testimony and acclamation,)" but when this occasioned many seditions and tumults, the fathers decreed that a bishop should be chosen by the authority of the bishops of the province." And he adds, that in the election of Damasus, one hundred and thirty-seven men were slain, and that six hundred examples more of that nature were producible.

Truth is, the nomination of bishops in Scripture was in the apostles alone; and though the kindred of our blessed Saviour were admitted to the choice of Simeon Cleophæ, the successor of St. James, to the bishoprick of Jerusalem, as Eusebius witnesses"; it was propter singularem honorem,' an honorary and extraordinary privilege,' indulged to them for their vicinity and relation to our blessed Lord, the Fountain of all benison to us; and for that very reason Simeon himself was chosen bishop too. Yet this was præter regulam apostolicam.' The rule of the apostles and their precedents were for the sole right of the bishops, to choose their colleagues in that sacred order. And then in descent, even before the Nicene council, the people were forbidden to meddle in election, for they had no authority by Scripture to choose; by the necessity of times, and for the reasons before asserted, they were admitted to such a share of the choice as is now folded up in a piece of paper, even to a testimonial; and yet I deny not but they did often take more, as in the case of Nilammon, 'quem cives elegerunt,' saith the story out of Sozomen *; they chose him alone, (though God took away his life, before himself would accept of their choice ;) and then they behaved themselves oftentimes with so much insolence, partiality, faction, sedition, cruelty, and pagan baseness, that they were quite interdicted it, above one thousand two hundred years ago. So that they had their little in possession but a little while, and never had any due; and therefore, now their request for it is no petition of right, but a popular ambition, and a snatching at a sword to hew the church in pieces.

But I think I need not have troubled myself half so far; for they that strive to introduce a popular election, would as fain have episcopacy out as popularity of election let in. So

"Lib. iii. Hist. c. 11.

y Vide Dist. 63. per tot. Gratian.

Tripart. Hist. lib. x. c. 14.

that all this of popular election of bishops may seem superfluous. For I consider, that if the people's power of choosing bishops be founded upon God's law, as some men pretend from St. Cyprian, (not proving the thing from God's law, but God's law from St. Cyprian,) then bishops themselves must be by God's law; for surely God never gave them power to choose any man into that office, which himself hath no way instituted. And, therefore, I suppose these men will desist from their pretence of Divine right of popular election, if the church will recede from her Divine right of episcopacy. But for all their plundering and confounding, their bold pretences have made this discourse necessary.

SECTION XLI.

Bishops only did vote in Councils, and neither Presbyters nor People.

If we add to all these foregoing particulars the power of making laws to be in bishops, nothing else can be required to the making up of a spiritual principality. Now, as I have shown that the bishop of every diocese did give laws to his own church for particulars, so it is evident that the laws of provinces, and of the catholic church, were made by conventions of bishops, without the intervening or concurrence of presbyters, or any else, for sentence and decision.

The instances of this are just so many as there are of councils. St. Athanasius, reprehending Constantius the Arian, for interposing in the conciliary determinations of faith, "Si judicium episcoporum est," saith he, "quid cum eo commune habet imperator?" "It is a judgment to be passed by bishops," (meaning the determination of the article,) "and not proper for the emperora." And when Hosius of Corduba reproved him for sitting president in a council, "Quis enim videns eum in decernendo principem se facere episcoporum, non meritò dicat illum eam ipsam abominationem desolationis?" "He that sits president, makes himself chief of the bishops," &c. intimating bishops only to preside

a Epist. ad Solitar.

in councils, and to make decision. And, therefore, 'conventus episcoporum' and 'concilium episcoporum' are the words for general and provincial councils. "Bis in anno episcoporum concilia celebrentur," said the thirty-eighth canon of the apostles; and congregatio episcopalis,' the council of Sardis is called by Theodoret. And when the question was started, in the time of pope Victor, about the celebration of Easter, "Ob quam causam," saith Eusebius, "conventus episcoporum, et concilia per singulas quasque provincias convocantur." Where, by the way, it is observ able, that at first, even provincial synods were only held by bishops, and presbyters had no interest in the decision; however, we have of late sat so near bishops in provincial assemblies, that we have sat upon the bishops' skirts. But my lords the bishops have a concerning interest in this. To them I leave it; and because the four general councils are the precedents and chief of all the rest, I shall only instance in them for this particular.

