Chapter XXXI.--When the Bishops will not listen to Athanasius' Defense on the Second Charge, he betakes himself to the Emperor.
But in refuting the false allegations against Macarius, he made use of legal forms; taking exception in the first place to Eusebius and his party, as his enemies, protesting against the injustice of any man's being tried by his adversaries. He next insisted on its being proved that his accuser Ischyras had really obtained the dignity of presbyter; for so he had been designated in the indictment. But as the judges would not allow any of these objections, the case of Macarius was entered into, and the informers being found deficient of proofs, the hearing of the matter was postponed, until some persons should have gone into Mareotis, in order that all doubtful points might be examined on the spot. Athanasius seeing that those very individuals were to be sent to whom he had taken exception (for the persons sent were Theognis, Maris, Theodorus, Macedonius, Valens, and Ursacius), exclaimed that their procedure was both treacherous and fraudulent; for that it was unjust that the presbyter Macarius should be detained in bonds, while the accuser together with the judges who were his adversaries, were permitted to go, in order that an ex parte collection of the facts in evidence might be made.' Having made this protest before the whole Synod and Dionysius the governor of the province, and finding that no one paid any attention to his appeal, he privately withdrew. Those, therefore, who were sent to Mareotis, having made an ex parte [248] investigation, held that what the accuser said was true.
[248] ek monomerous, Lat. ex parte; the term, however, is not restricted to this technical sense, but may be used of any form of partiality. Cf. Sophocles' Greek Lex. of Rom. and Byz. As already noted in the Intro. p. ix, Harnack denies that there is any special juristic knowledge shown here; it must be conceded that the language used is such as might have been at the command of any intelligent and educated non-professional man.
Chapter XXXII.--On the Departure of Athanasius, those who composed the Synod vote his Deposition.
Thus Athanasius departed, hastening to the emperor, and the Synod in the first place condemned him in his absence; and when the result of the enquiry which had been instituted at Mareotis was presented, they voted to depose him; loading him with opprobrious epithets in their sentence of deposition, but being wholly silent respecting the disgraceful defeat of the charge of murder brought by his calumniators. They moreover received into communion Arsenius, who was reported to have been murdered; and he who had formerly been a bishop of the Melitian heresy subscribed to the deposition of Athanasius as bishop of the city of Hypselopolis. Thus by an extraordinary course of circumstances, the alleged victim of assassination by Athanasius, was found alive to assist in deposing him.
Chapter XXXIII.--The Members of the Synod proceed from Tyre to Jerusalem, and having celebrated the Dedication of the New Jerusalem,' receive Arius and his Followers into Communion.
Letters in the meantime were brought from the emperor directing those who composed the Synod to hasten to the New Jerusalem: [249] having therefore immediately left Tyre, they set forward with all despatch to Jerusalem, where, after celebrating a festival in connection with the consecration of the place, they readmitted Arius [250] and his adherents into communion, in obedience, as they said, to the wishes of the emperor, who had signified in his communication to them, that he was fully satisfied respecting the faith of Arius and Euzoïus. They moreover wrote to the church at Alexandria, [251] stating that all envy being now banished, the affairs of the church were established in peace: and that since Arius had by his recantation acknowledged the truth, it was but just that, being thenceforth a member of the church, he should also be henceforth received by them, alluding to the banishment of Athanasius [in their statement that all envy was now banished']. At the same time they sent information of what had been done to the emperor, in terms nearly to the same effect. But whilst the bishops were engaged in these transactions, other letters came unexpectedly from the emperor, intimating that Athanasius had fled to him for protection; and that it was necessary for them on his account to come to Constantinople. This unanticipated communication from the emperor was as follows.
[249] See above, ch. 17.
[250] Arius, the originator of the Arian heresy, died before the council at Jerusalem; hence Valesius infers that this Arius must be another man of the same name mentioned in the encyclical of Alexander of Alexandria as a partisan of the arch-heretic. Cf. ch. 6.
[251] This letter is contained in Athanasius' de Synod, 21, and a portion of it in Apol. contra Arian, 84.