(Gallia Orthod., LIX.)
Nor did Anatolius and the other bishops receive it, until they had deliberated, and found that Leo's letter agreed with the preceding councils.
(Gallia Orthod., LX.)
But here a singular discussion arises between the eminent Cardinals Bellarmine and Baronius. The latter, and with him a large number of our theologians, recognize the letter of Leo as the Type and Rule of faith, by which all Churches were bound: but Bellarmine, alarmed at the examination which he could not deny, answers thus: "Leo had sent his letter to the council, not as containing his final and definitive sentence, but as an instruction, assisted by which the bishops might form a better judgment." But, most eminent man, allow me to say that Leo, upon the appeal of Eutyches, and at the demand of Flavian, composed this letter for a summary of the faith, and sent it to every Church in all parts, when as yet no one thought about a council. Therefore it was not an instruction to the council which he provided, but an Apostolic sentence which he put forth. The fact is that out of this strait there was no other escape: Baronius will not allow that a letter, confirmed by so great an authority of the Apostolic See, should be attributed to any other power but that which is supreme and indefectible: Bellarmine will not take that to emanate from the supreme and indefectible authority, which was subjected to synodical inquiry, and deliberation. What, then, is the issue of this conflict, unless that it is equally evident that the letter was written with the whole authority of the Apostolic See, and yet subjected, as usual, to the examination of an Universal Council.
(Ib. LXI.)
And in this we follow no other authority than Leo himself, who speaks thus in his letter to Theodoret: "What God had before decreed by our ministry, he confirmed by the irreversible assent of the whole brotherhood, to shew that what was first put forth in form by the First See of all, and then received by the judgment of the whole Christian world, really proceeded from himself." Here is a decree, as Baronius says, but not as Bellarmine says, an instruction: here is a judgment of the whole world upon a decree of the Apostolic See. He proceeds: "For in order that the consent of other sees to that which the Lord of all appointed to preside over the rest might not appear flattery, nor any other adverse suspicion creep in, persons were at first found who doubted concerning our judgments." And not only heretics, but even the Fathers of the council themselves, as the acts bear witness. Here the First See shews a fear of flattery, if doubt about its judgments were forbidden. Moreover, "The truth itself likewise is both more clearly conspicuous, and more strongly maintained, when after examination confirms what previous faith had taught." Here in plain words he speaks of an examination by the council, de fide, not by himself, as they wretchedly object, but of that faith which the decretal letter set forth. And at length that same letter is issued as the Rule, but confirmed by the assent of the universal holy Council, or as he had before said, after that it is confirmed by the irreversible assent of the whole Brotherhood. Out of this expression of that great Pontiff, the Gallican clergy drew theirs, that in questions of faith the judgment is, what Tertullian calls, "not to be altered;" what Leo calls, "not to be reconsidered," only when the assent of the Church is added.
(Defens. Dec. Cleri Gall. VII. xvij.)
This certainly no one can be blamed for holding with him and with the Fathers of Chalcedon. The forma is set forth by the Apostolic See, yet it is to be received with a judgment, and that free, and each bishop individually is inferior to the First, yet so that all together pass judgment even on his decree.
They conceived no other way of removing all doubt; for, after the conclusion of the synod, the Emperor thus proclaims: "Let then all profane contentions cease, for he is indeed impious and sacrilegious, who, after the sentence of so many priests, leaves anything for his own opinion to consider." He then prohibits all discussion concerning religion; for, says he, "he does an injury to the judgment of the most religious council, who endeavours to open afresh, and publicly discuss, what has been once judged, and rightly ordered." Here in the condemnation of Eutyches is the order of Ecclesiastical judgments in questions of faith. He is judged by his proper Bishop, Flavian: the cause is reheard, reconsidered by the Pope St. Leo; it is decided by a declaration of the Apostolic See: after that declaration follows the examination, inquiry, judgment of the Fathers or bishops, in a General Council: after the declaration has been approved by the judgment of the Fathers no place is any longer left for doubt or discussion.
Extracts from the Acts.
Session I.
(Labbe and Cossart, Concilia, Tom. IV., col. 93.)
Paschasinus, the most reverend bishop and legate of the Apostolic See, stood up in the midst with his most reverend colleagues and said: We received directions at the hands of the most blessed and apostolic bishop of the Roman city, which is the head of all the churches, which directions say that Dioscorus is not to be allowed a seat in this assembly, but that if he should attempt to take his seat he is to be cast out. This instruction we must carry out; if now your holiness so commands let him be expelled or else we leave. [278]
The most glorious judges and the full senate said: What special charge do you prefer against the most reverend bishop Dioscorus?
Paschasinus, the most reverend bishop and legate of the Apostolic See, said: Since he has come, it is necessary that objection be made to him.
The most glorious judges and the whole senate said: In accordance with what has been said, let the charge under which he lies, be specifically made.
Lucentius, the most reverend bishop having the place of the Apostolic See, said: Let him give a reason for his judgment. For he undertook to give sentence against one over whom he had no jurisdiction. And he dared to hold a synod without the authority of the Apostolic See, a thing which had never taken place nor can take place. [279]
Paschasinus the most reverend bishop, holding the place of the Apostolic See, said: We cannot go counter to the decrees of the most blessed and apostolic bishop ["Pope" for "bishop" in the Latin], who governs the Apostolic See, nor against the ecclesiastical canons nor the patristic traditions.
The most glorious judges and the full senate, said: It is proper that you should set forth specifically in what he hath gone astray.
