From the Acts of the same Holy Synod concerning Photius, Bishop of Tyre, and Eustathius, Bishop of Berytus.
The most magnificent and glorious judges said:
What is determined by the Holy Synod [in the matter of the Bishops ordained by the most religious Bishop Photius, but removed by the most religious Bishop Eustathius and ordered to be Presbyters after (having held) the Episcopate]?
The most religious Bishops Paschasinus and Lucentius, and the Priest Boniface, representatives of the Church [297] of Rome, said:
[296] Duchesne, Origines du Culte Chrétien, p. 24.
[297] "Apostolic Chair of Rome" in the Greek of the acts.
Canon XXIX.
It is sacrilege to degrade a bishop to the rank of a presbyter; but, if they are for just cause removed from episcopal functions, neither ought they to have the position of a Presbyter; and if they have been displaced without any charge, they shall be restored to their episcopal dignity.
And Anatolius, the most reverend Archbishop of Constantinople, said: If those who are alleged to have been removed from the episcopal dignity to the order of presbyter, have indeed been condemned for any sufficient causes, clearly they are not worthy of the honour of a presbyter. But if they have been forced down into the lower rank without just cause, they are worthy, if they appear guiltless, to receive again both the dignity and priesthood of the Episcopate.
And all the most reverend Bishops cried out:
The judgment of the Fathers is right. We all say the same. The Fathers have righteously decided. Let the sentence of the Archbishops prevail.
And the most magnificent and glorious judges said:
Let the pleasure of the Holy Synod be established for all time.
Notes.
Ancient Epitome of Canon XXIX.
He is sacrilegious who degrades a bishop to the rank of a presbyter. For he that is guilty of crime is unworthy of the priesthood. But he that was deposed without cause, let him be [still] bishop.
What precedes and follows the so-called canon is abbreviated from the IV^th Session of the Council (L. and C., Conc., Tom. IV., col. 550). I have followed a usual Greek method of printing it.
Hefele.
This so-called canon is nothing but a verbal copy of a passage from the minutes of the fourth session in the matter of Photius of Tyre and Eustathius of Berytus. Moreover, it does not possess the peculiar form which we find in all the genuine canons of Chalcedon, and in almost all ecclesiastical canons in general; on the contrary, there adheres to it a portion of the debate, of which it is a fragment, in which Anatolius is introduced as speaking. Besides it is wanting in all the old Greek, as well as in the Latin collections of canons, and in those of John of Antioch and of Photius, and has only been appended to the twenty-eight genuine canons of Chalcedon from the fact that a later transcriber thought fit to add to the genuine canons the general and important principle contained in the place in question of the fourth session. Accordingly, this so-called canon is certainly an ecclesiastical rule declared at Chalcedon, and in so far a kanon, but it was not added as a canon proper to the other twenty-eight by the Synod.
From the Fourth Session of the same Holy Synod, having reference to the matter of the Egyptian Bishops.
The most magnificent and glorious judges, and the whole Senate, said:
Canon XXX.
Since the most religious bishops of Egypt have postponed for the present their subscription to the letter of the most holy Archbishop Leo, not because they oppose the Catholic Faith, but because they declare that it is the custom in the Egyptian diocese to do no such thing without the consent and order of their Archbishop, and ask to be excused until the ordination of the new bishop of the metropolis of Alexandria, it has seemed to us reasonable and kind that this concession should be made to them, they remaining in their official habit in the imperial city until the Archbishop of the Metropolis of Alexandria shall have been ordained.
And the most religious Bishop Paschasinus, representative of the Apostolic throne for Rome [298] ], said:
If your authority suggests and commands that any indulgence be shewn to them, let them give securities that they will not depart from this city until the city of Alexandria receives a Bishop.
And the most magnificent and glorious judges, and the whole Senate, said:
Let the sentence of the most holy Paschasinus be confirmed.
And therefore let them [i.e., the most religious Bishops of the Egyptians] remain in their official habit, either giving securities, if they can, or being bound by the obligation of an oath.
Notes.
Ancient Epitome of Canon XXX.
It is the custom of the Egyptians that none subscribe [299] without the permission of their Archbishop. Wherefore they are not to be blamed who did not subscribe the Epistle of the holy Leo until an Archbishop had been appointed for them.
As in the case of the last so-called "canon" I have followed a usual Greek method, the wording departs but little from that of the acts (Vide L. and C., Conc., Tom. IV., col. 517).
Hefele.
This paragraph, like the previous one, is not a proper canon, but a verbal repetition of a proposal made in the fourth session by the imperial commissioners, improved by the legate Paschasinus, and approved by the Synod. Moreover, this so-called canon is not found in the ancient collections, and was probably added to the twenty-eight canons in the same manner and for the same reasons as the preceding.
Bright.
The council could insist with all plainness on the duty of hearing before condemning (see on Canon XXIX.); yet on this occasion bishop after bishop gave vent to harsh unfeeling absolutism, the only excuse for which consists in the fact that the outrages of the Latrocinium were fresh in their minds, and that three of the Egyptian supplicants, whom they were so eager to terrify or crush, had actually supported Dioscorus on the tragical August 8, 449. It was not in human nature to forget this; but the result is a blot on the history of the Council of Chalcedon.
[298] These words do not occur in the Acts.
[299] i.e., a conciliar decree.
Extracts from the Acts.
