Chapter M: Aurelius, Eleutherius, Commodus (19)

_Boniface_ was naturally a Lover of Peace, and an Enemy to all Strife and Contention. He did not claim, nor attempt to usurp, any new Power over his Collegues; but yet he would not part with any his Predecessors enjoyed, by what means soever they had acquired it; and those who attempted to curtail the usurped Jurisdiction of the Apostolic See, met with as vigorous an Opposition from him as they could have done either from _Innocent_ or _Zosimus_. In short, he had not Ambition enough to inlarge his Authority, but thought himself in Conscience obliged _to maintain the just Rights_, as he styled and believed them, _of the See in which it had pleased Divine Providence to place him, though unworthy of so great an Honour_. [Sidenote: _Dispute between him and the Bishops of_ Illyricum.] His Steadiness in asserting these Claims appeared chiefly in the Dispute that arose between him and the Bishops of _Illyricum_, over whom _Damasus_ had usurped, as I have related elsewhere[1583], and his Successors maintained a particular Power and Jurisdiction. The Transaction is thus related by the Writers of those Times. The See of _Patræ_ in _Achaia_, one of the Provinces of _Illyricum_, being vacant, the Bishop of _Corinth_, Metropolitan of that Province, did all that lay in his Power to get _Perigenes_, a Presbyter of an unexceptionable Character, chosen in the room of their deceased Bishop. But his Endeavours proving unsuccessful, he returned to _Corinth_, and died soon after. Upon his Death the People and Clergy of _Corinth_, to honour his Memory, and shew the Regard they had for one whom he had favoured, unanimously named _Perigenes_ to succeed him. But as they apprehended some Opposition from the Bishops of the same Province, they writ to _Boniface_, begging him to confirm their Election with his Authority. _Boniface_ referred them to _Rufus_, then Bishop of _Thessalonica_, and his Vicar in those Parts, declaring that, as for himself, he had nothing to object either against their Election, or the Person elected. _Rufus_ notified to the Bishops of the Province, and the Metropolitans of the Diocese, the Approbation of _Boniface_, and his own; but it was not received by all in the same manner. [Sidenote: _Law of_ Theodosius _concerning Disputes that should arise in_ Illyricum.] The greater Part indeed agreed to the Ordination of the new Bishop; but some opposed it with great Warmth, prompted, most probably, by the Jealousy they entertained of the growing Power of the See of _Rome_: for, at their Request, a Law was published by the Emperor _Theodosius_, dated the 14th of _July_ 421. commanding all Disputes, that should arise in the Diocese of _Illyricum_, to be finally determined by the Bishops of that Diocese, after they had consulted the Bishop of _Constantinople_[1584]. This was taking those Provinces from the Bishop of _Rome_, and, in some Degree, subjecting them to the Bishop of _Constantinople_, or at least opening a Door for such a Subjection. The Power of the Bishops of _Constantinople_ was already grown very considerable, and their Ambition keeping Pace with that of the Bishops of _Rome_, neither let any Opportunity slip of extending the Jurisdiction of their own See at the Expence of the other. In the present Case the Bishop of _Constantinople_, availing himself of the Favour of the Emperor, and the Disagreement that reigned among the _Illyrican_ Bishops, summoned, without Loss of Time, a Council to meet at _Corinth_, and there to examine the Ordination of _Perigenes_, though he had been ordained, and his Ordination approved of both by _Rufus_ and _Boniface_. [Sidenote: _Three Letters of_ Boniface.] This Step, quite unexpected, alarmed _Boniface_; he divested himself at once of his pacific Disposition, and, assuming the Air and Style of Authority, he writ Three Letters, all dated the same Day, _viz._ 11th of _March_ 422. encouraging the Friends of the Apostolic See to maintain its Rights, and threatening those who dared to invade them. [Sidenote: _He maintains, with Authority, his pretended Rights._] The first was to _Rufus_ of _Thessalonica_, whom he animates not to suffer any Innovations, but vigorously to withstand those, who assumed an Authority that did not become them, and to which they had no kind of Title or Claim, meaning, no doubt, the Bishop of _Constantinople_. The Second Letter he writ to the Bishops of _Thessaly_, exhorting them to acknowlege the Authority of _Rufus_, and no other. The Third was addressed to the Bishops of _Macedon_, _Achaia_, _Thessaly_, _Epirus_, and _Dacia_, who had been summoned by the Bishop of _Constantinople_ to assemble at _Corinth_, and there deliver their Opinion concerning the Ordination of _Perigenes_. In this Letter he complains, in the strongest Terms, of so bold and daring an Attempt, asking, in the Style of a Sovereign, _What Bishop shall presume to question an Ordination approved by us? What Bishop could take upon him to assemble a Council with that View and Intent? Read_, he adds, _read the Canons, and there you will find, that the See of_ Rome _is the First, the See of_ Alexandria _the Second, and that of_ Antioch _the Third. These are the Three great Sees; these the Sees which the Fathers have distinguished above the rest, with ample Privileges, and extensive Jurisdiction._ Since he refers them to the Canons to shew, that these Three Sees are superior to the See of _Constantinople_, both in Dignity and Jurisdiction, it were to be wished he had, at the same time, acquainted them by what Canons his Predecessors had exercised over the Provinces of _Illyricum_ the Jurisdiction which he now so zealously asserts. But that is more than it was in his Power to do. However, in the present Letter, he threatens with Excommunication such of the _Illyrican_ Bishops as shall, in Defiance of his Orders, comply with the Summons which they have received, or presume to question the Ordination of _Perigenes_. What was the Issue of this Dispute is not recorded by any of the Antients; but a modern Historian[1585] informs us, that the Emperor _Honorius_ interposing, at the Request of _Boniface_, in Behalf of the See of _Rome_, prevailed upon _Theodosius_ to revoke his former Law, and enact another in its room, confirming to the Apostolic See all its antient Privileges, and injoining the _Præfectus Prætorio_ to see the latter Law put in Execution. The Historian quotes this Law from the Archives of the _Roman_ Church. But as it is not to be found either in the _Theodosian_ or the _Justinian_ Code, its Authenticity may be justly suspected.

