
cause
of
blood
.
When
what
he
did
in
that
case
,
he
was
obliged
to
do
as
a
Member
of
the
Common-Wealth
and
antecedently
to
his
holy
Orders
,
which
certainly
to
whatsoever
degree
of
Gentleness
they
may
oblige
a
Man
,
they
cannot
cancel
that
duty
,
that
by
nature
he
owes
to
his
Country
.
And
it
is
no
better
than
Julian's
Sarcastick
Abuse
of
our
Saviour's
Laws
to
apply
his
Precepts
of
Mercy
and
Forgiveness
against
the
just
execution
of
Laws
,
as
if
his
Religion
were
set
up
(
as
the
Apostate
prophanely
objected
to
it
,
)
only
for
the
subversion
of
Civil
Government
.
The
duty
that
he
commands
is
a
point
of
Prudence
as
well
as
Vertue
,
that
Men
preserve
the
temper
of
their
Minds
in
all
the
intercourses
of
life
:
they
may
prosecute
a
Malefactor
to
the
Gallows
without
strangling
themselves
with
spite
and
revenge
,
but
only
for
the
same
ends
,
for
which
the
Government
,
that
owes
him
no
malice
,
inflicts
the
Penalty
of
the
Law
upon
him
.
A
Man
may
hang
a
Thief
,
and
forgive
him
too
.
And
therefore
it
was
no
better
than
a
rash
and
weak
action
of
Theognostus
,
St.
Martin
and
their
Adherents
in
general
to
condemn
Ithacius
his
prosecution
of
the
Priscillianists
,
as
if
it
had
been
inconsistent
with
the
meekness
of
a
Christian
,
but
much
more
the
exemplary
mercy
of
a
Bishop
.
It
is
indeed
an
Office
that
no
good-natur'd
Man
can
ever
be
fond
of
,
and
less
becomes
a
Clergy-man
than
any
other
;
but
yet
it
is
not
unlawful
,
nor
the
breach
of
any
Precept
of
our
Religion
,
and
therefore
he
could
not
be
justly
condemn'd
for
it
;
nay
it
was
so
far
from
being
a
Sin
,
that
it
was
a
duty
both
in
him
and
all
other
good
Subjects
to
take
care
of
the
preservation
of
the
Common-Wealth
,
by
indeavouring
to
remove
such
plague-sores
out
of
it
.
And
therefore
Maximus
did
but
do
him
justice
to
call
a
Synod
at
Tr●ives
to
absolve
him
from
the
Excommunication
of
Theognostus
,
and
if
he
had
beside
that
,
punisht
Theognostus
for
indeavouring
to
intercept
and
obstruct
publick
Justice
,
I
cannot
see
but
that
he
had
acted
as
became
a
good
and
a
wise
Governor
.
At
least
I
am
sure
it
is
much
less
decent
for
a
Clergy-man
to
patronize
wicked
Men
against
the
Laws
than
to
prosecute
them
,
provided
they
have
reputation
enough
(
which
the
Civil
Law
requires
,
and
all
other
Laws
ought
to
do
)
to
qualifie
them
for
Evidences
.
If
indeed
these
had
been
Malefactors
of
an
ordinary
size
,
it
might
not
have
been
unbecoming
a
Bishop
to
interpose
for
mercy
,
but
Men
that
were
made
up
of
nothing
but
Villainy
,
were
beyond
the
reach
of
compassion
,
and
no
Man
,
in
whatsoever
station
he
was
placed
,
ought
to
spare
their
prosecution
.
And
therefore
it
was
no
better
than
Monkish
stubbornness
in
St.
Martin
,
to
refuse
communion
with
the
Prosecutors
after
the
judgment
of
the
Council
;
and
though
he
was
at
last
induced
to
communicate
with
the
Council
it self
by
Maximus
,
who
bought
that
condescension
of
him
,
by
giving
him
the
Lives
of
two
of
his
Friends
,
that
had
been
loyal
Officers
under
Gratian
(
though
our
crude
Abridger
says
,
that
it
was
for
the
sake
of
a
great
Priscillianist
)
yet
upon
it
he
quitted
the
Council
,
and
could
have
no
peace
till
he
received
absolution
from
an
Angel
,
after
which
he
would
never
more
communicate
with
the
Bishops
,
and
that
I
take
to
be
no
better
than
Monkish
Enthusiasm
.
These
affectations
of
mercy
are
very
popular
things
,
and
easily
seize
Men
possess
't
and
tainted
with
mortified
Vanity
,
for
there
is
generally
the
height
of
pride
and
ostentation
,
under
the
pomps
and
shews
of
Humility
.
And
this
I
doubt
was
St.
Martin's
case
,
who
though
he
was
a
devout
Man
,
yet
he
was
altogether
unlearned
and
indiscreet
and
most
miserably
over-run
with
the
Scurvy
of
Enthusiasm
,
and
not
understanding
the
true
nature
of
Pride
(
as
none
of
that
sort
of
Men
do
)
he
was
apparently
acted
by
it
in
all
his
singularities
to
the
very
height
of
a
Cynical
vanity
,
that
is
the
rankest
sort
of
Insolence
in
the
World
.
And
this
is
too
evident
from
his
Story
,
as
it
is
told
by
[
(q)
](A56397-e18870-b)
(q)
De
vitâ
Martini
c.
23.
Sulpitius
himself
.
To
give
one
instance
for
all
,
when
he
was
treated
by
the
Emperor
,
who
invited
all
his
Nobles
to
the
Entertainment
,
he
carried
one
of
his
Presbyters
along
with
him
,
and
the
Emperor
being
very
proud
that
he
had
reconciled
to
himself
and
his
ill
Cause
,
a
Man
so
much
adored
by
the
People
,
treats
him
with
all
the
flatteries
of
Civility
,
seats
him
next
himself
,
and
places
his
Presbyter
in
the
midst
of
his
Nobles
,
that
was
the
highest
Place
at
the
Table
.
A
Cup
is
brought
to
the
Emperor
according
to
custom
to
drink
in
the
first
place
,
he
commands
it
to
be
given
to
St.
Martin
,
expecting
at
least
that
he
would
have
return'd
the
Complement
,
but
he
without
any
farther
formality
very
fairly
takes
off
his
draught
,
and
so
delivers
the
Cup
to
his
Presbyter
,
as
the
best
Man
in
the
Company
next
to
himself
.
And
this
piece
of
rudeness
the
Emperor
was
forced
to
applaud
,
because
his
Inter●st
at
that
time
obliged
him
to
flatter
the
holy
Man
,
though
otherwise
,
as
far
as
I
can
discern
,
it
seems
very
much
to
exceed
the
sawcy
Answer
of
Diogenes
to
Alexander
the
great
,
when
he
offer'd
him
whatever
he
would
ask
,
thrusting
him
aside
with
a
Prethee
friend
stand
out
of
my
Sun
.
This
Cynical
Vanity
is
very
incident
to
Monkish
Men
,
and
there
are
few
of
them
that
escape
the
itch
,
but
when
it
is
predominant
and
meets
with
success
and
applause
in
the
World
,
as
it
did
in
this
good
Man
,
it
becomes
down-right
Enthusiasm
and
perfect
drunkenness
,
whence
came
his
so
frequent
Visions
,
and
converse
with
Angels
,
and
incounters
with
Devils
,
and
a
great
number
of
strange
things
that
he
told
of
himself
,
the
poor
Man
seriously
believing
his
own
dreams
and
deliriums
for
want
of
animal
Spirits
,
to
have
been
true
and
real
transactions
.
But
to
let
that
pass
,
whether
there
were
any
touch
of
vanity
in
this
intercession
for
the
Priscillianists
,
or
not
,
I
am
sure
there
was
very
little
discretion
.
Baronius
would
excuse
him
from
the
reason
,
upon
which
he
proceeded
,
viz.
the
abuse
that
would
follow
upon
an
inquisition
of
the
Hereticks
,
which
Maximus
intended
in
Spain
.
That
I
confess
was
one
reason
(
and
I
think
)
a
good
one
too
,
for
disswading
the
Emperor
from
sending
the
Inquisitors
,
such
Persons
being
so
very
apt
to
abuse
their
trust
,
as
he
had
already
found
by
experience
,
but
the
general
ground
that
he
stood
upon
was
this
,
that
they
ought
not
to
be
punisht
by
imperial
Laws
,
but
only
by
the
Censures
of
the
Church
,
and
that
it
was
no
less
than
an
act
of
unheard
of
prophaneness
in
the
Emperor
to
proceed
against
them
.
That
reason
is
general
,
and
extends
to
all
proceedings
abstracting
from
the
abuse
,
and
so
Sulpitius
Severus
confesses
in
the
very
place
where
he
gives
that
reason
in
the
life
of
St.
Martin
,
as
well
as
in
the
history
it
s●lf
as
it
is
set
down
above
.
[
r
](A56397-e19160-b)
r
Epist.
l.
7.
sp.
58.
St.
Ambrose
himself
seems
to
be
against
cutting
them
off
with
the
Civil
Sword
,
but
at
that
distance
of
place
,
it
is
to
be
supposed
that
he
understood
not
their
Offences
,
but
only
took
them
for
a
new
sort
of
Hereticks
,
as
is
clear
from
the
Epistle
it self
.
And
in
point
of
Heresie
all
Men
would
be
tender
of
sanguinary
Laws
,
and
so
most
of
the
ancient
Fathers
were
,
who
though
they
were
for
Laws
penal
,
yet
they
were
for
such
only
,
as
reacht
not
Mens
lives
.
But
the
case
of
the
Priscillianists
was
of
another
kind
,
they
were
not
Hereticks
from
the
Faith
,
but
Apostates
from
humane
nature
,
and
the
common
Faith
of
Mankind
.
And
therefore
if
St
Ambrose
had
understood
the
secrets
of
the
Sect
,
he
would
never
have
opposed
cutting
off
such
unheard
of
Crimes
with
the
Civil
Sword
,
that
were
not
to
be
indured
under
any
Government
,
without
any
regard
to
religion
.
And
therefore
when
the
heathen
Orator
Pacatus
in
his
Panegyrick
to
Theodosius
the
Great
,
aggravates
this
prosecution
of
the
Bishops
as
unbecoming
their
Function
,
his
design
was
only
to
cast
an
Odium
upon
them
,
and
their
Religion
,
otherwise
it
was
no
piece
of
inhumanity
to
prosecute
such
enormous
Crimes
as
were
proved
by
the
very
Confessions
of
the
Offenders
themselves
;
Sulpitius
Severus
his
angry
remarque
upon
it
,
that
it
gave
Priscillian
the
advantage
and
reputation
of
Martyrdom
,
and
by
that
means
gave
new
life
and
confidence
to
the
Party
,
it
is
a
weaker
surmise
than
all
the
rest
.
For
though
Martyrdom
in
a
good
Cause
is
a
very
popular
Argument
,
yet
in
a
bad
one
it
soon
sinks
into
the
dishonor
of
a
just
Execution
.
And
though
it
is
no
hard
matter
to
bear
it
up
a
little
time
among
the
People
to
support
the
honor
of
a
Faction
,
as
was
done
by
the
Donatists
of
old
and
our
Regicides
of
late
,
yet
when
they
have
done
all
,
such
foul
things
will
sink
by
the
weight
of
their
own
Wickedness
.
And
so
did
this
,
for
after
this
time
we
hear
no
more
of
them
in
the
Imperial
Laws
.
For
though
there
are
some
Laws
enacted
against
the
Priscillianists
by
Honorius
and
Theodosius
the
younger
,
among
the
whole
rout
of
Hereticks
,
especially
the
40
th
and
65
th
de
Haereticis
,
yet
these
related
not
to
the
followers
of
Pris●illian
in
Spain
,
but
to
a
branch
of
the
old
Gnostick
Heresie
,
that
(
as
[
†
](A56397-e19380-b)
†
2.
Var.
175.
Pancirolus
and
[
*
](A56397-e19410-b)
*
Ad
annum
428.
p.
531.
Baronius
observe
)
had
their
name
from
Priscilla
,
and
was
synonymous
with
the
old
name
of
Phryges
.
So
that
this
severity
of
Maximus
was
so
far
from
animating
the
Party
,
(
as
Sulpitius
injudicouisly
suggests
,
)
that
for
all
their
great
noise
of
triumph
,
it
struck
it
dead
.
For
though
leud
Men
will
venture
upon
strange
and
extravagant
things
,
where
they
have
any
presumption
of
impunity
,
yet
when
they
find
their
lives
at
stake
for
the
debaucht
frolick
,
that
quickly
spoils
the
jest
.
And
that
was
the
case
here
,
the
leud
Heresie
was
really
chopt
off
with
the
Author
.
And
though
Sulpitius
complains
that
it
lasted
15
years
,
yet
it
lasted
no
longer
,
and
was
the
most
short-lived
of
all
the
Heresies
,
whereas
the
Gnosticks
and
the
Manichees
,
of
both
which
it
was
compounded
,
continued
some
Ages
because
not
prosecuted
with
the
same
severity
.
And
this
too
might
have
ended
sooner
,
had
it
not
been
protected
by
the
indiscretion
of
St.
Martin
and
some
others
,
that
either
did
not
,
or
would
not
understand
the
true
state
of
the
Controversy
.
Which
after
all
accounts
of
it
is
best
stated
by
Pope
Leo
in
his
Epistle
to
Turibius
Bishop
of
Asturicum
.
In
whose
time
the
Vermin
began
to
appear
again
in
a
remote
corner
of
Spain
or
Portugal
,
v.
Labbès
Concil.
vol.
3.
p.
1409.
as
they
did
again
afterwards
,
but
never
more
,
in
the
time
of
Pope
Vigilius
,
as
appears
by
his
Letter
concerning
them
to
Eutherius
or
Profuturus
a
Bishop
in
those
Parts
.
Pope
Leo's
Epistle
determines
the
Matter
thus
—
Meritò
Patres
nostri
,
sub
quorum
temporibus
haeresis
haec
nefanda
prorupit
,
per
totum
mundum
instanter
egêre
,
ut
impius
furor
ab
universà
Ecclesià
pelleretur
:
quando
etiam
Mundi
principes
ita
hanc
sacrilegam
amentiam
detestati
sunt
,
ut
auctorem
ejus
ac
plerosque
dicipulos
legum
publicarum
ense
prosternerent
.
Videban●
enim
omnem
curam
h●nesta●is
auferri
,
omnem
conjugi●rum
copulam
solvi
,
simulque
divinum
jus
humanumque
subverti
,
si
hujusmodi
hominibus
usquam
vivere
cum
tali
professione
licuisset
.
Our
Ancestors
,
in
whose
time
this
prophane
Heresy
sprung
up
,
took
all
possible
care
to
root
the
madness
out
of
the
Christian
World
,
when
at
the
same
time
the
secular
Princes
so
abhorred
its
outragious
wickedness
,
that
they
put
to
de●th
with
the
Sword
the
Author
of
it
,
together
with
his
chiefest
Proselytes
;
for
they
were
sensible
that
by
it
,
all
the
Obligations
to
honesty
were
destroyed
,
all
the
sacred
bands
of
Marriage
dissolved
,
all
Laws
both
Divine
and
Humane
subverted
,
if
these
Men
were
allowed
to
live
any
where
with
the
profession
of
their
debaucht
Principles
.
This
is
the
true
state
of
the
case
,
and
yet
it
is
the
only
great
instance
of
cruelty
,
that
R.
B.
is
perpetually
bellowing
out
against
the
bloudy
,
the
persecuting
,
the
turbulent
,
the
destroying
,
the
proud
,
the
contentious
,
the
ambitious
,
the
hereticating
,
the
merciless
,
the
furious
,
the
confounding
,
and
the
God-damn-you
Prelates
,
and
fire
brands
of
the
World
.
For
these
are
the
most
usual
Titles
of
honor
,
that
this
Man
of
meekness
and
healing
is
pleased
to
bestow
upon
the
reverend
Bishops
of
the
ancient
,
as
well
as
the
present
Church
.
But
though
he
is
pleased
to
throw
them
out
at
random
among
the
whole
Order
,
yet
when
he
comes
to
particulars
,
his
whole
Catalogue
of
Bonners
and
bloody
Bishops
is
nothing
but
this
story
of
Ithacius
and
the
Priscillianists
continually
repeated
in
his
fourscore
books
and
upwards
,
and
by
repeating
one
tale
so
often
has
made
it
so
many
stories
.
But
poor
Richard
transcribes
in
so
much
hast
,
that
he
has
not
leisure
to
examine
and
weigh
his
Records
,
no
nor
for
the
most
part
(
which
is
much
worse
)
to
construe
them
;
for
though
he
is
very
abounding
with
his
in
specie
,
he
is
very
defective
in
his
In
speech
,
and
has
of
late
bless't
and
obliged
the
World
with
such
heaps
of
historical
Ignorance
,
as
cannot
but
be
a
full
satisfaction
to
the
Age
,
that
Presbytery
and
skill
in
antiquity
,
are
inconsistent
things
.
But
as
for
this
particular
out-cry
about
Ithacius
,
if
he
had
but
in
the
least
understood
the
true
state
of
the
case
,
he
could
never
have
prevail'd
with
himself
to
triumph
over
its
cruelty
,
with
so
much
transport
and
insolence
as
he
has
done
,
in
so
much
that
he
seems
to
be
more
pleased
with
their
Execution
,
then
the
bloody
Prelates
themselves
,
only
because
it
serves
him
for
a
Common
Place
of
railing
at
them
,
and
that
is
the
sweetest
gratification
to
his
healing
Spirit
.
But
what
were
these
poor
silly
harmless
Hereticks
that
were
so
barbarously
butcher'd
by
these
inhumane
Prelates
?
Were
they
meer
Hereticks
in
a
point
of
Faith
,
as
the
Arians
were
?
Were
they
meer
Schismaticks
from
the
Communion
of
the
Church
,
as
the
Donatists
were
?
No
,
but
they
were
a
rout
of
Villains
that
under
the
pretence
of
a
greater
Purity
,
taught
all
the
leudness
and
wickedness
that
humane
Nature
could
commit
,
and
daily
reduced
their
Doctrin
to
practice
among
themselves
.
So
that
their
Crime
was
not
any
heresie
against
the
Christian
Faith
,
as
this
crude
Rhapsodist
supposes
,
but
an
Apostasie
from
humane
Nature
,
and
subversion
of
humane
Society
,
and
an
utter
debauching
of
humane
Kind
.
Now
when
such
Monsters
of
Men
,
that
were
implacable
Enemies
to
the
Peace
of
the
World
,
arose
within
the
Neighbourhood
of
some
Christian
Bishops
,
I
cannot
see
how
they
could
any
way
have
excused
themselves
to
God
and
their
Country
,
if
they
had
not
indeavour'd
a
speedy
stop
of
the
Contagion
.
For
this
concern'd
them
not
as
Christian
Bishops
,
but
as
Men
and
Members
of
the
Common-Wealth
which
it
was
apparent
that
these
Mens
Principles
utterly
subverted
,
and
therefore
for
that
very
reason
were
they
bound
to
let
the
Government
know
its
danger
.
And
though
their
Office
as
Christian
Bishops
obliged
them
to
mercy
,
yet
not
to
such
foolish
mercy
as
would
undo
the
World
.
And
that
was
their
case
,
they
did
not
prosecute
Hereticks
,
but
Rebels
and
Traitors
.
And
that
Office
I
think
as
much
becomes
a
Bishop
,
if
he
loves
his
King
and
his
Country
as
another
Man
.
But
it
seems
there
is
no
cruelty
so
terrible
in
the
Eye
of
a
Presbyter
,
as
to
bring
Rebels
to
their
due
punishment
.
And
it
looks
like
strange
confidence
that
Men
who
have
confess
't
themselves
Men
of
Blood
,
and
cut
honest
Mens
Throats
for
their
Loyalty
,
should
complain
of
the
cruelty
of
executing
Villains
for
their
Rebellion
.
So
that
in
the
Result
of
all
,
and
granting
the
truth
of
the
whole
Story
,
the
conclusion
will
amount
to
no
more
than
this
,
That
the
difference
between
the
Prelatical
and
Presbyterian
Ithacians
is
,
That
the
one
is
for
gleaning
up
a
few
Malefactors
to
preserve
a
Nation
,
the
other
is
for
reaping
the
whole
field
,
and
that
is
the
true
thorough
Presbyterian
Reformation
.
§
.
XI
.
Theodosius
dyes
in
the
year
395.
after
an
happy
and
glorious
reign
,
having
clear'd
the
Eastern
Empire
of
Goths
,
Persians
and
Arians
,
and
twice
recover'd
the
Western
from
the
Usurpation
of
Tyrants
,
Maximus
and
Eugenius
,
and
le●t
both
Church
and
State
in
a
settled
and
prosperous
Condition
,
insomuch
that
it
is
but
a
due
and
just
Character
,
that
is
given
of
him
by
Bar●nius
.
Nullus
unquam
Romanorum
Imperatorum
,
That
none
of
the
Roman
Emperors
,
that
came
not
to
the
Crown
by
inheritance
and
lineal
Succession
,
were
ever
taken
into
a
share
of
that
Power
,
that
managed
it
with
more
skill
or
honesty
,
and
to
the
greater
benefit
of
the
Empire
.
And
yet
he
can
no
more
escape
the
Barkings
of
Zosimus
(
as
Photius
calls
them
)
than
all
the
other
Christian
Emperors
,
but
his
Calumnies
consist
not
in
ill
Stories
,
but
in
ill
Characters
,
that
are
as
well
consuted
by
his
whole
History
of
this
great
Princes
actions
,
as
by
Paulinus
his
Apologetick
,
and
St.
Ambrose
his
Funeral
Oration
,
to
which
I
refer
the
Reader
,
and
shall
only
give
this
Character
out
of
a
more
knowing
Author
,
because
contemporary
,
and
an
Eye
witness
of
his
Actions
,
and
though
a
more
impartial
,
yet
no
bribed
Author
,
because
an
heathen
too
as
well
as
Zosinus
,
and
that
is
Aurelius
Victor
who
concludes
his
History
with
this
Character
of
him
,
having
compared
him
to
Trajan
he
adds
that
He
was
a
Prince
courteous
,
merciful
and
familiar
,
thinking
himself
to
be
distinguisht
from
other
Men
only
by
the
Imperial
Robe
:
bountiful
to
all
Men
,
but
to
a
degree
of
prodigality
to
good
Men
,
he
loved
Men
of
Integrity
,
and
honor'd
Learning
,
if
without
craft
,
he
bestowed
his
great
bounty
with
a
greater
mind
.
He
loved
his
Subjects
,
and
loaded
them
with
Honors
,
Wealth
and
Kindnesses
,
especially
those
that
he
had
found
faithful
to
him
in
any
distress
.
And
yet
he
had
so
great
a
detestation
of
those
Vices
,
for
which
Trajan
is
blamed
,
luxury
and
love
of
triumph
,
that
he
never
raised
Wars
,
but
found
them
,
and
strictly
forbid
all
luxury
and
extravagance
at
his
Table
,
and
was
so
tender
of
continence
and
modesty
,
that
he
forbid
the
Marriage
of
Cousin-Germans
as
well
as
Sisters
.
He
was
competently
learned
,
he
was
inquisitive
and
curious
to
know
the
Monuments
and
Actions
of
his
Ancestors
,
and
express't
an
high
indignation
against
such
,
who
by
their
Pride
or
Cruelty
had
attempted
any
thing
against
the
publick
Liberty
,
as
Cinna
,
Marius
and
Sulla
,
and
all
Tyrants
whatsoever
,
especially
if
false
and
ungrateful
.
He
was
apt
to
be
offended
at
a
base
Action
,
but
soon
appeased
,
and
therefore
in
a
little
respite
he
would
soften
harsh
Commands
;
and
he
had
that
vertue
by
Nature
,
that
Augustus
learnt
of
the
Philosopher
,
who
observing
him
to
be
somewhat
too
passionate
,
advised
him
,
that
he
might
do
nothing
rash
and
cruel
,
whenever
he
found
himself
begin
to
be
angry
,
to
repete
the
Greek
Alphabet
,
that
his
suddain
Passion
being
diverted
,
it
would
in
a
short
time
cool
.
But
that
which
is
more
miraculous
and
unusual
,
he
grew
better
by
his
Prosperity
and
great
Victories
.
For
whereas
the
Tyrants
had
rob'd
the
Subjects
of
great
sums
of
Money
,
he
reimbursed
them
out
of
his
own
Exchequer
,
whereas
the
most
gentle
Princes
thought
it
enough
to
leave
them
their
bare
Estates
and
harrass't
Lands
.
But
now
as
for
smaller
Matters
,
and
things
acted
within
the
Court
,
which
because
they
are
more
secret
,
more
invite
Mens
curiosity
:
He
honored
his
Unkle
as
a
Father
,
his
Nephews
he
loved
as
Sons
,
he
was
a
Father
to
all
his
Relations
:
he
loved
neat
eating
,
but
hated
extravagance
.
He
was
facetious
in
his
discourse
,
but
so
as
to
keep
up
his
gravity
:
a
kind
Father
and
a
loving
Husband
:
moderate
in
his
exercise
which
was
chiefly
in
walking
at
leisure
times
,
he
govern'd
his
Appetite
by
his
Health
,
and
so
dy'd
in
Peace
at
Milan
in
the
50
th
year
of
his
Age.
This
is
the
Man
that
the
rude
Historian
is
not
ashamed
to
accuse
of
destroying
the
Roman
Common-Wealth
by
his
Luxury
,
Negligence
and
Oppression
,
both
without
giving
any
one
instance
of
any
of
those
Vices
,
and
against
his
own
history
,
by
which
it
is
evident
,
that
he
was
the
Saviour
of
the
Empire
.
But
Theodosius
was
a
true
lover
of
his
Religion
,
and
that
exasperated
the
Zeal
and
Malice
of
this
bigotted
Pagan
.
Insomuch
that
notwithstanding
the
unparallel'd
success
of
his
Arms
,
the
highest
Character
that
he
can
give
of
him
,
is
that
only
,
that
he
was
no
ill
Soldier
,
though
this
civility
he
soon
after
eats
again
,
by
saying
that
he
destroyed
the
military
Forces
and
brought
them
to
nothing
,
so
that
it
seems
he
vanquisht
all
his
Enemies
without
an
Army
,
or
which
is
as
likely
,
as
he
reports
it
,
that
he
conquer'd
all
the
Barbarians
by
their
own
Renegado's
without
any
Order
or
Discipline
.
After
him
succeed
his
two
Sons
,
Arcadius
in
the
East
,
and
Honorius
in
the
West
,
who
finding
things
so
well
settled
by
their
Father
,
it
was
enough
for
them
to
preserve
them
in
the
same
posture
,
in
which
they
found
them
.
But
though
he
had
pretty
well
quell'd
all
the
other
Hereticks
,
especially
the
Arian
spawn
,
yet
the
Donatists
in
Africk
had
escaped
his
just
severity
,
and
therefore
Honorius
undertakes
them
,
and
how
they
were
at
last
reduced
and
utterly
destroyed
,
we
have
already
seen
in
the
history
of
that
Schism
.
So
that
the
main
Transaction
of
this
reign
is
already
dispatch't
,
and
what
remains
,
will
not
require
much
difficulty
,
their
other
Ecclesiastical
Laws
being
for
the
most
part
only
ratifications
of
their
Fathers
Rescripts
,
and
by
their
persisting
in
the
same
way
of
Government
,
and
Theodosius
the
younger
following
in
the
same
track
,
they
brought
the
Church
to
a
better
settlement
,
than
it
ever
attain'd
in
any
other
Age.
And
in
the
first
place
,
Theodosian
Code
,
against
Hereticks
,
enacted
in
the
first
five
years
of
his
Reign
,
that
were
nothing
but
Enforcements
of
former
Rescripts
,
but
chiefly
his
Fathers
,
that
had
not
been
executed
through
the
negligence
or
treachery
of
Officers
.
His
first
Law
was
enacted
in
the
year
394
in
his
Father's
life-time
,
and
when
he
was
absent
in
the
War
against
Eugenius
,
and
the
occasion
of
it
was
the
connivance
of
the
Judges
,
as
he
declares
in
the
Law
it self
,
by
which
all
the
Imperial
Constitutions
were
defeated
and
in
effect
evacuated
.
Against
which
abuse
of
Government
,
this
Constitution
is
particularly
enacted
,
and
that
was
the
Calamity
of
the
Church
in
all
Ages
,
to
be
oppressed
by
the
Courtiers
at
home
,
and
betrayed
by
the
Judges
abroad
.
For
as
we
have
observed
,
that
after
the
disposal
of
Preferments
in
the
Church
came
into
the
Court
,
the
Eunuchs
under
careless
Princes
,
turn'd
the
Church
into
an
excise
of
Simony
;
so
't
is
observable
,
that
though
Laws
were
continually
enacted
against
all
sorts
of
Dissenters
and
Recusants
,
yet
it
was
the
complaint
of
every
Reign
,
that
they
lost
their
effect
by
the
remisness
or
dishonesty
of
the
under-Officers
,
who
cared
not
to
carry
any
thing
thorough
for
the
benefit
of
the
Church
,
but
when
they
saw
it
coming
to
any
Degree
of
settlement
,
they
let
fall
the
execution
of
those
Laws
,
by
which
it
might
have
been
brought
to
perfection
.
And
till
smart
Fines
and
Penalties
were
set
upon
the
heads
of
the
Governors
and
Judges
themselves
,
the
Imperial
Laws
in
behalf
of
the
Church
,
lost
the
force
of
their
obligation
,
and
that
was
the
true
Reason
why
most
of
the
Rescripts
of
the
former
Emperors
came
to
no
more
effect
,
because
their
Officers
cared
not
to
put
them
in
effectual
execution
.
And
though
they
durst
not
at
first
,
and
whil'st
they
were
fresh
,
wholly
slite
their
Authority
,
yet
in
time
,
when
ever
the
Emperors
were
diverted
to
other
thoughts
and
cares
,
they
let
them
sink
into
contempt
and
oblivion
.
And
that
was
the
true
reason
,
why
the
same
Emperors
were
forced
from
time
to
time
to
renew
the
same
Laws
,
and
of
this
Theodosius
himself
was
at
last
sensible
.
But
from
this
time
forward
that
these
young
Emperors
,
made
the
Judges
themselves
Parties
upon
the
Non-execution
of
any
of
their
Laws
,
they
had
their
true
force
and
did
their
business
,
and
by
this
method
they
vanquisht
that
stubborn
Schism
of
the
Donatists
,
De
Haereticis
l.
25.
that
had
for
so
many
years
bafled
all
the
Power
of
the
Empire
.
The
next
Law
of
Arcadius
was
made
at
his
first
entrance
upon
the
Government
,
by
which
he
confirms
all
his
Fathers
Rescripts
against
the
Hereticks
,
and
cancels
all
private
and
special
Indulgences
to
them
,
and
particularly
as
to
the
Eunomians
or
Anomaeans
he
revives
the
former
Law
of
Intestability
,
which
his
Father
a
little
before
his
death
upon
the
streight
of
Eugenius
his
Rebellion
,
had
revoked
.
Ecclesiastical
Order
.
Which
last
clause
was
probably
added
,
Whether
he
ought
to
be
comprehended
in
the
Catalogue
of
Hereticks
.
Yes
,
says
the
Emperor
,
if
he
be
not
a
Catholick
,
that
is
enough
:
It
concerns
not
us
to
inquire
into
his
particular
Fancy
,
his
meer
dissenting
,
be
the
difference
never
so
small
,
is
to
us
and
in
the
Eye
of
the
Law
,
Heresy
.
This
was
truly
Imperial
,
and
became
the
Greatness
of
a
Sovereign
Prince
.
He
knew
not
what
Euresius
was
,
nor
would
he
inquire
,
as
long
as
he
dissented
from
the
Catholick
Church
,
whatever
was
the
ground
of
his
Quarrel
,
it
was
all
one
to
his
Government
.
Now
the
singular
conceit
of
the
Luciferians
was
this
,
that
they
were
over-zealous
in
the
Catholick
Faith
to
the
subversion
of
Catholick
discipline
;
and
because
the
Catholick
Bishops
received
the
Heretical
Clergy
upon
their
repentance
to
communion
in
their
Clerical
Capacity
,
they
broke
off
Communion
with
them
.
So
that
though
they
were
in
propriety
of
Speech
only
Schismaticks
,
yet
the
Emperor
will
trouble
himself
with
none
of
those
Niceties
,
and
be
they
what
they
will
,
they
are
in
the
sense
of
his
Law
,
Hereticks
.
This
is
the
plain
meaning
of
this
intricated
Rescript
,
and
though
it
may
seem
somewhat
severe
to
punish
all
Opinions
alike
,
and
make
no
difference
between
the
least
and
the
greatest
Heresies
:
yet
if
we
consider
the
design
of
the
Imperial
Laws
,
they
can
make
none
,
for
it
is
the
Church
,
that
is
the
proper
Judg
of
the
Heresie
it self
,
so
as
to
proportion
the
Punishment
to
the
Crime
.
But
when
that
is
done
,
the
Civil
Power
only
comes
in
to
abet
its
Sentence
,
for
the
settlement
of
Peace
in
Church
and
State
.
That
is
his
proper
care
and
province
,
so
that
if
the
peace
of
either
be
any
way
broke
,
that
is
the
Crime
that
he
is
properly
concerned
to
punish
.
And
indeed
the
less
the
difference
,
the
greater
the
fault
,
for
what
it
wants
in
pretence
,
it
exceeds
in
peevishness
▪
and
that
is
of
all
others
the
rankest
Affront
to
Government
,
it
carries
open
contempt
in
the
Crime
,
't
is
disdain
as
well
as
disobedience
,
and
a
plain
spitting
in
the
very
face
of
Authority
.
The
same
year
this
young
Prince
issues
out
an
Order
to
Marcellus
the
Magister
Officiorum
,
Pecuniary
Mulct
upon
Clearchus
Prefect
of
Constantinople
to
whom
it
was
directed
,
and
upon
his
Under-Officers
,
that
had
hitherto
winked
at
such
illegal
Meetings
,
if
by
his
or
their
connivance
such
shufflings
with
the
Law
should
for
the
time
to
come
be
made
use
of
to
evacuate
its
Obligation
.
At
this
time
the
Eunomians
raised
new
Tumults
by
new
Divisions
among
themselves
:
Soc.
l.
5.
c.
24.
Soz.
l.
7.
c.
27.
One
Theophronius
having
got
a
little
smattering
in
Aristotles
Logick
,
set
up
a
new
Metaphysicks
of
his
own
,
and
was
opposed
by
Eurychius
an
illiterate
Trades-man
.
And
this
made
a
new
fewd
not
only
among
themselves
,
but
the
old
Eunomians
,
and
upon
it
the
Emperor
enacts
two
Rescripts
in
the
years
396
,
and
397
,
to
banish
all
their
Leaders
first
from
all
Cities
,
and
then
out
of
the
whole
Empire
,
or
as
they
express
it
,
c●●tibus
humanis
,
from
the
conversation
of
all
Mankind
.
So
endless
a
folly
is
metaphysical
nicen●ss
in
Divinity
,
if
once
indulged
the
wantonness
of
its
own
curiosity
.
And
upon
the
same
account
the
Macedonians
subdivided
into
two
new
Factions
,
Dorotheus
heading
one
,
and
Marianus
the
other
,
there
is
no
end
of
scabs
and
scratching
,
when
once
Men
are
over-run
with
the
itch
of
Disputation
.
de
Haereticis
,
are
his
Constitutions
against
that
Sect
,
of
which
we
have
had
an
account
already
.
§
.
XII
.
But
beside
these
Penal
Laws
against
Hereticks
,
Honorius
enacted
divers
Laws
of
Priviledg
to
the
Catholicks
:
No
wonder
then
if
(
as
the
Historians
observe
)
the
Hereticks
flockt
so
fast
into
the
Church
under
the
reign
of
these
two
Princes
,
Sozom.
l.
8.
c.
1.
when
they
followed
nothing
but
Sun-shine
and
Court-favor
.
And
therefore
seeing
that
these
Princes
were
resolved
to
tread
in
their
great
Fathers
steps
,
and
to
annex
the
Preferments
of
the
Church
to
the
Orthodox
Faith
,
they
had
no
other
hopes
left
,
than
to
tack
about
to
it
:
and
when
they
could
not
after
all
their
pains
make
the
Church
come
to
them
,
it
is
not
to
be
supposed
that
Gentlemen
of
their
yielding
and
waxen
temper
,
would
be
so
stout
as
not
to
bend
to
that
.
And
so
at
length
this
powerful
Faction
,
that
had
so
long
imbroil'd
the
Christian
World
with
Wars
and
Tumults
of
Wars
from
the
very
time
of
Constantine
the
Great
,
now
began
to
forsake
themselves
.
And
those
very
few
that
stuck
to
the
Cause
rather
out
of
peevishness
than
Principle
,
relyed
only
upon
their
remains
of
Court
Interest
for
their
support
,
as
we
are
informed
by
Synesius
concerning
some
of
them
that
came
into
his
little
Diocess
of
Ptolemais
,
Tuition
:
i.
e.
that
they
defend
and
protect
the
Priviledges
of
the
Church
against
all
Invasions
,
and
if
it
were
requisite
from
Violence
.
And
therefore
this
Office
was
both
Civil
and
Military
.
Civil
Tuition
was
the
standing
Office
of
the
Civil
Magistrate
to
protect
the
Church
in
its
Priviledges
:
The
Military
was
a
lawful
Guard
allowed
by
the
Civil
Magistrate
to
defend
any
Publick
Assembly
from
violence
,
〈…〉
l.
6.
i.
e.
those
Officers
that
carried
away
the
Tribute
Corn
from
other
Places
to
Rome
or
Constantinople
,
who
were
constrain'd
to
have
Guards
for
their
defence
against
the
fury
of
the
hungry
Rabble
:
and
to
the
Christian
Churches
to
protect
them
from
the
Assaults
and
Outrages
of
Hereticks
,
though
this
was
rarely
put
in
Execution
anywhere
but
in
Africa
,
where
it
was
necessary
to
defend
the
Christian
Assemblies
against
the
Troops
of
the
Circumcellians
.
De
Episcopis
l.
31.
And
this
Emperor
was
at
last
forced
to
restrain
their
fanatick
Violence
by
Capital
punishments
,
requiring
withal
of
all
his
Officers
to
put
it
in
execution
by
vertue
of
their
Office
without
the
Complaint
or
Information
of
the
Bishop
,
because
his
Function
obliged
him
to
acts
of
Mercy
;
and
if
the
Offenders
made
any
resistance
,
they
were
impowr'd
to
fall
upon
them
with
the
Emperors
Forces
,
whose
assistance
they
were
by
this
Rescript
authorised
to
demand
in
his
Majesty's
Name
.
This
was
a
brisk
Law
,
but
nothing
more
gentle
than
this
,
could
make
any
impression
upon
Men
of
their
temper
and
bloody
Principles
.
And
here
the
clause
commanding
the
Officers
to
proceed
against
them
without
staying
for
the
Bishops
complaint
,
cui
sanctitas
ignoscendi
solam
gloriam
reliquit
,
is
very
remarkable
,
because
it
becomes
Bishops
in
such
Cases
to
spare
Mens
lives
,
De
Episcopis
l.
30.
But
to
proceed
,
in
the
year
397
,
he
publishes
a
Law
against
the
Mutilation
of
the
Priviledges
of
the
Church
,
and
this
the
Emperors
were
often
forced
to
do
,
because
thir
Officers
and
Governors
were
apt
to
oppress
them
.
Especially
where
the
Church
was
wealthy
,
and
the
Governors
heathen
,
as
Theodorus
was
to
whom
this
Rescript
was
directed
,
they
were
very
forward
to
hook
them
in
towards
bearing
their
share
in
those
publick
burthens
,
from
which
they
were
exempted
by
Law
.
And
in
the
year
399
the
same
Law
is
repeated
with
a
pecuniary
Mulct
,
Ibid.
l.
34.
not
only
upon
the
Offender
that
commits
the
Crime
,
but
upon
the
Judg
that
connives
at
it
.
De
Religione
l.
1.
And
in
the
same
year
another
Rescript
is
publisht
to
refer
Ecclesiastical
Causes
to
the
Ecclesiastical
judgment
,
but
contentious
about
Civil
Rights
to
the
Secular
Courts
.
And
there
are
many
more
Laws
of
the
same
strein
in
the
Imperial
Code
,
the
meaning
whereof
is
,
not
wholly
to
limit
the
Judgment
of
all
Ecclesiastical
Causes
to
the
Church
,
and
of
all
Civil
Causes
to
the
Secular
Courts
,
because
most
Causes
,
as
I
have
shewn
above
,
appertain
to
both
:
But
their
plain
intention
is
,
that
Causes
purely
Ecclesiastical
,
or
Offences
against
the
Canons
,
Rubricks
and
Orders
of
the
Church
,
for
the
preservation
of
Peace
and
Decency
,
or
Offences
against
the
Rule
of
Faith
,
shall
be
judged
by
the
Church
alone
,
and
as
for
civil
Controversies
,
they
are
to
receive
their
decision
only
from
Civil
Courts
.
For
the
final
power
of
Decision
,
is
all
the
Authority
that
can
be
used
in
that
case
,
but
though
the
Church
has
none
of
that
,
yet
it
has
a
Power
to
judg
of
the
same
Actions
,
as
far
as
they
concern
the
Laws
of
their
Religion
,
or
as
Theodosius
the
younger
expresses
it
,
Christianam
sanctitatem
.
And
though
when
one
Man
stands
convict
of
having
defrauded
another
,
they
have
not
Power
to
right
the
Person
wronged
,
or
to
inforce
a
Restitution
,
yet
they
have
a
Power
to
pass
sentence
upon
the
injury
as
a
breach
of
the
Christian
Law
,
and
that
sentence
will
have
its
effect
.
So
that
though
they
have
not
a
Civil
Authority
in
Civil
Causes
,
yet
they
have
an
Ecclesiastical
,
that
is
distinguisht
not
by
the
Matter
,
but
the
Penalty
of
the
Law
.
But
the
true
and
proper
meaning
of
these
Laws
is
best
understood
by
the
occasion
upon
which
they
were
enacted
,
and
the
occasion
of
this
was
,
that
the
Emperors
had
impowr'd
Bishops
to
decide
Controversies
by
arbitration
and
the
consent
of
Parties
,
which
they
in
process
of
time
challenge
as
their
right
,
and
derive
their
Authority
for
it
,
from
Apostolical
Law
,
as
was
done
by
the
African
Fathers
at
this
time
,
petitioning
the
Emperor
,
That
if
any
Persons
will
choose
to
have
their
Controversies
decided
by
the
Church
,
Cod.
African.
59.
To
which
Petition
the
Emperor
returns
this
Law
as
a
just
denyal
,
though
that
neither
does
,
nor
can
take
away
their
Power
of
Ecclesiastical
Censures
,
that
they
received
from
our
Saviour
,
but
of
civil
Decision
that
was
granted
them
by
the
favor
and
indulgence
of
Princes
,
and
when
once
they
pretended
to
an
higher
Commission
for
it
,
it
was
but
time
to
clip
their
pretences
.
De
Episcopis
,
l.
35.
But
in
the
year
400
he
publisht
a
very
remarkable
Rescript
in
defence
of
the
true
power
and
discipline
of
the
Church
against
all
Appeals
from
their
Sentence
even
to
the
Imperial
Throne
it self
Whoever
shall
be
deposed
from
his
Office
in
the
Church
by
a
Synod
of
Bishops
,
if
he
shall
presume
against
the
modesty
of
the
Church
,
and
the
Peace
of
the
Empire
,
to
resume
that
Office
to
himself
,
from
which
he
is
deposed
,
he
shall
according
to
the
Law
of
Gratian
of
blessed
Memory
,
be
banisht
an
hundred
Miles
from
the
City
that
he
infested
,
for
it
is
but
fit
that
he
should
be
banisht
their
Assemblies
,
who
is
cut
off
from
their
Society
.
And
be
it
farther
enacted
by
the
force
of
this
Law
,
That
no
such
Persons
apply
themselves
to
our
Secretaries
to
procure
our
Rescripts
in
their
behalf
,
and
if
they
shall
by
stealth
obtain
any
,
all
Rescripts
granted
to
such
Persons
as
are
deposed
from
their
Priesthood
,
are
hereby
declared
null
and
void
.
And
lastly
let
such
Persons
,
upon
whose
favor
they
relie
,
take
notice
,
that
they
shall
not
escape
the
punishment
due
to
such
as
shall
undertake
the
protection
of
such
Men
,
as
are
already
cast
by
the
judgment
of
God
.
This
Law
of
stopping
all
Appeals
from
the
Church
,
was
of
all
others
most
necessary
for
the
preservation
of
discipline
in
it
,
and
therefore
it
was
always
with
greatest
care
establisht
by
the
Canons
against
all
Invasions
,
and
observed
with
the
greatest
tenderness
by
all
the
wisest
Emperors
.
And
we
have
seen
through
the
whole
series
of
this
History
,
that
from
the
very
time
that
Princes
took
upon
them
the
protection
of
the
Church
,
the
only
thing
that
debaucht
and
defeated
the
Efficacy
of
its
Discipline
,
was
Church-mens
taking
sanctuary
at
Court
against
the
Authority
of
their
Superiors
.
And
the
mischiefs
of
this
abuse
having
been
so
often
experienced
,
it
was
but
high
time
to
take
it
quite
away
,
insomuch
that
the
Emperor
was
pleased
to
tye
up
his
own
hands
from
untying
any
sentence
of
the
Church
.
As
for
the
occasion
of
this
Law
,
there
are
many
conjectures
about
it
,
but
I
think
the
most
probable
is
that
of
Gothofred
,
that
it
was
made
at
the
Petition
of
the
African
Fathers
,
who
were
actually
sitting
at
that
time
to
restore
the
ancient
and
effectual
discipline
of
the
Church
,
and
reform
the
Abuses
and
Corruptions
that
were
crept
or
were
creeping
into
it
,
and
so
among
others
,
implore
the
Emperor
that
he
would
be
pleased
to
stop
all
ways
of
appeal
to
Persons
that
stood
legally
condemn'd
by
the
sentence
of
the
Church
,
and
to
injoin
this
to
all
his
Officers
,
as
they
word
it
,
interpositâ
poenâ
damni
pecuniae
atque
honoris
.
And
this
Petition
the
Emperor
grants
with
that
frankness
,
as
to
take
away
this
abused
Power
of
Appeals
,
not
only
from
his
Judges
,
but
himself
,
and
damn
their
Authority
by
this
Rescript
once
for
all
and
for
ever
.
In
the
year
401
he
exempts
those
of
the
Clergy
,
De
Episcopis
l.
36.
that
were
forced
to
trade
to
get
a
Lively-hood
,
from
the
payment
of
all
Customs
,
the
same
Law
that
was
made
by
Constantius
in
the
year
343.
So
that
it
seems
the
Church
was
not
as
yet
indowed
with
sufficient
Revenues
to
maintain
it self
,
when
some
of
the
Clergy
were
forced
to
traffick
for
bread
.
Thô
they
were
afterward
forbidden
all
manner
of
Trade
by
Valentinan
the
third
,
De
Episcopis
l.
38.
but
he
grants
them
a
new
sort
of
Tuition
,
viz.
Secular
Advocates
for
the
management
of
all
their
Secular
Affairs
,
but
lest
by
this
means
the
Church
should
be
cheated
by
these
Trustees
,
the
Bishops
of
the
Province
are
required
to
survey
their
Accounts
.
This
Law
was
made
at
the
Petition
of
the
African
Fathers
in
the
fourth
Council
of
Africa
,
and
is
extant
in
their
Code
Canon
97.
And
it
was
done
for
this
end
,
that
the
Clergy
might
not
be
forced
to
appear
in
Law-Courts
,
and
leave
their
Functions
to
follow
Law-Suits
.
And
this
is
the
first
time
that
Lay-men
were
taken
into
the
concerns
of
the
Church
,
and
that
not
to
intermeddle
with
any
thing
of
its
discipline
and
jurisdiction
,
but
only
as
their
Stewards
and
Solicitors
.
And
this
Emperor
was
so
kind
to
them
,
as
to
follow
this
Rescript
with
another
,
De
denunc
.
Rescript
.
l.
7.
commanding
that
the
Advocates
of
the
Church
should
be
put
to
no
delays
in
the
Common-Law-Courts
,
but
admitted
to
Audience
at
their
first
appearance
.
De
Episcopis
l.
40.
In
the
year
412
he
recites
the
particular
Priviledges
granted
to
the
Clergy
,
and
commands
all
his
Officers
to
keep
them
inviolable
upon
pain
of
perpetual
Banishment
.
The
Priviledges
he
enumerates
are
these
six
,
(1)
Exemption
from
Offices
.
(2)
From
repairing
of
High-ways
.
(3)
From
extraordinary
Taxes
.
(4)
From
building
of
Bridges
.
(5)
From
maintaining
the
publick
Carriages
.
(6)
From
the
Gold-Contribution
,
which
was
a
particular
Tax
imposed
at
that
time
.
In
short
they
were
excused
from
all
Payments
but
their
Canonical
Tribute
,
the
rate
of
which
was
known
,
and
customary
.
For
their
Lands
were
never
exempt
from
Taxes
,
and
the
proportion
that
they
paid
was
call'd
the
Canonical
Contribution
,
and
whatever
Officer
demanded
more
than
their
standing
rate
,
he
was
by
this
Rescript
banisht
for
ever
as
a
sacrilegious
Person
.
In
the
same
year
he
publishes
another
Rescript
,
forbidding
the
accusation
of
Clergy-men
before
any
Judg
but
the
Bishops
,
Ibid.
l.
41.
and
if
any
Person
of
what
degree
and
quality
soever
,
shall
bring
an
Indictment
against
them
,
and
be
not
able
to
make
it
good
,
he
shall
be
branded
with
publick
Infamy
,
as
the
Person
accused
must
have
been
,
if
found
guilty
.
This
Rescript
notwithstanding
its
general
words
that
the
Clergy
ought
to
be
accused
before
the
Bishops
and
not
else
where
,
the
Lawyers
will
have
to
be
understood
of
Ecclesiastical
and
not
Civil
Crimes
,
but
this
proceeds
from
their
common
Prejudice
,
that
I
have
noted
above
,
that
only
Ecclesiastical
Offences
fall
under
the
Judicature
of
the
Church
,
but
Civil
and
Political
Crimes
are
restrain'd
to
the
cognisance
of
the
State
,
whereas
both
are
punishable
by
both
,
with
those
different
Penalties
that
are
proper
to
the
different
Jurisdictions
.
And
as
for
this
Law
in
particular
,
it
cannot
be
understood
of
any
other
but
Civil
Crimes
,
and
this
is
evidently
proved
by
those
very
Arguments
,
that
are
alledged
by
Gothofred
himself
to
appropriate
it
to
Ecclesiastical
Miscarriages
.
First
that
they
are
such
Crimes
as
are
punisht
by
the
shame
of
Deposition
,
and
therefore
most
properly
Civil
Crimes
,
for
there
were
very
few
Ecclesiastical
Offences
so
great
,
as
to
deserve
so
high
a
Punishment
,
and
those
few
that
did
so
,
as
in
the
case
of
Schism
and
Heresy
,
were
always
appropriated
to
the
Ecclesiastical
Judicature
,
before
this
Rescript
,
and
therefore
not
by
it
.
And
this
appears
more
pregnantly
from
his
second
reason
,
the
cause
of
enacting
this
Law
,
viz.
that
Lay-men
and
even
Persons
of
the
greatest
Quality
,
being
apt
upon
slite
provocations
to
bear
spite
to
the
Clergy
,
would
be
apt
enough
to
way-lay
their
Reputation
with
popular
defamations
and
false
reports
.
So
that
the
apparent
design
of
the
Law
was
to
prevent
these
scandalous
Informations
,
before
the
Secular
Judges
,
and
restrain
them
from
so
much
as
taking
them
,
till
they
had
been
first
examin'd
by
the
Ecclesiastical
Judicature
.
And
in
the
last
place
this
is
still
more
evident
from
the
particular
occasion
of
this
Law
,
that
Heros
a
worthy
Man
Bishop
of
Arles
had
been
thrust
out
by
Constantius
a
great
Court-Officer
there
▪
and
afterwards
Emperor
for
six
Months
,
upon
a
tumultuary
Accusation
and
Patroclus
an
infamous
Person
placed
in
his
stead
,
and
therefore
to
prevent
the
like
Disorders
for
the
time
to
come
,
it
was
but
seasonable
to
enact
this
Law
,
to
restrain
Secular
Governors
from
receiving
accusations
against
the
Clergy
,
till
they
have
been
first
heard
by
the
Provincial
Synod
.
So
that
this
Law
does
not
exempt
the
criminal
Actions
of
the
Clergy
from
the
Civil
Courts
,
as
Gothofred
imagines
,
when
he
objects
that
it
is
against
the
Jus
Commune
,
but
only
limits
the
exercise
of
their
Jurisdiction
,
viz.
that
they
neither
receive
nor
proceed
in
such
Causes
,
till
the
Judgment
of
the
Church
had
been
pass't
upon
them
,
and
after
that
,
they
were
at
liberty
to
punish
them
according
to
Law
.
This
is
the
fairest
and
most
ingenuous
sense
that
I
can
make
of
this
Law
.
These
are
the
chief
Laws
of
these
Emperors
in
the
Church
,
the
Penal
Laws
against
the
Hereticks
,
and
the
Laws
of
Priviledg
to
the
Catholicks
.
§
.
XIII
.
But
beside
these
,
there
were
divers
others
enacted
either
to
abet
the
Discipline
of
the
Church
,
by
removing
Abuses
that
were
crept
in
upon
its
ancient
Constitutions
,
or
by
backing
its
present
Decrees
with
the
Imperial
Authority
.
Or
else
to
set
in
order
such
Matters
of
Religion
,
that
though
they
related
to
the
Church
,
were
yet
without
its
Jurisdiction
,
i.
e.
those
Laws
that
concern
Jews
.
Heathens
and
Apostates
,
in
all
which
they
followed
the
example
of
their
Royal
Father
Theodosius
.
And
first
they
take
care
of
the
due
and
regular
Ordination
of
the
Clergy
.
Constantine
the
Great
had
been
forced
to
forbid
his
Officers
both
Civil
and
Military
to
be
admitted
into
Holy
Orders
,
and
the
same
Decree
was
frequently
renewed
by
his
Successors
,
with
alterations
and
limitations
as
the
Prince
thought
most
convenient
for
the
present
time
,
that
the
State
might
not
be
defrauded
or
indamaged
by
too
much
bounty
to
the
Church
,
and
when
Men
flockt
so
fast
into
it
,
it
was
but
requisite
to
lock
its
doors
upon
such
as
were
already
useful
to
the
Common-Wealth
.
Which
Constantine
did
with
a
peremptory
and
universal
Law
,
but
Valentinian
the
first
with
this
limitation
,
That
any
Person
,
who
had
an
Office
in
the
State
,
might
be
admitted
into
the
Church
,
so
that
he
provided
an
able
Person
to
supply
his
former
Office
.
But
before
this
time
the
Priviledg
of
Clergy
had
taken
place
,
and
the
Bishop
was
impowr'd
to
redeem
any
Criminal
from
Justice
,
or
Debtor
from
Goal
,
if
he
judged
him
qualified
for
doing
Service
in
the
Church
,
that
was
grown
into
such
an
abuse
,
that
the
Monks
took
them
away
by
force
and
tumult
,
to
the
hindrance
of
Publick
Justice
,
and
the
subversion
of
private
Mens
rights
.
For
when
they
were
once
enter'd
into
a
Monastery
or
into
Orders
,
their
Crimes
were
cancel'd
and
their
Debts
paid
,
to
redress
which
abuse
Arcadius
enacts
a
severe
Law
in
the
year
398
,
[
*
](A56397-e22160-b)
*
Ibid
l.
15.
Theodosius
had
done
before
him
,
against
these
violent
interpositions
of
the
Monks
,
and
threatens
the
Bishops
that
if
any
such
Riots
were
made
by
the
Monks
under
their
Jurisdictions
,
De
Episcopis
l.
32.
and
not
punisht
by
them
,
the
fault
should
lye
at
their
Doors
,
and
commands
them
for
the
time
to
come
,
that
whenever
they
wanted
Clerks
,
they
should
take
them
from
the
Colledges
of
Monks
,
if
they
found
them
clear
of
all
Debts
both
Publick
and
Private
,
otherwise
as
they
ought
not
to
have
been
admitted
into
the
Monasteries
,
so
he
now
commands
that
they
shall
not
be
adm●tted
into
Orders
.
And
this
Law
was
but
agreeable
to
the
Constitution
of
things
in
those
Times
,
when
the
Monasteries
,
as
now
our
Universities
,
were
the
proper
Seminaries
of
the
Church
.
These
Laws
,
viz
l.
16
de
paenis
,
and
l.
32.
de
Episcopis
,
were
at
first
but
one
,
however
they
came
afterward
to
be
distracted
,
and
placed
under
such
distant
Titles
,
and
therefore
the
first
breaks
off
with
an
&c.
where
the
second
begins
,
thus
.
Ex
quor●m
[
Monachorum
]
numero
rectius
,
si
quos
sortè
sibi
deesse
arbitrantur
,
Clericos
ordinabunt
,
&c.
With
which
Words
the
second
Law
begins
,
and
then
adds
,
non
obnoxios
publicis
privatisque
rationibus
cum
invidiâ
teneant
,
sed
habeant
jam
probatos
.
Now
both
Laws
being
join'd
together
,
their
history
and
their
use
are
very
apparent
,
but
when
separated
,
it
is
difficult
to
find
out
their
meaning
,
especially
of
the
latter
,
that
was
only
made
in
pursuance
of
the
former
.
To
both
which
ought
to
be
added
the
third
Law
in
the
Title
de
his
qui
ad
Ecclesias
confugiunt
,
by
which
the
Priviledg
of
Protection
by
the
right
of
Ecclesiastical
Immunity
is
utterly
stopt
up
to
all
Persons
ingaged
in
publick
or
private
Debts
,
which
I
think
was
as
necessary
a
piece
of
Reformation
,
as
the
former
part
of
the
Law
against
the
Tumults
of
the
Monks
.
For
what
can
be
a
greater
dishonor
to
the
Church
,
than
to
be
turn'd
into
a
Sanctuary
against
Common
Justice
?
Though
most
Men
are
very
much
offended
at
the
unkindness
of
the
Law
,
and
the
Historians
remark
an
unlucky
Judgment
upon
the
Author
of
it
,
Eutropius
,
at
that
time
in
high
favor
with
the
Emperor
,
but
soon
after
falling
into
disgrace
,
he
was
the
first
Man
upon
whom
it
was
executed
,
flying
for
Sanctuary
to
the
Church
of
Constantinople
,
and
hiding
himself
under
the
Communion
Table
,
in
which
posture
he
was
in
an
elegant
,
but
I
doubt
,
a
very
unseasonable
Oration
,
rated
and
upbraided
by
St.
Chrysostom
for
his
rudeness
to
the
Church
,
and
so
is
dragg'd
out
by
the
heels
,
and
immediately
hal'd
to
Execution
,
and
as
Sozomen
adds
,
his
Law
was
immediately
abrogated
and
erased
out
of
the
Publick
Register
.
But
that
is
one
of
his
many
dreams
,
when
we
find
it
carefully
recorded
and
confirm'd
for
ever
by
the
Emperor's
Son
in
the
Theodosian
Code
.
Ibid.
l.
2.
And
a
Law
not
unlike
this
we
find
in
the
same
Title
made
the
year
before
against
the
Ecclesiastical
protection
of
Jews
from
their
Creditors
,
upon
their
pretence
of
conversion
to
the
Christian
Faith
:
which
it
seems
was
a
common
cheat
at
that
time
,
for
which
reason
there
are
divers
Imperial
Laws
to
prevent
it
,
and
command
the
Clergy
to
receive
no
Converts
,
till
they
have
clear'd
themselves
of
all
Crimes
and
Debts
:
a
very
good
Rule
,
and
an
Example
worthy
the
imitation
of
our
Church
.
De
Episcopis
l.
33.
The
next
Rescript
is
of
a
peculiar
strein
,
and
too
strict
out
of
his
over-great
care
to
prevent
Confusion
,
viz.
that
wherever
there
are
Churches
in
Villages
,
the
Clerks
that
serve
them
,
shall
not
be
ordein'd
from
other
Villages
,
but
out
of
that
Village
where
the
Church
is
,
in
which
they
Officiate
,
lest
thereby
they
rob
their
Neighbors
.
What
particular
Reason
he
had
to
enact
this
Law
at
that
time
I
know
not
,
but
it
looks
very
odd
and
severe
,
that
every
Village
must
be
supplied
with
a
Pastor
out
of
it self
;
and
not
very
wise
,
when
our
Savior's
observation
is
so
very
true
,
That
a
Prophet
has
least
honor
in
his
own
Country
,
and
it
is
evident
that
every
Preacher
has
least
Authority
in
his
native
Place
,
where
the
Vices
and
the
Follies
of
his
youth
are
remembred
.
And
therefore
I
cannot
but
think
it
would
have
been
somewhat
a
wiser
Law
rather
to
have
restrain'd
all
Men
from
accepting
a
Benefice
in
the
Place
of
their
Nativity
.
His
next
Rescripts
are
made
in
the
particular
case
of
St.
Chrysostom
,
who
being
deposed
from
his
Bishoprick
of
Constantinople
by
the
Council
sub
quercu
,
and
that
as
I
have
elsewhere
proved
,
too
justly
for
so
good
a
Man
;
the
sentence
was
ratified
by
the
Emperor
,
and
because
the
People
raised
Tumults
upon
it
,
he
is
banisht
,
and
the
very
same
day
happens
a
great
fire
at
Constantinople
,
that
burnt
down
both
the
Cathedral
and
the
Senate-house
.
This
is
laid
to
the
Johannites
,
as
they
nick-named
the
followers
of
St.
Chrysostom
;
and
upon
it
many
of
the
Clergy
are
imprison'd
for
suspicion
of
the
Fact
,
but
no
proof
being
found
against
them
by
the
Prefect
Studius
,
the
Emperor
directs
a
Rescript
to
him
to
set
them
at
liberty
,
De
Episcopis
l.
37.
to
give
over
all
farther
Inquisition
after
the
fire
,
to
prevent
all
Meetings
and
Conventicles
of
Chrysostom's
Faction
,
and
to
banish
all
out
lying
or
rather
trespassing
Bishops
and
Clerks
from
the
City
,
who
had
in
great
numbers
resorted
thither
from
all
Parts
to
join
in
with
the
Factions
,
and
by
that
means
the
Tumults
were
raised
to
that
height
,
that
the
Emperor
was
forced
to
command
their
expulsion
for
the
preservation
of
the
Publick
Peace
.
But
though
this
seasonable
Banishment
of
the
forrein
Clergy
slaked
,
yet
it
broke
not
up
the
fury
of
the
Tumults
,
that
were
partly
kept
up
by
the
Inhabitants
of
the
City
,
and
partly
by
the
expulsed
Mutineers
in
other
Parts
of
the
Empire
,
and
therefore
it
is
followed
with
other
Laws
to
suppress
both
.
And
first
all
Sword-men
are
forbidden
to
frequent
the
Conventicles
of
the
Johannites
under
pain
of
cashiering
and
Proscription
of
Goods
,
pecuniary
Mulct
upon
their
Masters
,
Ibid
l.
5.
and
the
Bankers
,
and
all
Members
of
the
City-Companies
,
with
a
round
Fine
upon
the
Company
that
sufferd
such
Members
.
And
because
the
Clergy
that
were
banisht
Constantinople
,
set
up
their
Conventicles
,
especially
in
Thrace
,
Egypt
,
and
the
East
(
properly
so
called
)
a
third
Rescript
is
issued
out
,
That
all
Persons
should
be
expell'd
all
Churches
,
who
refused
to
communicate
with
Arsacius
,
Theophilus
and
Porphyrius
,
the
three
sovereign
Bishops
of
those
Diocesses
,
Arsacius
of
Constantinople
for
Thrace
,
Theophilus
of
Alexandria
for
Egypt
,
and
Porphyrius
of
Antioch
for
the
East
.
Under
the
Title
of
Apostates
we
have
but
one
Law
in
this
Reign
,
and
that
was
enacted
by
Arcadius
upon
the
punishment
of
Intestability
,
De
Apostatis
l.
7.
as
was
done
by
Theodosius
the
Great
;
but
this
Law
of
Arcadius
was
made
with
so
many
favourable
concessions
,
that
it
seems
to
have
been
contrived
for
no
other
end
,
than
to
take
away
the
severity
of
the
fo●mer
Theodosian
Law
.
For
whereas
that
takes
away
all
disposal
of
their
Estates
,
this
allows
the
settlement
,
if
made
upon
Father
or
Mother
,
Son
or
Daughter
,
Brother
or
Sister
,
Neece
or
Nephew
,
but
no
farther
,
and
that
was
far
enough
,
for
Men
were
seldom
without
some
of
these
Relations
,
and
when
they
had
them
,
they
as
seldom
cared
to
settle
their
Fortunes
upon
any
other
Persons
.
But
he
was
much
more
kind
to
the
Jews
,
taking
upon
himself
the
Patronage
of
their
old
Priviledges
and
granting
new
ones
.
De
Judaeis
l.
10.
His
first
Law
gives
Authority
to
their
Governors
to
set
Market-prizes
upon
their
Goods
,
because
the
Christian
Officers
out
of
hatred
to
the
Jews
set
their
Prizes
so
low
,
that
they
took
away
their
lawful
Gains
.
His
next
forbids
all
contumelious
language
in
publick
against
their
Patriarchs
.
His
third
commands
all
his
Governors
of
Provinces
to
protect
them
and
their
Synagogues
from
all
violence
of
the
People
.
Ibid
l.
●1
.
Constantine
,
Constantius
,
de
Ju●isdictione
l.
10.
if
both
Parties
consented
to
it
,
enacted
the
same
year
,
in
which
he
granted
the
same
Power
to
Christian
Bishops
.
But
as
indulgent
as
Arcadius
was
to
them
in
the
East
,
they
were
at
first
treated
ruggedly
enough
by
Honorius
in
the
West
,
De
Judaeis
l.
14.
who
first
of
all
forbid
the
payment
of
the
Crown-gold
to
the
Patriarch
of
the
Jews
and
his
Apostles
,
i.
e.
his
Assessors
,
where
he
resided
,
and
the
Collectors
of
it
in
the
several
Provinces
.
This
Tribute
had
been
ever
paid
from
the
destruction
of
Jerusalem
,
though
it
is
now
intercepted
by
Honorius
with
expressions
of
high
displeasure
:
He
calls
it
a
cheat
,
and
the
Patriarch
a
Thief
,
and
orders
his
Apostles
to
be
punisht
by
his
Judges
as
Pick-pockets
.
But
all
this
was
done
more
out
of
spite
to
his
Brother
Arcadius
than
to
the
Jews
;
for
the
two
Brothers
had
first
by
the
instigation
of
Rufinus
,
and
afterward
of
Eutropius
Consul
this
year
,
conceived
a
mortal
hatred
against
each
other
,
and
therefore
because
the
Patriarch
of
the
Jews
resided
in
the
Eastern
Empire
under
the
Government
of
Arcadius
,
Honorius
thought
it
unworthy
his
Majesty
(
as
he
declares
in
his
Rescript
)
to
suffer
one
of
his
Brothers
Subjects
to
exercise
so
high
a
Power
over
his
Subjects
as
to
impose
Taxes
and
Tributes
upon
them
.
And
for
the
same
reason
when
Arcadius
granted
the
Jewish
Clergy
exemption
from
all
Offices
in
the
year
398
,
Honorius
forbids
the
execution
of
that
Law
within
his
Dominions
as
prejudicial
to
his
Government
,
De
Decurionibus
l.
158.
and
commands
them
,
and
all
Men
of
whatsoever
condition
,
to
undergo
their
share
of
the
publick
Burthens
.
And
therefore
five
years
after
,
viz.
in
the
year
404
,
when
the
Brothers
were
reconciled
,
De
Judaeis
l.
17.
Honorius
in
token
of
his
Reconciliation
cancels
this
Rescript
,
and
restores
them
to
this
and
all
the
other
Priviledges
,
that
had
been
granted
them
by
any
of
his
Predecessors
,
and
from
this
time
forward
he
was
the
most
indulgent
of
all
the
Emperors
to
the
Jews
.
But
his
next
Law
is
of
a
peculiar
Nature
,
against
a
certain
new
Sect
of
Jews
,
that
he
calls
Caelicolae
in
the
year
409
,
De
Judaeis
l.
19.
commanding
them
,
because
they
pretended
to
be
Christians
,
to
join
Communion
with
the
Catholick
Church
within
a
years
time
,
otherwise
to
be
obnoxious
to
all
the
Laws
against
Hereticks
,
and
forbids
them
making
any
Converts
for
the
time
to
come
,
as
they
would
not
incur
the
guilt
of
High-Treason
.
