Page:Dictionary of Christian Biography and Literature (1911).djvu/622

 venerable Hosius of Cordova. In some editions of the Acts of the council he is designated one of the legates of the Roman see. But this designation seems due only to the desire, which appears in other cases, of assigning the presidency of all councils to the pope. According to Athanasius (Apol. contra Arian. 50), Julius was represented by two presbyters, Archidamus and Philoxenes, whose names appear in the signatures to the synodal letter of the council after that of Hosius. Hosius undoubtedly presided, and there is no sign of his having done so as the pope's deputy either in the Acts of the council or in the letter sent to Julius at its close. Nor can the initiative of the council be assigned to Julius, for this is inconsistent with the statement of Athanasius, who calls God to witness that when summoned to Milan he was entirely ignorant of the purpose of the summons, but found that it was because "certain bishops" there had been moving Constans to induce Constantius to allow a general council to be assembled (Apol. ad Imp. Constantium, 4). If Julius had been the mover, it is unlikely that Athanasius, who was with him at Rome, would have been ignorant of the purpose of his summons or would have spoken only of "certain bishops." The council was convened by the emperors on their own authority, to review the whole past proceedings, whether at Tyre, Antioch, or Rome, without asking the pope's leave or inviting him to take the lead. It confirmed and promulgated anew all the decisions of the Roman council, decreed the restoration of the banished orthodox prelates, and excommunicated the Eusebian intruders. It also passed 21 canons of discipline, 3 being of special historic importance. The extant Acts of the council give them thus. Canon III. (al. III., IV.) "Bp. Osius said: This also is necessary to be added, that bishops pass not from their own province to another in which there are bishops, unless perhaps on the invitation of their brethren there, that we may not seem to close the gate of charity. And, if in any province a bishop have a controversy against a brother bishop, let neither of the two call upon a bishop from another province to take cognizance of it. But, should any one of the bishops have been condemned in any case, and think that he has good cause for a reconsideration of it, let us (if it please you) honour the memory of the blessed Apostle St. Peter, so that Julius, the Roman bishop, be written to by those who have examined the case; and, if he should judge that the trial ought to be renewed, let it be renewed, and let him appoint judges. But, if he should decide that the case is such that what has been done ought not to be reconsidered, what he thus decides shall be confirmed. Si hoc omnibus placet? The synod replied, Placet." Canon IV. (al. V.) "Bp. Gaudentius said: Let it, if it please you, be added to this decree that when any bishop has been deposed by the judgment of bishops who dwell in neighbouring places, and he has proclaimed his intention of taking his case to Rome, no other bishop shall by any means be ordained to his see till the cause has been determined in the judgment of the Roman bishop." Canon V. (al. VII.) "Bp. Osius said: It has seemed good to us (placuit) that if any bishop has been accused, and the assembled bishops of his own region have deposed him, and if he has appealed to the bishop of the Roman church, and if the latter is willing to hear him, and considers it just that the inquiry should be renewed, let him deign to write to the bishops of a neighbouring province, that they may diligently inquire into everything, and give their sentence according to the truth. But if the appellant in his supplication should have moved the Roman bishop to send a presbyter [al. presbyters] 'de suo latere,' it shall be in his [i.e. the Roman bishop's] power to do whatever he thinks right. And if he should decide to send persons having his own authority to sit in judgment with the bishops, it shall be at his option to do so. But if he should think the bishops sufficient for terminating the business, he shall do what approves itself to his most wise judgment." In these canons we notice, firstly, they were designed to provide what recent events had shewn the need of, and what the existing church system did not adequately furnish—a recognized court of appeal in ecclesiastical causes. The canons of Nice had provided none beyond the provincial synod, for beyond that the only strictly canonical appeal was to a general council, which could be but a rare event and was dependent on the will of princes. The need was felt of a readier remedy. Secondly, this remedy was provided by giving the Roman bishop the power to cause the judgment of provincial synods to be reconsidered; but only on the appeal of the aggrieved party, and only in certain prescribed ways. He might refuse to interfere, thus confirming the decision of the provincial synod; or he might constitute the bishops of a neighbouring province as a court of appeal; he might further, if requested and if he thought it necessary, send one or more presbyters as his legates to watch the proceedings, or appoint representatives of himself to sit as assessors in the court. But he was not empowered to interfere unless appealed to, or to summon the case to Rome to be heard before himself in synod; still less, of course, to adjudicate alone. Thirdly, it is evident that this course was sanctioned for the first time at Sardica. The canons, on the face of them, were not a confirmation of a traditional prerogative of Rome. The words of Hosius were, "Let us, if it please you, honour the memory of the blessed Apostle St. Peter," i.e. by conceding this power to the Roman bishop. Fourthly, the power in question was definitely given only to the then reigning pope, Julius, who is mentioned by name; and it has hence been supposed that it was not meant to be given his successors (cf. Richer. Hist. Concil. General. t. i. c. 3, § 4). But the arrangement was probably at any rate intended to be permanent, since the need for it and the grounds assigned for it were permanent. Fifthly, since it was the causes of