As touching the first,1 that appeals in Ecclesiastical causes were lawfully made unto the Prince,2 it is clear by Eusebius, by Socrates, by Nicephorus, and by S. Augustine in sundry places.3 Donatus being condemned by threescore and ten Bishops in Africa, appealed unto the Emperor Constantinus, & was received. S. Augustine saith,4 Parmenianus ultrò passus est suos adire Constantinū: Parmenianus willingly suffered his fellows to go unto The emperor Constantinus. Again he saith Infero adhuc & verba Constantini ex literis eius, 5ubi se inter parts cognovisse, & innocentē Caecilianū comperisse, restatur. Here I bring in the words of Constantine out of his own letters, wherein he confesseth, that he heard the parties, 6and found Caecilianus to be innocent. Likewise he saith, An fortè de Religione fas non est, ut dicat Imperator, vel quos miserit Imperator? Cur ergo ad Imperatorē legati vestri venerunt? What, is it not lawful for the Emperor, or for such as shall be sent by the Emperor, to pronounce sentence of Religion? 7Wherefore then came your Ambassadors unto the Emperor? And so likewise againe, Si nihil debent in his causis Imperatores jubere, Si ad Imperatores Christianos haec cura pertinere nō debet,8 quis urgebat maiores vestros causam Caeciliani ad lmperatorē mittere? If Emperors have nothing to command in these cases, or if this matter nothing touch a Christian Emperors charge, who then forced your predecessors to remove Caecilianus matter unto the Emperor? Therefore the Emperor Constantinus summoned the Bishops of the East, that had been in the Council of Tyre, to appear before him, to render account of their doings. His words be these,9 Ut re ipsa quàm sincerè, ac rectè judicaveritis, oftendatis: idque Coram me. I will you, to make your appearance, and to show in deed, how sincerely, and justly, ye have dealt: And that even before me. By these few examples it may well appear, that appeals in Ecclesiastical causes in those days were made unto the Prince: and that it was thought lawful then, for the Prince to have the hearing of the same. Yet was not the Prince therefore the Head of the Universal Church. Certainly S. Gregory thought it not amiss,10 to commit a Spiritual matter, touching the purgation of a Bishop, to Brunichilda the French Queen. Notwithstanding it be noted thus in the Gloss:11
As touchinge the first,1 that appeales in Ecclesiastical causes were lawfully made vnto the Prince,2 it is cleare by Eusebius, by Socrates, by Nicephorus, and by S. Augustine in sundrie places.3 Donatus beinge condemned by thréescore and tenne Bishops in Aphrica, appealed vnto the Emperour Constantinus, & was receiued. S. Augustine saith,4 Parmenianus vltrò passus est suos adire Cōstantinū: Parmenianus willingly suffered his felowes to goe vnto Themperour Constantinus. Againe he saith Infero adhuc & verba Constantini ex literis eius, 5vbi se inter partes cognouisse, & innocentē Caecilianū comperisse, restatur. Here I bringe in the woordes of Constantine out of his owne letters, wherein he confesseth, that he hearde the parties, 6and founde Caecilianus to be innocent. Likewise he saith, An fortè de Religione fas non est, vt dicat Imperator, vel quos miserit Imperator? Cur ergo ad Imperatorē legati vestri venerunt? What, is it not lawful for ye Emperour, or for such as shalbe sent by the Emperour, to pronounce sentence of Religion? 7Wherefore then came your Embassadours vnto the Emperour? And so likewise againe, Si nihil debent in his causis Imperatores iubere, Si ad Imperatores Christianos haec cura pertinere nō debet,8 quis vrgebat maiores vestros causam Caeciliani ad lmperatorē mittere? If Emperours haue nothing to commaunde in these cases, or if this mater nothing touche a Christian Emperours charge, who then forced your predecessours to remoue Caecilianus mater vnto the Emperour? Therefore the Emperour Constantinus summoned the Bishops of the East, that had béene in the Councel of Tyrus, to appeare before him, to rendre accompte of their dooinges. His woordes be these,9 Vt re ipsa quàm sincerè, ac rectè iudicaueritis, oftendatis: idque Coram me. I wil you, to make your appearance, and to shew in deede, how sincerely, and iustly, ye haue dealte: And that euen before me. By these few examples it may wel appeare, that appeales in Ecclesiastical causes in those daies were made vnto the Prince: and that it was thought lawful then, for ye Prince to haue the hearinge of the same. Yet was not the Prince therefore ye Head of ye Uniuersal Churche. Certainely S. Gregorie thought it not amisse,
- 1Eusebi. li. 10. ca. 5.
- 2Socrat. li. 1. ca. 34.
- 3Nicephor. li. 7. ca. 43.
- 4Augusti. Ep. 162 Contra Epist.
- 5Parmentani. li. 1 Ca. 5.
- 6Contra Cresconium Grammati. li. 3. ca. 71.
- 7Contra Epist. Parmen. li. 1. ca. 7.
- 8August. epist. 68.
- 9Socrat. li. 1. ca. 33.
- 10Gregor. li. 11. Epis. 8.
- 112 Quest. 5. Mennam.