Now
what
these
Caelicolae
were
,
or
why
so
named
,
't
is
difficult
to
find
,
because
we
no
where
meet
with
any
mention
of
them
but
in
this
Emperor's
time
,
nor
any
description
of
them
,
but
in
this
Rescript
,
unless
once
in
St.
Austin
,
as
Gothofred
observes
,
and
though
it
is
found
in
Justinian
in
the
Law
of
Constantius
against
the
Jews
,
yet
as
he
observes
,
it
must
have
been
foisted
in
afterward
from
this
Law
,
because
we
hear
of
no
such
Sect
any
where
else
till
this
time
,
and
Honorius
never
mentions
them
but
with
the
Title
of
a
new
up-start
Sect.
And
as
for
the
other
two
Laws
in
which
they
occurr
,
viz.
43
d
and
44
th
de
Haereticis
,
he
only
names
them
in
the
rout
of
other
Hereticks
,
and
therefore
all
that
can
be
guessed
at
them
,
is
from
this
Law
,
where
they
are
described
to
be
pretenders
to
Christianity
,
but
Jews
in
reality
.
So
that
they
seem'd
to
have
been
a
sort
of
Mongrel
Christians
,
such
as
the
Nazarites
were
of
old
,
confounding
both
Religions
together
,
and
observing
the
Sacraments
of
both
,
i.
e.
they
were
both
circumcised
as
Jews
,
and
baptised
as
Christians
,
being
such
another
hotch-potch
out
of
both
Religions
,
as
was
afterward
made
by
Mahumetanism
.
But
how
the
name
of
Caelicolae
came
to
be
appropriated
to
them
,
I
cannot
find
the
least
foot-step
for
a
probable
conjecture
.
How
the
Name
came
to
be
in
former
Times
given
to
the
Jewish
Nation
in
general
,
I
am
pretty
well
satisfied
,
viz.
not
allowing
any
Images
and
Representations
of
the
Deity
,
they
were
Sarcastically
represented
by
the
heathen
Poets
,
as
if
they
had
address't
all
their
Devotions
to
the
Clouds
and
Sky
.
But
how
it
came
to
be
appropriated
to
this
particular
Sect
as
distinct
from
the
other
Jews
,
I
believe
is
scarce
capable
of
a
guess
,
there
being
no
other
Record
of
them
,
than
what
I
have
mention'd
,
in
which
we
only
find
the
Name
,
but
no
reason
of
it
,
and
as
the
Sect
began
,
so
it
ended
under
this
Reign
;
for
we
hear
no
more
of
it
,
whether
it
sunk
by
its
own
absurdity
,
or
the
severity
of
the
Law
against
it
.
De
Judaeis
l.
20.
His
next
Rescript
to
the
Jews
in
the
year
412
is
a
confirmation
of
all
their
ancient
Priviledges
,
in
the
free
use
of
their
Sabboths
,
their
Synagogues
,
their
Festivals
,
and
all
the
other
Rites
of
their
Religion
.
Of
the
same
nature
and
to
the
same
purpose
,
is
his
third
Law
under
the
Title
de
feriis
,
and
the
eighth
under
the
Title
de
Executoribus
,
and
were
no
doubt
but
one
and
the
same
Law
at
first
,
as
divers
others
were
,
though
afterwards
torn
into
several
Parcels
,
to
reduce
them
to
their
proper
heads
,
by
the
Collectors
of
the
Code
.
There
remains
but
one
Law
more
of
this
Emperor
under
this
Title
enacted
in
the
year
416
,
De
Judaeis
l.
23
▪
and
that
is
to
redress
that
common
abuse
of
counterfeit
Converts
to
Christianity
from
among
the
Jews
,
only
to
avoid
their
Crimes
and
their
Debts
,
commanding
all
his
Governors
to
seek
out
all
such
Impostors
in
all
Places
,
and
for
the
honor
of
Christianity
,
to
turn
them
out
of
the
Church
,
and
return
them
back
to
their
own
Religion
.
And
this
was
done
at
the
request
of
the
Jewish
Governors
,
to
whom
the
Rescript
is
directed
,
thereby
to
give
them
Authority
to
demand
the
execution
of
it
of
his
Officers
in
his
name
.
Which
was
a
much
higher
favor
than
if
he
had
sent
his
Rescript
immediately
to
the
Officers
themselves
,
because
by
this
means
the
execution
of
this
Law
was
put
into
the
Jews
own
hands
.
To
all
which
Laws
we
may
add
one
more
under
the
next
Title
ne
Christianum
Mancipium
Judaeus
habeat
,
Under
the
Title
de
Paganis
there
are
three
Laws
of
Arcadius
,
Syria
Phaenice
,
are
commanded
to
be
pull'd
down
,
but
not
without
Tumult
,
many
of
the
Monks
,
who
were
usually
most
busie
at
that
Work
,
being
wounded
and
slain
by
the
Country
People
.
In
the
same
year
Honorius
takes
away
their
Sacrifices
and
Temples
in
France
and
Spain
,
De
Episcopis
l.
44.
to
recover
the
obsolete
force
of
an
Ecclesiastical
Canon
,
strictly
forbidding
all
Clergy-men
to
cohabit
with
any
Women
,
unless
their
own
Mothers
,
Sisters
or
Daughters
,
and
commanding
all
that
had
been
married
before
they
entred
into
Orders
,
to
retain
their
Wives
after
it
.
The
first
part
of
which
Law
was
made
in
pursuance
of
the
Nicene
Canon
,
that
had
been
frequently
renewed
both
by
the
Ecclesiastical
and
Civil
Law
,
by
reason
of
a
common
Abuse
,
that
was
crept
into
the
Church
,
that
Men
professing
Caelibacy
took
Women
into
their
Houses
commonly
call'd
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
beloved
Sisters
to
minister
to
their
necessities
,
and
join
with
them
in
their
Devotions
,
by
which
odd
kind
of
liberty
they
brought
great
and
just
Scandal
upon
the
Church
,
and
for
that
reason
we
meet
with
continual
Complaints
in
all
the
Ancients
against
them
.
The
other
part
of
the
Law
against
the
Clergies
divorce
upon
pretence
of
stricter
Sanctity
,
is
taken
from
the
sixth
Apostolical
Canon
,
so
that
it
is
evident
from
this
Law
that
the
Caelibacy
of
the
Clergy
was
not
at
this
time
injoin'd
,
though
afterward
it
crept
into
the
Church
by
insensible
degrees
,
till
it
was
at
length
imposed
rather
by
the
Authority
of
Custom
than
Law
.
§
.
XIV
.
But
the
management
of
the
Civil
Policy
of
this
Reign
in
Church-Matters
,
as
happy
as
it
was
,
it
was
not
so
happy
,
as
the
Ecclesiastical
Government
,
that
runs
parallel
with
it
,
was
deplorable
.
For
in
this
very
Period
of
time
hap'ned
such
a
fatal
Revolution
in
the
Church
,
like
those
great
Deluges
and
Conflagrations
,
that
Plato
dreams
of
,
by
which
old
Worlds
are
destroyed
and
new
ones
made
,
as
swept
away
the
whole
frame
of
the
ancient
Church
,
and
swallowed
up
all
its
power
in
the
exorbitant
Usurpation
of
one
Bishop
.
For
now
it
was
,
that
the
old
Constitution
of
the
Catholick
Church
,
as
it
had
stood
from
the
time
of
our
Saviour
and
his
Apostles
,
divided
into
Provincial
Jurisdictions
,
and
those
again
uni●ed
into
a
Catholick
Communion
with
an
equality
of
Power
among
themselves
,
was
gulft
up
in
the
unlimited
and
universal
Supremacy
of
one
single
Bishop
over
all
.
This
was
first
challenged
by
Innocent
the
first
,
who
began
to
reign
in
the
year
402
,
and
was
ever
after
eagerly
pursued
by
his
Successors
,
at
which
great
change
of
things
it
might
be
convenient
to
make
a
stand
,
and
take
a
sad
view
of
the
dismal
Ruins
,
under
which
the
Primitive
Church
with
all
its
liberties
lay
buried
for
many
Ages
.
But
as
it
is
too
great
a
Work
for
this
place
,
so
being
a
Matter
purely
Ecclesiastical
,
and
wholly
transacted
within
the
Church
it self
,
it
would
not
be
very
proper
:
For
the
design
of
this
Work
,
is
to
give
an
account
of
those
Transactions
of
the
Church
,
in
which
the
State
was
concern'd
,
and
thereby
to
exemplifie
the
exercise
of
the
Civil
Jurisdiction
within
it
,
without
invading
the
Churches
own
original
Authority
.
And
therefore
this
Matter
being
wholly
transacted
within
the
Church
,
without
any
interposition
of
the
State
,
it
belongs
not
to
this
Argument
,
and
for
that
reason
I
shall
at
present
wave
it
,
not
forgetting
that
I
am
under
an
Obligation
to
Baronius
of
an
hunting
match
for
the
painted
Ha●r●
▪
In
the
mean
time
I
proceed
,
And
as
for
the
Laws
of
Theodosius
,
they
are
to
be
divided
into
two
Parts
,
those
that
were
enacted
before
the
compiling
of
the
Theodosian
Code
,
that
are
taken
into
the
body
of
the
Code
it self
under
their
several
Titles
,
and
those
that
were
made
after
it
,
that
are
annext
as
an
Appendix
under
the
name
of
Novells
.
The
Code
was
composed
in
the
year
438
and
the
30
th
year
of
his
Reign
out
of
the
Rescripts
of
Christian
Princes
of
both
Empires
,
from
Constantine
the
Great
to
that
time
,
containing
the
Records
of
127
years
,
from
the
year
of
our
Lord
312
to
the
year
438
,
taking
in
the
Laws
of
16
Princes
;
Constantine
and
his
three
Sons
,
Julian
,
Jovian
,
Valentinian
,
Valens
,
Gratian
,
Valentinian
the
younger
,
Theodosius
the
Great
,
Arcadius
,
Honorius
,
Theodosius
the
Younger
,
and
his
contemporary
Emperors
Constantius
and
Valentinian
the
third
.
It
was
drawn
up
by
eight
Commissioners
chosen
out
of
his
chief
Officers
and
Ministers
of
State
,
whose
Names
are
recorded
in
the
Emperor
's
Novel
for
ratifying
the
whole
Code
.
His
design
was
to
make
the
Law
more
easie
,
certain
and
intelligible
for
the
time
to
come
.
That
Men
may
not
wait
for
formidable
Answers
,
Theodosian
Code
,
both
because
it
came
in
my
way
under
this
Emperor's
reign
,
and
because
every
Reader
might
understand
the
great
Authority
of
this
Book
,
upon
which
we
relye
so
much
through
this
whole
discourse
.
But
now
I
proceed
to
his
own
particular
Laws
.
His
first
in
the
Title
de
Episcopis
in
the
year
416
was
made
for
the
regulation
of
the
Parabolani
of
Alexandria
,
Parabolani
,
i.
e.
desperate
or
fearless
Men
,
hence
in
St.
Paul's
description
of
Epaphroditus
his
great
Zeal
for
the
Gospel
,
he
tells
the
Philippians
,
among
other
Praises
,
neglecting
his
own
life
,
or
as
an
old
Latin
Interpreter
renders
it
,
parabolatus
est
animam
suam
,
he
parabolated
his
own
life
.
Now
these
Men
taking
upon
themselves
such
a
popular
piece
of
Charity
,
they
,
as
it
naturally
falls
out
in
such
Cases
,
grew
insolent
,
and
became
very
troublesom
to
the
Government
,
raised
Tumults
,
thrust
themselves
into
Publick
Affairs
,
and
will
have
all
things
govern'd
by
their
own
Will
and
Pleasure
.
Upon
this
the
Alexandrians
Petition
the
Emperor
to
restrain
their
outrage
,
and
he
for
a
remedy
against
the
Mischief
for
the
time
to
come
,
makes
a
Law
consisting
of
these
seven
heads
:
First
,
to
forbid
their
intermedling
with
any
Proceedings
in
the
Emperor's
Courts
.
Secondly
,
to
reduce
them
to
the
number
of
500.
Thirdly
,
to
enact
that
none
should
be
capable
of
admission
into
the
Order
,
but
poor
Men.
Fourthly
,
that
they
should
be
chosen
by
the
Citizens
.
And
Fifthly
,
approved
and
confirm'd
by
the
Governor
.
Sixthly
,
that
they
refrain
from
all
Publick
Meetings
and
Courts
of
Justice
,
unless
as
they
are
forced
to
appear
as
Parties
.
And
lastly
,
that
as
vacant
Places
fell
,
for
the
time
to
come
they
should
be
fill'd
up
by
the
Governor
.
The
occasion
and
history
of
this
Law
,
is
described
at
large
by
Socrates
.
De
Episcopis
l.
43.
he
puts
them
wholly
under
his
Jurisdiction
,
restores
the
Power
of
Election
and
Substitution
into
his
hands
,
and
increases
their
number
to
six
hundred
.
His
next
Law
enacted
in
the
year
421
relates
only
to
the
Churches
of
Illyricum
.
De
Episcopis
l.
45.
We
command
that
all
Innovation
ceasing
,
the
ancient
Canons
and
Customs
,
that
have
hitherto
prevail'd
,
be
observed
through
all
the
Provinces
of
Illyricum
,
and
if
any
Doubt
or
any
Controversie
arise
,
it
shall
be
determin'd
by
the
Synod
of
Bishops
,
but
not
without
consulting
the
most
reverend
Arch-Bishop
of
Constantinople
,
that
ought
to
enjoy
the
Prerogative
of
old
Rome
.
There
is
no
one
piece
of
Antiquity
that
has
been
more
canvassed
and
controverted
than
this
Law
among
learned
Men
,
and
yet
to
this
day
it
lyes
undiscover'd
in
the
dark
,
and
no
wonder
,
whilst
the
Records
of
it
lay
buried
in
Rubbish
.
It
were
tedious
to
recite
the
several
Conjectures
of
Photius
,
Baronius
,
Perron
,
de
Marca
,
Blondell
,
Gothofred
,
and
divers
others
,
because
they
are
all
but
meer
Guesses
without
any
bottom
to
support
them
.
But
since
their
time
,
the
Records
have
been
brought
to
light
by
the
learned
Holstenius
,
who
first
publisht
them
to
the
World
out
of
a
Vatican
Manuscript
in
the
year
1662.
And
they
agree
so
punctually
with
all
the
Records
of
that
time
,
as
by
it
,
setting
aside
the
Authority
of
the
Manuscript
it self
,
to
justifie
and
in
reality
demonstrate
their
own
Credit
.
Now
the
short
of
the
Story
is
this
,
That
the
Bishops
of
Rome
and
Constantinople
were
at
that
time
contending
for
Supremacy
of
Jurisdiction
,
and
Illyricum
being
situated
in
the
Confines
of
both
Empires
,
was
naturally
the
Seat
of
War
.
For
though
all
Illyricum
had
in
former
times
belonged
to
the
Western
Empire
,
yet
it
was
divided
by
Theodosius
the
Great
,
and
one
half
of
it
laid
to
the
Eastern
,
and
upon
that
,
the
Bishop
of
Constantinople
claims
Jurisdiction
over
it
,
Constantinople
then
pretending
to
the
same
Prerogative
in
the
East
,
that
Rome
enjoyed
in
the
West
.
This
pretence
was
set
up
immediately
after
the
Council
of
Constantinople
,
that
only
gave
it
preheminence
of
honour
next
to
old
Rome
,
and
that
they
fairly
construed
Equality
of
Jurisdiction
,
whereas
on
the
other
side
the
Romanists
challenged
Supremacy
of
Power
over
those
Churches
,
by
prescription
from
the
time
of
Innocent
the
first
,
H●lst●n
Ep
▪
5
:
who
had
set
up
the
Bishop
of
The●saloni●●
as
his
Legate
over
all
Illyricum
,
and
to
justifie
his
Innovation
,
pleads
Prescription
from
Damasus
,
but
that
is
according
to
the
constant
Custom
of
the
Man
,
rank
Forgery
,
when
Damasus
never
in
the
least
pretended
to
any
such
Power
,
but
only
kept
up
Correspondence
with
Acholius
Bishop
of
Thessalonica
,
as
the
chief
Metropolitan
in
those
parts
,
without
any
Intimation
of
any
such
Relation
between
them
.
Corinth
,
Vales.
Annot
.
in
Soc.
p.
90.
But
Rufus
,
who
was
then
Bishop
of
Thessalonica
,
having
received
such
a
Supremacy
of
Power
from
his
Master
Innocent
,
was
faithful
to
his
Masters
Interest
,
and
so
continued
till
the
very
time
of
this
Rescript
,
and
fighting
it
out
manfully
against
the
Usurpation
of
the
Constantinopilitans
.
Now
the
point
of
War
,
as
it
was
managed
by
the
Bishop
of
Constantinople
was
this
,
that
Illyricum
ought
to
be
wholy
governed
by
its
own
Synod
of
Bishops
.
But
as
by
Rome
,
that
the
Bishop
of
Thessalonica
ought
to
have
,
and
exercise
a
Supremacy
of
Jurisdiction
over
them
.
And
so
it
stood
at
the
time
of
this
Rescript
,
Boniface
the
first
,
then
Bishop
of
Rome
,
in
the
year
419
,
which
was
but
two
years
before
the
date
of
the
Rescript
,
commending
his
Courage
and
great
Service
to
the
Apostolick
See
;
and
this
Victory
was
so
great
,
that
as
Boniface
himself
attests
,
the
greatest
part
of
the
Illyrican
Bishops
came
over
to
his
side
.
But
Atticus
then
Bishop
of
Constantinople
more
a
Lawyer
then
a
Divine
,
and
therefore
chiefly
governed
and
over-ruled
the
Church
by
Imperial
Authority
,
who
had
bafled
an
Excommunication
of
Pope
Innocent
with
the
Emperors
Rescript
,
and
by
it
seised
a
Jurisdiction
over
the
Province
of
Hellespont
,
as
I
have
elsewhere
shewn
,
finding
Illyricum
in
danger
to
be
lost
,
procures
this
crafty
Rescript
from
the
Emperor
against
Rufus
,
and
under
pretence
of
asserting
the
Laws
and
Liberties
of
the
Church
,
by
preserving
the
Supreme
Power
of
Provincial
Synods
,
takes
the
Supremacy
of
all
to
himself
,
in
that
nothing
was
to
be
done
or
concluded
by
them
without
his
consent
.
And
here
the
confidence
of
these
men
is
very
remarkable
in
pleading
Antiquity
on
both
sides
,
notwithstanding
the
Innovation
of
both
,
was
so
very
notorious
:
But
this
served
the
turn
well
enough
against
the
Adversary
,
as
here
by
this
Rescript
to
Abolish
all
Innovation
,
the
Power
of
the
Bishop
of
Thessalonica
was
utterly
destroyed
,
and
when
that
was
done
,
Atticus
having
gained
the
Bishops
to
his
own
side
by
it
,
knew
how
to
do
his
own
work
.
This
fires
Pope
Boniface
,
for
as
the
Rescript
was
publish't
in
June
,
so
in
the
March
following
he
sends
a
Letter
to
Rufus
full
of
Thundering
and
Lightning
,
De
Epist.
46
,
47.
There
remain
but
two
other
Laws
under
this
Title
Enacted
by
Valentinian
the
Third
,
to
confirm
all
Priviledges
granted
by
any
of
his
Predecessors
to
the
Clergy
,
and
particularly
to
Abolish
the
Act
of
John
the
Tyrant
,
who
upon
the
death
of
Honorius
invaded
the
Western
Empire
,
and
took
away
all
exemptions
of
the
Clergy
from
the
Secular
Courts
,
for
which
Gothofred
suspects
him
to
have
been
an
Arian
though
without
any
other
ground
then
this
,
that
it
had
been
the
constant
Custom
of
the
Arians
to
take
Sanctuary
at
Court
against
the
Church
under
bad
Reigns
,
but
whatever
he
were
his
Law
is
here
Cancelled
by
this
Emperor
,
then
but
a
Child
and
upon
a
very
childish
reason
;
that
it
was
not
lawful
that
the
Ministers
of
God
should
be
subject
to
the
Judgment
of
Temporal
Powers
,
which
is
such
a
Contradiction
to
all
the
Doctrines
of
the
Fathers
,
and
to
all
the
Laws
of
the
preceding
Emperors
,
who
in
all
their
Rescripts
declared
all
such
Grants
of
Priviledge
to
be
meer
Acts
of
Grace
and
Favour
,
that
this
Rescript
could
be
nothing
else
then
the
subreption
of
some
Clergy-man
,
who
taking
advantage
of
the
times
,
the
Child-hood
of
the
Prince
,
then
not
above
7
years
of
Age
,
the
weakness
of
a
Woman
his
Mother
Placidia
,
who
then
Governed
all
,
but
chiefly
from
their
fears
under
their
late
great
distress
to
which
they
were
reduced
by
the
Tyrant
,
took
this
opportunity
of
enhancing
the
Priviledges
of
his
Order
to
the
claim
of
a
Divine
Right
.
I
know
Gothofred
would
soften
this
Law
as
if
it
referr'd
only
to
Ecclesiastical
,
not
to
Civil
Causes
,
first
because
in
his
12th
Novel
afterwards
he
made
that
distinction
.
That
is
to
say
,
as
he
grew
older
he
grew
wiser
,
and
so
corrected
this
childish
Over-sight
,
but
otherwise
the
reason
given
for
this
Law
is
general
,
that
it
is
not
fit
that
the
Ministers
of
God
should
be
answerable
to
Secular
Powers
.
Secondly
,
that
the
Tyrant
had
removed
all
Causes
,
Ecclesiastical
as
well
as
Civil
,
from
the
Church
to
the
Secular
Courts
,
which
he
infers
from
the
word
Indiscretion
.
But
if
we
will
stand
to
the
Practice
of
the
Empire
,
this
Law
can
relate
only
to
Civil
Causes
,
notwithstanding
that
ambiguous
word
,
for
Ecclesiastical
Causes
were
all
along
left
to
the
Church
either
in
pretence
or
reality
,
but
Civil
Causes
reserved
by
some
Emperors
to
their
own
Courts
,
and
by
some
granted
to
the
Judgment
of
the
Church
it self
as
an
Act
of
Favour
,
and
therefore
it
must
be
understood
of
the
Cancelling
of
these
Acts
of
Grace
by
the
Tyrant
,
when
the
same
favour
is
restored
,
especially
when
back't
,
by
that
general
reason
,
that
it
is
not
fit
that
the
Ministers
of
God
should
be
accountable
to
the
Secular
Powers
,
because
by
the
Practice
of
the
Empire
,
they
were
not
for
the
d●scharge
of
the
Ministerial
Off●ce
,
and
therefore
this
Law
cannot
relate
to
their
duty
as
Priests
,
but
as
Citizens
,
to
refer
them
in
all
such
Causes
,
as
some
former
Emperors
had
out
of
kindness
done
,
to
the
Ecclesiastical
Judicature
.
All
the
Laws
of
these
Emperors
under
the
following
Titles
are
scarce
any
thing
else
then
the
Ratifications
of
the
Rescripts
of
former
Emperors
,
especially
of
Theodosius
the
Great
,
and
his
Son
Honorius
,
against
the
small
Remainders
,
that
were
left
of
Hereticks
,
Jews
,
and
Heathens
.
And
as
for
the
Hereticks
in
particular
,
they
were
reduced
to
an
inconsiderable
handful
of
Men
,
never
able
to
make
any
Head
against
the
Catholick
Church
,
that
was
never
after
this
time
troubled
with
any
of
the
old
Schisms
and
Heresies
.
Though
it
was
assaulted
with
new
ones
,
and
so
it
must
be
,
as
long
as
the
Taint
of
Vanity
is
left
in
Humane
Nature
;
but
as
fast
as
it
sprung
up
,
they
were
cut
off
by
the
same
Method
of
Government
.
So
that
by
the
reiterated
experiments
of
so
many
Emperors
here
Recorded
in
this
Code
,
we
find
the
true
Efficacy
of
Penal
Laws
against
all
the
extravagant
wantonness
of
Schism
and
Singularity
.
Under
the
Title
de
Haereticis
,
there
are
ten
Laws
of
Theodosius
the
Younger
,
beside
two
other
under
the
Title
of
Ne
sanctum
Baptisma
iteretur
,
and
three
of
Valentinian
the
Third
,
but
they
are
only
Recapitulations
of
former
Laws
,
to
glean
up
the
small
scatterings
that
were
left
of
the
Ancient
Schisms
and
Heresies
.
The
most
remarkable
of
them
all
is
the
65th
Law
by
Theodosius
in
the
year
428
,
that
is
an
Epitome
of
all
the
former
Laws
,
by
which
he
sweeps
away
at
once
23
Sects
,
by
enjoyning
the
Execution
of
the
former
Laws
against
them
,
upon
the
Judges
under
the
same
Penalty
that
the
Law
inflicts
upon
the
Offenders
.
Quae
omnia
ita
custodiri
decernimus
,
ut
nulli
Judicum
liceat
delatum
ad
se
crimen
,
minori
aut
nulli
coercitioni
mandare
,
nisi
ipse
id
pati
velit
,
quod
aliis
dissimulando
concesserit
.
Under
the
Title
de
Apostatis
there
is
only
one
Law
of
Valentinian
to
tye
the
Punishment
of
Intestability
upon
Apostates
with
more
severity
in
the
year
426
,
to
which
may
be
added
the
like
Law
against
the
Jews
under
that
Title
,
under
which
are
extant
seven
more
of
Theodosius
the
Younger
;
viz.
l.
21
,
22
▪
25
,
26
,
27.
were
only
enacted
to
defend
them
and
their
Synagogues
from
the
violence
of
the
Rabble
,
only
the
27
th
is
made
to
restrain
the
Insolence
of
Gamaliel
the
Patriarch
in
the
year
415
,
upon
which
followed
the
dissolution
of
that
Office
among
the
Jews
.
For
four
years
after
,
in
the
year
419
,
he
publisht
a
Rescript
,
the
last
under
that
Title
,
ne
Christianum
Mancipium
Judaeus
habeat
,
forbidding
Jews
to
keep
Christian
Slaves
upon
pain
of
death
.
Under
the
Title
de
Paganis
,
there
are
only
five
Laws
of
Theodosius
to
renew
the
Laws
in
force
against
them
,
upon
supposition
that
there
are
any
Pagans
remaining
in
the
Empire
,
as
it
is
expressed
in
his
second
Law
.
If
we
endeavor
to
reduce
these
Men
by
sharp
Physick
to
sobriety
of
Mind
,
they
themselves
must
bear
the
blame
as
well
as
the
Punishment
of
our
Severity
,
that
by
their
wicked
obstinacy
stop
up
all
Avenues
of
Mercy
or
Pardon
.
That
is
the
true
state
of
the
Case
,
there
is
alwayes
a
natural
stubbornness
mixt
with
Schism
,
and
nothing
but
smart
can
cure
it
.
And
this
is
the
thing
,
that
makes
it
so
necessary
to
add
Penal
Laws
to
the
Discipline
of
the
Church
,
thereby
to
stanch
that
peevishness
,
that
without
it
will
naturally
fly
out
into
all
the
follies
and
wildness
of
humane
Nature
.
And
all
Princes
,
that
either
out
of
their
own
natural
Curiosity
to
try
the
experiment
,
or
being
forced
by
the
necessity
of
the
times
,
have
taken
off
the
Penal
Laws
,
or
suspended
their
execution
,
have
soon
been
convinced
of
their
mistake
by
the
fatal
Consequences
,
that
it
has
brought
upon
their
Government
.
As
for
the
Laws
that
were
enacted
by
these
Emperors
after
the
sealing
of
the
Code
,
and
for
that
reason
call'd
Novels
or
new
Laws
,
de
Haereticis
,
commanding
the
execution
of
all
Laws
against
Jews
,
Heathens
and
Hereticks
.
§
.
XV.
But
the
most
material
Law
of
this
reign
is
still
behind
,
and
that
is
the
Law
to
confirm
the
Decrees
of
the
great
Council
of
Ephesus
,
that
was
both
call'd
and
ratified
by
Theodosius
the
Younger
,
which
I
have
reserved
to
this
place
,
to
treat
of
it
by
it self
,
because
as
it
is
the
greatest
transaction
of
this
Reign
,
so
is
it
another
eminent
Instance
of
the
right
Concurrence
of
the
Powers
of
Church
and
State
in
the
determination
of
Ecclesiastical
Controversies
,
and
enacting
of
Ecclesiastical
Laws
and
Canons
.
All
the
old
Schisms
and
Heresies
being
vanquisht
by
the
Methods
already
described
,
such
is
the
wantonness
of
Humane
Wit
,
that
it
fell
upon
contriving
new
Conceits
,
for
its
own
sport
and
entertainment
.
There
is
such
a
natural
Vanity
in
some
Mens
Tempers
,
that
they
can
scarce
live
without
singularities
and
innovations
;
from
whence
comes
that
necessity
of
Heresies
,
that
St
Paul
speaks
of
;
they
are
the
certain
effects
of
Pride
and
Pedantry
,
and
as
long
as
there
are
and
will
be
born
in
all
Ages
Men
of
that
Complexion
,
nothing
can
hinder
them
from
venting
their
own
novel
and
home-spun
Metaphysicks
.
And
therefore
it
cannot
be
expected
that
the
Church
should
be
altogether
free
from
Heresies
,
for
that
cannot
be
done
without
an
alteration
of
Humane
Nature
,
it
is
enough
that
it
is
furnisht
with
means
to
stop
and
cure
the
Disease
,
whenever
it
breaks
out
in
the
body
of
the
Church
,
as
we
have
seen
great
numbers
of
Botches
dispersed
and
reduced
to
nothing
by
the
right
exercise
and
concurrence
of
the
Civil
and
Ecclesiastical
Jurisdiction
.
And
after
this
time
it
is
observable
that
Heresies
were
not
so
long-lived
,
for
now
the
Method
of
their
cure
being
understood
by
experience
(
which
when
all
is
done
,
is
the
best
Art
of
Physick
)
it
was
so
soon
dispatch't
,
that
they
rarely
survived
their
Author
;
and
after
one
sentence
effectually
executed
,
they
scarce
ever
put
the
Government
to
a
second
trouble
,
as
will
appear
by
the
following
History
.
Soc.
lib.
7.
c.
29.
Evag
.
l.
1.
c.
2.
Nestorius
being
chosen
to
the
swelling
Throne
of
Constantinople
,
by
Theodosius
the
Younger
out
of
the
Church
of
Antioch
,
to
avoid
or
rather
end
a
violent
competition
at
home
,
he
brings
along
with
him
one
Anastasius
,
a
Presbyter
,
his
inseparable
Friend
and
Companion
,
Annot.
in
Evag.
l.
1.
c.
2.
and
Valesius
is
pleased
to
be
so
critical
as
to
affirm
that
he
was
his
Syncellus
,
an
Office
in
the
Pallaces
of
Patriarchs
,
who
had
power
to
choose
what
Presbyters
they
pleased
,
to
cohabit
with
them
,
who
were
therefore
stil'd
Syncelli
or
Concellanei
.
But
I
doubt
this
learned
Man
here
derives
this
Office
too
high
,
for
we
find
no
foot-steps
of
any
such
State
in
the
Records
of
the
Church
till
after
the
Institution
of
Patriarchates
by
the
Council
of
Calcedon
,
and
then
we
have
frequent
mention
of
it
in
History
,
though
nothing
but
deep
silence
before
.
But
whatever
he
were
,
whereas
the
Title
of
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
Mother
of
God
had
been
so
familiarly
given
to
the
Virgin
Mary
by
the
Ancients
,
that
it
was
by
custom
become
her
proper
Title
and
always
annext
to
her
name
,
against
this
Anastasius
inveighs
in
a
Sermon
,
and
affirms
that
she
ought
not
to
be
stil'd
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
Mother
of
God
,
but
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
the
Mother
of
Man
.
But
the
People
having
been
accustom'd
to
the
Word
,
put
themselves
into
Tumults
in
its
defence
,
whereas
Nestorius
in
stead
of
correcting
his
Presbyter
,
justifies
his
Doctrin
,
and
to
mollifie
the
roughness
of
the
expression
,
and
appease
the
Dissention
,
whilst
some
cryed
up
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
others
the
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
invents
the
middle
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
himself
gives
an
account
of
his
own
Opinion
in
his
Apology
to
the
Prefect
of
Egypt
in
the
time
of
his
Banishment
.
Apud
Evag.
l.
1.
cap.
7.
And
to
justifie
his
Conceit
,
he
starts
a
new
Notion
,
that
our
Saviour
was
compounded
of
two
Persons
,
one
Divine
,
and
one
Humane
,
that
only
the
humane
was
born
of
the
Virgin
Mary
,
to
which
the
Divine
was
united
after
his
Nativity
.
These
Novelties
put
the
whole
City
into
an
Uproar
,
and
he
being
a
Man
of
a
furious
and
a
fiery
Temper
,
instead
of
appeasing
the
Tumult
,
as
any
Man
of
discretion
would
have
done
,
like
a
mad
Man
he
resolves
to
encounter
,
and
over-come
it
by
the
meer
strength
of
Fury
and
Violence
,
and
this
raises
the
Contest
into
perfect
Out-rage
,
so
that
as
Socrates
truly
enough
describes
it
,
Paulus
Samosatenus
;
and
Nestorius
on
the
other
side
being
an
ignorant
unlearned
Man
,
a
meer
popular
Preacher
,
and
altogether
unacquainted
with
the
Writings
of
the
Ancients
,
and
for
that
reason
rashly
rejecting
this
old
Word
,
as
an
upstart
Novelty
,
and
being
withal
a
very
proud
and
supercilious
Man
,
he
would
rather
run
himself
into
any
wild
Assertions
,
than
confess
any
the
least
Mistake
.
This
seems
to
have
been
the
true
and
impartial
account
of
the
rise
of
this
Heresie
,
though
Baronius
according
to
his
great
Faculty
of
straining
all
things
into
far-fetcht
Guesses
,
Paulus
Samosatenus
.
But
where
or
whensoever
it
first
began
,
the
noise
of
it
at
this
time
flies
from
Constantinople
,
Cyrilli
Epis●
▪
1
▪
into
forreign
Parts
.
And
first
Cyril
of
Alexandria
endeavors
to
antidote
his
own
Province
against
the
Poison
,
that
some
of
his
Monks
had
already
suckt
in
from
Nestorius
his
Agents
,
which
he
sent
into
other
Parts
to
propagate
his
Heresie
.
After
this
to
check
it
before
it
spread
too
far
,
he
writes
to
the
Emperor
Theodosius
,
and
to
the
Empresses
Pulcheria
and
Eudocia
distinct
and
large
confutations
of
it
.
Act.
Concil.
Ephes.
part.
1.
cap.
3
▪
4.5
.
But
Nestorius
was
a
Courtier
,
and
no
doubt
so
much
the
dearer
to
the
Emperor
as
his
Creature
,
for
he
rather
created
,
then
made
him
Bishop
of
that
great
Throne
;
And
having
the
Emperour's
Ear
,
he
exasperates
him
against
Cyril
,
(
though
he
named
him
not
)
as
appears
from
the
sowr
Answer
that
he
return'd
him
,
Ibid.
c.
31.
in
which
he
charges
him
as
a
disturber
of
the
peace
of
the
Church
,
loads
him
with
envy
at
the
Honour
that
Nestorius
had
by
his
savour
,
and
interprets
it
as
a
reflection
upon
himself
,
to
prefer
a
man
so
high
,
that
Cyril
represents
so
ill
,
and
looks
upon
his
writing
three
several
Letters
,
to
himself
,
his
Queen
,
and
his
Sister
,
as
a
design
to
make
division
among
them
;
and
lastly
tells
him
,
That
it
is
sawcy
and
pragmatical
for
a
man
at
so
great
a
distance
to
inform
him
of
his
own
affairs
,
and
what
was
done
at
his
own
doors
.
But
after
all
he
gratiously
forgives
all
these
Misdemeanours
,
and
refers
the
examination
of
the
cause
to
a
Council
of
Bishops
,
who
he
says
were
the
only
fit
Judges
of
it
,
and
to
their
determination
he
promised
to
stand
,
and
he
was
as
good
as
his
word
.
After
these
Attempts
upon
their
Majesties
,
Ibid.
c.
6.
Cyril
tryes
in
the
next
place
to
reclaim
the
Man
himself
by
a
Civil
Letter
,
in
which
he
desires
him
for
the
love
of
God
to
stop
such
wild
Propositions
that
were
vented
abroad
under
pretence
of
his
Authority
,
as
that
Christ
was
not
God
,
but
only
the
Organ
and
Vehicle
of
the
Divinity
,
and
tells
him
that
the
Church
was
put
into
disturbance
by
such
loose
,
prophane
and
licentious
Expressions
,
and
not
by
any
thing
(
as
Nestorius
had
been
pleased
to
suggest
)
that
himself
had
done
to
oppose
them
,
and
so
passionately
expostulates
with
him
,
that
he
should
be
so
unkind
and
so
unjust
as
to
load
him
to
their
Imperial
Majesties
,
with
the
odious
Character
of
the
Master
of
Disturbance
.
Ibid.
c.
7.
To
all
which
he
returns
him
a
very
short
and
surly
Answer
,
and
that
he
might
not
interpret
any
Answer
at
all
for
too
great
a
Civility
,
he
tells
him
over
and
over
,
that
it
was
extorted
from
him
by
the
importunity
of
his
Messenger
Lampo
.
At
this
time
some
of
Cyril's
Clergy
that
he
had
deposed
for
their
Scandalous
Misdemeanours
and
Debaucheries
,
Paulus
Sam●satenus
,
as
the
Father
of
this
Heresie
,
(
from
whence
Suidas
,
Antioch
,
Rufus
of
Thessalonica
,
Juv●nal
of
Jerusalem
,
and
Flavianus
of
Philippi
to
desire
their
Concurrence
to
his
Sentence
.
And
no
doubt
he
took
the
Complaint
so
much
the
more
greedily
,
as
being
glad
of
any
opportunity
to
take
down
the
Proud
and
Aspiring
Prelates
of
that
See
,
of
whom
he
had
too
much
reason
to
be
jealous
at
that
time
,
when
they
had
made
several
Attempts
to
mount
the
Throne
of
the
Imperial
City
above
the
Apostolical
Chair
it self
.
But
now
Nestorius
perceiving
the
Clouds
to
gather
,
and
that
a
Storm
was
like
to
overtake
him
by
Cyril's
Activity
,
he
follows
him
with
his
Letters
to
Celestine
,
though
pretended
to
be
written
upon
another
occasion
,
Liberati
Brev.
cap.
4.
that
it
made
him
side
with
Nestorius
against
Cyril
:
and
it
was
this
that
enflamed
the
Zeal
of
Theodoret
,
who
as
appears
by
his
Epistles
to
Sporadius
and
Irenaeus
,
was
before
and
after
this
time
no
Friend
to
the
opinions
of
Nestorius
,
but
an
irreconcileable
Enemy
to
Cyril
and
his
Anathema's
,
and
therefore
though
he
were
one
of
those
Bishops
that
had
subscribed
John
of
Antioch's
Epistle
to
Nestorius
,
he
could
never
after
brook
this
Imposition
of
Cyril
.
But
now
Nestorius
having
gained
this
advantage
by
this
over
Pursuit
,
rallies
with
greater
fierceness
,
and
rages
with
greater
Cruelty
then
ever
,
especially
against
his
own
Clergy
,
and
upon
it
they
Address
to
the
Emperor
with
a
Petition
for
Redress
against
his
oppressions
,
M.
Mercator
,
In
praefat.
ad
Symb.
Theod.
who
himself
was
present
there
,
says
precisely
274.
Only
Capreolus
Bishop
of
Carthage
writes
to
the
Council
to
have
the
African
Bishops
excused
,
who
could
not
Travel
at
that
time
because
of
the
Incursion
of
the
Vandals
over
the
whole
Country
:
so
that
there
were
none
wanting
but
only
John
of
Antioch
and
his
Eastern
Bishops
,
and
after
he
had
made
the
Council
wait
16
days
,
he
at
last
sends
them
word
not
to
stay
for
him
,
because
his
coming
would
be
altogether
uncertain
.
It
was
easie
for
him
to
foresee
which
way
the
Council
would
incline
,
and
therefore
he
was
unwilling
to
be
present
at
the
Condemnation
of
his
old
Friend
.
And
so
the
Council
suggest
to
the
Emperor
,
that
he
sided
with
Nestorius
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
But
as
for
all
Letters
from
the
Council
,
Liberati
Brev.
c.
6.
But
when
John
of
Antioch
comes
to
Ephesus
a
few
days
after
the
Sentence
,
he
protests
against
it
,
requiring
them
upon
pain
of
Deposition
and
Excommunication
to
acquiesce
in
the
Nicene
Faith
,
to
piece
no
Novelties
to
it
,
and
to
reject
Cyril's
heretical
Anathema's
,
and
by
the
encouragement
and
perswasion
of
Candidianus
,
rakes
together
a
little
Council
of
forty
three
Bishops
,
whereof
the
greatest
part
had
been
deposed
,
and
some
were
meerly
titular
,
for
re-hearing
the
Cause
.
And
here
he
is
solemnly
inform'd
by
Candidianus
himself
,
that
he
was
order'd
by
the
Emperor
not
to
open
his
Commission
but
in
full
Council
,
and
that
when
Cyril
and
Memnon
and
their
Associates
combin'd
to
meet
before
the
arrival
of
the
Eastern
Bishops
▪
he
forbid
them
in
the
Emperor's
Name
,
but
they
forced
him
to
comply
for
fear
of
a
Sedition
,
and
that
he
left
the
Council
and
protested
against
their
Proceedings
,
and
that
when
he
found
the
sentence
of
Deposition
set
up
against
Nestorius
,
he
caused
it
to
be
pull'd
down
,
and
knew
nothing
of
it
till
he
was
inform'd
by
its
publication
in
the
Market-Place
.
And
yet
being
farther
askt
whether
they
entred
upon
the
Examination
of
the
merits
of
the
Cause
before
they
past
sentence
,
he
replys
(
like
a
raw
and
unexperienced
Evidence
)
that
they
made
no
Inquiry
at
all
,
and
this
he
attests
as
an
Eye
witness
,
though
he
had
all
along
declared
,
that
he
was
absent
from
the
Council
,
and
knew
nothing
of
the
Sentence
till
it
was
publisht
in
the
City
.
But
though
the
contradiction
of
the
Testimony
did
not
convict
it self
of
falsehood
,
yet
the
Acts
of
the
Council
would
,
the
particular
Votes
and
Debates
of
the
several
Bishops
,
as
they
were
taken
by
the
Notaries
,
standing
there
upon
perpetual
Record
.
But
upon
th●s
the
Conventicle
de●ose
Cyril
and
Memnon
,
anathematise
the
Anath●ma's
,
and
all
that
refuse
to
anathemati●e
them
,
and
certifie
to
the
Emperor
the
deposition
of
Cyril
and
Memnon
in
the
name
of
the
Council
.
Though
Socrates
is
here
so
far
mistaken
as
to
impute
that
to
Nestorius
,
Antioch
,
viz.
that
himse●f
and
his
sma●l
Council
of
10
,
had
deposed
Cyril
and
Memnon
immediat●ly
upon
t●e
Sentence
of
the
Council
against
him
.
But
the
Schismaticks
having
charm'd
the
Emperor
by
their
Letter
,
and
by
his
President
Candidianus
who
sung
the
Chorus
to
their
Song
,
the●
sing
over
the
same
Tune
in
several
Addresses
to
the
Clergy
,
the
Senate
,
and
the
People
of
Constantinople
,
and
to
clinch
all
,
to
the
Empress
and
Princess
Royal.
But
about
this
time
arrived
the
●ope's
Legates
with
Letters
from
his
Holiness
to
the
Council
,
that
f●r
the
greater
State
are
only
to
be
read
in
the
Latin
Tongue
,
and
afterward
by
way
of
Condescension
in
the
Greek
at
the
Petition
of
the
Fathers
,
though
they
were
writ●en
in
both
Languages
,
this
was
one
of
the
most
early
Affectations
of
Lordly
State
in
the
Papacy
.
The
next
day
they
require
all
the
Acts
of
the
Council
to
be
read
over
,
as
their
Master
Celestine
had
given
them
in
command
,
which
being
done
,
they
by
the
Sovereign
Authority
of
St.
Peter
and
his
Successors
in
the
Apostolick
See
give
validity
to
the
Sentence
,
without
which
state
of
the
Papal
Veult
Le
Roy
,
it
could
have
had
no
effect
.
But
the
Council
were
glad
of
their
Concurrence
,
to
ballance
it
against
the
opposition
of
John
of
Antioch
,
and
upon
it
they
write
a
second
Letter
to
the
Emperor
,
Peter
.
Longius
quidem
sumus
positi
,
Act.
part.
3.
cap.
20.
sed
per
s●licitudinem
totum
propius
intuemur
.
Omnes
habet
beati
Petri
Apostoli
cura
presentes
,
non
nos
ante
Deum
nostrum
de
hoc
possumus
excusare
quod
scimus
.
In
all
this
Contest
the
greatest
Looser
next
to
Nestorius
,
who
lost
all
,
was
John
of
Antioch
,
who
being
run
down
in
Council
,
his
confining
Adversaries
take
that
advantage
to
beat
him
out
of
his
late
Usurpations
.
The
Bishops
of
Cyprus
,
over
whom
he
had
extended
his
Jurisdiction
,
make
their
Complaints
to
the
Council
,
by
whose
Decree
he
is
expell'd
the
Island
.
And
whereas
he
had
usurpt
over
the
Provinces
of
Arabia
and
Phaenice
,
upon
which
Juvenal
the
new
Bishop
of
Jerusalem
,
a
brisk
and
ambitious
Man
had
cast
his
Eye
and
made
some
inroads
of
Usurpation
,
he
now
thinks
by
the
advantage
of
the
animosity
between
Cyril
and
John
of
Antioch
to
have
it
confirm'd
to
him
in
Council
,
and
this
was
the
thing
that
made
him
so
active
there
,
for
which
reasons
he
was
nominated
one
of
the
eight
Commissioners
to
the
Emperor
.
Which
Design
is
plainly
suggested
to
the
Emperor
,
by
John
and
his
Party
in
their
first
Petition
from
Calcedon
.
It
is
evident
,
Sir
,
(
say
they
)
that
some
among
them
have
contrived
and
carried
on
this
wicked
design
for
their
own
ends
,
and
your
Majesty
will
see
them
,
when
they
have
carried
through
their
Treachery
,
to
divide
the
Spoils
of
the
Church
among
themselves
.
And
though
Juvenal
of
Jerusalem
took
upon
him
to
ordain
some
of
of
us
,
we
held
our
peace
,
notwithstanding
that
we
ought
to
have
contended
for
the
Canons
,
lest
we
should
have
seem'd
to
contend
for
our
own
Ambition
.
Neither
are
we
ignorant
of
his
Designs
and
Devices
at
this
very
time
upon
the
second
Phaenice
and
Arabia
.
So
that
it
seems
he
had
made
some
overt-acts
of
his
design
in
Council
,
but
Cyril
detested
and
damn'd
the
Motion
,
as
Pope
Leo
in
his
16
th
Epistle
tells
us
,
That
Cyril
himself
inform'd
him
by
Letter
.
But
though
he
could
not
carry
it
in
Council
,
he
got
at
last
both
those
Provinces
,
and
the
three
Palestines
beside
,
and
kept
them
till
the
Council
of
Calcedon
,
when
both
Parties
,
being
conscious
to
themselves
of
their
having
no
right
to
the
whole
Child
,
consent
to
its
division
,
the
three
Palestines
falling
to
Juvenal
;
Phaenice
and
Arabia
to
Maximus
of
Antioch
.
But
though
the
Nestorian
Controversie
was
ended
,
the
quarrel
was
not
,
that
run
very
high
between
those
two
great
Prelates
,
Cyril
of
Alexandria
and
John
of
Antioch
,
and
their
greatness
drew
great
numbers
of
Bishops
after
them
to
the
great
disorder
and
disturbance
of
the
Church
,
and
great
grief
of
the
Emperor
,
Liberati
Brev.
cap.
8.
who
therefore
advises
with
Maximian
and
other
Bishops
how
to
redress
the
mischief
;
they
answer
,
that
there
is
no
remedy
but
John
of
Antioch's
subscribing
the
condemnation
of
Nestorius
and
his
Heresie
.
Act.
part.
3.
cap.
24.
Upon
this
the
Emperor
writes
to
John
by
Aristolaus
commanding
him
to
meet
Cyril
at
Nicomedia
,
and
be
reconcil'd
to
him
upon
pain
of
his
displeasure
.
And
this
Letter
he
seconds
with
another
to
the
famous
Monk
Simeon
Stylites
,
Acacius
Bishop
of
Beraea
,
Ibid.
c.
25
,
26.
and
the
Bishops
of
all
the
Eastern
Provinces
to
perswade
John
to
return
to
the
Peace
and
Unity
of
the
Church
.
Upon
this
a
Council
meets
at
Beraea
,
and
agree
upon
this
Proposal
,
that
they
would
condemn
Nestorius
upon
condition
,
that
Cyril
would
call
in
all
his
own
Writings
about
the
Controversie
.
But
this
being
refused
,
and
John
being
wrought
upon
,
Simon
Magus
,
as
if
he
were
the
Author
of
their
Sect
,
as
Constantine
the
Great
named
the
Arians
Porphyrians
.
Secondly
,
that
all
his
Books
and
all
other
Books
whatsoever
contrary
to
the
Decrees
of
the
Ephesine
Council
should
be
brought
in
,
and
publickly
burnt
.
Thirdly
,
that
they
should
be
debarr'd
of
all
Meeting
Places
either
in
Publick
or
Private
,
with
the
Penalty
of
Proscription
of
Goods
upon
all
Offenders
against
any
branch
of
this
Law
.
And
because
after
this
,
some
Men
publisht
the
same
Opinions
in
new
obscure
and
ambiguous
Terms
,
and
indeavor'd
to
revive
them
under
the
Authority
of
some
of
the
Ancients
,
Liberat●
Breviar.
c.
10.
particularly
Theodorus
Mopsuestenus
,
and
Diodorus
Tarsensis
in
their
Writings
against
Eunomius
and
Apollinaris
,
he
publishes
another
Rescript
in
the
year
448
against
all
such
Attempts
under
the
same
Penalties
.
The
execution
of
both
which
Rescripts
,
being
injoined
in
good
earnest
by
the
Praetorian
Praefects
upon
their
Judges
and
Under-Officers
,
soon
did
their
own
work
.
And
thus
ended
the
Council
and
the
Heresie
together
.
And
things
might
have
been
much
sooner
and
much
more
easily
setled
,
had
they
not
been
perplexed
,
partly
by
the
over-eagerness
of
Cyril
in
imposing
his
Anathema's
as
Articles
of
Faith
,
which
made
John
of
Antioch
and
his
Party
fly
off
,
so
that
he
was
forced
to
quit
that
imposition
,
before
they
could
be
reconciled
.
But
chiefly
by
the
dishonesty
of
the
Courtiers
,
who
took
part
with
the
Hereticks
against
the
Authority
of
the
Church
,
and
abused
the
Emperor
with
false
tales
and
reports
,
but
otherwise
all
the
proceedings
in
this
Matter
were
fair
and
regular
:
the
Controversie
was
determin'd
by
the
judgment
of
the
Church
,
and
the
judgment
of
the
Church
abetted
by
the
Power
of
the
Empire
,
and
that
is
the
true
and
proper
concurrence
of
both
Jurisdictions
in
framing
Ecclesiastical
Laws
.
§
.
XVI
.
The
Nestorian
Heresie
being
broke
and
vanquisht
by
the
Authority
of
the
Ephesine
Council
,
and
the
assistance
of
the
Imperial
Power
,
the
Church
injoyed
Peace
for
the
space
of
eighteen
years
,
and
govern'd
it self
by
its
own
Provincial
Synods
,
without
the
need
of
any
concurrence
from
the
Civil
State
,
till
the
fiery
Zeal
of
Abbot
Eutyches
,
an
over-driving
stickler
against
Nestorius
,
broke
out
in
new
Combustions
,
who
out
of
too
fierce
and
eager
opposition
to
the
exploded
Heresie
,
as
it
usually
happens
to
Men
of
furious
Tempers
,
runs
headlong
into
the
contrary
extreme
.
So
that
whereas
Nestorius
held
that
the
Divinity
and
Humanity
in
our
Saviour
were
two
distinct
Persons
as
well
as
Natures
,
he
teaches
that
though
they
were
two
distinct
Natures
before
the
Incarnation
,
yet
after
it
they
were
blended
into
one
.
Epist.
ad
●ulcber.
11.
And
for
this
dull
and
absurd
Metaphysicks
of
a
thick-skull'd
Monk
(
or
as
Pope
Leo
calls
it
,
Error
qui
de
imperitià
magis
quàm
de
versutiâ
natus
est
▪
not
a
whimsey
of
subtilty
but
dullness
)
must
the
Christian
World
be
set
in
Flames
and
Ashes
rather
then
part
with
the
honour
of
the
deep
Invention
,
so
that
it
brought
much
more
perplexing
trouble
and
disturbance
to
the
Christian
Church
then
the
Nestorian
Dream
.
For
though
that
was
not
overcome
without
great
difficulty
through
the
Treachery
of
the
Eunuchs
and
the
Courtiers
,
yet
Theodosius
being
now
grown
old
and
desirous
of
ease
,
he
submitted
to
their
Power
,
especially
the
Eunuch
Chrysaphius
,
who
as
he
was
his
particular
Favourite
,
so
was
he
Eutyches
his
particular
Friend
,
and
he
so
managed
the
Emperor
as
Eusebius
did
Constantius
,
and
Eudoxius
Valens
,
that
instead
of
assisting
the
Church
with
his
Imperial
Power
,
he
opprest
and
opposed
it
.
From
whence
it
was
that
during
all
his
Reign
,
it
could
never
cope
with
this
Heresie
,
though
by
the
good
providence
of
God
it
was
effectually
vanquish't
under
his
Successor
Marcian
,
who
came
to
the
Crown
both
by
the
Marriage
of
Pulcheria
Sister
of
Theodosius
,
and
the
Choice
of
the
Senate
and
the
Army
;
one
of
the
greatest
Princes
in
the
Imperial
Succession
,
and
the
man
that
next
to
Constantine
and
Theodosius
might
have
deserved
the
Sir-name
of
Great
[
*
](A56397-e31050-b)
*
Marcellinus
Comes
in
his
Character
of
Theodosius
.
Omnibus
Orientalibus
Principibus
praeponendus
,
nisi
quod
Marcianum
tertium
post
se
principem
imitatorem
habuerit
.
.
A
Prince
of
great
Conduct
,
Courage
,
Prudence
,
and
Piety
,
a
Lover
of
Justice
and
Honesty
,
a
strict
observer
of
the
Laws
of
the
Church
and
the
Empire
,
and
who
by
his
wise
management
left
all
things
in
such
a
quiet
posture
,
as
perhaps
no
other
Reign
can
equal
,
when
the
Successor
came
in
,
not
by
Inheritance
but
Election
.
And
therefore
I
shall
give
the
most
exact
account
that
I
can
,
of
the
Ecclesiastical
Transactions
of
his
Reign
,
it
being
so
clear
an
Exemplification
of
my
design
,
to
shew
the
right
and
the
wrong
ways
of
exerting
the
Civil
Power
in
Matters
of
the
Church
.
In
the
Year
449
,
Flavianus
Bishop
of
Constantinople
,
who
succeeded
P●oclus
,
that
succeeded
Maximianus
,
held
a
Council
of
the
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
or
the
Bishops
then
Resident
in
the
City
,
for
which
reason
in
the
Acts
of
the
Council
,
it
is
called
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
the
s●journing
Synod
,
according
to
the
new
and
corrupt
Custom
of
the
Bishops
of
that
City
upon
their
Usurpation
over
the
Rights
of
Metropolitans
,
to
receive
Appeals
from
the
Legal
Sentence
,
and
determine
them
in
the
Synod
of
these
Indwelling
Bishops
,
who
attended
at
Court
for
their
own
Affairs
and
Preferments
.
A
device
that
the
Bishops
of
Constantinople
were
forced
to
make
use
of
,
because
that
See
being
at
first
but
an
inferior
Bishoprick
,
and
subject
to
its
own
Metropolitan
of
H●raclea
,
it
could
not
pretend
to
a
Power
of
Convening
Synods
,
and
therefore
they
seize
this
opportunity
of
consulting
with
the
Bishops
Resident
in
the
City
without
any
Summons
,
and
this
by
Time
and
a
little
Custom
became
a
standing
Synod
superior
to
the
Provincial
Synods
.
And
that
was
the
particular
occasion
of
this
present
Council
under
Flavianus
,
viz.
A
Contest
of
Florentius
the
Metropolitan
of
the
Lydian
Sardis
,
Liberat.
Brev.
c.
11.
with
John
and
Cossinus
two
Bishops
of
his
Province
,
who
had
Appealed
from
their
Metropolitan
to
Flavianus
and
his
Court-Conclave
,
though
they
upon
hearing
of
the
Cause
were
so
civil
(
and
that
was
not
usual
either
with
them
or
any
other
Usurpers
)
as
to
judge
it
on
the
side
of
the
Metropolitan
.
But
that
matter
being
fairly
and
easily
dispatch't
,
Phrygia
Salutaris
,
and
a
man
eminent
for
Piety
and
Learning
▪
rises
up
and
accuses
his
old
Friend
Eutyches
(
having
long
in
vain
endeavoured
,
as
he
declares
to
the
Council
,
to
reclaim
him
by
private
advice
or
discourse
)
●f
holding
and
teaching
Heretical
Opinions
,
or
a
different
Faith
from
that
delivered
from
the
Apostles
,
and
received
by
the
Nicene
Fathers
,
and
delivers
up
the
Articles
of
his
Charge
in
Writing
.
Upon
this
Eutyches
is
summoned
to
appear
,
and
is
after
three
Citations
,
and
all
the
shifts
of
delay
,
unkenell'd
out
of
his
Monastery
,
and
stript
of
his
Orders
.
But
the
great
Eunuch
Chrysaphius
was
his
friend
,
and
before
the
Heretick
would
appear
,
he
flies
to
him
for
help
and
protection
,
and
he
prevails
with
the
Emperor
to
send
Florentius
a
Courtier
and
one
of
his
Creatures
,
with
a
Rabble
of
Monks
and
a
Guard
of
Souldiers
along
with
Eutyches
to
the
Council
,
but
for
all
that
upon
a
full
hearing
and
debating
of
the
Cause
,
he
is
again
deposed
,
and
eased
of
his
Abby
.
Upon
this
he
makes
his
Address
to
Pope
Leo
,
procures
the
Emperor's
Letters
in
his
behalf
,
and
among
his
many
other
Grievances
,
makes
that
acceptable
Complaint
▪
That
his
Appeal
to
the
Apostolical
See
was
rejected
by
the
Bishop
of
Constantinople
.
Leo
was
glad
of
any
opportunity
to
exert
his
universal
Pastorship
,
but
much
more
to
break
the
Power
of
that
Rival
See
,
and
therefore
he
greedily
takes
the
Judgment
of
the
Cause
to
himself
,
writes
a
very
huffing
Letter
to
Flavianus
,
rates
him
severely
for
not
acquainting
his
Holiness
with
his
Proceedings
,
but
much
more
tartly
for
denying
an
Appeal
to
the
Apostolical
See
,
and
peremptorily
Commands
him
to
return
all
the
Acts
of
the
Council
to
himself
as
the
only
Supreme
Judge
,
or
as
he
expresses
himself
in
his
Answer
to
the
Emperor
,
Ad
praedictum
autem
Episcopum
dedi
literas
,
quibus
mihi
displicere
cognosceret
,
quòd
ea
quae
in
tantâ
causâ
gesta
fuerant
,
etiam
nunc
silentio
reticeret
,
cùm
studere
debuerit
primitus
nobis
cuncta
reserare
.
Flavianus
knowing
the
Spirit
of
the
Man
,
and
being
afraid
of
giving
him
any
Provocation
,
returns
him
a
very
civil
and
submissive
Answer
●●gether
with
the
Acts
of
the
Council
,
humbly
requests
his
Concurrence
and
Approbation
,
and
assures
him
that
Eutyches
had
never
made
any
Appeal
to
his
Holiness
,
and
therefore
had
abused
him
with
a
palpable
falshood
.
Leo
upon
this
Information
and
the
perusal
of
the
Acts
is
satisfied
,
V.
Theodos.
Lit.
ad
Juven.
Act.
1.
and
so
the
Emperor
himself
took
it
.
And
though
Flavianus
and
Leo
opposed
it
with
all
their
Zeal
and
Power
,
yet
Eutyches
having
the
Eunuchs
favour
,
and
the
Emperors
own
aversation
against
Nestorius
to
back
him
,
he
prevails
,
and
a
second
Council
is
summoned
to
Ephesus
19
years
after
the
first
,
consisting
of
130
Bishops
,
and
the
Presidency
of
the
Council
is
by
Chrysaphius
his
Power
with
the
Emperor
determined
to
Dioscorus
by
special
Commission
.
Pope
Leo
is
invited
,
but
his
Answer
is
,
That
he
neither
would
nor
could
come
,
he
could
not
,
because
at
that
time
Rome
was
distressed
by
the
Huns
,
and
he
would
not
,
because
it
was
not
becoming
the
State
of
the
Apostolick
Chair
to
appear
in
any
Council
,
but
however
he
sends
his
Legates
with
Letters
to
the
Council
(
little
suspecting
those
Irregularities
that
ensued
,
but
by
the
Artifice
of
Dioscorus
they
were
not
so
much
as
suffered
to
be
read
,
and
upon
it
the
Legates
quit
the
Council
,
and
upon
that
all
things
are
carried
with
Tumult
and
Violence
by
Dioscorus
of
Alexandria
,
Juvenal
of
Jerusalem
,
Thalassius
of
Caesarea
,
and
Barsumas
a
debauch't
Abbot
,
who
was
particularly
summoned
by
the
Emperor
,
and
his
Vote
made
equal
with
the
Bishops
contrary
both
to
the
Canons
and
the
Custom
of
the
Church
,
as
appears
by
the
Subscriptions
to
the
late
Council
of
Constantinople
under
Flavianus
against
Eutyches
,
Action
the
7th
,
where
the
Bishops
subscribe
in
this
Form
,
IN
Bishop
subscribe
as
Judge
,
and
the
Abbots
in
this
only
,
IN
Presbyter
and
Abbot
subscribe
the
Condemnation
.
And
beside
all
these
Irregularities
,
Count
Elpidius
,
who
was
sent
by
the
Emperor
to
preside
and
keep
good
order
,
favouring
Eutyches
out
of
Complyance
with
Chrysaphius
took
the
Judgment
of
the
Council
to
himself
,
so
as
to
hinder
all
Canonical
Proceedings
,
and
that
soon
run
the
whole
matter
into
Tumult
and
Confusion
,
Barsumas
and
his
Monks
breaking
into
the
Council
,
beating
some
,
imprisoning
others
,
and
forcing
others
to
subscribe
a
Blank
for
Eutyches
his
Absolution
,
and
so
Eutyches
is
absolved
,
Flavianus
and
Eusebius
of
Dorilaeum
Condemned
,
and
imprisoned
too
together
with
the
Popes
Legates
,
only
Hilarus
escaping
by
Flight
.
And
to
confirm
all
these
unpriestly
and
unchristian
Enormities
,
Chrysaphius
procures
an
Imperial
Rescript
,
which
we
shall
find
afterwards
reverst
by
the
Emperor
Marcian
.
But
within
three
days
after
the
Scuffle
Flavianus
dies
in
Goal
of
the
Wounds
given
him
by
Barsumas
and
his
Mirmidons
,
and
to
him
succeeds
Anatolius
,
though
he
cannot
pass
at
Rome
without
absolute
submission
to
Pope
Leo
his
Epistles
,
and
the
Catholick
Church
,
as
if
they
were
the
same
thing
.
But
Dioscorus
having
carried
things
with
so
high
an
hand
and
bold
success
,
returns
home
flusht
and
drunk
with
Victory
,
and
in
one
of
his
Fits
excommunicates
Pope
Leo
himself
.
But
the
only
effect
of
all
these
disorders
and
disturbances
in
the
Church
at
that
time
,
was
the
advancement
of
the
Papal
Greatness
,
for
as
this
Pope
never
failed
to
exert
his
Power
to
the
utmost
,
so
every
success
raised
his
Throne
to
a
greater
height
,
and
he
so
managed
this
advantage
,
as
to
bring
the
design
of
the
Papal
Supremacy
,
as
it
was
laid
by
Innocent
the
First
to
its
full
perfection
.
For
though
the
Title
of
Head
of
the
Universal
Church
was
not
gain'd
till
Boniface
the
Third
,
yet
Pope
Leo
went
away
with
the
Power
,
and
as
will
appear
by
the
Event
,
exercised
a
real
Supremacy
over
the
Catholick
Church
.
For
being
informed
of
these
wild
disorders
,
he
immediately
calls
a
Council
,
and
writes
to
the
Emperor
to
Conjure
him
by
the
Holy
Trinity
,
and
as
he
will
answer
it
at
the
Divine
Tribunal
,
to
null
all
the
Acts
of
that
Prophane
Council
,
and
by
Vertue
of
an
Appeal
,
that
Flavianus
made
to
himself
before
his
death
,
demands
a
General
Council
to
be
held
in
Italy
.
And
this
he
seconds
with
another
to
his
Sister
Pulcheria
,
begging
her
intercession
with
the
Emperor
.
And
the
Emperor
Valentinian
with
his
Mother
Placidia
,
and
his
Queen
Eudoxia
hapning
to
visit
Rome
at
that
time
,
Leo
so
plyes
them
with
ruful
Stories
of
the
late
Ephesine
Persecution
,
that
he
dissolves
the
Women
into
Tears
,
and
engages
all
their
Zeal
to
intercede
with
Theodosius
for
an
Italian
Council
,
and
this
they
all
do
out
of
that
dutiful
respect
to
the
Supremacy
of
St.
Peter
,
to
whom
Leo
tells
them
,
that
our
Saviour
and
all
Antiquity
had
ever
given
the
Sacerdotii
Principatus
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
and
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
they
express
it
in
their
several
Epistles
.
But
the
Emperor
was
so
prepossest
by
his
Eunuchs
,
and
his
Zeal
against
Nestorius
,
that
no
importunity
could
prevail
upon
him
,
the
thing
being
already
Canonically
determined
,
as
he
replyes
to
the
Empress
in
answer
to
her
Letrer
of
Intercession
,
and
by
an
Imperial
Rescript
ratifies
the
deposition
of
Flavianus
as
guilty
of
the
Nestorian
Heresie
,
and
justifies
all
the
Proceedings
against
him
at
Ephesus
,
but
if
we
may
relye
upon
the
Crude
Reports
of
Nicephorus
and
some
later
Writers
(
which
I
never
do
)
he
repented
before
his
death
and
sent
Chrysaphius
into
Banishment
,
however
that
was
,
no
publick
satisfaction
was
made
to
the
Church
till
after
his
death
,
when
Marcian
reverst
all
the
Acts
of
the
Council
together
with
the
Rescript
of
Theodosius
by
which
it
was
confirmed
,
restored
the
banish'd
Bishops
,
and
removed
the
Body
of
Flavianus
to
Constantinople
,
and
for
the
complete
settlement
of
the
Church
summoned
a
Council
of
630
Bishops
in
the
Year
451
,
first
at
Nice
,
and
afterward
at
the
request
of
the
Fathers
,
at
Calcedon
.
For
these
being
sensible
of
the
Abuses
that
had
been
put
upon
the
Church
,
by
the
Imperial
Delegates
in
several
Councils
,
they
were
desirous
that
the
Emperor
himself
might
,
if
there
hap'ned
any
Contest
about
their
Proceedings
,
interpose
by
his
own
immediate
Authority
;
he
being
then
detein'd
by
urgent
Affairs
of
State
at
Constantinople
,
and
Calcedon
being
no
more
then
a
Miles
distance
on
the
other
side
the
Thracian
Bosphorus
.
And
by
this
putting
themselves
into
his
Imperial
Majesties
own
Protection
,
they
in
a
great
measure
secured
the
Liberties
of
the
Church
,
and
rescued
it
from
the
long
continued
Abuses
of
the
Court-Debauchees
;
insomuch
that
though
the
Emperor
sent
many
of
his
Chief
Officers
of
State
to
manage
and
moderate
in
Council
,
yet
they
never
presumed
to
conclude
any
thing
,
till
himself
was
present
at
the
6th
Session
.
But
the
Council
being
met
at
the
Emperor's
Summons
,
Pope
Leo
sends
his
Legates
and
his
Letters
,
in
which
he
is
pleased
to
take
notice
of
his
Majesties
particular
Respect
to
the
Apostolick
See
,
in
that
he
did
not
Summon
,
but
only
invite
him
to
the
Council
,
when
he
was
not
obliged
to
appear
in
Person
,
or
as
Hilarus
,
one
of
his
Delegates
,
afterwards
pleads
in
the
Council
it self
,
that
it
was
without
Precedent
and
against
all
Prescription
for
a
Pope
of
Rome
to
appear
in
Council
.
in
Labbè
.
