VIII.5. To call and dissolve all solemn assemblies about the public affairs of the Church.

V. ¹The consuls of Rome Polybius affirmeth² to have had a kind of regal authority, in that they might call together the senate and people whensoever it pleased them. Seeing therefore the affairs of the Church and Christian religion are public affairs, for the ordering whereof more solemn assemblies sometimes are of as great importance and use, as they are for secular affairs; it seemeth no less an act of supreme authority to call the one than the other. Wherefore amongst sundry other³ prerogatives of Simon’s dominion over the Jews, this⁴ is reckoned as⁵ not the least, “that no man might gather any great assembly in the land without him.” For so the manner of Jewish regiment had always been, that whether the cause for which men assembled themselves in peaceable, good, and orderly course⁶, were ecclesiastical or civil, supreme authority should assemble them. David gathered all Israel together unto Jerusalem, when the ark was to be removed; he assembled the sons of Aaron and the Levites⁷. Solomon did the like at such time as the temple was to be dedicated⁸: when the Church was to be reformed, Asa in his time did the same: the same upon like occasions done afterwards by Joas, Ezekias, Josias, and others⁹.

¹⁰The ancient imperial law¹¹ forbiddeth such assemblies as the emperor’s authority did not cause to be made. Before emperors became Christian¹², the Church had never any synod general¹³; their greatest meetings¹⁴ consisted¹⁵ of bishops and others the gravest in each province. As for the civil governor’s authority, it suffered them only as things not regarded or accounted¹⁶ of, at such times as it did suffer them. So that what right a Christian king hath as touching assemblies of that kind we are not able to judge, till we come unto later times, when religion had won the hearts of the highest powers. Constantine (as Pighius¹⁷ doth grant) was not only the first that ever did call any general council together, but even the first that devised the calling of them for consultation about the business¹⁸ of God. After he had once given the example, his successors¹⁹ a long time followed the same; insomuch that S. Jerome, to disprove the authority of a synod which was pretended to be general, useth²⁰ this as a forcible argument²¹, “Dic quis imperator hanc synodum jusserit convocari.” Their answer hereunto is no answer, which say, “that ²²emperors did not this without conference had with ²³bishops:” for to our purpose it is enough, if the clergy alone did it not otherwise than by the leave or²⁴ appointment of their sovereign lords and kings.

Whereas therefore it is on the contrary side alleged, that Valentinian the elder²⁵ being requested by Catholic bishops to grant that there might be a synod for the ordering of matters called in question by the Arians, answered, that he being one of the laity might not meddle with such affairs²⁶, and thereupon wished²⁷, that the priests and bishops, to whom the care of those things belonged²⁸, should meet and consult thereof²⁹ by themselves wheresoever³⁰ they thought good: we must together³¹ with the emperor’s speech weigh the occasion and the³² drift thereof. Valentinian and Valens, the one a Catholic, the other an Arian, were emperors together: Valens the governor of the east, Valentinian³³ of the west empire. Valentinian therefore taking his journey from the east part into the west³⁴, and passing for³⁵ that intent through Thracia, the bishops there³⁶ which held the soundness of Christian belief, because they knew that Valens was their professed enemy, and therefore it the other were³⁷ once departed out of those quarters, the Catholic cause was like to find small³⁸ favour, moved presently Valentinian about a council to be assembled under the countenance of his authority; who by likelihood considering what inconvenience might thereby grow³⁹, inasmuch as it could not be but a mean⁴⁰ to incense Valens the more against them, refused himself to be author of, or present at any such assembly; and of this his denial gave them a colourable reason, to wit, that he was although an emperor, yet a secular person, and therefore not able in matters of so great obscurity to sit as a competent judge; but, if they which were bishops and learned men did think good to consult thereof together, they might. Whereupon when they could not obtain that which they most desired, yet that which was⁴¹ granted them⁴² they took, and forthwith had a council. Valentinian went on towards Rome, they remaining in consultation till Valens which accompanied him returned back; so that now there was no remedy, but either to incur a manifest contempt, or else at the hands even⁴³ of Valens himself to seek approbation of that they had done. To him, therefore, they became suitors: his answer was short, “Either Arianism, or else⁴⁴ exile, which they would;” whereupon their banishment ensued. Let reasonable men therefore now⁴⁵ be judges, how much this example of Valentinian doth make against the authority, which we say that sovereign rulers may lawfully have as concerning synods and meetings ecclesiastical.

