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from these chyrnical constructions and evasions , loose, to the pope, inquiring. à beatissimo Pasophistical, by that universal proposition,' Qui • tre' (by this mild question) • an hæc esset filii * cunque me negaverit,' whosoever denied him sui tunica?" whether this were the coat of bis before men, should be denied by him before his son? Tlie pope surprized with a demonstration, Father, &c. For to put out cautious equivoca- and observing heedlully the marks which could tors from all hope of succour in this streight by not lye, returned a grave answer to the king, their distinction of verbal and mental negatives, Nec hanc esse tilii sui cumicam,' That neither I urge the precedent warning in that very text this was the attire of his son, nor be purposed betore, ' Non timere eos qui occidunt corpus, so to acknowledge the party that was taken in

et animam non possunt occidere;' not to lear that coat, and therefore lett hun wholly to civil those which have power only to kill the body, l justice, and the king's gracious pleasure. For and not the soul. "For if our Saviour bad left it is true, that ambition, wluch is most bold his disciples such a strength of surery for retreat upou advantage, is muut cowardly upon surupon pursuit, as verbal tourishes, whatsoever p.ize : and howsoever bumours may sometimes were conceived or resolved in the mind, he urge minds that are not evenly bulanced with needed not so carttully to arm thein with en- discretion and conscience, to undertahe attempts couragement and hope against assaults of crueity. ever above duty, and orientimes abore their

The passages which both you and other of strength; yet second wits observe the sips and your complices wrest from the inouth of Christ'errors of the first, and thereupon concluding at himself for a fair countenance of cozenage in inore leisure out of judgment, that“ vis exper3 this labyrinth, would rather commovere nau consilii mole ruit sua,' they begin likewise to

seam quam bilem :' though I must tell you, fear that vast desires as well as buildings, where that singular examples drawn from our Saviour, foundations are not firin, sink by thur own that was both God and man, and not only knowi inagnitude. It is not possible that humours by his eternal wisdom, but was also by his ! should be durable, considering that ' materia mitchless power to rectify whatsoever seemned pruna,' the first matter, out of which they to our dull coace its obscure, are neither rules spring, like Proteus, is capable of as many shirts of our encouragement, nor warrants for our and lurms as the world bath variations and imitation. I make no doubt for my part, but accidents, wearing and consuming like a garthese eggs of equivocation and mental reserva- ment with incessant use: but the moral virtues tion, nerer engendered nor covered by fairer which have their root in the Deity itself, and birds in better times, were hatcbed, as the poets derive their influence from grace, must of nefeign of osprays, with a thunder-clip. For. cessity be co-eternal with their author, who among martyrs and pastors primitive, their ' doth not only plant, but water, and produce praises were resounded with the loudest and out of his own goodness, correspondent fruits sweetest cries, that were most resolute, without that suit their original. evasions or tricks, to lay down a transitory life in By these demonstrations we learn what laws a moment, to the purchase of a better in eter wcre current, what bounders kept, and what nity; so tar they were from forcing wit, or strain-, course and manner of proceeding was observed ing crait to secure cowardice. But to pass over towards princes by modest bishops, which either this just motive of digression, I will conclude lived very near, or imitate i those that lived the chief point, which is the care best men have next to the precedents of apostolic humility. ever bad, to preter obedience before security, Now therefore it shall not be impertinent, the , loyalty before lite, with a discreet answer of a / subject moving in due place and with due cirpope to a king of ouis, which may serve you for cumstance, to descry, not by idle imaginations, a better precedent in the course of patience, ! but by evident impressions, how covertly, and than that either of Gregory 7, Bonitace 8, or as it were by stealth, incroachments crept upou Alexander 6, in their practices of extremity, it the carpet, before they durst by any forcible it so stand with your pleasure. Richard the attempt invade the seat of power : . et cum holy warrior, having cominitted a Vorman bi- , dormirent homines, venit homo inimicus;' and shop prisoner, whom he took in tield against ! aben inen were in sleep, the devil came, et him with luis coat armour upon his back, re- 'superseminavit zizania. It is confessed inceived within a while atter an urgent request, it diferently by all persons of all sorts, that are not a powerful instance, frou the pope, at the citlier judicious or sensitive, that those maxims earnesi desire of other bishops, for the prisoners' which pierce to the center, and touch the very enlargement; whom it pleased his fatherhood life of conscience, ought rather to be tixed upon in the letter, by a word of indulgency, but yet the prles of constancy, than carried upon the without that ground of equity which moved ihe' wheels of change; and that not Israel alone, apostle, . obsecrare pro filio suo, quem genuit but all moral and indiferent atiections ought to • in vmculis,' to press Philemon for his won One answer Amen to the curse which God prosimus, whom he begat to Christ and his church nounced with his own mouth ayamot all men of in duress, to call his son, The king wittily al-'what-Oever quality, that dare prestane to reluding by his answer to that place in Genesis, move or put aside land-marks, or bouders of where Jovepli's parti-coloured and pied coat jurisdiction, which preserve peace: and yet by was otleied to the aged father stained and tract of time and long experience, we see that sprükled with blood, sent not the prisoner uhuab illo motu ,trepidationis,' ever since that remaiwed fast, but the coat armour, which was trepidation or quivering, as it is termed by