But
his
Holiness
not
being
obliged
to
execute
the
Office
of
Supremacy
in
Person
,
he
sends
his
Legates
or
Curates
as
his
Representatives
to
preside
over
and
manage
the
Council
.
And
the
Council
being
opened
,
Paschasinus
,
that
was
the
Fore-man
of
the
Ambassy
,
moves
in
his
Masters
name
,
the
Bishop
of
Rome
,
the
head
of
all
Churches
,
that
Dioscorus
of
Alexandria
may
be
call'd
to
the
Bar
,
and
not
suffer'd
to
sit
as
Judg
in
Council
,
otherwise
himself
and
his
Brethren
were
commanded
by
their
Commission
to
remonstrate
.
Here
the
Judges
require
his
Accusation
.
To
this
Lucentius
,
another
Legate
,
replys
,
That
his
Crime
was
too
evident
,
in
that
he
had
presumed
to
assume
to
himself
the
Authority
of
a
Judg
,
and
pass't
sentence
,
not
only
without
,
but
against
the
judgment
of
the
Apostolick
See
,
which
as
it
never
ought
to
be
done
,
so
it
never
had
been
done
;
and
for
this
reason
he
is
not
admitted
to
sit
upon
the
Bench
,
but
is
turn'd
down
to
the
Bar
,
and
his
Indictment
is
exhibited
by
Eusebius
of
Dorilaeum
.
But
its
Prosecution
was
at
present
superseded
by
Theodoret's
appearing
in
Council
,
that
occasion'd
a
Tumult
of
the
Egyptian
,
Illyrican
and
Palestine
Bishop
,
against
him
,
and
the
Eastern
,
Pontick
,
Asiatick
and
Thracian
Bishops
for
him
,
upon
the
account
of
the
Animosity
between
him
and
Cyril
about
the
Anathema's
.
From
hence
they
fall
to
the
Examination
of
the
Acts
of
the
Ephesine
Council
,
where
the
forgeries
,
the
frauds
,
the
violent
and
illegal
Proceedings
of
Dioscorus
,
Juvenal
,
and
their
Associates
against
Flavianus
and
Eusebius
are
at
large
most
shamefully
exposed
to
the
World
,
but
their
punishment
is
referred
to
the
Emperor
,
and
so
ends
the
first
Action
.
In
the
second
they
proceed
to
treat
of
the
settlement
of
the
Faith
,
where
they
establish
the
Nicene
Faith
against
Arius
,
the
Ephesine
against
Nestorius
,
and
the
Epistle
of
Pope
Leo
to
Flavianus
against
Eutyches
,
as
necessary
Expositions
of
the
Faith
.
In
the
third
Session
(
which
Valesius
says
ought
to
have
been
the
second
)
comes
on
the
Tryal
of
Dioscorus
,
who
upon
divers
Accusations
brought
into
the
Council
against
him
,
and
after
three
Citations
refusing
to
appear
,
is
deposed
.
It
is
pretty
to
observe
in
this
sentence
,
how
under
this
swelling
Pope
the
Acts
and
Forms
of
Court
were
innovated
for
the
advantage
of
the
Papal
Power
.
The
Libels
or
Petitions
against
the
Offender
are
addrest
in
the
first
place
to
the
Oecumenical
Arch-bishop
and
Patriarch
of
Rome
,
and
then
to
the
Council
it self
.
And
then
none
must
denounce
the
Sentence
,
but
his
own
Legates
,
and
that
too
must
be
done
,
not
in
the
name
of
the
Council
,
but
in
the
Name
and
by
the
Authority
of
Pope
Leo
and
St.
Peter
,
and
this
being
done
,
the
Council
signifie
their
sentence
to
the
Emperor
and
Empress
,
where
again
they
give
all
the
glory
of
the
Action
to
Pope
Leo.
In
the
fourth
Action
,
beside
repeting
the
former
Decrees
,
a
Committee
is
appointed
to
debate
farther
concerning
the
Faith
,
and
Leo's
Epistle
,
which
they
represent
to
the
Council
as
agreeable
in
all
particulars
to
the
Nicene
Faith
.
After
that
,
the
Judges
acquaint
the
Fathers
that
the
Emperor
is
pleased
to
refer
back
the
sentence
against
the
Accomplices
of
Dioscorus
to
themselves
,
but
they
tacking
about
,
and
following
the
dance
of
that
shameless
Ecebolian
Juvenal
of
Jerusalem
,
and
subscribing
the
Epistle
of
Pope
Leo
,
are
reconciled
and
admitted
to
sit
.
In
the
next
place
the
Egyptian
Bishops
refuse
to
subscribe
either
the
Condemnation
of
Eutyches
and
Dioscorus
,
or
the
confirmation
of
Leo's
Epistle
,
during
the
Vacancy
of
the
Arch
bishoprick
of
Alexandria
upon
the
deposition
of
Dioscorus
,
it
being
both
against
the
Canons
and
the
Custom
of
their
Church
,
to
act
any
thing
without
the
consent
of
their
Arch-bishop
.
But
this
the
Council
interpret
a
meer
shift
and
tergiversation
,
to
escape
the
subscription
to
their
Decrees
,
and
therefore
insist
upon
it
before
their
dismission
.
And
tell
them
withal
,
that
the
Canon
was
valid
as
to
the
ordinary
Affairs
of
their
own
Province
,
but
ought
to
be
anticipated
and
superseded
by
the
determinations
of
general
Councils
,
that
include
and
over-rule
all
Provincial
Jurisdictions
.
In
answer
to
this
they
declare
their
own
readiness
to
subscribe
,
but
dare
not
for
fear
of
the
People
when
they
return
home
,
who
they
knew
would
lay
violent
hands
upon
them
,
for
betraying
the
Rights
of
the
great
Alexandrian
Metropolitan
.
And
after
long
drawing
on
either
side
,
the
matter
is
adjusted
by
the
mediation
of
the
Secular
Judges
,
that
their
subscription
should
be
respited
till
the
election
of
a
new
Arch-bishop
,
which
was
accepted
by
Paschasinus
the
Popes
Legate
,
upon
this
condition
that
they
would
give
Security
by
Oath
or
Sureties
not
to
depart
the
City
till
that
was
done
,
which
being
readily
perform'd
it
ended
the
Controversie
.
After
this
follows
the
Petition
of
the
Eutychian
Monks
of
Constantinople
to
the
Emperor
,
which
he
referr'd
to
the
Council
,
as
he
did
all
other
Addresses
,
but
it
being
in
behalf
of
Dioscorus
against
the
Council
,
and
particularly
their
own
Bishop
Anatolius
,
from
whom
they
threaten
to
divide
Communion
,
if
they
persist
in
their
Sentence
against
Dioscorus
,
they
are
taught
by
Aëtius
the
Arch-deacon
of
Constantinople
in
a
Premunire
against
the
4
th
and
5
th
Canons
of
the
Council
of
Antioch
,
whereby
all
Presbyters
are
actually
excommunicated
,
that
presume
to
separate
from
their
own
Bishop
.
But
before
they
can
be
farther
heard
in
Council
,
they
are
required
to
subscribe
the
Epistle
of
Pope
Leo
against
Eutyches
and
his
prophane
Novelties
,
which
refusing
they
are
deposed
from
their
Orders
and
expell'd
their
Monasteries
.
The
Imperial
,
or
(
as
the
Council
phrases
it
)
the
external
Power
,
according
to
the
holy
Laws
of
their
Ancestors
,
backing
their
Decree
against
the
Contumacious
.
This
Action
is
shut
up
with
a
very
fair
decision
of
a
Controversie
between
Photius
Bishop
of
Tyre
,
and
Eustathius
Bishop
of
Beryte
,
who
being
a
subject
Bishop
to
Photius
had
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
by
subreption
procured
a
Rescript
in
the
time
of
Theodosius
the
Younger
,
to
bring
part
of
the
Province
into
subjection
to
himself
,
and
by
force
and
threatning
extorts
Photius
his
consent
to
it
.
But
this
great
Council
now
sitting
,
Photius
Petitions
the
Emperor
to
write
to
the
Council
to
redress
his
wrong
,
which
is
easily
granted
,
where
the
cause
being
debated
,
Eustathius
confesses
the
Canon
against
him
,
but
pleads
the
Imperial
Rescript
against
that
.
But
this
Plea
is
utterly
rejected
both
by
the
Judges
and
the
Bishops
,
to
whom
the
Judges
referred
its
final
judgment
,
who
determin'd
it
upon
this
rule
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
The
Imperial
Pragmaticks
are
of
no
force
against
the
Canons
.
Upon
this
Eustathius
pleads
the
Authority
of
Anatolius
,
and
a
Synod
of
his
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
or
Bishops
sojourning
at
Constantinople
who
had
proceeded
so
far
in
this
contest
,
as
to
excommunicate
Photius
,
though
uncited
and
unheard
;
upon
this
the
Judges
refer
it
to
the
Council
,
Whether
that
were
a
legal
Synod
;
to
which
Anatolius
pleads
,
That
it
was
so
by
Custom
,
though
not
by
Law
:
But
against
this
the
4
th
Canon
of
Nice
is
urged
,
that
no
Bishop
can
be
ordain'd
without
the
consent
of
his
Metropolitan
,
which
Eustathius
having
done
,
by
whatsoever
other
Authority
,
it
was
an
open
breach
of
that
Canon
,
and
so
adjudged
by
the
Council
,
to
whom
the
Secular
Judges
intirely
lest
the
Judicature
,
as
proper
to
their
Jurisdiction
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
(
as
they
declare
)
to
give
the
final
Sentence
about
these
Matters
,
which
being
done
by
the
Council
in
behalf
of
Photius
,
it
is
thus
confirm'd
by
the
Judges
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
.
Let
the
Decrees
of
the
Council
stand
establisht
forever
.
And
upon
it
Cecropius
Bishop
of
Sebastopolis
is
incouraged
to
move
,
That
all
Imperial
Pragmaticks
for
the
Alteration
of
the
settled
bounds
of
Provinces
may
be
taken
away
forever
,
as
bringing
certain
disturbance
and
confusion
upon
the
Government
of
the
Church
;
which
being
seconded
by
the
Synod
,
is
confirm'd
by
the
Consent
of
the
Judges
.
In
the
5
th
Action
after
many
Debates
,
the
Judges
having
no
mind
to
the
Imposition
of
Leo's
Epistle
,
the
Fathers
proceed
to
the
settlement
of
the
Faith
,
and
having
first
approved
the
Creeds
of
the
three
other
general
Councils
,
they
add
a
4
th
of
their
own
framing
against
Eutyches
,
not
that
they
intended
to
make
a
new
Creed
;
but
as
a
necessary
declaration
of
the
ancient
Faith
against
his
upstart
Heresie
.
The
sixth
Action
is
one
of
the
most
remarkable
Instances
of
the
right
use
of
the
Imperial
Power
in
the
Christian
Church
,
that
we
have
upon
record
in
all
the
Histories
of
it
.
For
the
Council
being
fully
agreed
about
the
settlement
of
the
Faith
in
the
last
Session
,
in
this
the
Emperor
with
his
Empress
attended
by
a
great
Train
of
Nobles
,
comes
to
confirm
their
Decrees
,
as
he
professes
in
his
Speech
to
the
Holy
Fathers
.
Nos
enim
ad
sidem
confirmandam
,
non
ad
potentiam
aliquam
exercendam
ex●mplo
religiosi
Principis
Constantini
Synodo
interesse
voluimus
.
He
came
into
the
Council
not
to
make
,
but
confirm
and
ratifie
their
Decrees
,
by
his
Imperial
Power
.
And
therefore
having
the
Acts
of
the
last
Session
read
before
him
,
with
the
Subscriptions
of
all
the
Bishops
to
the
Confession
of
Faith
,
he
there
immediately
enacts
this
Penal
Law
to
inforce
the
observation
of
their
Decree
.
The
Catholick
Faith
being
declared
by
the
holy
Synod
according
to
the
Tradition
of
the
Fathers
,
we
think
it
both
decent
and
our
duty
to
cut
off
for
the
time
to
come
all
farther
Debates
about
it
.
If
therefore
any
private
Citizen
,
Soldier
or
Clergy-man
shall
hereafter
make
any
disturbance
by
attempting
any
publick
Disputation
about
the
Faith
,
the
Citizen
shall
be
banisht
,
the
Soldier
disbanded
,
and
the
Clerk
deposed
,
and
be
obnoxious
to
further
punishment
at
our
Royal
Pleasure
.
And
thus
having
with
so
much
Prudency
and
Decency
exerted
his
Imperial
Authority
in
Controversies
of
Faith
,
〈◊〉
not
at
all
to
interpose
his
own
Power
in
making
the
determination
,
but
to
imbrace
and
confirm
the
resolution
of
the
Holy
Fathers
,
the
proper
Judges
in
the
Case
,
in
the
next
place
he
exerts
his
Authority
in
matters
of
Discipline
.
For
having
observed
some
defects
in
the
Clergy
,
both
against
the
ancient
Canons
and
the
Imperial
Laws
,
he
propounds
it
to
the
Council
that
they
would
take
care
to
provide
for
their
Reformation
.
And
this
,
he
declares
,
he
does
out
of
meer
Respect
and
Honor
to
their
Function
,
as
thinking
it
more
decent
that
they
should
be
canonically
determin'd
in
Council
,
then
enacted
and
inforced
by
his
own
Imperial
Laws
.
And
as
it
was
a
civil
Decency
,
so
it
was
no
more
,
for
the
Abuses
that
he
complain'd
of
,
were
such
as
concern'd
the
Peace
of
the
Empire
,
as
well
as
the
Church
,
as
the
Tumults
and
Disorders
of
the
Monks
,
frequent
Instances
whereof
as
we
have
met
with
through
the
whole
progress
of
this
Story
,
so
were
they
the
Masters
of
these
present
Revels
.
And
certainly
such
Disorders
concern'd
his
own
Imperial
Power
,
if
the
Peace
of
the
Empire
did
so
.
As
for
his
other
two
Proposals
,
the
first
against
the
trading
,
and
the
second
against
the
wandring
of
the
Clergy
,
they
were
properly
subject
to
the
Imperial
Power
,
because
though
these
and
the
like
irregularities
were
first
forbidden
by
the
Ecclesiastical
Canons
,
yet
they
had
before
this
time
been
often
restrain'd
by
the
Imperial
Laws
,
as
we
have
seen
above
out
of
the
Theodosian
Code
.
After
this
the
Emperor
in
Complement
to
the
memory
of
the
Holy
Martyr
St.
Euphemia
,
in
whose
Church
the
Council
was
held
,
gives
the
City
of
Calcedon
the
honor
of
a
Titular
Metropolis
,
securing
all
the
Rights
of
Metropolitical
Power
to
the
Metropolitan
of
Nicomedia
.
And
here
some
say
the
Council
ended
,
the
Fathers
having
dispatcht
the
whole
work
,
for
which
they
were
summon'd
,
the
following
Sessions
being
only
taken
up
with
casual
and
personal
Controversies
,
and
therefore
by
some
of
the
Ancients
they
are
made
distinct
Councils
,
and
this
latter
part
in
some
of
their
Writings
goes
under
the
name
of
the
5
th
Council
.
The
seventh
Session
is
spent
in
confirming
the
Agreement
or
Concordate
between
Juvenal
of
Jerusalem
and
Maximus
of
Antioch
about
dividing
their
Usurpations
.
How
Juvenal
that
had
been
all
along
such
an
active
Confederate
with
Dioscorus
,
and
stood
guilty
of
the
same
Crimes
,
came
to
meet
with
so
much
favor
,
is
easie
enough
to
conceive
,
being
a
great
Court-Parasite
,
and
Church-trimmer
,
and
so
by
his
cringings
and
flatteries
had
wrigled
himself
into
the
good
Opinion
of
the
Fathers
.
In
the
8
th
Action
Theodoret
is
restored
to
his
Church
,
upon
his
anathematising
Nestorius
and
his
Heresie
;
and
that
was
a
very
easie
matter
for
him
to
do
,
when
he
had
all
along
done
the
same
,
having
only
opposed
the
unseasonable
imposition
of
Cyril's
Anathema's
.
The
9
th
and
10
th
Actions
were
taken
up
with
the
case
of
Ibas
Bishop
of
Edessa
,
who
had
been
accused
to
the
Emperor
Theodosius
by
some
Eutychians
,
as
guilty
of
the
Nestorian
Heresie
,
and
by
him
the
cause
was
referr'd
to
a
Synod
at
Beryte
,
in
which
he
anathematised
Nestorius
and
all
his
Doctrines
,
and
was
cleared
of
his
Indictment
.
But
in
the
violent
Council
of
Ephesus
he
was
again
accused
by
Eutyches
himself
,
and
without
being
heard
,
deposed
and
imprison'd
.
But
now
upon
his
Petition
is
heard
in
this
Council
,
and
after
the
examination
of
all
Records
and
Witnesses
,
he
is
again
found
clear
of
the
Nestorian
Heresie
,
all
the
Accusation
being
grounded
upon
his
opposition
to
Cyril's
Anathema's
.
And
the
true
State
and
Account
of
that
Controversie
between
Cyril
and
Nestorius
,
and
the
Eastern
Bishops
against
both
,
is
best
described
by
Ibas
himself
in
his
Famous
Epistle
to
Maris
Persa
,
recorded
among
the
Acts
of
the
10th
Session
.
The
subject
of
the
11th
and
12th
Actions
was
a
Contest
between
Bassianus
and
Stephanus
for
the
Bishoprick
of
Ephesus
,
but
they
being
both
uncanonically
ordeined
,
are
both
deposed
.
Upon
this
occasion
the
Asiaticks
move
that
the
new
Bishop
may
be
Consecrated
at
Ephesus
according
to
the
Canons
.
No
,
say
the
Constantinopolitans
,
but
in
this
City
according
to
Custom
,
as
they
falsly
pretended
for
all
their
Usurpations
,
to
do
illegal
things
,
and
then
make
them
a
Precedent
to
warrant
their
illegal
doings
.
This
occasions
a
new
Contest
about
the
Prerogative
of
the
Bishop
of
Constantinople
to
ordein
other
Metropolitans
;
but
he
and
his
Party
being
conscious
to
themselves
of
the
weakness
of
their
own
pretence
,
they
let
fall
the
Controversie
.
The
most
observable
passage
in
this
Action
,
next
to
the
Contest
it self
,
and
the
Constantinopolitan
Plea
to
justifie
their
Usurpation
by
illegal
Custom
against
Canon
,
is
the
Plea
of
Bassianus
to
make
good
the
Title
to
his
Bishoprick
,
viz.
That
he
was
Consecrated
by
the
Bishops
of
the
Province
,
and
his
Consecration
allowed
and
confirmed
by
the
Emperor
,
and
that
is
an
instance
of
the
Custom
of
those
times
,
that
the
Princes
Approbation
was
necessary
to
the
Instalment
of
a
Bishop
,
though
the
Power
of
Election
was
placed
in
the
Provincial
Synod
.
Upon
what
reason
of
State
this
Power
of
the
Prince
was
grounded
,
I
shall
shew
,
when
I
come
to
argue
the
reason
of
the
thing
,
at
present
I
only
alledge
this
as
an
instance
of
the
practice
.
And
of
the
same
nature
is
the
next
Action
,
of
a
Case
setting
up
a
new
Custom
and
the
pretence
of
an
Imperial
Rescript
against
Canon
and
Ancient
Practice
.
For
whereas
Nicomedia
had
ever
been
the
Metropolis
of
Bythinia
,
the
Emperors
Valentinian
and
Valens
had
conferred
the
Title
and
Honour
of
a
Metropolis
upon
the
City
of
Nice
,
reserving
the
Metropolitan
Power
to
Nicomedia
.
Upon
occasion
and
pretence
of
this
Grant
Anastasius
Bishop
of
Nice
usurps
to
himself
the
Power
of
Jurisdiction
over
some
part
of
the
Province
,
and
particularly
Basilonopolis
;
of
this
Eunomius
Bishop
of
Nicomedia
and
Metropolitan
of
Bithynia
makes
his
Complaint
to
the
Council
:
and
they
to
adjust
the
Ecclesiastical
Canons
and
the
Imperial
Rescript
,
grant
the
Honour
of
a
Metropolis
to
Nice
,
but
so
as
to
reserve
the
Power
entire
to
Nicomedia
.
Hereupon
Aëtius
the
Arch-Deacon
of
Constantinople
,
(
who
lay
at
catch
for
all
opportunities
to
advance
the
Grandeur
of
that
See
,
)
interposes
a
provision
that
this
Decree
may
not
be
interpreted
to
the
disadvantage
of
the
Bishop
of
Constantinople
,
of
whose
Power
to
ordain
the
Bishops
of
Basilonopolis
he
was
ready
to
produce
divers
Precedents
.
But
this
was
rejected
by
the
Fathers
,
as
being
,
whether
true
or
false
as
to
matter
of
Fact
,
contrary
to
the
Canons
,
so
that
hitherto
they
were
not
able
to
fasten
any
of
the
Constantinopolitan
Usurpations
upon
the
Authority
of
the
Council
.
The
next
Transaction
is
to
correct
and
rectifie
another
Irregularity
of
that
pilfering
See
in
the
Controversie
between
Athanasius
and
Sabinianus
,
for
the
Bishoprick
of
Perrha
.
For
whereas
Athanasius
had
been
Canonically
deposed
by
his
own
Metropolitan
,
he
repairs
to
Constantinople
and
makes
his
Complaints
to
Proclus
,
who
according
to
his
Custom
greedily
embraces
his
Appeal
,
and
writes
to
Domnus
Arch-Bishop
of
Antioch
in
his
behalf
,
who
upon
it
calls
a
Council
to
review
the
former
Judgment
;
which
he
had
in
great
kindness
committed
to
Panolbius
,
that
was
an
intimate
friend
to
Athanasius
,
and
upon
enquiry
finds
that
Athanasius
was
so
conscious
to
himself
of
the
Crimes
laid
to
his
Charge
,
that
he
never
durst
stand
his
Tryal
,
and
to
avoid
it
,
had
resign'd
his
Bishoprick
,
and
withal
was
so
diffident
of
his
Cause
at
the
second
hearing
,
that
he
durst
not
so
much
as
appear
,
under
pretence
that
Domnus
his
Metropolitan
was
his
Enemy
,
and
so
is
again
deposed
.
And
yet
for
all
this
he
is
so
restless
as
to
bring
his
old
Complaints
even
to
this
Great
Council
,
and
they
taking
a
full
Examination
of
all
the
former
Proceedings
,
find
that
they
can
afford
him
no
Relief
,
and
yet
because
he
had
an
excuse
for
his
Non-appearance
at
his
last
Tryal
,
viz.
The
enmity
between
him
and
Domnus
,
they
were
so
tender
as
not
to
give
final
Sentence
against
him
,
but
refer
the
effectual
Judgment
of
the
Cause
to
Maximus
the
present
Bishop
of
Antioch
,
against
whom
he
could
make
no
Exception
.
Hitherto
the
Proceedings
of
the
Council
were
fair
and
regular
enough
,
but
in
the
next
Session
,
in
which
they
draw
up
their
Canons
,
the
Clergy
of
Constantinople
with
some
others
that
they
had
pack't
together
▪
being
not
above
a
third
part
of
the
Council
,
put
a
slur
upon
the
whole
Council
,
for
whereas
27
Canons
were
Voted
and
Subscribed
by
all
the
Fathers
,
after
the
rising
of
the
Council
,
the
Judges
,
and
the
Legates
,
they
Vote
another
Canon
granting
an
exorbitant
and
illegal
Power
to
the
Bishop
of
Constantinople
over
the
Metropolitans
of
three
whole
Diocesses
,
and
clap
that
to
the
Canons
of
the
Council
;
but
with
what
ingenuity
it
was
done
,
and
how
worthily
defended
,
when
the
Abuse
was
complained
of
in
the
next
meeting
,
and
how
slitely
the
Business
was
carried
by
the
Judges
,
and
what
fierce
and
bloody
Wars
it
occasioned
in
the
Church
between
the
two
Great
Prelates
of
Rome
and
Constantinople
,
I
have
already
elsewhere
represented
,
and
therefore
shall
forbear
any
farther
Account
of
it
here
,
where
my
main
design
is
to
give
an
account
of
the
H●story
of
the
right
Concurrence
of
the
distinct
Powers
of
Church
and
State
in
its
Government
.
And
setting
aside
this
last
Action
,
that
was
carried
by
fraud
and
stealth
,
this
Council
seems
to
have
been
more
decent
and
regular
in
its
Proceedings
then
any
other
whatsoever
since
the
Council
of
Nice
,
and
had
this
advantage
above
the
rest
,
that
it
was
not
left
to
the
superintendency
of
one
or
two
Courtiers
,
but
was
committed
to
the
Care
and
Conduct
of
a
great
number
of
Persons
of
Honour
and
Quality
,
who
behaved
themselves
with
all
the
decency
of
temper
,
prudence
,
and
civility
.
For
as
they
managed
the
order
of
proceedings
and
interlocutions
with
great
Art
,
cutting
off
all
impertinency
and
unnecessary
talk
;
so
they
never
interposed
the
Authority
of
their
own
Judgment
in
any
matter
,
but
entirely
referred
every
thing
little
or
great
to
the
determination
of
the
Bishops
,
and
were
so
complemental
in
their
respect
to
the
Church
,
that
they
would
not
presume
to
be
so
much
as
present
at
those
Sessions
,
in
which
the
Confession
of
Faith
was
drawn
up
,
that
being
only
a
work
proper
to
those
who
were
Commissionated
to
it
by
our
Saviour
himself
.
And
when
it
was
finisht
the
Emperor
declares
,
That
it
was
not
establisht
by
his
own
,
but
by
the
Councils
Authority
,
that
he
came
to
own
and
confirm
what
they
had
Enacted
▪
and
so
requires
all
his
Subjects
to
acquiesce
in
what
was
settled
by
their
Authority
,
under
severe
Penalties
to
be
inflicted
by
his
own
.
In
all
which
all
Partie●
seem'd
to
have
observed
all
the
Rules
not
only
of
Justice
but
of
decency
,
and
to
have
shewn
that
Civility
to
the
Church●
that
all
men
,
though
there
were
no
other
Obligation
,
then
meer
good
manners
,
owe
to
the
Religion
that
themselves
profess
.
And
though
the
Clergy
of
Constantinople
and
their
Confede●ates
were
guilty
of
great
and
shameless
disingenuity
in
the
last
Session
,
not
only
breaking
,
but
perverting
and
falsifying
the
Canons
of
the
Church
,
yet
the
Emperor
and
Judges
cannot
be
very
much
blamed
,
who
were
Strangers
to
these
matters
,
and
took
the
motion
to
be
nothing
else
then
a
Complement
of
particular
respect
and
honour
to
the
Imperial
City
,
and
as
such
they
pass
it
,
that
as
the
Ancient
Canons
had
given
pre-eminence
to
the
Bishop
of
old
Rome
out
of
respect
to
the
dignity
of
the
head
City
,
so
new
Rome
being
now
advanced
to
an
Equality
with
it
in
the
Empire
,
it
was
but
fit
to
raise
it
to
the
same
degree
of
honour
in
the
Church
.
And
that
had
been
no
great
harm
,
had
it
been
done
without
robbing
other
Churches
of
their
just
Rights
and
Priviledges
,
which
though
the
Clergy
understood
,
the
Laicks
did
not
,
because
what
was
here
settled
by
Law
,
they
had
always
seen
practised
by
Custom
,
and
therefore
had
no
reason
to
look
upon
it
as
an
Innovation
.
But
as
for
the
Eutychian
Heresie
,
that
was
the
proper
business
of
this
Council
,
it
being
so
fairly
Condemned
by
the
Ecclesiastical
Judgment
,
they
according
to
Form
and
Custom
send
the
Relation
to
the
Emperor
for
his
Royal
Confirmation
,
wherein
they
do
not
so
much
acquaint
him
with
their
Decree
,
(
with
which
he
had
been
before
acquainted
,
having
confirm'd
it
in
the
6th
Session
)
as
justifie
their
Authority
to
make
it
,
and
it
is
a
very
rational
discourse
of
the
true
use
of
Councils
and
their
Authoritative
determinations
in
the
Christian
Church
.
It
is
not
(
say
they
)
to
make
new
Doctrines
of
Faith
,
but
to
protect
the
old
Truths
against
the
wantonness
of
Innovators
;
so
that
if
all
men
would
be
content
with
the
Ancient
Faith
,
it
would
be
needless
for
the
Church
to
make
any
new
Declarations
,
but
when
men
leave
the
old
Track
of
Religion
,
to
loose
themselves
in
their
own
new
contrived
Labyrinths
,
and
corrupt
the
plain
and
simple
Truth
with
over
nice
and
curious
Inventions
,
it
is
then
necessary
for
the
Church
to
stop
their
Vanity
,
by
its
Authoritative
Declaration
of
the
Truth
it self
.
Not
as
if
there
were
something
defective
in
the
Faith
,
and
the
Church
were
always
adding
to
it
,
but
to
make
such
wholesome
Provisions
,
as
it
judges
most
convenient
against
all
Innovated
Doctrines
.
And
this
they
exemplifie
by
●ll
the
Decrees
of
the
several
Councils
against
the
Prophane
Novelties
of
Arius
,
P●●tinus
,
Macedonius
,
and
Nestorius
,
and
shew
that
they
were
only
Fences
to
guard
and
defend
the
simplicity
of
the
Ancient
Faith
against
the
petul●nt
Assaul●s
of
these
several
Hereticks
,
and
that
they
declare
to
be
the
ground
of
their
present
determination
against
Eutyches
,
that
it
was
only
a
Declaration
of
the
old
Truth
against
a
new
Heresie
.
And
much
more
to
this
purpose
,
and
it
is
the
true
State
of
the
Authority
of
Councils
,
to
make
Decrees
,
to
stop
the
vanities
and
singularities
of
Innovators
;
and
when
they
are
made
,
they
become
obligatory
by
their
own
Authority
,
and
nothing
can
hinder
or
take
off
their
Obligation
,
but
an
apparent
contrariety
to
the
Divine
Law
.
So
that
it
neither
concerns
nor
becomes
the
Subject
to
make
a
strict
and
Philosophical
search
after
the
truth
of
the
Decree
,
it
is
enough
to
him
that
it
is
not
apparently
false
.
In
all
other
Cases
the
Authority
of
the
Church
is
sufficient
to
justifie
his
Obedience
before
God
,
by
whose
Providence
they
were
placed
under
their
Government
.
And
the
want
of
this
just
Civility
to
Superiors
has
in
all
Ages
been
the
true
Original
of
all
disturbances
in
the
Christian
Church
.
And
this
was
the
sence
of
the
Emperor
himself
,
who
imm●d●ately
upon
the
Receipt
of
this
Report
from
the
Fathers
,
publishes
an
Edict
to
the
talking
Citizens
of
Constantinople
,
forbid●ing
all
farther
disputations
about
the
Christian
Faith
,
in
that
all
Controversies
were
now
determined
by
the
Authority
of
the
Council
;
against
which
,
he
says
,
it
were
prophaneness
and
sacriledge
for
any
man
to
presume
to
set
up
his
own
Opinion
,
and
no
less
madness
then
to
gr●pe
after
more
Light
at
noon
day
;
and
therefore
after
this
clear
discovery
of
the
●ruth
,
whoever
will
not
acquiesce
in
it
,
but
makes
farther
Enquiry
,
he
can
neither
seek
nor
find
any
thing
but
falshood
.
And
for
this
reason
all
farther
disputes
are
peremptorily
forbidden
as
an
insolent
and
intolerable
affront
to
the
Sacred
Authority
of
the
Council
,
and
this
is
enacted
under
the
forementioned
Penalties
,
that
he
declared
in
the
6th
Session
for
the
Confirmation
of
their
Exposition
of
Faith
,
Deposition
of
the
Clergy
,
Disbanding
of
Souldiers
,
and
Banishment
of
Citizens
.
And
this
was
afterward
alledged
as
a
proper
instance
by
Facundus
Hermianensis
to
the
Emperor
Justinian
,
The
Emperor
Marcian
judged
it
no
less
than
Prophaneness
and
Sacriledg
to
review
the
Sacerdotal
Judgment
,
and
therefore
that
being
once
pass't
,
it
was
an
end
of
all
Controversie
.
Here
behold
a
Prince
indeed
,
a
true
Father
of
the
Common-Wealth
,
and
a
true
Son
of
the
Church
,
that
does
not
dictate
,
but
follow
Ecclesiastical
Decrees
,
declaring
by
his
Edict
,
That
whoever
after
the
settlement
of
the
truth
,
shall
pretend
to
make
any
farther
inquiry
,
can
seek
for
nothing
but
Error
.
For
this
saying
forever
blessed
be
his
Memory
all
the
World
over
,
who
not
only
recover'd
the
sinking
Empire
,
but
also
restored
lasting
Peace
to
the
poor
distracted
Church
.
This
Edict
was
reinforced
by
a
second
a
Month
after
,
and
Copies
of
it
sent
to
all
the
several
Praefecti-praetorio
for
its
more
effectual
Execution
.
And
they
are
both
revived
in
a
third
Rescript
,
published
the
year
following
,
in
which
this
Heresie
,
and
all
the
ways
of
propagating
it
,
are
supprest
by
all
the
punishments
against
all
other
Heretiques
:
So
that
it
is
in
reality
a
neat
Compendium
of
all
the
Laws
under
the
Title
de
Haereticis
in
the
Theodosian
Code
.
And
because
the
bastard
Council
of
Ephesus
under
Dioscorus
,
in
which
Flavianus
,
Eusebius
,
Theodoret
,
and
many
other
Catholick
Bishops
were
condemn'd
,
had
been
ratified
by
a
Rescript
of
Theodosius
,
he
here
cancels
its
full
force
as
to
all
the
Sufferers
that
were
surviving
.
And
because
the
Eutychian
Itch
was
got
among
the
Monks
of
Jerusalem
and
Alexandria
to
the
raising
of
botches
and
tumults
,
especially
at
Jerusalem
by
the
disorderly
behavior
of
one
Theodosius
,
who
made
himself
Bishop
of
the
place
,
the
Emperor
and
Empress
write
to
them
to
desist
at
their
farther
peril
.
But
it
seems
some
were
stubborn
and
irreclaimable
(
and
no
sort
of
Men
so
obstinate
as
those
that
live
remote
from
the
Conversation
of
the
World
)
and
therefore
in
the
year
455
the
Emperor
renews
his
former
Rescript
,
particularly
to
be
put
in
Execution
at
Alexandria
,
where
the
Heresie
most
reign'd
,
and
that
is
the
last
time
that
he
appear'd
against
them
.
And
thus
in
four
years
time
by
protecting
the
Church
in
its
due
Authority
,
and
by
abetting
their
Decrees
with
Penal
Laws
,
and
by
seeing
his
own
Laws
put
in
effectual
Execution
,
he
put
an
end
to
this
powerful
and
prevailing
Heresie
,
though
it
had
gain'd
both
the
Eunuchs
and
the
Empire
to
its
side
.
§
.
XVII
.
And
thus
this
great
Prince
,
this
pattern
of
Government
to
all
his
Successors
,
as
Evagrius
stiles
him
,
having
settled
all
things
both
in
Church
and
State
,
two
years
after
dyes
,
and
is
succeeded
in
the
year
457
by
Leo
,
who
was
chosen
by
the
unanimous
Vote
both
of
the
Senate
and
the
Army
;
a
Prince
,
says
Nicephorus
,
that
would
have
carried
the
Election
in
the
most
flourishing
times
of
the
old
Common-Wealth
,
when
only
worth
gave
right
and
title
to
Preferm%nt
,
a
Man
of
that
strict
and
severe
Vertue
,
that
he
must
have
been
chosen
Augustus
by
the
Cato's
themselves
.
But
as
great
a
Man
as
he
was
,
he
found
it
an
hard
task
to
keep
things
in
that
good
order
,
in
which
they
were
left
by
his
Predecessor
.
For
no
sooner
came
the
news
of
Marcian's
death
to
Alexandria
,
that
Metropolis
of
Sedition
,
Evag.
l.
2.
c.
8.
but
a
few
of
the
Eutychian
Party
,
among
whom
were
only
two
Bishops
,
accompanied
with
the
City-rabble
,
make
Timotheus
Aelurus
their
Bishop
,
Liberati
Brev.
c.
14.
and
most
inhumanely
murther
Proterius
at
Divine
service
,
who
had
been
chosen
to
that
See
by
the
Bishops
of
the
Province
upon
the
deposition
of
Dioscorus
,
and
not
content
with
his
blood
,
they
treat
the
dead
body
with
all
the
circumstances
of
rudeness
and
barbarity
:
Upon
this
Complaints
are
carried
to
the
Emperor
by
both
Parties
,
Ibid.
c.
15.
with
Petitions
on
one
side
for
abrogating
,
and
on
the
other
for
confirming
the
Council
of
Calcedon
.
The
Emperor
considering
of
the
Matter
,
refers
it
to
the
Judgment
of
the
Church
,
and
being
unwilling
to
put
the
poor
aged
Bishops
to
the
tedium
of
long
Journeys
for
assembling
in
Council
,
he
takes
a
more
compendious
,
but
no
less
effectual
course
:
directing
his
Letters
to
all
the
Metropolitans
of
the
Christian
Church
within
the
Empire
,
requiring
their
impartial
Judgment
of
both
Controversies
,
without
fear
or
favor
,
or
ill-will
,
having
only
the
fear
of
God
before
their
Eyes
,
and
as
they
would
one
day
answer
it
to
the
divine
Majesty
,
viz.
the
Ordination
of
Timotheus
Ael●rus
,
and
the
ratification
of
the
Council
of
Calcedon
.
And
this
brought
forth
that
famous
volume
of
Encyclical
Epistles
,
that
make
up
the
third
part
of
the
Council
of
Calcedon
,
and
that
are
so
often
and
so
much
commended
by
the
Ancients
,
Liberatus
,
Facundus
Hermianensis
,
Evagrius
,
Victor
Tunonensis
and
Cassiodorus
,
at
whose
perswasion
,
Divin
.
Lect.
●
.
11
.
as
himself
informs
us
,
Epiphanius
a
learned
Man
translated
them
into
the
Latin
Tongue
,
and
that
is
the
only
Copy
of
them
that
is
now
extant
.
An
excellent
Collection
it
is
of
Ecclesiastical
Antiquity
,
and
a
true
representation
of
the
ancient
Unity
and
Communion
of
the
Catholick
Church
,
without
the
formality
of
a
general
Council
.
The
Authority
of
the
determination
is
the
same
,
consisting
in
the
Concord
of
Bishops
,
and
the
Resolution
it self
much
more
easie
and
expedient
.
For
it
required
much
time
and
expence
to
assemble
Councils
,
it
put
infirm
old
Men
to
long
and
tedious
Journeys
,
it
rob'd
most
Churches
for
a
time
of
their
Guides
,
by
the
absence
of
their
leading
Prelates
,
whereas
by
this
way
of
Encyclical
Correspondence
the
dispatch
was
equally
speedy
and
effectual
.
For
the
Result
of
all
their
Answers
was
the
approbation
of
the
Synod
of
Calcedon
,
and
the
deposition
of
Timotheus
,
there
being
but
one
Dissenter
,
and
he
but
half
an
one
,
and
that
was
Amphilochius
Bishop
of
Sida
,
Upon
this
transaction
the
Remarque
of
Facundus
is
very
smart
and
acute
,
Behold
here
the
true
Liberty
of
the
Church
in
those
days
,
when
the
most
Christian
King
did
not
over●aw
the
Priests
of
God
with
his
temporal
Power
,
but
on
the
contrary
arm'd
and
warn'd
them
against
all
such
fear
by
the
over-ruling
fear
of
God
.
Neither
did
he
suggest
any
thing
of
his
own
thoughts
,
lest
it
should
be
suspected
that
their
Answer
was
suited
to
his
Royal
Will
,
and
this
he
did
,
not
only
out
of
respect
to
the
Discipline
of
the
Christian
Church
,
but
because
he
very
well
knew
that
no
forced
Decrees
were
of
any
Authority
in
themselves
,
for
when
a
Sentence
is
forced
,
it
is
not
his
Sentence
by
whom
it
is
pronounced
.
And
the
cause
that
carries
it
,
gains
nothing
by
it
,
but
the
advantage
lies
on
the
side
of
the
Party
condemn'd
,
for
it
is
evident
,
that
he
was
not
at
liberty
to
judg
aright
,
whose
Judgment
is
forced
,
for
a
forced
Judgment
is
none
at
all
.
And
therefore
this
Emperor
of
blessed
Memory
preserved
the
Peace
of
the
Church
,
because
he
would
not
presume
to
establish
any
Doctrins
by
his
own
Authority
,
and
usurp
that
Power
that
is
proper
to
the
Priesthood
alone
.
Whereas
had
he
prescribed
to
the
Council
,
and
they
meerly
lacquied
to
his
instructions
,
it
is
evident
that
one
Lay-man
,
that
was
no
competent
Judg
of
those
Matters
,
really
pass't
the
judgment
,
and
not
those
who
were
the
only
proper
Judges
of
the
Cause
.
And
withal
he
very
well
understood
,
that
forced
Councils
never
came
to
any
good
effect
,
as
the
Council
of
Ariminum
under
Constantius
,
and
the
false
Council
of
Ephesus
under
Dioscorus
.
And
therefore
though
himself
could
have
pass't
a
right
sentence
,
yet
he
would
not
,
because
he
would
not
render
the
Sentence
of
the
Church
suspected
,
and
by
that
means
evacuate
its
Authority
.
But
as
the
whole
Eastern
Church
agreed
in
this
business
,
so
no
Man
was
more
active
,
not
to
say
more
imperious
,
in
it
than
Pope
Leo
,
who
was
ever
for
carrying
all
things
through
with
an
high
hand
,
and
having
raised
himself
to
the
height
of
Authority
,
resolved
to
keep
it
up
.
For
it
was
no
small
point
of
Grandeur
that
he
gain'd
,
when
he
procured
that
his
own
private
Epistle
should
be
imposed
upon
the
Catholick
Church
,
and
made
equal
with
the
Decrees
of
General
Councils
.
But
that
which
advanced
him
to
the
top-round
of
Power
,
was
his
signal
Victory
over
Constantinople
and
the
Eastern
Bishops
,
when
he
forced
them
to
eat
and
reverse
their
28
th
Canon
,
made
Anatolius
submit
and
beg
his
pardon
,
brought
the
Emperor
Marcian
himself
almost
upon
his
Knees
,
and
forced
him
to
renounce
his
own
Imperial
Rescript
,
thô
made
in
favor
of
his
own
Imperial
City
.
This
great
success
could
not
but
swell
his
mind
,
that
was
already
but
too
great
of
it self
,
and
thereupon
he
takes
the
supreme
and
indeed
single
management
of
all
things
into
his
own
hands
.
And
when
no
Man
,
no
not
the
Emperor
himself
dares
withstand
his
Commands
,
so
severe
and
peremptory
were
they
,
that
for
a
good
time
he
kept
the
Eutychian
Cause
sufficiently
low
and
humble
.
And
to
say
the
truth
,
setting
aside
his
by-design
of
advancing
the
Grandeur
of
his
own
See
,
he
acted
nothing
,
that
was
not
only
warrantable
but
justly
praise-worthy
.
For
when
once
a
Controversie
is
decided
by
the
Authority
of
the
Church
,
no
Christian
Bishop
can
be
too
vigorous
in
his
proceedings
against
all
th●t
refuse
submission
to
the
Decree
.
Here
Peace
and
Government
lye
at
stake
as
well
as
Truth
,
and
unless
they
are
preserved
,
the
Church
is
lost
,
and
the
Society
dissolved
into
meer
Tumult
and
Confusion
.
Whilst
Controversies
are
on
foot
and
have
not
received
the
Judgment
of
the
Church
,
we
may
allow
Men
to
be
moderate
or
eager
in
their
Disputes
about
them
,
according
to
the
variety
of
their
apprehensions
or
natural
Tempers
.
But
after
the
Church
has
interposed
its
Authority
,
there
all
moderation
is
at
best
but
Treachery
,
and
the
Reverence
due
to
its
commands
will
call
forth
every
honest
Mans
utmost
zeal
in
its
defence
.
And
that
was
the
case
here
that
the
Eutychians
moved
for
a
review
by
a
new
Council
:
No
,
says
Pope
Leo
,
that
were
to
offer
an
Affront
to
the
Authority
of
the
Church
in
the
great
Council
of
Calcedon
,
and
instead
of
putting
an
end
to
Schisms
and
Contentions
,
to
make
them
perpetual
for
the
humor
and
pleasure
of
every
peevish
talker
.
For
when
the
most
proper
means
for
securing
the
Faith
is
,
that
we
acquiesce
in
those
things
that
are
legally
settled
by
the
direction
of
the
Holy
Ghost
,
otherwise
we
shall
but
destroy
what
is
already
well
settled
,
and
affront
that
Authority
that
has
been
own'd
by
the
Catholick
Church
,
for
the
humor
of
every
petulant
Heretick
,
and
so
shall
have
no
means
left
to
preserve
the
Churches
Peace
;
but
opening
a
gap
to
all
rebellion
,
we
shall
rather
propagate
than
quel
Contentions
,
and
so
concludes
,
'
that
when
a
thing
is
once
determin'd
by
the
Authority
of
the
Universal
Church
,
Quis
est
nisi
aut
Antichristus
aut
Diabolus
,
qui
pulsare
audeat
inexpugnabilem
firmitatem
?
qui
in
malitiâ
suâ
inconvertibilis
perseverans
per
vasa
irae
et
suae
apta
fallaciae
,
falso
diligentiae
nomine
,
dum
veritatem
se
mentitur
inquirere
,
mendacia
desiderat
seminare
.
Who
but
these
great
Enemies
to
Christianity
the
Devil
and
Antichrist
,
would
dare
to
shake
the
settled
foundation
,
who
presevering
stubborn
in
his
Malice
,
by
his
Vessels
of
Wrath
,
that
are
apt
Tools
for
his
Craft
,
under
a
false
pretence
of
a
greater
diligence
,
whilst
he
counterfeits
to
search
after
truth
,
sows
his
Tares
And
therefore
when
the
Hereticks
only
m●ved
for
a
conference
,
and
the
Emperor
being
inclined
to
a
request
,
as
he
thought
,
so
easie
,
No
,
says
Pope
Leo
,
this
is
as
great
an
Affront
to
the
Calcedon
Fathers
,
as
to
grant
them
a
new
Council
,
Your
Majesty
cannot
but
observe
the
crafty
attempts
of
Hereticks
,
that
there
should
be
a
farther
Debate
between
the
Hereticks
and
us
,
as
if
there
had
been
nothing
already
determin'd
,
and
the
settlement
made
by
the
Holy
Council
of
Calcedon
to
the
great
joy
of
the
Catholick
Church
all
the
World
over
,
should
be
slited
to
a
dishonorable
reflection
upon
the
Council
of
Nice
it self
.
And
whereas
the
Emperor
desired
him
to
send
Commissioners
,
he
offers
to
send
them
,
not
to
dispute
with
the
Hereticks
,
that
he
scorns
,
but
to
put
the
Sentence
of
the
Church
in
effectual
execution
against
them
.
Which
was
accordingly
done
,
and
Timotheus
Aelurus
was
deposed
,
banisht
and
imprison'd
,
and
when
he
petition'd
for
leave
to
come
to
Constantinople
,
there
to
make
a
publick
declaration
against
the
Eutychian
Heresie
,
to
this
Pope
Leo
says
No
again
,
for
though
that
may
set
him
right
as
to
his
Faith
,
yet
it
can
never
wash
away
the
guilt
of
his
wicked
and
bloody
Actions
,
the
Absolution
whereof
requires
some
other
expiation
than
fair
Confessions
,
and
therefore
he
enjoins
Gennadius
then
Bishop
of
Constantinople
,
not
so
much
as
to
admit
him
into
his
presence
at
his
peril
,
as
he
had
not
long
before
school'd
his
Predecessor
Anatolius
for
being
too
remiss
against
the
Hereticks
,
and
suffering
one
Atticus
a
Presbyter
publickly
to
dispute
the
Eutychian
Controversie
,
after
the
determination
of
the
great
Council
.
The
sum
of
all
is
,
that
the
matter
was
already
decided
by
the
Authority
of
the
Church
,
and
after
that
there
remains
no
liberty
of
Dispute
.
And
therefore
instead
of
indulging
that
,
he
advises
the
Emperor
to
exert
his
Imperial
Power
in
defence
of
the
Faith
,
and
that
when
the
Church
had
done
its
part
in
declaring
it
,
it
was
now
his
duty
to
maintain
it
against
the
Assaults
of
restless
Spirits
.
Cùm
enim
Clementiam
tuam
Dominus
tantâ
Sacramenti
Illuminatione
ditaverit
,
debes
incunctanter
advertere
,
Regiam
Potestatem
tibi
non
solùm
ad
Mundi
regimen
,
sed
maximè
ad
Ecclesiae
praesidium
esse
collatam
:
ut
ausus
nefarios
comprimendo
,
et
quae
bene
sunt
statuta
defendas
,
et
veram
pacem
his
,
quae
sunt
turbata
,
restituas
,
&c.
Seeing
your
Majesty
is
,
by
the
Grace
of
God
,
endued
with
so
good
an
Understanding
,
you
ought
out
of
hand
to
consider
that
Your
Royal
Power
was
given
you
from
above
,
not
only
for
the
Government
of
the
Empire
,
but
chiefly
for
the
Protection
of
the
Church
,
that
by
suppressing
seditious
Attempts
,
you
may
defend
what
is
already
establisht
,
and
restore
Peace
,
where
things
are
in
disorder
.
That
is
the
true
state
of
the
use
of
Regal
Power
in
the
Government
of
the
Church
,
to
protect
and
assist
it
in
the
free
exercise
of
its
own
legislative
Authority
,
not
to
assume
and
annex
it
to
the
Imperial
Crown
.
It
would
be
an
endless
thing
to
transcribe
all
the
Passages
to
the
same
purpose
,
out
of
the
several
Returns
made
to
the
Emperor
from
the
Eastern
Bishops
,
they
all
move
upon
this
one
hinge
,
that
what
was
determin'd
by
the
Church
was
Sacred
Law
,
and
therefore
no
review
or
farther
dispute
of
the
Resolution
of
the
Calcedon
Council
.
And
thus
was
this
stubborn
Controversie
laid
,
and
the
Church
settled
in
Peace
and
Unity
all
this
Emperor's
Reign
.
But
beside
these
Laws
of
Discipline
to
enforce
the
Authority
of
the
Church
,
he
made
divers
other
Laws
in
behalf
of
the
Church
,
that
were
meer
acts
of
his
Royal
Grace
and
Favor
,
bestowing
several
Priviledges
and
Immunities
upon
Churches
and
Church-men
.
Thus
he
granted
the
right
of
Sanctuary
to
all
Religious
houses
,
Cod.
Justin.
C.
de
his
qui
confugiunt
ad
Ecclesias
.
so
as
to
punish
its
violation
with
no
less
Penalty
than
Death
.
Another
Law
he
enacted
to
forbid
all
Plays
and
prophane
Sports
on
Holy-days
,
and
to
protect
Men
from
Law-suits
,
Leg.
Ult.
de
Feriis
.
Arrests
and
Vexations
at
times
dedicated
to
the
Service
of
God
,
de
Episc.
Audientiâ
.
L.
31
de
Episc.
et
Clericis
ibid.
L.
33.
upon
pain
of
forfeiture
of
Estate
.
And
a
third
Law
to
forbid
all
but
Christians
to
plead
in
Courts
,
a
fourth
against
the
Sacriledg
of
Simony
,
and
a
fifth
to
exempt
the
Clergy
from
being
forced
to
appear
before
Secular
Courts
,
beside
a
great
many
other
Priviledges
granted
to
particular
Churches
.
§
.
XVIII
.
But
he
dying
after
he
had
Reigned
17
Years
and
6
Months
in
the
Year
474
,
his
Son-in-Law
Zeno
unhappily
succeeds
,
to
the
great
loss
both
of
Church
and
State
,
a
man
altogether
unfit
for
Government
,
being
not
only
a
weak
,
a
careless
,
and
a
dissolute
Prince
,
but
one
that
affected
to
expose
himself
to
the
contempt
of
the
World
by
making
his
Follies
and
Debaucheries
publick
,
esteeming
it
a
poor
and
sneaking
thing
to
conceal
his
wickedness
,
but
brave
and
Prince-like
to
be
wicked
in
sight
of
the
Sun
.
And
consequent
to
this
strange
folly
he
was
a
shameless
Oppressor
of
his
Subjects
,
robbing
and
defrauding
them
,
and
wherever
he
could
by
any
indirect
shifts
seizing
any
thing
into
his
hands
,
and
no
wonder
,
when
Millions
of
Worlds
are
not
sufficient
to
defray
the
Charges
of
an
unbounded
Luxury
.
These
practices
so
turned
the
hearts
of
his
Subjects
against
him
,
as
to
encourage
Basiliscus
,
his
Uncle
in
Law
,
to
invade
his
Empire
,
in
which
distress
he
was
so
deserted
,
that
without
being
able
to
make
any
defence
or
resistance
,
he
had
no
Remedy
but
to
betake
himself
to
flight
,
and
lie
concealed
in
his
own
Country
of
Isauria
.
And
so
the
whole
Empire
was
left
as
a
naked
prey
to
the
Tyrant
,
and
being
an
apparent
Usurper
,
he
was
forced
to
take
cross
measures
to
his
Predecessors
,
and
in
pursuance
of
his
design
recalls
Timotheus
Aelurus
from
Banishment
,
and
by
his
advice
and
perswasion
issues
forth
an
Encyclical
Epistle
to
the
whole
Christian
World
,
to
Anathematise
the
Novelties
,
as
he
stiles
them
,
of
the
Council
of
Calcedon
,
and
is
not
ashamed
to
warrant
his
illegal
Proceedings
by
the
example
of
Constantine
the
Great
and
Theodosius
the
younger
.
Imperial
Constitutions
he
might
have
found
enough
to
ratifie
the
Sentence
of
the
Church
,
but
for
an
Emperor
to
pass
an
Anathema
by
his
own
meer
Authority
upon
any
Opinion
,
much
more
against
a
solemn
Decree
of
the
Church
,
was
a
rudeness
and
presumption
without
Precedent
as
well
as
Law
,
and
no
man
that
was
not
a
Clown
as
well
as
a
Tyrant
would
ever
have
attempted
it
.
But
as
prophane
a
piece
of
Buffoonry
as
it
was
,
it
is
own'd
by
the
Eutychian
Faction
in
a
Council
at
Ephesus
,
and
that
too
under
the
prophane
Title
of
a
Divine
and
Apostolical
Epistle
.
But
it
is
as
vehemently
opposed
by
Acacius
and
his
Monks
of
Constantinople
,
till
the
People
tumultuate
in
defence
of
their
Bishop
against
the
Tyrant
,
so
as
to
force
him
to
quit
the
City
,
who
in
revenge
takes
away
all
the
Priviledges
of
the
Church
and
City
.
But
being
informed
of
Zeno's
marching
from
Isauria
in
the
Head
of
an
Army
,
he
begs
pardon
,
and
to
appease
Acacius
and
the
Clergy
of
the
City
,
he
publishes
his
Antencyclical
Epistles
,
as
they
are
call'd
,
to
reverse
and
cancel
the
former
,
and
restore
the
Authority
of
the
Council
of
Calcedon
(
And
what
will
not
Usurpers
do
to
keep
possession
?
)
but
all
in
vain
:
for
at
Zeno's
approach
to
the
City
he
is
utterly
deserted
,
and
deposed
with
more
ease
then
he
had
usurped
,
is
put
to
death
at
Acusus
or
Cucusus
in
Cappadocia
,
and
his
Encyclical
Epistle
cancell'd
and
burnt
.
Upon
this
the
very
same
Bishops
of
the
Eutychian
,
or
rather
the
then
thriving
Party
,
that
had
subscribed
it
at
the
late
Cabal
or
Conventicle
at
Ephesus
,
and
there
declared
it
to
be
their
own
voluntary
Act
without
any
force
or
compulsion
,
are
now
most
forward
to
write
to
Acacius
to
condemn
it
,
and
protest
before
God
and
the
World
,
that
what
they
had
done
was
forced
upon
them
against
their
own
Judgments
.
And
thus
were
things
wheel'd
about
into
the
same
posture
,
in
which
Leo
had
left
them
,
but
this
poor
d●ssolute
Prince
had
not
skill
to
make
use
of
any
advantage
,
and
instead
of
fixing
upon
the
same
Foundation
of
that
settlement
,
that
was
layed
to
his
hands
,
blows
it
up
,
and
for
his
own
ease
,
as
he
dream't
,
and
for
the
satisfaction
of
all
Parties
,
publishes
by
the
contrivance
of
Petrus
Moggus
and
his
Eutychian
Friends
at
Court
,
and
some
say
of
Acacius
himself
,
an
healing
Instrument
of
Union
or
Comprehension
,
commonly
known
by
the
name
of
Henoticon
,
designed
to
please
all
Parties
,
and
couch't
in
such
comprehensive
and
ambiguous
terms
,
that
they
might
all
challenge
it
to
themselves
against
each
other
:
viz.
Setting
up
the
Nicene
Faith
as
the
only
condition
of
Church-Communion
,
and
thereby
tacitly
but
effectually
condemning
the
Council
of
Calcedon
without
taking
any
notice
of
it
.
So
weak
was
this
Prince
as
to
flatter
himself
,
that
this
slender
Artifice
was
a
Cement
strong
enough
to
repair
all
the
Breaches
in
the
Christian
Church
,
when
it
really
served
no
Bodies
turn
but
Petrus
Moggus
and
his
Eutychians
,
for
he
having
a
strong
Inclination
to
the
rich
Bishoprick
of
Alexandria
,
of
which
he
could
not
be
capable
till
the
terms
of
Conformity
,
that
were
settled
by
the
Council
of
Calcedon
,
were
taken
off
:
which
being
done
by
this
slite
,
the
Church
Doors
were
again
left
open
to
the
Eutychian
Hereticks
,
and
all
things
reduced
to
the
same
disorder
and
confusion
that
they
were
in
,
before
they
were
setled
by
the
Authority
of
the
Church
.
Who
can
endure
the
Arbitrary
Proceedings
of
the
Emperor
Zeno
to
Enact
in
Contempt
of
the
Divine
Authority
of
the
Church
,
in
which
Action
his
precipitate
Power
did
not
consider
what
it
ought
to
do
,
but
what
it
was
able
to
do
;
neither
did
he
understand
that
confusion
never
makes
Unity
.
For
if
Unity
be
to
be
compast
,
not
by
the
Conversion
of
Hereticks
,
but
mixing
their
Contagion
with
the
Communion
of
the
Church
,
why
are
the
Acephali
alone
,
and
not
all
the
other
Parties
of
Hereticks
received
into
the
Church
without
renouncing
their
errors
,
and
submitting
to
the
Churches
Sentence
against
them
?
But
the
Emperor
when
he
invites
them
to
return
to
the
Communion
of
the
Church
,
he
gives
them
the
Title
of
Orthodox
.
But
this
becomes
the
wisdom
and
circumspection
of
that
man
,
that
can
be
so
insipid
as
to
think
of
invading
the
Office
of
the
Priests
.
He
calls
them
Orthodox
,
when
at
the
same
time
he
confesses
them
to
be
separate
from
the
Communion
of
the
Church
.
If
they
continue
Orthodox
after
their
separation
,
to
what
purpose
does
he
exhort
them
to
return
to
their
Mother
the
Church
.
But
he
would
have
them
unite
Communions
.
But
he
understands
not
that
there
can
be
but
one
Communion
.
And
if
they
are
not
of
one
Communion
with
the
Church
,
they
are
of
none
at
all
.
I
pray
for
what
advantage
should
they
return
to
the
Church
,
when
they
are
of
the
Orthodox
Communion
without
it
?
But
what
an
abuse
of
Secular
Power
is
this
,
and
worse
then
all
the
rest
,
that
the
Holy
Catholick
Church
and
those
that
preside
over
it
,
should
every
where
be
obliged
to
believe
only
as
he
believes
,
as
if
the
Faith
of
all
Churches
depended
only
upon
his
pleasure
,
and
it
were
not
lawful
for
any
man
to
believe
any
thing
than
as
the
Emperor
commands
?
It
were
much
better
that
he
would
contain
himself
with
in
his
own
Limits
,
then
to
transgress
them
to
the
ruine
of
many
without
the
gain
of
any
.
For
we
know
that
even
Mechanicks
have
their
Shops
and
Ware-houses
proper
to
their
own
Trade
.
We
never
hear
the
Anvil
beating
or
the
Fire
glowing
in
the
Weavers
Work-house
,
nor
the
Tailor
taking
measure
of
the
height
and
proportion
of
Buildings
,
because
they
very
well
know
that
those
things
▪
belong
to
those
that
are
instructed
in
those
Trades
.
What
is
the
Divine
Law
only
to
be
despised
and
prophaned
,
so
as
not
to
need
its
proper
Schools
for
instruction
,
but
that
every
man
should
pretend
to
understand
it
,
without
any
competent
Education
in
it
.
In
short
,
the
only
effect
of
all
these
disorderly
Proceedings
is
,
that
these
Violators
of
the
Churches
Peace
divide
among
themselves
as
well
as
from
the
Church
,
as
in
this
particular
Case
we
have
by
sad
experience
found
a
long
and
fatal
Schism
,
till
the
Divine
Providence
cured
the
wound
by
your
Majesties
Care
and
Power
(
speaking
to
Justinian
)
and
therefore
great
Sir
in
the
name
of
God
persevere
in
so
good
a
work
,
that
has
been
accepted
with
the
joy
of
the
whole
Christian
World
,
and
blot
not
out
its
glory
by
deserting
it
,
&c.
And
that
is
the
natural
and
inevitable
Event
of
all
trimming
tricks
,
that
instead
of
reconciling
Parties
,
as
't
is
pretended
,
it
only
lets
them
loose
to
worry
one
another
.
And
withal
,
first
adds
to
the
insolence
of
that
Party
that
had
been
tyed
up
,
the
contempt
of
that
Authority
that
restrain'd
it
,
and
then
kindles
the
rage
and
indignation
of
the
other
Party
that
had
gained
the
upper-hand
,
and
lastly
,
that
which
is
worst
of
all
,
it
makes
breaches
for
new
Divisions
And
so
it
hap'ned
here
,
Peter
Mongus
having
by
this
device
got
possession
of
his
Bishoprick
,
he
endeavours
to
trim
and
comply
with
both
Parties
,
and
by
it
incurs
the
hatred
of
both
,
loosing
his
own
without
winning
the
other
:
And
they
communicating
neither
with
the
Catholicks
nor
with
their
own
Bishop
,
became
a
new
Sect
,
called
Acephali
,
i.
e.
Men
without
an
Head
,
so
natural
is
it
for
all
shufflings
in
Government
to
end
in
Anarchy
and
Confusion
:
It
was
this
wise
way
of
quacking
to
cure
the
wounds
of
the
Church
by
Irenicum
Plaisters
and
comprehensive
Weapon-salves
,
that
brought
the
breach
between
the
Eastern
and
Western
Churches
to
an
incurable
Eresipulus
,
or
Fire
of
Contention
over
the
Face
of
the
Christian
Church
.
For
Petrus
Moggus
being
by
that
means
received
by
Acacius
not
only
to
Catholick
Communion
,
but
advanced
to
a
Top-Bishoprick
,
contrary
not
only
to
the
ancient
Canons
,
but
to
the
late
Decree
of
the
Council
of
Calcedon
:
Acacius
is
upon
it
call'd
to
account
by
Pope
Simplicius
,
and
persisting
in
his
Treachery
,
is
excommunicated
in
a
Council
at
Rome
,
and
that
laid
the
ground
of
all
those
Contests
,
that
followed
after
upon
the
Acacian
Schism
(
as
the
Romanists
stile
it
)
to
the
final
Separation
of
both
Churches
.
And
what
else
can
be
expected
from
such
a
daubing
Cement
of
Peace
,
to
unite
men
in
the
same
Communion
as
leaves
them
under
all
their
differences
and
contrarieties
of
Opinion
,
a
contradiction
in
the
nature
of
the
thing
;
for
if
they
are
in
good
earnest
,
they
will
pursue
their
differences
,
if
they
are
not
,
indulgence
is
needless
,
and
they
are
to
be
reclaim'd
another
way
:
but
whether
they
are
,
or
are
not
,
if
they
are
allowed
their
liberty
,
every
man
will
be
of
his
own
mind
,
and
an
enemy
to
every
man
that
is
not
,
and
the
result
of
all
is
,
that
how
much
soever
they
dissent
among
themselves
,
they
shall
be
forced
to
counterfeit
an
agreement
,
but
dissembling
is
no
Tye.
And
therefore
after
such
devices
the
next
thing
that
we
always
hear
of
,
is
,
that
the
breach
is
made
much
wider
.
And
thus
here
beside
the
Contest
between
Acacius
and
Simplicius
,
Petrus
Moggus
falls
out
with
both
,
and
instead
of
taking
the
Catholicks
into
his
comprehensive
Embrace
,
in
a
short
time
,
finding
they
would
not
quit
their
Principles
and
the
Council
of
Calcedon
,
raises
a
severe
Persecution
against
them
,
and
peremptorily
refuses
all
Communion
to
all
that
adhere
to
the
Council
,
and
upon
it
the
Church
of
Alexandria
continued
in
a
State
of
Schism
through
a
long
Succession
of
Bishops
into
the
next
Century
,
till
the
Pacisicators
again
fell
out
among
themselves
,
and
subdivided
into
new
and
fiercer
Factions
and
Animosities
.
And
not
only
that
Church
,
to
which
the
healing
Henoticon
was
particularly
directed
,
but
the
whole
Catholick
Church
was
every
where
dissolved
into
irreconcileable
Wars
and
Confusions
.
But
as
sad
as
the
event
of
the
Henoticon
proved
,
there
is
one
pleasant
Passage
to
be
observed
about
it
,
that
whereas
before
there
were
but
two
Factions
in
the
Church
,
i.
e.
for
and
against
the
Council
of
Calcedon
,
this
created
a
third
,
call'd
the
Haesitantes
or
Neuters
,
that
were
neither
for
,
nor
against
the
Council
,
and
as
both
Parties
hated
these
more
than
they
did
one
another
,
as
Traitors
to
both
;
so
they
again
under
pretence
of
indifferency
and
moderation
,
requited
them
with
all
the
violence
of
Persecution
,
and
when
they
had
got
the
Emperor
Anastasius
,
a
serious
Prince
,
into
their
hands
,
they
stir'd
him
up
to
prosecute
both
the
extreme
Parties
with
a
more
than
ordinary
severity
,
as
we
shall
see
more
at
large
when
we
come
to
his
Reign
.
But
first
let
us
take
a
view
of
the
particular
Mischiefs
,
that
it
soon
produced
under
Zeno
himself
,
who
too
after
all
his
trimming
was
forced
at
last
to
turn
Persecutor
.
By
whom
the
Henoticon
was
contrived
,
it
is
not
easie
to
determine
with
any
certainty
,
I
know
it
is
generally
laid
upon
Acacius
,
but
I
suspect
that
Report
to
have
been
raised
by
his
Enemies
at
Rome
only
to
blast
his
Reputation
.
But
though
there
is
no
clear
Evidence
that
it
was
his
contrivance
,
yet
it
is
undeniable
that
he
gave
it
too
great
acceptance
,
and
by
that
means
gave
too
just
advantage
to
the
Bishops
of
Rome
to
insult
over
him
.
For
though
their
private
Design
was
to
beat
down
the
growing
greatness
of
the
See
of
Constantinople
,
yet
he
deserved
the
utmost
severity
,
that
they
could
use
against
him
,
by
betraying
the
Discipline
and
Authority
of
the
Christian
Church
so
dishonorably
,
as
to
receive
such
Persons
into
its
Communion
,
that
had
been
cast
out
of
it
by
no
less
Judgment
than
the
Sentence
of
a
General
Council
,
and
that
upon
no
better
Warrant
than
a
Mandate
from
Court
.
And
that
I
take
to
be
the
Shop
in
which
the
wise
Contrivance
was
forged
between
the
Courtiers
,
out
of
an
Itch
to
be
tampering
with
Church-work
,
and
the
outed
Eutychians
either
to
recover
their
Preferments
,
or
usurp
other
Mens
;
and
through
the
whole
sequel
of
the
Story
we
shall
find
the
old
Eusebian
Game
playing
over
again
.
But
whoever
was
the
Author
of
it
,
it
was
cunningly
enough
contrived
to
impose
upon
the
World
,
and
serve
the
Eutychian
Cause
without
owning
it
.
Peter
Moggus
at
Alexandria
,
and
Peter
●ullo
at
Antioch
.
