Part 41 (1/2)

(_c_) Council of Sardica, A. D. 343 or 344, _Canons_, Bruns, I, 88. _Cf._ Mirbt, n. 113, and Kirch, nn. 448 _ff._

The Council of Sardica was intended to be composed of representatives from the entire Empire who might be able to settle once and for all the Arian question. It met at Sardica on the boundary between the two divisions of the Empire as they were then defined. The Eastern ecclesiastics, strongly Arian, found themselves outnumbered by the Western bishops who supported Athanasius and the Nicene definition of faith. The Eastern representatives withdrew to Philippopolis near by, and held their own council. The following canons were intended to provide a system of appeal for cases like that of Athanasius, and although they do not seem to have been acted upon enough to have become a part of the Churchs system, yet they were of great importance inasmuch as subsequently they were used as late as the ninth century for a support to a wholly different system of appeals.

These canons were very early attributed to the Council of Nica A.

D. 325.

Canon 3. Bishop Hosius said: This, also, it is necessary to addthat bishops shall not pa.s.s from their own province to another province in which there are bishops, unless perchance they are invited by their brethren, that we seem not to close the door to charity. But if in any province a bishop have an action against his brother bishop, neither shall call in as judge a bishop from another province. But if judgment shall have gone against any bishop in a case, and he think that he has a good case, in order that the question may be heard, let us, if it be your pleasure, honor the memory of St. Peter the Apostle, and let those who have tried the case write to Julius, the bishop of Rome, and if he shall decide that the case should be retried, let it be retried, and let him appoint judges; but if he shall be satisfied that the case is such that what has been done should not be disturbed, what has been decreed shall be confirmed.

Is this the pleasure of all? The synod answered: It is our pleasure.

Canon 4. Bishop Gaudentius said: If it please you, it is necessary to add to this sentence, which full of sincere charity thou hast p.r.o.nounced, that if any bishop has been deposed by the judgment of those bishops who happened to be in the vicinity, and he a.s.serts that he has fresh matter in defence, a new bishop is not to be settled in his see, unless the bishop of Rome judge and render a decision as to this.

_Latin Version of Canon 4._ Bishop Gaudentius said: If it please you, there ought to be added to this sentence, which full of holiness thou hast p.r.o.nounced, that if any bishop has been deposed by the judgment of those bishops who dwell in the vicinity, and he a.s.serts that the business ought to be conducted by him in the city of Rome, another bishop should in nowise be ordained in his see after the appellation of him who appears to have been deposed, unless the cause shall have been determined by the judgment of the bishop of Rome.

Canon 5.(129) Bishop Hosius said: Let it be decreed that if a bishop shall have been accused and the a.s.sembled bishops of the same region shall have deposed him from his office, and he, so to speak, appeals and takes refuge with the bishop of the Roman Church and wishes to be heard by him, if he(130) think it right to renew the examination of his case, let him be pleased to write to those of fellow-bishops who are nearest the province that they may examine the particulars with care and accuracy and give their votes on the matter in accordance with the word of truth. And if any one demand that his case be heard yet again, and at his request it seems good to the bishop of Rome to send presbyters from his own side, let it be in the power of that bishop, according as he judges it to be good and decides it to be right, that some be sent to be judges with the bishops and invested with his authority by whom they were sent. And be this also ordained. But if he thinks that they [the bishops] are sufficient for the hearing and determining of the matter of the bishop, let him do what shall seem good in his most prudent judgment.

The bishops answered: What has been said is approved.

(_d_) Gratian and Valentinian, _Rescript_; A. D. 378. (MSG, 13:586.) Mirbt, nn. 118, _f._

This rescript was sent in answer to a pet.i.tion addressed to the emperors by a Roman council under Damasus. It is, therefore, found connected with an epistle in the works of Damasus. It does not seem to have been the foundation of any claim or to have played any considerable part in the development of the Roman primacy. It is of importance in the present connection as ill.u.s.trating the part emperors took in the internal affairs of the Church. For Damasus and the disturbances in connection with his election, _v.

infra_, 74, _a_. The rescript may be found in Mansi, III, 624; Hardouin, I, 842; and in Gieseler, I, 380.

6. If any one shall have been condemned by the judgment of Damasus, which he shall have delivered with the council of five or seven bishops, or by the judgment or council of those who are Catholics, and if he shall unlawfully attempt to retain his church,(131) in order that such a one, who has been called to the priestly judgment, shall not escape by his contumacy, it is our will that such a one be remitted by the ill.u.s.trious prefects of Gaul and Italy, either by the proconsul or the vicars, use having been made of due authority, to the episcopal judgment, and shall come to the city of Rome under an escort; or if such insolence of any one shall appear in parts very far distant, the entire pleading of his case shall be brought to the examination of the metropolitan of the province in which the bishop is, or if he himself is the metropolitan, then of necessity he shall hasten without delay to Rome, or to those whom the Roman bishop shall a.s.sign as judges, so that whoever shall have been deposed shall be removed from the confines of the city in which they were priests. For we punish those who deserve punishment less severely than they deserve, and we take vengeance upon their sacrilegious stubbornness more gently than it merits. And if the unfairness or partiality of any metropolitan, bishop, or priest is suspected, it is allowed to appeal to the Roman bishop or to a council gathered of fifteen neighboring bishops, but so that after the examination of the case shall have been concluded what was settled shall not be begun over again.

(_e_) _Codex Theodosia.n.u.s_, XVI, 1, 2; Feb. 27, A. D. 380. _Cf._ Kirch, n.

755.

The following edict was issued by Gratian, Valentinian and Theodosius, requiring the acceptance of the orthodox faith by all subjects. In other words, the emperors, following the example of Constantius and Valens in enforcing Arianism, are now enforcing the Nicene theology. Sozomenus, _Hist. Ec._, VII, 4, gives the circ.u.mstances under which this edict was issued.

It is our will that all the peoples whom the government of our clemency rules shall follow that religion which a pious belief from Peter to the present declares the holy Peter delivered to the Romans, and which it is evident the pontiff Damasus and Peter, bishop of Alexandria, a man of apostolic sanct.i.ty, follow; that is, that according to the apostolic discipline and evangelical doctrine we believe in the deity of the Father and the Son and the Holy Ghost of equal majesty, in a holy trinity. Those who follow this law we command shall be comprised under the name of Catholic Christians; but others, indeed, we require, as insane and raving, to bear the infamy of heretical teaching; their gatherings shall not receive the name of churches; they are to be smitten first with the divine punishment and after that by the vengeance of our indignation, which has the divine approval.

(_f_) _Codex Theodosia.n.u.s_, XVI, 1, 3.

Gratian, Valentinian, and Theodosius to Auxonius, proconsul of Asia.

To enforce still further the principles of Nicene orthodoxy certain bishops were named as teachers of the true faith, communion with whom was a test of orthodoxy.