The Disarmers Dexterities Examined, Chapter 5 · Section 4
SECT. IV.
The Exemptions from Patriarchs in Balsamon. His Discourse of Patiarchs no way deregatory to Rome's Canonicall Rights. S. W. his unjust exactings. The removal of the Patiarchate of Aquileia to Grado. S. W. his Exceptions answered.
TO the other examples which I had cited out of Balsamon, of Ex…mptions held by the Emperours Charter, his answers are also remarkable. First, saith he, Balsamon seemes in this very place and treatise, to plead for the Greeks against the Bishop of Rome, and then an enemy's saying is no slander.]
I answer, The thing which I produced from Balsamon, was the exemption, or independency from Constantinople, that some Archbishops had by the Emperours Charter, and then what colour of pretence is there, that this should be a part of a plea in Balsamon for the Greeks against the Bish…p of Rome? Certainly, Constantinople is not Rome, nor the interests of Constantinople the interests of Rome. 2. That this discourse of Balsamon's, from whence this testimony was cited, layes its …oundation in the Synods of Nice, Constantinople, and that in Trullo, and from thence evidently deduces his conclusi n for the numb r and order of Patr…archs, giving Rome the first place, and so is no way injurious to the just Cano…icall rights of the Bishop of Rome; and if being so, it must yet be deemed an opposition to his other pretensions, this is little for their credit, that they are thus improved beyond what those Ca…ons allowed them. But whatsoever S. W. will think of that, 'tis most evident that the test monie which I voucht out of that discourse, had nothing to do with that controversie, 'twas onelyonly a casuall mention in him (on occasion of the foreign) of some Metropol…ta…e, that had from the favour of Emperours an foreign with some ho…o ary …ri…ileges belonging to it, as of a known matter of fact, which could no more be qu…st…oned, than the foreign and immunity of Cyprus and Bulgary, which he had named immediately before, the one from the pretensions of Antioch, the other from the Metropolitical power of Thessalonica, under which it formerly was.
Next, saith he, If we may trust Balsamon, then two things must lie upon the Dr. to prove, ere he can conclude any thing, to wit, that the Emperours did it not with order from the Church, or in case they did not, that it was done lawfully, and next, that the Emperour priviledged them from subjection to the P…pe, as head of the Church. To these I answer, 1. That all I was to prove, was, that the Emperour, and so other Princes, have power to erect and translate Primacies, &c. And such antient examples of the Emperors practises, never checkt at by them, in whose time they were, is a competent proof of that; and if it should prove, that the Canons of the Church gave either general or sp…cial order, that thus it should be, 'tis so much the better, so much the more unquestionable, that thus it belonged to them. 2. That I can in no reason be required to prove that the Emperours exempted them from the subjection to the Pope, as head of the Church, when 1. it is but a begging the question, to assume thus, without proof, that the Pope is head of the Church; and 2. it is manifest that the Emperours did not then look on him as head of the Church, for then they could not have done such Ecclesiasticall acts, imperiali authoritate, and foreign, by imperiall authority, and Princely writs. And 3. I had my full design in having shewed, that Princes may erect Primacies, without proceeding in every period to demonstrate that anew, which had been the design of the former Chapters, that Primates were free from all subjection to this pretended head.
His answer to the mention of the erection of the Patriarchate at Grado, is still suitable to his former. I had cited out of Warnfridus, that this was done under Phocas out of Eginartus and Regino, that it was done by Charles the Great. And he catches presently at the shadow of the word [under] & then saith, it seems the testimony saies not it was done by him, but under him, or while he reigned.] I answer, 1. That [under Phocas] in the first place is to be taken exactly in the same sense, as in the latter is exprest in the words [by Charles the great] the onelyonly question among the Writers being, not, whether it were done by the Emperour, or no, but onelyonly, by which of the Emperours, or in whose reign it was done. This was the onelyonly cause why I cited it in that form, because I was not sure, to which I ought to adhere of the two mentioned authorities, where yet 'tis visible that it is as much to my purpose, if Eginartus say true, as if Warnfridus; and from him it was cited, that it was done by Charles the great, and not onelyonly under him, or whilst he reigned.
2. Saith he, Since it was not of new erected, but translated thither f…om Aquileia, burnt not long before by the Longobards, it was no signe of a presumed jurisdiction, but rather of a pious generosity (in the Emperour) to bestow a new seat on the destitute Patriarch.] And I that grant it was not a new erection, but translation from Aquileia, have yet as much by this instance, as I designed, viz. that the Emperour, and so other Princes; in like manner, may translate, as well as erect Patriarchates; and sure if this might not lawfully be done by the Emperour, it could never be an act of pious generosity in him to do it; charity and piety (or pity) to the distrest, and generosity, must always be founded in justice, and then as pious generosity may fitly move one Prince to it, so any other lawfull, much more necessary care of the good of his subjects, may as reasonably move another; and then this was all I contended for by this instance.
What he saith he omits, and yet mentions, the reading the Epistle of Pope Pelagius II. in the Council of Grado, granting to Elias the place of the Patriarch of Aquileia.] I may be allowed to omit also, it having certainly nothing of force in it, the Patriarchate having been there placed, before that Council was called, and then the Pope's grant sign…fies no more, but that he had nothing to object against the lawfulnesse and fitnesse of the tr…nsla…ion, as it had past, or if it were also a confirmation of it (such acts the Popes have been willing to multiply above what was necessary, to gain considerati n and honour to themselves) this may be willingly granted also, upon h…s title of W…stern Patriarch, which I never doubted to yield him, without diminution or prejudice to any of my pretensions And so at length we are gotten to an end of this his fourth Section.