Liberati
Brev.
c.
10.
Upon
the
death
of
Timotheus
Aelurus
,
who
poison'd
himself
upon
Zeno's
recovering
the
Empire
,
Peter
Moggus
was
chosen
his
Successor
by
the
Eutychian
Faction
,
but
is
deposed
by
the
Emperor
's
own
Command
,
and
Timotheus
Salophasiolus
their
Lawful
Bishop
,
is
restored
.
This
Timotheus
was
chosen
to
the
See
of
Alexandria
upon
the
deposition
of
Timotheus
Aelurus
by
the
Emperor
Leo
,
was
ejected
by
Basiliscus
,
restored
by
Zeno
,
and
after
23
years
from
the
date
of
his
Election
dyes
.
And
his
keeping
that
See
so
long
did
not
a
little
contribute
to
the
Disorders
of
that
Church
,
he
being
a
softly
and
unactive
Man
,
that
would
never
put
the
Discipline
of
the
Church
,
nor
the
Imperial
Laws
in
execution
against
the
Hereticks
,
and
though
Complaints
of
his
remisness
were
carried
to
the
Emperor
,
and
though
the
Emperor
sent
him
particular
Orders
to
break
up
their
Conventicles
,
he
could
not
be
prevail'd
upon
to
act
,
but
instead
of
that
suffer'd
himself
to
be
prevail'd
with
upon
pretence
of
Peace
and
reconciling
,
viz.
That
though
we
cannot
communicate
with
thee
,
yet
we
cannot
but
love
thee
.
And
the
silly
Man
was
so
charmed
with
this
childish
Rattle
,
that
he
parted
with
his
Episcopal
Authority
to
purchase
it
,
and
by
this
means
it
was
that
the
Faction
grew
so
great
in
that
City
.
And
certain
it
is
that
the
Courtiers
of
Popularity
are
of
all
Men
most
unfit
for
Government
in
the
Church
,
they
will
certainly
betray
their
Trust
and
their
Duty
to
the
applause
of
the
People
.
But
upon
his
death
in
the
year
482
the
Clergy
of
Alexandria
elect
Joannes
Talaia
,
who
is
rejected
by
the
Emperor's
Command
,
and
who
but
Petrus
Moggus
put
in
his
stead
?
This
the
Historians
say
was
done
by
the
instigation
of
Acacius
out
of
a
private
picque
against
Talaia
for
neglecting
to
send
Synodical
Epistles
according
to
custom
,
to
signifie
his
election
to
him
,
Liberat.
c.
17.
as
he
had
done
to
the
other
great
Sees
.
But
however
,
outed
he
was
upon
pretence
of
enormous
Crimes
,
Perjury
and
Simony
,
in
that
he
had
obliged
himself
under
Oath
never
to
accept
of
that
Bishoprick
,
and
yet
for
all
that
,
had
purchased
it
with
Money
,
Zacharias
Rhetor
the
Eutychian
Historian
.
Joannes
Talaia
,
and
procure
his
deposition
upon
the
fore-mention'd
Articles
,
and
then
treats
with
Petrus
Moggus
and
his
Court-Patrons
,
and
receives
him
to
communion
upon
his
acceptance
of
the
Emperor's
instrument
of
Union
,
but
that
was
to
please
the
Emperour
,
for
in
private
he
obliged
him
to
receive
the
faith
and
authority
of
the
Council
of
Calcedon
,
as
himself
like
a
time-rigling
Knave
,
as
the
Historian
calls
him
declares
over
and
over
in
his
Apologetical
Epistle
to
Acacius
,
Evag.
l.
3.
c.
17.
to
vindicate
himself
from
the
calumny
of
his
having
contrary
to
his
Faith
renounced
the
Council
.
And
the
same
shuffling
Arts
are
observed
of
him
by
Liberatus
,
Timotheus
Aelurus
.
And
now
here
do
we
find
by
vertue
of
this
Imperial
Instrument
of
Union
the
whole
Christian
World
involved
in
a
Civil
Warr
,
one
Party
asserting
the
Council
of
Calcedon
,
another
anathematising
it
,
a
third
despising
both
,
and
trampling
upon
all
the
Discipline
of
the
Church
in
defence
of
a
Court-irregularity
.
But
the
quarrel
run
highest
between
the
two
powerful
Bishops
of
Rome
and
Constantinople
;
for
Acacius
Bishop
of
Constantinople
,
having
the
Court
and
the
Emperour
to
back
him
,
bids
defyance
not
only
to
the
Pope
,
but
to
the
Catholique
Church
and
all
its
Laws
.
For
though
himself
was
the
first
man
that
had
appear'd
against
Petrus
Moggus
,
and
convicted
him
of
manifest
Heresy
,
and
certified
his
conviction
to
Pope
Simplicius
,
yet
now
without
any
due
satisfaction
receives
him
not
only
to
Communion
,
but
prefers
him
to
one
of
the
highest
dignities
in
the
Christian
Church
.
And
thô
after
all
these
obliging
streins
of
Courtesie
Moggus
discover'd
his
obstinacy
by
anathematising
the
Council
and
changing
the
Dypticks
,
Acacius
winks
hard
and
will
not
see
it
,
but
stands
by
him
to
the
last
drop
of
blood
,
calls
all
the
Power
of
the
Court
into
his
assistance
,
to
support
him
against
the
Discipline
and
Authority
of
the
Church
,
slites
he
admonitions
of
the
greatest
Bishops
in
it
,
Imprisons
their
Legates
,
defies
their
Sentence
,
lives
and
dyes
excommunicate
,
and
all
this
for
a
Man
that
himself
could
not
but
know
to
be
a
s●ubborn
Heretick
.
The
full
account
of
all
these
transactions
,
beside
the
Relations
of
the
Historians
Liberatus
and
Evagrius
,
is
to
be
seen
in
the
Letters
of
Pope
Simplicius
and
Foelix
,
the
Breviculus
Hist●riae
Eutychianistarum
,
and
the
Acts
produced
in
the
Cause
of
Acacius
at
the
Council
at
Rome
,
all
which
are
printed
together
in
their
proper
place
and
order
of
time
in
Labbe's
Councils
.
The
first
correspondence
about
this
matter
against
Petrus
Moggus
was
(
as
I
have
already
intimated
)
opened
by
Acacius
himself
in
his
Epistle
to
Simplicius
,
Timotheus
Aelurus
,
one
Petrus
Moggus
an
excommunicate
Person
,
being
a
Thief
and
a
Son
of
Darkness
,
had
at
midnight
stoln
into
the
Throne
of
Alexandria
,
having
only
one
Companion
to
attend
him
,
by
which
Act
of
madness
he
made
himself
obnoxious
to
greater
Punishments
,
than
had
been
hitherto
pronounced
against
him
,
but
however
he
was
defeated
of
his
Design
,
for
Timotheus
Salophasiolus
being
restored
to
his
Throne
,
this
foolish
thief
durst
never
shew
his
head
more
.
In
answer
to
this
,
Timotheus
,
Petrus
Moggus
is
by
the
power
of
Acacius
advanced
to
the
See
of
Alexandria
.
Of
which
when
Simplicius
sends
him
Letters
of
Complaint
,
Foelicis
Ep.
1.
in
which
a
Synodical
Letter
of
Admonition
is
written
to
Acacius
,
chiding
him
for
his
sullenness
to
Simplicius
,
charging
him
with
Pride
and
ill-manners
towards
the
Apostolick
See
,
advising
him
to
use
his
Interest
with
the
Emperor
to
rectifie
the
late
Misdemeanors
at
Alexandria
in
the
election
of
Moggus
,
otherwise
he
must
be
thought
an
Apostate
from
his
own
Principles
,
and
a
Renegado
to
the
Hereticks
;
for
not
to
proceed
against
wicked
Men
,
when
it
is
in
a
Man's
power
to
curb
them
,
is
to
give
them
protection
,
and
he
incurs
suspicion
of
secret
friendship
,
who
gives
over
his
opposition
to
a
manifest
impiety
.
And
in
t●e
same
Council
another
long
and
pathetical
Letter
is
drawn
up
to
the
Emperor
,
and
sent
by
the
same
Legates
Vitalis
and
Micenus
,
conjuring
him
to
keep
fast
to
his
old
Principles
against
the
Hereticks
,
and
gauling
him
in
the
same
Dilemma
,
in
which
they
had
involved
Acacius
,
viz.
That
if
he
stood
firm
to
the
Council
of
Calcedon
,
he
must
renounce
the
Hereticks
,
and
therefore
if
he
did
not
oppose
them
,
he
protected
them
against
the
Council
,
and
that
was
manifest
opposing
it
.
But
the
Emperor
was
big
with
his
new
Project
of
comprehension
,
and
was
deaf
to
all
advice
against
it
,
and
Acacius
being
secure
of
him
,
he
slites
Foelix
his
Letters
,
imprisons
his
Legates
,
and
draws
them
in
,
to
join
Communion
with
himself
and
Moggus
.
Upon
the
news
whereof
another
Council
is
immediately
summon'd
at
Rome
,
where
the
sentence
of
Deposition
and
Excommunication
is
denounced
against
him
.
But
he
being
warm
and
safe
at
Court
slites
the
force
of
all
Ecclesiastical
Discipline
and
requites
Foelix
in
his
own
coin
,
striking
his
name
out
of
the
Dypticks
,
and
persisted
in
the
exercise
of
his
own
Function
to
his
dying
day
,
which
was
4
years
after
the
Sentence
,
that
was
decreed
in
the
year
484
,
and
he
dyed
in
the
year
488.
This
was
the
effect
of
this
shrewd
Instrument
of
Comprehension
,
in
these
three
head
Churches
of
Rome
,
Constantinople
and
Alexandria
,
nothing
less
than
a
total
breach
of
Communion
,
and
one
of
the
fiecrest
Schisms
that
ever
befel
the
Christian
Church
,
and
though
the
Peace
between
them
was
patcht
up
about
34
years
after
,
by
the
Power
and
Activity
of
Pope
Hormisdas
,
yet
they
were
never
heartily
reconcil'd
to
this
very
day
.
As
for
Acacius
it
is
a
dispute
what
he
was
,
some
indict
him
of
Heresie
or
Church-treason
,
others
only
of
high
Misdemeanors
,
though
as
for
my
own
part
after
all
streins
of
Candor
,
I
cannot
but
think
him
guilty
of
both
,
or
I
fear
something
worse
,
the
want
of
a
serious
sense
of
Religion
.
To
free
him
from
the
high
charge
of
Heresie
,
it
is
pleaded
that
he
never
in
the
least
own'd
the
Eutychian
Faith
,
that
he
ever
declared
against
it
,
that
he
was
never
charged
with
it
by
the
Ancients
,
and
that
in
the
Sentence
against
him
at
Rome
,
where
all
his
Crim●s
were
strictly
enough
enumerated
,
this
is
no
Article
against
him
.
But
yet
for
all
this
I
see
not
how
he
can
be
absolved
from
it
,
for
in
the
Eye
of
the
Law
,
and
indeed
the
common
sense
of
the
World
,
all
Commun●on
with
Hereticks
is
and
ought
to
be
judged
Heresie
,
as
in
all
Civil
Laws
all
consulting
with
Traitors
is
deem'd
Treason
.
For
it
concerns
not
the
Government
to
fish
out
every
Man's
Opinion
or
motive
of
his
Practice
,
that
can
judg
only
by
overt-acts
,
and
then
to
communicate
with
Hereticks
is
Heresie
,
and
to
consult
with
Traitors
Treason
.
But
much
more
in
this
particular
Case
,
in
which
all
Communion
with
the
Hereticks
had
been
Canonically
declared
Heresie
by
the
Church
in
the
great
Council
of
Calcedon
,
and
without
it
the
sentence
of
the
Church
had
been
of
no
force
,
for
that
can
reach
no
farther
than
their
outward
Communion
.
So
that
after
all
,
the
Henoticon
was
so
far
from
compromising
the
Controversies
,
as
it
pretended
,
and
I
believe
,
design'd
,
that
it
only
reverst
and
contradicted
the
Decree
of
the
Church
,
and
by
an
Imperial
Rescript
declared
that
to
be
no
Heresie
,
that
had
been
judged
so
by
the
Council
,
and
that
I
take
it
,
is
plain
bidding
defyance
to
it
and
its
Authority
.
As
for
the
other
Crimes
charged
upon
him
,
they
are
enormous
enough
,
his
very
friendship
with
such
ill
Men
as
Moggus
and
Fullo
,
shews
he
had
but
very
little
sense
of
Honesty
,
or
indeed
of
Reputation
,
otherwise
he
would
have
loath'd
and
defyed
Men
of
such
rank
Practices
.
But
the
leading
Sin
,
that
betray'd
him
into
all
his
other
Miscarriages
was
his
Pride
and
Ambition
▪
and
to
gratifie
that
,
it
is
plain
that
he
stuck
not
to
subvert
all
the
Discipline
of
the
Christian
Church
.
For
finding
the
Emperor
Zeno
fond
of
his
Henoticon
,
he
at
least
frankly
complyed
with
it
,
to
the
subversion
of
the
first
and
fundamental
Law
of
all
Church-Communion
,
in
receiving
Hereticks
into
it
without
Canonical
Repentance
and
Satisfaction
.
And
this
is
suggested
in
the
Decree
of
the
Council
at
Rome
against
him
,
that
he
preferr'd
the
Emperor's
favor
above
his
own
Faith
;
and
then
it
is
no
matter
to
what
Religion
such
perfidious
Men
pretend
,
when
it
is
too
apparent
that
they
have
really
none
at
all
.
And
the
case
of
the
Church
at
this
time
was
much
the
same
,
as
it
was
under
the
Reigns
of
Constantius
and
Valens
:
ill
Men
got
into
the
Court
,
and
from
thence
crept
into
the
Church
,
and
to
gain
Preferments
for
themselves
flatter'd
the
Prince
into
an
exorbitant
use
of
his
Power
,
against
the
true
and
regular
Discipline
of
it
.
And
that
would
at
once
give
them
interest
at
Court
,
and
make
vacancies
in
the
Church
for
themselves
,
and
this
weak
Prince
was
so
drunkenly
fond
of
this
little
Project
,
that
he
would
throw
away
the
best
Preferments
in
the
Church
upon
any
Parasite
,
that
would
but
seem
to
hugg
his
fondling-Ape
,
by
which
means
great
numbers
of
very
bad
Men
came
into
the
best
Churches
.
But
one
of
the
greatest
Instances
of
it
is
the
great
Church
of
Antioch
,
we
have
already
seen
the
other
three
leading
Churches
brought
into
a
Civil
War
among
themselves
,
but
here
it
came
to
blows
and
cutting
of
Throats
,
that
I
shall
very
briefly
describe
as
another
observable
Example
of
the
good
Effects
of
this
gracious
Instrument
of
Accommodation
.
Petrus
Fullo
a
Monk
had
been
expell'd
his
Monastery
for
the
Eutychian
Heresie
in
the
time
of
the
Emperor
Leo
,
flies
to
Calcedon
,
and
being
a
talkative
Man
is
soon
driven
thence
for
the
same
Cause
,
and
so
takes
shelter
at
Constantinople
,
and
there
insinuates
himself
into
the
favor
of
the
Princess
Ariadne
,
and
by
her
recommends
himself
to
the
Patronage
of
her
husband
Zeno
,
and
having
gain'd
that
,
he
endeavors
to
dis-place
Martyrius
Bishop
of
Antioch
,
Zeno
being
then
Governor
of
the
Place
,
but
Martyrius
making
his
Application
to
the
Emperor
Leo
,
he
is
restored
,
and
an
Edict
publisht
against
the
tumults
of
Monks
.
But
the
Monks
so
little
regard
the
Emperor's
Authority
,
that
upon
it
they
increase
their
fury
against
the
good
Bishop
,
till
at
length
he
being
quite
tired
out
quits
his
Bishoprick
,
into
which
Petrus
Fullo
immediately
leaps
,
and
is
as
soon
thrust
out
by
the
Emperor
,
but
is
restored
by
Basiliscus
,
and
again
displaced
by
Zeno
,
excommunicated
by
Acacius
,
and
Stephanus
chosen
to
the
See
,
who
being
barbarously
murther'd
,
another
Stephanus
is
chosen
,
and
contrary
to
the
Canons
consecrated
by
Acacius
at
Constantinople
,
and
Petrus
Fullo
the
Author
of
all
these
Dis-orders
is
banisht
into
Pontus
,
and
Stephanus
dying
Calendio
succeeds
with
the
same
illegal
Consecration
,
but
falling
into
dis-favor
with
Acacius
,
partly
for
siding
with
Pope
Foelix
against
himself
and
Petrus
Moggus
,
and
partly
for
being
too
stiff
for
the
Council
of
Calcedon
,
he
procures
his
ejectment
by
Imperial
Power
upon
an
Accusation
of
Treason
,
and
Petrus
Fullo
after
all
these
turns
is
placed
by
Acacius
his
own
Interest
in
that
great
See
.
And
thus
we
see
both
the
old
Trade
of
Ejectments
and
Sequestrations
return'd
by
prostituting
the
Discipline
and
Authority
of
the
Christian
Church
to
the
Power
of
Court-Favourites
,
and
the
whole
World
shatter'd
into
numberless
Schisms
and
Heresies
.
For
when
once
the
Authority
of
the
Church
and
the
Law
is
trodden
down
,
there
is
no
other
effectual
stop
aganst
the
rovings
of
fancy
and
wantonness
,
and
it
is
certain
that
men
who
differ
in
Opinion
will
never
agree
,
as
long
as
they
have
liberty
to
differ
.
And
thus
was
it
here
,
when
this
unskilful
Prince
had
once
broken
up
the
Pale
of
the
Church
as
it
was
fixt
by
the
Council
of
Calcedon
and
fenced
by
his
Predecessors
,
he
could
never
after
restrain
the
People
from
running
into
all
the
wild
Conceits
,
that
Frenzy
and
Madness
could
blow
into
their
Heads
.
And
whereas
he
only
design'd
to
unite
the
Eutychians
to
the
Communion
of
the
Church
,
he
divided
the
Communion
of
the
Church
into
a
thousand
new
Factions
.
The
Acephali
,
Severiani
,
Theopaschitae
,
Currupticolae
,
Phantasiastae
,
Agnóetae
,
Tritheitae
,
beside
the
horrible
fewds
between
the
Scythian
and
Acaemetan
Monks
.
The
Acephali
began
at
Alexandria
,
being
Eutychians
that
separated
from
Moggus
uyon
his
owning
the
Council
of
Calcedon
,
out
of
these
were
spawn'd
the
Severiani
at
Antioch
,
so
call'd
from
Severus
,
who
had
ravish't
that
See
,
and
made
himself
Captain
of
the
Acephali
by
Anathematising
the
Council
,
but
of
him
we
shall
give
an
Account
under
the
next
Reign
,
as
under
the
Reign
of
Justinian
they
sub-divided
into
the
Factions
of
the
Gaianitae
and
Theodosiani
,
and
the
Heresie
being
transplanted
by
Jacobus
Syrus
into
Armenia
,
thence
came
the
Jacobitae
.
The
Theopaschitae
were
the
Disciples
of
Petrus
Fullo
,
who
to
the
Eutychian
Heresie
added
,
that
the
Divinity
in
our
blessed
Saviour
was
Crucified
and
Buried
.
The
Corrupticolae
were
the
followers
of
Severus
at
Alexandria
after
his
Banishment
from
Antioch
,
affirming
our
Saviours
Body
liable
to
decay
,
and
therefore
to
have
been
really
repair'd
by
nourishment
;
but
this
was
opposed
by
Julianus
of
Halicarnassus
,
a
Bishop
of
the
same
Party
,
and
flying
to
Alexandria
for
the
same
Cause
,
who
affirm'd
that
our
Saviour
never
took
any
sustenance
,
but
only
seemed
so
to
do
,
and
therefore
were
called
Phantasiastae
,
and
between
these
two
the
Rabble
of
the
City
were
disputed
into
Tumults
and
Out-rages
.
And
out
of
the
Corrupticolae
sprang
the
Agnoitae
,
that
from
the
Corruptibility
of
our
Saviours
Body
,
were
pleased
to
infer
some
ignorance
in
his
Soul
.
The
Tritheitae
were
the
followers
of
Philoponus
,
who
was
so
far
transported
in
the
heat
of
disputation
,
as
to
assert
three
distinct
Natures
peculiar
to
each
Person
in
the
Holy
Trinity
,
and
one
common
to
them
all
,
to
which
he
was
betrayed
by
his
Aristotelian
Philosophy
,
of
which
he
was
an
extravagant
Admirer
,
that
teaches
that
there
is
one
and
the
same
general
humane
nature
really
common
to
all
men
,
and
another
particular
nature
appropriated
to
each
individual
.
And
thus
when
all
the
Lords
People
were
permitted
the
liberty
of
Prophesying
,
every
man
took
up
his
own
Parable
and
believed
his
own
Dream
,
the
Ass
as
well
as
the
Prophet
,
till
the
Church
was
shatter'd
into
so
many
chips
and
fragments
,
that
it
was
never
after
reunited
,
as
we
shall
see
by
the
Progress
of
these
Mischiefs
,
that
I
have
here
only
briefly
represented
.
And
thus
this
luxurious
Prince
having
ruined
the
Church
by
so
many
years
licentiousness
,
only
because
his
laziness
would
not
be
at
the
pains
to
see
it
governed
,
after
he
had
Reign'd
18
years
dies
of
a
Debauch
.
§
.
XIX
.
Zeno
being
dead
Ariadne
bestows
both
her self
and
the
Crown
upon
Anastasius
a
small
Officer
about
the
Court
,
and
at
his
first
coming
to
the
Crown
he
was
forced
by
Euphenius
Bishop
of
Constantinople
to
declare
for
the
Council
of
Calcedon
;
For
the
Bishop
suspecting
his
Religion
,
refused
to
Crown
him
till
he
had
made
a
publick
profession
of
his
Christian
Faith
,
which
he
registred
and
laid
up
in
the
Archives
of
his
Church
,
as
a
Testimony
against
him
,
if
he
should
ever
relapse
to
the
Haesitantes
,
as
he
afterward
did
and
turn'd
a
vehement
Persecutor
in
pursuance
of
moderation
,
banishing
any
man
either
for
owning
or
disowning
the
Council
of
Calcedon
.
But
of
that
afterwards
,
for
at
first
having
got
the
Crown
Imperial
upon
his
Head
,
he
endeavours
to
make
himself
popular
,
and
for
that
end
in
the
first
place
he
takes
off
that
heavy
and
scandalous
Tax
called
the
Chrysargyrum
.
It
was
a
Tax
by
Poll
not
only
upon
Men
,
Women
and
Children
,
but
upon
all
Beasts
and
Cattle
both
of
profit
and
pleasure
even
to
Dogs
and
Cats
.
This
was
by
immemorial
Custom
(
though
Zosimus
is
pleased
to
impute
its
Contrivance
to
Constantine
the
Great
)
collected
every
fourth
year
,
and
being
a
Customary
Impost
without
any
Formality
of
Law
to
warrant
it
,
it
was
no
doubt
with
severity
enough
exacted
by
the
Officers
,
not
so
much
for
the
profit
of
the
Crown
as
their
own
.
And
this
made
it
extreme
heavy
to
the
Subject
,
but
that
which
made
it
Scandalous
was
its
being
a
Rent-Charge
upon
the
Stews
and
publick
Houses
of
Debauchery
,
granting
(
as
Evagrius
describes
it
)
a
Licence
to
all
their
wickedness
upon
a
certain
Rate
of
Excise
.
As
for
the
State
of
the
Church
under
his
Reign
,
it
gives
us
a
true
Character
of
the
Conequences
of
Comprehension
,
as
it
is
described
by
Evagrius
.
That
being
excessively
desirous
of
Peace
,
he
would
permit
no
Innovation
,
and
labour'd
all
manner
of
ways
that
the
Church
should
every
where
remain
without
disturbance
,
and
that
all
his
Subjects
should
enjoy
perfect
Peace
without
brawling
and
contention
.
And
for
that
end
the
Council
of
Calcedon
was
in
those
days
neither
openly
abetted
nor
rejected
.
But
every
Bishop
followed
his
own
conceit
;
some
stickling
with
all
their
might
for
all
the
determinations
of
the
Council
,
not
allowing
the
alteration
of
the
least
Syllable
in
its
Decrees
,
and
refusing
with
the
greatest
disdain
to
communicate
with
any
that
rejected
any
part
of
it
:
others
on
the
contrary
did
not
only
reject
but
anathematised
the
Council
and
all
that
adhered
to
it
;
others
again
cryed
up
Zeno's
Henoticon
,
and
though
these
two
Parties
differed
among
themselves
about
the
Eutychian
Controversie
,
yet
both
Parties
agreed
against
the
Council
,
some
being
seduced
by
the
Imperial
Letters
,
others
by
the
pretence
of
Peace
.
So
that
all
the
Churches
in
the
Christian
World
were
rent
into
numberless
Schisms
and
Factions
,
and
the
Communion
of
the
Bishops
shattered
all
in
pieces
.
Hence
arose
infinite
Quarrels
between
the
Eastern
,
Western
and
African
Churches
;
the
Eastern
refusing
Communion
with
the
Western
and
African
,
and
they
on
the
other
side
denying
them
the
same
Civility
.
And
not
only
so
,
but
the
business
was
carried
on
to
an
higher
degree
of
folly
,
for
none
of
them
agreed
among
themselves
,
the
Eastern
Bishops
breaking
Communion
at
home
,
neither
did
the
Western
and
African
Bishops
,
though
they
both
joyn'd
against
the
Eastern
,
communicate
themselves
,
or
with
any
other
Forraign
Churches
whatsoever
.
All
which
the
Emperor
perceiving
he
deposed
all
Innovating
Bishops
,
all
that
stuck
to
the
Council
,
and
all
that
Anathematised
it
,
and
so
cast
Euphenius
and
after
him
Macedonius
out
of
the
See
of
Constantinople
,
and
Flavianus
out
of
the
See
of
Antioch
.
A
goodly
Account
this
of
the
natural
effects
of
this
wise
Project
of
Peace
and
Moderation
,
to
set
all
the
World
in
a
flame
without
redress
,
till
at
last
the
Peace-maker
himself
is
forced
to
quit
his
own
pretence
,
grows
angry
,
and
violent
in
proceeding
against
all
that
refuse
to
comply
with
his
own
Will
,
and
it
is
a
very
obvious
observation
of
this
sort
of
men
,
that
when
they
are
disappointed
in
their
Project
,
they
grow
moody
and
sullen
,
and
are
of
all
others
the
most
revengeful
and
implacable
to
all
that
differ
from
them
.
And
as
for
these
dire
effects
of
love
and
meekness
no
Man
need
to
wonder
at
them
,
because
the
design
it self
is
no
better
than
casting
away
all
manner
of
Discipline
and
Government
,
without
which
all
Societies
soon
fall
into
War
and
Anarchy
.
Neither
do
these
Mischiefs
end
in
the
Church
,
but
they
break
out
into
Tumults
and
Rebellions
in
the
Common-Wealth
,
as
we
shall
see
anon
in
the
Rebellion
of
Vitalian
.
But
though
all
Christendom
were
actually
in
Arms
,
the
Fight
was
hottest
and
the
Contest
run
highest
at
Rome
and
Constantinople
between
Euphemianus
and
Gelasius
,
who
,
though
they
agreed
in
the
Orthodox
Faith
,
could
never
be
reconcil'd
in
the
point
of
Discipline
concerning
Acacius
,
and
those
Bishops
that
communicated
with
the
Eutychian
Hereticks
after
they
were
condemn'd
by
the
Council
.
Gelasius
will
listen
to
no
terms
of
Reconciliation
,
till
the
Acacian
Schismaticks
are
thrown
out
of
the
Dyptichs
,
and
Euphemianus
on
the
contrary
importunes
him
to
condescend
from
the
strictness
of
Discipline
for
the
sake
of
Peace
and
Unity
,
and
assures
him
that
his
Severity
could
have
no
other
effect
in
the
Eastern
Church
but
to
make
the
breach
wider
.
But
for
all
that
Gelasius
stops
his
Ears
at
all
motions
of
condescension
,
To
him
succeeds
Anastasius
in
the
Papacy
,
who
,
though
stiff
enough
,
sinks
much
below
the
height
and
rigor
of
his
Predecessor
,
And
at
Constantinople
Tumults
became
so
furious
that
above
3000
of
the
Orthodox
Christians
were
murther'd
at
one
time
at
Divine
Service
by
the
Soldiers
,
as
was
affirm'd
,
by
the
Emperor's
Instigation
.
And
upon
it
Symmachus
writes
to
him
to
reprove
him
for
the
cruelty
of
the
Action
,
and
require
him
to
forbear
all
farther
Communion
with
Hereticks
,
but
he
grows
more
violent
,
and
so
is
excommunicated
,
but
that
transports
him
to
that
indecency
of
Passion
,
that
he
condescends
to
write
Libels
against
the
Pope
,
that
are
answer'd
again
with
sufficient
rudeness
,
the
Pope
telling
him
in
plain
terms
,
that
he
is
as
good
a
Man
as
himself
.
Upon
this
the
Emperor
looses
all
patience
,
and
so
with
as
great
an
Extravagance
on
the
other
side
,
publishes
a
fraudulent
Rescript
,
that
no
Man
shall
be
capable
of
any
Preferment
in
Church
or
State
,
Cod.
de
Episc.
Audientià
l.
19.20
.
unless
he
take
the
Sacrament
upon
it
,
that
he
will
be
true
to
the
Orthodox
Faith
,
and
what
he
meant
by
that
,
is
too
too
evident
from
his
present
wild
behavior
about
the
Henoticon
,
and
so
the
Rescript
is
interpreted
by
Theodorus
Lector
.
And
sometime
after
,
i.
e.
in
the
year
510
,
Cod.
de
Haeret
.
l.
10.
he
publishes
another
Rescript
to
incapacitate
all
that
were
not
Orthodox
in
his
own
sense
,
for
all
Ecclesiastical
Preferment
.
And
at
the
same
time
indeavors
with
all
his
might
to
remove
Macedonius
from
the
See
of
Constantinople
,
though
he
had
been
placed
there
by
himself
upon
the
banishment
of
Euphemius
,
Theodorus
Lector
lib.
2.
till
at
length
the
barbarous
Rabble
and
Soldiers
again
broke
in
with
Clubs
and
Staffs
upon
the
Catholicks
,
as
they
were
at
Divine
Service
in
the
Church
of
Arch-Angel
,
adding
after
the
Trisagion
this
form
of
Words
,
who
was
Crucified
for
us
.
This
came
to
blows
and
tumults
,
that
were
chiefly
managed
by
Severus
the
Monk
,
of
whose
goodly
Vertues
more
anon
,
and
Julian
Bishop
of
Halicarnassus
,
a
Man
much
of
the
same
Kidney
,
till
a
vast
Rabble
of
the
Orthodox
join'd
in
a
Body
together
,
and
as
is
the
manner
of
Tumults
,
cryed
one
and
all
,
so
that
the
Emperor
was
forced
to
engarrison
himself
within
his
own
Palace
,
and
was
taking
Ship
to
secure
himself
by
flight
,
but
that
bethinking
himself
to
send
for
Macedonius
and
sweeten
him
with
some
good
Words
,
by
his
means
(
who
good
Man
was
much
more
troubled
at
the
Disorders
than
the
Emperor
himself
)
appeased
the
Tumult
,
and
for
his
reward
of
so
good
a
piece
of
Service
,
he
was
immediately
conveyed
away
by
night
,
kept
in
close
Prison
,
and
one
Timotheus
placed
in
his
See
.
And
the
same
Method
of
Moderation
was
put
in
practice
every
where
in
the
Eastern
Church
,
and
among
the
rest
the
great
Flavianus
of
Antioch
was
banisht
,
and
Severus
the
Monk
,
that
mortified
Man
,
who
had
long
watcht
for
the
See
of
Constantinople
,
placed
in
his
stead
.
He
was
first
bred
to
the
Law
,
where
he
might
,
if
he
would
but
give
his
Mind
to
it
,
learn
all
the
shifts
of
fraud
and
oppression
,
from
thence
he
betook
himself
to
a
Monastery
,
to
accomplish
himself
with
all
the
slites
of
Hypocrisie
,
being
expell'd
thence
,
he
at
last
betakes
himself
to
Court
,
to
make
all
his
other
good
Qualities
useful
and
practicable
by
a
sufficient
stock
of
Impudence
,
and
what
cannot
that
Man
do
,
that
is
made
up
of
so
good
a
warp
of
knavery
,
so
well
wooft
with
Hypocrisie
,
lin'd
through
with
immodesty
?
Thus
accoutred
to
Court
the
demure
Man
comes
,
and
finding
which
way
the
Weather-cock
of
Preferment
stood
,
soon
insinuates
himself
into
the
favor
of
the
Religious
Empress
,
and
that
was
an
easie
passage
to
the
Emperor
,
whom
he
soon
got
into
his
possession
,
and
put
him
upon
his
severe
Courses
in
pursuance
of
moderation
,
only
to
make
some
good
vacancy
for
himself
.
He
had
heav'd
twice
at
the
Bishoprick
of
Constantinople
in
the
Expulsion
of
Euphemius
and
Macedonius
,
but
finding
it
would
not
take
there
,
he
is
content
with
Antioch
,
and
so
procures
the
expulsion
of
Flavianus
,
for
his
not
quitting
the
Council
.
And
though
the
Emperor
according
to
the
Tenor
of
his
Henoticon
,
obliged
him
by
Oath
never
to
anathematise
it
,
yet
he
could
not
forbear
doing
it
publickly
in
the
Church
at
the
very
time
of
his
Consecration
.
Neither
does
his
zeal
and
fury
confine
it self
to
his
own
Church
,
but
he
vents
it
in
other
Diocesses
,
and
particularly
procures
the
banishment
of
Elyas
Bishop
of
Jerusalem
,
who
had
with
many
Conflicts
and
for
many
Years
weather'd
it
against
the
Emperor's
own
folly
.
But
at
last
his
Enormities
grew
so
intolerable
,
and
his
contempt
of
the
Canons
so
scandalous
,
that
notwithstanding
all
his
power
at
Court
,
he
is
solemnly
excommunicated
by
a
Council
at
Constantinople
at
the
Emperor
's
own
doors
,
and
such
was
the
rudeness
of
his
Tongue
as
well
as
his
Actions
,
that
after
the
death
of
Anastasius
,
it
was
condemn'd
by
the
Emperor
Justin
at
the
instigation
of
the
Courtiers
,
to
be
cut
out
for
a
Penance
for
its
foul
language
,
had
he
not
saved
both
that
and
himself
by
●light
.
'T
is
still
we
see
this
sort
of
precious
Saints
,
that
are
for
promoting
the
dissettlement
and
oppression
of
the
Church
for
their
own
ambitious
Ends.
But
things
being
every
where
in
such
confusion
,
and
the
People
under
such
discontents
,
this
gives
both
a
pretence
and
an
opportunity
to
Vitalian
General
of
the
Army
to
revolt
,
and
he
(
God
knows
his
heart
)
takes
up
Arms
only
to
right
and
restore
the
banisht
Bishops
,
and
at
last
yields
to
a
Peace
upon
condition
that
the
Emperor
would
call
a
free
Council
at
Heraclea
,
for
the
settlement
of
the
Church
and
the
restitution
of
the
Bishops
,
and
the
Emperor
to
make
good
the
Article
summons
about
200
to
the
place
appointed
,
but
dismisses
them
without
any
Debate
.
Upon
this
Vitalian
threatens
and
arms
again
,
but
is
at
present
bought
off
with
a
round
sum
of
Money
.
And
now
the
Emperor
finding
at
last
into
what
streights
he
had
brought
himself
and
his
Government
by
his
violent
moderation
,
he
grows
weary
of
it
,
and
writes
to
Pope
Hormisdas
,
who
succeeded
Symmachus
,
to
request
his
assistance
for
the
resettlement
of
the
Church
.
But
this
Pope
was
both
a
stout
and
a
crafty
Man
,
and
would
hear
of
no
other
terms
of
Peace
but
entire
submission
to
the
Council
of
Calcedon
,
Pope
Leo's
Letter
,
and
the
condemnation
of
Acacius
:
And
the
poor
tired
Emperor
is
ready
to
yield
all
except
the
last
,
and
by
his
Resolution
in
defence
of
Acacius
luckily
recover'd
the
love
of
his
Citizens
,
among
whom
there
was
none
of
their
Bishops
whose
Memory
was
more
valuable
than
that
of
Acacius
.
And
therefore
in
that
point
he
begs
his
Pardon
,
and
having
by
that
Artifice
secured
the
People
to
himself
,
he
now
ventures
to
disband
Vitalian
,
and
puts
Ruffinus
in
the
head
of
his
Army
.
And
the
Pope
sending
a
second
Embassy
to
him
the
year
following
against
Acacius
,
the
Emperor
now
defies
him
,
charges
him
with
rudeness
and
incivility
,
and
tells
him
,
that
for
the
time
to
come
he
will
have
no
intercourse
with
a
Man
so
utterly
void
of
good
Manners
,
as
to
yield
nothing
to
his
Royal
Will.
And
so
ended
his
reign
,
for
thô
the
Romish
Writers
tell
strange
Tragedies
of
I
know
not
what
bloody
Persecution
that
insued
upon
it
,
they
relye
meerly
upon
the
monkish
and
fabulous
Historians
of
later
Times
,
without
any
Authority
from
the
Ancients
and
more
timely
Records
,
and
therefore
are
of
no
Credit
.
§
.
XX.
Anastasius
after
27
years
reign
dying
▪
Justinus
,
who
at
first
had
been
but
a
common
Soldier
,
succeeds
by
the
choice
of
the
People
,
and
the
Guards
,
whose
Votes
he
had
bought
with
the
Money
that
Amantius
the
Eunuch
(
the
great
Patron
of
the
Hereticks
under
Anastasius
,
and
the
main
instrument
of
all
the
Mischiefs
against
the
Church
in
his
reign
)
had
entrusted
with
him
to
bribe
their
Voices
for
Theocritus
,
to
whom
he
design'd
the
Empire
,
as
Evagrius
reports
from
Zacharias
Rhetor
the
partial
Eutychian
Historian
,
This
Emperor
at
his
first
coming
to
the
Crown
finding
all
things
in
confusion
by
the
irregular
actings
of
Zeno
and
Anastasius
against
the
Council
of
Calcedon
,
publishes
an
Edict
commanding
subscription
to
it
by
all
the
Clergy
,
the
restitution
of
the
banisht
Bishops
,
and
expulsion
of
the
Intruders
.
Among
whom
Severus
of
Antioch
bearing
the
blackest
Character
,
Evag.
lib.
4.
c.
4.
and
being
the
most
busie
Promoter
of
the
Faction
suffer'd
in
the
first
place
.
But
though
he
were
very
carefully
watcht
and
way-layed
by
Irenaeus
the
Prefect
of
the
East
,
he
made
his
escape
to
Alexandria
,
where
the
Hereticks
had
kept
possession
to
that
very
time
,
Athanasius
succeeding
to
Petrus
Moggus
,
to
him
Joannes
Mela
,
to
him
Joannes
Machiota
,
to
him
Dioscorus
the
younger
,
to
him
Timotheus
in
the
year
519
,
all
Henotical
Men.
Liberati
Brev.
c.
19.
In
this
time
it
was
that
Severus
came
to
Alexandria
,
and
was
very
welcome
to
him
,
as
Julianus
Bishop
of
Halicarnassus
had
been
before
him
,
but
these
two
disputing
Gentlemen
meeting
together
,
could
not
long
agree
.
Severus
setting
up
the
Sect
of
the
Corrupticolae
,
and
Julianus
of
the
Phantasiastae
,
but
Themistius
a
Deacon
of
that
Church
divides
from
both
,
and
founds
a
new
Schism
of
the
Agnoetae
.
But
now
the
Emperor
having
in
some
measure
settled
the
Eastern
Church
,
he
labors
for
its
re-union
with
the
Western
,
and
for
that
end
writes
to
the
stiff
Pope
Hormisdas
,
to
offer
Proposals
of
Peace
and
Reconciliation
,
after
a
rupture
of
34
years
,
that
began
in
the
year
484
,
when
Acacius
and
Foelix
excommunicated
each
other
;
and
after
many
Treaties
,
Embassies
and
Inter-messages
,
the
Peace
is
concluded
in
the
year
following
,
viz.
anno
519.
And
Acacius
is
now
at
last
given
up
and
sacrificed
to
his
revenge
,
without
which
the
Pope
let
them
know
at
first
,
that
it
was
in
vain
to
treat
of
Peace
upon
any
other
conditions
.
Neither
will
he
be
satisfied
with
the
sentence
against
Acacius
alone
,
but
all
his
Successors
must
be
expunged
out
of
the
Dyptichs
only
for
keeping
him
in
,
and
so
must
his
two
Patrons
,
the
Emperors
Zeno
and
Anastasius
,
and
this
being
done
the
Peace
is
concluded
with
great
joy
on
all
sides
,
and
Hormisdas
writes
to
the
Emperor
to
exhort
him
to
proceed
in
the
same
good
work
in
other
Places
,
especially
at
Alexandria
and
Antioch
.
But
things
were
so
much
out
of
order
,
and
Men
were
grown
so
unruly
by
the
latitude
and
licentiousness
of
the
late
Times
,
that
they
would
rather
raise
Tumults
then
lay
down
their
Disputes
,
though
the
greatest
Disorders
were
raised
at
Constantinople
it self
by
the
Scythian
Monks
,
a
spawn
of
the
Henotical
Liberty
,
and
this
run
to
that
height
of
Sedition
,
that
it
awed
the
Emperor
himself
,
engaged
the
greatest
Men
in
the
Empire
into
Parties
,
enflamed
the
Church
of
Africa
,
and
set
Rome
it self
on
fire
.
In
the
year
518
they
first
broke
out
under
the
Patronage
of
Vitalian
,
and
the
Conduct
of
Maxentius
a
witty
and
learned
Man
,
and
they
must
have
this
Proposition
,
that
one
of
the
Holy
Trinity
was
crucified
in
the
flesh
,
imposed
upon
the
Catholick
Church
as
a
necessary
Article
of
Faith
.
But
the
Novelty
and
Ambiguity
of
the
expression
was
offensive
to
all
Men
,
that
were
for
acquiescing
in
the
Council
of
Calcedon
,
and
so
they
fell
to
disputing
pell-mell
,
Victor
a
Deacon
of
that
Church
being
head
of
the
opposite
Party
,
and
followed
by
the
Acaemetan
Monks
,
as
indeed
all
the
fewds
of
the
Christian
Church
were
every
where
carried
on
by
that
idle
sort
of
Men
,
that
had
little
else
to
do
than
to
wrangle
.
But
the
Popes
Legates
coming
to
Constantinople
this
present
year
519
,
the
Scythian
Monks
present
them
an
Address
in
their
own
defence
,
in
which
they
imbrace
all
the
4
Councils
,
anathematise
all
the
Hereticks
,
only
they
must
have
their
own
new
Proposition
added
to
the
determinations
of
the
Church
.
But
the
Legates
wholly
shift
the
business
,
as
being
limited
by
their
Commission
from
intermedling
with
any
Matter
that
was
not
express't
in
it
.
Upon
this
the
zealous
Monks
repair
to
Rome
to
besiege
the
Pope
himself
with
their
importunity
,
and
as
Vitalian
had
espo●sed
their
Cause
,
so
Justinian
appear'd
against
it
,
and
writes
a
sharp
Letter
to
Hormisdas
against
the
petulancy
of
the
Monks
,
tho
afterward
he
became
not
only
their
Patron
but
their
Advocate
,
earnestly
soliciting
the
Pope
in
their
behalf
,
but
he
not
well
knowing
at
that
distance
what
to
make
of
all
this
Contest
,
adjourns
its
examination
till
the
return
of
the
Legates
.
In
the
mean
time
there
being
then
a
famous
Society
of
African
Bishops
in
Sardinia
,
that
were
banisht
their
own
Country
by
Thrasamond
King
of
the
Vandalls
,
a
zealous
Arian
,
and
at
that
time
Master
of
Africa
,
to
these
the
Monks
apply
themselves
,
and
present
them
a
Confession
of
their
Faith
,
wherein
declaring
to
the
height
against
the
Pelagian
Heresie
,
they
thereby
ensnare
their
Affections
,
who
had
been
the
greatest
Champions
against
it
,
in
so
much
that
Fulgentius
himself
writes
an
Apology
in
their
behalf
.
But
upon
the
return
of
the
Legates
,
the
Monks
knowing
that
they
were
none
of
their
friends
,
they
hang
up●●
their
Remonstrance
in
the
most
publick
Places
of
the
City
to
raise
Sedition
among
the
People
,
and
so
betake
themselves
to
flight
.
Of
their
unruly
behaviour
at
Rome
Hormisdas
has
given
an
account
in
his
Letter
to
Possessor
an
African
Bishop
,
that
they
were
a
sort
of
vain
,
proud
,
petulant
Men
,
that
under
shews
of
mortification
kept
up
the
height
of
Pride
and
Insolence
,
and
were
swoln
to
that
degree
of
Arrogance
,
that
they
would
have
the
whole
Christian
World
to
truckle
to
their
imperious
dictates
,
and
instead
of
obedience
,
that
ought
to
be
the
peculiar
glory
of
Monasteries
,
set
up
obstinacy
and
stubbornness
,
&c.
this
Letter
is
answer'd
by
Maxentius
,
(
whose
Works
are
extant
in
the
Bibliotheca
Patrum
)
where
his
great
Holiness
is
treated
with
rudeness
enough
.
At
Thessalonica
one
of
the
Pope's
own
Legates
was
murther'd
in
a
Tumult
,
in
defence
of
their
intruding
Bishop
Dorotheus
.
At
Jerusalem
John
an
Eutychian
had
by
the
help
of
Severus
of
Antioch
thrust
out
Elyas
,
and
usurpt
the
Chair
to
himself
,
but
the
Times
being
chang'd
,
so
is
his
Faith
,
and
he
becomes
a
zealous
defender
of
the
Council
against
the
Hereticks
,
and
upon
it
is
very
acceptable
to
the
People
,
who
sue
to
the
Emperor
for
the
pardon
of
all
his
former
Misdemeanors
without
any
farther
process
or
solemnity
of
Discipline
.
And
in
the
same
manner
are
popular
Addresses
and
Petitions
brought
from
all
parts
in
behalf
of
their
Bishops
,
that
had
been
of
the
Acacian
Faction
(
who
by
the
Terms
of
the
Concordate
between
the
Pope
and
the
Emperor
were
all
Condemned
Men
)
to
keep
those
that
were
dead
in
the
Dyptichs
,
and
those
that
were
living
in
their
Sees
:
in
short
,
that
Peace
may
be
settled
without
too
much
triumph
over
the
condescending
Party
.
This
so
perplexes
the
Emperor
that
he
refers
it
wholy
to
Pope
Hormisdas
,
who
was
now
grown
to
that
Authority
in
the
Christian
Church
,
that
he
alone
transacted
all
things
in
it
.
And
therefore
to
him
the
Emperor
dispatches
his
Ambassadors
,
to
soften
him
to
the
m●ldest
terms
of
Peace
,
for
fear
of
Tumults
if
he
should
stand
upon
too
much
severity
.
And
to
prepare
him
for
it
,
his
Majesty
Petitions
his
Holiness
by
Letter
,
that
he
would
be
satisfied
with
the
Execution
of
the
Names
of
Acacius
,
Petrus
Moggus
,
Timotheus
Aelurus
,
Dioscorus
,
and
Petrus
Fullo
,
but
as
for
all
others
that
dyed
in
the
Schism
to
let
them
pass
in
silence
.
And
as
for
the
Cause
of
the
Scythian
Monks
that
was
by
this
time
spread
over
all
the
Eastern
Church
,
he
proposes
that
they
may
be
indulged
the
Liberty
of
their
Opinion
,
because
though
it
might
be
too
curious
,
yet
it
was
harmless
and
agreeable
to
the
Orthodox
Faith
.
This
motion
is
seconded
by
several
Letters
from
Justinian
,
who
indeed
governed
all
,
and
by
others
from
a
Council
at
Constantinople
,
and
by
others
from
Epiphanius
Bishop
of
the
City
.
But
Hormisdas
is
inflexible
,
will
yield
nothing
to
their
importunity
;
and
let
the
Event
be
what
it
will
,
and
let
the
People
rebel
if
they
will
,
nothing
of
the
Discipline
of
the
Church
can
be
abated
:
And
to
receive
Schismaticks
into
its
Communion
,
instead
of
reconciling
Parties
,
it
will
only
expose
its
Authority
to
contempt
,
or
as
he
expresses
it
in
his
Letter
to
Epiphanius
,
Nosti
,
frater
Charissime
,
quae
ecclesiasticam
servent
vincula
concordiam
,
quae
nos
ab
Haereticorum
tueantur
insidiis
,
per
quae
etiam
Canonum
custodiatur
Auctoritas
.
His
in
robore
suo
omni
circumspectione
servatis
,
remedia
sperantibus
conferantur
.
And
writing
to
the
Emperor
,
he
begs
that
his
Majesty
would
not
think
him
more
austere
than
his
Predecessors
for
standing
upon
higher
terms
,
they
insisting
only
upon
the
name
of
Acacius
,
and
assures
him
that
it
is
not
stubbornness
,
but
the
sad
experience
of
those
grievous
Scandals
,
that
had
followed
upon
the
unhappy
rupture
,
that
made
him
the
more
severe
.
At
the
beginning
of
the
Schism
there
might
have
been
room
for
some
condescension
,
but
the
mischiefs
,
that
have
followed
by
so
long
and
stubborn
a
continuance
of
it
,
especially
their
affront
to
the
great
Council
of
Calcedon
,
cannot
be
pardoned
or
expiated
without
some
publick
satisfaction
.
But
yet
that
he
may
not
be
too
hard-hearted
,
he
leaves
it
to
the
Conscience
and
Discretion
of
Epiphanius
,
to
receive
such
as
he
believes
true
Penitents
,
or
seduced
out
of
Ignorance
and
Simplicity
,
but
so
as
to
oblige
him
to
return
all
their
Libels
of
Confession
to
himself
at
Rome
.
And
as
for
the
Cause
of
the
Scythian
Monks
,
he
will
by
no
means
admit
their
Proposition
because
of
its
Novelty
;
and
when
the
same
thing
was
less
ambiguously
expressed
by
the
Scriptures
and
the
Ancients
,
as
that
the
Son
of
God
suffered
in
the
Flesh
,
he
would
allow
of
no
new
Phrases
,
that
would
but
give
occasion
to
new
disputes
and
farther
divisions
.
Haec
si
quemadmedum
a
Patribus
constituta
sunt
,
servent
,
credant
,
non
definita
transcendant
,
à
quo
tramite
qui
decli●ant
,
ipsi
sibi
nebulam
dubitationis
offundunt
.
And
therefore
he
will
have
all
men
acquiesce
in
the
definition
of
the
Council
;
and
for
the
same
reason
though
he
will
not
directly
condemn
the
Proposition
of
Heresie
,
yet
he
damns
it
as
a
needless
,
a
peevish
,
and
an
over
curious
Novelty
.
And
here
the
Modern
Writers
of
the
Church
of
Rome
are
at
a
great
loss
how
to
reconcile
this
Sentence
of
Horm
s●●as
with
that
of
Pope
John
the
Second
,
who
expresly
anathematised
the
Acaemetan
Monks
for
denying
it
,
and
voucht
it
for
an
Article
of
the
Christian
Faith
,
and
constant
Tradition
of
the
Christian
Church
.
But
the
present
Historian
Natalis
Alexander
thinks
he
clears
the
difficulty
by
proving
against
Baronius
that
Hormisdas
did
not
condemn
the
Scythian
Monks
of
Heresie
,
Saec.
Sext.
diss.
2.
and
therefore
though
John
the
Second
past
that
Sentence
upon
the
contrary
Opinion
,
it
was
no
contradiction
.
The
observation
is
good
,
but
the
Evasion
bad
;
for
Baronius
,
as
his
manner
is
,
here
stretches
beyond
his
Records
,
when
he
endeavours
to
draw
them
into
the
List
of
Hereticks
;
and
yet
for
all
that
the
Contradiction
is
as
palpable
,
as
if
their
Sentence
had
been
for
Heresie
.
For
when
one
Pope
shall
Condemn
a
Proposition
as
a
needless
and
prophane
Novelty
,
and
another
shall
abet
it
as
a
constant
Tradition
of
the
Christian
Church
,
and
so
much
an
Article
of
Faith
,
as
to
anathematise
all
that
oppose
it
,
is
I
think
a
contradiction
too
tough
to
be
reconciled
by
infallibility
it self
.
As
for
the
behaviour
of
Hormisdas
in
this
whole
business
,
it
may
seem
too
stiff
and
rigorous
,
but
setting
aside
his
design
to
trample
down
his
Rival
at
Constantinople
,
and
taking
upon
himself
the
single
Authority
of
governing
the
Christian
Church
,
his
severity
was
but
seasonable
and
necessary
at
that
time
.
For
ever
since
the
unhappy
Publication
of
the
Henoticon
,
and
the
Schism
of
Acacius
,
the
Discipline
of
the
Church
was
wholy
laid
aside
by
the
Acacian
Party
,
and
that
could
not
be
restored
to
its
effectual
exercise
,
without
bringing
the
Offenders
against
it
to
a
publick
Confession
of
their
fault
.
Neither
indeed
without
that
,
was
it
lawful
by
the
Canons
of
the
Church
to
receive
any
man
,
that
had
been
Canonically
judged
a
Schismatick
,
to
Communion
.
And
as
for
the
Scythian
Monks
,
though
their
Proposition
were
true
,
as
in
one
sense
it
might
be
,
when
they
applyed
the
Crucifixion
not
immediately
to
the
Divinity
it self
,
but
to
the
flesh
in
which
the
Divinity
resided
.
Yet
however
it
was
in
the
first
place
as
they
express
it
in
general
terms
,
capable
of
too
harsh
a
sense
.
Secondly
,
it
was
without
Authority
,
when
private
Persons
will
take
upon
themselves
the
confidence
to
impose
upon
the
Christian
Church
.
Thirdly
,
it
was
an
unmannerly
reflection
upon
the
Council
of
Calcedon
,
as
if
that
had
not
made
sufficient
provision
against
the
late
Heresie
,
but
stood
in
need
to
be
patcht
out
by
this
new
Addition
.
And
for
these
reasons
I
cannot
see
but
that
it
was
justly
censured
and
rejected
by
this
Pope
,
though
otherwise
and
in
most
other
Cases
he
was
a
man
of
much
too
stiff
and
unyielding
a
Temper
.
The
rest
of
the
Acts
of
his
Reign
are
lost
,
for
tho
he
lived
two
years
after
,
yet
after
this
time
we
have
no
remaining
Records
of
his
Transactions
.
But
the
Emperor
having
cleared
the
Church
of
these
wanton
Schisms
,
that
owed
their
Birth
meerely
to
the
liberty
granted
by
his
Predecessors
,
he
now
proceeds
to
root
up
all
the
ancient
Heresies
that
it
seems
had
peep
't
above
ground
again
by
having
been
so
long
neglected
.
And
it
is
certain
that
there
is
no
setting
limits
to
liberty
of
opinion
,
for
if
men
are
once
allowed
the
wantonness
of
Philosophising
as
they
please
,
there
is
nothing
so
absurd
that
somebody
will
not
assert
.
And
here
from
this
particular
Case
we
may
observe
the
woful
effects
of
a
few
years
indulgence
and
licentiousness
,
when
all
these
wild
Heresies
that
the
several
Emperors
had
from
time
to
time
rooted
up
by
effectual
Laws
,
now
take
root
and
spring
up
again
,
and
probably
had
they
not
been
timely
prevented
by
this
Emperor
and
his
Successor
,
they
might
have
grown
to
as
great
an
head
as
ever
they
did
in
former
times
.
But
they
are
cut
up
all
together
at
one
blow
by
one
Law
,
Cod.
lib.
1.
Tit.
5.
l.
12.
viz.
That
the
Manichees
be
every
where
destroyed
and
put
to
death
,
and
that
the
rest
of
the
Hereticks
(
and
an
Heretick
is
every
man
that
is
not
Orthodox
)
together
with
Heathens
,
Jews
,
and
Samaritans
,
bear
no
Office
in
the
Common-wealth
.
And
if
any
shall
presume
to
do
it
,
he
is
to
be
severely
fined
,
excepting
only
the
Gothick
Arians
,
because
they
are
our
Confederates
.
Where
we
may
observe
,
that
the
punishment
of
the
Manichees
is
Capital
,
but
that
of
the
other
sort
of
Hereticks
Pecuniary
,
because
Manicheism
was
not
meer
Heresie
,
but
down-right
Debauchery
,
and
that
of
the
blackest
Dye
,
teaching
men
the
practice
of
all
wickedness
from
the
Principles
of
Religion
.
And
therefore
this
Heresie
was
as
severely
proceeded
against
by
Heathen
as
by
Christian
Emperors
,
as
we
may
see
by
a
Rescript
of
Dioclesian
and
Maximinian
in
the
Gregorian
Code
against
the
Manichees
,
Tit.
Vlt.
those
new
and
unheard
of
Monsters
in
the
Roman
Empire
,
that
were
first
spawn'd
in
Persia
,
where
they
committed
all
manner
of
wickedness
,
raised
Tumults
and
Seditions
among
the
People
,
and
caused
great
slaughters
in
every
City
.
And
as
for
the
exception
of
the
Arian
Goths
,
it
could
not
well
be
avoided
at
that
time
,
both
because
the
Emperor
was
Confederate
with
their
Powerful
King
Theodorick
,
whose
displeasure
would
then
have
been
very
dangerous
to
the
State
of
the
Empire
:
and
because
he
would
not
provoke
him
to
use
any
Severity
against
the
Catholicks
in
the
West
,
he
being
then
King
of
Italy
,
and
had
hitherto
been
so
far
from
all
thoughts
of
Persecution
,
that
he
protected
the
Church
in
all
its
Rights
and
Liberties
,
and
abetted
its
power
with
as
Religious
care
and
respect
as
any
Emperor
had
ever
done
.
It
is
reported
by
Baronius
and
those
that
follow
him
that
Justin
afterwards
reverst
this
Indulgence
to
the
Goths
,
and
put
the
Laws
against
the
Arians
so
severely
in
Execution
,
that
Theodorick
forced
Pope
John
the
First
to
go
his
Ambassador
to
Constantinople
to
take
him
off
from
his
severity
,
and
because
he
did
not
,
or
would
not
effect
it
,
cast
him
into
Prison
at
his
return
home
,
where
he
died
.
This
is
the
common
Tale
,
but
I
doubt
it
wants
Authority
.
For
as
for
Anastasius
the
Librarian
,
who
is
the
chief
Author
upon
whom
the
learned
Annalist
relyes
,
he
is
a
very
late
and
fabulous
Writer
,
living
in
the
9th
Century
,
and
that
under
Pope
Nicolaus
the
first
,
that
great
Father
of
Lyes
,
whose
whole
business
it
was
to
corrupt
the
Records
of
the
Church
for
the
advancement
of
his
own
See
,
and
as
he
for
that
reason
imposed
upon
the
World
the
forged
Decretals
of
the
Popes
from
Clement
down
to
Cyricius
,
so
his
Librarian
extracted
the
History
of
that
Interval
out
of
those
Forgeries
.
And
though
he
had
or
might
have
had
better
Records
of
the
following
Popes
,
yet
I
know
not
by
what
fate
it
comes
to
pass
,
his
Story
is
altogether
as
ill-told
,
and
is
no
better
then
rank
Legend
.
But
so
it
was
that
he
lived
in
a
dark
and
barbarous
Age
,
when
the
Records
of
the
Church
were
buried
under
heaps
of
Tales
and
Fables
,
and
men
only
studied
to
out-stretch
one
another
in
the
strangeness
of
their
Reports
.
And
therefore
I
cannot
but
wonder
that
a
man
of
Labbés
Learning
and
Judgment
should
follow
him
as
the
best
Author
of
the
Papal
History
,
when
it
is
so
inconsistent
with
all
those
Records
,
that
himself
has
examin'd
and
published
,
of
every
Popes
Actions
.
As
for
the
Letters
of
Pope
John
to
the
Italian
Bishops
about
this
business
,
they
are
apparently
spurious
.
Gregory
Turonensis
indeed
tells
a
Story
somewhat
like
it
,
but
then
he
has
it
only
upon
Report
,
at
a
great
distance
of
place
,
and
that
a
very
crude
one
,
and
different
from
other
Records
,
for
he
says
nothing
of
the
Embassy
to
Constantinople
,
which
was
the
only
considerable
transaction
of
this
Popes
Reign
,
but
only
says
that
he
was
told
that
the
cause
of
his
Imprisonment
was
that
Theodorick
putting
all
the
Catholicks
in
Italy
to
the
Sword
(
it
is
strange
that
no
Historian
of
that
time
should
make
any
mention
of
it
)
Pope
John
went
to
him
to
perswade
him
from
so
bloody
a
Persecution
,
for
which
in
a
rage
he
threw
him
into
Prison
.
As
for
the
Story
of
Gregory
the
Great
,
it
is
so
childish
and
such
meer
Legend
,
that
out
of
respect
to
so
great
a
man
,
I
will
not
recite
it
.
All
that
certainly
appears
is
this
,
that
there
was
at
that
time
some
misunderstanding
between
Justin
and
Theodorick
,
for
that
was
the
Accusation
upon
which
the
Great
Boëtius
was
then
put
to
death
,
that
he
held
correspondence
with
Justin.
And
that
Pope
John
was
sent
by
Theodorick
to
treat
with
the
Emperor
,
but
what
was
his
particular
Errand
is
not
recorded
,
but
whatever
it
was
,
it
seems
he
managed
it
so
as
to
fall
into
the
King's
displeasure
,
and
this
is
all
that
we
have
of
that
Popes
Actions
,
and
this
Emperor's
reign
.
§
.
XXI
.
For
he
dying
,
after
he
had
reign'd
nine
years
,
in
his
extreme
old
Age
,
before
his
death
saw
his
Nephew
Justinian
fixt
in
the
actual
possession
of
the
Imperial
Throne
by
the
choice
of
the
Senate
,
one
of
the
greatest
Princes
in
the
whole
Succession
,
whether
we
regard
the
Success
of
his
Arms
,
the
Magnificence
of
his
Buildings
,
or
the
Wisdom
of
his
Laws
,
the
three
greatest
Ornaments
of
any
Princes
Reign
.
And
yet
Envy
,
and
one
ill-natur'd
Libel
of
a
malecontent
Courtier
(
if
it
be
his
)
has
been
able
(
such
is
the
ill-nature
of
Mankind
)
to
slur
all
the
Miracles
of
his
reign
.
But
I
find
that
the
ground
of
all
the
late
displeasure
against
this
great
Prince
was
(
as
some
Men
suppose
)
his
too
busie
intermedling
in
Church-Matters
:
this
is
the
thing
that
is
taken
unkindly
by
the
Church-Men
at
Rome
,
as
an
invasion
of
their
Province
.
But
others
on
the
contrary
top
him
up
for
a
Pattern
to
all
Princes
to
keep
the
Jurisdiction
of
the
Church
in
their
own
hands
against
all
the
pretences
of
Ecclesiasticks
.
But
as
it
falls
out
,
and
ought
so
to
do
,
they
are
both
equally
mistaken
;
for
Justinian
never
attempted
any
thing
in
the
Church
,
that
was
not
warranted
by
continued
Precedents
of
his
best
Predecessors
.
He
only
protected
the
Power
of
the
Church
in
the
exercise
of
its
Jurisdiction
,
as
they
did
,
but
never
claim'd
it
to
himself
,
howsoever
he
might
err
(
as
sometimes
he
did
)
in
the
execution
of
his
Office
.
And
whereas
they
load
him
so
severely
for
presuming
to
make
so
many
Novels
,
or
Laws
of
his
own
about
Religion
,
the
whole
charge
is
founded
meerly
upon
ignorance
and
mistake
,
they
being
all
known
Canons
of
the
Church
,
before
ever
he
enacted
them
into
Laws
.
And
therefore
he
is
no
more
to
be
blamed
than
the
best
of
his
Predecessors
,
unless
it
be
for
his
too
pious
and
watchful
care
to
preserve
the
Discipline
of
the
Christian
Church
.
So
that
it
is
no
less
than
high
ingratitude
in
the
Clergy
of
Rome
to
requite
so
great
a
Benefactor
to
the
Cause
of
Religion
,
with
nothing
but
unkind
Censures
and
foul
Calumnies
.
But
the
ground
of
all
their
present
Quarrel
is
his
taking
down
the
pride
of
one
of
their
most
haughty
Popes
,
Vigilius
,
though
by
their
own
confession
one
of
the
worst
of
Men
,
and
that
too
was
done
at
a
time
,
when
their
Holinesses
had
been
accustom'd
to
trample
upon
the
state
of
the
Imperial
Majesty
it self
.
And
if
in
these
contentions
the
Emperor
fell
into
any
indecencies
,
that
cannot
be
justified
,
yet
he
ought
not
only
in
good
Manners
,
but
in
justice
,
to
be
excused
,
because
it
is
evident
from
the
Design
of
his
whole
Reign
,
that
his
only
aim
was
to
resettle
the
long-disturb'd
Peace
of
the
Church
,
and
if
at
any
time
he
fail'd
in
his
Measures
,
his
Integrity
ought
by
all
the
rules
of
Candor
to
attone
for
the
defect
of
his
Politicks
.
But
whether
all
his
Acts
of
Government
in
the
Church
are
justifiable
,
or
not
,
I
dare
insure
for
all
his
Laws
,
and
for
that
I
shall
here
account
,
to
finish
the
parallel
between
the
Ecclesiastical
and
Imperial
Laws
in
this
Matter
;
because
by
this
Prince
the
Imperial
Law
was
brought
to
its
full
Perfection
.
And
after
that
it
will
be
needless
to
inquire
into
the
practice
of
succeeding
Princes
,
who
received
either
the
Theodosian
or
Justinian
Body
of
Laws
,
as
the
sixt
and
standing
rule
of
the
Imperial
Government
.
Though
of
the
two
the
Theodosian
Code
met
with
much
the
better
Fortune
,
for
that
having
had
ninety
Years
possession
both
in
the
Eastern
and
Western
Empire
,
it
was
not
easily
removed
,
especially
when
it
had
been
received
by
the
barbarous
People
that
invaded
and
conquer'd
some
Parts
of
the
Empire
,
as
the
only
establisht
Law
of
the
Romans
.
And
so
it
was
by
that
great
,
wise
and
prosperous
Prince
Theodorick
King
of
the
Goths
,
who
enacted
its
obligation
upon
his
own
People
in
a
compendious
Edict
drawn
out
of
it
,
consisting
of
154
heads
,
extant
in
Cassiodorus
.
But
Alaric
his
Successor
and
Grand-child
by
his
Daughter
Amalesuntha
,
that
greatest
of
Women
,
made
a
new
body
of
Institutes
out
of
it
,
vulgarly
known
by
the
name
of
the
Breviary
of
Anianus
,
not
that
Anianus
composed
it
,
but
because
he
by
his
Office
compared
and
examin'd
the
Original
Copy
that
was
laid
up
among
the
Crown-Records
,
and
subscribed
his
Approbation
,
from
thence
in
after-Ages
it
came
to
bear
his
Name
.
But
after
the
Goths
,
the
Lombards
,
the
Franks
,
the
Burgundians
,
and
other
People
of
Germany
,
over-run
the
Western
Empire
,
and
these
when
they
came
to
settle
,
blended
the
Theodosian
Laws
with
their
own
ancient
Customs
,
from
whence
came
the
Feudal
Law
,
that
to
this
day
carries
the
greatest
sway
▪
in
the
Government
of
all
the
European
Nations
.
But
as
for
the
Justinian
Law
,
that
was
received
only
in
the
Eastern
Empire
,
and
there
it
had
scarce
reign'd
300
years
,
when
it
was
thrust
out
of
Authority
by
the
Basilica
of
Leo
the
Philosopher
,
who
added
to
the
Justinian
Collection
the
Novels
of
all
the
succeeding
Emperors
down
to
his
own
time
.
But
in
the
West
it
was
never
so
much
as
heard
of
for
600
years
after
the
death
of
Justinian
;
there
are
not
so
much
as
any
footsteps
of
it
in
the
Capitulars
of
Charles
the
Great
,
or
any
other
European
Laws
.
Neither
were
they
ever
made
publick
to
the
Western
World
till
the
time
of
that
great
Prince
Lotharius
the
second
Emperor
and
Duke
of
Saxony
,
But
as
for
the
Law
it self
,
it
consists
of
two
parts
,
the
Code
and
the
Novels
,
that
is
,
Laws
made
by
himself
after
the
publication
of
the
Code
,
and
these
are
again
to
be
subdivided
into
Laws
concerning
Faith
,
and
Laws
concerning
Discipline
,
in
both
which
he
has
behaved
himself
with
as
much
decency
and
respect
to
the
Church
,
as
any
of
his
most
admired
Predecessors
.