⁴⁶The clergy, in such wise gathered together, is an ecclesiastical senate, which with us, as in former times the chiefest prelate at his discretion did use to assemble, so⁴⁷ afterwards in such considerations as have been before specified, it seemed⁴⁸ more meet to annex the said prerogative unto the crown. The plot of reformed discipline not liking hereof⁴⁹ so well, taketh order that every former assembly before it break⁵⁰ up should itself appoint both the time and place of their after meeting again. But because I find not any thing on that side particularly alleged against us herein, a longer disputation about so plain a cause shall not need.

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Footnotes

1. r E.C.L.Q. begin this paragraph with the word “amongst,” in lin. 14, transposing all that goes before it so as to come in after “and others.” ↩

2. Polyb. lib. vi. de Milit. ac Domest. Rom. Discipl. [c. 12.] ↩

3. s other om. E.C. ↩

4. t there E. ↩

5. 1 Macc. xiv. 44. ↩

6. u sort E.Q.C.L. ↩

7. 1 Chr. xv. 3, 4. ↩

8. 1 Reg. viii. 1. ↩

9. 2 Chr. xv. 9; xxiv. 5; xxx. 1; xxxiv. 29. ↩

10. x Before this paragraph two insertions are made in E.Q.C.L. 1. From “The Consuls” to “Wherefore,” noticed above note r. 2. From “The clergy” to “shall not need,” as below, p. 395. The two are connected thus: “Wherefore the clergy,” &c. ↩

11. Dig. xlvii. 22. De Collegiis Illicitis [et Corporibus.] L. i. [1. Mandatis principalibus præcipitur præsidibus provinciarum, ne patiantur esse collegia sodalitia, neve milites collegia in castris habeant … ne sub prætextu hujusmodi illicitum collegium coeant … Sed religionis causa coire non prohibentur: dum tamen per hoc non fiat contra senatus consultum.” 3. “Nisi ex senatus consulti auctoritate, vel Cæsaris, collegium, vel quodcunque tale corpus coierit: contra senatus consultum, et mandata, et constitutiones collegium celebrat.”] Cod. Just. i. 3. De Episc. et Presbyt. [et Cler. L. 15.] De Illicit. Conventiculis. [“Conventicula illicita etiam extra Ecclesiam in privatis ædibus celebrari prohibemus; proscriptionis domus periculo imminente, si dominus ejus in ea clericos nova ac tumultuosa conventicula extra ecclesiam celebrantes susceperit.” ad 404.] ↩

12. y Christians E.C.L. ↩

13. z general synod E.C. ↩

14. a meeting E.Q.C.L. ↩

15. b consisting E. consists C. ↩

16. c not accounted E.Q.C.L. ↩

17. [Albert Pighius, of Kempen in Holland, (1490-1542.) “Aucun controvertiste n’a poussé plus loin le zèle pour les prétensions de la cour Romaine.” (Biog. Univ.) The work quoted is Hierarchiæ Ecclesiasticæ assertio, 1544, several times reprinted.] Hierarch. lib. vi. cap. 1. [“Constantini principis pius religiosusque zelus prima eorundem causa et origo extitit.”] ↩

18. d businesses E. ↩

19. Constant. concilium a Theodosio sen. indictum: Theod. l. i. [5.] c. 9. Ephesinum 1. nutu Theodosii jun. convenit. Evagr. i. 2. [i. 3.] Sardicen. concil. a Constant. [Sardicense Constantius indicit. D.] Theod. ii. 4. Chalcedon. impetratum a Martiano. Leo, Ep. 43. ↩