[Sidenote: _He revokes the Privileges granted by_ Zosimus _to the Church of_ Arles.]

The same Year 422. _Boniface_ gave a signal Instance of his Equity and Love of Justice, which redounds greatly to his Honour, and therefore ought not to be omitted. He was sensible, that his Predecessor _Zosimus_, abusing his Authority, had acted in the Affair of the _Gallican_ Bishops, in a most partial and arbitrary manner; that the See of _Arles_ had no just Title to the many Privileges, which he had been induced, by his Partiality for _Patroclus_, to heap on it, at the Expence of Two other Sees; and, consequently, that it was incumbent upon himself, now that he had the Power in his Hands, to rectify by a better Use of it, what his Predecessor had done amiss. The Love of Justice therefore prevailing in him over all other Considerations, he annulled, by a Letter addressed to _Hilarius_ of _Narbonne_, whatever had been done by _Zosimus_ in favour of the See of _Arles_, restored and confirmed to the Sees of _Narbonne_ and _Vienne_ all the Rights and Privileges, which they had been so unjustly divested of, and declaring all the Grants and Concessions made to the See of _Arles_ repugnant to the Canons, strictly injoined the Bishop of _Narbonne_ not to suffer his Brother of _Arles_ to exercise, in virtue of them, any kind of Authority within the Limits of his Jurisdiction[N68]. The Conduct of _Boniface_ was afterwards approved, and that of _Zosimus_ justly condemned, by Pope _Leo the Great_, declaring in a Letter which he writ to the Bishops of the Province of _Vienne_, that the Privileges, which the Apostolic See had granted to _Patroclus_, were afterwards revoked _by a more equitable Sentence_.

-----

Footnote N68:

This Letter is dated the 2d of _February_ 422.

-----

[Sidenote: _A remarkable Instance of his Moderation._]

One of the many Artifices, employed by the Popes to aggrandize their See, was to raise Divisions among their Collegues, or to foment underhand those that others had raised. For in such Divisions they never stood neuter, but, taking Part in the Quarrel, nay, and making themselves Principals, they warmly declared in favour of one Party against the other, that, by supporting them, they might be in their Turn supported by them in all their Pretensions. To this worldly Wisdom, this wicked Policy, _Boniface_ was an utter Stranger: for he did not lay hold of a very favourable Opportunity, which the Division, that reigned at this time among the Bishops of _Gaul_, offered him, to improve his Authority, and extend his Jurisdiction. The Metropolitan Dignity was disputed there by the Bishops of _Vienne_, of _Narbonne_, and of _Arles_, as I have observed above. During that Contest the Clergy of _Valence_, quarreling with their Bishop _Maximus_, charged him with several Crimes; but not caring to accuse him at the Tribunal of any of the Three Competitors (for that had been acknowleging, in one of the Three, the Metropolitan Jurisdiction then in Dispute), they arraigned him at _Rome_, and summoned him to plead his Cause there before _Boniface_. Most other Popes would have eagerly embraced such an Opportunity of inlarging their Power; nay, and founded upon this particular Case the general Right of judging, and finally determining, all Causes of the like Nature. But _Boniface_ declared, in his Letter to _Patroclus_, and the other Bishops of the Seven Provinces of _Gaul_, that though _Maximus_ had been accused at his Tribunal, though he had not appeared to clear himself from the Crimes laid to his Charge, and might thereupon be thought guilty, and be justly condemned; yet he would not take upon him to pronounce such a Sentence, because that Bishop _ought, according to the Canons, to be judged and condemned, or absolved, in his own Province_. An Instance of Moderation that reflects no small Honour on the Memory of _Boniface_; the rather as he had before his Eyes the recent Examples of _Innocent_ and _Zosimus_, the Two most ambitious and arrogant Popes the Church had yet seen. He closes his Letter with exhorting the Bishops of the Seven Provinces to assemble against the First of _November_, that _Maximus_ may be cleared, if innocent, or condemned, if guilty.

[Sidenote: _His Death._]

_Boniface_ died on the 4th of _November_ 422. having held the Chair 3 Years, 9 Months, and some Days. He was buried in the Cœmetery of the Martyr St. _Felicitas_, on the _Salarian_ Way; where he is said to have built an Oratory. He is worshiped by the Church of _Rome_ among her Saints, an Honour which few of his Predecessors better deserved. But it is a Wonder that the last Instance I have given of his Moderation, and Regard to the Canons against the Claims of his See, did not exclude him out of the Calendar. His Festival is kept on the 25th of _October_; and _Bede_ quotes a Book of Miracles wrought by Pope _Boniface_[1586]; but whether by the First Pope of that Name, or the Second, he does not inform us, though he seems to give an intire Credit to every idle Tale that Legend contained. And here I cannot help observing, by the way, that the less necessary Miracles became, the more they were multiplied. In _Bede_’s Time, and the Three preceding Centuries, Men were rather inclined to believe too much than too little; and yet in no other Time was there a greater Profusion of Miracles. From an antient Epitaph quoted by _Baronius_[1587], it appears that _Boniface_ died very old; that he had served the Church from his tender Years; that by his engaging Behaviour he put an End to the Schism, and that he relieved _Rome_ in the time of a Famine.

-----

Footnote 1578:

Bar. ib. n. 37.

Footnote 1579:

Vid. Bar. ib. n. 34. & Baillet. vies de saints, 25 Oct.

Footnote 1580:

Platina in Bon.

Footnote 1581:

Apud Bar. ann. 419. n. 8.

Footnote 1582:

Pagi, crit. hist. in annal. Bar.

Footnote 1583:

See p. 226, 227.

Footnote 1584:

Cod. Theod. l. 45. de Episcop. l. 6.

Footnote 1585:

Fleury hist. eccles. l. 24. n. 31.

Footnote 1586:

Bed. in collectan. in fin.

Footnote 1587:

Bar. ad ann. 423. n. 8, 9.