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astrologers, which prevailed in the minds of not to raise dissention; to prepare the so bjects fearful princes, under powerful strains, there hearts to obedience, not to intiame it with prehave been many variations of degrees and dis- 1 judice; to be at peace with all the world, hold tances in the conclusions of church government, ing peace of conscience to be all in all, so they especially within these last 600 years; which might gain to Christ, and in no case to shew moves wise men to resort to the judginent of a themselves' percursores,' or 'violentes,' which grave philosopher, discoursing of diversity of the canons of the church, beside the prohibition tunes and persons that did sway those times, of Paul himself, will not suffer. either by predominance or art, quo’minùs ob Some of the latter, but best learned, writers, ortu aberant,' the less distant they were from finding by the curious examination of sundry the first original, the more perfecily they dis- passages, and infinite interpreters, how hard, cerned truth: and of the same wind is Tertul- / or rather how unpossible it is to prove their lian,' perfectiora prima,' the nearer the spring title to this high prerogative of deposing kings, head, the purer streans: which is the scope of by direct evidence out of the word of God, and our industry.

such witnesses of record as are above excepTo rip up matters therefore from the very tion; resort to prove by charter, grant, and root, without obstruction or p. ssion, we may privilege from princes pieries: as for example, observe, that so long as the plough of persecu- from Constantine the first and best, Phocas tion did not only make deep furrows on the the tirst and worst, Ina king of the West Saxons backs of godly bishops by torture, (which the that was religious, and king John that w::s improphet by the text in the Psalm, • Super dor- pious, as well • sans foye,' as his title was "sans

suin meum fabricaverunt peccatores,' seemeth terre.' In which crew, some intendmg serious to touch) but by vexation and anguish also in devotion, others pretending teigned satisfaction their very souls, which those bumble spirits to other ends; and I, as the times then feel that are most sensitive of the least scratch taught, that no seeds spring up more speedily given to loyalıy; it rent up by the roots all than those which are sowo • in area Dominica, those needs of ambition and emulation which for redemption of souls, left them better earnest in calm seasons are apt to spring out of the of their hopes by gift, than our Saviour did in rank grounds of original infirmity: for till the his testament by legacy. Against the pretended blessed reign of Constantine, wherein the rage charter or donation, which some of the canon of persecution began to cerise, I find almost ists more zealous than judicious seek to derive universally no other kind of strife among the from Constantine to Sylvester, tbough I need godly fathers, than whose counsel or endeavour, say little, because the best grounded judgments by a religious and modest kind of emulation, and most modest spirits of that sort, have torn might be of best use to the propagation of the away the painted visard froin that warped face; Church's limits, and of God's glory. The yet because in matters of this moinent too Church irself (which is the body mystical of much cannot be said, I mean, more succinctly Christ) might by analogy be properly resem- than the nature of that subject, being once unbled to the stomach of a body natural, which dertaken, doth permit, to press some short arthough it receive much, yet makes equal distri- guments. First, how unlike it is that Sylvester, bution, by dividing and dispersing that which the next bishop but one to that worthy and reit receives, to the use and sustenance of all the nowned rank of martyrs that lost their lives for other parts, which would otherwise decay, and the profession of Christ, should upon the first by degrees waste and perish.