20. e used D. ↩

21. Hieron. cont. Ruffinum, lib. ii. [§ 20. St. Jerome, as appears by the context, was rather disputing the existence than the authority of the alleged synod. “Responde, quæso, synodus, a qua excommunicatus est (S. Hilarius), in qua urbe fuit? Dic episcoporum vocabula; profer sententias subscriptionum . . Doce qui eo anno consules fuerint, quis imperator hanc synodum jusserit congregari: Galliæne tantum episcopi fuerint, an et Italiæ et Hispaniæ: certe quam ob causam synodus congregata sit. Nihil horum nominas.” t. ii. 513. ed. Vallars.] ↩

22. f the om. D. ↩

23. f the om. D. ↩

24. g and E.Q.C.L. ↩

25. Sozomen. lib. vi. cap. 7. [Οἱ περὶ Ἑλλήσποντον καὶ Βιθυνίαν ἐπίσκοποι, καὶ ὅσοι ἄλλοι ὁμοούσιον τῳ̑ Πατρὶ τὸν Υἱὸν λέγειν ἠξίουν, προβάλλονται πρεσβεύειν ὑπὲρ αὐτω̑ν Ὑπατιανὸν … ὥστε ἐπιτραπη̑ναι συνελθει̑ν ἐπὶ διορθώσει του̑ δόγματος· προσελθόντος δὲ αὐτου̑, καὶ τὰ παρὰ τω̑ν ἐπισκόπων διδάξαντος, ὑπολαβὼν Οὐαλεντινιανός, ἐμοὶ μὲν, ἔϕη, μετὰλαου̑ τεταγμένῳ, οὐ θέμις ἐστὶ τοιαυ̑τα πολυπραγμονει̑ν. οἱ δὲ ἱερει̑ς οἱ̑ς ταυ̑τα μέλει καθ’ ἑαυτοὺς ὅπη βούλονται συνίτωσαν.] Ambros. Epist. 32. [21. t. ii. 860. Ad Valentinian. ii. “Augustæ memoriæ pater tuus non solum sermone respondit sed etiam legibus suis sanxit, in causa fidei vel ecclesiastici alicujus ordinis eum judicare debere, qui nec munere impar sit nec jure dissimilis; hæc enim verba rescripti sunt, hoc est, sacerdotes de sacerdotibus voluit judicare … . Pater tuus, Deo favente … dicebat, Non est meum judicare inter episcopos.”] Quanquam longe aliter Nicephorus, lib. vii. c. 12. [xi. 3. where Valentinian is represented as saying, Ἐμοὶ, πράγμασιν ἐνειλημμένῳ, καὶ τὰ του̑ πλήθους ἐπιτετραμμένῳ, οὐκ εὐχερὲς τὰ τοιαυ̑τα διερευνα̑σθαι.] ↩

26. h matters E.C. ↩

27. i willed E.Q.L. called C. ↩

28. k belongeth E.Q.C.L. ↩

29. l together E.C. ↩

30. m where E. ↩

31. n together om. E. ↩

32. o the om. E.Q.C. ↩

33. p and Valentinian E.C. ↩

34. q east unto the west parts E. ↩

35. r to D. ↩

36. s there the bishops E. ↩

37. t was E.C. ↩

38. u very small E.C.L.Q. ↩

39. x grow thereby E.C. ↩

40. y means E.C.L. ↩

41. z he E.Q.C.L. ↩

42. a unto them E.Q.C.L. ↩

43. b even om. E. ↩

44. c else om. E.C.L. ↩

45. d now therefore E.Q.C.L. ↩

46. e This passage, from “The clergy” to “shall not need,” in E.C.L.Q. occurs before, viz. after “the other. Wherefore” in p. 392. ↩

47. f that afterward E. [Fulm. del.] ↩

48. g seemeth D. ↩

49. h thereof E.C. ↩

50. i breaketh E.Q.C.L. ↩