As
for
the
Code
,
it
is
a
Collection
of
former
Laws
with
some
additions
of
his
own
:
Of
the
former
Laws
we
have
treated
in
order
,
under
the
several
Reigns
in
which
they
were
enacted
,
and
therefore
need
say
nothing
of
them
here
,
but
only
to
vindicate
the
Integrity
of
this
Record
.
Because
the
learned
Gothofred
to
enhance
the
value
of
his
Theodosian
Code
,
Proleg
.
c.
4.
that
indeed
can
never
be
over-valued
,
has
made
very
great
Complaint
of
the
unfaithfulness
of
Tribonian
in
reciting
the
Laws
of
former
Emperors
.
But
I
must
confess
that
I
cannot
discern
any
such
enormous
Faults
,
that
may
deserve
the
hard
title
of
Triboniani
Facinora
,
as
he
stiles
them
.
He
has
indeed
cut
off
all
superfluities
and
unnecessary
Prefaces
,
he
has
fil●d
off
all
temporary
and
antiquated
Laws
,
he
has
avoided
,
as
much
as
conveniently
he
could
,
the
repetition
of
the
same
Laws
under
several
Emperors
to
the
same
purpose
,
otherwise
I
can
see
no
Alteration
but
for
the
better
.
I
shall
not
enter
upon
a
particular
collation
of
Laws
with
Gothofred
,
that
would
be
too
wide
a
digression
from
my
Undertaking
,
and
therefore
I
shall
only
examine
that
Specimen
of
the
Triboniani
Facinora
,
that
himself
has
here
given
in
the
Laws
relating
to
the
Subject
of
Religion
.
His
first
instance
is
in
the
6
th
Law
under
the
Title
de
Haereticis
,
and
that
is
the
Law
of
Theodosius
the
Younger
against
the
Nestorians
,
that
they
should
be
call'd
Simonians
,
as
Constantine
the
Great
caused
the
Arians
to
be
stil'd
Porphyrians
.
And
the
Original
Law
it self
runs
thus
.
Quemadmodum
Ariani
Lege
divae
memoriae
Constantini
ob
similitudinem
impietatis
,
Porphyriani
à
Porphyrio
nuncupantur
;
sic
ubique
participes
nesariae
sectae
Nestorii
Simoniani
vo
●entur
.
But
in
the
Justinian
Code
after
Ariani
is
foisted
in
ab
Ario
,
and
instead
of
Simoniani
't
is
written
Nestoriani
,
as
if
the
Arians
were
to
be
denominated
from
Arius
,
the
Porphyrians
from
Porphyrius
,
and
the
Nestorians
from
Nestorius
.
But
granting
this
mistake
,
it
is
no
facinus
,
no
sin
of
Malice
,
and
then
beside
it
is
too
gross
an
Escape
for
a
Man
of
Tribonian's
Learning
to
make
at
that
time
,
the
Law
of
Constantine
being
then
so
known
and
common
,
and
therefore
a
Man
of
Gothofred's
Candor
and
Ingenuity
ought
to
have
imputed
it
to
the
ignorance
of
Transcribers
in
later
Times
,
after
the
Book
had
layen
so
long
buried
in
dust
and
rubbish
;
In
other
like
Cases
learned
Men
are
always
wont
to
impute
such
Mistakes
of
Ignorance
rather
to
the
misfortune
of
the
Copy
,
than
to
the
fault
of
the
Author
himself
,
if
a
Man
of
known
learning
,
especially
when
it
might
be
corrected
by
other
authentick
Copies
,
that
met
with
better
fortune
,
as
this
is
both
by
the
Theodosian
Code
it self
,
and
Photius
his
Nomocanon
.
But
in
the
times
of
Ignorance
,
it
was
but
any
ignorant
hands
clapping
either
into
the
Text
,
or
rather
the
Margent
,
the
word
ab
Ario
,
and
there
is
the
whole
mistake
.
And
after
all
I
see
not
why
it
might
not
be
done
by
the
first
Publisher
Irnerius
himself
,
who
,
as
Vrspergensis
informs
us
,
corrected
the
Copy
and
interposed
some
Words
of
his
own
,
and
in
that
dark
Age
it
was
very
easie
for
a
Man
very
learned
,
as
the
times
went
,
to
fall
into
such
a
Mistake
,
when
all
the
Ancient
Records
of
the
Imperial
Law
had
lain
so
long
neglected
.
And
the
same
easie
mistake
is
his
second
Instance
in
the
Law
of
Valentinian
concerning
the
Age
of
Deaconesses
,
viz.
that
they
should
not
be
admitted
into
that
order
till
they
were
60
years
of
Age
according
to
the
Precept
of
the
Apostle
,
whereas
in
the
Justinian
Code
the
number
is
sunk
from
60
to
50.
But
the
mistake
of
figures
by
Transcribers
is
so
very
easie
,
that
it
ought
to
be
supposed
,
where-ever
it
is
discover'd
,
and
it
is
not
improbable
that
Irnerius
his
own
hand
was
in
this
too
,
for
he
finding
the
time
set
by
Justinian's
own
Novel
to
be
but
50
years
,
it
was
natural
for
him
,
who
knew
nothing
of
the
Theodosian
Code
,
to
conclude
that
it
ought
to
be
so
here
.
The
third
and
last
instance
of
Tribonian's
prevarication
is
a
much
leaner
exception
then
either
of
the
two
former
,
viz.
the
Rescript
of
Valentinian
the
Younger
against
Apostates
,
which
Gothofred
says
reacht
only
Apostates
from
Christianity
to
Heathenism
,
whereas
Tribonian
has
perverted
the
sense
of
it
by
foisting
in
those
words
,
de
Haereticâ
superstitione
,
as
if
the
Rescript
aim'd
at
all
sorts
of
Hereticks
,
that
deserted
the
Catholick
Church
.
But
that
these
words
were
foisted
in
,
I
see
no
ground
to
suspect
,
or
if
they
were
,
they
might
come
in
from
other
hands
as
well
as
Tribonian's
.
But
however
the
meaning
of
the
Law
is
so
plain
,
that
I
cannot
but
wonder
how
so
accurate
and
diligent
an
Observator
,
and
one
of
such
exquisite
Learning
as
Gothofred
was
,
should
over-look
it
;
for
the
Law
it self
expresly
refers
to
a
former
Rescript
,
enacted
by
the
same
Emperor
,
and
that
is
the
Law
immediately
preceding
in
the
Theodosian
Code
,
and
the
only
Law
made
before
this
by
this
Emperor
,
in
which
he
explains
what
is
here
meant
by
Apostates
,
of
which
he
there
makes
three
sorts
,
viz.
to
Heathenism
,
to
Judaism
and
to
Manicheism
,
and
therefore
this
Law
that
was
enacted
eight
years
after
in
pursuance
to
that
,
must
be
understood
of
those
three
several
sorts
of
Apostates
and
none
other
.
And
it
was
no
impropriety
to
call
the
Manichees
Hereticks
,
for
though
they
were
worse
than
Jews
and
Heathens
,
yet
they
were
only
accused
of
Heresie
,
because
they
pretended
to
Christianity
.
Neither
was
it
any
Solecism
to
impute
heretical
Superstition
to
the
other
two
Sects
,
for
though
they
were
not
usually
accused
of
Heresie
,
yet
when
the
word
Superstition
was
join'd
with
it
,
by
which
they
then
vulgarly
understood
any
false
Religion
,
it
comprehended
Pagan
and
Jewish
as
well
as
Christian
Hereticks
.
These
are
all
the
Instances
that
this
diligent
and
learned
Man
has
alledged
upon
this
Argument
in
his
Chapter
de
Triboniani
Facinoribus
,
and
I
think
I
may
now
safely
leave
it
to
the
Reader
to
judg
,
Whether
the
Proof
be
not
very
much
too
slender
to
fill
up
the
Body
of
the
Charge
.
But
when
I
have
vindicated
the
faithfulness
of
this
great
Man
in
this
great
Work
,
it
will
not
be
altogether
improper
to
do
that
right
to
his
Memory
,
who
has
deserved
so
highly
of
all
Posterity
,
as
to
clear
him
from
a
Calumny
or
two
,
that
have
been
so
unjustly
dasht
upon
his
Reputation
.
De
Bello
Persico
lib.
1.
cap.
25.
Procopius
himself
magnifies
him
for
all
kind
of
Vertues
,
and
charges
him
with
no
other
blemish
than
too
much
love
of
Money
.
And
as
for
Suidas
,
that
is
the
only
Man
that
has
blackened
his
Memory
,
as
he
is
a
Writer
of
very
mean
Authority
of
himself
,
so
his
Story
here
is
plainly
felo
de
se
,
when
he
says
,
that
Tribonian
was
a
zealous
Pagan
,
a
tale
so
improbable
in
it self
,
against
a
Man
that
has
taken
so
much
faithful
pains
to
do
service
to
Christianity
,
that
it
would
require
some
very
strong
proof
to
make
it
but
meerly
credible
.
§
.
XXII
.
But
now
having
vindicated
the
Integrity
of
the
Justinian
Code
,
as
to
the
Laws
of
his
Predecessors
,
we
may
proceed
to
the
examination
of
his
own
.
And
his
Laws
of
Religion
take
up
the
first
thirteen
Titles
of
the
first
Book
,
and
are
of
two
sorts
,
concerning
Faith
,
and
concerning
Discipline
.
His
Laws
concerning
Faith
are
far
from
being
numerous
,
only
three
of
his
Predecessors
and
three
of
his
own
,
and
all
in
pursuance
of
the
Decrees
and
Definitions
of
the
Church
,
and
those
of
his
own
are
not
so
properly
Laws
,
as
Confessions
and
Declarations
of
his
own
Faith
sent
to
some
Christian
Bishops
for
their
satisfaction
,
and
are
nothing
else
than
an
owning
or
ratification
of
the
four
General
Councils
,
by
whose
Authority
(
as
he
declares
)
the
Apostolical
Faith
was
conveyed
down
through
all
Ages
to
his
own
time
,
and
for
that
reason
he
receives
both
the
Nicene
Faith
,
because
it
was
deliver'd
down
from
the
Apostles
,
and
the
several
Expositions
of
it
by
the
following
Councils
.
Not
as
if
that
had
been
defective
in
perspicuity
,
but
because
the
Enemies
of
the
truth
had
endeavor'd
to
subvert
it
,
some
one
,
and
some
another
way
,
therefore
it
was
necessary
for
the
Church
in
the
following
Councils
to
explain
and
defend
its
truth
by
Testimonies
of
Scripture
,
and
to
anathematise
all
the
Authors
of
prophane
Novelties
.
And
for
this
very
reason
he
lets
all
his
Subjects
know
,
that
there
is
no
living
for
any
Man
within
his
Dominions
,
that
does
not
submit
to
the
Authority
of
these
Councils
.
In
all
which
he
expresses
so
much
Civility
and
Respect
to
the
Jurisdiction
of
the
Church
,
that
there
is
not
an
higher
declaration
of
it
in
all
the
Imperial
Laws
,
so
free
is
he
in
this
matter
from
that
imputation
so
confidently
charged
upon
him
by
the
Italians
,
In
Praefat.
●d
Procopium
.
as
Alemannus
expresses
it
,
ad
Religionis
dogmata
definienda
ecclesiasticasque
sanciendas
leges
effusa
licentia
,
a
bold
and
saucy
tampering
with
the
Christian
Faith
,
which
he
was
so
far
from
ever
attempting
,
that
no
Prince
ever
declared
more
vehemently
against
that
sacrilegious
abuse
of
the
Imperial
Authority
.
In
the
three
following
Titles
de
Sacrosanctis
Ecclesiis
;
de
Episcopis
et
Clericis
;
de
Episcopali
Audientiâ
;
all
the
Laws
enacted
by
himself
are
only
so
many
Charters
of
Priviledg
to
the
Church
,
that
express
an
high
sense
of
Piety
and
Devotion
,
and
are
withal
contrived
with
so
much
prudence
,
that
whoever
would
go
about
to
find
fault
with
them
,
must
lay
aside
his
Understanding
as
well
as
his
Integrity
.
And
yet
these
are
all
the
Laws
of
his
own
enacting
in
the
Code
,
for
under
all
the
following
Titles
he
has
only
collected
the
Laws
of
his
Predecessors
without
adding
any
of
his
own
.
In
his
Novels
,
as
mighty
and
Ecclesiastical
Legislator
as
he
is
taken
to
be
,
his
Laws
of
Religion
are
not
so
very
numerous
,
and
those
that
are
,
only
revive
Ecclesiastical
Canons
or
Ecclesiastical
Customs
,
but
are
no
new
Institutions
.
And
any
attempt
of
that
kind
was
so
far
from
finding
any
entertainment
in
his
thoughts
,
that
he
ever
shun'd
it
with
all
manner
of
tenderness
,
and
declares
upon
all
occasions
that
his
Laws
only
wait
(
as
he
is
pleased
to
express
himself
)
upon
the
Canons
of
the
Church
.
The
first
Novel
upon
this
Argument
is
the
Third
,
Enacted
Anno
535
▪
in
the
9th
Year
of
his
Reign
,
where
he
Enacts
that
in
all
Cathedral
Churches
the
Clergy
be
stinted
to
a
certain
number
,
but
I
hope
no
man
can
be
so
weak
as
to
think
that
this
was
never
Enacted
before
that
time
.
The
next
is
the
5th
,
de
Monachis
,
in
which
he
only
keeps
the
Monks
to
the
Rules
of
their
Institution
,
but
makes
no
new
Rules
of
his
own
:
The
6th
regulates
the
other
Clergy
according
to
the
Canons
of
the
Fathers
,
as
he
declares
in
the
Preface
to
it
,
and
there
occurs
nothing
in
it
,
but
what
had
been
often
commanded
both
by
the
Ecclesiastical
and
Imperial
Law
.
The
7th
forbids
all
Alienations
of
the
Goods
of
the
Church
.
The
9th
gives
the
Church
the
Priviledge
of
prescribing
for
one
hundred
Years
,
whereas
the
Plea
of
Possession
against
all
other
Prescription
was
limited
to
30
,
and
this
he
presents
as
a
Religious
Oblation
to
Almighty
God
.
These
were
all
publish't
in
the
same
Year
.
In
the
11th
he
raises
the
place
of
his
birth
to
the
honour
of
an
Arch-Bishoprick
or
Patriarchate
,
to
which
he
subjects
Six
Provinces
,
that
had
hitherto
belonged
to
the
Arch-Bishop
of
Thessalonica
,
and
justifies
his
Power
of
doing
it
,
because
the
dignity
of
the
Church
naturally
followed
that
of
the
State
,
and
therefore
his
Imperial
Majesty
having
establisht
a
new
Civil
Prefecture
in
that
City
,
that
gave
it
a
new
Prerogative
in
the
Church
:
for
as
in
former
times
when
the
Prefecture
of
Illyricum
was
fixt
at
Sirmium
,
then
the
Episcopal
Primacy
resided
there
,
but
when
afterward
those
Parts
were
invaded
and
laid
wast
by
Attila
King
of
the
Huns
,
Appennius
the
Prefect
was
forced
to
retire
to
Thessalonica
,
the
Archiepiscopal
Dignity
followed
him
thither
,
Et
Thessalonicensis
Episcopus
non
suâ
Authoritate
,
sed
sub
umbrâ
praefecturae
meruit
aliquam
praerogativam
,
i.
e.
And
the
Bishop
of
Thessalonica
obtained
the
Prerogative
not
by
Vertue
of
his
own
Authority
but
under
the
shelter
of
the
Civil
Prefecture
.
And
therefore
the
Emperor
having
instituted
a
new
praefectus
praetorio
in
his
own
City
,
upon
the
Recovery
of
that
part
of
the
Empire
that
had
been
lost
,
it
was
but
fit
and
decent
that
upon
that
occasion
it
should
be
made
an
Archiepiscopal
See
:
And
to
it
he
subjected
all
Dacia
and
Pannonia
;
Dacia
then
containing
Transilvania
,
Valachia
,
and
Moldavia
:
Pannonia
the
lower
Hungary
,
the
upper
Austria
,
Carinthia
and
Carniola
,
as
they
are
now
divided
.
And
this
being
done
he
obtains
of
Pope
Vigilius
to
grant
the
new
Arch-Bishop
his
Legantine
Dignity
in
those
Provinces
.
But
here
Baronius
storms
,
and
says
he
extorted
it
by
force
and
cruelty
after
the
great
falling
out
about
the
tria
Capitula
,
and
that
it
was
not
honest
to
rob
other
Churches
to
enrich
and
advance
his
own
.
But
his
passion
has
run
him
into
a
continued
Train
of
mistakes
.
For
first
the
Grant
of
Vigilius
was
made
at
his
first
coming
to
the
See
,
as
appears
by
Justinian's
131
st.
Novel
,
in
which
it
is
mentioned
,
that
bears
date
in
the
Year
541
,
whereas
there
was
no
Quarrel
between
the
Pope
and
the
Emperor
,
till
after
Vigilius
his
Journey
to
Constantinople
,
which
was
not
till
the
Year
547
,
neither
did
he
suffer
any
force
till
the
Year
551
,
as
Baronius
himself
very
well
knows
,
who
has
placed
the
Story
of
that
Persecution
in
the
History
of
that
Year
.
Neither
secondly
did
the
Pope
grant
the
Metropolitical
Dignity
,
but
only
the
Legantine
Power
,
the
first
was
stablisht
before
by
the
Emperor
,
and
more
then
that
,
an
Archiepiscopal
or
Patriarchal
Supremacy
,
for
at
that
time
those
words
were
synonymous
to
express
the
new
Jurisdiction
above
Metropolitans
.
Nor
Thirdly
,
were
the
Ancient
and
Original
Rights
of
Thessalonica
defrauded
,
but
only
that
part
of
the
Empire
that
was
newly
Recovered
,
and
formerly
belonged
to
Sirmium
,
was
settled
in
its
Ancient
State
under
the
Metropolis
of
Justiniana
.
But
lastly
,
the
Cardinal
has
little
reason
to
complain
of
robbing
Peter
to
pay
Paul
,
if
he
would
but
reflect
upon
the
Actions
of
the
Popes
about
that
time
,
who
with
Force
and
Arbitrary
Power
both
against
Canons
and
immemorial
Custom
transferred
the
Metropolitical
Power
from
Vienna
to
Arles
,
and
that
without
any
other
reason
,
then
to
make
a
Precedent
and
give
a
cast
of
their
absolute
Supremacy
,
disposing
of
the
Affairs
of
Christendom
not
by
the
Laws
of
the
Church
,
but
according
to
their
own
Arbitrary
Will
and
Pleasure
.
Whereas
the
Law
of
Justinian
was
sounded
upon
the
universal
Practice
of
the
Church
,
as
it
was
settled
by
the
Apostles
themselves
,
by
whom
its
Jurisdiction
was
every
where
accommodated
to
the
convenience
of
Civil
Governmen●
▪
And
therefore
this
City
being
made
both
a
Civil
Metropolis
,
and
the
Seat
of
a
Praefectus
Praetorio
,
it
was
but
natural
both
according
to
the
Canons
and
the
Customs
of
those
times
,
to
make
it
an
Ecclesiastical
Patriarchate
,
which
then
answered
to
the
Diocesan
Jurisdiction
of
the
Civil
Prefects
over
several
Provinces
.
The
16th
Novel
is
a
Repetition
of
the
Third
,
to
limit
the
number
of
the
Clergy
in
Cathedral
Churches
,
particularly
applied
to
the
Church
of
Constantinople
.
The
36th
and
37th
are
enacted
upon
his
Recovery
of
Africa
from
the
Vandals
,
to
restore
the
Discipline
,
the
Revenues
and
the
Priviledges
of
the
African
Church
,
to
suppress
all
kind
of
Hereticks
with
all
manner
of
severity
,
and
the
execution
of
all
former
Laws
upon
them
,
and
to
bestow
all
their
Churches
upon
the
Catholicks
,
and
to
grant
them
the
right
of
Sanctuary
in
all
Cases
,
excepting
the
Crimes
of
Rape
and
Murther
.
The
40th
〈…〉
particular
Grant
or
Dispensation
to
the
Church
of
Jerusalem
called
the
Resurrection-Church
for
the
sale
of
certain
Lands
.
The
Forty
second
is
a
Confirmation
of
the
Sentence
against
Anthimus
as
guilty
of
the
Eutychian
Heresie
,
according
to
known
Custom
,
as
he
declares
in
his
Preface
,
that
as
often
as
any
of
the
Clergy
were
judged
unworthy
of
the
Priest-hood
by
the
Sacerdotal
Sentence
,
the
Royal
Power
should
joyn
with
the
Authority
of
their
Decree
:
that
so
both
Powers
,
Divine
and
Humane
,
agreeing
,
a
good
correspondence
might
be
kept
between
both
,
and
so
the
World
be
well
govern'd
.
The
Forty
Third
is
a
revival
of
a
Rescript
of
the
Emperor
Anastasius
,
to
limit
the
Exemption
of
Taxes
upon
the
Revenues
of
the
Church
,
which
grew
so
very
great
,
as
to
defraud
its
contribution
to
the
Civil
Government
,
and
to
that
purpose
he
excuses
only
one
thousand
Tenements
in
the
City
of
Constantinople
belonging
to
that
Church
,
but
requires
all
other
Estates
that
were
purchased
since
the
Edict
of
Anastasius
,
to
contribute
in
their
just
proportion
to
the
publick
Burthens
of
the
Common-wealth
.
The
45
th
subjects
all
Jews
and
Hereticks
to
the
publick
Burthens
,
but
interdicts
them
all
Priviledges
.
The
46
th
●●ctifies
the
7
th
,
that
forbid
all
Clergy-m●●
he
alienation
of
their
Lands
,
which
Law
some
of
them
so
scandalously
abused
,
as
to
run
in
debt
without
any
obligation
to
pay
their
Creditors
.
In
which
cases
,
especially
of
Debts
to
the
Crown
,
he
permits
the
sale
of
Church-Lands
to
defray
Church-debts
;
and
that
I
take
it
is
no
Law
of
Religion
,
otherwise
than
as
it
is
an
act
of
Civil
Justice
.
The
55
th
is
only
an
interpretation
of
the
several
Laws
against
the
alienation
of
Church-Revenues
,
viz.
to
allow
their
sale
by
way
of
Exchange
,
so
it
be
done
without
fraud
or
fiction
.
The
56
th
is
a
revival
of
the
Laws
and
Canons
against
Simony
,
of
which
it
seems
there
were
great
Complaints
at
that
time
.
The
57
th
is
a
revival
of
a
Law
of
the
Emperor
Leo
,
enacting
that
if
a
Clerk
forsake
his
Cure
,
the
Bishop
take
care
to
have
it
supplyed
,
and
that
no
Patron
or
Founder
of
a
Church
present
his
Clerk
to
it
without
the
Bishops
approbation
.
The
58
th
forbids
the
erecting
of
Chappels
in
private
Families
to
the
defrauding
of
the
publick
Churches
,
and
though
it
allows
them
for
Prayers
,
yet
by
no
means
for
administration
of
the
holy
Sacraments
.
The
59
th
is
a
confirmation
of
the
gifts
of
Constantine
and
Anastasius
to
the
Church
of
Constantinople
for
Burials
without
Fees
and
Charges
,
which
it
seems
,
notwithstanding
the
Revenue
that
was
settled
by
those
Emperors
for
that
purpose
,
were
at
that
time
demanded
by
the
Clergy
of
that
Church
.
The
65
th
is
a
dispensation
to
the
Church
of
Mysia
,
to
sell
certain
Lands
for
the
redemption
of
Captives
.
The
67
th
provides
that
no
Churches
be
built
without
the
Bishops
consent
,
and
that
Bishops
reside
within
their
own
Diocesses
.
The
76
th
only
reforms
Abuses
among
the
Monks
.
The
77
th
restrains
Sodomy
and
Blasphemy
.
The
79
th
refers
all
the
Law-suits
of
Monks
and
Nuns
to
the
determination
of
the
Bishop
.
The
83
d
enacts
the
same
priviledg
for
the
whole
body
of
the
Clergy
.
The
86
th
impowers
any
Subject
to
appeal
from
the
Secular
Judge
of
the
Province
to
the
Bishop
,
who
is
required
to
examine
the
Proceedings
,
and
authorised
,
if
the
Appellant
desire
it
,
to
sit
in
Commission
with
him
,
and
if
upon
his
Complaint
the
Judg
refuse
to
do
Justice
,
he
is
commanded
to
inform
the
Emperor
against
him
.
This
is
a
Law
that
the
Ecclesiasticks
had
no
reason
to
complain
of
as
a
diminution
of
their
Authority
,
when
in
effect
it
put
the
whole
Government
of
the
Empire
into
their
hands
:
Though
the
Judges
had
but
too
much
reason
to
take
offence
at
it
,
in
having
spies
set
over
all
their
Actions
,
and
all
spies
are
apt
to
be
too
busie
and
officious
.
The
109
th
revives
the
Laws
of
his
Predecessors
Leo
and
Justin
against
all
sorts
of
Hereticks
of
what
Sect
soever
,
and
whereas
by
Law
Daughters
Portions
were
to
be
payed
before
any
other
Debts
,
he
debars
all
Female
Hereticks
of
that
Priviledg
.
The
111
th
is
an
amendment
of
the
9
th
Novel
,
that
gave
the
Church
the
priviledg
of
pleading
against
all
Prescription
less
than
100
years
,
whereas
other
Subjects
were
allowed
that
Plea
no
higher
than
30
years
,
but
the
Inconveniences
were
found
so
great
by
reason
of
the
great
distance
of
time
,
exceeding
the
term
of
Man's
life
,
that
in
this
Novel
he
brings
it
down
to
the
compass
of
40
years
.
The
120
th
is
a
revival
of
his
former
Laws
against
the
alienation
of
Church-Goods
.
The
123
d.
is
a
compendium
of
the
Canons
of
the
Church
for
the
regulation
of
the
Clergy
,
but
chiefly
Bishops
.
But
it
consists
of
so
many
particulars
,
and
is
of
that
great
length
,
containing
no
less
than
44
Chapters
,
that
it
would
be
too
tedious
to
repete
it
here
,
though
it
is
highly
worth
the
Readers
perusal
,
being
a
very
judicious
Collection
of
the
best
Laws
of
the
Church
in
that
matter
.
The
129
th
grants
the
Samaritans
,
because
they
now
behaved
themselves
modestly
and
peaceably
,
the
power
of
making
Wills
,
which
he
had
taken
from
them
by
a
former
Law
,
Zeno
,
Basiliscus
and
Anastasius
,
that
obliged
him
to
be
the
more
active
to
recover
their
Authority
,
and
if
he
were
so
,
why
does
the
Cardinal
charge
him
with
pragmaticalness
against
the
Power
of
the
Church
?
Secondly
from
Justinian's
own
declaration
,
that
runs
through
all
his
Laws
,
that
he
does
not
take
upon
himself
the
Authority
of
enacting
Ecclesiastical
Laws
,
but
of
abetting
them
,
and
putting
them
in
executio●
by
secular
Penalties
:
Eve
,
Dalilah
and
Herodias
,
Alecto
,
Megaera
and
Tisiphone
(
and
there
is
not
one
Lady
in
all
his
story
,
if
she
be
out
of
his
favor
,
that
he
does
not
compound
of
some
or
all
of
these
Ingredients
.
)
And
concludes
that
he
might
have
been
the
greatest
Prince
that
ever
swayed
Scepter
,
had
it
not
been
for
this
Penelope
or
six-fold
Devil
,
who
made
it
her
business
to
cross
and
controul
him
in
all
his
Designs
,
and
unravel
as
fast
as
he
could
wind
up
in
all
his
great
Under-takings
.
So
true
is
that
of
the
Preacher
,
It
is
better
to
dwell
with
a
Lyon
or
a
Dragon
than
with
a
wicked
Woman
.
§
.
XXIII
.
And
thus
having
vindicated
his
Laws
from
the
Cavils
of
these
ungratful
Men
,
I
come
now
to
vindicate
his
Person
and
his
Actions
from
their
more
disingenuous
Aspersions
.
And
here
lies
the
main
ground
of
the
Quarrel
against
him
,
not
his
medling
too
much
with
Church-Matters
but
with
Church-Men
.
He
would
not
suffer
himself
as
some
of
his
Predecessors
did
,
to
be
outhufft
by
the
Papal
Insolence
,
but
brought
Vigilius
one
of
the
proudest
of
them
all
to
complyance
and
submission
,
and
that
is
a
Crime
never
to
be
forgiven
.
And
for
want
of
better
or
rather
worse
Information
against
him
,
they
are
content
to
take
up
with
a
scandalous
Libel
,
i. e.
Procopius's
Anecdota
.
Baronius
was
grieved
to
the
heart
,
that
he
could
not
find
it
,
because
from
thence
,
he
says
,
it
would
appear
,
what
the
Humor
,
what
the
Wisdom
,
what
the
Piety
of
Justinian
was
,
when
his
sauciness
against
Ecclesiasticks
was
such
,
as
no
good
or
pious
Prince
could
be
guilty
of
.
But
Alemannus
a
Convert
from
the
poor
Greek
Church
,
and
one
of
the
Cardinals
Successors
(
as
he
proudly
intitles
himself
)
in
the
Office
of
Apostolical
Librarian
,
chancing
it
seems
to
light
upon
it
as
he
was
brushing
the
old
Manuscripts
in
the
Vatican
,
is
transported
with
joy
,
and
is
all
on
fire
to
oblige
holy
Church
with
the
publication
of
so
useful
a
Work
,
that
the
World
might
now
see
what
manner
of
Man
this
same
Justinian
was
,
who
treated
a
Bishop
so
rudely
as
he
did
the
good
Pope
Vigilius
,
and
not
only
so
,
but
he
has
helpt
out
the
original
Copy
in
his
Latin
Translation
,
and
what
Procopius
relates
only
as
a
flying
Report
,
he
makes
bold
to
set
down
as
a
known
and
certain
truth
.
And
among
many
other
strong
strains
of
disingenuity
,
he
has
been
so
injudicious
,
as
to
undertake
to
make
out
the
truth
of
this
Libel
by
Procopius
his
own
History
,
that
was
publisht
to
the
World
in
Justinian's
own
time
,
approved
of
by
himself
,
and
the
Author
advanced
for
it
to
the
highest
Preferments
in
the
Empire
.
Now
that
Man
that
will
seriously
go
about
to
prove
a
Panegyrick
to
be
a
Satyr
,
only
shews
that
he
is
a
little
too
much
in
good
earnest
▪
But
before
I
prove
the
false-hood
of
these
Slanders
,
it
will
be
convenient
to
shew
the
occasion
of
raising
them
,
and
that
was
the
great
heats
in
the
Controversie
about
the
tria
capitula
,
in
which
the
Emperor
created
to
himself
a
great
number
of
Enemies
by
his
zeal
and
resolution
on
that
side
that
he
unhappily
took
to
.
I
shall
therefore
first
set
down
the
progress
of
that
Story
,
that
was
the
only
false
step
of
his
Reign
,
but
so
unluckily
made
,
that
he
could
never
wholly
recover
himself
again
,
before
I
ingage
the
Librarian
and
his
supposed
Author
.
This
Emperor
then
having
appear'd
so
zealously
in
behalf
of
the
Orthodox
Faith
,
having
declared
so
severely
against
all
Hereticks
by
several
Edicts
,
and
particularly
publisht
a
Rescript
against
the
singularities
of
Origen
upon
complaint
of
the
Palestine
Monks
,
set
on
by
Pelagius
the
Popes
Legate
at
the
Court
of
Constantinople
,
in
spite
to
Theodorus
Bishop
of
Caesarea
his
Rival
in
Court-favor
,
but
a
great
Admirer
of
Origen
,
having
appointed
a
Conference
at
Constantinople
in
the
year
533
to
reconcile
the
Acephali
to
the
Church
and
the
Council
of
Calcedon
,
in
which
he
expresses
a
very
high
Passion
for
the
resettlement
of
Peace
and
Unity
.
Having
been
so
bold
as
to
consent
to
the
deposition
of
Anthimus
Bishop
of
Constantinople
and
the
Queens
Favourite
,
at
the
instigation
of
Pope
Agapetus
for
suspicion
of
the
Eutychian
Heresie
,
and
after
that
to
confirm
the
Decree
of
the
Council
under
Mennas
against
him
by
adding
Banishment
to
his
Deposition
.
And
being
now
upon
a
design
of
publishing
a
Rescript
against
the
Acephali
in
behalf
of
the
Council
of
Calcedon
,
upon
this
Theodorus
a
friend
to
Eutyches
as
well
as
Origen
,
Liberati
Brev.
c.
24.
Evag.
l.
4.
c.
38.
having
insinuated
himself
into
the
Court
by
the
Empress
,
and
being
endeared
to
the
Emperor
by
his
great
Officiousness
,
partly
to
be
revenged
of
Pelagius
for
the
Affront
to
his
Master
Origen
,
and
partly
to
divert
the
good
Emperor
from
his
Design
against
the
Acephali
,
craftily
perswades
him
that
he
might
spare
his
Pains
,
and
reconcile
them
to
the
Council
at
a
cheaper
rate
.
If
three
Offensive
things
were
taken
out
of
its
Acts
,
i.
e.
if
the
Writings
of
Theodorus
Mopsuestenus
Master
to
Nestorius
,
if
the
Epistle
of
Ibas
Bishop
of
Edessa
to
Maris
Persa
,
and
if
the
Book
of
Theodoret
against
Cyr●l's
Anathema's
might
be
condemn'd
of
Heresie
,
though
they
had
been
absolved
by
the
Council
.
The
Motion
was
plausible
to
the
Emperor
,
and
he
thought
it
a
very
easie
Method
to
reconcile
all
Parties
,
only
by
suppressing
the
Writings
of
two
or
three
private
Men
,
so
that
the
Authority
of
the
Decrees
of
the
Council
it self
stood
unshaken
as
before
;
for
though
the
Council
did
not
condemn
,
yet
it
did
not
commend
but
on●y
acquit
them
,
and
therefore
it
was
not
directly
concern'd
in
their
suppression
.
And
Theodorus
finding
that
by
this
Device
he
had
decoyed
the
Emperor
into
his
snare
,
that
he
might
secure
him
from
a
Relapse
,
prevails
with
him
in
the
absence
of
his
Rival
Pelagius
,
who
was
then
at
Rome
,
to
publish
an
Edict
of
Condemnation
by
his
own
Authority
,
but
drawn
up
,
as
Facundus
Hermianensis
tells
the
Emperor
,
not
by
himself
,
but
Theodorus
and
his
Accomplices
,
that
so
having
once
publickly
appear'd
in
the
Cause
,
that
would
be
an
obligation
upon
him
to
persevere
in
it
against
all
opposition
,
otherwise
he
understood
the
gentleness
of
his
Temper
so
well
,
that
when
he
saw
the
Mischiefs
and
Inconveniences
that
follow'd
upon
it
,
he
would
quit
the
Cause
,
and
leave
them
in
the
lurch
to
answer
for
their
Affront
to
the
Council
of
Calcedon
.
And
the
better
to
secure
themselves
,
the
Edict
was
as
craftily
composed
as
it
was
contrived
.
All
the
Councils
were
confirm'd
,
all
the
Heresies
of
all
denominations
condemn'd
,
only
in
the
tail
of
all
,
these
three
particular
Authors
were
apocryphised
.
And
that
the
good
Emperor's
design
was
meerly
Peace
and
Concord
,
is
very
observable
from
the
conclusion
of
all
.
Si
quis
igitur
post
ejusmodi
rectam
confessionem
,
et
haereticorum
condemnationem
,
salvo
manente
pio
intellectu
,
de
nominibus
,
vel
syllabis
,
vel
dictionibus
contendens
,
separat
se
à
sanctâ
Dei
Ecclesiâ
,
tanquam
non
in
rebus
,
sed
in
solis
nominibus
et
dictionibus
positâ
nobis
pietate
:
talis
utpote
dissensionibus
gaudens
,
rationem
pro
semetipso
,
et
pro
deceptis
et
decipiendis
ab
eo
reddet
magno
Deo
,
et
Salvatori
nostro
Jesu
Christo
in
die
Judicii
.
By
which
it
is
evident
that
the
Emperor
accepted
the
Model
,
after
the
security
and
settlement
of
the
Christian
Faith
against
all
sorts
of
Hereticks
,
as
the
only
remedy
expedient
at
that
time
against
contention
and
curiosity
,
without
any
design
against
the
Council
of
Calcedon
or
any
other
determinations
of
the
Church
,
but
on
the
contrary
rather
with
a
religious
and
intire
submission
to
their
Decrees
;
and
for
this
reason
it
is
approved
and
subscribed
,
though
not
without
reluctancy
,
by
all
the
four
Eastern
Patriarchs
,
and
most
eminent
Prelates
of
the
Eastern
Church
.
Whereas
on
the
other
side
the
Western
and
African
Bishops
concluded
it
a
direct
reflection
upon
the
Wisdom
and
Authority
of
the
Council
it self
,
to
condemn
those
Writings
of
Heresie
,
that
it
had
upon
a
fair
Trial
acquitted
.
And
thus
by
this
unhappy
Legerdemain
of
that
false
and
jugling
Man
Theodorus
,
under
which
the
Emperor
suspected
no
ill
Design
,
instead
of
finishing
the
settlement
of
the
Church
,
after
so
fair
a
progress
that
he
had
made
in
it
(
for
it
was
he
that
govern'd
and
manag'd
all
things
in
his
Unkle
Justin's
reign
)
he
brings
all
things
back
into
the
same
Tumult
and
Confusion
,
into
which
they
were
brought
by
the
Henoticon
.
It
was
but
a
slite
and
a
very
remote
breach
,
as
one
would
think
,
upon
the
Churches
Authority
,
yet
it
broke
down
all
Bounds
of
Discipline
and
Government
,
that
it
seems
is
a
thing
so
tender
,
that
it
can
endure
no
tampering
,
and
unless
it
be
made
sacred
and
inviolable
,
it
loses
all
its
force
:
And
so
this
great
Emperor
after
this
slite
Wound
,
in
a
matter
in
which
it
was
so
little
concern'd
,
could
scarce
make
it
up
again
by
the
Authority
of
a
General
Council
.
Though
I
must
confess
that
the
occasion
of
raising
the
Quarrel
so
high
was
the
turbulent
spirit
of
Pope
Vigilius
,
who
as
he
was
guilty
of
all
other
Wickedness
,
exceeded
in
Pride
,
as
appears
not
only
from
the
Historian
,
but
the
Sentence
of
Excommunication
against
him
by
Pope
Silverius
in
the
time
of
that
Popes
banishment
.
Liberati
brev.
c.
22.
Quippe
qui
nequissimi
spiritûs
audaciâ
,
ambitionis
phrenesin
concipiens
,
in
illius
Apostolici
Medici
,
cui
animas
ligandi
solvendique
collata
et
concessa
potestas
est
,
versaris
contumeliam
,
novumque
scelus
erroris
in
Apostolicâ
sede
rursus
niteris
inducere
;
et
in
morem
Simonis
,
cujus
discipulum
te
ostendis
operibus
,
datâ
pecuniâ
,
meque
repulso
,
qui
favente
Domino
,
tribus
jam
jugiter
emensis
temporibus
ei
praesideo
,
tempora
mea
niteris
invadere
.
That
by
the
instigation
of
the
Devil
being
mad
with
pride
he
rebell'd
against
St.
Peter
and
his
Authority
,
committing
a
new
and
unheard
of
sin
in
the
Apostolick
See
it self
,
and
following
the
example
of
Simon
Magus
,
whose
Disciple
he
shewed
himself
to
be
by
his
works
,
by
purchasing
my
Bishoprick
with
Mony
,
and
expelling
me
out
of
it
for
these
three
years
.
And
if
we
may
believe
the
angry
Africans
;
he
bought
the
Apostolick
See
of
the
Empress
Theodora
,
whose
Creature
he
was
,
and
procur'd
the
banishment
of
Pope
Silverius
by
forging
treasonable
Letters
to
the
Goths
in
his
name
,
and
when
Justinian
suspecting
some
Abuse
,
recall'd
him
home
,
this
wicked
Man
caused
him
to
be
murther'd
by
two
of
his
own
Servants
.
So
that
it
is
a
just
Character
that
is
given
of
him
by
Baronius
himself
.
Cedit
huic
Novati
Impietas
,
Pertinacia
Vrsicini
,
Laurentii
Praesumptio
,
ac
denique
aliorum
omnium
schismaticorum
Antistitum
superbia
,
artogantia
,
atque
facinerosa
temeritas
,
&c
▪
He
out-stript
Novatus
in
wickedness
,
Vrsicinus
in
stubbornness
,
Laurentius
in
impudence
,
and
all
Schismaticks
that
ever
were
,
in
pride
,
insolence
and
presumption
.
But
however
by
a
train
of
wickedness
mounting
himself
into
the
Apostolick
See
,
according
to
his
Simoniacal
Articles
with
Theodora
,
he
enters
into
league
with
the
Henotical
Bishops
,
sends
an
Encyclical
Letter
to
them
,
extant
in
Liberatus
,
to
assure
them
that
he
was
really
of
their
Communion
,
but
desires
that
it
may
be
kept
secret
,
and
that
they
would
seem
to
suspect
him
more
than
ever
,
that
he
might
have
the
better
opportunity
of
doing
effectual
service
to
the
Cause
.
This
is
the
substance
of
the
Letter
,
but
Baronius
and
the
Roman
Writers
suspect
it
to
have
been
forged
,
because
in
all
his
following
scuffles
about
the
tria
capitula
,
he
was
never
upbraided
with
it
.
But
what
wonder
is
that
,
when
the
thing
was
to
be
kept
secret
,
though
it
might
,
and
it
seems
did
come
to
the
knowledg
of
some
,
as
appears
by
Liberatus
,
an
Actor
in
the
business
,
who
procured
and
publisht
a
Copy
of
it
.
But
he
having
secured
possession
of
his
Throne
by
the
death
of
Silverius
,
he
now
writes
a
flattering
Epistle
to
the
Emperor
for
the
Council
of
Calcedon
,
damns
all
the
Hereticks
,
disclaims
all
correspondence
with
the
Acephali
,
assures
him
that
he
will
live
and
dye
by
the
Council
,
and
requests
him
not
to
believe
any
Information
whatsoever
against
him
to
the
contrary
.
But
after
all
he
is
so
crafty
,
as
to
send
his
main
Message
about
the
best
means
for
settlement
of
the
Church
by
word
of
Mouth
,
to
baulk
,
as
much
as
it
was
possible
,
the
full
discovery
of
himself
.
All
which
atheistical
hypocrisie
Baronius
takes
great
pains
to
impute
to
his
miraculous
Conversion
only
by
vertue
of
St.
Peter's
Chair
.
But
the
Emperor
having
publisht
his
Rescript
against
the
tria
capitula
,
and
finding
storms
gathering
upon
it
,
sends
to
Vigilius
who●e
private
sense
he
understood
,
to
repair
to
Constantinople
with
his
advice
,
and
thither
he
comes
,
being
ready
to
sieze
any
opportunity
to
shew
his
Power
,
but
instead
of
joining
in
free
Council
with
the
Bishops
,
in
effect
takes
the
whole
judgment
to
himself
.
Of
his
fraudulent
behavior
in
that
whole
transaction
Facundus
,
In
libello
ad●
.
M●cianum
.
who
was
an
Eye-witness
,
and
indeed
the
chief
Transactor
in
it
,
has
given
us
a
particular
account
,
viz.
That
when
he
dissembled
ignorance
of
the
whole
Controversie
,
and
Facundus
offerd
his
service
to
give
him
full
information
,
he
having
afore-hand
obliged
himself
by
promise
to
give
sentence
against
the
Capitula
,
and
designing
to
excuse
himself
with
pretence
of
Ignorance
,
shamelesly
refuses
the
proffer
,
cuts
off
all
farther
proceedings
,
and
desires
the
Bishops
that
sat
with
him
to
give
in
their
Answers
singly
in
writing
.
For
they
being
newly
come
to
Constantinople
to
consult
with
his
Holiness
,
and
being
not
pre-engaged
by
any
subscription
,
were
by
this
Artifice
over-reacht
to
give
in
their
Answer
against
the
Capitula
and
the
Council
.
And
to
prevent
their
drawing
back
,
they
are
obliged
to
do
it
,
not
by
Vote
,
but
by
Writing
.
And
when
he
had
received
their
several
Answers
,
away
he
carries
them
to
Court
,
and
there
delivers
them
into
the
hands
of
the
Acephali
to
be
laid
up
among
the
former
subscriptions
that
had
been
made
against
the
Council
.
And
that
he
might
not
be
thought
a
Traitor
by
his
own
Party
(
for
he
hitherto
pretended
to
side
with
the
Orthodox
)
he
pretends
that
he
would
not
keep
them
himself
,
lest
hereafter
there
should
be
found
in
the
Registry
of
the
Church
of
Rome
so
many
Subscriptions
against
the
Council
.
As
if
(
says
Facundus
)
he
could
not
as
well
have
torn
or
burnt
them
,
or
return'd
them
back
to
the
Authors
,
from
whom
he
ought
never
to
have
received
,
much
less
to
have
extorted
them
,
if
he
had
been
at
all
concern'd
that
nothing
should
be
done
in
prejudice
of
the
Council
.
And
thus
(
says
he
)
by
this
his
customary
dissimulation
,
counterfeiting
a
zeal
in
behalf
of
the
Council
,
he
effectually
promotes
the
designs
of
its
Enemies
.
And
what
could
do
it
more
than
that
70
Bishops
sitting
in
Council
with
the
great
Bishop
of
Rome
,
should
beside
those
many
more
that
had
before
subscribed
,
prejudg
the
Controversie
?
In
libello
ad
.
〈◊〉
.
hoc
enim
vel
si
approbandum
non
sit
,
ferendum
tamen
existimo
,
nec
tantam
esse
causam
judico
,
pro
quâ
deberemus
à
communione
multiplici
segregari
:
sed
quòd
ex
Personâ
Theodori
Epistolam
Ibae
Nestorianianam
probare
conati
sunt
,
&
quòd
ex
Epistolâ
Ibae
Synodum
Calcedonensem
,
à
quâ
suscepta
est
,
improbare
:
nam
quae
alia
causa
fuisse
dicenda
est
,
ut
post
centum
&
viginti
suae
defunctionis
annos
damnaretur
cum
dogmatibus
suis
Episcopus
in
Ecclesiae
pace
defunctus
.
I
confess
freely
to
your
Holiness
,
that
I
am
not
concern'd
about
the
Condemnation
of
Theodorus
,
for
though
it
be
not
to
be
approved
,
yet
it
may
be
born
,
neither
do
I
think
the
thing
of
that
weight
,
that
we
need
to
divide
Communion
about
it
,
but
because
from
a
Sentence
against
the
Person
of
Theodorus
,
they
endeavour
to
charge
the
Epistle
of
Ibas
with
Nestorianism
,
in
which
his
Writings
are
commended
,
and
then
from
the
Epistle
of
Ibas
to
strike
at
the
Council
it self
,
by
whom
it
was
allowed
;
for
what
other
Cause
can
be
imagined
of
all
this
stir
,
that
a
Bishop
who
died
in
the
Peace
of
the
Church●
,
shoud
be
brought
to
Judgment
above
one
Hundred
and
Twenty
Years
after
his
death
?
And
that
was
the
reason
that
the
Africans
were
so
resty
,
which
Vigilius
finding
,
and
withal
his
own
Clergy
offended
,
he
again
shrinks
back
,
and
in
a
Consult
with
Theodorus
and
Mennas
suspends
all
disputes
and
determinations
to
the
Summary
of
a
General
Council
,
which
they
were
certain
by
their
united
Interest
to
obtain
of
the
Emperor
.
But
this
continual
shufling
and
prevarication
provokes
the
adverse
Party
beyond
all
bounds
and
patience
,
and
they
now
unanimously
discard
him
for
a
man
of
no
faith
and
honesty
,
that
chopt
all
points
of
the
Compass
,
as
the
Weather-cock
stood
for
his
own
convenience
,
now
standing
point
blank
for
the
Council
,
then
veering
to
the
quite
contrary
point
for
the
Acephali
,
and
now
again
standing
neuter
,
and
wavering
between
both
.
But
all
this
trimming
and
counter-trimming
,
and
shifting
backward
and
forward
,
Constantinople
,
Rusticus
and
Sebastianus
,
were
so
offended
at
the
gross
dishonesty
of
his
Proceedings
,
as
to
renounce
him
and
his
Communion
,
and
to
certifie
his
Apostasy
and
Prevarication
to
all
the
Bishops
of
the
Western
Church
,
as
Vigilius
himself
has
left
it
upon
Record
in
his
Sentence
of
Excommunication
against
them
for
their
Rebellion
against
their
Bishops
.
But
it
is
much
less
to
be
admired
that
it
should
provoke
the
Choler
of
the
honest
Africans
,
that
were
not
used
to
the
Italian
Craft
:
and
that
is
a
clear
justification
of
the
tartness
of
Liberatus
,
Victor
Tunonensis
,
but
especially
Facundus
Hermianensis
,
the
wisest
man
of
the
Party
,
in
their
Writings
both
against
him
and
the
Cause
,
when
the
whole
Business
was
transacted
,
with
nothing
but
open
fraud
and
preva●ication
.
And
that
is
the
reason
often
assigned
by
Facundus
to
justifie
the
br●ach
of
Communion
with
Vigilius
and
his
Party
,
Quod
Praevaricatorum
communio
vitanda
sit
.
But
now
it
is
observable
,
that
at
this
time
the
Empress
Theod●ra
dies
,
that
had
managed
all
the
motions
of
this
Puppet-Pope
ever
since
his
coming
to
Court
.
I
am
not
ignorant
that
Gregory
the
Great
says
,
that
they
were
fallen
out
,
and
that
she
died
under
his
Sentence
of
Excommunication
;
But
here
Mennas
dyes
,
and
one
Eutychius
a
Monk
,
that
had
insinuated
himself
into
the
Court
by
great
shews
of
Mortification
,
succeeds
.
He
was
a
Man
,
that
of
all
things
defyed
all
ambitious
thoughts
and
designs
of
Preferment
,
and
yet
was
perpetually
dreaming
that
he
should
one
day
be
the
great
Bishop
of
Constantinople
,
and
by
vertue
of
his
own
real
dreams
,
and
one
pretended
by
the
Emperor
,
who
knew
him
to
be
zealous
in
his
Cause
,
and
withal
very
manageable
,
he
is
advanced
to
that
high
dignity
.
And
so
it
is
that
none
gallop
so
fast
to
Preferment
in
the
Church
,
as
those
that
creep
to
it
.
And
after
his
Instalment
the
first
thing
he
does
is
to
submit
himself
to
Vigilius
,
and
so
does
Apollinaris
of
Alexandria
upon
the
death
of
Zoilus
,
whose
Bishoprick
he
had
usurpt
,
and
thus
are
Hypocrites
and
ill-Men
always
on
the
right
side
.
But
Vigilius
finding
himself
Master
of
the
field
,
and
having
forced
all
his
Enemies
,
even
the
Emperor
himself
to
submit
,
is
resolved
to
shew
his
Autho●ity
.
And
in
the
first
place
he
contends
with
the
Emperor
about
the
place
of
the
Council
;
one
will
have
it
in
the
East
,
and
the
other
in
the
West
,
but
at
last
they
agree
upon
Constantinople
,
upon
condition
that
an
equal
number
of
Eastern
and
Western
Bishops
be
summon'd
.
But
before
the
Council
meets
the
Emperor
desires
the
Pope
to
give
his
own
Opinion
,
and
that
was
an
hard
task
to
put
him
upon
declaring
himself
,
and
therefore
he
desires
to
be
excused
,
but
the
Emperor
presses
so
importunately
upon
him
,
as
to
provoke
his
Choler
,
and
to
be
revenged
he
turns
cross-grain'd
,
and
so
affronts
his
tria
capitula
,
and
when
the
Council
meets
,
is
sick
and
sullen
,
refuses
to
join
with
them
,
and
no
Courtship
either
of
the
Council
or
the
Emperor
himself
can
draw
him
to
any
compliance
,
but
on
the
contrary
he
commands
the
Council
not
to
presume
to
determine
any
thing
,
till
he
had
declared
his
own
Judgment
.
And
that
he
does
at
large
in
an
Instrument
sent
to
the
Emperor
,
that
he
calls
his
Constitutum
,
in
which
though
he
condemns
and
confutes
the
Writings
themselves
,
yet
he
will
allow
no
sentence
against
the
Persons
,
because
they
dyed
in
the
Communion
of
the
Catholick
Church
,
and
had
been
absolved
by
the
Council
of
Calcedon
,
and
at
last
concludes
with
this
peremptory
threatning
.
His
igitur
à
nobis
cum
omni
undique
cautelà
atque
diligentiâ
propter
servandam
inviolabilem
reverentiam
praedictarum
Synodorum
et
earundem
venerabilia
constituta
dispositis
,
statuimus
et
decernimus
,
nulli
ad
ordines
et
dignitates
ecclesiasticas
pertinenti
licere
quicquam
contrarium
his
quae
praesenti
asseruimus
vel
statuimus
constituto
de
saepe
dictis
tribus
capitulis
aut
conscribere
,
vel
proferr
,
aut
componere
,
vel
docere
,
aut
aliquam
post
praesentem
definitionem
movere
ulteriùs
quaestionem
,
&c.
But
the
Council
regard
neither
him
nor
his
threatnings
,
and
so
condemn
the
tria
Capitula
,
and
to
expose
him
for
an
egregious
Prevaricator
,
publish
to
the
World
his
own
several
Declarations
against
them
.
Upon
which
Baronius
has
a
very
pleasant
observation
,
that
this
they
were
forced
to
,
because
they
knew
their
Decree
would
be
of
no
force
without
the
Authority
of
the
Pope
.
What
Inferences
will
not
Zeal
and
Partiality
make
,
when
they
produced
his
own
testimony
against
himself
,
to
convict
him
of
manifest
prevarication
,
to
conclude
that
this
was
done
out
of
dutiful
respect
to
his
Authority
,
by
which
,
if
they
had
regarded
it
,
they
stood
all
at
this
very
time
deposed
from
their
Holy
Orders
.
But
things
being
carried
so
disorderly
on
all
sides
,
the
Council
came
to
nothing
,
and
the
Emperor
after
he
had
once
made
a
breach
upon
the
Authority
of
the
Church
,
could
never
heal
it
again
,
for
the
Hereticks
instead
of
being
reconciled
,
made
advantage
of
it
against
the
Authority
of
the
Church
it self
(
as
Leontius
a
Writer
of
that
Age
informs
us
)
who
argued
thus
upon
it
,
De
Sect.
Act.
6.
aut
boni
scilicet
erant
aut
mali
,
si
boni
,
cur●anathematizatis
?
Si
mali
,
cur
à
Synodo
recepti
sunt
?
And
as
for
the
Catholicks
,
some
were
for
an
expedient
of
Peace
against
the
Authority
of
the
Council
,
and
others
for
the
Authority
of
the
Council
against
trimming
for
Peace
.
But
the
Emperor
having
proceeded
so
far
in
the
business
,
is
now
resolved
to
carry
it
through
his
own
way
,
and
all
that
will
not
comply
,
are
deposed
and
banisht
,
and
this
lights
chiefly
upon
the
Illyrican
and
African
Bishops
,
but
they
were
soon
reduced
by
the
Emperor's
severity
,
whereas
the
Bishops
in
the
Western
Empire
,
that
was
then
under
the
Franks
,
set
up
a
form'd
Schism
,
especially
in
the
Parts
about
Venice
and
Istria
,
that
lasted
for
many
years
,
and
cost
both
the
Church
and
the
Empire
a
long
train
of
trouble
and
vexation
.
But
as
for
Pope
Vigilius
when
he
saw
there
was
no
way
of
escape
but
by
compliance
,
though
he
loved
his
Will
too
much
,
yet
he
loved
his
Bishoprick
much
more
,
therefore
after
all
his
stubbornness
he
comes
in
,
and
fairly
subscribes
,
and
approves
the
Decree
of
the
Council
.
But
here
the
Roman
Writers
are
again
at
a
great
loss
to
salve
his
Reputation
,
but
I
think
it
would
be
more
for
their
own
to
let
him
alone
.
For
before
he
was
in
lawful
possession
of
St.
Peter's
Chair
they
own
him
to
have
been
a
Villain
,
and
withal
confess
that
he
got
into
it
by
Simony
,
Sacriledg
and
Murther
.
But
that
being
done
,
out
of
duty
and
gratitude
to
his
Patroness
Theodora
,
he
beats
down
the
Council
of
Calcedon
;
but
seeing
the
Emperor
resolute
in
his
Design
,
he
turns
a
fury
on
that
side
,
and
publishes
his
Judicatum
to
damn
the
tria
Capitula
,
and
then
in
a
little
time
suspends
his
own
Sentence
till
the
meeting
of
the
Council
;
when
the
Council
meets
he
contradicts
them
in
his
Constitutum
:
But
because
he
saw
the
Emperor
in
good
earnest
against
him
,
and
the
African
Bishops
beginning
to
scowr
out
of
their
Bishopricks
,
he
fairly
comes
in
and
renounces
the
Constitutum
,
yet
after
all
these
turns
of
prevarication
since
the
time
of
his
sitting
in
St.
Peter's
Chair
,
we
must
have
him
to
be
a
very
honest
Man
,
notwithstanding
that
he
all
the
while
stands
guilty
of
the
same
Impieties
that
he
did
before
.
In
my
Opinion
they
would
much
better
consult
the
honor
of
St.
Peter's
Chair
by
confessing
him
so
ill
a
Man
,
that
even
his
sitting
in
that
could
not
mend
him
,
or
rather
that
he
never
had
legal
Possession
of
it
,
but
was
all
his
life-time
a
meer
Usurper
,
for
by
the
Canons
a
Man
that
comes
into
a
Bishoprick
by
Simony
,
renders
himself
uncapable
of
it
forever
.
So
that
if
they
would
leave
him
under
his
own
disgrace
,
it
would
be
no
dishonor
to
St.
Peter's
Chair
,
but
when
they
are
at
such
mighty
pains
to
prove
that
it
was
not
defil●d
by
his
sitting
in
it
,
it
leaves
wise
Men
under
a
suspition
that
some
indecent
uncleanness
was
left
behind
.
But
however
the
discovery
of
his
last
Conversion
which
was
first
brought
to
light
by
Petrus
de
Marca
,
and
was
dated
within
six
Months
after
the
rising
of
the
Council
,
clears
that
great
and
enormous
difficulty
,
that
has
so
long
puzled
us
to
make
out
,
how
this
Council
should
be
so
received
in
the
Church
among
the
General
Councils
without
the
Popes
Authority
.
But
whether
the
Recantation
were
spurious
or
genuine
(
and
that
is
still
in
the
dark
)
it
will
not
salve
the
business
,
for
if
it
were
genuine
,
it
is
only
a
confession
of
his
old
Wickedness
,
and
that
he
was
managed
in
it
by
the
Devil
after
he
sat
in
St.
Peter's
Chair
,
but
what
the
real
Devil
was
,
that
tempted
him
,
is
too
evident
from
his
shifting
sides
,
as
his
Interest
lay
.
Though
the
greatest
demonstration
of
it
is
his
Plea
,
that
he
had
hitherto
erred
for
want
of
information
and
right
understanding
of
the
Controversie
:
whereas
it
is
too
notorious
from
the
whole
progress
of
it
,
that
no
Man
could
be
better
acquainted
with
it
than
himself
,
and
whoever
reads
his
Judicatum
upon
it
at
the
conference
at
his
first
coming
to
Constantinople
,
and
his
Constitutum
sent
to
the
Council
seven
years
after
,
will
never
of
all
Excuses
allow
that
of
ignorance
.
If
it
be
spurious
,
then
if
the
Apology
were
good
for
any
thing
,
't
is
lost
.
And
I
must
confess
it
seems
somewhat
incredible
to
me
,
that
so
publick
an
Instrument
concerning
so
great
an
Affair
should
be
altogether
unknown
to
his
immediate
Successors
,
that
were
so
deeply
ingaged
in
the
Controversie
against
the
Schismaticks
,
especially
Pelagius
the
second
and
Gregory
the
Great
,
who
never
produced
its
Authority
against
them
,
but
most
of
all
Gregory
,
who
transmitted
the
Acts
of
the
Council
to
Queen
Theodelinda
.
But
though
the
writing
be
forged
,
it
is
plain
enough
that
he
actually
complied
as
Eustathius
a
Cotemporary
Writer
affirms
in
the
life
of
Eutychius
,
and
Liberatus
broadly
suggests
,
when
he
says
that
Vigilius
suffer'd
much
in
the
Cause
,
though
he
were
not
crown'd
,
which
was
then
the
proper
Phrase
for
Apostasie
.
But
that
he
was
received
into
the
Emperor's
Favor
appears
from
the
Imperial
Grant
of
certain
Priviledges
to
the
Citizens
of
Rome
,
that
was
sent
by
Vigilius
to
endear
him
to
the
City
,
though
in
his
return
home
he
dyed
of
the
Stone
in
Sicily
,
and
is
succeeded
by
Pelagius
the
first
,
who
though
he
had
been
banisht
by
Justinian
whilst
he
was
Ap●crisiary
at
Constantinople
to
Vigilius
,
upon
account
of
his
zeal
in
defence
of
the
tria
Capitula
,
yet
before
he
is
admitted
to
the
Papacy
he
both
owns
the
Authority
of
the
Council
of
Calcedon
,
and
condemns
the
Capitula
,
and
after
incites
Narses
then
Governor
of
Italy
,
to
reduce
the
Schismaticks
of
Venice
and
Istria
by
the
Secular
Power
,
and
the
same
was
done
by
all
his
Successors
till
the
Schism
dyed
.
So
that
in
short
it
was
not
the
Pope
that
determin'd
the
Council
,
but
the
Council
that
determin'd
the
Pope
:
and
if
it
was
confirm'd
by
Vigilius
,
as
that
does
not
make
the
Council
good
,
so
it
is
only
another
proof
of
the
shuffling
dishonesty
of
the
Man
.
If
it
were
not
confirm'd
by
him
,
but
by
his
Successors
,
and
that
was
the
only
Plea
in
its
behalf
before
De
Marca's
discovery
,
Petrus
de
Marca
.
But
to
proceed
in
the
business
of
this
present
Council
,
all
Parties
concern'd
in
it
labor
to
clear
themselves
of
all
blame
,
and
lay
all
the
burthen
of
these
Disorders
upon
other
Mens
shoulders
,
but
though
it
may
seem
a
severe
,
yet
it
is
an
impartial
Judgment
,
that
they
were
all
too
faulty
.
As
for
the
Emperor
's
own
part
,
it
is
evident
that
the
publication
of
his
Imperial
Edict
was
an
illegal
act
,
because
against
the
Authority
of
a
Council
owned
by
himself
,
though
had
he
understood
it
so
,
he
would
never
have
done
it
,
but
he
was
perswaded
that
it
was
no
reflection
upon
the
Council
it self
,
because
it
was
no
contradiction
to
any
of
their
own
direct
Decrees
,
but
only
concern'd
the
Opinions
of
some
private
Persons
,
that
the
Council
thought
not
fit
to
condemn
at
that
time
,
though
seeing
what
use
the
Eutychians
made
of
it
,
he
supposed
it
now
useful
to
the
settlement
of
the
Church
without
any
Affront
to
the
Council
,
it
being
only
to
change
Counsels
with
change
of
Affairs
.
This
was
all
the
Emperor's
meaning
,
and
it
could
have
done
no
great
mischief
,
had
it
not
been
abused
by
the
craft
of
Theodorus
and
his
Acephali
,
who
perswaded
him
that
it
could
be
no
abatement
to
the
Authority
of
the
Council
,
and
yet
when
it
was
done
,
used
it
as
an
Argument
to
subvert
it
.
And
then
as
for
those
that
fought
so
furiously
as
the
Africans
did
for
the
honor
of
the
Council
against
the
tria
Capitula
,
though
the
honor
of
the
Council
was
remotely
concern●d
in
it
,
yet
because
it
was
not
so
apprehended
or
intended
by
the
Emperor
,
they
might
and
ought
in
duty
to
have
complyed
with
his
Royal
Pleasure
,
only
adding
a
Sa
vo
to
the
honor
of
the
Council
,
that
had
been
easily
granted
,
and
that
would
have
disappointed
the
craft
of
the
E●tychians
,
and
caught
them
in
a
snare
of
their
own
setting
,
and
they
must
either
have
own'd
the
Council
,
or
put
off
their
Vizard
.
So
that
which
side
soever
was
in
the
right
,
they
were
all
in
the
wrong
,
when
they
made
a
Schism
in
the
Church
about
it
,
for
the
thing
was
not
Tanti
in
it self
as
to
warrant
the
breach
of
Catholick
Communion
.
Though
at
last
the
bottom
of
all
these
unhappy
Quarrels
was
founded
in
St.
Cyril's
over-doing
Anathema's
against
Nestorianism
,
that
yet
he
endeavour'd
to
impose
upon
the
Catholick
Church
,
as
so
many
Articles
of
Faith
:
Which
because
Theodoret
and
Ibas
supposed
to
be
too
hard
an
Imposition
,
the
Eutychians
took
advantage
of
,
to
represent
them
as
Favourers
of
the
Nestorian
Heresie
,
though
it
is
plain
from
the
tenour
of
all
their
Writings
,
that
they
were
as
little
guilty
of
that
as
Cyril
himself
,
but
were
cautious
of
spoiling
the
Cause
by
too
much
niceness
of
Speculation
,
and
thought
it
sufficient
to
condemn
the
Heresie
it self
,
without
imposing
his
private
Anathema's
as
necessary
Conditions
of
Peace
and
Articles
of
Christian
Faith
upon
the
Catholick
Church
.
And
this
was
,
if
we
pursue
it
to
its
head
,
the
true
Case
of
the
tria
Capitula
,
and
St.
Cyril
was
so
well
convinced
of
it
at
last
,
that
he
let
fall
his
Anathema's
,
Facundus
Herm.
l.
6.
c.
5.
In
Historiâ
secuil
6
ti
dissert.
4.
and
allowed
the
Epistle
of
Ibas
that
condemn'd
them
of
rashness
.
Natalis
Alexander
has
written
a
long
dissertation
to
prove
that
the
tria
capitula
were
justly
condemn'd
,
but
I
find
very
light
weight
in
the
Arguments
.
For
as
for
Theodorus
and
the
several
Fragments
alledged
out
of
him
by
Marius
Mercator
and
the
Council
it self
,
I
can
discern
no
designed
Nestorianism
in
them
,
and
at
worst
they
seem
no
worse
than
unwary
Expressions
before
the
starting
of
the
Controversie
in
his
zeal
against
the
Heresie
of
Apollinaris
,
and
so
he
is
excused
by
St.
Cyril
himself
in
his
Epistle
to
John
of
Antioch
.
And
as
for
the
sixty
Capitula
collected
by
Vigilius
out
of
his
Writings
and
charged
with
blasphemy
in
his
Constitutum
,
it
is
plain
that
he
draws
blood
of
his
Premises
to
wring
out
his
Conclusion
.
And
in
real
truth
Church-men
were
by
this
time
(
as
Baronius
himself
complains
in
this
very
case
)
grown
too
nice
and
speculative
in
Matters
of
Faith
,
and
were
not
content
with
the
simplicity
of
the
old
Tradition
,
but
were
every
day
starting
new
Points
of
subtilty
,
in
so
much
that
it
was
a
very
difficult
thing
for
a
Man
to
express
himself
so
warily
,
as
to
avoid
the
exceptions
of
one
or
other
Party
.
And
this
Facundus
Hermianensis
insists
upon
,
beside
his
vindication
of
particular
Passages
from
their
perverse
Glosses
through
his
whole
third
Book
,
which
this
late
learned
Author
either
ought
to
have
answer'd
,
or
to
have
let
the
Argument
alone
,
As
for
that
part
o●
the
Argument
against
Theodorus
that
he
was
put
out
of
the
Dypticks
of
his
own
Church
,
I
answer
that
it
is
certain
that
he
was
kept
in
all
Theodoret's
time
,
i.
e.
to
the
year
457.
but
when
he
was
put
out
and
by
whom
is
uncertain
,
Dissert.
de
5
tâ
Sy●odo
c.
6.
and
it
is
very
probably
conjectur'd
by
the
learned
Jesuite
Garnerius
,
that
it
was
done
by
Petrus
Fullo
and
the
Eutychians
in
the
Reigns
of
Basiliscus
or
Zeno
,
when
all
things
were
in
confusion
,
and
the
Eutychians
under
the
Conduct
of
Fullo
committed
whatever
Disorders
they
pleased
,
and
then
it
was
that
they
might
with
ease
suppress
the
old
Dypticks
,
and
in
their
room
coin
new
ones
,
and
so
put
out
Theodorus
,
that
they
accused
of
Nestorianism
,
and
put
in
Cyril
,
whom
the
Eutychians
boasted
to
be
Head
and
Father
of
their
Party
.