-----------------------------------------------------------------------

HONORIUS, CELESTINE, THEODOSIUS II.,
_Forty-second_ BISHOP _of_ Rome. VALENTINIAN III.

[Sidenote: Year of Christ 422. Celestine _chosen without Opposition_.]

Upon the Demise of _Boniface_, _Celestine_ was chosen in his room, without the least Disturbance or Opposition. _Eulalius_ indeed, who was still alive, and led a retired Life in the neighbouring Province of _Campania_, was tempted by his Friends in _Rome_ to try his Fortune a Second time; but he did not chuse to quit his Solitude, and involve both himself and them in new Troubles. _Celestine_ was a Native of _Rome_, the Son of one _Priscus_, and a Deacon, if not a Presbyter, at the Time of his Election[1588].

[Sidenote: Antony, _one of St._ Austin’s _Disciples, appointed by his Interest Bishop of_ Fussala.]

He was scarce warm in the Chair, when he received a Letter from St. _Austin_ on the following Occasion. As the small Town, or rather Village of _Fussala_, belonging to the Bishoprick of _Hippo_, the See of St. _Austin_, stood at a great Distance from that City, the good Bishop thought he could not better consult the spiritual Welfare of the Inhabitants, who had but very lately abandoned the Party of the _Donatists_, than by causing their Town to be erected into a separate Bishoprick, and letting them have a Bishop of their own. This was indeed abridging both his own Jurisdiction and Revenues; but as he had the Good of the People more at Heart than either, he pursued his Scheme with Success, and prevailed upon his Collegues in _Numidia_ to ordain a young Man named _Antony_, whom he had brought up from his Infancy, the first Bishop of the Place, though at that time only a Reader. This Promotion, _per saltum_, as it is styled, was strictly forbidden by the Popes in their Decretals; but to their Orders St. _Austin_ paid no greater Regard than the other Bishops did, though he always spoke of them, and to them, with all the Respect that was due to the first Bishop in the West.[Sidenote: Antony_’s scandalous Behaviour_.] St. _Austin_ had soon Occasion to repent his transgressing those Regulations, which, it must be owned, are in themselves very wise: for _Antony_, who was but a Youth, and had been kept by St. _Austin_ under great Restraint, no sooner found himself free from all Controul, than abandoning himself intirely to the Indulgence of his youthful Passions, he thereby scandalized the new Catholics to such a Degree, that they let St. _Austin_ know the Conduct of their Bishop, unless he was quickly removed, would certainly drive them to the last Extremity; meaning, perhaps, that they should be forced either to put him to Death, or to join anew the _Donatists_, whom they had but lately forsaken. Such Menaces alarmed St. _Austin_ no less than the Conduct of his favourite Disciple surprised him. A Council was immediately summoned at his Request by the Primate of _Numidia_; _Antony_ was ordered to attend it, and the Inhabitants of _Fussala_ invited to lay their Complaints before the Assembly. The Summons was complied with by all, and _Antony_, by a great Number of Witnesses, convicted of Rapine, Violence, and Extortion. But, because some capital Crimes laid to his Charge were not sufficiently proved, the Fathers of the Council, out of an unseasonable Compassion, contented themselves with only condemning him to restore to the Inhabitants of _Fussala_ what he had with Violence taken from them. [Sidenote: _He is deprived of the Administration, and all Jurisdiction, by a Council._] They were even inclined to leave him in the quiet Possession of his Church; but that being warmly opposed by the People, they deprived him of the Administration, and of all Jurisdiction; but as he still retained the Episcopal Dignity, they did not chuse to remove him to another City to live there even as a private Person, lest they should be thought to transgress the Rules of the Fathers forbidding Translations[1589]. None could think so who were the least acquainted with those Rules.

[Sidenote: _He appeals to_ Rome.]

_Antony_ satisfied, pursuant to his Sentence, the Inhabitants of _Fussala_, whom he had wronged. But pretending that he had been unjustly deprived of his Bishoprick, he resolved to appeal to _Rome_. He was sensible that his appealing at this Juncture, when the Point of Appeals was warmly disputed, as I shall relate hereafter, was Merit enough to recommend him to the Favour of that See. However, not trusting to that alone, as _Boniface_ was still alive, he first engaged in his Favour his own Primate, the Primate of _Numidia_, who, having been excused on account of his great Age from assisting at the Council, was not well acquainted with what had passed there. [Sidenote: _Prevails upon the Primate to write in his Behalf to_ Rome.] Him therefore he easily persuaded, that he had been very ill used by the Council: _For had they thought me guilty_, said he, _of the Rapine and Extortions, that were laid to my Charge, they ought, and, without all doubt, would have deposed me: they have not deposed me; and therefore did not, as is manifest, think me guilty. If I did not deserve to be degraded from my Dignity, I did not deserve to be driven from my See._ Thus he artfully turned the Mercy that had been shewn him against those who had shewn it; and, having by that means imposed upon the Primate, persuaded him to write a Letter in his Behalf to _Boniface_. [Sidenote: _How received by_ Boniface.] With this Letter he repaired to _Rome_, but did not meet there with the Reception he expected: for all he could obtain of _Boniface_ was a Letter to the Bishops of _Numidia_, requiring them to reinstate him in his See, _provided he had represented Matters as they truly were_. This conditional Request _Antony_, on his Return to _Africa_, improved, it seems, into an absolute Command: for he threatened the People of _Fussala_ with a Visit from the Imperial Troops and Commissaries, if they did not receive him as their lawful Bishop, in Compliance with the Orders of the Apostolic See[1590]. [Sidenote: _The People of_ Fussala _write against him to_ Celestine.] In the mean time _Boniface_ dying, and _Celestine_ being chosen in his room, the People of _Fussala_ apprehending, as St. _Austin_ writes, greater Evils from a Catholic Bishop, after their Return to the Church, than they had done from a Catholic Emperor during their Separation, writ a most pathetic Letter to the new Pope, intreating him to pity their Condition, to curb _Antony_ in his unchristian Attempts, and to redeem them, by his Authority, from the Calamities which they had Reason to apprehend from that Prelate’s Cruelty and Ambition. In the same Letter they imputed all their Misfortunes to _Austin_, who had set over them such a Bishop. [Sidenote: _Are seconded by St._ Austin.] And this _Austin_ was so far from taking amiss, that he owned the Charge, and even backed their Request with a Letter of his own, conjuring _Celestine_, by the Memory of St. _Peter_, _who abhorred all Violence and Tyranny_, not to use either with the People of _Fussala_, who, he said, had but too much Reason not to submit tamely to the galling Yoke from which they had been so lately delivered. He adds, that if, in spite of all his Endeavours and Remonstrances, he should still have the Mortification to see the Church of _Fussala_ plundered and tyrannically oppressed by one whom he had raised to that See, he should think himself obliged to atone for the Share which he had in his Crimes, by resigning his own[1591]. [Sidenote: Celestine _acquiesces in the Sentence of the Council of_ Numidia.] _Celestine_ was so affected with these Letters, that he immediately acquiesced in the Sentence of the Council of _Numidia_; and the new Bishoprick of _Fussala_ being suppressed, that Town, with its District, was again subjected to the See of _Hippo_. From these Letters, that were written by the _Africans_ on this Occasion, it appears, that the Bishops of _Rome_ used, in those Days, to send some of their Ecclesiastics into _Africa_, to see the Sentences, which they had given, executed there; and that those Ecclesiastics came with Orders from the Court for the Civil Magistrates to assist them, where their Assistance should be required, or thought necessary.