1. The title of the Nicene council runs thus: Kavóves τῶν τριακοσίων δεκαοκτὼ ἁγίων πατέρων τῶν ἐν Νικαίᾳ συνελθόντων "The canons of the three hundred and eighteen fathers met in Nice." These fathers were all that gave suffrage to the canons; for if they had been more, the title could not have appropriated the sanction to three hundred and eighteen. And that there were no more St. Ambrose gives testimony, in that he makes it to be a mystical number; "Nam et Abraham trecentos decem et octo duxit ad bellum: de conciliis id potissimùm sequor, quod trecenti decem et octo sacerdotes velut tropæum extulerunt, ut mihi videatur hoc esse Divinum, quod eodem numero, in conciliis, fidei habemus oraculum, quo, in historiâ, pietatis exemplum." Well! three hundred and eighteen was the number of the judges, the Nicene fathers; and they were all bishops, for so is the title of the subscriptions, "Subscripserunt trecenti decem et octo episcopi, qui in eodem concilio convenerunt;' thirteen whereof were chorepiscopi, but not one presbyter; save only that Vitus and Vincentius subscribed as legates of the bishop of Rome, but not by their own authority. 2. The great council of Constantinople was celebrated by

b Lib. ii. c. 7.

c Lib. v. c. 23.

d Proem. in lib de Fide.

one hundred and fifty bishops: Κανόνες τῶν ἑκατὸν πεντήκοντα ἁγίων πατέρων, τῶν ἐν Κωνσταντινουπόλει συνελθόντων that is the title of the canons. "The canons of one hundred and fifty holy fathers who met in Constantinople:" and that these were all bishops appears by the title of St. Gregory Nazianzen's oration in the beginning of the council. Τοῦ ἁγίου Γρηγορίου τοῦ Ναζιανζήνου συντακτήριος εἰς τὴν τῶν ἑκατὸν πεντήκοντα ἐπισκόπων παρουσίαν “The oration of St. Gregory Nazianzen, in the presence of one hundred and fifty bishops." And of this council it was that Socrates speaking, "Imperator," saith he, "nullâ morâ interpositâ, concilium episcoporum convocate." Here, indeed, some few bishops appeared by proxy, as Montanus, bishop of Claudiopolis, by Paulus, a presbyter,—and Atarbius, bishop of Pontus, by Cylus, a reader,— and about some four or five more. This only, amongst the subscriptions I find Tyrannus, Auxanon, Helladius, and Elpidius, calling themselves presbyters. But their modesty hinders not the truth of the former testimonies; they were bishops, saith the title of the council, and the oration, and the canons, and Socrates; and lest there be scruple concerning Auxanon,' presbyter Apamea,' because, before Johannes, Apameensis subscribed, which seems to intimate that one of them was the bishop, and the other but a presbyter indeed, without a subterfuge of modesty, the titles distinguish them. For John was bishop in the province of Calo-Syria,and Auxanon, of Apamea in Pisidia.

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3. The third was the council of Ephesus, " episcoporum plurium quàm ducentorum," as it is often said in the acts of the council;" of above two hundred bishops," but no presbyters; for," Cùm episcopi supra ducentos extiterint qui Nestorium deposuerunt, horum subscriptionibus contenti fuimus:" "We were content with the subscription of the two hundred and odd bishops," saith the councilf: and Theodosius junior, in his epistle to the synod," Illicitum est," saith he, "eum, qui non sit in ordine sanctissimorum episcoporum, ecclesiasticis immisceri tractatibus:" "It is unlawful for any but them who are in the order of the most holy bishops, to be interested in ecclesiastical assemblies."

e Lib. v. c. 8.

f Epist. Synod. ad Clerum. C. Ptauum. part. 2. act. 3. part. 1. c. 32. Vide sect. 56. de Simil. fere Quæstione, in fine.

4. The last of the four great conventions of Christendom was, "sexcentorum triginta episcoporum," " of six hundred and thirty bishops, at Chalcedon, in Bithynia." But in all these assemblies, no mere presbyters gave suffrage, except by legation from his bishop and delegation of authority. And, therefore, when in this council some laics and some monks, and some clergymen, not bishops, would interest themselves, Pulcheria, the empress, sent letters to Consularius, to repel them by force, "Si præter nostram evocationem, aut permissionem suorum episcoporum, ibidem commorantur:" "Who come without command of the empress, or the bishop's permission." Where it is observable that the bishops might bring clerks with them to assist, to dispute, and to be present in all the action; and thus they often did suffer abbots or archimandrites to be there, and to subscribe too; but that was 'præter regulam,' and by indulgence only and condescension; for when Martinus, the abbot, was requested to subscribe, he answered, "Non suum esse, sed episcoporum tantùm subscribere:" "It belonged only to bishops to subscribe to councils &." For this reason, the fathers themselves often called out in the council," Mitte foras superfluos; concilium episcoporum est."

But I need not more particular arguments; for till the council of Basil the church never admitted presbyters, as in their own right, to voice in councils; and that council, we know, savoured too much of the schismatic; but before this council, no example, no precedent of subscriptions of the presbyters, either to oecumenical or provincial synods. Indeed, to a diocesan synod, viz. that of Auxerre, in Burgundy, I find thirty-two presbyters subscribing. This synod was neither œcumenical nor provincial, but merely the convocation of a diocese: for here was but one bishop, and some few abbots, and thirty-two presbyters. It was, indeed, no more than a visitation, or the calling of a chapter; for of this we receive intimation in the seventh canon of that assembly: "Ut, in medio Maio, omnes presbyteri ad synodum venirent;" that was their summons; 66 et, in Novembri, omnes abbates ad concilium :" so that here is intimation of a yearly synod besides the first convention, the greatest of them but diocesan,

s Action. 1. Concil. Chalced.

h Concil. Antisiodor. can. 7.