The
only
proof
against
Theodoret
is
taken
from
his
Writings
and
Actings
against
St.
Cyril
in
opposing
his
12
Anathema's
:
But
this
,
as
I
have
shewen
above
,
is
founded
upon
meer
mistake
,
as
if
his
Zeal
in
the
case
had
been
ingaged
in
behalf
of
the
Nestorian
Heresie
,
whereas
it
was
only
levell'd
against
the
Bigotry
of
Cyril
in
imposing
his
own
nice
Propositions
upon
the
Catholick
Church
.
And
when
Cyril
recall'd
them
or
rather
let
them
fall
,
they
were
friends
,
and
Theodoret
was
as
ready
to
anathematise
the
Nestorian
Heresie
,
as
himself
ever
was
in
the
greatest
heat
or
huff
of
the
Controversie
.
And
the
case
of
Ibas
was
the
same
,
nothing
but
his
zeal
against
the
rigor
of
Cyril's
Anathema's
,
as
is
evident
from
the
whole
Tenor
of
the
Epistle
it self
.
And
therefore
in
the
Result
of
all
,
I
cannot
but
think
that
this
packt
Council
(
and
so
it
was
)
would
have
done
better
to
have
let
these
Men
lie
quiet
in
their
Graves
,
when
they
had
been
Canonically
discharged
upon
fair
Trial
by
the
great
Council
of
Calcedon
,
though
they
had
been
guilty
of
those
mis-prisions
of
Heresie
,
for
which
their
Ashes
were
now
arraign'd
and
condemn'd
.
But
yet
when
a
needless
Decree
was
made
against
them
,
I
cannot
but
think
too
that
the
dissenting
Bishops
would
have
been
much
better
advised
to
let
it
pass
,
rather
than
to
have
raised
a
Schism
in
the
Church
about
it
.
And
so
,
as
far
as
we
can
find
by
the
Records
of
the
Church
,
the
Illyricans
and
Africans
did
in
a
short
time
,
though
the
Schismaticks
in
the
Western
Church
kept
up
the
separation
with
great
zeal
and
fury
into
after-ages
:
And
thus
having
given
a
true
and
impartial
account
of
this
Transaction
of
Justinian
,
that
created
him
so
many
enemies
both
in
his
own
time
,
and
afterward
as
long
as
the
unhappy
Schism
lasted
,
I
now
come
to
a
particular
Examination
of
the
several
Accusations
against
him
by
the
supposed
Procopius
,
but
real
Alemannus
.
And
when
I
have
vindicated
this
greatest
of
Princes
from
their
unmannerly
slanders
,
it
will
be
time
to
put
a
Conclusion
to
this
work
,
and
to
end
it
with
his
life
,
because
with
it
ends
the
Body
of
the
Imperial
Law
.
§
.
XXIV
.
And
though
this
may
at
first
sight
seem
to
be
no
more
then
a
private
Controversie
concerning
the
reputation
of
one
man
,
that
has
been
dead
above
this
1200
years
,
and
so
at
best
but
an
entertainment
of
curiosity
rather
then
any
useful
enquiry
for
the
benefit
of
our
own
Age
:
Yet
granting
it
were
so
,
it
is
a
duty
that
all
men
owe
to
those
great
Persons
that
in
their
times
were
Benefactors
to
the
World
,
Fathers
and
Patrons
to
all
Posterity
,
leaving
them
a
better
World
then
themselves
found
,
to
preserve
their
Monuments
from
dust
,
but
much
more
from
dirt
,
not
only
to
honour
their
names
,
but
vindicate
their
honours
from
all
unworthy
aspersions
.
And
if
any
man
may
challenge
this
respect
,
it
is
Justinians
right
,
who
as
will
appear
by
his
Story
,
was
as
great
,
not
to
say
a
greater
(
only
to
avoid
envy
)
a
Benefactor
to
Mankind
,
as
any
Prince
in
the
whole
Succession
.
He
delivered
Christendom
from
the
Incursions
of
the
Barbarians
,
and
when
he
found
it
not
so
properly
invaded
as
besieged
and
in
a
great
measure
possest
by
them
,
he
not
only
subdued
them
all
to
the
Empire
,
but
which
was
a
much
greater
work
,
to
Civility
and
the
Christian
Faith
,
and
by
that
means
he
left
the
Peace
of
the
World
much
better
secured
,
and
its
manners
much
more
improved
then
they
were
before
.
His
next
Improvement
of
the
Creation
were
his
numberless
and
prodigious
Buildings
,
by
which
he
lest
the
World
more
habitable
then
he
found
it
:
neither
do
I
speak
meerly
of
that
vast
number
of
great
Cities
that
he
built
,
but
of
his
great
care
to
make
Commerce
easie
and
pleasant
,
and
remove
the
difficulties
of
travelling
,
by
building
Bridges
,
making
High-ways
,
founding
Publick-houses
for
the
reception
of
Strangers
in
all
convenient
places
;
in
these
kind
of
works
he
was
so
munificent
in
all
places
,
that
he
might
not
improperly
be
stiled
the
Founder
of
the
Roman
Empire
,
that
as
it
were
turned
those
vast
Dominions
into
one
City
.
A
Third
Benefit
to
Posterity
is
his
excellent
Body
of
Laws
and
Rules
of
Government
gathered
out
of
the
Records
of
that
wise
State
for
about
1300
Years
.
A
work
so
glorious
in
it self
that
it
had
been
often
attempted
by
the
greatest
men
,
V.
Guineti
Justinianus
Magnus
cap.
3.
not
only
those
of
the
more
ancient
Common-wealth
,
but
of
the
most
polite
and
emproved
Age
,
it
entertain'd
the
ambitious
thoughts
both
of
Caesar
and
Cicero
.
But
in
vain
,
so
great
a
work
was
preserved
for
the
glory
of
Justinian
,
and
though
if
we
consider
the
remote
Antiquity
of
the
Laws
,
the
seeming
inconsistency
among
themselves
,
and
the
immense
bulk
of
Books
and
Records
in
so
long
a
Tract
of
time
,
the
undertaking
must
have
seem'd
an
impossible
thing
to
any
other
man
,
yet
he
pursued
it
with
that
diligence
as
to
bring
the
greatest
work
that
was
ever
undertaken
,
to
perfection
in
a
little
time
.
Now
for
all
these
good
Deeds
that
he
has
done
to
all
Posterity
,
I
think
no
man
,
that
pretends
to
any
thing
of
gratitude
or
ingenuity
,
can
excuse
himself
from
the
obligation
of
doing
honour
,
but
much
more
right
to
his
Memory
.
But
beside
all
this
his
Cause
is
become
the
Controversie
of
all
Christendom
,
because
the
Power
that
he
challenged
and
exercised
in
the
Christian
Church
,
for
which
he
is
so
much
condemned
by
the
Court
of
Rome
,
is
one
of
the
inseparable
Branches
of
Soveraignty
,
and
was
always
challenged
by
all
Christian
Emperors
,
so
that
if
the
Princes
of
Christendom
should
suffer
themselves
to
be
stript
of
it
,
they
are
thereby
outed
of
one
half
of
their
Empire
.
And
the
true
rise
of
the
Court
of
Romes
displeasure
against
him
,
was
not
upon
the
account
of
any
of
his
own
Actions
,
but
a
late
Contest
;
viz.
The
Famous
Quarrel
between
Paul
the
5th
and
the
State
of
Venice
(
as
Eusebius
has
very
well
observed
)
about
these
three
Articles
;
Praesat
.
n.
50.
-
(
1.
)
The
Power
of
the
Civil
Magistrate
to
judge
the
Clergy
in
Criminal
Causes
.
-
(
2.
)
The
Decree
of
the
Senate
to
prohibit
the
erecting
of
new
Churches
or
Religious
Houses
without
the
Consent
of
the
State
.
-
(
3.
)
Their
Statute
of
Mortmain
against
settling
Lands
upon
the
Church
without
the
same
Consent
.
How
high
this
Quarrel
run
is
vulgarly
known
;
but
it
was
so
managed
by
the
Learned
Men
that
appeared
in
behalf
of
the
Senate
as
to
refer
its
whole
decision
to
the
Justinian
Law
,
whereas
the
Pope
on
the
contrary
challenged
a
Superiority
over
all
Laws
,
and
would
submit
to
no
Rule
but
his
own
Authority
.
Now
the
reason
why
the
Venetian
Advocates
insisted
so
stubbornly
upon
the
Justinian
Code
,
was
not
only
for
the
advantage
of
those
several
Precedents
,
that
we
have
seen
above
to
warrant
the
proceedings
of
the
State
in
the
several
matters
of
the
present
Controversie
;
but
chiefly
because
the
Code
of
the
Canons
of
the
Universal
Church
were
taken
into
the
Justinian
Code
and
made
part
of
the
Imperial
Law
;
and
if
they
could
but
bring
the
Pope
any
way
under
the
Canons
,
that
would
carry
their
Cause
,
for
it
not
only
proved
in
behalf
of
the
State
,
that
the
power
of
prohibiting
Ecclesiastical
Laws
to
be
imposed
upon
their
Subjects
without
their
Consent
,
was
a
right
challenged
by
all
Christian
Princes
,
but
own'd
by
the
Church
in
the
General
Councils
,
it
being
the
known
Custom
of
the
Fathers
to
send
their
Decrees
to
their
Imperial
Majesties
for
Approbation
,
before
they
presumed
(
to
publish
them
)
to
the
World
or
impose
them
upon
the
Church
.
This
is
the
Argument
insisted
upon
by
Jacobus
Leschasserius
a
Learned
Civilian
at
Paris
in
his
Apology
in
behalf
of
the
Senate
,
who
recommends
the
Justinian
Code
as
the
Bull-wark
of
the
Liberties
of
Christendom
.
And
this
little
Treatise
first
gave
the
hint
to
Christophorus
Justellus
,
to
publish
the
Code
of
the
Canons
of
the
Universal
Church
.
Now
when
the
Court
of
Rome
had
for
so
many
Ages
been
used
to
an
absolute
and
unlimited
Authority
,
it
could
not
but
gawl
and
fret
their
proud
Spirits
,
to
hear
of
being
brought
into
subjection
to
Imperial
Laws
,
and
for
that
reason
they
set
themselves
with
all
the
Arts
of
Malice
to
beat
down
the
Credit
and
Reputation
of
the
Justinian
Code
,
till
at
length
from
his
Laws
they
proceeded
to
vent
their
Revenge
upon
his
Person
:
and
that
was
the
thing
that
gave
so
much
joy
and
transport
to
Alemannus
his
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
:
that
now
the
World
might
see
what
kind
of
man
this
Justinian
was
,
who
was
so
prophane
as
to
take
upon
him
a
power
of
medling
with
Sacred
Things
,
and
controuling
Popes
themselves
.
But
the
indignity
of
so
base
a
design
soon
provoked
Learned
Men
to
expose
it
to
the
World
with
that
scorn
,
that
it
deserved
.
The
first
that
appeared
in
the
Cause
(
that
I
know
of
)
was
a
Learned
Man
of
our
own
Nation
in
the
Year
1626
,
viz.
Dr.
Rive
Advocate
to
his
late
Majesty
,
a
Gentleman
equally
eminent
both
for
Learning
and
Loyalty
,
in
a
little
,
but
a
very
ingenious
Treatise
upon
the
Argument
,
Entituled
Imperatoris
Justiniani
desensio
adversus
Alemannum
.
The
Book
,
which
is
great
pity
,
is
hard
to
be
procured
,
neither
indeed
had
the
Learned
Author
the
advantage
of
some
considerable
Records
,
that
are
now
brought
to
light
,
and
though
he
was
a
Learned
Man
not
only
in
his
own
Profession
,
but
all
other
Polite
Learning
,
yet
I
find
that
he
was
not
so
well
acquainted
with
the
Records
of
the
Church
,
as
to
be
able
to
state
that
matter
aright
.
And
therefore
he
is
altogether
mistaken
in
that
part
of
his
defence
,
especially
as
to
the
Controversie
of
the
tria
Capitula
,
but
he
followed
the
common
opinion
as
it
was
stated
by
the
Romanists
against
the
Africans
,
as
I
think
all
Writers
have
done
to
this
very
day
.
But
otherwise
he
has
with
great
eloquence
and
strength
of
reason
cleared
the
reputation
of
this
great
Prince
from
all
their
dull
and
dirty
aspersions
,
and
Convicted
the
whole
design
of
willful
Malice
and
apparent
Forgery
.
In
the
same
undertaking
he
is
followed
〈◊〉
Eichelius
▪
Professor
at
Heltusted
in
Franconia
,
in
the
Year
1654
,
who
has
after
the
German
Fashion
of
writing
for
Marts
improved
the
little
Treatise
into
a
great
Book
,
by
transcribing
those
Quotations
at
length
,
which
the
other
only
referred
to
.
And
though
both
the
substance
and
the
wit
of
his
Book
are
too
grosly
borrowed
,
and
that
sometimes
in
the
very
same
words
,
without
owning
his
Author
,
yet
he
was
a
Learned
man
,
and
has
added
a
great
many
useful
Remarks
of
History
from
his
own
observation
,
has
prosecuted
the
design
more
at
large
,
and
demonstrated
the
disingenuity
of
the
Procopian
Author
from
these
11
Topicks
.
-
(
1.
)
That
he
writes
many
things
impossible
in
themselves
.
-
(
2.
)
Many
things
contradicted
by
Co-Temperary
Writers
.
-
(
3.
)
By
himself
.
-
(
4.
)
That
what
he
vehemently
commends
in
his
other
Writings
,
he
here
as
vehemently
inveighs
against
.
-
(
5.
)
That
what
came
to
pass
by
chance
or
by
other
mens
default
,
he
imputes
to
Justinian
.
-
(
6.
)
That
he
blames
many
commendable
Actions
.
-
(
7.
)
That
he
praises
what
he
ought
to
blame
.
-
(
8.
)
That
he
exaggerates
things
indifferent
to
the
disadvantage
of
Justinian
.
-
(
9.
)
That
he
wrests
many
of
Justinians
bravest
Actions
to
an
ill
sense
.
-
(
10.
)
That
he
picks
up
all
trifling
Reports
of
the
Vulgar
against
him
.
-
(
11.
)
That
he
writes
divers
things
of
great
moment
,
that
are
no
where
attested
by
any
Co-Temporary
Writers
.
All
which
are
,
I
think
,
sufficient
to
over-whelm
the
Reputation
of
any
Writer
,
and
yet
they
are
all
so
visible
through
the
whole
Vein
of
this
Libel
,
as
to
expose
themselves
to
every
mans
view
without
searching
for
them
.
But
though
this
Author
has
quitted
himself
in
the
Historical
Part
of
his
Book
,
as
became
a
Learned
Man
,
yet
he
being
an
Erastian
by
principle
,
he
has
all
along
failed
in
his
observations
upon
Matter
of
Fact
,
proceeding
every
where
in
that
Fundamental
mistake
about
Justinian
,
as
if
he
had
pretended
to
give
not
only
his
Ratification
but
the
first
Validity
to
the
Laws
of
the
Church
.
And
therefore
though
I
shall
gratefully
accept
and
acknowledge
any
assistance
,
that
th●se
Learned
Men
have
given
me
,
I
shall
be
forced
to
make
my
own
observations
,
especially
as
to
those
things
that
concern
Religion
,
in
which
they
are
both
mistaken
.
And
as
for
the
Historical
Part
,
I
shall
not
trouble
my self
or
the
Reader
with
any
later
Writers
as
they
have
done
,
such
as
Zonaras
,
Nicephorus
,
Cedrenus
,
&c.
but
shall
meerly
relye
upon
Co-temporaries
,
or
such
as
lived
upon
the
next
Confines
of
the
Age
,
that
they
write
of
;
as
I
have
carefully
done
through
this
whole
History
.
And
such
are
in
the
Age
that
we
are
now
treating
of
,
Procopius
himself
,
Agathius
,
Marcellinus
Comes
,
Facundus
Hermianensis
,
Liberatus
Diaconus
,
Cassiodorus
,
Jornandes
,
Victor
Tunonensis
,
Gregorius
Turonensis
,
Evagrius
Scholasticus
under
Mauritius
,
and
the
Chronicon
Alexandrinum
under
Heraclius
.
And
from
them
,
though
the
greatest
part
of
them
were
either
enemies
or
disobliged
Persons
,
I
doubt
not
but
to
shew
the
falshood
of
the
Libel
it self
and
the
Malice
of
its
Abettors
.
In
the
first
place
we
have
all
the
reason
in
the
World
to
reject
the
Book
it self
as
a
spurious
Pamphlet
dishonestly
fathered
upon
Procopius
,
when
we
find
it
never
so
much
as
mention'd
by
any
of
the
Ancients
,
or
by
any
Writer
whatsoever
for
many
Ages
after
his
own
time
.
And
yet
it
is
next
to
impossible
but
that
they
must
have
taken
notice
of
a
work
of
such
a
peculiar
stre●n
,
if
it
had
been
extant
in
their
time
,
especially
when
his
other
Writings
were
so
well
known
in
his
own
and
all
following
Ages
.
Evagrius
who
writ
in
the
same
Age
,
though
some
time
after
,
viz.
under
Mauritius
,
commends
his
other
Histories
without
any
mention
of
this
Agathias
Scholasticus
that
both
Epitomised
,
and
continued
his
History
,
and
Johannes
Scholasticus
,
that
writ
not
long
after
the
death
of
Justinian
knew
nothing
of
this
work
,
though
both
were
so
well
acquainted
with
his
other
Writings
.
Photius
that
diligent
and
judicious
Critick
gives
an
high
Character
of
his
other
works
,
but
is
utterly
silent
about
this
.
In
short
the
first
Author
that
makes
any
mention
of
it
,
is
that
crude
and
injudicious
Rhapsodist
Suidas
who
lived
not
till
the
11th
Century
,
500
Years
after
Procopius
,
but
he
comes
too
late
,
not
being
vouch't
by
any
more
Ancient
Testimony
,
and
then
his
own
can
be
of
no
Cred●t
,
especially
considering
the
humour
of
the
man
,
who
was
a
meer
Collector
without
choice
or
judgment
,
setting
down
whatsoever
came
to
his
hands
without
examining
into
the
truth
of
the
Record
,
so
that
it
seems
this
Libel
being
forged
before
his
time
he
imbraces
it
,
contrary
to
the
fundamental
Law
of
the
Criticks
without
any
ancient
Testimony
to
certifie
its
legitimacy
.
Alemannus
pleads
that
the
reason
why
it
was
so
long
unknown
,
was
because
Procopius
was
forced
to
suppress
it
for
the
security
of
his
own
life
.
That
might
be
a
good
reason
for
Procopius
his
own
time
,
but
certainly
not
for
the
long
interval
of
so
many
Ages
,
as
from
the
sixth
Century
to
the
eleventh
.
And
to
give
any
credit
to
a
Book
,
that
never
appear'd
once
in
the
World
till
500
years
after
the
death
of
its
pretended
Author
,
is
a
Civility
that
the
Criticks
would
never
allow
in
any
Case
,
neither
do
I
know
it
ever
challenged
unless
in
this
.
I
know
indeed
Books
may
have
been
buried
five
hundred
or
a
thousand
years
,
but
then
they
have
always
had
some
ancient
Testimonies
that
there
were
once
such
Books
written
by
such
Authors
,
and
upon
no
other
terms
were
they
ever
received
,
and
this
was
the
case
of
St.
Clement's
Epistle
.
But
however
this
Vatican
Plea
for
suppressing
▪
Procopius
his
Book
for
his
own
safety
may
be
consistent
with
it self
,
I
am
sure
it
is
very
inconsistent
with
the
pretence
that
he
has
undertaken
to
make
good
,
viz.
that
it
may
be
all
proved
out
of
Procopius
his
other
Writings
,
in
which
he
tells
many
more
and
many
worse
Stories
than
in
this
little
Epitome
:
And
yet
they
were
not
only
seen
but
approved
by
the
Emperor
himself
.
But
if
so
,
he
ought
either
to
have
suppress't
all
or
none
,
and
not
to
have
publisht
the
sharper
Invective
to
gain
the
Emperor's
favor
,
and
keep
back
the
milder
to
avoid
his
displeasure
.
These
are
pretty
consistent
Dreams
,
that
could
never
have
come
into
any
Man's
head
,
but
in
a
Vatican
Nap.
But
beside
the
want
of
sufficient
Certificates
to
warrant
the
reception
of
the
Book
,
the
thing
is
so
very
unlikely
in
it self
,
that
Procopius
should
write
so
dirty
a
Libel
both
against
Justinian
and
Belizarius
,
that
it
would
require
very
strong
proof
only
to
make
it
a
thing
credible
.
For
when
he
had
through
his
whole
life
been
so
infinitely
obliged
by
both
;
when
he
had
been
raised
by
Justinian
from
a
low
Condition
to
the
highest
Preferments
in
the
Empire
;
when
he
had
ever
kept
the
most
entire
and
intimate
friendship
with
Belizarius
;
and
lastly
when
he
made
it
the
great
work
of
his
life
,
both
before
and
after
the
writing
of
this
Book
to
consecrate
their
Fames
,
and
conveigh
down
the
glory
of
their
Actions
to
all
future
Ages
,
who
can
easily
suffer
himself
to
believe
that
the
same
Man
should
endeavor
to
spoil
all
this
by
a
railing
Lampoon
?
Though
whenever
or
by
whomsoever
it
was
forged
,
it
is
no
wonder
that
it
was
laid
to
Procopius
,
according
to
the
custom
of
all
Lampoons
,
to
fasten
them
upon
Authors
,
that
of
all
Men
living
were
most
unlikely
to
write
them
.
To
these
we
may
add
some
other
unlucky
Objections
suggested
by
Alemannus
himself
in
his
Preface
.
As
that
the
Glory
of
Justinian's
Actions
is
so
bright
in
it self
,
as
to
be
able
to
out-shine
all
detraction
.
For
what
Man
can
believe
that
he
ruin'd
the
Roman
Empire
,
that
recover'd
so
many
Cities
,
Provinces
and
Kingdoms
to
it
,
that
conquer'd
so
many
barbarous
Nations
,
and
plainly
recover'd
the
Empire
,
that
had
been
almost
lost
and
tottering
for
many
years
,
to
its
full
force
and
Power
?
One
would
think
that
the
Man
who
makes
the
Objection
,
should
be
concern'd
to
rid
himself
some
way
or
other
of
it
,
and
yet
he
fairly
dismisses
it
with
all
Civility
,
because
(
he
says
)
it
is
at
this
time
a
thing
only
existing
in
History
An
admirable
Vatican
reason
this
!
but
so
it
is
,
whenever
Men
are
over-seen
and
eager
in
their
pursuit
of
Revenge
,
that
they
always
leave
their
Sense
and
Understanding
behind
them
.
And
whereas
some
Men
conclude
Procopius
to
be
Father
of
the
Bastard
,
from
the
likeness
of
its
features
to
his
other
Books
,
I
should
from
the
same
argument
draw
the
contrary
conclusion
.
For
though
it
is
no
hard
matter
for
any
Man
to
imitate
or
rather
steal
another
Man's
stile
as
to
forms
and
schemes
of
Speech
,
by
making
it
familiar
to
himself
with
constant
reading
.
Yet
the
Spirit
and
the
Genius
of
an
Author
is
a
thing
very
rarely
imitable
,
and
that
too
plainly
discovers
it self
in
this
counterfeit
Procopius
;
for
if
we
compare
the
Anecdota
with
his
other
Books
,
and
observe
what
perspicuity
and
neatness
of
Method
,
what
gravity
,
what
candor
,
what
ingenuous
freedom
runs
through
all
his
other
Writings
:
And
on
the
contrary
in
what
confusion
and
indigested
heaps
things
are
laid
together
in
this
Libel
,
with
what
silliness
and
malice
,
with
what
buffoonry
and
affected
rudeness
the
whole
work
is
contrived
,
it
seems
to
me
impossible
that
they
should
both
be
the
Off-spring
of
the
same
Man
.
And
therefore
it
is
but
a
true
and
a
sharp
censure
,
that
is
given
of
it
by
Balthasar
Bonifacius
in
his
Epistle
to
Molinus
.
In
summâ
sic
statuo
esse
in
hâc
,
cujuscunque
illa
sit
Auctoris
,
rhyparographiâ
,
loquentiae
satis
,
licentiae
nimis
,
insolentiae
plus
nimio
,
multum
livoris
,
plus
odii
,
plurimum
inscitiae
,
pa
um
ordinis
,
minus
facundiae
,
minimum
judicii
,
nihil
memoriae
,
minus
nihilo
sinceritatis
.
In
fine
,
my
Opinion
is
,
that
in
this
rhapsody
,
whosesoever
it
is
,
is
to
be
found
babble
enough
,
rudeness
too
much
,
arrogance
more
than
enough
,
much
spite
,
more
hatred
,
but
most
ignorance
,
little
order
,
less
eloquence
,
least
judgment
,
nothing
of
memory
,
but
less
than
nothing
of
honesty
.
From
all
which
enormous
defects
,
it
is
but
reasonable
to
conclude
with
him
,
that
the
true
Procopius
so
eminent
for
all
the
contrary
perfections
could
never
be
the
Author
of
the
Libel
.
And
indeed
the
folly
of
the
design
makes
it
no
less
incredible
than
the
meanness
of
the
performance
,
for
if
Procopius
upon
some
affront
at
Court
resolved
to
revenge
himself
by
this
Libel
,
yet
to
own
it
and
publish
it
to
the
World
in
his
own
name
,
was
a
ranker
piece
of
spite
against
himself
,
than
against
his
Royal
Master
;
for
it
not
only
blasts
the
Credit
of
all
his
other
Writings
,
but
it
leaves
himself
a
base
and
unworthy
Parasite
upon
Record
,
who
spent
all
his
Wit
and
Life
,
in
magnifying
the
Vertues
of
a
Man
,
whom
himself
knew
to
exceed
all
Mankind
in
the
studious
practice
of
all
wickedness
:
For
that
is
the
Burthen
of
the
Libel
.
Neither
is
it
to
be
less
suspected
from
the
time
in
which
it
pretends
to
have
been
brought
forth
,
viz.
in
the
32
year
of
the
reign
of
Justinian
,
as
the
Author
often
declares
,
whereas
Procopius
his
Books
de
aedificiis
that
are
all
panegyrick
and
abound
with
quite
contrary
Characters
,
were
not
written
till
the
36
th
year
.
Now
is
it
not
very
credible
that
when
Procopius
was
fall'n
out
so
bitterly
with
his
great
Patron
after
all
the
Obligations
in
the
World
,
as
he
is
in
this
Libel
,
he
should
afterwards
be
transported
into
so
much
kindness
as
he
expresses
in
those
books
,
without
blasting
and
retracting
his
own
slanders
.
Or
if
we
can
reconcile
the
possibility
of
the
thing
,
yet
however
the
books
de
aedificiis
are
an
unanswerable
confutation
of
the
anecdota
,
and
not
only
convict
the
characters
of
Malice
,
but
the
Matters
of
Fact
of
false
hood
.
So
that
granting
Procopius
to
be
the
true
Father
,
I
will
prove
him
guilty
of
rank
falshhood
through
the
whole
tale
both
from
his
own
Writings
before
and
after
,
from
the
testimony
of
his
co-temporaries
,
but
most
of
all
from
the
nature
and
the
circumstances
of
the
Actions
themselves
.
And
as
for
the
Librarians
spiteful
endeavors
to
improve
the
malice
of
the
Libel
,
I
shall
discover
so
much
baseness
in
the
Attempt
,
as
to
leave
him
under
that
disgrace
that
is
due
to
such
ill-natur'd
Pedants
,
that
will
be
gnawing
at
the
Reputations
of
great
Men.
And
to
this
purpose
I
shall
reduce
this
confused
heap
of
Calumnies
to
certain
heads
as
the
most
easie
way
of
confuting
them
,
for
whilst
they
lye
confused
together
they
are
not
so
easily
discern'd
or
exposed
,
but
when
parted
,
like
false
Witness
,
every
Lye
betrays
it self
.
§
.
XXV
.
The
first
crime
that
he
lays
to
the
Emperor's
Charge
,
is
the
worst
that
a
Sovereign
Prince
can
be
guilty
of
,
and
that
is
cruelty
,
which
the
Author
of
the
Libel
aggravates
in
every
Page
,
at
that
extravagant
rate
,
as
if
he
had
out-done
all
the
Tyrants
that
ever
were
,
of
Maltretus
Edition
.
in
blood
and
slaughter
.
For
he
was
the
Author
of
so
many
and
so
great
Calamities
to
the
Romans
,
as
exceeded
all
the
Miseries
of
all
former
Ages
,
he
made
nothing
of
siezing
other
Mens
Estates
,
he
broke
out
into
numberless
slaughters
,
so
that
he
counted
it
a
trifle
to
destroy
innumerable
Multitudes
of
innocent
Persons
.
The
great
devouring
Plague
that
I
described
in
my
former
Books
,
and
that
reign'd
through
almost
all
parts
of
the
habitable
.
World
,
spared
as
many
as
it
destroyed
.
But
no
Man
escaped
Justinian's
cruelty
,
who
was
sent
as
a
Plague
from
Heaven
to
sweep
all
away
.
Some
he
was
so
kind
as
to
destroy
,
but
others
he
granted
their
lives
,
to
suffer
all
the
miseries
of
want
and
poverty
,
making
them
much
more
miserable
than
the
others
,
when
they
would
be
content
to
be
deliver'd
from
the
Evils
that
they
endured
by
any
the
most
exquisite
Tortures
.
Neither
did
he
think
it
enough
to
destroy
the
whole
Roman
Empire
,
but
he
endeavour'd
to
master
Africk
and
Italy
,
that
he
might
throw
those
Nations
together
with
the
Provinces
subject
to
himself
into
one
common
ruin
.
And
again
.
Justinian
and
Theodora
seem●d
to
me
and
all
oth●rs
of
the
Senatorian
Order
,
not
of
the
race
of
Mankind
,
but
the
worst
breed
of
Devils
,
and
the
very
Plagues
of
Humane
kind
,
that
consulted
together
how
they
might
destroy
the
Universe
with
most
expedition
,
and
for
that
reason
assumed
Humane
shapes
,
being
as
it
were
half-Man
,
half
Devil
,
and
so
over-turn'd
the
whole
World
.
And
this
may
be
proved
by
the
great
enormity
of
their
Wickedness
,
in
which
these
Devils
infinitely
out-stript
all
the
villainy
that
Mankind
is
capable
of
acting
.
For
thô
there
have
been
divers
Tyrants
in
former
Ages
,
that
were
cruel
beyond
all
bounds
of
Barbarity
,
that
dispeopled
whole
Cities
,
Provinces
and
Kingdoms
,
yet
these
were
the
first
that
utterly
destroyed
the
Race
of
Mankind
,
and
laid
wast
the
universal
World
.
And
once
more
(
not
to
be
too
tedious
,
this
Story
of
mowing
down
the
Inhabitants
of
the
whole
World
,
being
the
Subject
of
every
Page
)
That
Justinian
was
in
reality
no
Man
,
A
very
fair
reckoning
this
,
were
the
particulars
well
cast
up
,
for
by
the
summ
total
one
could
expect
to
hear
of
no
less
than
the
old
Pranks
of
Caligula
,
Nero
and
Commodus
,
of
Phalaris
his
ten
thousand
bulls
,
and
Pharaohs
ten
millions
of
Brick-Kills
,
of
the
out-rages
of
the
thirty
Tyrants
,
and
the
fury
of
the
ten
persecutions
:
of
firing
the
City
,
assassinating
the
Senate
,
putting
whole
Provinces
to
the
Sword
?
but
what
do
I
speak
of
all
these
trifles
of
Cruelty
,
if
compared
to
the
destruction
of
the
whole
habitable
World
?
for
that
is
the
Chorus
to
all
our
Tragedies
,
that
he
did
not
only
cut
the
throats
of
all
the
Inhabitants
of
the
Roman
Empire
,
but
buried
the
whole
World
in
one
common
ruin
.
What
not
one
Man
left
alive
?
the
whole
Race
at
once
destroyed
?
How
then
came
the
face
of
the
Earth
to
be
peopled
again
?
by
Deucalion's
Stones
,
or
Cadmus's
Teeth
?
Oh
no
,
says
Alemannus
,
these
are
only
certain
Schemes
of
Speech
,
that
the
learned
call
hyperbolical
Expressions
.
It
may
be
so
,
but
we
,
that
are
unlearned
,
cannot
distinguish
them
from
impudent
Lies
and
Impossibilities
.
For
if
every
Man
living
were
not
destroyed
,
then
the
tale
,
as
it
is
told
,
is
all
fable
,
but
if
the
destruction
were
universal
,
then
the
question
returns
how
the
Earth
ever
came
to
be
re-inhabited
,
without
those
Absurdities
that
we
commonly
call
poetical
Hyperboles
.
But
not
to
be
too
severe
upon
the
licence
of
Lampoons
,
we
will
grant
that
possibly
the
Hydra
or
the
Dragon
might
spare
some
few
alive
;
but
in
compensation
let
us
compute
how
many
millions
of
his
Subjects
he
devoured
at
every
meal
.
Where
lay
the
Cities
?
where
the
Provinces
?
where
the
Nations
,
that
he
so
universally
dispeopled
?
How
great
a
part
of
the
Empire
he
recover'd
,
we
know
from
his
Wars
with
the
Goths
and
Vandals
in
Italy
and
Africk
,
but
that
he
ever
destroyed
any
one
Province
,
is
news
to
this
very
day
.
How
many
stately
Cities
he
built
is
recorded
by
Procopius
,
but
if
he
ever
reduced
either
any
of
them
or
any
other
to
Ashes
,
he
would
have
done
well
to
have
told
us
in
his
own
defence
,
if
he
could
but
have
alledged
any
one
Example
.
What
strange
way
of
writing
history
is
this
to
tell
us
of
such
vast
numbers
of
Cities
,
Provinces
and
Nations
destroyed
,
without
specifying
but
one
Village
?
But
though
he
might
not
mow
down
whole
Cities
and
Provinces
at
a
stroak
,
yet
he
might
commit
such
vast
numbers
of
out-rages
at
divers
times
and
in
divers
places
,
as
might
amount
to
the
two
hundred
and
ten
millions
of
lives
.
That
may
be
,
but
as
vast
as
the
Empire
was
,
I
doubt
it
would
scarce
afford
pasture
enough
for
so
great
a
Butchery
.
But
if
it
would
,
I
would
only
know
where
,
when
and
by
whom
these
vast
Oceans
of
blood
were
shed
.
He
reign'd
39
years
by
himself
,
and
govern'd
nine
years
more
under
his
Unkle
Justin
,
in
all
which
time
if
we
inquire
of
our
Libeller
the
Catalogue
of
his
Executions
,
Why
,
to
be
short
,
Amantius
and
Vitalvanus
were
put
to
death
.
They
were
so
,
but
what
are
two
Men
above
two
hundred
millions
of
Men
!
This
is
the
priviledg
of
hyperbolical
Historians
.
But
seeing
this
is
all
our
Martyrology
,
let
us
inquire
into
the
merits
of
the
Cause
,
for
it
is
that
,
they
say
,
and
not
the
suffering
that
makes
the
Martyr
,
and
by
that
we
shall
easily
discern
that
these
unheard
of
Cruelties
were
so
far
from
that
,
that
they
were
not
only
necessary
Acts
of
Government
,
but
of
common
Justice
too
.
Amantius
had
been
the
Author
of
all
the
Severities
against
the
Catholicks
under
Anastasius
,
insomuch
that
at
the
Coronation
of
the
Emperor
Justin
the
People
cryed
out
for
his
blood
.
But
that
was
not
the
cause
of
his
death
,
Evag.
l.
4.
c.
2.
so
was
it
an
Action
necessary
to
the
preservation
of
the
Government
it self
.
But
as
the
Author
of
the
Libel
tells
the
Story
,
he
discovers
himself
to
be
no
true
Procopius
;
for
first
he
says
that
Amantius
was
put
to
death
by
Justinian
,
whereas
he
was
immediately
executed
by
Justin
at
his
first
coming
to
the
Crown
,
as
appears
not
only
from
all
the
co-temporary
Historians
,
Marcellinus
Comes
,
Jornandes
,
Evagrius
,
Victor
Tunonensis
,
but
from
the
matter
of
Fact
it self
,
he
being
taken
off
for
setting
up
Theocritus
for
the
title
of
the
Crown
against
Justin.
But
when
he
farther
adds
the
Cause
of
his
death
,
he
utterly
betrays
the
Imposture
of
the
whole
Libel
,
viz.
that
he
had
been
too
saucy
in
his
language
to
John
Bishop
of
Constantinople
,
whereas
there
was
no
such
Bishop
of
that
name
in
all
the
long
Reign
of
Justinian
,
till
the
last
year
of
his
life
.
But
here
for
a
Reconciler
commend
me
to
the
Apostolical
Librarian
,
Johannes
Scholasticus
Cappadox
,
though
Cappadox
was
dead
near
50
years
before
Scholasticus
was
consecrated
,
and
four
Bishops
of
other
Names
were
ranged
in
the
Dypticks
between
them
,
Epiphanius
,
Anthimus
,
Mennas
and
Eutychius
.
And
yet
the
learned
Librarian
is
so
strangely
or
rather
so
wilfully
ignorant
,
as
to
make
that
the
grand
Article
against
Justinian
,
that
he
was
the
Man
,
who
first
granted
the
Title
of
Oe●umenical
Bishop
to
this
Joannes
Scholasticus
Cappadox
,
and
this
he
affirms
not
only
without
any
Testimony
from
Records
,
but
against
the
most
obvious
and
known
story
of
those
times
;
by
which
it
is
evident
that
this
Title
was
first
challenged
and
granted
to
another
Johannes
surnamed
Jejunator
or
John
the
mortified
under
Mauritius
.
But
however
when
it
is
certain
not
only
from
Record
,
but
from
matter
of
Fact
it self
that
Amantius
was
put
to
death
,
for
endeavoring
to
depose
the
Emperor
,
if
Procopius
himself
imputed
it
to
a
little
foul
Language
,
it
argued
great
malice
,
but
if
it
were
done
by
any
other
counterfeit
Author
,
it
argues
great
ignorance
in
the
Affairs
of
those
Times
.
And
indeed
the
Author
has
every
where
betrayed
so
much
of
that
,
as
plainly
discovers
himself
to
be
no
true
Procopius
.
And
such
is
his
story
in
his
6
th
Chapter
of
Justin's
being
analphabetus
,
void
of
all
Learning
,
not
able
to
write
his
own
name
,
which
he
proves
from
the
invention
of
the
Printing
Plate
with
his
name
in
it
,
that
he
stampt
upon
all
his
Commissions
,
because
he
could
not
write
.
This
is
all
the
Authority
for
this
wild
Story
,
and
we
never
hear
any
thing
of
it
,
till
Suidas
transcribed
it
hence
,
and
yet
it
is
strange
that
none
of
the
Historians
of
that
Time
,
should
ever
take
notice
of
a
thing
so
very
strange
in
the
Empire
,
had
it
been
true
.
But
however
this
story
of
the
printing
Plate
is
a
very
unlucky
discovery
of
the
asses
ears
under
Procopius
his
skin
,
when
it
is
so
well
known
,
that
it
was
the
custom
of
all
the
Roman
Emperors
,
to
stamp
their
names
to
their
Commissions
for
expedition
.
And
this
Alemannus
himself
confesses
was
the
ancient
usage
,
and
describes
the
forms
of
it
out
of
Pluta●ch
and
Ausonius
,
and
shews
that
it
was
used
by
Justinian
himself
▪
though
it
was
in
after-times
disused
by
the
Grecian
●mperors
.
Now
for
any
Man
to
go
about
to
prove
that
Justin
could
not
write
his
own
Name
,
because
he
had
it
engraven
on
a
printing
Plate
,
when
all
other
Emperors
used
the
same
Instrument
,
it
clearly
demonstrates
his
ignorance
of
the
Customs
of
those
times
,
and
proves
him
some
unlearned
Greek
,
that
lived
after
the
disusage
of
that
Custom
in
that
Empire
.
And
as
for
Justin's
acting
so
little
,
and
Justinian's
acting
so
much
in
the
publick
Affairs
,
Procopius
himself
in
his
first
Book
de
Bello
Vandalico
,
imputes
it
to
no
other
cause
then
his
extreme
old
age
,
and
not
to
any
want
either
of
natural
Parts
or
ingenuous
Education
,
as
this
malicious
and
ignorant
Libeller
has
done
,
who
sticks
not
to
call
him
a
fool
and
a
blockhead
.
And
it
was
no
doubt
a
sign
of
his
being
so
,
when
he
raised
himself
from
so
low
a
fortune
into
the
Imperial
Throne
,
and
when
he
was
in
it
,
govern'd
so
well
,
as
we
have
seen
in
the
History
of
his
Reign
.
But
here
again
commend
me
to
the
Ingenuity
of
Alemannus
,
that
cites
the
very
passage
in
the
Book
de
bello
Vandalico
,
which
imputes
Justin's
inability
for
business
to
nothing
but
his
extreme
old
Age
,
to
confirm
this
passage
that
lays
it
wholly
upon
his
natural
incapacity
and
blockishness
.
But
having
convicted
this
story
of
the
Murder
of
Amantius
for
an
unmannerly
word
,
of
extreme
malice
and
ignorance
,
let
us
now
examine
the
other
hundred
Millions
of
instance
in
the
death
of
Vitalian
,
and
there
we
shall
find
as
strong
streins
of
the
same
malice
and
ignorance
as
in
the
Amantian
Fable
.
For
first
he
is
so
miserably
inform'd
as
to
place
this
transaction
immediately
after
the
death
of
Amantius
,
whereas
he
was
for
a
good
time
one
of
the
greatest
Favourites
of
the
Emperor
Justin
,
and
kept
up
an
intimate
Friendship
with
Justinian
,
and
joyn'd
with
him
in
transacting
that
great
Business
of
uniting
the
Eastern
and
Western
Churches
with
Pope
Hormisdas
,
as
appears
by
Justinian's
Epistles
to
that
Pope
;
and
therefore
the
death
of
Vitalian
did
not
follow
the
Execution
of
Amantius
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
a
short
time
after
,
as
if
it
were
the
next
Action
,
as
this
Author
expresses
it
,
for
it
was
not
done
till
the
third
year
of
Justin's
Reign
,
and
for
that
reason
Evagrius
when
he
tells
this
Story
immediately
after
that
of
Amantius
,
he
adds
,
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
but
this
was
done
afterwards
:
by
which
it
is
evident
that
this
Author
was
utterly
ignorant
of
the
right
order
of
the
Transactions
of
that
time
.
But
the
true
Story
of
Vitalian
is
this
,
That
he
had
often
stein'd
himself
with
Rebellion
against
his
Master
Anastasius
,
and
had
caused
the
slaughter
of
many
Thousands
of
Citizens
for
his
own
Ambition
,
but
the
Emperor
was
at
last
too
hard
for
him
,
so
that
whil'st
he
reign'd
the
Rebel
lived
in
Exile
,
[
*
](A56397-e49990-b)
*
Marcel
.
Com.
Chronicon
.
but
was
restored
by
Justin
,
taken
into
great
favour
,
advanced
to
great
honour
,
first
made
Master
of
the
Militia
and
afterward
Consul
,
but
he
seising
all
opportunities
of
encouraging
Faction
and
Sedition
,
and
heading
the
Tumults
of
the
Scythian
Monks
at
Constantinople
,
he
perish't
some
way
or
other
in
the
Attempt
,
but
the
manner
of
his
death
is
not
certainly
known
;
Marcellinus
Comes
only
says
,
that
he
was
stabb'd
within
the
Palace
with
sixteen
wounds
,
Evagrius
says
from
Zacharias
the
Eutychian
,
that
he
was
trapan'd
by
Justin
and
Justinian
,
and
if
it
were
so
,
yet
that
Partial
Historian
against
those
Emperors
has
set
down
two
very
good
reasons
to
justifie
it
,
first
that
it
was
to
cure
his
insatiable
Thirst
after
the
Crown
,
which
they
saw
nothing
but
his
own
Blood
could
quench
,
and
secondly
,
to
punish
him
for
all
that
Train
of
Mischief
and
Treason
,
that
he
had
practised
against
the
Roman
Empire
.
But
Victor
Tunensis
both
a
co-temporary
and
a
disobliged
Writer
▪
●●ing
one
of
those
African
Bishops
that
were
banished
for
their
Zeal
against
the
Tria
Capitula
,
only
says
that
it
was
reported
that
his
Throat
was
cut
within
the
Palace
,
by
the
Faction
of
Justinian
;
so
that
it
seems
he
could
get
no
certain
knowledge
of
it
,
whether
it
were
done
by
the
Emperors
command
,
or
by
a
Tumult
of
the
Guards
,
and
that
is
most
likely
;
for
Souldiers
of
Loyal
Principles
are
never
wont
to
forgive
(
as
indeed
they
never
ought
)
revolting
Rebels
.
But
which
way
soever
it
was
brought
about
,
it
was
a
just
Execution
of
one
of
the
vilest
men
living
,
that
had
often
embroiled
the
Empire
in
bloody
Wars
,
that
had
called
in
the
barbarous
People
to
invade
it
,
that
had
besieged
Constantinople
it self
,
and
had
utterly
destroyed
it
,
had
not
Proclus
fired
his
Fleet
,
as
Archimedes
did
that
of
Marcellus
,
with
burning
Glasses
.
These
two
just
and
unavoidable
Executions
,
are
the
only
too
bloody
Actions
by
which
this
Prince
outstript
the
cruelty
of
all
the
Tyrants
that
ever
were
in
any
Age
or
Nation
,
and
destroyed
more
People
then
an
Universal
Plague
,
not
only
cutting
the
Throats
of
all
the
Inhabitants
of
the
Roman
Empire
,
but
dispeopling
the
whole
Creation
.
§
.
XXVI
.
But
what
were
there
no
Acts
of
Mercy
in
his
Reign
?
nay
what
if
there
were
nothing
but
Acts
of
Mercy
?
what
if
no
other
Reign
can
vie
Acts
of
Clemency
with
it
?
And
for
the
issue
of
that
Challenge
I
will
farther
Challenge
both
the
Libeller
and
the
Librarian
to
find
any
one
Offender
in
all
his
Reign
,
that
did
not
meet
with
more
mercy
then
justice
,
or
to
find
me
in
all
Records
from
the
beginning
of
Mankind
so
many
instances
of
a
great
and
generous
Nature
in
any
one
Prince
.
With
what
barbarity
were
his
Confederates
assassinated
,
and
with
what
fury
was
his
own
Empire
beset
,
by
Gilimer
King
of
the
Vandals
,
and
Vitigis
King
of
the
Goths
,
yet
when
by
the
Event
of
War
,
they
were
made
his
Prisoners
,
with
what
Prince-like
respect
did
he
treat
them
?
Instead
of
any
revengeful
usage
they
enjoyed
the
Wealth
and
State
of
Princes
;
Vit
gis
chose
to
continue
at
Court
,
Gilimer
had
the
grant
of
vast
Revenues
for
himself
and
his
Relations
in
Gaul
,
and
was
courted
to
accept
of
the
dignity
of
a
Patriarchate
,
but
rendred
himself
uncapable
of
it
,
by
refusing
to
quit
the
Arian
Heresie
.
Johannes
Cappadox
,
a
man
that
Justinian
had
obliged
above
all
men
,
having
made
him
both
Patriarchate
,
Consul
,
and
P●efect
of
the
City
,
in
which
last
Office
the
Empire
being
ensured
to
him
by
the
Magicians
,
he
is
foolishly
drawn
in
to
conspire
the
death
and
destruction
of
the
Emperor
,
and
is
undenyably
Convicted
of
it
,
De
Bello
Persico
,
lib.
1.
c.
25.
yet
after
all
this
discovery
this
wicked
man
(
and
Procopius
gives
a
blacker
Character
of
him
then
of
any
man
in
his
whole
History
)
is
so
far
from
being
put
to
death
,
that
he
is
only
put
into
a
Monastery
,
and
that
with
such
vast
wealth
,
and
so
many
advantages
of
life
,
that
as
Procopius
observes
,
if
he
had
been
endowed
with
Wit
enough
to
estimate
his
happiness
by
the
measures
of
Reason
,
not
of
Ambition
,
he
would
have
valued
his
Misfortune
,
as
the
most
happy
thing
that
ever
befel
him
.
But
now
to
compare
the
truth
and
the
ingenuity
of
the
open
and
the
secret
Histories
concerning
this
unhappy
man
,
by
the
first
it
is
proved
that
he
was
guilty
of
all
manner
of
wickedness
and
oppression
,
an
Atheist
and
a
Villain
,
that
designed
the
Crown
for
his
own
Head
by
the
Murther
of
his
Royal
Master
,
and
that
certainly
is
enough
to
put
any
Subject
out
of
all
capacity
of
mercy
.
And
yet
in
the
Anecdota
his
fall
is
imputed
meerly
to
Theodora's
Revenge
,
for
endeavouring
to
alienate
the
Emperors
Affections
from
her
.
And
if
it
were
so
,
that
was
so
ill
an
Office
,
that
(
if
any
thing
could
)
would
warrant
the
lawfulness
of
it
.
But
whether
there
were
,
or
were
not
any
thing
of
Pique
in
the
Case
,
it
is
certain
that
he
had
discovered
his
Ambition
to
supplant
his
Master
,
and
if
after
that
the
Empress
by
slite
over-reach't
him
,
whatever
private
design
she
might
have
in
it
,
it
was
in
it self
an
eminent
act
of
duty
.
And
by
this
we
may
judg
both
of
the
Wisdom
and
the
Petulancy
of
this
Libeller
,
when
he
snarles
at
an
Action
so
commendable
in
it self
,
and
so
commended
by
Procopius
himself
in
his
relation
of
it
.
In
short
,
when
Procopius
had
painted
this
Man
in
such
black
Characters
,
in
common
discretion
he
ought
not
,
he
could
not
have
made
his
Prosecution
a
Crime
;
for
setting
aside
the
Empresses
disgust
,
by
Procopius
his
own
report
from
the
deposition
of
the
Witnesses
,
he
deserved
death
for
his
Treason
,
and
then
after
that
,
what
ever
motives
she
might
have
to
prosecute
,
no
Man
could
have
any
just
ground
to
blame
the
Prosecution
.
And
yet
after
all
the
good
Emperor
spared
the
Traitors
blood
,
and
only
condemn'd
him
to
say
his
Prayers
,
and
sue
out
his
pardon
in
Heaven
,
as
he
in
great
mercy
had
granted
it
here
on
earth
.
But
so
blind
was
the
importunity
of
the
Man
,
that
he
rusht
into
farther
Disorders
,
till
he
was
at
last
turn'd
loose
to
beg
Bread
and
Farthings
,
which
story
was
in
the
Legend
Age
of
Christianity
fastned
I
know
not
by
whom
upon
the
great
Belizarius
.
But
now
considering
the
heinousness
of
this
unhappy
Man's
Offences
,
Theodora
and
Antonina
,
who
entrapt
him
,
as
great
Furies
as
they
are
represented
for
it
by
the
Libel
,
are
not
less
to
be
commended
for
their
honesty
in
the
design
,
then
the
dexerity
of
their
Wit
in
its
management
.
Neither
upon
the
whole
Matter
do
I
find
them
to
have
been
such
instruments
of
Cruelty
,
as
they
are
made
not
only
by
this
Libel
,
but
the
common
vogue
.
It
is
evident
that
they
were
Ladies
of
great
Art
and
Subtilty
,
that
had
great
power
over
their
Husbands
,
and
by
that
means
great
share
in
the
Government
,
in
which
as
they
had
opportunity
of
doing
many
other
good
Offices
,
so
the
discovery
of
this
Traitor
was
none
of
the
least
.
And
as
for
Theodora
,
how
black
soever
she
is
painted
in
this
Libel
,
I
cannot
find
but
that
she
bears
a
very
fair
Character
in
all
other
Writers
both
for
Wisdom
,
Piety
and
Charity
.
Procopius
himself
gives
an
high
commendation
of
her
Wisdom
in
his
first
Book
de
bello
Persico
:
de
Aedificiis
reckons
up
many
of
her
foundations
for
pious
and
charitable
Uses
,
especially
that
of
destroying
the
publick
Stews
▪
and
building
and
endowing
religious
Houses
for
the
maintenance
of
lewd
People
taken
out
of
them
,
there
to
repent
of
the
Wickedness
of
their
former
lives
,
and
sequester
themselves
to
Prayer
and
Devotion
.
And
as
for
her
good-nature
he
has
left
this
Character
of
it
upon
Record
,
De
Bello
Gothico
,
l.
3.
c.
31.
that
it
was
in
her
temper
to
relieve
and
protect
the
oppressed
,
and
therefore
she
forced
Artabanes
,
a
great
favourite
with
the
Emperor
,
to
receive
his
injured
Wife
,
a
piece
of
Justice
that
laid
the
foundation
of
a
Conspiracy
against
the
Emperor's
life
,
as
we
shall
see
afterward
.
And
as
much
as
that
Age
abounded
with
Writers
,
none
of
them
have
left
any
ill
character
or
ill
story
of
her
upon
Record
,
unless
in
the
point
of
Religion
,
that
she
favour'd
the
Acephali
and
the
Eutychians
.
So
that
whereas
this
Libel
reports
that
she
was
at
first
a
Player
,
a
common
Strumpet
,
the
most
infamous
Prostitute
of
the
City
,
't
is
as
probably
true
as
the
other
tale
of
her
being
a
Witch
,
and
having
carnal
copulation
with
the
Devil
.
And
it
is
very
likely
that
so
wise
a
Prince
should
take
a
Woman
of
such
publick
infamy
into
his
Bed
and
his
Bosom
,
but
if
he
did
,
it
is
much
more
so
,
that
when
the
thing
was
so
universally
known
in
the
whole
Empire
,
and
out
of
it
too
,
(
for
such
Reports
stop
no
where
)
that
yet
not
any
the
least
footsteps
of
it
should
appear
in
any
Writer
either
of
the
same
or
the
adjoyning
Ages
.
There
were
at
that
time
several
Historians
,
that
lived
out
of
the
Dominions
of
Justinian
,
as
Jornandes
,
Cassiodorus
,
Paulus
Diaconus
,
who
might
have
spoke
out
with
freedom
and
without
danger
,
and
yet
they
are
altogether
silent
.
There
were
many
angry
and
disobliged
Writers
,
as
all
the
Africans
,
who
suffer'd
in
the
Cause
of
the
tria
capitula
,
and
their
African
Blood
would
have
been
tempted
at
least
to
make
some
remote
Reflections
upon
a
thing
so
foul
and
foolish
.
Evagrius
did
not
write
till
the
Justinian
Family
was
extinct
,
and
it
is
too
evident
,
for
what
reason
I
know
not
,
unless
it
be
that
he
followed
an
Eutychian
Historian
,
that
he
had
no
kindness
for
it
,
and
yet
he
knows
nothing
of
the
matter
.
Now
that
a
thing
of
so
strange
a
nature
,
of
so
great
concernment
,
so
known
,
so
publick
in
all
parts
of
the
World
should
never
be
so
much
as
mention'd
or
intimated
in
such
a
great
variety
of
Writers
,
it
must
require
a
very
greedy
Faith
to
swallow
it
.
But
Alemannus
,
as
his
custom
is
,
vouches
the
story
out
of
Almoin
a
French
historian
,
that
lived
not
till
near
three
hundred
years
after
the
death
of
Justinian
,
and
accordingly
he
gives
such
a
false
and
fabulous
account
of
the
whole
reign
,
as
only
proves
his
barbarous
ignorance
of
all
the
transactions
of
that
time
.
As
for
the
treatment
of
Pope
Silverius
,
it
was
foul
enough
,
but
as
far
as
the
Empress
was
concern'd
in
the
Plot
,
I
cannot
see
,
that
she
was
farther
chargeable
with
any
thing
than
the
Eutychian
or
rather
Acephalan
Heresie
.
She
was
a
Patroness
of
the
Party
,
and
as
most
Women
are
,
zealous
to
advance
her
own
Sect
,
and
that
no
doubt
made
her
willing
to
be
rid
of
Pope
Silverius
,
who
would
not
be
wrought
to
any
compliance
with
her
or
condescension
to
her
Faction
.
But
as
for
the
forging
of
Letters
in
his
Name
to
the
Goths
,
if
there
were
any
truth
in
the
story
,
it
was
none
of
her
Action
,
Rome
being
the
Scene
of
it
,
whereas
she
always
resided
at
Constantinople
.
But
for
my
own
part
I
care
not
to
be
too
credulous
in
the
Reports
of
those
times
,
when
Men
were
so
factious
and
partial
in
their
Relations
.
Though
that
such
Letters
there
were
either
true
or
counterfeit
't
is
certain
,
but
whether
,
uncertain
.
The
Africans
affirm
that
they
were
forged
,
and
that
is
easily
said
,
when
Men
are
wrangling
for
a
baffled
Party
,
but
upon
what
ground
they
say
it
,
't
is
utterly
in
the
dark
,
and
will
now
never
come
to
light
,
Silverius
dying
before
it
ever
came
to
Tryal
.
Neither
is
it
so
improbable
that
he
should
side
with
the
King
of
the
Goths
,
for
the
sake
of
his
great
Master
Theodorick
,
by
whose
favor
he
had
been
advanced
into
the
Papal
Chair
.
De
Bello
Gothico
l.
1.
c.
11.
That
he
was
solicited
to
it
by
Vitigis
we
are
assured
by
the
true
Procopius
,
but
that
he
gave
his
consent
,
he
cannot
tell
,
but
rather
on
the
contrary
that
he
sided
with
Belizarius
,
and
perswaded
the
Citizens
to
open
their
Gates
to
him
,
And
lastly
as
for
the
barbarous
murther
of
the
great
Queen
Amalasuntha
,
which
this
Author
says
,
was
contrived
by
Theodora
to
prevent
her
design'd
Journey
to
Constantinople
out
o●
envy
and
jealousie
of
her
beauty
;
for
which
end
she
imployed
Peter
the
Emperor's
Ambassador
to
Theodatus
,
to
perswade
him
to
put
her
to
death
.
But
beside
that
this
story
has
the
ill
fortune
to
have
no
Vouchers
,
and
that
on
the
contrary
't
is
cross't
by
all
co-temporary
Writers
,
it
is
here
told
so
awkerdly
,
as
plainly
to
give
it self
the
Lye
.
And
if
the
Pamphleteer
had
consulted
Procopius
himself
,
De
Bello
Goth.
l.
1.
c.
4.
he
would
have
told
him
,
that
though
the
Queen
had
once
design'd
for
Constantinople
,
yet
at
this
time
she
was
so
very
far
from
any
such
thought
,
that
she
had
taken
the
whole
burthen
of
the
Government
upon
her self
,
and
though
she
had
admitted
her
Kinsman
Theodatus
to
a
partnership
of
the
Pomp
and
Title
of
Majesty
,
she
by
an
Oath
of
Allegiance
from
him
reserved
all
the
Power
to
her self
.
And
as
for
Peter
the
Ambassador
,
he
had
so
little
hand
in
perswading
the
Tyrant
to
the
Villainy
,
that
he
had
not
so
much
as
ever
seen
him
,
when
it
was
committed
,
being
at
that
time
on
his
Journey
,
and
staying
at
Apollonia
for
farther
Orders
from
his
Master
:
by
whose
command
,
when
he
came
to
Rome
he
declared
an
eternal
War
against
the
Goths
in
revenge
of
her
Majesties
de●th
.
And
the
Emperor
was
(
as
he
always
was
)
as
good
as
his
word
,
for
he
never
left
them
till
he
had
utterly
destroyed
both
their
Government
,
and
their
Nation
.
We
see
here
how
hard
a
thing
it
is
to
file
a
Lye
so
square
,
as
that
it
shall
light
even
on
all
sides
,
for
this
Libeller
is
so
unfortunate
,
as
to
cross
with
Procopius
himself
in
every
part
and
circumstance
of
his
story
;
and
to
betray
his
Forgeries
as
much
by
his
innocent
as
malicious
Mistakes
,
and
what
could
be
more
unhappy
than
for
the
same
Man
to
tell
us
that
Peter
after
his
Arrival
at
Rome
perswaded
Theodatus
to
murther
Amalasuntha
,
and
yet
tell
us
that
she
was
murther'd
before
he
set
foot
upon
Italian
Ground
.
So
much
for
Theodora
,
the
next
Fury
is
Antonina
,
the
inseparable
Companion
of
all
her
Wickedness
,
who
therefore
ought
to
be
clear'd
and
acquitted
by
her
discharge
;
but
for
her
commendation
I
must
add
,
that
she
is
every
where
celebrated
by
Procopius
for
a
Woman
of
prodigious
Wit
,
to
which
he
very
much
ascribes
Belizarius
his
success
in
his
Wars
,
in
which
she
never
left
him
,
but
when
she
stayed
at
Court
to
watch
the
Motions
of
Joannes
Cappadox
,
who
out
of
meer
malice
and
envy
lay
at
catch
for
his
destruction
,
and
how
neatly
she
tript
up
the
great
Statesman
,
we
have
seen
above
,
though
the
Reader
may
see
it
more
largely
described
by
Procopius
himself
.
So
little
design
of
Cruelty
had
this
Lady
in
the
over-throw
of
Cappadox
,
De
Bello
Persico
lib.
1.
cap.
25.
that
she
did
no
more
than
what
was
necessary
for
her
Husbands
security
,
an
Action
that
I
think
no
Man
can
deem
a
fault
in
a
Court-lady
.
And
as
for
those
many
and
shameless
Adulteries
,
that
the
Pamphlet
loads
her
with
,
it
is
but
a
single
testimony
of
we
know
not
whom
,
no
such
thing
being
in
the
least
suggested
against
her
by
any
other
Writer
.
But
this
sort
of
tales
are
proper
materials
for
Lampoons
,
for
as
it
is
hard
to
prove
them
,
so
is
it
as
hard
to
disprove
them
,
and
withal
they
take
most
easily
with
the
Ill-nature
of
Mankind
,
though
without
undenyable
proof
they
ought
to
be
rejected
as
the
standing
Topicks
of
Calumny
.
But
that
Belizarius
should
imprison
her
for
her
Lewdness
,
and
yet
be
so
very
strangely
fond
of
her
,
as
this
inconsistent
Scribler
tells
the
Tale
,
is
a
thing
so
incredible
in
it self
,
that
scarce
any
Testimony
can
have
credit
enough
to
give
it
reputation
.
And
it
is
of
the
same
stamp
with
Theodorus
being
a
Player
and
a
common
Strumpet
,
that
a
thing
so
notorious
and
publick
as
this
should
never
be
mention'd
by
any
other
Writer
,
especially
in
an
Age
so
abounding
with
Historians
of
contrary
Factions
.
But
to
proceed
in
the
history
of
Justinian's
Cruelty
:
De
Bello
Goth.
〈◊〉
c.
31
▪
●2
▪
There
was
one
Artabanes
,
that
the
Emperor
had
raised
from
a
mean
Condition
to
the
highest
Honors
in
the
Empire
,
and
would
have
given
him
his
own
Sister
in
marriage
,
had
not
the
Banes
been
forbidden
by
a
former
Wife
.
But
he
to
revenge
the
disappointment
conspires
with
one
Arsaces
against
the
Emperor's
life
.
This
Arsaces
had
been
convicted
of
High-Treason
;
and
conspiracy
with
the
Goths
,
for
which
,
when
he
was
legally
condemn'd
,
he
was
not
so
much
as
fined
or
banisht
,
but
only
whipt
to
shame
him
out
of
the
folly
of
his
Design
.
These
draw
in
other
Conspirators
,
till
at
last
the
Plot
is
fully
discover'd
to
the
Emper●r
,
and
conf●ss't
by
themselves
;
and
yet
is
he
so
far
from
putting
any
of
them
to
death
,
that
he
only
put
them
out
of
their
Preferments
,
and
enacted
nothing
more
severely
against
them
than
an
honorable
Confinement
,
imprisoning
them
in
his
own
Palace
,
and
not
in
a
Common
Goal
.
And
not
long
after
we
find
Artabanes
received
into
favor
,
made
Vice-Roy
of
Thrace
,
Ibid.
cap
▪
39.
and
Lord
High
Admiral
in
the
Expedition
against
Totilas
the
Goth
,
when
he
invaded
Sicily
.
But
as
generous
as
he
was
towards
his
own
Enemies
,
he
was
wont
to
infuse
a
stronger
tincture
of
Justice
in
the
punishment
of
other
Men's
Wrongs
:
Thus
when
Gubazas
King
of
the
Colchi
or
Lazi
,
his
Confederate
,
was
murther'd
by
a
Conspiracy
of
the
Principal
Officers
of
the
Roman
Army
,
and
complaint
of
the
Villainy
brought
to
the
Emperor
,
he
refers
the
examination
of
the
Matter
to
a
fair
Tryal
,
as
we
may
see
in
Agathias
,
who
has
set
down
an
exact
Narrative
of
the
Pleadings
on
all
sides
;
Agathias
l.
5.
and
then
it
is
certain
that
he
was
not
reduced
to
the
condition
of
a
blind
Beggar
;
so
that
this
Story
is
to
be
rejected
as
meer
Fable
without
any
farther
Confutation
.
But
because
this
great
man
has
fallen
under
the
lash
of
this
rude
Satyrist
,
we
must
do
right
to
the
memory
of
the
greatest
man
upon
Record
:
for
though
Procopius
has
done
it
to
purpose
in
the
History
of
his
Actions
,
that
as
he
describ●s
them
,
are
not
to
be
parallel'd
by
any
of
the
Ancient
Greeks
or
Romans
,
yet
this
counterfeit
represents
him
as
a
mean
,
contemptible
,
and
cowardly
wretch
,
the
very
laughing-stock
of
the
common
People
,
and
that
he
fell
into
disgrace
with
the
Emperor
after
his
Conquest
of
Gilimer
and
Vitigis
,
out
of
envy
to
that
vast
Treasury
,
of
which
he
defrauded
the
Exchequer
;
that
he
walkt
the
Streets
of
Constantinople
sad
and
solitary
,
expecting
to
be
stab'd
by
every
man
that
met
him
:
that
after
he
was
restored
to
favour
he
lost
Italy
by
his
covetousness
,
and
so
again
became
the
object
of
publick
contempt
,
with
a
great
many
more
streins
of
the
same
Civility
and
Eloquence
.
And
thus
is
this
mighty
Hero
,
this
great
wonder
of
the
World
,
so
Glorious
for
all
his
Vertues
,
V.
Procop.
●●
Bello
〈◊〉
.
lib.
3.
cap.
1.
Greatness
and
Constancy
of
Mind
,
Conduct
and
Skill
in
War
,
singular
Temper
and
Clemency
,
Bounty
and
Liberality
,
Faith
and
Loyalty
shrunk
into
a
thing
as
contemptible
as
a
Knight
Errant
in
Burlesque
▪
But
of
all
Lyers
this
Romanc●r
is
the
most
unhappy
that
I
ever
met
with
,
and
is
so
unfortunate
as
to
contradict
the
true
Historians
not
only
in
his
Characters
,
but
undenyable
matters
of
Fact
.
For
at
what
time
and
upon
what
occasion
did
he
fall
into
this
disgrace
?
If
we
may
believe
our
Author
▪
it
was
after
the
Conquest
of
Gil●mer
and
Vitigis
,
for
not
delivering
up
his
spoils
into
the
Emperors
Treasury
.
But
what
says
the
true
Procopius
the
Eye-Witness
and
Companion
of
all
his
Fortunes
.
De
Bello
Goth.
l.
3.
c.
1.
When
he
was
offer'd
the
Kingdom
of
Italy
by
the
vanquisht
Goths
,
he
flatly
refused
it
as
an
Act
of
Treason
against
his
Royal
Master
,
immediately
repair'd
to
Constantinople
with
Vitigis
and
all
his
Wealth
,
and
all
the
Treasure
of
King
Theodorick
,
with
which
the
Emperor
was
so
surprised
,
it
being
the
greatest
that
ever
was
amassed
together
in
one
heap
,
that
he
made
a
solemn
invitation
of
the
Senate
to
view
and
admire
it
.
And
though
at
this
time
he
gave
not
Belizarius
a
publick
Triumph
,
as
he
did
at
his
return
out
of
Africa
,
yet
he
was
the
wonder
and
the
praise
of
all
men
,
having
obtain'd
two
such
Victories
,
as
never
any
man
did
before
him
,
brought
two
Captive
Kings
to
Constantinople
,
and
above
all
mens
expectation
delivered
into
the
hands
of
the
Romans
both
the
Families
and
the
Treasuries
of
Gezarick
and
Theodorick
(
than
whom
never
were
greater
Princes
among
the
Barbarians
)
and
restored
the
Wealth
taken
from
the
Enemies
to
the
Common-wealth
▪
and
in
a
little
time
restored
one
half
of
the
lost
Empire
to
the
other
.