[Sidenote: _An End put to the Schism formed by_ Eulalius.]

The Schism formed by _Eulalius_ was not, it seems, yet quite extinct in _Rome_ in the Year 425. for I find a Law of that Year, dated the 17th of _July_, and addressed to _Faustus_ Prefect of the City, commanding all _Manichees_, Heretics, Schismatics, and Sects of every Denomination, to be driven out of _Rome_; but more especially those, who, separating themselves from the Communion of the _Venerable Pope_, kept alive a dangerous Schism. Over these _Faustus_ is injoined to keep a watchful Eye, to summon them to communicate with _Celestine_, and, if they did not comply with the Summons in Twenty Days, to banish them an Hundred Miles from _Rome_[1592]. This Law was issued by _Placidia_, who, upon the Death of her Brother _Honorius_, which happened in the Month of _August_ 423. and that of the Usurper _John_, killed in 425, governed the Western Empire, as Guardian to her Son _Valentinian_ III. The Law she issued, probably put an End to the Schism; for no further Mention is made of it by any Historian.

It was in the Time of _Celestine_, and the following Year 426. the Fourth of his Pontificate, that the Bishops of _Africa_, quite tired out with the daily Encroachments of the Bishops of _Rome_, and not able to brook the despotic and arbitrary Power which they had begun to exercise over them, took the no less laudable than necessary Resolution of breaking their Chains before they were thoroughly riveted, and asserting their antient Liberty, by effectually removing what had endangered it, the pernicious Abuse of appealing to _Rome_. [Sidenote: Apiarius, _a Presbyter of_ Sicca, _appeals to_ Rome.] The Incident, which gave Occasion to that Resolution, was the Appeal of a Presbyter of _Sicca_, named _Apiarius_, who, being convicted of many Crimes, and thereupon degraded and excommunicated by his own Bishop _Urbanus_, appealed to _Zosimus_ then Bishop of _Rome_. [Sidenote: Zosimus _restores him to the Rank from which he had been degraded_.] _Zosimus_, who missed no Opportunity of acquiring new Power, or improving the Power which he had acquired, not only received the Appeal, but, without ever hearing the other Side, restored _Apiarius_ both to his Rank, and the Communion of the Church. This was the boldest Attempt that had yet been made upon the Rights and Liberties of the _African_ Churches; and therefore the Bishops in those Parts, all uniting in a Cause that was common to all, loudly complained of such an arbitrary Act, as an open Violation of the Canons of the Church, forbidding those, who had been excluded from the Communion by their own Bishop, to be admitted to it by any other[1593]. _Zosimus_, finding the _African_ Bishops had taken the Alarm, and were determined to restrain his Power within the Limits prescribed to it by the Canons, and, on the other hand, being well apprised, that he could allege no Canons, that had ever been received by them, to countenance the Power which he claimed, and had exercised, thought it would be no great Crime to recur to Fraud on so urgent an Occasion. [Sidenote: _To support his Pretensions, endeavours to impose upon the_ African _Bishops the Canons of_ Sardica _for the Canons of_ Nice.] Agreeably to this Scheme, he caused Two Canons to be transcribed from the Council of _Sardica_; the one allowing Presbyters and Deacons, when rashly excommunicated by their own Bishops, to appeal to the neighbouring Bishops; and the other, authorizing the Appeal of all Bishops to the Bishop of _Rome_. Had the _Africans_ received these Canons, he intended to have justified, by the former, his judging and absolving _Apiarius_, notwithstanding the Distance between _Rome_ and _Numidia_; and, in virtue of the latter, to get the Canon revoked, which the _African_ Bishops had lately made, forbidding, on Pain of Excommunication, Appeals _beyond Sea_; that is, to _Rome_. Nothing less than an intire Subjection of the _African_ Churches to the See of _Rome_ would satisfy the boundless Ambition of _Zosimus_; and such a Subjection would infallibly have ensued, had the Two above-mentioned Canons been received by the _African_ Bishops in the Sense which _Zosimus_ did, and seemed determined to make others, put upon them. But the main Point was, to persuade the Bishops of _Africa_ to admit such Canons, especially at so critical a Juncture. The Council of _Sardica_ had never been received there: nay, they were, it seems, at this very Time, utter Strangers both to that Council and its Canons; so that it was useless to quote them as such. Of this _Zosimus_ was aware; and therefore, as he stuck at nothing that stood in the way of his Ambition, he resolved, by one of the most impudent and barefaced Impostures recorded in History, to try whether he could not impose upon the Bishops of _Africa_ the Canons of _Sardica_ for the Canons of _Nice_. [Sidenote: _With this View he sends a Solemn Embassy into_ Africa.] With this knavish View, and to render the Imposture more solemn, and less suspected, he dispatched into _Africa_ Three Legates, _viz._ _Faustinus_ Bishop of _Potentia_ in _Picenum_, and Two _Roman_ Presbyters, _Philippus_ and _Asellus_. Their Instructions, contained in a Letter addressed to themselves, were, to require of the _African_ Bishops a strict Observance of the Two above-mentioned Canons of _Nice_; to complain of their repairing so often to Court; and to desire them not to communicate with _Urbanus_ of _Sicca_, who had deposed _Apiarius_, or even to send him to _Rome_, if he refused to correct what he had done amiss[1594]; that is, we may suppose, if he did not restore _Apiarius_ to his Rank, and the Communion of the Church.