pause of respiration to take breath, after so If all this while a tribune had stood up to many manful combats against God's enemies, complain against the Church of Rome, as Me- abuse the favour of so gracious a time, by huntnenius Agrippa did against the senate, com- ing after the vain tenures of principality: The paring it to the belly, which devoured all, and bishops that have kept themselves above water did no good, the poorest and the weakest mem all this while, by the strength and favour of that ber would have otterly disclaimed and dis powerful hand, which supported Peter on the avowed the least sense of such a wrong: but seas when he was at the point to sink, by if the belly afterwards by caring only how to learning now to swim suddenly with the bladfeed itself, did pine the other parts (as the po- ders of the world's ambition, might have cast pulars did then suygest) and by transforming themselves into greater danger of drowning in the orderly and well compacted body of the the rivers of Damascus, than in the Red-Sea state politick into a monster, by so great dis- that the saints passed orer. proportion of nourishment, did vivlate the Platina reports out of the pope's own relaws of nature, and dissolve the hords of union, cords, that Sylvester refused at the band of we must confess, that both Menenius with Constantine diadema gemmis distinctum,' a them, and, if the case be like, all faithful pas crowa or diadem set with precious stones, as triots and members among us, have reason to an ornament not convenient nor agrerable to a require remedy.

pastor in his place. Though godly Nestor calls It is certain, that the end of these first bi- l it only . signum superbiæ,' a sign or badge of shops was then to feed the flock, not to fill the pride; Sylvester should bave been found guilty pail; to spread the faiili, noi to extend the not of a sign, but of pride itself, and that in line; Yo draw kings in pertect on, not to de- the highest kind, by the grand jury of all his pose che:n from their states; to setile peace, predecessors saiats in heaven, in case be bad

VOL. 11.

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accepted what these men certify to have been that monarchy. For after that, Ætius, lieute-
otiered. Among the fathers and histories of nant for the Roman emperor in the parts of .
the church (how copious and large soever in ex- France, did only send instructions and orders
pressing the great favours which the spouse of to the wasted Britons how to range their bat-
Christ received by the piety and bounty of this ues, and dispose their tighis, with a careful, and
emperor in other kinds) appears no scrip of yet a final answer, not to look for any more
evidence to make good this grant; which were sopplies or aids for that estate, which then fell
an argument of great ingratitude, if they had into faction, and was no longer able to support
either heard of any disposition in the prince itselt; the Britons holding themselves aban-
to give it, or in ihe pope to accept it. Neither doned, (in which case all laws free them both
is it like that so religious a prince would have of duty, and dependency) after many bloody
left that to his son, that he gave to the church, batiles under their own kings against the Scots
ner from thence bis godly successors, as Theo- and Picts, tell into the Saxons hands, who like
dosils, would have detained it. Besides, all a Pharaoh that never knew Joseph or his fa-
writers prove how powerful the lieutenants of ther's house, erected a brave monarchy, tho’
the Greekish empire, wbom they called Ex- sometimes quartered and divided into many
archs, were long after i he date of this preience, paris among themselves, and maintained it in
which could not stand with the strength where absolute authority, without acknowledgment of
in bercby they strive to plant the papacy. I any foreign or superior command, till by a se-
tind by direct acknowledgement, 'venisse pro- cond or third relapse, it became a prey to the
'ventus, &c.' that revenues came from certain Norman conquest. Wherefore Phocas having
places for the maintaivance of the church of neither possession nor right in this state (lett by
St. Paul, erected at the humble suit of Sylvester negligence, or abandoned by necessity so ma-
by Constantine; and froin Sardinia, by the ny years before,) could convey no more to the
report of some, to that church which his holy church, than he either had, or ought to have,
mother built. Again, that the tributes were which was ó accidens sine subjecto, individuum
conferred on the churches, which some cities - vagum,' and a ' nibil indeclinabile.' The con-
payed into the exchequer in former times: and tribution of Peter-pence to Rome by Ina, being
these I take to be the shadows and colours of called in the Saxon bistories the king's Alme-
this idle dream. For of the charter itself, son, in the laws of Canutus, · Larga Regis be-
which exceedeth ten times in value all that is ‘nignitas,' and in that abstract which is left of
recorded touching churches in particular, and the Confessor's and Conqueror's decrees, ' Regis
in respect of a greater eminency and preroga eleemosyna, proceeded, as the words import,
tive, should have carried a far greater reputa not of dity but of charity; and in respect
tion, and made a fairer shew, there is not so of any temporal prerogative, which is the key
much as a mask whereby they may take their of these aspiring claiins, doth rativer prove the
aim that are most ambivous. How little cre- pope then sitting to have been king Ina's
dit, strength or honour any church can gain by beadsman, than king Ina then reigning, io hare
deriving charters from Phocas, a lascivious been the pope's homager.
faithless tyrant, wickedly embrued with the I could alledge also an allowance of a special
slaugiter of Mauritius his master, uile, and mansion for English pilgrims that nere drawn
heirs, and usurping that estate unjustly, by the to Rome about atfairs, bearing that title to this
countenance wi.ereof he was bold to give more day, in respect of the great piety and bounty of
than either of right he ought or could, I leave the Saxon kings; wbich falling witbin the com-
10 their opinions that love to measure clams pass of that natural contracto Do ut des,' co-
and titles rather by the line of equity, than by piously handled by the civil laws, and compared
the last of ambition. But yet to make more with ihe contribution, may rather prove an ex-
of a tyrant by vouchsafing a short answer to bis change than an imposition.
shadow, than in conscience is requisite; I first To the colour of king John's donation, who
inter that such charters granted chiefly upon was as likely to have paried with his soul as
ground of cunning, and with a purpose to with his crown, and upon tbe same conditions,
maintain the plot by party, which was un if necessity bad pressed him; I could give sa-
dertaken and begun by fraud, might either tisfaction by that sound note of a monk of Saint
have been afterward revoked by himself, or an- | Albans, according tunably with that former
nulled and repeated by his successors: and fur- concerning Phocas out of the civil laws, that,
ther say, by judgment of the best civilians, that Regis non est dare regnum, quod est respub-.
no prince's act is warrantabile, without the pub lica, sie assensu Baronum qui tenentur reg-
Tick assent, according to that inaxim, ' Quod nom defendere:' and therelore he cannot give