So
that
at
Constantinople
he
was
the
delight
of
all
mens
eyes
;
the
People
thought
they
could
never
gaze
enough
upon
him
,
and
his
appearance
in
publick
was
like
a
Pompous
Triumph
,
always
attended
with
a
mighty
Train
of
Goths
,
Vandals
and
Moors
.
After
this
follows
a
long
Character
of
all
his
Vertues
,
especially
his
incredible
Bounty
to
his
Souldiers
,
which
the
Reader
may
peruse
at
leisure
,
it
being
too
long
to
be
transcribed
.
And
then
as
for
the
infinite
wealth
that
he
brought
out
of
Africk
,
and
delivered
into
the
Emperors
Exchequer
,
De
Bello
Vandal
.
lib.
3.
c.
9.
it
is
set
down
by
Procopius
in
the
description
of
his
Triumph
,
as
the
greatest
Treasury
in
the
World
:
And
among
the
rest
were
the
Vessels
and
Furniture
of
Solomon's
Temple
,
that
Titus
brought
to
Rome
,
and
Gizerick
carried
away
when
he
sack't
it
,
and
the
Emperor
to
avoid
the
Misprision
of
Sacriledge
,
thought
it
his
duty
to
return
them
to
the
Christian
Churches
at
Jerusalem
.
Now
if
we
compare
this
Account
of
Procopius
with
the
Anecdota
concerning
the
same
Time
and
Action
,
how
could
the
Wit
of
Mankind
have
better
way-layed
the
Malice
of
this
Scribler
?
For
this
was
no
part
of
secret
History
,
no
closet
-
or
bed-chamber
Transaction
,
but
all
such
publick
shew
as
was
not
capable
to
be
be-lyed
.
And
therefore
when
Procopius
writes
it
to
his
own
age
,
to
thousands
of
Eye-witnesses
,
that
Belizarius
was
worshipt
both
by
the
Prince
and
the
People
for
that
vast
Treasure
that
he
brought
into
the
Chequer
,
what
can
we
conclude
of
the
secret
Historian
,
that
has
the
confidence
and
the
ignorance
,
as
to
obtrude
such
an
incredible
Flam
upon
all
Posterity
,
that
he
was
the
contempt
of
all
Men
,
deserted
by
his
Friends
,
sad
and
solitary
,
and
that
the
occasion
of
all
this
disgrace
was
embezelling
the
Emperor's
Treasury
.
Compare
but
these
two
Reports
together
of
one
and
the
same
thing
that
was
not
acted
in
secret
,
but
upon
the
most
publick
Stage
in
the
World
,
and
from
that
alone
we
may
learn
what
Faith
is
to
be
given
to
this
goodly
Romance
.
And
lastly
as
for
the
ill-success
of
his
second
Expedition
into
Italy
,
which
the
Libel
lays
intirely
upon
his
ill
Conduct
,
he
has
here
some
little
truth
to
help
out
his
malice
:
For
it
is
true
that
his
second
expedition
was
not
so
successful
as
his
other
Wars
,
but
whose
fault
was
that
?
Every
Man
's
rather
than
Belizarius
.
For
at
his
first
Expedition
against
Vitigis
,
he
left
Italy
in
a
settled
State
of
Peace
and
Safety
:
De
Bello
Goth.
lib.
3.
à
capite
tertio
ad
decimum
.
but
in
his
absence
at
the
Persian
Wars
,
it
was
lost
by
the
negligence
of
other
Captains
,
upon
this
Belizarius
is
recall'd
from
Persia
(
where
he
had
in
a
very
short
time
broke
all
the
strength
of
the
great
King
Chosroes
,
)
and
is
posted
away
with
all
speed
into
Italy
without
Men
or
Money
.
The
last
is
confest
by
the
Libel
it self
,
that
upon
that
account
charges
him
with
Covetousness
and
Oppression
.
And
it
is
not
to
be
doubted
,
but
that
the
Contributions
of
the
Inhabitants
must
have
been
very
heavy
.
But
it
was
not
in
Belizarius
his
power
to
ease
them
,
for
he
came
to
defend
their
Country
,
and
having
no
other
Supplies
,
they
must
either
maintain
the
Charges
of
the
War
or
submit
to
the
Enemy
.
But
alass
he
was
not
able
to
act
or
attempt
any
thing
for
want
of
Forces
,
De
Bello
Goth.
l.
3.
c.
10.
as
Procopius
himself
informs
us
,
that
he
could
not
make
up
a
body
of
4000
Men
,
and
those
but
raw
Soldiers
and
unarmed
,
Cap
▪
30.
and
at
this
very
nick
of
time
is
he
called
back
by
the
Emperor
to
Command
in
the
Persian
War
,
that
was
then
very
pressing
on
that
side
of
the
Empire
.
This
is
all
the
ill
conduct
that
this
great
General
was
guilty
of
in
this
Expedition
;
it
was
not
indeed
so
honorable
as
his
other
Wars
,
because
not
so
successful
,
but
where
the
Miscarriages
lay
we
have
seen
in
the
Premises
,
from
whence
it
appears
that
Belizarius
was
so
far
from
committing
any
Faults
,
that
it
was
his
greatest
work
through
the
whole
War
to
retrieve
other
Mens
losses
.
De
Bello
Goth.
lib.
4.
c.
21.
And
therefore
he
is
received
by
the
Emperor
and
the
Court
with
all
possible
expressions
of
Honor
,
and
all
Men
contend
who
shall
give
him
most
homage
,
to
the
great
contentment
and
satisfaction
of
the
Emperor
.
And
that
was
the
only
true
reason
why
he
commanded
not
in
the
third
Expedition
against
the
Goths
,
because
the
Emperor
could
not
part
with
him
from
his
own
Person
,
and
so
he
continued
at
Court
all
the
remainder
of
his
life
in
the
height
of
favor
and
glory
,
till
in
his
extreme
old
Age
he
rescued
the
Empire
from
the
Huns
,
and
set
in
that
glorious
Action
.
So
dull
a
Fable
is
this
of
our
Rhapsodist
,
that
he
was
the
object
of
publick
contempt
ever
after
his
return
from
Italy
.
But
though
to
blast
a
Mans
good
Fortune
be
an
action
barbarous
enough
,
yet
to
blot
out
his
Vertues
,
and
place
the
blackest
Vices
in
their
stead
,
so
as
to
turn
a
Man
of
the
greatest
Honor
in
the
World
into
a
false
and
perjur'd
Villain
,
is
a
depth
of
malice
below
(
if
it
were
possible
)
the
bottomless
pit
it self
.
And
among
all
the
Evils
under
the
Sun
,
I
think
this
a
deplorable
one
from
this
Example
,
that
the
Reputations
of
the
greatest
Men
lye
so
much
at
the
mercy
and
in
the
power
of
every
ill-natur'd
Pedant
,
to
dispose
of
them
as
they
please
to
Posterity
.
Though
it
is
some
comfort
again
,
that
the
Actions
of
great
Men
are
too
big
and
bright
to
be
eclyps'd
by
the
interposition
of
every
trifling
Meteor
.
And
that
is
ours
in
the
case
of
Belizarius
,
whose
Glory
will
for
ever
out-shine
and
baffle
all
the
Attempts
of
Envy
and
Malice
both
in
figure
and
brightness
.
And
if
we
compare
the
true
story
of
Belizarius
his
Actions
with
the
little
blind
tales
of
this
barbarous
Pasquil
,
it
must
for
ever
leave
the
Author
of
it
under
the
most
scornful
indignation
of
all
Men
that
have
any
regard
for
Worth
or
Honor.
§
.
XXVII
.
And
thus
having
done
a
little
justice
to
the
memory
of
this
great
Man
,
the
greatest
perhaps
in
history
,
unless
the
great
Scipio
Africanus
may
be
his
parallel
,
to
use
some
comparison
with
him
:
we
may
now
proceed
in
his
Master's
Cause
,
and
having
already
cast
up
the
small
retail
of
his
Cruelties
,
let
us
a
little
reckon
for
his
whole-sale
Executions
:
And
here
the
sum
total
in
short
is
the
Whole
Empire
and
the
Whole
World
.
But
here
who
would
not
lift
up
Hands
and
Eyes
to
Heaven
,
to
find
a
Man
so
utterly
bereft
of
all
Sense
and
Modesty
,
as
to
charge
the
utter
subversion
of
the
Empire
upon
that
Prince
,
whom
he
had
before
represented
as
immediately
raised
up
by
the
divine
Providence
for
its
Recovery
?
Whether
it
were
a
true
or
a
Perkin
Procopius
,
he
must
rave
and
not
know
what
he
says
,
when
he
talks
of
Justinian's
losing
the
Empire
,
that
Charge
being
the
most
unluckily
fastned
upon
him
,
of
any
one
Prince
in
the
whole
Succession
.
I
may
safely
challenge
any
Man
to
produce
me
any
three
Men
either
of
the
old
Common-Wealth
or
the
new
Empire
,
that
did
more
service
to
their
Country
than
this
Prince
alone
.
The
other
great
Men
that
were
honor'd
with
the
Titles
of
Fathers
and
Protectors
of
their
Country
,
only
saved
it
from
the
Invasion
of
a
single
Enemy
,
or
perhaps
two
or
three
,
but
he
beat
back
the
incursions
of
the
whole
barbarous
World
from
all
Points
of
the
Compass
,
and
recover'd
the
greatest
part
of
the
Empire
long
since
lost
:
And
thô
it
were
over-whelm'd
with
Multitudes
of
Enemies
on
all
sides
,
yet
he
left
it
in
a
greater
and
a
much
firmer
state
than
ever
it
was
before
at
its
greatest
glory
.
In
short
,
let
any
Man
read
Procopius
his
eight
Books
of
the
success
of
his
Wars
,
and
parallel
the
undenyable
greatness
of
those
Actions
,
if
he
can
,
out
of
all
the
Records
even
of
the
Roman
State
it self
.
If
any
Man
can
equal
the
Fortune
of
his
Arms
,
it
is
Caesar
,
but
as
for
the
glory
of
their
Wars
,
there
is
this
one
unhappy
difference
,
that
all
Caesars
aim'd
at
the
subversion
of
the
settled
Government
,
and
all
Justinians
at
its
Preservation
,
or
rather
Restitution
.
So
that
as
Agathias
observes
towards
the
conclusion
of
his
History
,
De
Aedificiis
,
that
were
composed
in
the
36
th
year
.
To
these
if
we
add
Agathias
,
who
continues
Procopius
his
History
to
the
end
of
the
Reign
,
we
shall
then
have
a
complete
Prospect
of
that
universal
Desolation
,
that
Justinian
brought
upon
his
Empire
.
The
greatest
Match
for
the
Romans
in
the
World
were
the
Persians
,
upon
whom
,
though
it
was
often
attempted
by
the
Ambition
of
their
greatest
Captains
,
they
could
never
make
any
considerable
Impression
;
but
rather
were
for
the
most
part
sent
home
with
loss
and
shame
.
And
yet
this
powerful
and
war-like
Nation
Justinian
at
the
entrance
upon
the
Government
,
so
amazed
with
the
Prowess
of
his
Arms
,
Conduct
of
his
Captains
,
and
Courage
of
his
Soldiers
,
that
even
after
a
great
Victory
on
the
Persian
side
,
De
Bello
Persico
lib.
1.
c.
22.
they
were
brought
in
the
6
th
year
of
his
Reign
,
to
sign
an
overlasting
Peace
between
the
Crowns
,
an
Article
that
I
know
not
,
whether
it
were
ever
obtain'd
by
the
Romans
before
that
time
.
This
gave
the
Emperor
opportunity
to
imploy
his
Arms
in
Africk
and
Italy
,
with
what
success
we
shall
see
when
we
come
to
those
Wars
,
but
it
was
so
great
that
it
provoked
Chosroes
the
great
King
of
the
Persians
,
Ibid.
c.
9.
But
Chosroes
being
a
Man
of
a
false
Nature
,
crafty
,
apt
to
make
Promises
and
seal
them
with
an
Oath
,
which
for
Interest
he
would
as
readily
break
as
take
;
he
contrary
both
to
his
Faith
and
the
Law
of
Nations
,
surprizes
the
Romans
though
his
Confederates
with
an
unproclaimed
War
;
so
that
the
Emperor
being
unprepared
for
a
speedy
resistance
,
and
his
Armies
being
then
employed
in
Italy
,
he
was
for
the
present
forced
to
buy
Peace
upon
dishonourable
Terms
.
But
the
next
Campaign
having
finisht
the
War
with
Vitigis
,
he
sends
Belizarius
,
though
with
no
great
Army
,
and
after
several
Engagements
Chosroes
his
proud
Spirit
is
so
taken
down
,
as
to
condescend
to
sue
for
Peace
,
and
upon
it
sends
his
Ambassador
to
Belizarius
with
a
further
design
to
discover
what
Captain
he
was
,
and
what
strength
he
had
.
But
Belizarius
only
returns
him
this
resolute
and
careless
Answer
,
That
Chosroes
did
by
no
means
treat
like
a
Prince
with
his
Imperial
Majesty
;
for
Princes
,
if
they
have
any
Quarrel
with
their
Neighbours
,
are
wont
first
to
send
their
Complaints
and
Demands
,
and
if
they
can
obtain
no
satisfaction
,
then
to
betake
themselves
to
Arms
,
whereas
Chosroes
had
contrary
to
his
Faith
broken
into
the
Heart
of
the
Roman
Dominions
,
and
therefore
it
was
too
late
for
him
to
offer
at
any
Treaty
of
Peace
.
And
with
this
short
and
peremptory
Answer
,
and
with
some
Stratagems
of
flight
he
dismisses
the
Ambassador
,
who
upon
his
return
perswades
Chosroes
to
be
gone
with
all
speed
,
it
being
a
vain
thing
to
think
of
fighting
a
Captain
of
that
Conduct
and
Courage
.
Upon
this
Chosroes
immediately
steals
away
,
and
when
he
was
got
over
Euphrates
,
where
he
thought
himself
pretty
secure
from
the
Romans
,
he
again
sends
his
Ambassadors
to
Belizarius
to
move
for
Cessation
of
all
farther
Hostility
,
which
upon
Hostages
given
was
at
length
granted
,
and
he
suffered
to
return
home
without
any
Pursuit
,
Belizarius
not
having
Forces
enough
to
intercept
his
passage
.
This
Action
,
as
the
Historian
affirms
,
was
so
prodigious
,
that
it
exceeded
all
his
former
Victories
,
and
his
bringing
those
two
mighty
Kings
,
Gilimer
and
Vitigis
,
Captives
to
Constantinople
,
appeared
not
so
glorious
as
this
brave
〈…〉
.
And
it
looks
like
Miracle
,
that
when
the
Romans
were
skulk't
within
their
own
Fortresses
,
and
Chosroes
with
a
numerous
Army
had
over-run
their
Dominions
,
Belizarius
as
it
were
riding
Post
with
a
small
Body
of
Men
should
so
suddainly
stop
the
Cariere
of
the
Persians
,
and
force
Chosroes
out
of
fear
either
of
the
great
Courage
or
good
Fortune
of
the
man
,
to
retire
with
a
pretence
of
Peace
,
but
in
good
earnest
to
run
away
.
And
yet
this
Prince
,
as
we
have
his
Character
from
Agathias
,
Cambyses
,
Darius
the
Son
of
Histaspes
,
and
Xerxes
that
marched
over
Seas
,
and
sailed
over
Mountains
.
And
what
is
as
considerable
,
beside
his
own
Forces
he
had
the
Assistance
of
the
Goths
,
and
the
revolted
Armenians
,
but
most
of
all
the
Moors
in
the
West
,
and
the
Huns
in
the
East
,
who
at
that
time
and
in
divers
places
broke
into
the
Empire
like
violent
Land-floods
,
and
were
as
furiously
driven
back
into
their
Dens
and
lurking
Holes
.
But
Chosroes
his
great
Spirit
could
not
digest
this
dishonourable
Repulse
,
and
therefore
he
makes
a
fourth
Invasion
,
though
as
he
pretended
,
not
upon
the
Romans
,
but
the
Christians
of
the
City
of
Edessa
,
to
revenge
the
Affront
that
they
had
put
upon
him
in
his
second
Expedition
when
he
carried
all
before
him
.
The
Story
is
very
remarkable
,
especially
out
of
the
mouth
of
a
man
so
curious
and
inquisitive
as
Procopius
.
Chosroes
being
informed
that
it
was
a
received
Opinion
among
the
Christians
,
that
our
Blessed
Saviour
had
fore-told
in
his
Letter
to
Agbarus
,
that
the
City
of
Edessa
should
never
be
Conquered
;
for
that
reason
in
his
Triumphant
Return
home
he
resolves
to
take
it
,
only
to
prove
him
a
false
Prophet
.
And
here
the
Historian
relates
the
Correspondence
between
our
Saviour
and
Agbarus
out
of
the
Records
of
the
City
agreeable
to
the
Story
of
Eusebius
,
and
in
farther
Confirmation
of
of
it
,
adds
that
this
Prophesie
,
That
the
City
should
never
be
vanquish't
,
was
not
to
be
●ound
in
the
Ancient
Copies
,
but
was
only
an
old
Tradition
of
the
Christians
,
that
the
vulgar
believed
to
be
in
the
Letter
it self
,
and
for
that
reason
they
reposited
it
in
the
Gates
of
the
City
,
to
make
them
impregnable
.
Chosroes
sets
down
within
a
days
Journey
of
the
place
,
and
moves
early
with
his
whole
Army
to
beset
it
,
but
having
wandred
in
a
Maze
all
day
,
finds
himself
at
evening
in
the
same
place
that
he
left
in
the
Morning
,
and
so
a
second
time
,
but
when
at
last
he
came
to
the
City
,
he
was
suddenly
struck
with
a
Rheumatism
,
and
is
so
scared
with
it
as
to
raise
the
Siege
upon
it
.
But
being
a
Bigotted
Pagan
he
was
prevailed
upon
by
his
Priests
and
Magicians
to
wipe
off
this
Dishonour
,
as
if
himself
and
his
Gods
had
been
Conquered
by
the
God
of
the
Christians
,
and
therefore
he
vows
to
plow
up
the
City
,
and
make
Slaves
of
all
its
Inhabitants
,
but
all
in
vain
,
he
is
bafled
in
every
Skirmish
,
and
is
so
shamefully
beaten
in
a
general
Assault
,
that
neither
himself
nor
his
men
had
any
heart
to
make
any
farther
Attempt
,
and
though
he
had
often
refused
any
Terms
of
Treaty
,
yet
now
to
s●lve
his
honour
he
takes
a
small
Sum
of
Money
of
the
Citizens
to
raise
the
Siege
.
And
from
thence
he
turns
his
Forces
upon
the
Lazi
that
were
under
the
protection
of
the
Romans
,
but
is
in
all
Engagements
so
soundly
beaten
,
that
he
is
at
last
forced
to
sue
for
Peace
,
and
so
we
hear
no
more
of
him
till
we
hear
of
his
inglorious
end
,
which
hapned
not
till
after
the
death
both
of
Justinian
and
his
Nephew
Justin
,
and
it
hapned
thus
as
Agathias
relates
it
:
Now
let
us
take
a
short
view
of
the
Vandalick
and
Gothick
Wars
,
by
which
our
Pasquil
affirms
,
that
he
ruined
both
Africk
and
Italy
,
and
we
shall
find
that
he
lost
those
Countries
just
as
the
Christian
Army
lost
the
Christian
Empire
last
Campaigne
,
or
rather
as
we
hope
they
may
this
,
by
recovering
all
Europe
out
of
the
Enemies
hands
.
For
that
was
all
the
loss
that
Justinian
brought
upon
the
Empire
by
those
two
Wars
,
that
he
entirely
restored
those
two
great
Branches
to
it
,
that
had
for
many
years
been
possest
by
the
Barbarians
.
It
was
lost
by
that
weak
Prince
Valentinian
the
Third
to
Gizerichus
King
of
the
Vandals
,
De
Bello
Vandal
.
lib.
1.
cap.
3.
who
enjoyed
it
39
years
,
and
was
setled
in
it
by
Articles
of
Peace
between
him
and
the
Emperor
Zeno
,
that
were
successively
ratified
by
Anastasius
and
Justin.
But
he
at
length
dying
,
All
past
Ages
have
seen
many
things
come
to
pass
beyond
Humane
Expectation
,
and
so
will
all
Ages
to
come
,
as
long
as
the
State
of
Humane
Affairs
continues
in
the
same
posture
.
And
some
things
have
been
brought
about
,
that
were
supposed
impossible
,
and
when
they
have
been
so
,
they
have
astonish't
the
undertakers
themselves
.
But
whether
any
thing
hap'ned
like
this
Transaction
I
remember
not
.
For
what
a
Prodigious
thing
is
it
,
that
5000
Strangers
(
that
was
the
Number
of
all
the
Horse
that
Belizarius
brought
with
him
,
by
whom
alone
the
Vandals
were
vanquish't
)
when
they
had
not
one
Port
to
land
in
,
should
in
such
a
Moment
of
Time
over-throw
the
Grand-Child
of
the
Great
King
Gizerick
,
and
make
an
entire
Conquest
of
a
Kingdom
of
so
great
Wealth
and
Strength
?
And
this
in
my
weak
Opinion
may
very
well
pass
for
a
Miracle
both
of
Fortune
and
Vertue
.
And
as
for
the
Gothick
War
in
Italy
,
as
it
had
the
same
Cause
,
so
had
it
the
same
Event
:
It
was
undertaken
in
defence
of
a
Confederate
Prince
,
and
ended
in
the
Conquest
and
Captivity
of
the
Usurper
.
But
of
this
we
have
given
an
Account
already
,
as
far
as
Belizarius
Acted
in
it
,
but
because
the
War
was
not
ended
,
when
he
was
recall'd
,
let
us
now
see
its
last
Event
which
our
Author
says
was
the
utter
devastation
of
Italy
.
Belizarius
being
recall'd
,
the
War
is
Committed
to
Narses
,
the
only
Captain
equal
to
him
for
Conduct
,
Courage
,
Bounty
,
Justice
,
and
Clemency
;
and
so
he
made
as
quick
a
dispatch
in
Italy
,
as
Belizarius
had
done
in
Africk
.
He
vanquish't
that
Great
Captain
Totilas
in
one
pitch't
Battel
,
and
Teias
his
Successor
in
another
,
though
they
had
call'd
in
the
Franks
to
their
Assistance
,
and
made
such
incredible
slaughters
of
them
,
that
both
the
Nations
were
almost
utterly
extinquish't
,
and
at
last
condescends
to
grant
Peace
to
the
small
Remainders
,
upon
condition
of
quitting
Italian
Ground
forever
,
and
so
drove
them
out
of
the
Country
like
a
Flock
of
Sheep
:
so
far
Procopius
to
the
26th
year
of
the
Reign
of
Justinian
.
But
the
Goths
unwilling
to
lose
their
present
Possessions
in
Italy
,
(
as
Agathias
continues
the
History
)
draw
in
the
Franks
and
the
Almans
to
joyn
Forces
against
the
Romans
,
Sub
quo
Vandalici
ceciderunt
strage
Tyranni
,
Corippi
lib.
3.
Edomitique
Getae
,
pubes
Alemanica
,
Franci
,
Totque
aliae
gentes
,
famosaque
regna
per
orbem
Ardua
sub
nostris
flectentia
colla
triumphis
Suscepere
jugum
,
mentes
animosque
dedere
Servitio
,
nobisque
manent
ex
hoste
fideles
.
This
is
the
true
Relation
of
Justinian's
Wars
,
which
whether
we
consider
their
Cause
,
their
management
,
or
their
success
,
were
the
most
justifiable
and
most
glorious
Wars
that
were
ever
waged
from
the
beginning
of
the
World
.
They
were
not
wantonly
undertaken
,
but
either
in
defence
of
himself
or
his
injured
Allyes
,
whom
he
was
bound
to
assist
in
Justice
as
well
as
Humanity
.
They
were
managed
with
all
the
strictness
of
Discipline
,
and
by
all
the
Rules
of
Mercy
and
Clemency
no
Plunder
committed
,
no
Violence
offered
to
any
of
the
Inhabitants
,
no
not
to
an
Enemy
unarmed
;
insomuch
that
when
Gilimer's
Ambassadors
,
that
were
sent
to
the
King
of
the
Vice-Goths
,
fell
unawares
into
the
Power
of
Belizarius
,
he
treated
them
with
Civility
,
and
sent
them
home
with
safety
.
And
lastly
,
as
for
their
success
,
no
Reign
can
equal
them
,
neither
did
he
only
stop
the
War
for
the
present
,
but
for
ever
,
by
rooting
up
as
well
as
cutting
down-all
the
Enemies
of
his
Country
.
In
short
,
when
a
very
great
part
of
it
had
for
many
years
groan'd
under
the
Tyranny
of
Barbarians
,
he
restored
it
entirely
to
its
Ancient
Liberties
.
And
yet
this
is
the
Devil
,
the
Plague
,
the
Fury
,
that
was
sent
into
the
World
in
an
Humane
shape
,
for
the
utter
destruction
of
the
Roman
Empire
.
And
thus
having
justified
Justinian's
Wars
from
all
suspicion
of
injustice
or
cruelty
,
let
us
briefly
consider
those
other
Actions
,
by
which
he
laid
wast
and
depopulated
the
Roman
Empire
,
and
that
is
best
described
in
his
Books
de
Aedificiis
,
that
were
written
four
years
after
this
counterfeit
Libel
,
and
that
is
a
very
unhappy
stumble
of
this
barbarous
Writer
,
the
ill
timing
of
his
Libel
.
If
he
had
written
it
after
all
the
other
Books
of
Procopius
,
it
might
have
had
some
seeming
pretence
to
a
secret
History
.
But
a
Libel
placed
between
two
Panegyricks
looks
very
awkerdly
,
and
gives
it self
the
Lie
.
Now
the
Character
,
that
is
given
to
Justinian
in
the
Introduction
to
the
Books
de
Aedificiis
,
is
but
an
Epitome
of
his
eight
Books
of
History
:
that
he
recover'd
the
shatter'd
Empire
to
its
ancient
splendor
and
greatness
from
the
Barbarians
,
and
whereas
Themistocles
could
only
boast
that
he
could
make
a
little
City
great
,
he
added
great
and
vast
Kingdoms
to
his
Dominions
,
and
divers
large
Provinces
that
were
cut
off
from
the
Empire
,
he
re-united
to
it
,
and
built
numberless
new
Cities
.
And
whereas
the
Church
was
torn
in
pieces
with
infinite
Schisms
and
Factions
,
he
settled
it
in
Peace
and
Unity
.
He
freed
the
Laws
from
confusion
and
obscurity
,
and
made
the
administration
of
Justice
plain
and
easie
:
he
was
merciful
to
his
Enemies
,
bountiful
to
all
Men
,
as
much
solicitous
to
preserve
happiness
of
life
to
his
Subjects
,
as
the
Government
of
the
Empire
to
himself
.
He
every
where
guarded
the
Frontiers
,
and
compass't
in
the
whole
Empire
with
new
Fortifications
,
to
fence
out
the
barbarous
People
that
he
had
driven
out
.
Among
the
Princes
of
old
Cyrus
bears
one
of
the
greatest
Names
for
his
Vertues
,
but
whether
Xenophon's
description
of
him
be
altogether
real
or
in
a
great
measure
Poetical
I
know
not
;
But
as
for
Justinian
I
am
sure
he
was
a
Father
to
his
Country
indeed
,
and
if
we
observe
the
course
of
his
Reign
,
that
of
Cyrus
will
appear
but
a
trifle
to
it
.
And
this
is
best
proved
by
his
Actions
,
for
who
can
doubt
of
his
Greatness
,
when
he
sees
the
Empire
so
vastly
enlarged
,
or
of
his
Clemency
when
he
sees
so
many
of
those
very
Men
,
that
had
conspired
against
his
life
,
not
only
to
enjoy
their
own
Lives
and
Estates
,
but
to
be
advanced
to
the
greatest
Commands
in
the
Imperial
Army
,
and
to
no
less
than
Consular
Dignity
in
the
State
?
A
pretty
Character
this
of
an
humane
Devil
,
that
came
into
the
World
to
eat
up
all
Mankind
.
But
if
we
take
a
view
of
all
his
Buildings
,
useful
or
stately
Structures
,
he
will
seem
to
deserve
under
God
,
the
Title
of
the
Founder
of
the
habitable
World
.
And
indeed
his
Foundations
were
so
magnificent
and
so
numerous
,
that
it
is
scarce
credible
that
they
should
all
be
the
works
of
one
Man
,
neither
were
they
Designs
for
Pomp
or
Pleasure
,
but
for
the
use
and
convenience
of
Mankind
.
He
wasted
not
his
Money
upon
Pyramids
or
Amphitheaters
,
but
laid
it
out
upon
Churches
,
Hospitals
,
Monasteries
,
Fortifications
,
Castles
,
Bridges
,
High-ways
,
Aquaeducts
,
Sea-Moles
,
&c.
These
useful
Structures
our
Libeller
blushes
not
to
stile
mad
and
extravagant
Buildings
.
Though
beside
his
prodigious
Works
for
Charity
and
Devotion
,
the
greatest
part
of
his
Structures
were
upon
the
Confines
,
in
defence
of
the
Empire
against
future
Invasions
.
On
the
Persian
side
he
fortified
the
frontier
and
important
City
of
Daras
,
repair'd
the
Walls
of
Amidas
,
wall'd
about
Rhapdium
,
so
as
to
make
it
impregnable
,
and
built
so
many
strong
Castles
at
all
convenient
Passes
,
as
were
able
every
where
to
stop
the
Impressions
of
the
Persians
,
he
re-edified
the
Walls
of
Theodosiopolis
,
Constantina
and
Circesium
,
all
strong
Garrisons
,
and
every
where
planted
Castles
at
a
convenient
distance
between
his
Garrisons
:
he
repair'd
the
Walls
of
Edessa
,
and
fenced
it
in
against
the
Inundations
of
the
River
Scirtus
,
he
built
divers
Cities
and
Castles
in
Euphratesia
,
he
rebuilt
and
fortified
the
City
of
Antioch
,
that
had
been
demolisht
by
Chosroes
in
his
base
second
Expedition
,
he
repair'd
the
Cities
of
Calcis
,
Cyrus
and
Palmyra
.
All
which
were
in
effect
one
entire
Fortification
against
the
Persians
;
and
as
he
wall'd
in
the
Empire
on
that
side
,
so
he
did
on
all
other
Parts
,
especially
about
Armenia
and
Illyricum
,
that
were
the
common
Inlets
of
the
Barbarians
.
Where
the
number
of
Fortresses
and
Castles
either
newly
founded
or
rebuilt
is
scarce
to
be
computed
.
It
would
amaze
a
Man
only
to
read
the
Catalogues
of
the
Names
as
they
are
set
down
by
Procopius
in
his
third
and
fourth
Books
.
This
I
hope
may
suffice
both
to
shew
in
what
way
and
method
Justinian
ruin'd
and
depopulated
the
Roman
Empire
,
and
to
expose
the
Ingenuity
of
this
little
Scribler
to
lay
that
to
the
Charge
of
this
great
Prince
,
not
only
without
alledging
any
particular
Instances
to
make
good
the
general
Assertion
,
but
against
the
Evidence
of
such
infinite
Matter
of
Fact
through
his
whole
reign
.
§
.
XXVIII
.
The
next
grand
Miscarriage
of
this
Princes
Government
was
his
siding
with
the
Faction
of
the
Venetae
,
not
only
not
punishing
their
Murthers
and
Acts
of
Violence
,
but
encouraging
them
,
insomuch
that
they
every
where
committed
all
kinds
of
Villainy
with
safety
and
impunity
,
to
the
endangering
of
the
Empire
it self
by
Tumults
and
Seditions
.
This
is
the
sum
of
the
Indictment
.
But
to
traverse
it
home
,
we
must
know
that
there
was
an
old
Game
derived
from
the
Grecians
representing
a
Contest
between
the
Sea
and
the
Earth
for
Victory
,
they
that
plaid
on
the
Earths
side
wore
green
Colours
,
representing
the
Verdure
of
the
Fields
,
they
that
wrastled
for
the
Sea
wore
blewish
;
if
the
green
Ribbon-Men
overcame
,
that
was
an
Omen
of
a
plentiful
Crop
for
the
ensuing
year
:
if
the
blew
Men
were
Masters
of
the
Field
,
that
was
a
fore-boding
of
good
Weather
at
Sea
,
and
good
Success
in
Merchandize
.
This
trifling
in
process
of
time
came
to
too
much
good
earnest
in
the
Common-Wealth
,
and
the
Parties
became
dangerous
state-Factions
,
that
often
imbroil'd
the
Government
.
In
the
time
of
the
Emperor
Anastasius
they
burnt
down
the
City
of
Constantinople
;
but
the
most
famous
Tumult
that
they
ever
raised
,
was
under
Justinian
,
and
it
endanger'd
his
Crown
much
more
than
the
Attempts
of
all
his
foreign
Enemies
put
together
.
De
Bello
Persico
lib.
1.
cap.
24.
The
Factions
were
come
to
the
utmost
out-rage
of
Hostility
,
and
it
was
now
a
kind
of
an
open
War
through
the
whole
Empire
,
it
was
an
ordinary
thing
to
stab
one
another
in
the
Streets
,
though
he
that
escaped
in
the
duel
was
certain
to
be
punisht
with
death
.
And
they
were
so
barbarous
in
their
folly
,
that
it
extinguisht
all
natural
Affection
,
and
the
nearest
Relations
would
not
scruple
to
cut
each
other's
Throats
,
it
was
perfect
and
down-right
madness
,
though
if
the
Government
went
about
to
suppress
them
,
notwithstanding
the
rage
of
their
Animosities
,
they
would
then
unite
and
join
Forces
against
it
.
And
therefore
Justinian
at
his
first
coming
to
the
Crown
resolves
to
bridle
these
insufferable
Tumults
and
Affronts
to
Authority
,
and
for
that
reason
he
publishes
very
severe
Laws
against
all
Disorders
at
the
publick
Games
,
Chronicon
Alex.
which
for
some
considerable
time
over-awed
their
fury
;
but
it
hapned
in
the
6
th
or
7
th
year
of
his
reign
,
that
as
some
of
the
Officers
were
carrying
some
Offenders
of
both
Factions
to
the
Jail
,
the
People
fell
into
a
Tumult
for
their
rescue
,
in
which
some
say
both
Parties
were
engaged
,
and
no
doubt
but
it
was
,
as
all
Tumults
are
,
a
mixt
multitude
,
but
the
chief
Actors
were
the
Prasini
,
and
therefore
the
Author
of
the
Chronicon
Alexandrinum
,
who
is
the
most
particular
Writer
in
this
story
,
makes
it
the
action
of
that
Party
,
and
ascribes
the
Emperor's
deliverance
from
their
fury
to
the
loyalty
of
the
Venetae
,
and
if
so
,
the
Emperor
could
not
owe
them
too
much
kindness
,
to
whose
Loyalty
he
owed
both
his
Life
and
Empire
.
But
the
Rabble
being
embodyed
together
took
for
their
Word
Victory
,
put
to
the
Sword
all
that
will
not
join
with
them
,
set
the
City
on
fire
,
and
industriously
destroy
the
most
stately
Buildings
in
it
,
besiege
the
Emperor's
Palace
,
and
demand
Justice
against
evil
Counsellors
,
and
after
five
days
fury
set
up
Hypatius
Nephew
to
the
Emperor
Anastasius
in
the
Imperial
Throne
,
assault
the
the
Emperor's
Palace
,
and
put
him
into
that
danger
,
and
his
Friends
into
that
consternation
,
that
he
was
advised
by
his
Privy
Council
to
fly
by
Sea
for
his
own
security
,
but
the
Council
was
over-ruled
by
the
courage
of
Theodora
,
and
because
the
Speech
expresses
an
extraordinary
and
more
than
masculine
greatness
of
mind
;
I
will
set
it
down
.
It
is
not
(
my
Lords
)
material
at
this
time
,
whether
it
become
the
modesty
of
a
Woman
to
act
the
Man's
part
amongst
Men
,
●nd
upbraid
their
cowardize
by
her
courage
.
For
when
things
are
reduced
to
the
utmost
extremity
of
danger
,
all
the
nicer
considerations
of
Decency
are
super-seded
,
and
nothing
is
to
be
thought
on
but
the
most
honourable
way
of
encountring
or
escaping
the
present
danger
.
And
as
for
that
,
my
Opinion
is
,
that
though
we
could
save
our selves
by
flight
,
it
would
by
no
means
be
expedient
to
our
Affairs
.
All
Men
are
born
under
a
Necessity
of
dying
,
but
the
Man
that
has
once
worn
a
Crown
is
bound
to
scorn
to
live
an
Exile
,
and
out-live
his
own
Majesty
.
God
forbid
that
any
Man
should
ever
see
Theodora
live
to
be
stript
of
this
Royal
Purple
,
or
that
she
should
survive
one
hour
after
her
being
saluted
Empress
.
As
for
you
(
great
Sir
)
if
you
think
good
to
make
your
escape
,
I
grant
it
may
be
done
with
ease
,
you
have
both
Treasure
and
Shipping
at
hand
,
but
consider
whether
you
may
not
fall
into
the
Traitor's
hands
,
and
suffer
an
ignoble
death
from
your
own
Rebel
Subjects
.
You
may
do
,
Sir
,
as
you
please
,
but
I
will
act
by
that
brave
old
saying
,
that
the
best
Inscription
upon
a
Monument
is
,
Here
lies
the
King
,
and
that
an
Imperial
Robe
is
the
best
winding
sheet
.
This
brave
resolution
of
the
Empress
infused
both
shame
and
courage
into
the
Council
,
and
they
all
unanimously
resolve
to
dye
upon
the
Place
rather
than
to
consult
their
safety
by
flight
.
Upon
this
result
those
two
great
Soldiers
Belizarius
and
Mundus
sally
out
from
different
Parts
of
the
Pallace
upon
the
Rabble
in
the
Fo●um
,
who
at
the
sight
of
naked
Swords
,
immediately
trust
to
their
heels
,
and
are
slaughter'd
without
resistance
.
Hypa●ius
is
siezed
upon
in
his
Throne
,
and
carried
Prisoner
to
the
Emperor
,
and
is
next
day
executed
for
his
Treason
,
thô
his
forfeited
Estate
,
according
to
the
Emperor
's
usual
Clemency
,
was
restored
to
his
Relations
.
This
is
the
short
account
of
this
wild
Tumult
;
and
if
the
Venetae
served
his
Imperial
Majesty
against
the
Rebels
,
it
is
a
great
Crime
in
a
Prince
to
be
kind
to
those
that
stood
fast
to
their
Master
,
and
to
their
own
duty
at
a
time
of
greatest
distress
,
even
when
his
own
Guards
had
deserted
him
,
for
when
Belizarius
commanded
them
to
follow
him
,
they
refused
it
.
Now
at
such
a
streight
as
this
,
when
the
Venetae
flockt
in
to
his
relief
,
it
was
an
obligation
so
high
,
that
it
could
never
be
forgotten
,
and
therefore
that
they
were
the
Emperor's
Favourites
,
is
an
objection
only
fit
for
a
Traitor's
Mouth
:
But
nothing
so
unpleasant
to
Rebels
as
to
see
Loyalty
rewarded
.
And
as
the
Venetae
were
dutiful
Subjects
to
their
Prince
,
so
the
Prasini
were
lookt
upon
as
disaffected
to
the
Government
,
and
for
that
reason
they
were
countenanced
and
incouraged
by
the
Enemies
of
the
State
,
particularly
by
the
greatest
of
all
,
De
Bello
Pers.
lib.
2.
cap.
11.
Chosroes
,
who
at
the
City
of
Apamaea
,
appointed
the
publick
Games
on
purpose
,
to
declare
himself
Leader
and
Patron
of
the
Faction
,
so
that
in
a
word
,
the
two
Factions
were
in
good
earnest
nothing
else
than
the
Whig
and
Tory
of
that
Age.
§
.
XXIX
.
And
thus
having
routed
our
Satyrist's
main
Battel
,
all
his
following
Attempts
will
appear
like
the
weak
Skirmishes
of
a
vanquisht
Enemy
,
and
such
as
deserve
more
to
be
slighted
than
encountred
,
being
little
else
than
the
same
general
Characters
and
Calumnies
repeted
,
and
so
are
already
answer'd
.
But
because
I
am
resolved
not
to
leave
one
spot
of
dirt
upon
the
sacred
memory
of
this
mighty
Prince
,
and
to
expose
the
folly
and
rudeness
of
this
Pasquil
to
the
utmost
degree
of
contempt
,
I
will
trace
all
his
smaller
strokes
of
Malice
,
and
prove
every
line
of
it
meer
poison
,
spite
and
fiction
.
Of
this
kind
of
rubbish
then
is
the
eighth
Chapter
compounded
,
viz.
that
Justinian
was
a
natural
Fool
,
the
perfect
resemblance
of
the
dulness
and
stupidity
of
an
Ass
,
a
poor
Wretch
to
be
led
up
and
down
in
a
string
,
and
to
complete
the
conceit
,
having
his
Ears
always
in
the
same
posture
and
motion
with
Asses
ears
.
That
he
made
Ducks
and
Drakes
with
the
publick
Revenue
,
spending
it
either
in
extravagant
Presents
made
to
the
Huns
,
or
making
prodigious
but
useless
Moles
against
the
Sea
:
And
that
to
defray
the
Charges
of
these
prodigal
Undertakings
,
he
plunder'd
and
ruin'd
all
his
Subjects
.
That
he
was
like
Domitian
not
only
in
Manners
but
Features
,
as
appears
by
Domitian's
Statue
at
the
ascent
to
the
Capitol
.
That
he
was
a
crafty
Knave
and
a
great
Master
of
the
Art
of
Dissembling
;
that
in
him
the
two
extremes
of
Folly
and
Dishonesty
met
even
as
a
Peripatetick
Philosopher
taught
in
ancient
time
,
that
some
Colours
are
compounded
of
the
two
contraries
,
so
are
some
mens
natures
;
in
short
,
he
was
all
Fool
and
all
Knave
.
What
a
Scavengers
dirt-Cart
is
this
,
loaded
with
all
the
filth
and
nastiness
of
the
Town
,
a
Fool
,
an
Ass
,
a
Sot
,
a
Thief
,
a
Knave
?
But
let
us
briefly
examine
the
Particulars
in
order
.
And
in
the
first
place
the
Character
contradicts
it self
,
that
the
same
man
should
be
a
natural
Fool
and
yet
a
crafty
Knave
,
a
great
Master
of
the
Art
of
Dissembling
,
which
I
am
sure
no
Cudden
can
manage
.
Yes
but
some
men
(
as
the
Philosopher
holds
)
are
made
of
extremes
,
as
some
colours
are
of
black
and
white
.
This
arguing
from
similitudes
rarely
proves
any
thing
but
the
want
of
good
Arguments
,
otherwise
this
blind
Scribler
would
have
seen
that
he
does
not
Compound
but
Reconcile
the
Extremes
;
if
he
had
made
Justinian
a
middle
sort
of
man
,
it
might
have
been
sense
,
though
not
truth
,
but
when
he
makes
him
perfect
Fool
and
perfect
Knave
,
it
very
much
resembles
the
late
Famous
Description
of
Don
John
,
at
once
a
very
black
and
yet
a
very
fair
man
.
For
these
Characters
are
not
less
inconsistent
with
each
other
than
those
Complexions
.
I
will
grant
all
Knaves
to
be
Fools
,
but
if
they
are
Crafty
Knaves
,
they
cannot
be
Natural
Fools
,
and
if
they
are
Natural
Fools
they
can
never
make
Crafty
Knaves
.
I
have
read
of
a
Renowned
Pedant
of
Greece
(
to
vie
one
Philosopher
against
an
other
)
that
went
about
to
inform
the
World
in
this
useful
piece
of
Philosophy
,
that
Snow
was
Charcoal
,
and
Charcoal
Snow
.
For
my
part
rather
then
be
put
to
the
trouble
of
disputing
it
with
him
,
I
would
grant
that
to
be
possible
,
but
that
both
should
be
both
,
I
could
never
endure
the
impudence
of
the
Assertion
.
And
yet
that
is
our
Authors
Case
in
this
Character
of
the
same
Mans
being
meer
Knave
and
meer
Fool
;
a
stupid
Ass
,
and
a
man
of
a
very
sharp
Wit
,
a
natural
Sot
,
and
a
man
of
admirable
Parts
;
expressions
that
occur
every
where
through
all
parts
of
the
Libel
.
But
next
,
why
a
Fool
?
what
one
instance
of
his
Folly
?
Why
this
,
that
he
did
not
more
resent
the
Affronts
offer'd
him
by
the
Rabble
in
the
Circus
.
This
dull
pretence
is
worse
then
a
flat
Lye
:
As
if
any
man
but
a
natural
Fool
would
have
contended
with
a
Rabble
in
such
a
mad
sit
of
Out-rage
as
they
were
in
at
that
time
;
and
Justinian
if
he
had
been
a
wise
man
,
instead
of
securing
himself
in
his
Palace
,
would
have
exposed
his
Person
to
their
dirt
and
stones
and
unlimited
fury
.
Well
fare
our
secret
Historian
for
a
lucky
Fool-finder
.
But
what
other
proofs
of
his
Folly
?
was
it
his
reforming
the
Laws
?
Was
it
his
skill
in
Theological
Learning
,
that
is
attested
by
Victor
Tunonensis
,
who
entertain'd
disputation
with
him
15
days
about
the
tria
Capitula
,
together
with
Procopius
,
Liberatus
,
and
Eustathius
,
all
of
them
Co-temporary
Writers
?
So
vain
a
Dream
was
that
,
that
obtain'd
so
long
at
the
first
Restauration
of
Learning
,
that
he
was
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
occasion'd
by
a
false
Translation
of
Suidas
against
the
Greek
Copy
it self
,
putting
Justinian
for
Justin
,
of
whom
Suidas
relates
it
,
and
with
what
probability
I
have
shewn
above
,
but
as
for
Justinian
there
is
not
so
much
as
the
shadow
of
any
ground
to
lay
it
to
his
Charge
,
beside
that
dull
and
evident
mistake
of
a
Translator
.
But
on
the
contrary
he
carried
away
the
Title
of
Doctissimus
in
his
own
time
,
that
is
frequently
given
him
by
Theodatus
King
of
the
Goths
,
and
the
Fathers
of
the
5th
General
Council
,
all
these
are
pregnant
Proofs
of
a
natural
Fool.
But
what
shall
we
say
to
his
Administration
of
publick
Affairs
,
when
the
Empire
never
flourished
more
under
any
Prince
then
his
Government
,
when
he
not
only
preserved
and
emproved
what
he
was
possest
of
,
but
recovered
all
that
had
been
lost
and
secured
it
to
his
Successors
,
by
fortifying
it
on
all
sides
against
the
Incursions
of
all
Enemies
.
If
these
are
the
sports
and
projects
of
a
Fool
,
I
would
be
inform'd
by
our
worthy
Historian
what
undertakings
are
becoming
a
wise
man
.
But
as
for
the
Learned
Librarian
whil'st
he
goes
about
to
stop
this
hole
of
his
Author
,
he
has
made
a
much
wider
mistake
of
his
own
,
by
excusing
it
that
the
Author
only
intends
this
Character
not
of
the
vigour
of
Justinian's
Age
,
but
of
his
Dotage
.
This
excuse
if
it
were
true
is
very
key-cold
,
but
it
is
enough
that
the
Comment
contradicts
the
Text
,
for
the
Author
speaks
plainly
of
the
Emperors
natural
Constitution
and
habitual
course
of
his
life
,
and
therefore
to
Apologize
for
such
a
false
Character
by
applying
it
to
the
time
of
dotage
,
is
to
confess
his
Author
a
false
Calumniator
,
for
dotage
is
no
natural
folly
.
But
if
he
had
doted
,
what
then
?
Is
it
not
base
and
disingenious
to
upbraid
a
Great
Man
with
the
natural
infirmities
of
extreme
old
Age
?
He
lived
to
the
utmost
bounds
of
Nature
,
and
if
he
out-lived
himself
,
can
any
man
of
sense
or
manners
,
think
it
decent
or
ingenuous
to
brand
him
to
all
Posterity
,
with
the
mark
of
a
Fool
and
an
Ass
?
But
then
beside
this
the
excuse
is
false
,
for
the
Anecdota
are
pretended
to
have
been
written
Seven
Years
before
Justinian's
death
,
in
which
Interval
of
Time
he
perform'd
many
great
Actions
,
as
may
be
seen
at
large
in
Agathias
de
rebus
Justiniani
,
&
Procopius
de
Aedificiis
.
And
yet
Alemannus
after
h●s
rate
of
pertinent
Quotation
cites
Agathias
on
his
side
,
for
relating
that
the
Emperor
in
his
extreme
old
Age
chose
to
quit
the
designs
of
War
,
and
betake
himself
to
Artifice
and
stratagem
not
to
destroy
the
Enemies
of
the
Empire
by
hazardous
Battels
,
but
by
dividing
them
among
themselves
,
by
which
Wisdom
he
destroyed
the
Nation
of
the
Huns
only
by
making
and
enflaming
dissensions
among
themselves
,
and
so
free'd
the
Empire
of
one
of
its
greatest
Plagues
forever
.
This
great
reach
of
Policy
is
the
last
Act
that
we
hear
of
in
his
life
and
that
was
no
Act
of
Folly
,
though
Alemannus
is
so
great
a
Fool
himself
as
to
alledge
it
to
prove
the
Emperor
one
,
nay
worse
than
this
,
Praefat.
Pag.
3.
he
has
suffer'd
his
passion
to
be
transported
to
that
degree
of
Malice
,
as
to
alledge
it
in
confirmation
of
the
Anecdota
,
as
an
instance
of
the
Emperors
Craft
and
Treachery
beyond
the
common
Capacity
of
Humane
Nature
,
De
illius
fraudibus
atque
fallaciis
uberius
quàm
Procopius
scripsit
Agathias
Myrrhinaeus
;
nam
&
artes
&
Epistolarum
exempla
profert
,
quibus
Hunnorum
ducibus
ad
invidiam
&
odia
excitatis
,
&
ad
civilia
bella
crudelissimo
dissidio
inflammatis
,
eam
gentem
penitùs
abolevit
.
This
it
is
to
have
a
good
Will
to
a
Cause
,
every
thing
will
serve
for
a
weapon
to
strike
an
Enemy
.
What
he
did
afterward
,
and
how
he
died
,
is
unknown
to
us
,
all
the
Ancients
,
which
is
strange
,
being
utterly
silent
in
it
.
Some
Modern
Writers
say
he
died
mad
,
but
they
mistake
him
for
his
Nephew
and
Successor
Justin
,
who
run
mad
with
the
ill
Success
of
his
Wars
against
the
Persians
,
but
as
for
Justinian
there
is
nothing
certain
concerning
him
after
the
end
of
Agathias
his
History
,
and
that
is
about
two
years
before
his
death
,
unless
it
be
that
he
retired
from
the
Affairs
of
this
Life
,
to
prepare
himself
for
the
next
,
as
Corippus
informs
us
,
Nulla
fuit
jam
cura
senis
,
Lib.
2.
jam
frigidus
omnis
Alterius
vitae
solo
fervebat
amore
,
In
coelum
mens
omnis
erat
,
jam
corporis
hujus
Immemor
,
hanc
mundi
faciem
transisse
putabat
.
This
is
spoken
in
the
Person
of
his
Successor
Justin
,
to
excuse
the
Miscarriages
of
his
Uncles
Reign
,
that
they
were
the
defects
of
his
old
Age
,
when
he
gave
over
his
Care
of
the
Publick
.
And
yet
Baronius
and
Alemannus
make
use
of
the
Authority
of
Co●ippus
to
prove
that
Justinian
run
his
Exchequer
deep
in
debt
to
his
Subjects
▪
when
this
was
not
done
till
Justinian
had
resigned
the
Government
into
other
mens
hands
.
But
Alemannus
is
so
ingenuous
,
as
to
leave
this
Note
upon
this
passage
,
how
dully
the
Poet
endeavours
to
turn
his
stupidity
into
devotion
,
Ex
quibus
intelligas
quàm
frigidè
Corippus
eam
stoliditat●●
in
sanctimoniam
accipiat
ac
interpretetur
,
but
if
the
Text
be
dull
,
the
Comment
is
much
more
so
,
without
any
ground
or
pretext
,
to
conclude
his
Devotion
to
have
been
nothing
but
Dotage
and
Folly
.
§
.
XXX
.
The
next
Link
in
this
Emperors
long
Chain
of
Vertues
is
twisted
up
of
the
most
oppressive
Covetousness
and
the
most
profuse
Prodigality
,
and
it
is
the
second
part
of
the
Character
of
Don
John
,
a
man
made
up
of
nothing
but
Contradictions
,
a
natural
Fool
and
a
crafty
Knave
;
a
griping
Extortioner
,
and
a
careless
Prodigal
.
But
the
Libeller
it
seems
is
resolved
to
say
all
the
ill
things
of
him
,
that
are
to
be
said
of
all
the
ill
men
in
the
World
,
and
therefore
has
in
his
crude
and
indigested
way
amass'd
together
all
the
Common-Places
of
Rudeness
and
Calumny
.
But
though
profuseness
be
inconsistent
with
Covetousness
,
yet
because
it
is
not
so
with
oppression
,
but
is
rather
supported
by
it
,
being
a
bottomless-pit
that
devours
all
things
,
therefore
we
will
consider
these
Vices
apart
,
and
examine
what
instances
of
either
are
to
be
found
in
the
Reign
of
Justinian
.
First
then
as
for
Prodigality
,
it
is
a
Childish
kind
of
Vice
that
wasts
it self
in
wanton
and
unnecessary
expences
.
Now
I
pray
what
were
the
trifles
upon
which
this
Emperor
laid
out
the
publick
Revenues
?
What!
he
exhausted
it
in
Presents
to
the
Barbarians
,
and
in
putting
shackles
upon
the
Ocean
.
But
was
this
all
?
If
it
were
not
,
then
is
it
a
malicious
slander
in
the
Author
of
the
Anecdota
to
over-look
all
his
other
magnificent
works
,
and
insist
so
impetuously
upon
it
,
as
if
these
two
had
been
the
only
sinks
of
all
these
immense
expences
.
And
this
thing
alone
lays
open
both
the
Malice
and
the
Folly
of
the
Man
;
for
no
man
of
any
Sense
or
Modesty
could
either
have
dared
to
record
it
,
or
expect
to
gain
belief
to
it
,
when
it
is
so
apparently
contradicted
not
only
by
the
whole
History
of
the
Justinian
Reign
,
but
by
the
very
Libel
it self
.
For
when
he
makes
mention
of
the
Wars
with
the
Persians
,
the
Goths
,
and
the
Vandals
,
I
would
know
whether
nothing
were
expended
in
defraying
the
Charges
of
those
great
Expeditions
.
And
if
they
cost
any
thing
,
then
all
the
publick
Treasury
was
not
exhausted
in
Gifts
to
the
Barbarians
,
and
unprofitable
Sea-walls
.
But
for
our
better
satisfaction
,
let
us
briefly
audit
his
Accounts
,
and
then
we
shall
find
that
no
Prince
ever
did
so
great
things
for
the
Common-wealth
,
with
so
little
Charge
to
the
Subject
:
so
hard
a
thing
is
it
to
defend
him
from
the
Malice
of
his
Enemies
without
writing
●anegyricks
upon
all
his
Actions
,
so
Heroick
and
Glorious
was
the
whole
Course
of
his
Reign
.
At
present
to
say
nothing
of
his
many
great
and
successful
Wars
,
that
could
not
but
require
an
immense
Treasury
to
maintain
them
,
though
as
they
were
managed
,
they
more
then
paid
their
own
Charges
,
as
I
shall
shew
anon
.
The
vast
number
of
his
Allyes
put
him
to
prodigious
expenses
,
especially
in
the
Circumstances
of
his
Reign
:
For
he
being
a
great
Lover
of
his
Religion
spared
neither
Cost
nor
Pains
for
its
Propagation
,
and
he
gave
himself
one
great
advantage
in
it
by
his
Bounty
and
Courtesie
to
Ambassadors
,
and
Gentlemen
of
Forreign
Nations
,
who
repairing
from
all
parts
to
Constantinople
,
to
see
the
grandeur
of
that
Court
then
famous
through
all
the
World
,
and
being
overcome
by
the
great
kindness
and
urbanity
of
the
Prince
,
they
return'd
home
with
a
kind
of
transported
opinion
of
the
Christian
civility
.
And
the
good
Emperor
,
the
better
to
compass
his
pious
designs
,
sent
some
of
his
best-bred
Clergy
to
wait
upon
them
home
,
who
by
the
Modesty
and
Neatness
of
their
Address
rivetted
such
an
Interest
at
Court
,
as
easily
made
way
for
the
entertainment
of
the
Christian
Faith
.
And
by
this
means
he
reformed
the
barbarous
People
with
much
more
fineness
then
Constantine
did
the
Empire
.
For
when
that
great
Prince
had
once
declared
for
the
Christian
Faith
,
all
Orders
and
Professions
of
men
naturally
flock't
into
it
for
Interest
and
Preferment
,
whereas
this
great
Prince
won
and
vanquish't
several
Nations
not
at
all
subject
to
his
Empire
by
nothing
but
the
Power
of
Courtesie
and
Civility
.
The
first
that
were
reduced
,
were
the
Blemmyes
and
Nobatae
two
barbarous
African
Nations
,
De
bello
〈◊〉
lib.
1.
cap.
19.
situated
on
the
other
side
the
Nile
,
that
to
that
tim●
worship't
the
old
Egyptian
Idols
,
Isis
,
Osyris
,
and
Priapus
,
and
kept
up
that
inhumane
Custom
of
humane
Sacrifices
;
all
whose
Temples
were
demolish't
by
Justinian
,
their
Priests
Cashier'd
and
imprisoned
,
and
their
obscene
Images
sent
to
Constantinople
,
and
there
destroyed
,
and
that
put
an
end
to
that
old
Superstition
.
The
next
were
the
Eruli
,
De
Bello
Gothico
.
lib.
2.
cap.
14.
seated
on
the
North
side
the
Ister
,
these
exceeded
the
former
in
the
barbarity
of
their
manners
,
for
beside
the
Humane
Sacrifices
to
their
Gods
,
it
was
a
Religious
Custom
among
them
to
cut
the
Throats
of
all
old
and
sick
People
,
and
the
duty
of
Wives
to
hang
themselves
at
their
Husbands
Graves
.
These
People
in
the
time
of
Anastasius
being
vanquish't
by
the
Long-beards
,
seated
themselves
on
this
side
the
Ister
,
and
submitted
to
the
Jurisdiction
of
the
Empire
,
without
any
Change
of
their
Religion
;
but
Justinian
so
wrought
upon
them
as
to
bring
them
over
to
the
profession
of
the
Christian
Faith
,
though
such
was
the
innate
petulancy
of
the
Nation
,
that
it
was
little
to
its
Credit
,
because
though
they
took
up
a
new
Religion
,
they
for
the
most
part
kept
up
their
old
manners
.
De
Bello
Gothico
lib.
4.
cap.
3.
The
third
were
the
Abasgi
inhabiting
at
the
Foot
of
the
Mountain
Caucasus
,
a
barbarous
sort
of
People
that
worshipt
Trees
for
Gods
,
though
the
worst
barbarity
practiced
among
them
was
the
Custom
of
their
Princes
to
make
all
their
handsome
Youths
Eunuchs
and
sell
them
to
the
Romans
.
But
Justinian
finding
the
Court
full
of
Boys
of
this
Nation
,
sends
Euphrates
a
grave
Eunuch
to
prevail
with
the
Prince
for
the
time
to
come
,
to
lay
aside
this
barbarous
Custom
,
and
imbrace
the
civility
of
the
Christian
Faith
,
and
succeeding
in
it
,
he
sent
a
Christian
Bishop
to
instruct
and
govern
them
,
and
built
for
their
use
a
Cathedral
Church
dedicated
to
the
Virgin
Mary
.
De
Bello
Gothico
lib
▪
4.
cap.
4.
These
were
followed
by
the
Tetraxitae
inhabiting
upon
the
River
Tanais
,
where
it
discharges
it self
into
the
Lake
Maeotis
,
who
being
a
wild
and
barbarous
sort
of
Christians
,
and
hearing
that
the
great
Christian
Emperor
had
sent
a
Bishop
to
the
Abasgi
,
they
request
the
same
favor
of
him
for
themselves
,
a
Request
that
was
no
doubt
with
more
ease
granted
than
it
was
asked
.
The
next
are
the
Inhabitants
about
Pentapolis
in
Lybia
,
De
A●●isiciis
lib.
5●
cap.
2.
that
worshipt
Jupiter
Ammon
and
Alexander
the
Great
,
these
the
Emperor
with
great
pains
,
reclaimed
from
their
Superstition
to
the
Christian
Faith
,
and
built
for
them
a
Temple
consecrated
to
the
Virgin
Mary
.
And
what
is
the
hardest
of
all
,
De
Ae●ificiis
lib.
6.
cap.
4.
who
retain'd
the
old
barbarous
Superstition
of
Greece
,
whom
he
brought
off
to
Christianity
,
and
encompassed
their
City
of
Sabaratha
with
Walls
,
and
founded
a
Church
in
it
for
the
Service
of
God
.
To
these
may
be
added
the
Iberians
who
are
commended
by
Procopius
as
the
best
of
the
Christian
Converts
,
De
Bello
Pers.
lib.
1.
cap.
12.
and
them
the
Emperor
protected
from
the
fury
of
the
barbarous
Persians
,
and
with
great
sums
of
Money
hired
the
Huns
to
come
to
their
assistance
.
De
Aedificiis
lib.
3.
cap.
6.
And
to
mention
no
more
,
the
conversion
of
the
Zani
seems
more
remarkable
then
all
the
rest
;
they
inhabited
a
barren
Country
on
the
North
of
Armenia
,
were
subject
to
no
settled
Government
,
but
lived
like
herds
of
beasts
,
worshipt
Trees
and
Birds
for
their
Gods
,
and
subsisted
upon
nothing
but
plunder
and
robbery
,
but
being
vanquisht
by
Justinian
,
who
was
the
first
that
ever
master'd
them
,
they
imbraced
the
Christian
Faith
,
and
at
the
same
time
cast
off
their
barbarous
Manners
,
and
the
Empeeror
,
to
secure
their
perseverance
,
built
them
a
stately
Church
.
These
correspondencies
I
hope
are
no
Childrens
Rattles
,
for
beside
their
great
piety
in
bringing
over
so
many
barbarous
People
to
the
Christian
Faith
,
it
was
a
mighty
Point
of
State
to
unite
Religion
as
well
as
Interest
,
that
being
the
strongest
Cement
of
all
Allyances
.
So
that
laying
all
this
together
,
the
Emperor
's
generous
bounty
to
all
Strangers
,
his
religious
care
of
all
his
Allies
,
his
bestowing
magnificent
Churches
upon
all
co●verted
Nations
,
it
is
at
once
an
undenyable
proof
of
his
Prudence
and
Piety
,
and
as
great
a
reproof
to
all
charges
of
profuseness
and
prodigality
.
This
is
the
first
sum
of
his
Accounts
,
which
I
am
sure
the
Reader
,
if
he
be
either
a
good
Christian
or
a
wise
Man
,
cannot
but
sign
with
approbation
and
applause
.
The
next
head
of
Accounts
to
be
cast
up
are
his
immense
Buildings
,
though
that
account
is
already
stated
above
,
and
may
be
done
much
more
particularly
out
of
Procopius
de
Aedificiis
,
from
whom
it
evidently
appears
,
not
only
what
incredible
sums
of
Money
he
expended
,
but
to
what
good
purpose
,
all
his
Works
being
contrived
for
the
benefit
of
Mankind
and
the
security
of
the
Empire
.
But
yet
however
let
us
examine
those
heavy
grievances
against
which
this
Tribunitian
Sophists
inveighs
with
so
much
rage
and
keenness
.
And
first
,
as
for
his
Fences
against
the
Sea
,
there
is
not
one
by
Procopius
his
own
account
,
that
was
not
absolutely
necessary
against
the
most
dangerous
and
sweeping
Inundations
.
De
Aedificiis
lib.
5.
cap.
5.
Thus
the
City
Tarsus
had
been
lately
drown'd
by
the
River
Cydnus
,
against
which
Calamity
the
Emperor
provided
so
effectually
by
Bridges
and
Walls
,
and
diverting
part
of
the
Water
into
other
Chanels
,
as
to
take
off
the
force
of
those
Inundations
,
and
for
the
time
to
come
to
secure
the
Inhabitants
from
that
danger
.
And
the
same
was
the
case
of
the
City
of
Juliopolis
against
the
River
Siberis
,
Ibid.
cap.
4.
that
the
Emperor
upon
news
of
the
destruction
of
great
numbers
of
Men
by
its
suddain
Inundation
,
provided
against
the
mischief
forever
by
strong
Bridges
and
impregnable
Walls
.
Ibid.
cap.
2.
Of
the
same
nature
was
the
River
Dracho
at
Helenopolis
in
Bithynia
,
de
Aedificiis
in
his
waggish
way
under
pretence
of
praising
it
has
jear'd
it
,
to
prepare
his
way
for
exposing
it
the
more
broadly
in
the
Anecdota
.
But
again
I
pray
how
has
he
jear'd
it
?
Why
,
he
says
,
that
it
was
a
work
truly
becoming
a
great
Prince
,
and
was
built
by
Justinian's
own
skill
and
industry
,
who
himself
attended
to
every
thing
,
but
the
dibursements
of
Money
.
From
whence
our
learned
Commentator
ingenuously
infers
that
he
built
it
without
taking
care
to
defray
its
Charges
.
Whereas
the
Historian's
apparent
design
is
to
magnifie
both
the
greatness
of
the
Works
and
of
the
Emperor
;
The
works
,
he
says
,
were
so
great
,
that
he
could
not
express
them
,
but
that
in
short
as
great
as
they
were
,
the
Emperor
himself
had
the
management
of
all
things
,
but
defraying
the
Expences
.
Now
from
hence
to
draw
Alemannus
his
Inference
,
that
he
wholly
neglected
them
,
is
nothing
but
a
contradiction
to
his
Author
,
who
commends
the
Emperor
for
sparing
neither
pains
nor
money
,
only
he
left
the
money-part
to
other
Mens
management
,
but
took
the
work
it self
into
his
own
hands
.
As
indeed
he
was
Architect
as
well
as
Founder
of
all
his
own
Buildings
.
He
sent
for
the
most
famous
Artists
from
all
Parts
of
the
World
,
among
whom
the
most
eminent
were
Anthemius
of
Tral●is
,
Isidorus
of
Milesia
,
Chryses
of
Alexandria
,
but
as
great
Men
as
they
were
reputed
in
their
Way
,
they
were
out-done
by
the
Emperor
in
Skill
and
Contrivance
;
for
he
drew
up
the
Models
himself
,
and
they
were
little
more
than
hi●
Workmen
that
followed
his
directions
:
De
Aedificiis
lib.
1.
●ap
▪
●
.
Insomuch
that
when
they
despair'd
of
finishing
the
Church
of
Sancta
Sophia
(
a
Structure
,
they
say
,
equal
to
the
Temple
of
Solomon
for
magnificence
and
beauty
)
by
reason
of
its
great
height
and
great
weight
upon
it
,
so
that
some
of
the
Pillars
and
Arches
began
to
fail
,
he
gave
them
such
directions
how
to
carry
on
the
Work
,
that
they
made
it
firm
and
brought
it
to
perfection
.
Neither
secondly
does
Procopius
affirm
this
of
that
particular
Structure
in
the
Heraeum
,
but
of
all
the
Emperor's
Buildings
,
in
which
he
concern'd
himself
as
to
every
part
but
the
disbursements
of
Money
:
And
that
was
an
equal
commendation
of
his
ingenuity
and
generosity
.
Neither
thirdly
was
it
an
hint
to
prepare
the
way
for
this
broad
story
in
the
Anecdota
,
when
that
was
written
so
many
years
after
this
,
so
unhappy
is
this
Vatican
Tinker
,
that
when
ever
he
goes
about
to
patch
up
his
Authors
Mistakes
,
he
makes
them
wider
.
And
in
truth
the
Books
de
Aedificiis
are
an
everlasting
Monument
both
of
the
greatness
and
the
usefulness
of
Justinian's
Foundations
;
that
neither
time
nor
malice
nor
envy
will
ever
be
able
to
impair
.
But
to
return
to
the
Author
himself
,
when
he
concludes
this
woful
ditty
of
expending
so
much
Money
in
giving
bounds
to
the
Sea
,
with
this
serious
Remark
,
that
he
in
vain
wrastled
with
the
fury
of
the
Waves
only
out
of
vain-glory
to
vanquish
the
Sea
it self
.
