make laws for the truth and against false doctrines; which laws whosoever shall despise, gets damnation to himself.”

8. For if we consider that famous saying of Optatus, that "ecclesia est in republica, non respublica in ecclesia," "the church is in the commonwealth, not the commonwealth in the church," and the church is not a distinct state and order of men, but the commonwealth turned Christian, that is, better instructed, more holy, greater lovers of God, and taught in the knowledge of our Lord Jesus; it is not to be imagined that the emperors, or supreme governors, should have the less care and rule over it, by how much the more it belongs to God. This fancy first invaded the servants, when they turned Christians; they thought their masters had then less to do with them. The Apostle tells them, as in the case of Onesimus, that it is true, they ought to love them better, but the other were not the less to be obedient; only there was this gotten by it, that the servants were to do the same service for the Lord's sake, which before they did for the laws. But it is a strange folly to imagine, that because a man hath changed his opinion, he hath therefore changed his relation; and if it were so, he that is weary of his master, may soon change his service by going to another tutor. Religion establishes all natural and political relations, and changes none but the spiritual; and the same prince, that governs his people in the time of the plague, is to govern them, when they are cured; and the physician, that cured them, hath got no dominion over them,-only 'in regimine salutis,' he is principal, he is to govern their health. The cases as to this are parallel between the soul and the body. And therefore the emperor Constans declared his power and his duty too, "de omnibus curam agere et intendere quæ respiciunt ad utilitatem Christianissimæ nostræ reipublicæ;" "to take care and to intend all things, which regard the advantage of our most Christian commonwealth :"-and Aimonius' tells of King Clovis, that, in one of the councils of Africa held at Clupea, he described his office and duty by these two summaries, "Publicis rebus consultores advocare, et ea, quæ Dei et sanctorum ejus sunt, disponere ;"" To consult about public affairs of the commonwealth, and to dispose of those things, which belong to God and to his saints."

In Concil. Roman, sub Martino I.

Lib. 4. cap. 41.

9. But the consideration of the particulars will be more useful in this inquiry, and first,

The supreme civil Power hath Authority to convene and to
dissolve all Synods ecclesiastical.

10. This appears, 1. in that all the first councils of the church, after the emperors were Christian, were convocated by their authority. The council of Nice was called by Constantine, as is affirmed by Eusebius, Ruffinus', Sozomen", and Theodoret and when the Eusebians had persuaded Constantine to call a council at Tyre against Athanasius, the prince understanding their craft and violence, called them from Tyre to Constantinople: and, by the same emperor, there was another council called at Arles. The council at Sardica, in Illyria, was convened by the authority of the emperors Constans and Constantius, as the fathers of that synod themselves wrote in their letters to the Egyptians and Africans: and Liberius" the bishop of Rome, with many other bishops of Italy, joined in petition to Constantius to convocate a council at Aquilea,—not to suffer them to do it, but that he would,-for to him, they knew, it only did belong. Theodosius the emperor called the second general council at Constantinople; as Socrates, Sozomen, and Nicephorus, relate: and the fathers of the council write in their synodical constitutions, with this expression added, "Ea quæ acta sunt in sancto concilio, ad Tuam referimus pietatem,”—“ Whatsoever was done in that synod, was wholly referred and submitted to the prince's piety."-The great Ephesine council, which was the third Ecumenical, was convened by Theodosius Junior, 66 ex proprio munere et officio, et ex animi sui deliberatione," so himself affirms,-" out of his own free choice, according to his office, and his duty." But his rescript, by which he convened the council, is a most admirable letter, and contains in it a full testimony of the truth of this whole rule, and does excellently enumerate and imply all the parts of the imperial jurisdiction in causes of religion. The sum of which is in the preface of that rescript in these

De Vita Constant. lib. 7. cap. 6.
Lib. 1. cap. 16.

▾ Apud Athanas. Apol. 2.

a Theodor. lib. 2. cap. 16. in Dial. apud Baron. tom. 3. A. D. 353. n. 19. Apud Cyril. Ep. 4.

t Lib, 1. Hist. cap. 1.
* Lib. 2. Hist. cap. 5.
Apud Athanas. ibid.

et Liberias in Epist. ad Hosium Cordub.
b Synod. Constit. Libell.

d Epist. 17. apud Cyrillum.