omnes tangit, ab omnibus approbari debet,' away the ports and cities, which are brauches
that tendeth to the state's prejudice.

and members of the main. But I will take it Last of all, I prove that our country in par- up a streighter link, and avow by Matthew ricular could take no copper by this transpo- Paris, that so far was the parliament, which he sition, admituing it to hiwe been sound and ab- termeth · Regoj universitatem,' trom assenting sulute, because we were excluded from the detestandæ obligationi' to this detestable and Care, protection and providence of the Roman hatetul band, as it is titly called by the monk of empire, very near two hundred years before Westminster, that the metropolitate himself, that Phocas with his bloody hand began to steer pro universitate contradixit,' contradicted and

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, 4 JAMES I. 1606.in the Gunpox der Plot. [29+ withstood it in the behalf of the whole parlia- | church government, bardly Christ of his own ment.

creature in the time of pope Alexander the 6th, The judgment of Philip the French king upon if he had been put in mind to call on him. In the publication of this charter is much com the beginning it agreed with Daniel's image in mended by a writer of that age, for the defence the head of gold for godly government, in the of this Paradox, which he thought would prove breast of silver for unspotted conscience, and * perniciosum regibus et regnis exemplum,' a in the legs of brass for incessant industry. But . dangerous example, and fearful precedent both atterward in succeeding ages, the heads of many to kings and kingdoms. He would have men popes grew humourous, their breasts avaricious, resort to Peter's successors about matters that and their legs idle. concern the soul, and not 'de regnis, guerris, That boly Nicene Council, whereof I never . vel inilitia,' which do not belong to him. Last speak wiihout reverence and due regard, in of all, the saying which was luckily inserted in that great division which was made of the pathis charter or donation, namely, Salvis nobis triarchal jurisdictions according to the state of * et herædibus nostris justitiis, libertatibus et the church in those days, for establishment of

