5. I come now to jurisdiction, which the Roman Pontiff asserts as an incontrovertible proposition that he possesses over all churches. I am aware of the great disputes which an- ciently existed on this subject: for there never was a time when the Roman See did not aim at authority over other churches. And here it will not be out of place to investigate the means by which she gradually attained to some influence. I am not now referring to that unlimited power which she seized at a comparatively recent period. The consideration of that we shall defer to its own place. But it is worth while here briefly to show in what way, and by what means, she formerly raised herself, so as to arrogate some authority over other churches. When the churches of the East were troubled and rent by the factions of the Arians, under the Emperors Constantius and Constans, sons of Constantine the Great; and Athanasius, the principal defender of the orthodox faith, had been driven from his see, the calamity obliged him to come to Rome, in order that by the authority of this see he might both repress the rage of his enemies, and confirm the orthodox under their distress. He was honourably received by Julius, who was then bishop, and engaged those of the West to undertake the defence of his cause. Therefore, when the orthodox stood greatly in need of external aid, and perceived that their chief protection lay in the Roman See, they willingly bestowed upon it all the authority they could. But the utmost extent of this was, that its communion was held in high estimation, and it was deemed ignominious to be excommunicated by it. Dis- honest bad men afterwards added much to its authority, for when they wished to escape lawful tribunals, they betook themselves to Rome as an asylum. Accordingly, if any presbyter was condemned by his bishop, or if any bishop was condemned by the synod of his province, he appealed to Rome. These appeals the Roman bishops received more eagerly than they ought, because it seemed a species of extraordinary power to interpose in matters with which their connection was so very remote. Thus, when Eutyches was condemned by Flavianus, Bishop of Constantinople, he complained to Leo that the sentence was unjust. He, nothing loth, no less presumptuously than abruptly, undertook the patronage of a bad cause, and inveighed bitterly against Flavianus, as having condemned an innocent man without due investigation: and thus the effect of Leo’s ambition was, that for some time the impiety of Eutyches was confirmed. It is certain that in Africa the same thing repeatedly occurred, for whenever any miscreant had been condemned by his ordinary judge, he fled to Rome, and brought many calumnious charges against his own people. The Roman See was always ready to interpose. This dishonesty obliged the African bishops to decree that no one should carry an appeal beyond sea under pain of excommunication. 6. Be this as it may, let us consider what right or authority the Roman See then possessed. Ecclesiastical power may be reduced to four heads—viz. ordination of bishops, calling of ATTAINED…
councils, hearing of appeals (or jurisdiction), inflicting monitory chastisements or censures. All ancient councils enjoin that bishops shall be ordained by their own Metropolitans; they nowhere enjoin an application to the Roman Bishop, except in his own patriarchate. Gradually, however, it became customary for all Italian bishops to go to Rome for consecra- tion, with the exception of the Metropolitans, who did not allow themselves to be thus brought into subjection; but when any Metropolitan was to be ordained, the Roman Bishop sent one of his presbyters merely to be present, but not to preside. An example of this kind is extant in Gregory (Lib. 2 Ep. 68, 70), in the consecration of Constantius of Milan, after the death of Laurence. I do not, however, think that this was a very ancient custom. At first, as a mark of respect and good-will, they sent deputies to one another to witness the ordina- tion, and attest their communion. What was thus voluntary afterwards began to be regarded as necessary. However this be, it is certain that anciently the Roman Bishop had no power of ordaining except within the bounds of his own patriarchate, that is, as a canon of the Council of Nice expresses it, in suburban churches. To ordination was added the sending of a synodical epistle, but this implied no authority. The patriarchs were accustomed, imme- diately after consecration, to attest their faith by a formal writing, in which they declared that they assented to sacred and orthodox councils. Thus, by rendering an account of their faith, they mutually approved of each other. If the Roman Bishop had received this confession from others, and not given it, he would therein have been acknowledged superior; but when it behoved to give as well as to receive, and to be subject to the common law, this was a sign of equality, not of lordship. Of this we have an example in a letter of Gregory to Anastasius and Cyriac of Constantinople, and in another letter to all the patriarchs together (Gregor. Lib. 1 Ep. 24, 25; Lib. 6 Ep. 169). 