Lucentius, the venerable bishop and holding the place of the Apostolic See, said: We will not suffer so great a wrong to be done us and you, as that he who is come to be judged should sit down [as one to give judgment].
The glorious judges and the whole senate said: If you hold the office of judge, you ought not to defend yourself as if you were to be judged.
And when Dioscorus the most religious bishop of Alexandria at the bidding of the most glorious judges and of the sacred assembly (tes hieras sunkletou [280] ) had sat down in the midst, and the most reverend Roman bishops also had sat down in their proper places, and kept silence, Eusebius, the most reverend bishop of the city of Dorylæum, stepping into the midst, said:
[He then presented a petition, and the Acts of the Latrocinium were read. Also the Acts of the council of Constantinople under Flavian against Eutyches (col. 175).]
And when they were read, the most glorious judges and immense assembly (huperphues sunkletos) said: What do the most reverend bishops of the present holy synod say? When he thus expounded the faith did Flavian, of holy memory, preserve the orthodox and catholic religion, or did he in any respect err concerning it?
Paschasinus the most reverend bishop, representing the Apostolic See, said; Flavian of blessed memory hath most holily and perfectly expounded the faith. His faith and exposition agrees with the epistle of the most blessed and apostolic man, the bishop of Rome.
Anatolius the most reverend archbishop of Constantinople said; The blessed Flavian hath beautifully and orthodoxly set forth the faith of our fathers.
Lucentius, the most reverend bishop, and legate of the Apostolic See, said; Since the faith of Flavian of blessed memory agrees with the Apostolic See and the tradition of the fathers it is just that the sentence by which he was condemned by the heretics should be turned back upon them by this most holy synod.
Maximus the most reverend bishop of Antioch in Syria, said: Archbishop Flavian of blessed memory hath set forth the faith orthodoxly and in accordance with the most beloved-of-God and most holy Archbishop Leo. And this we all receive with zeal.
Thalassius, the most reverend bishop of Cæsarea in Cappadocia said; Flavian of blessed memory hath spoken in accordance with Cyril of blessed memory.
[And so, one after another, the bishops expressed their opinions. The reading of the acts of the Council of Constantinople was then continued.]
And at this point of the reading, Dioscorus, the most reverend Archbishop of Alexandria said, I receive "the of two;" "the two" I do not receive (to ek duo dechomai; to duo, ou dechomai). I am forced to be impudent, but the matter is one which touches my soul.
[After a few remarks the reading was continued and the rest of the acts of the Latrocinium of Ephesus completed. The judges then postponed to the morrow the setting forth a decree on the faith but intimated that Dioscorus and his associates should suffer the punishment to which they unjustly sentenced Flavian. This met with the approval of all the bishops except those of Illyrica who said: "We all have erred, let us all be pardoned." (col. 323.) ]
The most glorious judges and the whole senate said; Let each one of the most reverend bishops of the present synod, hasten to set forth how he believes, writing without any fear, but placing the fear of God before his eyes; knowing that our most divine and pious lord believes according to the ecthesis of the three hundred and eighteen holy fathers at Nice, and according to the ecthesis of the one hundred and fifty after them, and according to the Canonical epistles and ectheses of the holy fathers Gregory, Basil, Athanasius, Hilary, Ambrose, and according to the two canonical epistles of Cyril, which were confirmed and published in the first Council of Ephesus, nor does he in any point depart from the faith of the same. For the most reverend archbishop of Old Rome, Leo, appears to have sent a letter to Flavian of blessed memory, with reference to Eutyches's unbelieving doubt which was springing up against the Catholic Church.
End of the first Actio.
[278] This whole paragraph reads with material differences in the Latin. Moreover while the Greek text is clear and grammatical, the Latin is most incorrect and halting. Leo is described as "Pope of the city of Rome," instead of "bishop of Rome."
[279] This statement, so absolutely contrary to fact, has been a sore difficulty to the commentators. Arendt (Leo the Great and his Times, § 270) says that this meant only that "he had, without permission of the Pope, taken the presidency there, and conducted the proceedings, for Leo himself had acknowledged the synod by the fact that he allowed his legates to be present at it." Almost the same is the explanation of the Ballerini (Leo M. Opera, Tom. ii. 460, n. 15.)
[280] The Latin here has the usual form "amplissimus senatus," for which the Greek is periphanestatoi sunkletikoi.
Extracts from the Acts.
Session II.
(L. and C., Concilia, Tom. IV., col. 338.)
When all were seated before the rails of the most holy altar, the most superb and glorious judges and the great (huperphues) senate said; At a former meeting the question was examined of the condemnation of the most reverend bishop Flavian of blessed memory and Eusebius, and it was patent to you all with what justice and accuracy the examination was conducted: and it was proved that they had been cruelly and improperly condemned. What course we should pursue in this matter became clear after your deliberations. Now however the question to be enquired into, studied, and decided, is how the true faith is to be established, which is the chief end for which this Council has been assembled. As we know that ye are to render to God a strict account not only for your own souls in particular, but as well for the souls of all of us who desire rightly to be taught all things that pertain to religion, and that all ambiguity be taken away, by the agreement and consent of all the holy fathers, and by their united exposition and doctrine; hasten therefore without any fear of pleasing or displeasing, to set forth (ekthesthai) the pure faith, so that they who do not seem to believe with all the rest, may be brought to unity through the acknowledging of the truth. For we wish you to know that the most divine and pious lord of the whole world and ourselves hold the orthodox faith set forth by the 318 and by the 150 holy fathers, and what also has been taught by the rest of the most holy and glorious fathers, and in accordance with this is our belief.