regalibus nostris,' makes it absolutely void discipline and preservation of unity, speaks not and of no effect: the main prerogative being one word of any temporal command, inuch less sately preserved, by God's providence, which of any right in suspending or deposing kings, or the king would otherwise have let slip, by a absolving subjects from their oaths of obedience circumvented and over-awed facility. It is re- and loyalty, to be left in the nature of an llierported by the monk of Westminster, a witness, lome to the Roman bishops by primitive acaccording to the state of those times, of best knowledgment. But as Sallust, very gravely regard, that the pope residing and abiding at and like a faithful patriot, complains touching Lions, this detestable grant was burnt. The the state politick of Rome in his own time, that author of Eulogium addeth further, that it was postquam divitiæ honori esse coepere et eas released 'cum omni fidelitate et homagio,' by gloria, imperiun, potentia sequerentur;' Facthe pope's direction to the English parliament. tion and pride began to creep up to the seats of And sir Thomas More, that lost his life in de senators, and the publick justice of the state to fence of the pope's primacy, deserves best of shake: So likewise in the church we find, that any to be credited in my ceit, avowing, upon like corruption like disorders grew, and first a weakness in the king seeking to subject mary weaknesses began daily more and more his crown to superior commands; and next, in to disclose themselves in those bright sun-shine the grant a nullity. Besides, not only sir Thomas days which the saints enjoyed by the bounty of More affirms, that the pope's imposition, with a better prioce, as cockle starts up when corn the king's concession, was never paid; but it is grows ripe, which before was either shadowed further fortified by addition out of the roll of with discouragement, or suppressed by disciparliament, in the fiftieth year of Edward 3rd, pline. I speak not this, because some such that when the king was threatened with a citita kinds of heats and quick distempers bave not tion from Romne for detaining dues upon this sometimes happened, and may not by occasions grant, with large arrearage, the whole body fall out again between God's own elect, as Pespiritual and temporal of the kingdom there ter and Paul, Paul and Barnabas, and the godly assembled, after grave deliberation and long bishops in this very council, which I press, tho' advisement, 'resisterent et contradicerent, avec with that dieasure which becomes the ministers • toute leur puissance;' and upon these grounds, of God and his apostles successors, because it that the charter was against the king's oath 'at pleaseth him sometimes out of our error to bis coronation, and without the voice of bis raise his own honour, and to make virtue perparliament.

fect and compleat by intimity : but to make it Since therefore Phocas, Ina, John, nor Con- plain, that plenty is the daughter of prosperity, stantine, add any further weight to the pretence ambition of plenty, and corruption of ambition. of a deposing interest, than was in charge bes For atter that bishops were aidmitted to appeal fore; discretion and observation will judge from civil courts by the emperor himself, and whether the state of the Roman bisliops were their sentences by imperial authority were made not bad in greater reverence while they sought equal to his own; they began to raise their to win by piety, than to strain in passion, to

crest, and within a while, as it is testified by bow than to break, and to temper than to ex one of the most antient approved writers of the asperate. Religion and bumility then were the church, 6 Episcopatus Romanus non aliter corner-stones of that stately front which the quam Alexandrinus quasi extra sacerdotii tines world so much at the first admired in the egressus, ad secularem pricipatun jam antè church of Rome, tho' afterward by the coangel" delapsus est :' The see of Rome, in the same of bishops in that see, and of humours in those manner as that of Alexandria, as it were exbishops, so great alteration was found, as Mi- seeiling the limits and bounds of priesthood, perva coming afterward to Athens, could bardly had slid into secular principality; tho' the bitake notice of her own ship, nor Constantine at shops of neither of those sees, as we may asRome of his own purse: nor, as St. Hierome sure ourselves, were ignorant of Paul's prohibinotes of painted women, that cast their eves: tion to all degrees of pastors, that they should to heaven, it we consider how many false not intermeddle with secular attairs, so far as colours bave been set upon the pillars of concerns an over-dropping of the regal plants,

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because a bishop should no more live out of the This passion of a writer whom we account element of the church, nor a mouk out of a prophane, in respect he was unregenerate to desart, than a tish out of water. For Christ | Christ, nor nursed by the breast of his spouse fled into the mountains when tbe people would the churcb, puts me in mind of a zealous have made him king: and bishops ought with passion in Hector Boetius, a great Roman Joseph rather to lease their cloaks behind them, Catholic, upon this rery subject in the Scotish than to consent to the charms and vain entice- history, · Hujusmodi antistites quàm sunt illos ments of the world, which like the wanton wife órum dissimiles quia diversa ingrediuntur via of Potiphiar siretcheth forth her arms, and, cum locum illorum occupent, &c. He wonwith the Syrenes, straineth her voice to draw | ders at the difference between those bishops, them within the compass of tentation, and and others at this day, which succeeding in then taketh hold to drown them in sensuality. their places, take another course: they glistered

