lawfully summoned, to appear before the Bishops, should be obliged, by the Prefect of _Italy_, or his Vicar, to repair to _Rome_, to be judged there. 3. That, if the accused Bishop resided in a distant Province, he should be obliged, by the Judges of the Place, to appear before his Metropolitan; and, if his Metropolitan was suspected as partial, or prejudiced against him, he might be allowed to appeal to the Bishop of _Rome_, or to a Council of Fifteen neighbouring Bishops; but, if the Accused was himself a Metropolitan, he should either repair to _Rome_, or appear before such Judges as the Bishop of _Rome_ should appoint; and, when thus condemned, submit to the Sentence[1123]. [Sidenote: _What they demand in particular for the Bishop of_ Rome.] In Behalf of the Bishop of _Rome_ in particular they begged, in the same Letter, that, as he _was above other Bishops by the Prerogative of the Apostolic See, though upon a Level with them as to the Ministry_, he might not be obliged to appear before the Civil Magistrate, since other Bishops had been exempted from their Jurisdiction, but before a Council, or that the Emperor would reserve to himself the Cognisance of what concerned him, leaving to the ordinary Judges the Power of examining Facts and Witnesses, but not the Authority of pronouncing Sentence[1124]. [Sidenote: _The Emperor’s Answer._] What Answer the Emperor returned to the Council, we know not; but, in a Rescript, addressed to the Vicar _Aquilinus_, after summing up the Heads of the Letter from the Council, and severely reprimanding his Officers for their Neglect, in not causing the Imperial Law to be put in Execution, he confirms the Rescript address’d to _Simplicius_, which I have mentioned above; commands the Bishop of _Parma_, _Florentius_ of _Puzzuolo_, and _Claudian_ the _Donatist_, with all those who shall be condemned by the Councils, as Disturbers of the Quiet of the Church, to be driven from their Dioceses, and banished an Hundred Miles from _Rome_: he grants all the Council had desired, with respect to the judging of Bishops; but requires the Bishop of _Rome_ to act with the Advice of Five or Seven other Bishops; and, lastly, he forbids Persons of infamous Characters, or known Slanderers, to be admitted as Informers or Witnesses against Bishops[1125]. In this Rescript he takes no notice of what the Council had asked for the Bishop of _Rome_ in particular. [Sidenote: _In what Sense the Pope above other Bishops._]