into five books. The next in the order of time, is that entitled Constitutiones Clementis Papa V., in concilio Vienensi editæ. In addition to this collection, there were published after the death of Clement, another batch of rules called Clementeno, promulgated in the year 1317. After these come the Extravagantes Johannis 22nd, which were so denominated because they wandered beyond the limits of the canonical works already enumerated. This ends the historical account of the divers materials which composed the Canon law up.to the year 1400.

Of the nature of the Roman law generally, we have already spoken. In addition, however, to its own body of principles and maxims, there were published a vast number of commentaries, epitomes, abstracts, introductions, abridgements, summaries, and such like minor treatises, chiefly in connection with public lectures and instruction on the subject. Some of these comments, and explanatory works entered more fully into the nature of politics as a science, than the Justinian code itself did; and thus it happened, that general knowledge on civil affairs was rapidly extended in every direction; and a more steady and concentrated attention was imparted to the public mind on matters of great moment in the art of government and legislation, and appertaining to the rights and privileges of people generally. And even in the endeavours to amalgamate the Roman jurisprudence with christian precepts, a peculiar complexion was given to legal and canonical philosophy, and it was brought more into harmony with the practical science of civil liberty and right. There are, therefore, very few of the great legal authorities before the commencement of the

fifteenth century, whose writings do not contain more or less of matter relevent to politics as a science, and which may not be read with some advantage by all those engaged in its thorough investigation.

Among works of this kind we may mention those of Constantius Harmenopulus, who laid down the state rules or reasons for the punishment of heretics in his treatise De Sectis Hæreticorum; and the same topic is handled in a more detailed and fragmentary manner by Euthymius Zigabenus. Johannes Cantacuzenus enters systematically into the erroneous principles of the Mahometan law. The Canon law of the Greeks is scientifically expounded by Matheus Blastares; and the writings of John of Paris abound with sound remarks and discussions on some of the leading principles of justice, and state policy. The same observation applies to most of the polemical and historical writers of the twelfth, thirteenth, and fourteenth centuries.

The Dictatus Hildebrandini, or the Dictates of Hildebrand, are twenty-seven apothegms, or short sentences, relating to the authority of the Popes, not only over the church, but over the nations of the world. These sentences will be found in the second book of the Epistle of Gregory VII., between the fifty-fifth and the fifty-sixth Epistles. There has been considerable discussion on the authenticity of these sentences; but the preponderance of evidence is decidedly in favour of their genuineness.

The most able and philosophical work, however, which appeared. a short time after the period of history embraced by this chapter, on the abstract nature of the Papal power, was that of Antoninus, Archbishop of Florence. His remarks on the subject

are too long to be given at full length, but we shall endeavour to give the substance of his statements, as fully and fairly as we can. This author says, that the power of jurisdiction implies the power of declaring by way of statute, or of deciding questions. In things of natural or divine right, the authority of the Pope does not extend in deciding on them; but if there should any doubt arise concerning such things, the power of the decision belongs to his Holiness. Hence it is unlawful to hold or to think contrary to the Pope. All ecclesiastical power is subject to the Pope in three things; 1st, as to connection of abuses; 2nd, as to the institution and conferring of inferior powers; and 3rd, as to the assisting subsidy, (subsidium adminiculaticum) that is, what is requisite to aid it, if it stand in need of aid.

First. To the Pope belongs the privilege of ordaining those things which are conducive to the public good, and of removing those things which defeat this solitary end; as vices and abuses of every kind, which alienate man from God. The Pontiff, by virtue of his position, is president of all such courts of inquiry and judgment. To scatter or disperse the vicious, and build up and strengthen the righteous, is a duty inseparable from any correct ideas of his office. No ecclesiastical prelate is above kingdoms, and principalities, except the Pope of Rome.

Secondly.-All power inferior to the Pope is subject to him, as regards its institutions, and jurisdiction; and the power of conferring and removing at pleasure. Whenever in any council, statutes are enacted, the whole authority of giving them effect rests in the person of the Pontiff. This is according to the Canon

law, which declares that "it pertains to the Pope to institute and confer all ecclesiastical powers inferior to himself."

Thirdly.-All inferior powers, even secular, ought, and are bound, to aid the Pontiff in everything which contributes to the good and efficient government of the church. The republic is bound to preserve and strengthen that power on which the good of the commonwealth rests. The prosperity of a christian community relies especially upon the power of him, whose office it is to regulate the whole religious institutions of the country, and to appoint and fix the ranks and orders in them. If secular persons should propose anything inimical to this papal power, secular princes themselves ought immediately to see it their duty to pacify and appease such subjects, and to subdue and vanquish those who are rebels to the Spiritual Court of Rome.

With regard to the temporal and spiritual jurisdiction, which is in the church, it is to be observed that the power is threefold and varied. The first is immediate, namely, from God. The second is derivative, namely, from God, through the Pope; and this is the power of all inferior prelates. The third is given for ministering or subserviency; and this is the power of the Emperor and the terrestrial Princes. The temporal influence of Emperors, Kings, and Princes, is given by the Most High for ministering, through the mediation of the Pope and other prelates of the church, in whom resides the spiritual. The authority of the Pope is greater than all created power beside that of Christ, in some manner extending itself to celestial, terrestrial, and infernal things; so that what is said

in the eighth Psalm concerning Christ may be said of the Pope, "Thou hast put all things under his feet sheep and all oxen, and beasts of the field, the fowls of heaven, and the fishes of the sea."

Pagans are subject to the Pope, who presides in the world in the place of Christ. But Christ hath full power over every creature. The Pope is the Vicar of Christ, and no one can lawfully withdraw himself from his obedience, as no one can withdraw himself from submission to God. And as Christ has received from the Father the government and sceptre of the Church of Israel, so he hath granted to Peter and his successors the most plenary power. And although Pagans cannot be bound or loosed by excommunication, or absolution in confession, yet by the authority of the keys they can be bound by the church, and when judged, they may be condemned; and thus, if they would awake from their state and return to the faith, they might be absolved by the same authority. In like manner, although they cannot be said to be of the church by the merit of faith and good works, yet they can be said to belong to the church by judiciary power, and occasional utility; but the Pope cannot take away the dominion and jurisdiction from the Pagans, which they justly possess.

The gifts of nature are not to be taken from infidels, nor even from demons. The power, therefore, of government, as it is a gift of Providence bestowed on every human creature, cannot be taken away from infidels by the Pope or any christian kings. But it is not inconsistent with this, that the church persecutes Saracens because they resist ecclesiastical laws, and occupy the lands of christians. The Pope can punish