Now, whereas it is said by Socrates, • Jam not in gold, they were not resiant in princes ' antè delapsus est,' that the see of Roine did courts, they were not attended by guards, por slip before that tiine, whereof he speaks, into skilful in the art of dissembling, more gainful secular principality, I am induced by the report by many degrees than that of poetry, which of Aminianus Marcellinus, a grase writer, the universities use to crown with laurel. This though no christian, to take my level somewhat mored Boniface, I mean the martyr, not the higher for the finding of my mark: for be living challenger, to prefer the devotion of the golden in that line about the court, and observing as bi-bops, that in the church's povertyadıninistered it were from the main top of the temporal with greater fervency in wooden chalices, before estate, what course was kept among all sorts the vanity of many blockish bishops that in a and qualities of persons in divers elements, richer state with niore solemnity and less zeal, makes mention of a blooily slaughter in a church administer in chalices of gold; because, as of Rome, where the christians were wont to Ilierom notes, external riches add not to the meet for the celebration of their mysteries, worth of him, ' qui corpus Domini in canistro about the violent competition and contention vimineo, sanguinein in vitro portat;' that carbetween Damasus and Crsicmus for the papa- ries the body of our Lord in a wicker basket, ey; and taketh notice of 137 carcases drawn and his blood in a glass. I would not be conout of the church where they met about elec-ceived by this speech, to favour their ridiculous tion: and further writerhi, that Vivianus, then conceits, that labour to draw the substance or lieutenant to the emperor, was glad to make the value of those vessels in which sacraments retreat into the suburbs, till the rage were are administrated, to the first simplicity : for, tempered, or the sirife ended. After this, as a the reason of David's judging it indecent for man partial to neither part, and therefore himn to lodge in domo cedrina cum arca Dei in all likelihood the more indiferent and just esset sub pellitus,' draws me to a greater in deensing rightly of the true state of the cause, estimation of vessels appertaining to so high a he gathers the chiefest inotive of contention and mystery. For sure I am, that the value of emulation about the means of compassing this the content, doth infinituly surmount the conheight, to proceed from the great case, sealth, tinent; and in adiaphoris,' that is, things inand honour, that prevailed and were surely dillerent, we are left to the rule of decency. settled and established in that dignity. His My only purpose is but to observe and tax rasons are, for that • Matronarum oblationibus the declination of piety, together almost at ditabantur,' they were enriched with the of- one instant with multiphcation of metals and ferings of matrons or great ladies: they rode minerals, the labour which is made for charges in coaches publicly: they were choicely suited and employments for commodity alone without in their apparel; their diet dainty, and some-conscience; and to limit those excessive grants times above the rate and use of princes in the in manu viva,' which our antecrssors did. iv times of their banqueting. That Damasus a manu mortua,' and the ranging of internal competitor was one of these, Ammiams doth piety to external pomp, though of both it were not attirın; much less do I believe, finding better, that we wanted means that are superwith what respect and reverence St. llierom fluous, than the moderation that is necessary. that had been himseli a priest of Rome doth For Chrysostom notes two great absurdities in speak of him: yet the manner of his climbing craniming churches till satiety constrain them and aspiring to the seat was scandalous, not to regorge; the one, that laynen are deprired only unto such as were religiously devout, but of occasion to shew charity; the other, that even to Ammianus Marcellinus that was but the pastors themselves oiten neglect their duties, morally precise: as doth appear by that grave to become collectors. This is no ground for judgment which he gives of the blessed state, gleaning fross the church, which at this day which as he links the bishops of Rome might doth rather need “Largitore bilari, quàm inenjoy, in case they lived in that sober manner, terprete maledico :' but to prove that arguwith that bare diei, mean apparel, and humble ments against excess and beight, are the suresi looks cast to the ground, which other bishops tenures, and the strongest pillars of stability ; in the country did, neithertastog nor estiaming for “in se nagna ruunt, summisque negatun those choice pleasures and delights which the et stare diu.' In detence of Ammianus Marselicacy and great abundance of that place cellinus from exception either of partiality or storded them,

ignorance in that which he speakerb of the

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