With these Instructions the Legates set out for _Africa_, where they no sooner arrived, than a Council was convened, at which assisted, among the rest, _Alypius_ Bishop of _Tagaste_, St. _Austin_’s great Friend, and _Aurelius_ Bishop of _Carthage_. When the Legates first appeared before the Council, the Bishops desired them to lay their Instructions before the Assembly; which they were at first unwilling to do, contenting themselves with declaring their Commission by Word of Mouth. But the _Africans_ knowing whom they had to deal with, and thereupon pressing them to communicate their Instructions is Writing, they complied at last, and produced the Letter I have mentioned above, which was immediately registred. [Sidenote: _The Surprize of the_ African _Bishops on this Occasion_.] When it was publicly read, it is impossible to conceive the Surprize and Astonishment that appeared in the whole Assembly. They had never heard of those Canons; and to find them thus confidently ascribed to the Council of _Nice_, was what appeared to them strange beyond Expression. Warm Disputes arose, of which, however, we know no Particulars. Several different _Greek_ Copies, several _Latin_ Copies, were sent for, and carefully examined and compared; but no such Canons could be found there. However, as the Legates continued to maintain, with an unparalleled Impudence, the disputed Canons of _Nice_, the Council agreed to observe them, till they had, by a more diligent Inquiry, discovered the Truth[1595].

They continued their Sessions; but as they were few in Number, as the Point in Dispute was of the utmost Consequence, and nearly affected all the Bishops of _Africa_, they thought it should be communicated to all; and that, without the Concurrence of all, no Resolution should be taken. [Sidenote: _A General Council assembled at_ Carthage.] A General Council was accordingly assembled at _Carthage_, consisting of Two hundred and Seventeen Bishops, from the different Provinces of _Africa_. They met, for the first time, on the 25th of _May_ 419. _Faustinus_ being placed next after _Aurelius_ of _Carthage_, and _Valentine_ Primate of _Numidia_, and the Two Presbyters _Philippus_ and _Asellus_ after the other Bishops. Being all seated, _Aurelius_ moved, that the Canons of _Nice_ might be read, from the Copies which they had of that Council in _Africa_. [Sidenote: _The Conduct of_ Faustinus, _the Pope’s Legate, on this Occasion_.] But this was warmly opposed by _Faustinus_, insisting upon their reading, in the first place, his Instructions, and coming to some Resolution concerning the Observance of the Canons of _Nice_, which he was charged by the Apostolic See to require of them. _It matters not_, said he, _whether or no those Canons are to be found in your Copies, or, indeed, in any other. You must know, that the Canons and Ordinances of_ Nice, _which have been handed down to us by Tradition, and established by Custom, are no less binding than those that have been conveyed to us in Writing_. To this Speech the Bishops returned no Answer; without doubt, because they thought it deserved none. However, at his Request, his Instructions were read, and warm Debates ensued. [Sidenote: _The Resolution taken by the Council._] _Alypius_ was of Opinion, that since the disputed Canons were not to be found in any of their Copies, Messengers and Letters should be immediately dispatched to the Bishops of _Constantinople_, _Alexandria_, and _Antioch_, for authentic Copies of the Acts and Canons of _Nice_. This Proposal _Faustinus_ highly resented, as an Outrage offered to the Apostolic See, which, he said, was thereby arraigned of Fraud and Forgery. He therefore advised them to write to _Boniface_, who, by this time, had succeeded _Zosimus_, and, leaving to him the Care of examining the Authority of those Canons, submit the Whole to his Judgment, to his known Prudence and Discretion. He added, that by acting otherwise they might give Occasion to great Divisions and Disturbances in the Church. _Aurelius_, not to exasperate the Legate, whom he found to be a Man of a haughty, imperious, and intractable Temper, made no other Reply, but _that they would write to_ Boniface. St. _Austin_ promised to observe those Canons so long as it could be reasonably supposed that they were the Canons of _Nice_. The other Bishops made the same Promise; which was confirming the Resolution the Council had taken the Year before. Here the Legate exaggerated anew the Affront they offered to the _Roman_ Church; adding, that the only Reparation they could make, for questioning the Authenticity of Canons proposed by her, was to leave the deciding of that Point to her, and acquiesce in her Judgment. But the Warmth, the Earnestness, the Passion which he betrayed in his Speech, and in his whole Conduct, served only to heighten the Jealousy, and confirm the Suspicions, of the _African_ Bishops. It was therefore universally agreed, in spite of the Remonstrances, Intreaties, and Menaces of the Legate, that _Aurelius_ should write to the Bishops of _Constantinople_, _Alexandria_, and _Antioch_, for authentic Copies of the Canons of _Nice_: that if the Canons, quoted by _Faustinus_, were found in those Copies, they should be punctually observed; if not, that a new Council should be convened, and such Resolutions taken, as the Fathers, who composed it, should think proper[1596].