words; "Our commonwealth depends upon piety [or religion] towards God, and between them both there is a great cognation and society; for they agree together, and grow by the increase of one another: so that true religion does shine by the study of justice, and the commonwealth is assisted by them both. We therefore, being placed in the kingdom by God, having received from him the care both of the religion and the prosperity of the subject, have hitherto endeavoured, by our care and by our forces, to keep in perpetual union and for the safety of the republic we are intent to the profit of our subjects, and diligently watch for the conservation of true religion; but especially we strive that we may live holily, as becomes holy persons, taking care, as it befits us, even of both; for it is impossible we should take good care of one, if we neglect the other. But above the rest, we are careful, that the ecclesiastical state may remain firm, so as is fit to relate to God, and to be in our time,-and may have tranquillity by the consent of all men, and may be quiet by the peace of the ecclesiastic affairs; and that true religion may be kept irreprovable, and the lives of the inferior clergy and the bishops may be free from blame. This is the sum of his duty, and the limit of his power, and the intention of his government."-And to these purposes he called a council, threatening punishment to any prelate, who was called, if he neglected to come. If the emperor took more upon him than belonged to him, he was near a good tutor that could well have reproved him, the fathers of the Ephesine council; but if he took upon him but what was just, this testimony alone is sufficient in this whole question. But he ended not so, but shortly after called another council in the same place, against the will of Pope Leo, who yet was forced to send his deputies to be assistant at it. But that council had an ill end and to repair the wounds made to truth by it Pope Leo petitioned the emperor for another to be held in Italy. But the emperor was then not much in love with councils, having been so lately deceived by one; and therefore put it off, and died; and his successor Martianus called one at Nice, but, changing his mind, had it kept in Chalcedon. I shall proceed no further in particular, but account it

e

In concil. Chalced. act. 1. Scribens ad Dioscorum Alex. Leo. Epist. 21. tom. 1. Epist. Rever. Patr.

sufficient what Cardinal Cusanus f acknowledges: "Sciendum est, quod, in universalibus octo conciliis, semper invenio imperatores et judices suos cum senatu primatum habuisse." For this is more than the mere power of calling them; for that he might do upon many accounts: but "the emperors and his judges and council always had the primacy in the eight general councils."

11. As the emperors did convene, so they did dismiss, the ecclesiastical conventions; as appears in the acts of the Ephesine council, where the fathers petition the emperor, that he would free them from that place, and give them leave to wait upon him to see his face, or, at least, he would dismiss them, and send them home to their own churches. The same petition was made by the bishops at Ariminum to the emperor Constantius, and by the fathers at the council of Chalcedon to Martianus. But these things did never please the Italians, after their patriarch began to set up for ecclesiastical monarchy: and they, as soon as they could, and even before their just opportunities, would be endeavouring to lessen the imperial power, and to take it into their own hands. But this is one of the things, that grew to an intolerable mischief; and was not only against the practice of the best ages, and against the just rights of emperors, but against the doctrine of the church.

12. For St. Jerome1 reproving Ruffinus, who had quoted the authority of some synod, I know not where, St. Jerome confutes him, by this argument, "Quis imperator jusserit hanc synodum congregari ?" "There was no such synod, for you cannot tell by what emperor's command it was convened." -To this purpose there was an excellent epistle written by certain bishops of Istria to Mauritius the emperor *, enumerating from the records of the church the convention of ecclesiastical councils to have been wholly by the emperor's disposition; in which also they dogmatically affirm, "semper Deus præsentiâ Christianorum principum contentiones ecclesiasticas sedare dignatur," "God does always vouchsafe to appease church-quarrels by the presence of Christian emperors:" meaning, that, by their authority, the conciliary

f De Concord. lib. 3. cap. 16.

Vide etiam Baron, tom. 5. A. D. 441. n. 103. Thod. lib. 2. cap. 19, 20.
h Fine 6. act.
1 Apol. ad. Ruffin. lib. 2.

Apud Baron. A. D. 590. tom. 8. n. 40.

definitions passed into laws. But who please to see more particulars relating to this inquiry, may be filled with the sight of them in the whole third book of William Ranchin's Review of the Council of Trent.

The supreme civil Power hath a Power of external Judgment in Causes of Faith.

13. This relies upon the former reasons, that since propositions of religion and doctrines of theology have so great influence upon the lives of men, upon peace and justice, upon duty and obedience, it is necessary that the supreme civil power should determine, what doctrines are to be taught the people, and what to be forbidden. The princes are to tell what religions are to be permitted and what not: and we find a law of Justinian' forbidding anathematisms to be pronounced against the Jewish Hellenists; for the emperors did not only permit false religions by impunity, but made laws even for the ordering their assemblies, making ecclesiastical laws for enemies of true religion: so necessary it is for princes to govern all religion and pretences of religion within their nations. This we find in the civil law, in the title of the code de Judæis,' in many instances. A law was made by Justinian also, that none should be admitted into the Jewish synagogues, that denied angels, or the resurrection, or the day of judgment. Thus the civil power took away the churches from the Maximianistæ, because they were an under sect of the Donatists condemned by their superiors. But then that the Christian princes did this, and might do this and much more in the articles of true religion, is evident by many instances and great reason.

14. There is a title in the first book of the code, 'Ne sacrosanctum baptisma iteretur,' against the Anabaptists. Charles the Great made a decree" against the worshipping of images, and gave sentence against the second Nicene council in that particular: and Sozomen reports, that Constantine cut off unprofitable questions, to prevent schisms in the church; which example our kings of England have imitated by forbidding public preachers or divines in schools to meddle in the curious questions of predestination. Thus the public laws of a nation often declare, who are, and who are

Novel. 146.

m Videl. Nemo. ff. de Summa Trinitate.