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Institutes 4.4.13 — OF THE STATE OF THE PRIMITIVE CHURCH, AND THE MODE OF GOVERNMENT IN USE BEFORE T

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**OF THE STATE OF THE PRIMITIVE CHURCH, AND THE MODE OF GOVERNMENT IN USE BEFORE THE PAPACY.**

This mode of election was still in force in the time of Gregory, and probably continued to a much later period. Many of his letters which are extant clearly prove this, for whenever a new bishop is to be elected, his custom is to write to the clergy, magistrates, and people; sometimes also to the governor, according to the nature of the government. But if, on account of the unsettled state of the Church, he gives the oversight of the election to a neighbouring bishop, he always requires a formal decision confirmed by the subscriptions of all. Nay, when one Constantius was elected Bishop of Milan, and in consequence of the incursions of the Barbarians many of the Milanese had fled to Genoa, he thought that the election would not be lawful unless they too were called together and gave their assent (Gregor. Lib. 2 Ep. 69). Nay, five hundred years have not elapsed since Pope Nicholas fixed the election of the Roman Pontiff in this way, first, that the cardinals should precede; next, that they should join to themselves the other clergy; and, lastly, that the election should be ratified by the consent of the people. And in the end he recites the decree of Leo, which I lately quoted, and orders it to be enforced in future. But should the malice of the wicked so prevail that the clergy are obliged to quit the city, in order to make a pure election, he, however, orders that some of the people shall, at the same time, be present. The suffrage of the Emperor, as far as we can understand, was required only in two churches, those of Rome and Constantinople, these being the two seats of empire. For when Ambrose was sent by Valentinianus to Milan with authority to superintend the election of a new bishop, it was an extraordinary proceeding, in consequence of the violent factions which raged among the citizens. But at Rome the authority of the Emperor in the election of the bishop was so great, that Gregory says he was appointed to the government of the Church by his order (Gregor. Lib. 1 Ep. 5), though he had been called by the people in regular form. The custom, however, was, that when the magistrates, clergy, and people, nominated any one, he was forthwith presented to the Emperor, who either by approving ratified, or by disapproving annulled the election. There is nothing contrary to this practice in the decretals which are collected by Gratian. where all that is said is, that it was on no account to be tolerated, that canonical election should be abolished, and a king should at pleasure appoint a bishop, and that one thus promoted by violent authority was not to be consecrated by the metropolitans. For it is one thing to deprive the Church of her right, and transfer it entirely to the caprice of a single individual; it is another thing to assign to a king or emperor the honour of confirming a legitimate election by his authority.

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