Session XVI.
(Labbe and Cossart, Concilia, Tom. IV., col. 794.)
Paschasinus and Lucentius, the most reverend bishops, holding the place of the Apostolic See, said: If your magnificence so orders, we have something to lay before you.
The most glorious judges, said: Say what you wish. The most holy Paschasinus the bishop, holding the place of Rome, said: The rulers of the world, taking care of the holy Catholic faith, by which their kingdom and glory is increased, have deigned to define this, in order that unity through a holy peace may be preserved through all the churches. But with still greater care their clemency has vouchsafed to provide for the future, so that no contention may spring up again between God's bishops, nor any schisms, nor any scandal. But yesterday after your excellencies and our humility had left, it is said that certain decrees were made, which we esteem to have been done contrary to the canons, and contrary to ecclesiastical discipline. We request that your magnificence order these things to be read, that all the brethren may know whether the things done are just or unjust.
The most glorious judges said: If anything was done after our leaving let it be read.
And before the reading, Aëtius, the Archdeacon of the Church of Constantinople said: It is certain that the matters touching the faith received a suitable form. But it is customary at synods, after those things which are chiefest of all shall have been defined, that other things also which are necessary should be examined and put into shape. We have, I mean the most holy Church of Constantinople has, manifestly things to be attended to. We asked the lord bishops (kuriois tois episkopois) from Rome, to join with us in these matters, but they declined, saying they had received no instructions on the subject. We referred the matter to your magnificence and you bid the holy Synod to consider this very point. And when your magnificence had gone forth, as the affair was one of common interest, the most holy bishops, standing up, prayed that this thing might be done. And they were present here, and this was done in no hidden nor secret fashion, but in due course and in accordance with the canons.
The most glorious judges said: Let the acts be read.
[ The canon (number XXVIII.), was then read, and the signatures, in all 192, including the bishops of Antioch, Jerusalem, and Heraclea, but not Thalassius of Cæsarea who afterwards assented. Only a week before 350had signed the Definition of faith. When the last name was read a debate arose as follows. (Col. 810.).]
Lucentius, the most reverend bishop and legate of the Apostolic See, said: In the first place let your excellency notice that it was brought to pass by circumventing the holy bishops so that they were forced to sign the as yet unwritten canons, of which they made mention. [The Greek reads a little differently (I have followed the Latin as it is supposed by the critics to be more pure than the Greek we now have): Your excellency has perceived how many things were done in the presence of the bishops, in order that no one might be forced to sign the aforementioned canons; defining by necessity.]
The most reverend bishops cried out: No one was forced.
Lucentius the most reverend bishop and legate of the Apostolic See, said: It is manifest that the decrees of the 318 have been put aside, and that mention only has been made of those of the 150, which are not found to have any place in the synodical canons, and which were made as they acknowledge eighty years ago. If therefore they enjoyed this privilege during these years, what do they seek for now? If they never used it, why seek it? [The Greek reads: "It is manifest that the present decrees have been added to the decrees of the 318 and to those of the 150 after them, decrees not received into the synodical canons, these things they pretend to be defined. If therefore in these times they used this benefit what now do they seek which according to the canons they had not used?]
Aëtius, the archdeacon of the most holy Church of Constantinople, said: If on this subject they had received any commands, let them be brought forward.
Bonifacius, a presbyter and vicar of the Apostolic See, said: The most blessed and Apostolic Pope, among other things, gave us this commandment. And he read from the chart, "The rulings of the holy fathers shall with no rashness be violated or diminished. Let the dignity of our person in all ways be guarded by you. And if any, influenced by the power of his own city, should undertake to make usurpations, withstand this with suitable firmness."
The most glorious judges said: Let each party quote the canons.
------------------------
Paschasinus, the most reverend bishop and representative, read: Canon Six of the 318 holy fathers, "The Roman Church hath always had the primacy. Let Egypt therefore so hold itself that the bishop of Alexandria have the authority over all, for this is also the custom as regards the bishop of Rome. So too at Antioch and in the other provinces let the churches of the larger cities have the primacy. [In the Greek let the primacy be kept to the churches;' a sentence which I do not understand, unless it means that for the advantage of the churches the primatial rights of Antioch must be upheld. But such a sentiment one would expect to find rather in the Latin than in the Greek.] And one thing is abundantly clear, that if any one shall have been ordained bishop contrary to the will of the metropolitan, this great synod has decreed that such an one ought not to be bishop. If however the judgment of all his own [fellows] is reasonable and according to the canons, and if two or three dissent through their own obstinacy, then let the vote of the majority prevail. For a custom has prevailed, and it is an ancient tradition, that the bishop of Jerusalem be honoured, let him have his consequent honour, but the rights of his own metropolis must be preserved."
Constantine, the secretary, read from a book handed him by Aëtius, the archdeacon; Canon Six of the 318 holy Fathers. "Let the ancient customs prevail, those of Egypt, so that the bishop of Alexandria shall have jurisdiction over all, since this also is the custom at Rome. Likewise at Antioch and in the rest of the provinces, let the rank (presbeia) be preserved to the churches. For this is absolutely clear that if anyone contrary to the will of the metropolitan be ordained bishop, such an one the great synod decreed should not be a bishop. If however by the common vote of all, founded upon reason, and according to the canons, two or three moved by their own obstinacy, make opposition, let the vote of the majority stand."