INSTANCES OF PAPAL ABSOLUTION CONSIDERED. 315 dered Pope Sylverius to be restored, in case he could prove his in- nocence. 7. Commonly restitution was not effectual without the emperor's consent; whence Theodoret, although allowed by the great synod, acknowledged his restitution especially due to the emperor, as we shall see in reflecting on his case. Now, to the particular instances produced for the pope, we answer, - 1. They pretend that Pope Stephanus restored Basilides and Martialis, Spanish bishops, who had been deposed; for which they quote St Cyprian's epistle, where he says, " Basilides going to Rome, imposed upon our colleague Stephen, who lived a great way off, and was ignorant of the truth of the matter, seeking unjustly to be re- stored to his bishopric, from which he had justly been deposed."' But we answer, The pope attempted such a restitution by way of influence and testimony, not of jurisdiction: wherefore the result of his act, in St Cyprian'sjudgment, was null and blamable, which could not be so deemed if he had acted as a judge; for a favourable sen- tence, passed by just authority, is valid, and hardly liable to censure.' The clergy of those places, notwithstanding that pretended restitu- tion, conceived those bishops incapable, and requested the judgment of St Cyprian about it; which argues the pope's judgment not to have been peremptory and prevalent then in such cases. St Cyprian denies the pope or any other person to have power of restoring in such a case, and exhorts the clergy to persist " in declining the com- munion of those bishops."3 Well does Rigaltius ask why they should write to St Cyprian if the judgment of Stephanus were deci- sive; and he adds, that indeed " the Spaniards appealed from the Roman bishop to him of Carthage."' No wonder, seeing the pope bad no greater authority, and probably St Cyprian had the fairer reputation for wisdomand goodness. Considering which things, what can they gain by this instance? which, indeed, considerably makes against them. 1 Romam pergens Stephanum collegamnostrum longe positum, et gestae rei ac tacitas veritatis ignarum fefellit, ut exambiret reponi se injuste in episcopatum, de quo fuerat juste depositus.Cypr., Ep. lxviii. 2 - quare etsi aliqui de collegis nostris extiterunt, qui deificam disciplinam ne- gligendam putant, &c. (Nec censures congruit sacerdotummobilis atque inconstantis animi levitate reprehendi. Id., Ep. lv). episcopatum gerere, et sacerdotium Dei administrare non oportere. Desiderâstis solicitudinemvestram vel solatio vel auxi- lio sententiae nostræ sublevari. Nec personam in ejusmodi rebus accipere, aut aliquid cuiquam largiri potest humana indulgentia; ubi intercedit et legem tribuit divina prtesrriptio. e quantum possumus adhortamur, ne vos cum profanis et maculatis sacerdo- tibus communicatione sacrilega misceatis. + Sed cur ad Cyprianum si potestas infinita penesRomanum 4 Rigalt., 111d. - datis ad Cyprianum literis appellavere Carthaginiensem adversus Romanum. Rigali.
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