[Sidenote: _The Affair of_ Apiarius, _how settled by the Council._]

Matters being thus settled, with respect to the pretended Canons of _Nice_, concerning Appeals, the Council took next into Consideration the Case of _Apiarius_ which had given Occasion to the present Dispute between _Rome_ and _Africa_; and it was agreed, that _Apiarius_ should make the due Submission to his Bishop, and there upon be re-admitted to his Communion, and restored to his Rank. However, as he had given great Offence to the People of _Sicca_, by his scandalous Life, he was ordered, by the Council, to quit that City; but, at the same time, allowed to exercise the Functions of his Office in any other Place[1597]. This Medium the Council wisely chose between the Two opposite Sentences; that of _Urbanus_ excommunicating and deposing him, and that of _Zosimus_ restoring him to the Communion and the Priesthood. Such was the Issue of the Appeal of _Apiarius_: and I leave the Reader to judge, whether _Baronius_ should boast of it as he does. And now nothing remained, but to acquaint _Boniface_ with the Acts and Resolutions of the Council; and this was done accordingly by a Letter, which they all signed, and delivered to the Legates. In that Letter they begged _Boniface_ to procure, from the East, authentic Copies of the Canons of _Nice_, promising to observe the Canons in Dispute, till such Copies were procured; but this upon Condition, that if those Canons were not found to be genuine, they should recover their antient Privileges, and not be forced to _submit to a Yoke, which Ambition alone could impose_[1598].

[Sidenote: _The_ African _Bishops write into the East for authentic Copies of the Council of_ Nice.]

With this Letter the Three Legates set out from _Africa_, on their Return to _Rome_. Upon their Departure, the _African_ Bishops writ, agreeably to the Resolution they had taken, to _Atticus_ of _Constantinople_, and _Cyril_ of _Alexandria_, begging they would cause to be transcribed, and sent into _Africa_, the most authentic Copies they had of the Canons of _Nice_. With this Request the Two Bishops readily complied; and the same Year 419. the Messengers sent to _Alexandria_ and _Constantinople_ returned with the wished-for Copies, and very friendly and obliging Answers, which are still extant[1599], from _Cyril_ and _Atticus_, addressed _to_ Aurelius, _to_ Valentine, _and to all the Bishops of_ Africa _assembled at_ Carthage. As for the Bisop of _Antioch_, the _Africans_ probably did not write to him; at least, they had no Answer from him[N69]. [Sidenote: _The pretended Canons not found in those Copies, and the Dispute dropt by_ Boniface.] They immediately compared the Two Copies, sent them from the East, with their own, especially with that which _Cæcilianus_ of _Carthage_ had brought with him from _Nice_, where he had assisted at the Council; and found them agree in every Particular, without any Trace of the Canons that _Zosimus_ had produced: upon which they dispatched the same Ecclesiastics with them to _Rome_, whom they had sent into the East. _Boniface_, who was an Enemy to all Fraud and Imposition, acquiesced; the Dispute was dropped; so that the Canon, which the _African_ Bishops had lately made, forbidding Appeals to _Rome_, and _Zosimus_ had thus fraudulently attempted to defeat, remained in its full Vigour; and the Churches of _Africa_ were suffered quietly to enjoy their antient Rights and Privileges, so long as _Boniface_ lived. But in the Pontificate of his Successor _Celestine_, the Storm broke out anew.

-----

Footnote N69:

It is very observable, that the _Alexandrian_ Copy was originally sent
from _Rome_ by _Marcus_ Bishop of that City, upon a Complaint made by
the _Egyptian_ Bishops, that the _Arians_ had burnt all the Copies of
the Council of _Nice_ that were then found in _Alexandria_.

-----

[Sidenote: _The Power of receiving Appeals claimed by the Popes only as granted by the Canons._]

It may not be improper here to observe, that _Zosimus_, though wholly bent on exalting his See, and straining every Prerogative to the highest Pitch, yet did not presume to exalt it above the Canons; did not claim the disputed Power of receiving Appeals, of judging, deciding, _&c._ independently of the Canons. And was not this owning himself, but for the Canons, to be upon the Level with the other Bishops his Collegues; at least in respect to this Point? Is not the scandalous Method, which he took on this Occasion to extend his own Power, and curtail that of the _African_ Bishops, a Demonstration of his deriving his Claim from the Canons alone? Could there ever offer a better Opportunity, could there ever occur a more urgent Necessity, of asserting a _Divine Right_? As _Zosimus_ therefore never asserted, nor even mentioned, such a Right, we may well conclude, that he either had no Notion of it, or did not think it sufficiently grounded to be of any Use in the present Dispute. And yet this _Divine Right_ of receiving Appeals from all Parts of the World, of constituting, confirming, judging, censuring, suspending, deposing, removing, restoring Bishops, and all other Ecclesiastics, is now held, as an Article of Faith, by all true _Roman_ Catholics; insomuch that to dispute such an Article, would be no less dangerous, in Countries where the Inquisition prevails, than to dispute any Article of the _Apostolic_ or _Nicene_ Creed. It is true, _Innocent_ the First, as the Advocates for the See of _Rome_ observe, had claimed, by _Divine Right_, the Power of finally deciding all Controversies. But he himself seems to have been sensible, that he had gone too far, For what else could have induced him to restrain that Claim, as soon as he had set it up, to _Matters of Faith alone_[1600]? Had _Zosimus_ thought the general Claim capable of being maintained, he need not have recurred, as he did, to Fraud and Imposture. The Pretensions of _Innocent_, in their utmost Extent, were indeed renewed, in Process of Time, by his Successors; but not till the intolerable Abuse, which they made of the Power granted them by the Canons of _Sardica_, on which they founded all their Usurpations, obliged other Councils to revoke those Canons; and then it was, that, no other Means being left of maintaining their ill-gotten Power, they revived the Claim of _Innocent_, and, challenging no longer by the Canons, but by _Divine Right_, the Prerogative of receiving Appeals, they put it out of the Power of all future Councils to abridge or restrain it.

[Sidenote: _Whether_ Zosimus _ignorantly mistook the Canons of_ Sardica _for those of_ Nice.]