The
malice
is
chill
as
the
touch
of
a
dead
Man's
hand
,
without
life
or
Satyr
,
all
flegm
and
dullness
,
just
as
if
a
Man
designing
an
Invective
against
the
State
of
Venice
,
should
seriously
declaim
against
them
for
defrauding
the
Sea
of
its
true
and
ancient
Rights
,
just
such
is
the
complaint
against
Justinian
,
that
he
should
attempt
to
set
new
bounds
and
confinements
to
the
Ocean
.
As
for
the
other
bottomless
pit
of
Expences
,
viz.
gifts
to
the
Barbarians
,
every
Man
knows
,
that
when
a
Man
is
prest
with
Enemies
on
all
sides
,
there
is
no
fighting
them
all
without
the
silver
Weapon
,
and
to
buy
Peace
of
some
is
the
most
speedy
way
to
vanquish
all
.
And
this
was
the
Policy
of
Justinian
,
he
was
content
to
buy
Peace
of
the
Persians
,
when
he
undertook
the
Vandalick
War
,
and
when
that
was
done
,
he
soon
forced
them
to
buy
Peace
of
him
,
and
thus
by
fighting
his
Enemies
singly
,
and
fencing
off
the
rest
,
he
at
last
Master'd
all
.
A
policy
both
just
and
laudable
in
it self
,
practiced
by
the
greatest
and
wisest
Princes
,
and
indeed
it
is
impossible
to
wage
War
without
it
,
and
therefore
this
exception
of
buying
off
the
Barbarians
i●
not
less
dull
and
peevish
than
that
of
banking
out
the
Sea
.
And
as
for
the
great
gifts
to
the
Huns
,
that
our
Author
particularly
complains
of
,
we
have
already
seen
how
well
they
were
bestowed
;
the
Empire
had
been
harrassed
by
their
continual
Incursions
ever
since
the
time
of
Valens
,
and
they
were
so
very
numerous
,
that
it
was
an
endless
work
to
destroy
them
;
so
that
as
fast
as
one
Army
was
cut
off
,
another
was
poured
in
.
And
therefore
the
Emperor
takes
a
wiser
course
to
divide
them
among
themselves
,
and
to
supply
both
Parties
with
Money
to
destroy
each
other
:
And
he
managed
them
with
that
Art
and
Vigor
,
that
the
Huns
themselves
left
not
the
very
name
of
their
own
Nation
,
by
which
Artifice
the
Empire
was
deliver'd
from
its
greatest
Plague
to
all
future
Ages
.
Now
can
any
Man
be
so
disingenuous
as
to
cry
out
here
,
what
need
of
this
Expence
;
or
can
any
Man
assign
me
an
Instance
of
Money
better
laid
out
for
the
good
of
the
Common-Wealth
,
than
to
destroy
so
great
an
Enemy
for
ever
without
the
loss
of
a
Subject
?
And
therefore
though
the
People
of
Constantinople
at
first
murmur'd
against
it
,
to
see
the
Barbarians
depart
loaded
with
so
much
Wealth
,
yet
when
they
saw
the
Event
,
they
could
not
enough
praise
and
admire
the
Emperor's
great
Conduct
and
Wisdom
.
§
.
XXXI
.
The
next
Topick
of
Calumny
is
oppression
and
continual
fleecing
of
the
Subject
;
but
without
any
instance
to
abet
the
Charge
,
and
therefore
I
need
at
present
only
oppose
to
it
the
contrary
Character
that
is
given
of
this
Prince
by
his
Successor
,
Quem
non
hominem
pietate
benignâ
Continuit
,
fovit
,
monuit
,
nutrivit
,
amavit
,
Et
tamen
innocuo
plures
voluere
nocere
?
Non
caret
invidiâ
regni
locus
.
But
I
shall
not
concern
my self
to
wipe
it
off
,
till
we
come
to
his
allegation
of
Particulars
in
the
11
th
Chapter
,
and
there
we
shall
see
that
all
the
ground
of
this
pretended
Crime
was
the
Emperor's
putting
the
Laws
in
execution
against
Jews
,
Heathens
,
Samaritans
,
Sodomites
,
and
the
whole
herd
of
Hereticks
,
which
our
ingenuous
Author
is
pleased
to
surmise
,
was
not
done
out
of
any
regard
to
Religion
,
but
out
of
pure
love
to
Fines
and
Confiscations
.
But
in
the
next
place
he
was
very
like
Domitian
in
the
shape
and
features
of
his
Body
,
who
being
torn
in
pieces
by
the
Assassinates
,
the
Senate
decreed
that
there
should
be
no
Statue
or
any
other
Monument
erected
to
his
Memory
;
but
his
Empress
being
a
vertuous
Lady
,
and
extremely
beloved
of
all
Men
,
they
gave
her
leave
to
ask
what
she
pleased
,
and
it
should
be
granted
.
She
begs
her
Lords
Body
,
and
leave
withal
to
erect
only
one
Statue
of
Brass
to
his
Memory
.
This
is
granted
,
and
she
to
leave
a
Monument
of
the
Assassinates
Cruelty
to
Posterity
,
gathers
the
fragments
of
the
Body
,
and
unites
them
into
one
Spectacle
of
horror
,
from
whence
was
taken
his
Statue
,
that
to
this
day
stands
at
the
descent
or
foot
of
the
Capitol
.
What
pains
are
here
taken
to
hale
in
a
pitiful
piece
of
Malice
?
For
what
if
Justinian
had
the
ill
luck
to
be
like
Domitian
,
what
follows
but
that
Domitian
had
the
good
luck
to
be
like
Justinian
?
But
not
to
honor
so
mean
a
Calumny
with
any
Answer
,
the
story
it self
is
all
fable
and
ignorance
,
for
there
is
no
such
Report
in
any
of
the
ancient
Greek
or
Latin
Historians
.
Suetonius
,
Dio
Cassius
,
Philostratus
,
Sextus
Aurelius
,
who
are
very
nice
and
particular
in
the
Story
,
relate
it
quite
another
way
in
all
circumstanc●s
.
They
say
nothing
of
his
being
cut
in
pieces
,
but
only
that
he
was
kill'd
with
seaven
Wounds
;
Nothing
of
his
Bodies
being
begg'd
by
the
Empress
Domitia
,
but
that
it
was
buried
by
Phillis
the
Chamber-Maid
,
nothing
of
her
erecting
a
Statue
as
a
Monument
of
the
barbarous
Cruelty
of
the
Conspirators
,
but
that
she
her self
was
the
head
and
Contriver
of
the
whole
Conspiracy
.
Where
then
this
barbarous
Writer
could
pick
up
the
Fable
,
I
cannot
divine
,
unless
it
be
that
he
lived
in
an
Age
,
when
it
was
the
fashion
to
debauch
all
the
ancient
History
with
Fable
and
Romance
.
But
all
this
,
says
Alemannus
,
detracts
nothing
from
the
truth
of
the
Procopian
report
,
because
the
Ancients
do
not
contradict
it
.
But
all
this
,
say
I
,
demonstrates
it
to
be
a
palpable
false-hood
,
because
they
do
nothing
but
contradict
it
.
Yet
however
(
he
says
)
the
thing
is
evidently
proved
by
the
brazen
Statue
extant
in
the
Authors
own
time
.
But
this
pieces
exactly
with
all
the
rest
of
the
story
,
for
there
never
was
any
such
Statue
seen
before
or
since
.
And
yet
such
a
remarkable
thing
could
never
have
escaped
the
observation
of
other
Writers
if
it
had
continued
so
long
a
time
in
so
eminent
a
place
.
So
that
the
Statue
is
so
far
from
proving
the
rest
,
that
it
disproves
it self
,
and
only
proves
that
the
Founder
of
the
Tale
lived
in
a
barbarous
Age
,
when
Men
scribled
any
thing
without
being
accountable
for
the
truth
of
their
Reports
.
But
beside
all
this
't
is
very
likely
and
becoming
Romantick
tale
,
that
when
a
Man
has
been
hewed
▪
and
chopt
to
bits
,
they
should
again
be
so
pieced
together
,
that
from
thence
any
Man
should
be
so
subtile-sighted
as
to
discern
the
exact
shape
of
his
Body
and
Features
of
his
Face
.
And
yet
that
we
must
suppose
in
this
story
of
the
great
resemblance
between
Domitian
and
Justinian
.
Though
when
all
is
done
we
are
still
harping
upon
the
burden
of
Don
John
,
for
if
we
compare
their
several
descriptions
,
as
they
are
drawn
by
Suetonius
and
our
pretended
Procopius
,
Domitian
was
a
very
tall
and
a
very
fat
man
,
but
Justinian
of
a
middle
stature
,
and
a
moderate
habit
of
body
.
But
however
if
he
resemble
him
not
in
shape
,
he
did
so
in
Rapine
and
Cruelty
:
as
for
example
,
he
it
was
that
was
the
first
Prince
that
punish't
Hereticks
with
temporal
Penalties
,
Enacting
Dracho's
Laws
against
those
innocent
Dissenters
,
Montanists
,
Sabbatians
,
Arians
,
Nestorians
,
Manichees
,
Jews
,
Sodomites
,
Pagans
,
and
Astrologers
,
only
to
enrich
himself
by
seizing
the
forfeitures
of
their
Estates
.
This
indeed
is
a
Tragical
Story
,
but
so
like
the
Author
himself
,
that
it
would
have
been
great
pity
if
it
had
been
omitted
.
And
though
it
is
more
then
enough
confuted
by
the
account
,
that
I
have
given
above
of
this
Princes
Ecclesiastical
Laws
,
yet
because
the
passage
is
of
a
remarkable
strein
,
and
so
well
stuft
with
lucky
mistakes
,
I
will
be
at
the
pains
to
transcribe
it
,
to
satisfie
the
Reader
that
it
is
impossible
that
it
could
ever
have
been
written
by
any
man
that
was
not
an
utter
stranger
to
all
the
Affairs
of
that
Age.
Thus
then
the
black
Tragedy
begins
.
There
are
in
the
Roman
Empire
divers
Sects
of
Christians
,
commonly
call'd
Heresies
,
as
Montanists
,
Sabatians
,
and
several
others
that
poysoned
the
People
.
All
these
he
commanded
to
quit
their
own
Sentiments
,
threatning
the
obstinate
among
other
Penalties
with
the
great
punishment
of
Intestability
.
In
the
Temples
of
these
Hereticks
,
especially
those
of
the
Arian
Sect
were
treasured
up
incredible
heaps
of
Wealth
:
so
that
neither
the
whole
Senate
it self
,
nor
any
other
eminent
Body
of
the
Roman
Empire
could
compare
with
these
Churches
for
abundance
of
Wealth
and
Riches
.
All
their
Furniture
and
Ornaments
were
of
Gold
,
Silver
and
precious
Stones
of
value
not
to
be
estimated
and
number
not
to
be
computed
,
beside
vast
Purchases
and
Estates
in
all
parts
of
the
World
;
no
Prince
having
ever
before
this
time
given
them
any
disturbance
;
so
that
they
were
able
to
relieve
and
maintain
out
of
their
common
stock
great
numbers
of
the
Orthodox
Christians
.
The
Treasures
of
these
wealthy
Churches
were
seized
on
and
made
a
Prey
to
the
Emperor
,
to
the
utter
undoing
of
vast
numbers
of
Subjects
.
And
his
Officers
prowling
up
and
down
into
all
parts
,
forced
upon
all
Men
the
change
of
the
Religion
,
in
which
they
were
educated
.
The
Countrey
People
thought
this
Inquisition
too
oppressive
,
and
from
that
thought
proceed
to
think
of
making
resistance
against
it
,
but
are
sacrificed
by
the
Imperial
Inquisitors
:
Others
out
of
superstitious
madness
cut
their
own
Throats
,
and
vast
numbers
deserted
their
native
Countrey
.
The
followers
of
Montanus
in
Phrygia
locking
up
themselves
in
their
Churches
,
set
fire
on
them
and
perisht
together
with
them
,
and
from
this
time
forward
there
was
nothing
to
be
seen
throughout
the
whole
Roman
Empire
but
Slaughters
and
Desolations
.
And
the
same
Law
being
executed
upon
the
Samaritans
,
it
occasion'd
wild
Tumults
in
Palestine
,
but
those
of
my
Native
City
of
Caesarea
counterfeited
themselves
Christians
,
to
escape
the
severity
of
the
Laws
,
though
some
of
the
more
honest
sort
proved
real
Converts
.
But
the
greater
part
disdain'd
to
be
hector'd
out
of
the
Religion
of
their
Fore-fathers
,
in
meer
spite
rather
than
turn
Christians
,
turn'd
Manichees
and
Pagans
.
Till
at
last
the
Boors
rise
in
Arms
against
the
Emperor
,
and
chose
Julian
the
Son
of
Sabaris
for
their
Leader
,
but
after
a
long
and
doubtful
fight
with
the
Imperial
Forces
are
vanquisht
and
their
General
slain
,
there
being
,
as
't
is
credibly
reported
,
no
less
than
an
hundred
thousand
Men
slain
in
the
Battel
.
The
best
Estates
being
thrown
up
by
the
Farmers
,
the
Landlords
,
that
were
Christians
,
were
the
greatest
Losers
,
who
though
they
received
no
Rents
were
forced
to
pay
heavy
annual
Taxes
to
the
Emperor
;
that
were
exacted
without
mercy
or
abatement
.
This
being
done
,
in
the
next
place
he
turns
his
Fury
upon
the
Heathens
,
cutting
their
Throats
and
siezing
their
Estates
,
and
they
that
counterfeited
Christianity
only
to
escape
the
fury
of
the
Inquisition
,
were
watch't
so
diligently
,
as
some
time
or
other
to
be
snapt
at
their
old
prophane
Rites
and
Sacrifices
.
How
he
treated
the
Christians
we
shall
declare
afterward
.
In
the
next
place
he
prohibited
Sodomy
,
punishing
the
Offenders
not
from
the
date
of
the
Law
,
but
from
any
time
before
.
And
these
he
punisht
,
though
none
prosecuted
,
upon
no
other
Evidence
than
the
Testimony
of
a
Boy
or
a
Servant
,
and
that
extorted
,
against
his
own
Master
.
And
those
that
were
found
Guilty
were
punisht
with
the
loss
of
their
Privy
Members
.
Though
at
first
this
severity
did
not
extend
to
all
,
but
only
to
the
Prasini
,
and
the
Men
of
great
Estates
,
or
those
that
were
cast
out
of
favor
.
Then
he
was
much
offended
with
the
Astrologers
or
Fortune-tellers
,
and
upon
that
account
disgracefully
whipt
divers
grave
and
honest
Men
through
the
City
.
Upon
all
which
accounts
vast
crowds
of
People
betook
themselves
not
only
to
the
Barbarians
,
but
to
the
farthest
distant
Countries
.
So
that
in
every
City
you
might
observe
Strangers
,
that
were
fled
from
home
,
to
hide
and
shelter
themselves
,
as
if
their
own
Country
had
been
laid
wast
by
some
commmon
Enemy
.
How
Justinian's
reign
was
all
ruin
and
desolation
to
the
Roman
Empire
we
have
seen
above
;
so
that
when
he
recover'd
those
two
great
branches
of
it
,
Africk
and
Italy
from
the
barbarous
People
,
that
great
reckoning
is
discounted
as
an
universal
Destruction
.
But
now
he
cannot
so
much
as
punish
an
Heretick
,
no
not
a
Sodomite
without
the
same
subversion
of
the
Roman
Empire
.
As
for
the
Laws
themselves
in
general
,
and
the
wisdom
of
enacting
them
,
and
the
good
effect
of
putting
them
in
execution
,
they
are
able
to
justifie
themselves
against
such
mean
and
impotent
Cavils
.
And
I
know
not
how
this
Author
could
more
have
betrayed
his
folly
,
malice
and
ignorance
than
by
blaming
such
wise
,
such
useful
and
such
necessary
Laws
to
that
height
of
aggravation
,
as
if
to
punish
Arians
,
Manichees
,
Sodomites
,
were
of
no
less
consequence
than
the
subversion
of
the
Roman
Empire
.
And
therefore
at
present
I
shall
not
trouble
my self
to
answer
a
Cavil
,
that
sinks
and
breaks
by
the
weight
of
its
own
folly
,
but
shall
content
my self
with
proving
the
Author
of
it
a
perfect
stranger
to
the
Records
and
Transactions
of
those
times
.
For
I
pray
what
could
have
been
contrived
more
absurd
than
the
story
of
the
infinite
Wealth
of
the
Arian
Hereticks
,
by
reason
of
that
undisturbed
Peace
and
Quiet
,
that
they
had
injoyed
under
all
former
Emperors
?
When
it
is
so
undenyably
evident
that
the
Sect
was
long
before
that
time
so
reduced
by
the
severity
of
former
Emperors
,
that
by
that
time
it
had
scarce
any
thing
left
but
the
name
within
the
Empire
.
And
for
this
reason
he
never
enacted
any
particular
Rescripts
against
them
,
nor
,
as
I
remember
,
makes
so
much
as
any
mention
of
them
,
unless
in
those
general
declarations
of
his
Faith
,
in
which
he
enters
his
Protestation
against
all
the
Heresies
,
that
either
then
were
or
ever
had
been
:
So
unfortunate
is
this
barbarous
Writer
in
this
Tale
of
the
infinite
Wealth
of
the
Arians
.
But
behold
the
strange
dexterity
of
the
Vatican
Librarian
at
an
excuse
,
Procopius
,
he
says
,
does
not
deny
that
the
Arians
were
prosecuted
by
former
Emperors
,
but
that
they
were
not
so
publickly
fin'd
in
all
Cities
,
but
rather
punisht
only
as
it
were
by
stealth
and
upon
certain
occasions
.
But
I
say
Procopius
here
says
,
as
plainly
as
words
can
express
,
that
they
were
not
punisht
at
all
,
and
therefore
when
Alemannus
says
that
he
does
not
say
it
,
for
civility
sake
,
I
will
say
no
more
than
that
he
says
an
untruth
.
Nay
it
is
not
only
destitute
of
,
but
contrary
to
the
most
known
and
undoubted
truth
it self
,
when
the
former
Emperors
pursued
them
with
that
rigour
and
severity
,
that
if
Justinian
had
design'd
to
set
up
an
Inquisition
,
he
would
have
wanted
Objects
to
vent
his
Cruelty
upon
.
There
were
only
a
few
stragling
Goths
of
that
Sect
at
that
time
,
and
these
were
particularly
excepted
out
of
the
first
Commission
for
prosecuting
all
other
Hereticks
:
so
ill
a
Botcher
is
our
Vatican
Commentator
at
patching
up
Apologies
.
But
though
he
has
every
where
betrayed
his
want
of
Skill
,
yet
he
has
no
where
fail'd
more
unfortunately
than
in
this
Paragraph
,
composed
of
no
other
materials
than
Excuses
,
that
apparently
contradict
the
Author
's
on
sense
.
Thus
when
the
Author
says
,
that
none
of
the
former
Emperors
ever
inflicted
any
Penalties
at
all
upon
Hereticks
,
the
meaning
of
that
,
says
he
,
is
not
that
he
did
not
inflict
any
at
all
,
but
not
so
much
.
And
now
again
when
the
Author
blames
Justinian
for
the
attempt
it self
:
No
,
no
,
says
Alemannus
,
he
only
blames
him
for
the
wrong
manner
of
putting
it
in
execution
.
But
this
is
a
direct
Affront
to
the
Author
's
own
Words
,
for
though
he
afterward
indeavors
to
aggravate
the
folly
of
the
Design
by
its
ill
consequences
,
yet
his
first
and
main
displeasure
is
vented
against
the
Design
it self
,
as
absurd
,
illegal
,
and
without
Precedent
,
as
is
undenyably
evident
from
the
passage
it self
.
But
still
his
hardest
task
is
to
bring
off
his
Author
from
his
angry
Censure
of
the
Laws
against
Sodomy
;
for
which
he
has
no
better
defence
than
that
Theophanes
thought
they
were
too
severe
,
so
that
himself
could
not
but
detest
them
.
And
yet
Theophanes
says
no
such
thing
,
but
only
that
they
were
severely
punisht
,
without
any
intimation
of
dislike
,
much
lesss
of
abhorrence
.
But
it
was
executed
upon
two
Thracian
Bishops
to
the
great
scandal
of
the
Church
,
whereas
Constantine
the
Great
would
rather
have
cover'd
them
in
the
Fact
with
his
Imperial
Robe
.
That
was
a
great
Complement
of
that
great
Emperor
,
and
't
is
likely
enough
,
that
if
the
Crime
had
been
known
to
himself
alone
,
such
was
his
generous
Nature
,
that
he
would
never
have
divulged
it
.
But
that
was
not
Justinian's
case
,
for
the
Crime
was
become
publick
before
it
came
to
his
knowledg
,
and
after
that
,
it
had
been
a
Scandal
with
a
witness
to
let
it
pass
unpunisht
.
But
that
after
all
,
is
the
thing
,
that
gauls
at
the
Court
of
Rome
,
that
a
Secular
Prince
should
challenge
any
Power
to
correct
Ecclesiastical
Persons
,
which
though
it
has
long
obtain'd
as
an
unquestionable
Rule
in
that
Court
,
yet
I
have
proved
through
the
whole
series
of
this
History
,
that
it
was
both
claim'd
by
all
the
Emperors
,
and
acknowledg'd
by
all
the
Popes
and
Councils
.
But
beside
,
as
for
this
story
of
Theophanes
concerning
the
two
Bishops
,
by
my
Rules
of
critick
Law
,
I
must
pass
it
for
meer
fable
,
because
destitute
of
timely
and
sufficient
Testimony
.
For
so
I
cannot
but
esteem
the
Reports
of
all
Writers
,
that
live
at
too
great
a
distance
of
time
from
the
matter
of
Fact
.
And
that
is
the
case
of
this
little
Story
,
there
are
no
foot-steps
of
any
Record
of
it
either
in
that
or
the
next
Ages
,
whereas
Theophanes
,
that
was
its
first
Founder
,
reports
it
not
till
above
250
years
after
it
was
done
;
and
then
what
reason
have
we
to
believe
him
in
a
matter
of
Fact
,
that
had
been
so
many
years
beyond
the
memory
of
Mankind
,
any
more
than
if
he
had
lived
at
twice
the
distance
of
time
?
For
when
a
thing
is
once
got
out
of
the
reach
of
the
memory
of
Man
,
an
hundred
and
a
thousand
years
are
the
same
thing
.
And
then
it
is
never
to
be
admitted
to
any
capacity
of
belief
without
some
more
credible
and
timely
Records
.
And
for
that
reason
I
have
industriously
neglected
all
the
latter
Greek
Historians
,
as
to
any
matter
of
Fact
done
at
any
considerable
distance
from
their
own
Age.
For
if
they
are
voucht
by
any
more
ancient
Authority
,
that
is
proof
enough
without
them
;
if
they
are
not
,
their
own
is
none
at
all
.
And
the
truth
is
they
are
so
much
addicted
to
the
humor
of
patching
Fables
to
the
ancient
Records
of
the
Church
,
that
whatever
we
find
in
them
not
reported
before
them
,
we
ought
for
that
reason
to
conclude
it
meer
Fable
and
Fiction
.
But
in
the
last
place
,
which
way
will
he
bring
off
his
Author
in
finding
fault
with
the
severity
of
this
Law
,
for
reaching
such
as
were
Offenders
before
its
publication
?
Joannes
Cappadox
was
put
upon
his
Treason
against
Justinian
by
their
instigation
.
And
for
this
reason
it
was
ever
punisht
with
the
greatest
severity
by
all
Princes
,
as
well
Heathen
as
Christian.
Under
the
heathen
Emperors
down
from
Caesar
himself
,
by
banishment
,
under
the
Christian
from
Constantine
,
by
death
.
And
yet
this
wretched
Satyrist
is
so
infatuated
as
to
inveigh
against
it
as
a
new
piece
of
Cruelty
in
Justinian
,
only
for
setting
them
in
a
disgraceful
posture
upon
Camels
,
and
so
whipping
them
through
the
City
,
when
by
the
Law
they
ought
to
have
been
executed
.
But
upon
occasion
of
this
fierce
censure
of
the
counterfeit
Procopius
upon
the
Emperor's
prosecuting
of
Heathens
and
Hereticks
,
it
is
become
a
dispute
what
Religion
the
true
Procopius
adhered
to
,
or
whether
to
any
at
all
.
Alemannus
will
have
him
an
Atheist
;
Rivius
and
Eichelius
a
bigotted
Pagan
,
but
they
are
both
apparently
too
severe
and
equally
in
the
wrong
:
when
through
all
his
Writings
he
expresses
so
high
a
sense
of
honor
and
kindness
for
the
Christian
Religion
,
especially
in
his
last
Books
de
Aedificiis
,
that
are
for
the
most
part
a
Panegyrick
upon
Justinian's
great
zeal
to
advance
and
propagate
the
Christian
Faith
.
And
let
the
Reader
only
peruse
the
first
Book
of
that
History
,
and
he
will
soon
be
satisfied
of
the
Author
's
own
sense
of
Religion
.
But
they
say
,
that
he
was
only
a
counterfeit
Christian
for
Interest
and
Preferment
.
But
this
they
may
say
,
if
they
please
,
of
any
Man
as
well
as
Procopius
.
But
he
has
dropt
some
loose
and
slite
Expressions
of
the
Christian
Religion
,
and
both
Parties
instance
in
the
passage
out
of
his
Books
de
Bello
Gothico
,
But
what
though
there
were
no
cruelty
in
executing
the
Laws
against
Dissenters
,
and
what
if
Justinian's
practice
was
warranted
by
the
Precedents
of
his
Predecessors
,
yet
they
spoil'd
not
a
good
work
as
he
did
,
by
doing
it
meerly
for
covetousness
.
For
that
,
says
our
ingenuous
Author
and
his
more
ingenuous
Commentator
,
was
the
only
thing
that
set
him
upon
the
Project
to
squeeze
all
their
Estates
into
his
own
Coffers
.
This
at
best
is
no
better
than
ill-natur'd
surmise
,
and
betrays
the
malignity
of
the
Man
,
for
how
can
he
look
into
any
other
Man's
secret
Intentions
?
and
if
he
cannot
,
to
pass
such
sowr
judgment
upon
them
,
can
proceed
from
nothing
but
Malice
and
Ill-will
.
But
as
ill-luck
will
have
it
here
too
,
the
matter
of
Fact
it self
lyes
cross
to
his
ill-nature
:
for
whereas
most
of
his
Predecessors
siezed
the
Fines
and
Forfeitures
into
their
own
Exchequer
,
Justinian
settles
them
upon
the
Church
;
thus
when
in
the
leading
Law
of
Arcadius
and
Honorius
all
Churches
of
Hereticks
,
and
all
Goods
and
Endowments
belonging
to
them
,
are
confiscated
or
forfeited
fisco
nostro
to
our
Exchequer
,
in
the
same
Law
,
as
't
is
recited
in
the
Justinian
Code
,
instead
of
Fisco
Nostro
we
read
Ecclesiae
Catholicae
,
i.
e.
they
are
forfeited
to
the
use
of
the
Catholick
Churches
.
So
little
design
of
Covetousness
had
this
great
Emperor
in
his
zeal
against
Hereticks
,
that
he
remitted
the
Forfeitures
due
to
himself
by
Law
,
and
settled
them
upon
pious
and
charitable
uses
.
So
that
in
all
particulars
our
Author
might
better
have
vented
his
poison
and
ill-nature
upon
any
Man
than
Justinian
;
who
of
all
the
great
Men
that
ever
lived
will
the
least
endure
to
be
abused
.
But
because
his
Covetousness
is
aggravated
in
every
page
of
the
Libel
as
a
most
insatiable
gulf
,
so
that
the
whole
Roman
Empire
was
not
sufficient
to
supply
its
cravings
,
though
he
used
all
the
ways
of
Rapin
and
Oppression
to
fill
his
Exchequer
,
I
will
shew
in
two
or
three
Instances
that
he
was
so
far
from
laying
new
Burthens
upon
the
Subject
,
that
he
took
off
old
,
settled
and
legal
Taxes
of
mighty
value
to
himself
,
only
because
he
thought
them
too
hard
and
heavy
upon
his
Subjects
.
The
first
was
the
Lex
Papia
,
and
all
the
Branches
of
the
Law
de
Caducis
added
to
it
,
by
which
if
a
man
had
no
Heirs
of
his
own
begetting
,
or
if
the
next
Heirs
died
before
their
Actual
Livery
and
Seisin
of
the
Estate
,
all
such
Estates
came
to
the
Imperial
Crown
,
which
in
so
vast
an
Empire
could
not
but
arise
to
a
Prodigious
Revenue
,
and
yet
he
abrogated
all
these
Laws
for
the
ease
of
his
Subjects
,
as
he
declares
in
the
Preface
to
his
own
Law
.
Such
is
our
Clemency
,
that
though
all
Bona
Caduca
are
due
to
our
Exchequer
,
yet
are
we
pleased
to
remit
them
all
,
notwithstanding
our
Royal
Prerogative
;
preferring
the
common
benefit
of
our
good
Subjects
before
our
own
private
Advantage
,
&
esteeming
their
Interest
to
be
most
our
own
.
The
second
Law
was
that
of
the
Publicatio
Bonorum
or
the
Sale
of
the
Goods
and
Chattels
of
all
sorts
of
Malefactors
,
whether
Executed
,
Out-lawed
,
or
Banished
;
and
that
was
a
greater
Revenue
than
the
former
,
and
yet
because
it
lookt
harsh
to
this
just
and
tender
Prince
,
he
takes
it
quite
away
,
and
setles
all
forfeited
Estates
upon
the
next
of
Kin.
The
third
was
that
old
and
standing
Practice
of
the
Sale
of
all
Offices
,
by
which
the
Emperor
had
a
certain
Sum
;
not
for
the
Office
,
but
his
Suffrage
,
in
the
same
manner
as
if
one
should
purchase
a
Bishoprick
by
buying
a
Conjedelire
.
But
this
corrupt
Custom
he
scorns
,
and
cashieres
it
as
a
base
and
un-Prince-like
practice
,
Because
(
as
he
expresses
it
)
Justice
we
know
will
be
done
,
if
we
can
any
way
oblige
our
Prefects
and
Governors
of
Provinces
to
administer
Justice
with
clean
hands
,
abstain
from
Bribery
,
and
be
content
with
their
Pensions
out
of
the
Exchequer
.
But
this
cannot
otherways
be
brought
about
,
unless
they
may
enter
upon
their
places
without
charge
,
giving
nothing
to
the
Prince
upon
pretence
of
Suffrage
,
or
to
any
other
Officer
whatsoever
.
For
we
are
well
aware
that
though
it
lops
off
too
great
a
branch
of
our
Revenue
,
yet
it
will
redound
to
the
unspeakable
benefit
of
our
good
Subjects
,
to
be
preserved
from
the
oppression
of
our
Officers
,
and
both
the
Empire
and
the
Exchequer
will
flourish
the
more
by
a
thriving
People
.
And
if
this
Rule
were
once
setled
,
it
is
unimaginable
of
what
advantage
it
would
be
to
the
publick
.
Now
is
it
not
probable
that
this
Prince
who
cancell'd
all
these
Laws
,
though
not
unjust
in
themselves
,
only
because
he
thought
them
somewhat
too
harsh
and
heavy
,
should
rob
,
plunder
,
and
undo
vast
Multitudes
of
his
Subjects
without
Law
,
without
Mercy
,
nay
without
Pretence
,
●s
the
Anecdot●
clamour
in
every
Page
,
as
indeed
the
whole
Libel
is
nothing
but
Eccho
and
Cuckoo
.
But
there
remains
one
Enquiry
,
that
is
so
obvious
for
the
Reader
to
make
,
from
what
friends
he
could
have
Supplies
to
defray
all
the
Charges
of
his
expensive
Reign
,
how
he
could
maintain
so
many
and
so
great
Wars
?
How
he
could
build
such
vast
numbers
of
Cities
and
infinite
other
structures
?
how
he
could
maintain
so
many
and
so
chargeable
Correspondencies
?
This
at
first
view
seems
very
strange
,
but
the
account
being
well
stated
,
it
will
not
appear
so
strange
as
easie
.
For
first
he
was
a
very
great
Husband
,
and
wasted
nothing
in
Luxury
,
the
great
Pane
of
Princes
Courts
.
In
the
next
place
he
retrench't
all
the
exorbitant
Expences
of
the
Theatres
and
publick
shews
,
as
our
Author
often
complains
.
Thirdly
,
the
standing
Revenue
and
ordinary
Taxes
of
so
vast
an
Empire
,
as
they
were
of
an
immense
value
,
so
were
they
frugally
managed
and
expended
.
But
that
which
makes
the
wonder
quite
to
vanish
▪
are
the
infinite
Treasures
taken
in
his
Wars
from
the
Goths
and
Vandals
,
that
had
plundered
all
Europe
,
and
laid
all
together
,
in
two
heaps
,
one
in
Africk
,
and
the
other
in
Italy
:
that
were
(
if
we
may
trust
Procop●us
)
the
greatest
Treasures
that
ever
were
in
the
World
,
all
which
came
entirely
into
Justinians
Coffers
.
Now
if
we
lay
all
these
things
together
,
we
may
easily
see
which
way
this
great
Emperor
was
Enabled
to
do
these
great
things
,
without
squeezing
and
fleecing
his
Subjects
.
§
.
XXXII
.
The
next
Royal
Vertue
is
inconstancy
and
falshood
to
his
Friends
,
as
well
as
Cruelty
to
his
Enemies
.
Instances
of
his
Cruelty
we
have
seen
in
the
several
Acts
of
his
Mercy
towards
his
most
implacable
Enemies
;
but
as
for
his
Friends
,
as
no
man
ever
made
a
better
choice
,
so
never
was
any
man
more
constant
and
entire
in
the
preservation
of
his
Friendship
.
So
that
when
he
had
once
taken
a
man
into
his
Bosom
,
nothing
but
Treason
could
displace
him
,
nor
that
in
some
Cases
,
as
we
have
seen
in
the
Instance
of
Artabanes
.
How
immoveable
was
his
Friendship
to
Belizarius
,
notwithstanding
all
the
boisterous
attempts
of
Court-envy
to
shock
it
?
De
Bello
Persico
,
lib.
1.
cap.
12.
he
received
him
to
favour
in
his
Youth
,
and
persevered
in
his
kindness
to
his
last
breath
,
and
through
the
whole
course
of
his
life
heap't
more
honours
upon
him
,
than
ever
were
conferred
by
any
Prince
upon
a
Subject
.
After
the
Vandalick
War
Belizarius
was
accused
by
some
of
his
Captains
of
High
Treason
and
Designs
of
Tyranny
,
De
Bello
Vand.
l.
2.
c.
8.
for
by
that
term
Procopius
always
expresses
Usurpation
,
upon
which
he
immediately
repairs
to
Constantinople
to
clear
himself
,
though
the
Emperor
gave
so
little
Credit
to
the
Information
,
as
to
leave
it
to
Belizarius
his
own
choice
either
to
continue
in
the
Government
of
Africk
,
or
to
return
home
with
his
Spoils
and
Captives
.
Ibid.
cap.
9.
And
choosing
the
last
the
Emperor
gave
him
the
honour
of
a
Publick
Triumph
and
Honour
that
had
been
disused
for
at
least
600
years
,
and
never
before
this
time
granted
by
Christians
to
Subjects
unless
of
the
Blood-Royal
.
And
not
long
after
he
is
made
Consul
,
and
in
the
year
of
his
Consulship
honoured
with
a
second
Triumph
after
the
fashion
of
the
Consuls
in
the
old
Common-wealth
,
when
they
return'd
from
the
Conquest
of
any
Province
or
Nation
.
After
this
he
is
immediately
sent
General
into
Sicily
against
the
Goths
,
De
Bello
Goth.
l.
1.
c.
5.
and
in
a
trice
scowres
them
out
of
the
Island
,
and
in
the
last
day
of
his
Consulship
,
enters
Syracuse
with
Triumphal
Pomp
,
and
so
was
ever
after
General
in
all
the
Emperors
Wars
without
the
least
frown
of
Jealousie
or
distrust
,
though
the
Imperial
Crown
had
been
twice
offered
him
in
the
head
of
a
successful
Army
,
and
he
had
him
in
that
great
esteem
,
that
for
many
years
he
would
never
spare
him
from
his
own
Person
,
but
enjoyed
the
pleasure
of
his
friendship
to
his
dying
day
.
The
next
man
in
favour
was
Narses
,
because
next
in
Vertue
.
A
Gentleman
of
that
high
Character
for
Piety
,
for
Courage
,
for
Mercy
,
For
Loyalty
,
for
Gallantry
,
for
Magnanimity
,
for
every
Thing
that
is
Great
and
Good
,
that
by
meer
worth
he
must
have
eclyp'st
any
man
but
Belizarius
.
And
his
Reputation
was
so
impregnable
,
that
it
was
above
the
Attaques
of
Envy
,
insomuch
that
there
is
nothing
left
of
him
upon
Record
,
but
the
height
of
Praise
and
Panegyrick
.
Procopius
,
Agathias
,
Marcellinus
Comes
,
Evagrius
,
Paulus
Diaconus
seem
to
vie
who
shall
speak
the
greatest
things
of
him
:
But
to
say
no
more
,
his
shining
and
unblemish't
Vertues
placed
him
second
,
if
not
equal
to
Belizarius
in
his
Masters
favour
.
His
Character
in
Corippus
runs
thus
,
Corippi
.
3.
E●i●el
excelsus
super
omnia
Vertice
Narses
Ag●nina
,
&
Augustam
altu
praefulgurat
Aulam
Comptus
Casarie
,
formlique
insignes
&
ore
.
Aureus
omnis
erat
,
cultuque
habituque
modestus
,
Et
morum
probitate
placeus
,
virtute
verendus
,
Fulmineus
,
cautus
,
vigilans
noctesque
di●sque
Pro
rerum
Dominis
&
honora
luco
c●ruscus
.
From
which
passage
we
may
conclude
that
Belizarius
died
before
Justinian
,
because
Narses
is
described
as
the
chief
Attendant
at
the
Coronation
of
Justin
the
younger
without
any
mention
of
Belizarius
,
which
could
not
have
been
,
had
he
been
then
surviving
.
But
to
proceed
,
it
were
an
endless
work
to
give
the
great
Characters
of
all
the
Favourites
of
his
Court
.
What
thinks
our
Author
of
Sittas
the
Emperors
Fellow
Souldier
in
his
Uncle
Justins
Reign
,
that
twice
overthrew
the
Persians
,
and
by
his
great
Civility
brought
over
the
T●ani
to
Christianity
?
what
thinks
he
of
Solomon's
Successor
to
Belizarius
in
the
Government
of
Africa
,
which
he
managed
with
great
Wisdom
,
and
perishing
unfortunately
by
an
Ambush
of
the
Moors
,
was
not
less
bemoan'd
by
his
Prince
than
by
his
Patron
Belizarius
,
by
whose
Interest
he
was
preferr'd
to
that
great
Employment
?
What
of
that
great
Souldier
Mundus
,
who
after
many
brave
Services
perish't
at
last
by
his
own
excess
of
Courage
in
revenge
of
his
Sons
death
,
after
his
Victory
of
the
Goths
at
Salona
,
to
the
great
grief
of
his
Imperial
Majesty
?
In
short
,
what
thinks
he
of
Phocas
and
Bassus
,
of
Basilides
,
and
Strategius
,
of
Proclus
and
Rufinus
,
of
Marcellus
,
and
Justinus
,
and
Tribonianus
,
and
Procopius
himself
,
who
I
am
sure
,
of
all
men
had
least
reason
to
complain
of
the
Emperors
Inconstancy
to
his
Favourites
,
who
was
advanced
from
honour
to
honour
,
till
he
came
to
the
Prefecture
of
the
City
,
that
is
the
highest
Preferment
in
all
the
Empire
?
i.
e.
all
those
great
men
,
that
we
have
but
now
recited
,
men
of
that
unparalell'd
Worth
and
Honour
,
that
no
Age
or
Reign
can
shew
such
a
number
of
unexceptionable
Ministers
of
State
.
But
because
the
Calumny
is
so
apparently
false
,
I
shall
not
trouble
my self
to
answer
it
,
but
only
ask
the
Author
and
his
Alemannus
what
he
thinks
of
Procopius
himself
,
upon
whom
the
Emperor
was
perpetually
heaping
his
honors
.
If
he
advanced
Men
only
for
being
more
wicked
than
others
(
as
the
Libel
reports
)
then
how
great
a
Villain
was
this
Procopius
,
whom
he
raised
from
the
lowest
to
the
highest
round
of
Fortune
?
But
if
Procopius
were
an
honest
Man
,
that
is
a
proof
that
the
Emperor
in
the
choice
of
his
Ministers
of
State
had
regard
to
some
other
Qualifications
than
meer
Wickedness
.
Roman
Praetor
,
in
whom
alone
the
entire
power
of
the
Province
was
seated
;
as
himself
gives
an
account
of
his
design
in
his
24
th
Novel
of
the
Praetor
of
〈◊〉
,
where
he
first
began
to
put
the
Model
in
practice
,
and
after
it
reformed
all
the
other
Provinces
.
In
short
whatever
Alterations
he
made
in
the
State
of
the
Empire
,
he
always
gives
an
account
of
the
usefulness
and
necessity
of
the
thing
in
the
Preface
to
the
Law
.
And
therefore
if
Alemannus
would
have
made
any
real
advantage
of
his
Authors
Tale
,
instead
of
relying
wholly
upon
its
blind
Authority
,
he
ought
to
have
disproved
Justinian's
reasons
of
State
;
for
otherwise
they
stand
upon
Record
as
a
Conviction
against
his
Author
,
that
the
Emperor
made
no
Alterations
without
good
reason
.
But
he
inscribed
his
own
Name
upon
all
things
,
says
our
Author
,
i.
e.
says
Alemannus
,
upon
Cities
,
Towns
,
Ports
,
Letters
,
Books
,
Scholars
,
Crowns
,
Magistrates
,
Military
Officers
;
such
,
says
he
,
was
his
excessive
thirst
after
vain-glory
.
But
if
this
be
a
Vice
,
it
would
be
happy
for
Mankind
,
if
all
Princes
were
tainted
with
the
same
Itch
of
leaving
a
great
Name
and
a
good
Memory
behind
them
.
If
he
had
done
(
as
many
great
Men
have
)
ill
things
to
perpetuate
his
Fame
,
that
had
not
been
more
a
crime
than
a
folly
.
But
when
all
his
Works
were
for
the
benefit
of
Mankind
,
then
if
they
were
call'd
after
his
own
Name
,
it
was
only
a
just
Monument
of
the
Author's
bounty
and
greatness
.
But
what
could
be
more
childish
than
to
find
fault
with
such
an
innocent
Custom
,
of
fixing
the
Authors
Names
upon
their
own
magnificent
Works
,
when
it
has
ever
been
the
constant
practice
of
all
Mankind
▪
Alexander
the
Great
,
they
say
,
built
12
great
Cities
,
and
was
God-father
to
them
all
.
And
I
pray
what
Emperor
ever
built
or
rebuilt
any
City
,
that
did
not
fix
his
own
Name
upon
it
?
why
then
should
this
Prince
alone
be
barr'd
the
pleasure
of
this
little
Fancy
,
that
is
allowed
to
all
Mankind
?
And
yet
after
all
he
has
denyed
himself
in
it
more
than
any
Prince
upon
Record
,
as
any
Man
may
satisfie
himself
,
that
will
peruse
the
Books
de
Aedificiis
;
but
to
be
short
Evagrius
says
he
built
150
Cities
,
and
yet
Alemannus
out
of
all
these
can
find
no
more
than
18
Justiniana's
,
of
Towns
but
one
,
of
Ports
none
but
that
at
Constantinople
,
that
Procopius
says
the
Inhabitants
out
of
gratitude
call'd
by
the
Founders
name
,
Palaces
but
one
,
though
there
was
scarce
a
City
in
the
Empire
,
in
which
he
did
not
erect
some
magnificent
Building
.
But
to
follow
these
trisles
no
farther
,
the
Books
that
he
entituled
by
his
own
Name
were
his
Body
of
Laws
;
and
he
had
no
doubt
done
very
wisely
to
publish
them
to
the
World
,
without
declaring
by
whose
Authority
they
were
enacted
.
Such
strein'd
and
far
fetcht
Calumnies
as
these
discover
nothing
but
rankor
at
the
heart
,
and
a
studious
design
to
turn
all
things
into
spite
and
poison
.
Lex
Papia
,
and
all
the
Laws
de
caducis
.
What
a
contradiction
in
the
nature
of
things
is
this
,
that
he
should
so
frankly
give
up
such
vast
proportions
of
his
lawful
Revenue
,
and
yet
out
of
a
meer
covetous
humor
turn
Pick-pocket
,
and
enrich
himself
by
private
pilfering
.
This
story
is
so
remote
from
so
cross
to
the
common
sense
of
Mankind
,
and
the
practice
of
Humane
Nature
,
that
it
interdicts
its
own
belief
:
For
it
is
impossible
in
the
nature
of
things
that
the
same
Man
,
who
did
one
,
could
ever
be
induced
to
do
the
other
.
And
thus
this
Calumny
,
as
well
as
all
the
rest
only
enhances
the
glory
of
Justinian
;
who
was
so
far
from
cheating
his
Subjects
of
their
Estates
and
Inheritances
,
that
of
all
Princes
he
took
the
greatest
care
to
secure
their
Rights
.
And
whereas
the
practice
of
the
Laws
had
been
a
long
time
corrupted
with
tricks
and
subtilties
for
the
advantage
of
the
Exchequer
,
he
cut
them
all
off
,
and
made
such
wise
and
strict
Rules
concerning
Wills
and
Testaments
,
as
secured
the
right
Heir
of
his
Estate
against
all
Pretenders
,
but
most
of
all
against
the
Crown
it self
,
abrogating
all
manner
of
Forfeitures
to
it
.
And
in
truth
there
are
no
greater
Instances
of
Justice
and
clear
dealing
than
his
Laws
de
Testamentis
:
he
has
done
the
utmost
that
Man
can
do
to
prevent
Frauds
,
and
if
the
practice
of
the
Courts
were
re●uced
to
the
simplicity
of
his
Laws
,
we
should
rarely
hear
of
Suits
about
Wills
and
Testaments
.
Even
that
one
Law
of
setting
aside
all
Forms
in
the
Case
,
and
inquiring
only
into
the
plain
and
honest
proof
of
the
Will
of
the
Testator
,
as
it
would
stifle
most
Controversies
,
so
it
would
shut
out
all
delays
,
for
dilatory
Proceedings
are
never
founded
upon
the
merits
of
the
Cause
,
but
only
upon
formalities
.
Now
't
is
hugely
credible
that
this
very
Man
,
who
dealt
so
very
fairly
with
the
World
in
this
matter
,
that
was
so
solicitous
to
secure
every
Man's
right
,
and
that
for
that
end
out
off
such
vast
Revenues
from
himself
,
should
be
so
bereft
of
common
Sense
,
as
to
go
about
〈◊〉
enrich
himself
by
the
most
scandalous
fraud
and
rapin
.
'T
is
a
madness
not
incident
to
humane
Nature
to
part
with
a
just
and
settled
Revenue
,
and
at
the
same
time
make
himself
odious
to
all
the
World
by
the
most
barbarous
Acts
of
Oppression
.
Especially
if
we
reflect
upon
the
inconsiderable
numbers
of
opprest
Persons
that
this
Author
is
able
to
muster
up
under
all
his
reign
,
only
eight
,
and
't
is
very
credible
that
he
should
for-go
the
vast
profit
that
came
without
envy
or
regret
from
the
Laws
de
caducis
,
because
he
did
not
make
them
,
but
found
them
in
force
from
his
Predecessors
,
and
yet
incur
the
hatred
of
his
Subjects
by
such
a
mean
oppression
,
and
in
comparison
to
the
other
of
no
value
at
all
▪
for
what
were
these
eight
Mens
Estates
,
how
great
soever
,
if
compared
to
the
infinite
Forfeitures
throughout
the
whole
Roman
Empire
?
The
absurdity
of
every
circumstance
in
the
Tale
stares
the
Author
of
it
in
the
face
:
but
most
of
all
when
by
these
eight
Persons
he
would
prove
that
this
was
his
constant
practice
all
the
World
over
.
And
of
these
eight
he
gives
us
only
the
names
of
five
without
any
circumstance
of
matter
of
Fact
,
and
in
the
other
three
he
sets
down
the
Story
so
perversely
,
as
to
make
one
part
of
the
same
Tale
a
flat
contradiction
to
the
other
.
The
first
is
the
story
of
Zeno
,
whom
he
on
purpose
sent
Governor
into
Egypt
,
who
loading
a
Ship
with
a
vast
treasury
of
Gold
,
Silver
and
precious
Stones
,
that
was
to
follow
him
,
Justinian
prevails
with
some
of
Zeno's
best
friends
to
cast
all
the
Goods
over-board
in
the
Haven
of
Constantinople
,
and
then
to
fire
the
Ship
,
and
make
Zeno
believe
that
all
the
Goods
perisht
in
it
,
who
dying
not
long
after
the
Emperor
siezed
all
his
Goods
by
vertue
of
a
forged
Will
,
as
't
is
reported
.
This
as
't
is
reported
is
a
very
saint
end
for
an
Accusation
,
for
if
it
have
no
other
proof
but
report
,
then
it
is
a
Tale
without
a
Witness
,
and
that
is
meer
Tale.
But
beside
this
,
as
Dr.
Rive
ingeniously
replies
,
were
I
to
plead
this
Cause
before
a
Court
of
Judicature
I
should
not
doubt
to
make
out
by
a
multitude
of
clear
and
pregnant
Proofs
,
that
the
Tale
it self
could
never
have
dropt
from
the
Mouth
,
I
will
not
say
of
a
learned
or
skilful
Accuser
,
but
of
any
Man
of
common
Sense
.
For
stories
ought
to
be
like
Pictures
,
if
not
true
yet
at
least
probable
,
but
this
is
all
defyance
to
the
very
possibility
of
things
.
That
so
great
a
Treasure
should
be
cast
away
so
privately
in
the
most
frequented
Port
in
the
World
,
that
neither
the
Master
of
the
Ship
,
nor
the
Sea-men
,
nor
the
Passengers
,
nor
the
Servants
should
perceive
it
,
no
not
any
of
his
own
Servants
that
he
left
on
board
to
see
the
Goods
conveyed
.
But
when
he
had
got
the
Goods
into
his
own
Possession
by
this
device
,
what
need
had
he
to
entitle
himself
to
them
by
a
forged
Will
?
The
fire
gave
him
full
possession
of
all
,
because
the
Estate
was
supposed
to
be
lost
,
but
after
that
to
produce
a
Will
to
a
lost
Estate
is
only
to
betray
the
former
Cheat.
This
is
the
substance
of
the
learned
Advocates
Plea
.
So
great
an
improbability
supported
by
so
weak
a
foundation
as
meer
Report
,
must
needs
sink
into
nothing
of
its
own
accord
.
The
next
Instance
is
Basilius
a
wealthy
Man
,
who
dying
in
the
Garrison
of
Daras
,
the
Governor
forged
a
Will
,
by
which
the
whole
Estate
was
left
to
the
Emperor
.
But
if
another
forged
the
Will
ar
so
great
a
distance
(
for
Daras
was
the
last
Town
of
the
Empire
upon
the
Confines
of
Persia
,
)
what
is
that
to
the
Emperor
,
how
can
any
Man
say
that
he
was
privy
to
it
?
But
if
you
say
't
is
likely
.
I
think
it
is
more
likely
,
than
that
the
Governor
should
contrive
it
meerly
for
the
Emperor's
profit
without
any
advantage
to
himself
,
if
he
had
given
himself
any
share
in
the
Estate
or
any
good
Legacy
,
the
thing
might
have
past
,
but
to
make
no
advantage
of
it
to
himself
,
when
it
was
wholly
in
his
own
power
,
is
a
thing
not
credible
of
a
Knave
,
nor
indeed
of
any
Man
;
nothing
more
certain
than
that
saying
,
Nemo
gratuitò
fit
improbus
.
prudentissimus
Scriptor
(
as
he
stiles
him
)
in
his
folly
,
is
most
pleasant
,
viz.
that
it
is
a
common
Form
of
Speech
in
all
Authors
prophane
and
sacred
,
to
give
the
title
of
Devil
to
Men
eminently
wicked
,
as
our
Saviour
calls
Judas
a
Devil
.
That
any
Mans
understanding
should
be
sunk
so
low
,
as
to
satisfie
it self
with
such
trifles
as
these
.
When
the
wise
Author
says
expresly
,
That
he
was
no
Metaphorical
Devil
,
but
a
Devil
in
reality
,
and
the
Son
of
a
Devil
in
good
earnest
.
And
there
if
his
learned
Advocate
cannot
prevail
with
himself
to
believe
it
,
notwithstanding
his
excuse
he
leaves
his
wise
Author
in
the
lurch
to
answer
for
the
possibility
of
his
Legend
.
Had
I
been
in
his
stead
to
plead
the
Cause
,
I
would
have
alledged
the
Precedents
of
Alexander
the
Great
,
and
Scipio
Africanus
,
the
two
greatest
Men
of
Greece
and
Rome
,
who●e
Mothers
are
reported
to
have
told
the
same
story
of
being
gallanted
by
Incubuses
;
for
though
they
are
equally
incredible
,
yet
they
have
the
Authority
of
Ancient
Tale
,
and
have
been
frequently
related
by
grave
Historians
,
and
this
if
set
off
with
a
serious
Countenance
,
might
have
been
taking
and
plausible
,
but
to
raise
a
silly
Metaphorical
Devil
to
supply
the
room
of
a
real
one
,
it
is
such
a
Rag
of
Excuse
as
utterly
spoils
the
Story
,
and
makes
it
look
much
more
ridiculous
than
the
naked
Lie
it self
.
But
if
he
were
not
a
Devil
with
a
cloven
foot
,
yet
he
was
a
Devil
of
Lust
,
and
though
he
were
very
temperate
and
abstemious
,
yet
he
out-did
a
Satyr
in
wantonness
.
But
what
Instance
?
what
Proofs
?
what
one
Example
?
That
a
man
should
exceed
all
Mankind
in
the
licentiousness
of
his
Lust
,
and
yet
no
one
Act
of
it
ever
be
discovered
.
This
Vice
is
not
so
discreet
as
to
sec●re
it self
with
that
Secresie
that
it
designs
,
but
especially
in
Princes
it
cannot
avoid
being
publick
.
The
crafty
Augustus
,
as
demurely
as
he
look't
,
and
as
severe
Laws
as
he
made
against
it
,
was
publickly
known
to
have
been
one
of
the
most
notorious
Sinners
of
the
Age.
But
as
for
Justinian
,
as
he
was
more
severe
in
his
Laws
against
this
Vice
,
than
any
of
his
Predecessors
,
so
he
was
never
charged
with
any
one
Breach
of
them
.
The
Wife
,
the
Daughter
,
the
Servant
that
he
debaucht
,
are
to
this
day
nameless
.
Whose
Bed
did
he
ever
defile
,
whose
Modesty
did
he
ever
attempt
?
was
he
ever
so
much
as
suspected
of
Love
to
any
but
his
Empress
?
What
rudeness
then
,
what
Malice
,
what
Impudence
is
it
in
this
Scribler
to
cast
dirt
upon
such
an
eminent
and
unblemisht
Chastity
,
without
so
much
as
attempting
to
alledge
any
one
proof
or
example
of
it
?
and
that
alone
is
a
demonstration
of
its
falshood
,
for
if
he
could
have
charged
him
with
any
one
Fact
,
we
know
he
owed
him
not
so
much
kindness
as
to
conceal
it
.
But
as
he
introduces
the
Calumny
,
he
makes
it
more
absurd
,
viz.
That
though
he
were
very
much
given
to
fasting
and
watching
,
yet
he
was
a
Devil
for
Lust.
These
things
hang
very
well
together
,
a
man
much
given
all
his
life-time
to
watching
and
fasting
,
and
yet
the
very
Priapus
of
the
Age
,
an
insatiable
Satyr
,
and
exceeding
the
natural
capacity
of
Makind
in
Lust.
This
is
another
fair
contradiction
,
and
as
consistent
as
his
being
black
and
white
,
tall
and
low
,
prodigal
and
covetous
,
an
Ass
and
a
Fox
,
a
natural
Fool
and
a
crafty
Knave
,
so
blind
a
thing
is
Malice
when
it
is
over
eager
in
the
pursuit
of
its
rage
.
The
next
Twins
of
Vertue
are
his
great
kindness
to
,
and
great
oppression
of
the
Orthodox
Christian
Clergy
.
His
favour
to
them
was
so
exorbitant
,
Silverius
,
Vigilius
,
and
the
African
Bishops
in
the
Controversie
of
the
tria
Capitula
.
This
is
pure
conjecture
,
especially
the
guess
of
the
tria
Capitula
,
which
it
is
evident
from
the
●ccount
that
Procopius
has
given
of
the
disputes
of
those
times
,
that
he
did
nor
understand
.
But
however
I
have
already
discoursed
both
that
,
and
the
Case
of
Silverius
and
Vigilius
,
and
that
will
be
answer
enough
to
Alemannus
his
foul
surmise
of
their
barbarous
treatment
.
Only
I
would
advise
him
and
the
Roman
Courtiers
once
more
not
to
concern
the
Apostolick
Chair
in
the
Vindication
of
Vigilius
,
but
rather
to
thrust
him
out
of
the
List
into
the
Catalogue
of
the
Anti
Popes
,
both
because
it
is
confest
on
all
hands
that
he
got
into
the
Chair
by
Usurpation
,
when
it
was
full
already
;
and
because
his
Actions
were
so
foul
,
that
no
Wit
,
no
Apology
,
no
Candour
can
wipe
off
the
Scandal
.
As
for
the
Reverse
of
this
Calumny
,
the
Emperors
exorbitant
kindness
and
indulgence
to
the
Christian
Clergy
,
I
must
confess
it
was
very
great
to
a
degree
of
fondness
;
we
have
seen
above
in
his
Novels
what
Endowments
and
Priviledges
he
setled
upon
the
Church
,
what
care
he
took
to
secure
their
setled
Revenues
,
and
to
protect
them
against
the
oppression
of
great
men
.
But
that
he
ever
run
into
any
Act
of
Injustice
out
of
Zeal
and
partiality
to
their
Interest
,
we
have
no
one
Instance
upon
Record
,
the
only
thing
that
can
be
pretended
is
his
Grant
to
the
Church
of
Emesa
,
of
the
Prescription
of
an
hundred
years
,
which
as
this
Author
tells
the
Story
,
§
.
XXXIII
.
But
though
we
have
little
else
than
meer
repetition
remaining
,
yet
there
are
some
few
scraps
behind
,
that
discover
the
Author's
malice
and
ignorance
,
upon
these
I
shall
make
some
brief
reflections
and
so
conclude
.
And
first
what
can
we
think
of
his
ascribing
all
the
publick
Calamities
of
the
Age
,
as
Inundations
of
Rivers
,
destructions
of
Cities
by
earthquakes
and
Plagues
,
to
the
Emperor
and
his
ill
Genius
?
This
Malice
is
too
childish
even
to
be
despised
,
and
it
is
hard
to
determine
whether
it
have
in
it
more
of
spite
or
folly
,
though
it
has
so
much
of
both
as
forever
to
destroy
that
Man's
credit
,
that
could
prevail
with
himself
to
make
and
vent
such
an
accusation
against
any
Mans
reputation
;
such
a
River
over-flowed
,
and
at
such
a
time
it
thundred
,
who
can
we
think
was
the
cause
of
it
but
the
Empero●
and
his
evil
Genius
?
O
A●emannus
▪
that
thou
shouldest
satisfie
thy self
with
such
a
Wretch
as
this
!
Is
this
stuff
to
put
into
an
inditement
?
can
you
think
to
beat
down
the
Emperors
towring
reputation
by
such
Tales
as
these
?
you
had
been
much
better
advised
,
when
you
first
found
your
Vatican
Manuscript
,
instead
of
publishing
it
to
the
World
with
so
much
satisfaction
of
Revenge
upon
the
Emperor
,
to
have
buried
it
in
some
secret
Corner
,
where
it
should
never
have
been
discover'd
,
for
now
you
have
only
brought
down
reproach
and
disgrace
upon
your
own
head
by
opposing
such
a
barbarous
Pamphlet
to
the
Glory
of
all
his
Actions
,
and
have
withal
provoked
more
ingenuous
Men
to
revive
the
Memory
of
his
great
Name
,
and
make
the
unparallel'd
Actions
of
his
Reign
though
1100
years
old
,
shine
as
bright
and
look
as
fresh
,
as
if
they
had
been
the
Wonders
and
mighty
Works
of
our
own
Age.
But
however
if
the
Emperor
had
an
ill
Genius
to
bring
these
Miseries
upon
the
World
,
I
am
sure
he
had
a
good
one
too
to
make
amends
,
and
what
breaches
the
one
made
upon
any
part
of
the
Empire
,
the
other
repair'd
,
and
left
it
not
in
the
power
of
the
bad
Genius
of
any
of
his
Successors
to
commit
the
same
Riots
again
.
As
the
Barbarian
might
have
learnt
from
the
Books
de
Aedificiis
,
had
he
been
duely
acquainted
with
Procopius
his
genuine
Writings
.
But
in
the
next
place
from
Prodigies
,
i.
e.
the
Persians
.
And
to
prevent
that
Mischief
for
the
time
to
come
,
De
Bello
Goth.
l.
4.
c.
17.
he
sent
certain
Monks
into
India
to
discover
the
Mystery
of
Silks
,
who
return'd
loaden
with
a
whole
Cargo
of
Silk-Worms
Eggs
,
and
by
that
means
he
set
up
that
Manufacture
within
the
Empire
it self
,
but
how
it
was
establisht
we
no
where
read
.
But
he
set
up
two
new
Officers
in
the
City
,
Tribonian
,
Junilus
and
Constantinus
.
But
of
his
great
care
in
the
choice
of
his
Officers
we
have
discoursed
above
,
and
if
among
so
great
a
number
of
good
ones
,
some
few
proved
corrupt
,
that
is
a
Misfortune
not
to
be
avoided
in
this
World
.
Though
this
is
all
Tale
,
for
Tribonian
was
admired
for
all
his
Vertues
and
good
Qualities
,
only
he
loved
Money
too
well
.
Junilus
is
a
Man
never
heard
of
but
in
this
Author
,
and
it
is
likely
that
he
should
be
in
so
great
an
Office
as
this
,
seven
years
,
and
never
be
so
much
as
mention'd
in
any
Record
,
no
,
not
in
one
Imperial
Rescript
.
To
him
succeeds
Constantinus
a
very
young
Man
,
not
yet
so
much
as
call'd
to
the
Bar.
But
this
out-bids
all
the
rest
:
For
Constantinus
was
Secretary
of
State
,
and
one
of
the
Commissioners
for
compiling
the
Code
in
the
third
year
of
Justinian
,
whereas
Tribonian
injoyed
the
Prefects
Office
many
years
to
his
dying
day
,
which
Alemannus
computes
to
be
in
the
21st
year
of
that
Reign
;
to
him
succeeds
Junilus
,
who
injoys
the
Office
seven
years
;
now
if
Constantinus
,
who
followed
both
,
were
so
young
a
Man
,
that
he
was
not
of
age
to
practise
the
Law
,
I
would
only
know
of
the
unlearned
Author
and
his
learned
Commentator
,
of
what
Age
he
might
be
in
the
third
year
of
Justinian
,
when
he
was
Secretary
of
State
,
and
so
eminent
for
his
Skill
in
the
Law
,
that
he
was
made
one
of
the
Commissioners
for
its
Reformation
.
But
beside
the
old
Revenue
of
the
Crown
he
imposed
a
new
heavy
Tax
commonly
call'd
the
Aerial
Tribute
,
Joannes
Cappadox
,
Petrus
Barsames
and
Addaeus
,
who
was
put
into
the
Office
in
the
last
year
of
the
Emperor's
life
,
when
he
was
past
business
.
Though
beside
these
he
says
there
are
divers
others
to
be
found
in
Evagrius
,
Agathias
,
Procopius
his
other
Books
,
Theophanes
and
Suidas
.
That
is
his
standing
figure
when
he
has
reckoned
up
all
the
names
that
he
can
rake
together
,
to
tell
us
of
great
numbers
of
People
that
shall
be
nameless
.
And
whereas
the
Author
adds
,
that
it
was
the
Emperor's
constant
Custom
to
drain
these
great
Officers
,
when
they
were
well
gorged
,
by
some
sham-Accusation
;
it
is
so
far
from
truth
that
he
never
prosecuted
any
of
them
but
Joannes
Cappadox
,
and
when
he
put
him
from
Court
,
he
suffer'd
him
to
carry
his
Wealth
along
with
him
.
But
he
oppressed
the
honest
labouring
Farmers
.
De
Bello
Goth.
l.
2.
in
which
the
Rich
were
reduced
to
the
same
state
with
the
Poor
,
their
Servants
and
Attendants
being
swept
away
,
he
appoints
an
Officer
to
take
care
of
all
the
sick
,
and
to
supply
all
that
wanted
,
with
Money
,
and
that
was
a
greater
kindness
than
meer
abatement
of
just
dues
.
But
secondly
he
imposed
the
Corn-Tax
for
the
maintenance
of
his
Army
,
and
forced
the
poor
countrey
People
to
carry
it
to
the
Camp
.
But
alass
,
this
was
an
old
Tax
long
before
Justinian's
time
,
and
there
are
so
many
Laws
about
it
in
the
Imperial
History
,
that
nothing
but
meer
barbarous
Ignorance
could
have
derived
its
beginning
from
Justinian
;
and
accordingly
Alemannus
has
voucht
it
by
the
Authority
of
that
Ecclesiastick
Romance
of
Simeon
Metaphrastes
.
Constantine
,
Theodosius
the
Great
,
and
Justinian
,
that
these
should
be
particularly
branded
for
leaving
them
defenceless
.
It
is
the
head-topick
of
Zosimus
his
fanatick
Invectives
against
Constantine
and
Theodosius
the
Great
,
and
here
it
is
the
very
Chorus
of
all
our
Rhapsodists
mournful
Ditties
.
And
yet
there
was
scarce
a
Garrison
upon
the
Frontiers
,
that
was
not
built
by
one
of
these
Princes
,
though
Justinian
stopt
every
Passage
and
In-road
so
advantageously
,
that
he
made
the
whole
Empire
but
one
entire
Fortification
to
it self
.
Fifthly
from
those
of
the
Militia
,
that
refused
to
go
to
the
Wars
he
with-drew
their
Pay
.
An
heavy
Oppression
this
not
to
reward
idle
People
,
that
refuse
to
serve
their
Country
.
Sixthly
he
defrauded
his
Guards
of
their
●ay
.
But
why
?
because
,
says
our
Author
,
they
were
useless
.
But
if
they
were
,
they
deserved
no
Pay
.
Lastly
he
with-drew
the
quinquennial
Donative
.
If
he
did
,
first
to
with-hold
a
Gift
is
no
Robbery
,
and
secondly
he
did
wisely
not
to
dispense
his
Rewards
promiscuously
,
but
according
to
Mens
deserts
,
and
to
this
purpose
he
created
a
new
Officer
call'd
Extraordinary
Quaestor
of
the
Army
,
to
reward
such
as
did
any
signal
piece
of
Service
,
and
his
Donatives
being
great
and
generous
,
it
made
every
Souldier
forward
to
signalize
himself
.
In
the
next
place
he
opprest
Merchants
,
The
next
that
were
undone
were
the
Lawyers
,
i.
e.
because
he
enacted
so
many
kind
Laws
on
their
behalf
under
the
Title
de
Medicis
et
Professoribus
.
But
then
he
abolisht
the
old
Circensian
Games
and
all
the
other
Heathen
sports
for
ever
.
Then
he
made
a
Reformation
,
that
all
good
Men
had
ever
desired
from
the
first
settlement
of
Christianity
in
the
World
.
Lastly
he
opprest
the
Poor
.
As
appears
by
those
prodigious
Provisions
that
he
made
,
that
there
should
be
no
such
thing
as
Poverty
within
the
Empire
;
but
for
the
Readers
satisfaction
or
rather
amazement
in
this
matter
,
I
must
refer
him
to
the
Books
de
Aedificiis
.
And
now
I
hope
I
have
sufficiently
vindicated
the
Reputation
of
this
matchless
Prince
against
all
the
malicious
Calumnies
both
of
the
Libel
and
the
Librarian
,
so
as
to
make
it
appear
that
it
could
never
be
written
by
Procopius
,
but
by
some
Man
in
the
barbarous
Ages
,
that
was
ignorant
of
the
Customs
and
Transactions
of
that
Time
,
and
that
the
whole
Work
is
nothing
but
an
heap
of
ignorance
,
malice
and
false-hood
.
And
is
proved
so
by
the
best
and
most
undoubted
Records
of
that
Age.
And
I
know
not
what
can
be
done
more
for
the
Discovery
and
Conviction
of
an
Imposture
.
FINIS
.