ligions, and disturbed no one. He never commanded that this or that creed should be preferred. He never sought with threats to induce any of his subjects to prefer his own, but left everything untouched as he found it."*

We also know that about the earliest time when this synod is supposed to have been held (it ranges, according to the schemes of different writers, between A.D. 369-372), he married an Arian; and, moreover, we know that Auxentius continued to be bishop of Milan to the day of his death, A.D. 374. In other words, this council is a fable.

I submit that facts like these are conclusive against any Roman synod having been convened by the emperor's rescript, to try Auxentius for heresy; and, without that rescript, no synod could have been held; I submit, also, that the synodal letter is manifestly spurious, and that the Athanasian documents relating to it were invented only to induce a belief that a Milanese primate and Pannonian bishops had been tried and deposed by a Roman prelate.

In connexion with this subject, must be noticed an extraordinary document†, purporting to be a letter from Valentinian to the bishops of the Asian diocese; because it alludes to these synods in Rome and Gaul.

It recites that a very large synod had been held in Illyria; and that, after a great discussion, the fathers had professed the homoousian faith; and,

*Amm. Marc. xxx. c. 9.

† Theod. Hist. Eccl. iv. 8.

what is exceedingly singular, had declined to be relieved from the discharge of the secular offices on the authority of the text, "Render unto Cæsar the things which are Cæsar's, and unto God the things that are God's." The emperor then addresses the Asiatic prelates, "What say you, O bishops and teachers of the word of salvation. If this be your profession, then, from love to each other, cease to abuse the authority of the emperor, and do not persecute the faithful servants of God, through whose prayers wars cease on earth, and the apostate angels are kept away. They labour in prayer to ward off the destructive demons; they pay the legal taxes; they oppose not the power of the emperor, but without guile obey God and our laws. You, however, have shown yourselves disobedient: we use the alpha to the w. You have sold yourselves. We, wishing to be innocent of your blood, like Pilate who, after his examination of Christ, and not wishing, when asked, to kill him, turned towards the east, and, washing his hands, said, 'I am innocent of the blood of this just man.' We, I say, have always forbidden you to persecute, to oppress, to envy the workers of the vineyard of Christ; or to expel the servants of the great King," &c. Then follow some still more obscure expressions; after which, he says he had given this order in the presence of Amegatius, Ceraunius, Damasus, and Dailampon, and Bretesius. And, to our astonishment, we find that this man, who was indifferent about creeds, added the creed

that had been agreed to in Illyria, and which speaks of the synods of Rome and Gaul.

It is needless to point out the spurious character of such an insane composition, issuing, too, from the emperor Valentinian, and especially to prelates in his brother's dominions, who were acting under his brother's orders.

No. X. RESCRIPT OF GRATIAN AND VALENTINIAN II., A. D. 378.

I TAKE this opportunity of noticing a rescript, alleged to have been sent by the emperor Gratian and Valentinian II., to an Italian council.

The jesuit Sirmond found it in the royal library of France; and it is now published in an appendix to the Theodosian code. There is along with it a synodal letter from this Italian council to the emperors. These two documents are found in the above-mentioned Appendix, pages XVII-XX.

First, I will notice the synodal letter.

Who the parties addressing the emperor might be, can only be conjectured. They seem to have been an Italian Council; but there are no names. The place of meeting is the "sublime Sedis Apostolicæ Sacrarium," and there is no date.

The contents of this document are such as might be expected from such peculiarities. Not only bishops of the province of Rome, but bishops also of

the province of Milan, are supposed to be the writers, which make their language and their request still more peculiar and curious. They tell the young emperors that, "filled with the Holy Spirit, and following the commands of the apostles, they (the young emperors), in order to restore the Church which Ursinus had divided, had decreed that, on his punishment, and the separation of his followers from him, the Roman bishop should take cognizance of the remaining bishops of the Churches [the whole extent of what that means is conjectural; but, as we shall see, it relates at least to the provinces of Milan and Africa]; that the high priest of religion, with his companions, should judge on religion, and that no injury should be inflicted on the sacerdotium, which often happens if a sacerdos be subjected to the judgment of the secular powers. It is a decree, they say, worthy of religious emperors; it pays great respect to the Church, and is exempt from error. How often do the secular powers acquit those whom the bishops have condemned, and how often do they condemn those whom the bishops have acquitted.

It may be observed here that the compilers of the Theodosian Code had not met with this letter. They have omitted this important law. But they have inserted, singularly enough, another law published by Gratian, A. D. 376*, which reads very

Imppp. Valens, Gratianus et Valentinianus AAA. Artemio Euridico Appio Gerasimo et ceteris Episcopis. Qui mos est causarum civilium idem in negotiis ecclesiasticis obtinendus est: ut si qua sunt ex quibusdam dissensionibus levibusque delictis ad

differently, and to the following effect:-"Let the same custom which prevails in civil causes prevail also in ecclesiastical. If any complaint arises from dissensions or light faults relating to ecclesiastical discipline, let it be inquired into in the neighbourhood, and by the diocesan synods. Excepting, however, all matters of a criminal nature, which are reserved to the secular authorities."

It will be seen that there is no mention of the bishop of Rome, nor of any "Pontifex Religionis;" and that the matters which were permitted to the diocesan synods, were merely smaller offences against discipline and order.

But to proceed. The bishops then inform the emperors that they had some time before deposed the bishop of Parma, and also the bishop of Putcoli, but that they had resisted the sentence. An African bishop, too, one Restitutus (whose name appears among the Hilarian Fragments), whom the emperors had ordered to appear and stand a trial, had disregarded the order. Claudian, a Donatist bishop in Rome, whom the emperors had ordered to be expelled, still remained there; all these had set at nought the Roman bishops' sentence; and, as it appears, the imperial one also: nay, the faction of Ursinus had suborned a Jew, one Isaac, to bring a charge of a capital crime

religionis observantiam pertinentia locis suis et a suæ diœceseos synodis audiantur; excepots quæ actio criminalis ab ordinariis extraordinariisque judicibus aut illustribus potestatibus audienda constituit. Dat. xvi. Kal. Jun. Treviris Valente V. et Valentiniano AA. coss.