The Three Cardinals _Baronius_, _Bellarmine_, and _Noris_, thinking the Imputation of Ignorance less injurious to the Memory of _Zosimus_, less derogatory to the Dignity of the Apostolic See, than that of Fraud and Imposture, suppose him to have ignorantly mistaken the Canons of _Sardica_ for the Canons of _Nice_; which is supposing, that in the whole Archives of the _Roman_ Church there was not a single genuine Copy of the Council of _Nice_, or that _Zosimus_ had never perused it; and to suppose either is highly absurd. Besides, the whole Conduct of the Legate, the Pains he took to divert the _African_ Bishops from consulting other Copies, and, when he could not prevail, his recurring to _unwritten_ Canons; and, as that too proved ineffectual, his striving by all possible means to persuade the _Africans_ to leave to the Pope the Care of examining other Copies, and to acquiesce, without any further Inquiry, in what should thereupon be determined by him; plainly shews, that the Legate was privy to the Fraud, and apprehended a Detection.

[Sidenote: Apiarius _excommunicated anew. He appeals again to_ Rome, _and is restored by_ Celestine, _and sent back attended by the Legate_ Faustinus.]

_Apiarius_, being obliged to quit _Sicca_, as I have related above, retired to _Tabraca_, another City of _Numidia_, and led there so scandalous a Life, that he was excommunicated anew. Hereupon he appealed again to _Rome_, and _Celestine_, which is very surprising, notwithstanding the vigorous Opposition which his Predecessors had, but very lately, met with from the _African_ Bishops, in attempting to restore this very Presbyter, not only declared him innocent, and admitted him to his Communion, but sent him back into _Africa_, attended by the Legate _Faustinus_, who was ordered to see him reinstated. The _Africans_ were but too well acquainted already with the Presumption and Arrogance of the Bishops of _Rome_; and yet such an insolent Act quite surprised them. For _Celestine_ had neither examined the Crimes, which _Apiarius_ was charged with, nor heard the Witnesses, nor even condescended to let them know, that he intended to judge him anew. He writ, indeed, Two Letters to them on this Occasion, but which seemed merely designed to insult them: for, by the First, he gave them Notice of the Arrival of _Apiarius_ at _Rome_, which, he said, had given him great Joy; and by the Second, which was brought by _Faustinus_, he acquainted them, that he was overjoyed to have found him innocent. From this despotic and extraordinary way of acting, the _African_ Bishops concluded, that _Celestine_ was determined to keep no Measures with them, and that nothing less than an intire Subjection of the _African_ Churches to the See of _Rome_ would satisfy his Ambition. But they were resolved to maintain, at all Events, the Liberty wherewith Christ had made them free. [Sidenote: _A General Council assembled._ Apiarius _appears before it, with_ Faustinus.] A General Council was therefore assembled, and _Apiarius_ summoned to attend. He obeyed the Summons, and appeared before the Council at the Time appointed, but in Company with _Faustinus_, shewing thereby, that he placed greater Confidence in him than in his own Innocence. _Faustinus_ spoke first, and pressed, with great Warmth, the Fathers of the Assembly to re-admit _Apiarius_ to their Communion, since he had been declared innocent by the Apostolic See, and admitted by _Celestine_ to the Communion of the _Roman_ Church. The Bishops replied, that in _Africa_ _Apiarius_ had been found guilty, and that in _Africa_ his Innocence must be made to appear, before they could receive him again to their Communion. [Sidenote: _The Legate’s insolent Conduct._] As they stuck to this Point, _Faustinus_ undertook his Cause; but, instead of proving, as he had promised to do, or even attempting to prove his Innocence, he inveighed, from the Beginning of his Speech to the End, and in very harsh and opprobrious Language, against the Council, and all the Members, who composed it. [Sidenote: Apiarius _pleads his own Cause_.] _Apiarius_ was sensible, that the Speech of _Faustinus_, instead of reconciling the _African_ Bishops to him, had incensed them more than ever against him; and therefore thinking it adviseable to take the Cause into his own Hands, he stood up as soon as the other had done; and, with a Modesty capable, as he thought, of atoning for the Insolence of _Faustinus_, endeavoured to clear himself from the Crimes that had been laid to his Charge. [Sidenote: Faustinus _assists him_.] When he had spoken, the Witnesses against him were heard; and the Tryal lasted Three whole Days, _Apiarius_ striving, with great Art and Subtilty, to invalidate the Depositions, and _Faustinus_ prompting him when he was at a Stand. He might, perhaps, have escaped Condemnation, partly by his own Craft and Address, partly by the powerful Protection of the Bishop of _Rome_, had he been able to withstand the Stings of his own Conscience. [Sidenote: Apiarius, _struck with sudden Remorse, owns the Crimes laid to his Charge_.] But, on the Fourth Day, when _Faustinus_ began to triumph as sure of Victory, _Apiarius_, struck with sudden Remorse, damped at once all his Joy, by voluntarily owning, to the great Surprize of all present, and the unspeakable Confusion of _Faustinus_, every Crime with which he had been charged. Those Crimes the Fathers have thought fit to wrap in Oblivion; and indeed it was not proper, that Posterity should know them; since they were _heinous, incredible, such as ought not to be mentioned, and drew Sighs and Tears from the whole Assembly_[1601]. And this is the Man whom Two Popes, both now worshiped as Saints in the Church of _Rome_, absolved as innocent; and, as innocent, would have supported with Force and Violence, had not Providence almost miraculously interposed, to prevent the Evils that would have ensued. They could not but know, that _Apiarius_ was guilty; at least they did not know, that he was innocent. But as he had been declared guilty in _Africa_, their declaring him innocent, whether he was so or not, gave them an Opportunity of renewing the Attempts of the Apostolic See on the Liberties of the _African_ Churches; and it was, no doubt, with this View that they absolved and restored him. But, as he was not hardened enough in Iniquity for their Purpose, he owned himself guilty, in spite of their Judgment declaring him innocent, and thereby defeated their Schemes for the present. For the _Africans_, now sensible that there was no Wickedness which the Bishops of _Rome_ would not countenance, in order to establish their Power in _Africa_, to the utter Subversion of all Ecclesiastical Order and Discipline there, thought themselves bound, as they tendered the Welfare, Peace, and Tranquillity of the Churches committed to their Care, to act with that Vigour and Steadiness, which so urgent an Occasion seemed to require. [Sidenote: _The_ African _Bishops renew the Canon forbidding Appeals to_ Rome.] Accordingly they first absolutely cut off _Apiarius_ from the Communion of the Church; then renewed, in stronger Terms than ever, the Canon, which had given so great Offence at _Rome_, prohibiting, on Pain of Excommunication, Appeals _beyond Sea_, under any Pretence whatsoever; and this Prohibition they extended to Ecclesiastics of all Conditions and Ranks. _Faustinus_ blustered, vapoured, threatened; but all in vain. The Bishops not only signed, all to a Man, the above-mentioned Canon, but writ a Synodal Letter to _Celestine_, acquainting him with what had passed in the Case of _Apiarius_, and earnestly intreating him not to give Ear for the future to those, who should have recourse to him from _Africa_, nor receive to his Communion such as they had excluded from theirs: [Sidenote: _Their Letter to_ Celestine.] _For we must let your Venerableness_ (Venerabilitas tua) _know_, say they, _that it has been so established by the Council of_ Nice. _And though Mention is there made of Clerks only, and Laymen; yet there is no room to doubt but it was their Intention, that such a Regulation should extend to Bishops too; and it would be a great Irregularity, should your Holiness_ (a Title then common to all Bishops) _over-hastily and unduly admit to your Communion Bishops, who have been excommunicated in their own Provinces. Your Holiness therefore must not receive the Presbyters, and other Clerks, who, to avoid the Punishment, which they deserve, recur to you; the rather as we know of no Constitutions thus derogatory to the Authority of our Churches; and the Council of_ Nice _has subjected the Bishops themselves to the judgment of their Metropolitan. The Fathers of that Council have decreed, with great Wisdom and Equity, that all Disputes should be finally determined in the Places where they began, being sensible, that the Grace of the Holy Spirit, necessary for judging rightly, would not be wanting in any Province; especially as every Man, who thinks himself injured, may apply for Redress, if he pleases, to the Synod of his own Province, or to a national Council. Would it not be Presumption in any of us to suppose or imagine, that God will inspire a particular Person with the Spirit of Justice, and refuse it to many Bishops assembled in Council? And how can a Judgment, given out of the Country, and beyond Sea, be right, where the necessary Witnesses cannot be present, by reason of their Sex, of their Age, or of some other Impediment? As for your sending Legates, we find no such Ordinance in any Council, nor in the Writings of the Fathers. As for what you have sent us by our Collegue_ Faustinus, _as a Canon of the Council of_ Nice, _we must let you know, that no such Canon is to be found in the genuine and uncorrupt Copies of that Council, which have been transcribed and sent us by our Fellow-Bishop_ Cyril _of_ Alexandria, _and the Reverend_ Atticus _of_ Constantinople. _Those Copies we sent to_ Boniface, _your Predecessor of worthy Memory. We therefore earnestly beg you would send no more Legates, nor Ecclesiastics, to execute your Judgments here, lest you should seem to introduce worldly Pride and Arrogance_ (typhum sæculi) _into the Church of Christ._ They conclude with intreating him not to suffer _Faustinus_ to continue any longer among them[1602]. _Celestine_, finding the Spirit with which they acted, and sensible that it would be useless to employ Force at this Juncture, thought it advisable to acquiesce for the present, and wait till a more favourable Opportunity should offer for him, or his Successors, to renew the Attempt[N70].

