lations into the regions of the Italian atmofphere, to kindle into flames and caufe an explosion. But queen Elizabeth could not have pleaded a hundred years prescription against the court of Rome. "Pope Paul IV. was fur“prized at her boldness, in affuming the crown, "l a fief of the Holy See, without his confent."* Remark in the word (fief) a temporal claim, but no divine title.

If from Great Britain we pass into Germany, we can trace the rife and progrefs of the deposing power, in the grants of crowned heads, in pacts and ftipulations, and in mutual favours and offices of friendship.

In the eighth century, when the citizens of Rome were haraffed by the Lombards, and flighted by the Greeks, their lawful masters, Charlemagne marches to their affiftance, defeats the Lombards, is crowned by pope Leo III. and faluted emperor by the fenate and people of Rome. Nicephorus, who afterwards ufurped the throne of Conftantinople, fends Ambassadors to the new emperor, and confents to the dismembering of an empire finking under its own weight, and expofed to the first foldier of fortune who had addrefs to form a faction, and courage to plunge the dagger into the

Burnet.

breaft

breast of the tyrant who filled the throne. What Leo III. has done, proves no right (if it. proves any) but that of the law of nature, which authorizes a man, befet by his enemies, to call for affiftance to the first who is willing to lend it, and in the effusions of gratitude to thank his deliverer. Bellarmin then has loft his labour in writing a book, to prove that the pope has transferred the empire from the Greeks to the Germans, the better to give some colour to the "baseless fabric" of the depofing power; for Leo III. did not deprive the Eastern princes of a foot of ground.

The empress Irene, afterwards dethroned by Nicephorus, retained her dominions after the coronation of Charles, who acquired nothing by the title of emperor, but a founding compli ment. All fubfequent acceffions were either by right of conqueft, the tacit or exprefs confent of the Greeks, or the choice of the fenate and Roman people, who preferred a powerful and ufeful ftranger, to a weak and useless mafter.

The compliment, however, laid the foundation of a power ftrengthened by the emperor's will, fent to Rome for the pope's approbation, and raised to the highest altitude, by Charles the Bald's purchafing the Imperial Crown, for a fum of money, from pope John the VIII.

Hence

Hence foederal tranfactions, promifes confirmed by oath, pacts and ftipulations between popes and emperors, who used to fwear on St. Peter's tomb, and fubfcribe the conditions impofed on them. In the great ftruggles between the two powers, the popes grounded their claims on custom and oaths, as may be seen in feveral paffages of the canon law. "Adftringere vinculo juramenti," fays pope Clement

V. c

prout tam nos obfervationis antiquæ tem"poribus noviffimis renovatæ, quam forma ju"ramenti hujufmodi facris inferta canonibus "manifeftant." Jus divinum, divine right, or a plenitude of apoftolic power, was out of the queftion,

In effect, fir, before the tenth century, there have been as bad kings, and good popes as ever fince. The caufe of religion was equally interefting, and religion itfelf more violently perfecuted. The Roman pontiffs had the fame spiritual authority, the promotion of piety and faith equally at heart, and in the great number fome were influenced by different paffions and views. For in this mortal life, we all retain fome impreffions of the frailty of our origin.

Yet neither pity, nor ambition, the propagation of faith, nor the reformation of morals,

Clementin. Roman. Princip. de jurej.

ever induced them to attempt the depofing of kings, or arrogating to themselves a power difclaimed by the Saviour of the world, convicted of falsehood by his apoftles, and unheard of in the church for the space of ten ages. Why have fome of the fucceeding pontiffs deviated from the primitive path? I fay fome, because it would be unjust to charge them all alike. They are diftinct individuals fucceeding one another in the fame throne, and one is as much to be blamed for the faults of his predeceffor, as George III. is accountable for the licentiouf, nefs of Charles II.

Why have some of them deviated from the primitive path? It is that they had prescription and privilege to plead, oaths and treaties to fupport their claims. In the conduct of kings, choofing them for arbiters of their quarrels, covers to their ufurpations, and liege Lords of their territories, they found a fpecious pretext to punish the infraction of treaties, and the breach of prerogative. A repetition of the same acts introduced cuftom, cuftom obtained the power of law, the law bound the parties concerned, and the violation of the law has been attended with penalties. Hence the depofition of an emperor was more owing to the code and pandects of Juftinian, than to the gospel of Chrift. The popes who ftretched their prero

gative

gative beyond the bounds of moderation, were blamed by the Catholics themselves, whose religion was in no wife concerned in the quarrels of their fuperiors, and the few enthusiastic flatterers, who have attempted to lodge Paul's fword and Peter's keys in the fame hand, and to make an univerfal monarch of the vicar of a crucified God, who acknowledged the power of a Heathen magiftrate, have injured religion, and betrayed either their madness or ignorance. They have confounded fact with right, the unalterable dogmas of faith with the flux and changeable customs of men, and built a Chalcedon, though they had a Byzantium before their eyes.

..

They should have confidered, that the church pleads antiquity, and that her criterion of truth, and teft of found doctrine, is that golden rule of Vincentius Lerinenfis: " Quod femper, quod! "ubique, quod ab omnibus.” “What has been "held ever, and every where, and by all, "ever." The depofing power was never heard of, for the space of one thousand and eightyseven years, from St. Peter to Gregory VII: a great chaẩm this! and the chain of tradition must be very short, when you take off a thoufand and eighty-seven links.

The apoftles and their fucceffors preached the Chriftian doctrine in all its rigour. They taught