7. Next come admonitions or censures. These the Roman Bishops anciently employed towards others, and in their turn received. Irenæus sharply rebuked Victor for rashly troubling the Church with a pernicious schism, for a matter of no moment. He submitted without objecting. Holy bishops were then wont to use the freedom as brethren, of admon- ishing and rebuking the Roman Prelate when he happened to err. He in his turn, when the case required, reminded others of their duty, and reprimanded them for their faults. For Cyprian, when he exhorts Stephen to admonish the bishops of France, does not found on his larger power, but on the common right which priests have in regard to each other (Cyprian. Lib. 3 Ep. 13). I ask if Stephen had then presided over France, would not Cyprian have said, “Check them, for they are yours”? but his language is very different. “The brotherly fellowship which binds us together requires that we should mutually admonish each other” (Cyprian. ad Pomp. Cont. Epist. Steph.) And we see also with what severity of expression, a man otherwise of a mild temper, inveighs against Stephen himself, when he thinks him chargeable with insolence. Therefore, it does not yet appear in this respect that the Roman Bishop possessed any jurisdiction over those who did not belong to his province. ATTAINED…
8. In regard to calling of councils, it was the duty of every Metropolitan to assemble a provincial synod at stated times. Here the Roman Bishop had no jurisdiction, while the Emperor alone could summon a general council. Had any of the bishops attempted this, not only would those out of the province not have obeyed the call, but a tumult would in- stantly have arisen. Therefore the Emperor gave intimation to all alike to attend. Socrates, indeed, relates that Julius expostulated with the Eastern bishops for not having called him to the Council of Antioch, seeing it was forbidden by the canons that anything should be decided without the knowledge of the Roman Bishop (Tripart. Hist. Lib. 4). But who does not perceive that this is to be understood of those decrees which bind the whole Church? At the same time, it is not strange if, in deference both to the antiquity and largeness of the city, and the dignity of the see, no universal decree concerning religion should be made in the absence of the Bishop of Rome, provided he did not refuse to be present. But what has this to do with the dominion of the whole Church? For we deny not that he was one of the principal bishops, though we are unwilling to admit what the Romanists now contend for—viz. that he had power over all. 9. The fourth remaining species of power is that of hearing appeals. It is evident that the supreme power belongs to him to whose tribunal appeals are made. Many had repeatedly appealed to the Roman Pontiff. He also had endeavoured to bring causes under his cognis- ance, but he had always been derided whenever he went beyond his own boundaries. I say nothing of the East and of Greece, but it is certain, that the bishops of France stoutly resisted when he seemed to assume authority over them. In Africa, the subject was long disputed, for in the Council of Milevita, at which Augustine was present, when those who carried appeals beyond seas were excommunicated, the Roman Pontiff attempted to obtain an al- teration of the decree, and sent legates to show that the privilege of hearing appeals was given him by the Council of Nice. The legates produced acts of the council drawn from the armoury of their church. The African bishops resisted, and maintained, that credit was not to be given to the Bishop of Rome in his own cause; accordingly, they said that they would send to Constantinople, and other cities of Greece, where less suspicious copies might be had. It was found that nothing like what the Romanists had pretended was contained in the acts, and thus the decree which abrogated the supreme jurisdiction of the Roman Pontiff was confirmed. In this matter was manifested the egregious effrontery of the Roman Pontiff. For when he had fraudulently substituted the Council of Sardis for that of Nice, he was disgracefully detected in a palpable falsehood; but still greater and more impudent was the iniquity of those who added a fictitious letter to the Council, in which some Bishop of Carthage condemns the arrogance of Aurelius his predecessor, in promising to withdraw himself from obedience to the Apostolic See, and making a surrender of himself and his church, suppliantly prays for pardon. These are the noble records of antiquity on which the majesty of the Roman See is founded, while, under the pretext of antiquity, they deal in ATTAINED…
falsehoods so puerile, that even a blind man might feel them. “Aurelius (says he), elated by diabolical audacity and contumacy, was rebellious against Christ and St Peter, and, accord- ingly, deserved to be anathematised.” What does Augustine say? and what the many Fathers who were present at the Council of Milevita? But what need is there to give a lengthened refutation of that absurd writing, which not even Romanists, if they have any modesty left them, can look at without a deep feeling of shame? Thus Gratian, whether through malice or ignorance, I know not, after quoting the decree, That those are to be deprived of commu- nion who carry appeals beyond seas, subjoins the exception, Unless, perhaps, they have appealed to the Roman See (Grat. 2, Quæst. 4, cap. Placuit.). What can you make of creatures like these, who are so devoid of common sense that they set down as an exception from the law the very thing on account of which, as everybody sees, the law was made? For the Council, in condemning transmarine appeals, simply prohibits an appeal to Rome. Yet this worthy expounder excepts Rome from the common law. 10. But (to end the question at once) the kind of jurisdiction which belonged to the Roman Bishop one narrative will make manifest. Donatus of Casa Nigra had accused Cecilianus the Bishop of Carthage. Cecilianus was condemned without a hearing: for, having ascertained that the bishops had entered into a conspiracy against him, he refused to appear. The case was brought before the Emperor Constantine. who, wishing the matter to be ended by an ecclesiastical decision; gave the cognisance of it to Melciades, the Roman Bishop, ap- pointing as his colleagues some bishops from Italy, France, and Spain. If it formed part of the ordinary jurisdiction of the Roman See to hear appeals in ecclesiastical causes, why did he allow others to be conjoined with him at the Emperor’s discretion? nay, why does he undertake to decide more from the command of the Emperor than his own office? But let us hear what afterwards happened (see August. Ep. 162, et alibi). Cecilianus prevails. Donatus of Casa Nigra is thrown in his calumnious action and appeals. Constantine devolves the decision of the appeal on the Bishop of Arles, who sits as judge, to give sentence after the Roman Pontiff.53 If the Roman See has supreme power not subject to appeal, why does Melciades allow himself to be so greatly insulted as to have the Bishop of Arles preferred to him? And who is the Emperor that does this? Constantine, who they boast not only made it his constant study, but employed all the resources of the empire to enlarge the dignity of that see. We see, therefore, how far in every way the Roman Pontiff was from that supreme dominion, which he asserts to have been given him by Christ over all churches, and which he falsely alleges that he possessed in all ages, with the consent of the whole world. 53 French, “Voila l’Archeveque d’Arles assis pour retracter; si bon lui semble la sentence de l’Eveque Romain. au moins pour juger par dessus lui.”—Here is the Archbishop of Arles seated to recall, if he thinks fit, the sentence of the Bishop of Rome, or at least to judge as his superior. ATTAINED…
11. I know how many epistles there are, how many rescripts and edicts in which there is nothing which the pontiffs do not ascribe and confidently arrogate to themselves. But all men of the least intellect and learning know, that the greater part of them are in themselves so absurd, that it is easy at the first sight to detect the forge from which they have come. Does any man of sense and soberness think that Anacletus is the author of that famous in- terpretation which is given in Gratian, under the name of Anacletus—viz. that Cephas is head? (Dist. 22, cap. Sacrosancta.) Numerous follies of the same kind which Gratian has heaped together without judgment, the Romanists of the present day employ against us in defence of their see. The smoke, by which, in the former days of ignorance, they imposed upon the ignorant, they would still vend in the present light. I am unwilling to take much trouble in refuting things which, by their extreme absurdity, plainly refute themselves. I admit the existence of genuine epistles by ancient Pontiffs, in which they pronounce magni- ficent eulogiums on the extent of their see. Such are some of the epistles of Leo. For as he possessed learning and eloquence, so he was excessively desirous of glory and dominion; but the true question is, whether or not, when he thus extolled himself, the churches gave credit to his testimony? It appears that many were offended with his ambition, and also resisted his cupidity. He in one place appoints the Bishop of Thessalonica his vicar throughout Greece and other neighbouring regions (Leo, Ep. 85), and elsewhere gives the same office to the Bishop of Arles or some other throughout France (Ep. 83). In like manner, he appointed Hormisdas, Bishop of Hispala, his vicar throughout Spain, but he uniformly makes this reservation, that in giving such commissions, the ancient privileges of the Met- ropolitans were to remain safe and entire. These appointments, therefore, were made on the condition, that no bishop should be impeded in his ordinary jurisdiction, no Metropol- itan in taking cognisance of appeals, no provincial council in constituting churches. But what else was this than to decline all jurisdiction, and to interpose for the purpose of settling discord only, in so far as the law and nature of ecclesiastical communion admit? 12. In the time of Gregory, that ancient rule was greatly changed. For when the empire was convulsed and torn, when France and Spain were suffering from the many disasters which they ever and anon received, when Illyricum was laid waste, Italy harassed, and Africa almost destroyed by uninterrupted calamities, in order that, during these civil convulsions, the integrity of the faith might remain, or at least not entirely perish, the bishops in all quarters attached themselves more to the Roman Pontiff. In this way, not only the dignity, but also the power of the see, exceedingly increased, although I attach no great importance to the means by which this was accomplished. It is certain, that it was then greater than in former ages. And yet it was very different from the unbridled dominion of one ruling others as he pleased. Still the reverence paid to the Roman See was such, that by its authority it could guide and repress those whom their own colleagues were unable to keep to their duty; for Gregory is careful ever and anon to testify that he was not less faithful in preserving the ATTAINED…
rights of others, than in insisting that his own should be preserved. “I do not,” says he, “under the stimulus of ambition, derogate from any man’s right, but desire to honour my brethren in all things” (Gregor. Lib. 2 Ep. 68). There is no sentence in his writings in which he boasts more proudly of the extent of his primacy than the following: “I know not what bishop is not subject to the Roman See, when he is discovered in a fault” (Leo. Lib. 2, Epist. 68). However, he immediately adds, “Where faults do not call for interference, all are equal according to the rule of humility.” He claims for himself the right of correcting those who have sinned; if all do their duty, he puts himself on a footing of equality. He, indeed, claimed this right, and those who chose assented to it, while those who were not pleased with it were at liberty to object with impunity; and it is known that the greater part did so. We may add, that he is then speaking of the primate of Byzantium, who, when condemned by a provincial synod, repudiated the whole judgment. His colleagues had informed the Emperor of his contumacy, and the Emperor had given the cognisance of the matter to Gregory. We see, therefore, that he does not interfere in any way with the ordinary jurisdiction, and that, in acting as a subsidiary to others, he acts entirely by the Emperor’s command. 13. At this time, therefore, the whole power of the Roman Bishop consisted in opposing stubborn and ungovernable spirits, where some extraordinary remedy was required, and this in order to assist other bishops, not to interfere with them. Therefore, he assumes no more power over others than he elsewhere gives others over himself, when he confesses that he is ready to be corrected by all, amended by all (Lib. 2 Ep. 37). So, in another place, though he orders the Bishop of Aquileia to come to Rome to plead his cause in a controversy as to doctrine which had arisen between himself and others, he thus orders not of his own author- ity, but in obedience to the Emperor’s command. Nor does he declare that he himself will be sole judge, but promises to call a synod, by which the whole business may be determined. But although the moderation was still such, that the power of the Roman See had certain limits which it was not permitted to overstep, and the Roman Bishop himself was not more above than under others, it appears how much Gregory was dissatisfied with this state of matters. For he ever and anon complains, that he, under the colour of the episcopate, was brought back to the world, and was more involved in earthly cares than when living as a laic; that he, in that honourable office, was oppressed by the tumult of secular affairs. Else- where he says, “So many burdensome occupations depress me, that my mind cannot at all rise to things above. I am shaken by the many billows of causes, and after they are quieted, am afflicted by the tempests of a tumultuous life, so that I may truly say I am come into the depths of the sea, and the flood has overwhelmed me.” From this I infer what he would have said if he had fallen on the present times. If he did not fulfil, he at least did the duty of a ATTAINED…
pastor. He declined the administration of civil power, and acknowledged himself subject, like others, to the Emperor. He did not interfere with the management of other churches, unless forced by necessity. And yet he thinks himself in a labyrinth, because he cannot devote himself entirely to the duty of a bishop.