-----

Footnote N70:

_Schelstrate_ would make us believe, that _Gregory the Great_
prevailed upon the _African_ Bishops to revoke the Canon forbidding
the Presbyters and inferior Clergy to appeal to _Rome_[N70.1]; and
_Davidius_, That the _Africans_ changed their Minds with respect to
the Appeals of Bishops, as soon as they were informed, that such
Appeals had been allowed, and approved of, by the Council of
_Sardica_[N70.2]. But neither alleges any solid Reason, or even
Conjecture, to prove Facts of such Importance; nay, what _Davidius_
advances is certainly false, since the Canons forbidding all Appeals
to _Rome_, made at this time, were still quoted among the other Canons
of the _African Collection_ in 825. and confirmed by a Council held at
_Carthage_ that Year[N70.3]. Some pretend that _Celestine_ separated
himself on this Occasion from the _African_ Bishops, and that this
Separation continued between their Churches, and that of _Rome_, till
the Beginning of the VIIth Century, when _Eulalius_ of _Carthage_, and
his Collegues, desirous of putting an End to the Schism, revoked all
the Canons that had been made in 426. derogatory to the Rights of the
_Roman_ See[N70.4]. This they advance upon the Authority of a Piece
commonly ascribed to Pope _Boniface_ II. But that Piece is so
evidently supposititious, that _Baronius_ himself is forced to give it
up.

Footnote N70.1:

Schel. Eccles. Afric. p. 50.

Footnote N70.2:

Dav. jugemens Canoniques des Evesques, p. 663, 664.

Footnote N70.3:

Concil. t. 4. p. 1636.

Footnote N70.4:

Van. Espen. in Can. p. 216.

-----

[Sidenote: Celestine _declares Translations lawful_.]

The following Year 427. _Sisinius_ Bishop of _Constantinople_ being dead, the Bishops in those Parts were for appointing _Proculus_ in his room. But, as _Proculus_ had been ordained before, though never installed Bishop of _Cyzicus_, they were under some Apprehension, lest his Promotion to the See of _Constantinople_ should be deemed a Breach of the Canons forbidding Translations. But _Celestine_, whom they consulted on this Occasion, delivered them from that Apprehension, declaring, in a Letter, which he writ at this time to _Cyril_ of _Alexandria_, _John_ of _Antioch_, and _Rufus_ of _Thessalonica_, that they might safely place on one See a Bishop named to another, nay, and a Bishop who actually governed another[1603]; that is, he declared Translations lawful[N71].

-----

Footnote N71: