Part 50

It was in the Time of _Celestine_, and the following Year 426. the Fourth of his Pontificate, that the Bishops of _Africa_, quite tired out with the daily Encroachments of the Bishops of _Rome_, and not able to brook the despotic and arbitrary Power which they had begun to exercise over them, took the no less laudable than necessary Resolution of breaking their Chains before they were thoroughly riveted, and asserting their antient Liberty, by effectually removing what had endangered it, the pernicious Abuse of appealing to _Rome_. [Sidenote: Apiarius, _a Presbyter of_ Sicca, _appeals to_ Rome.] The Incident, which gave Occasion to that Resolution, was the Appeal of a Presbyter of _Sicca_, named _Apiarius_, who, being convicted of many Crimes, and thereupon degraded and excommunicated by his own Bishop _Urbanus_, appealed to _Zosimus_ then Bishop of _Rome_. [Sidenote: Zosimus _restores him to the Rank from which he had been degraded_.] _Zosimus_, who missed no Opportunity of acquiring new Power, or improving the Power which he had acquired, not only received the Appeal, but, without ever hearing the other Side, restored _Apiarius_ both to his Rank, and the Communion of the Church. This was the boldest Attempt that had yet been made upon the Rights and Liberties of the _African_ Churches; and therefore the Bishops in those Parts, all uniting in a Cause that was common to all, loudly complained of such an arbitrary Act, as an open Violation of the Canons of the Church, forbidding those, who had been excluded from the Communion by their own Bishop, to be admitted to it by any other[1593]. _Zosimus_, finding the _African_ Bishops had taken the Alarm, and were determined to restrain his Power within the Limits prescribed to it by the Canons, and, on the other hand, being well apprised, that he could allege no Canons, that had ever been received by them, to countenance the Power which he claimed, and had exercised, thought it would be no great Crime to recur to Fraud on so urgent an Occasion. [Sidenote: _To support his Pretensions, endeavours to impose upon the_ African _Bishops the Canons of_ Sardica _for the Canons of_ Nice.] Agreeably to this Scheme, he caused Two Canons to be transcribed from the Council of _Sardica_; the one allowing Presbyters and Deacons, when rashly excommunicated by their own Bishops, to appeal to the neighbouring Bishops; and the other, authorizing the Appeal of all Bishops to the Bishop of _Rome_. Had the _Africans_ received these Canons, he intended to have justified, by the former, his judging and absolving _Apiarius_, notwithstanding the Distance between _Rome_ and _Numidia_; and, in virtue of the latter, to get the Canon revoked, which the _African_ Bishops had lately made, forbidding, on Pain of Excommunication, Appeals _beyond Sea_; that is, to _Rome_. Nothing less than an intire Subjection of the _African_ Churches to the See of _Rome_ would satisfy the boundless Ambition of _Zosimus_; and such a Subjection would infallibly have ensued, had the Two above-mentioned Canons been received by the _African_ Bishops in the Sense which _Zosimus_ did, and seemed determined to make others, put upon them. But the main Point was, to persuade the Bishops of _Africa_ to admit such Canons, especially at so critical a Juncture. The Council of _Sardica_ had never been received there: nay, they were, it seems, at this very Time, utter Strangers both to that Council and its Canons; so that it was useless to quote them as such. Of this _Zosimus_ was aware; and therefore, as he stuck at nothing that stood in the way of his Ambition, he resolved, by one of the most impudent and barefaced Impostures recorded in History, to try whether he could not impose upon the Bishops of _Africa_ the Canons of _Sardica_ for the Canons of _Nice_. [Sidenote: _With this View he sends a Solemn Embassy into_ Africa.] With this knavish View, and to render the Imposture more solemn, and less suspected, he dispatched into _Africa_ Three Legates, _viz._ _Faustinus_ Bishop of _Potentia_ in _Picenum_, and Two _Roman_ Presbyters, _Philippus_ and _Asellus_. Their Instructions, contained in a Letter addressed to themselves, were, to require of the _African_ Bishops a strict Observance of the Two above-mentioned Canons of _Nice_; to complain of their repairing so often to Court; and to desire them not to communicate with _Urbanus_ of _Sicca_, who had deposed _Apiarius_, or even to send him to _Rome_, if he refused to correct what he had done amiss[1594]; that is, we may suppose, if he did not restore _Apiarius_ to his Rank, and the Communion of the Church.

With these Instructions the Legates set out for _Africa_, where they no sooner arrived, than a Council was convened, at which assisted, among the rest, _Alypius_ Bishop of _Tagaste_, St. _Austin_’s great Friend, and _Aurelius_ Bishop of _Carthage_. When the Legates first appeared before the Council, the Bishops desired them to lay their Instructions before the Assembly; which they were at first unwilling to do, contenting themselves with declaring their Commission by Word of Mouth. But the _Africans_ knowing whom they had to deal with, and thereupon pressing them to communicate their Instructions is Writing, they complied at last, and produced the Letter I have mentioned above, which was immediately registred. [Sidenote: _The Surprize of the_ African _Bishops on this Occasion_.] When it was publicly read, it is impossible to conceive the Surprize and Astonishment that appeared in the whole Assembly. They had never heard of those Canons; and to find them thus confidently ascribed to the Council of _Nice_, was what appeared to them strange beyond Expression. Warm Disputes arose, of which, however, we know no Particulars. Several different _Greek_ Copies, several _Latin_ Copies, were sent for, and carefully examined and compared; but no such Canons could be found there. However, as the Legates continued to maintain, with an unparalleled Impudence, the disputed Canons of _Nice_, the Council agreed to observe them, till they had, by a more diligent Inquiry, discovered the Truth[1595].

They continued their Sessions; but as they were few in Number, as the Point in Dispute was of the utmost Consequence, and nearly affected all the Bishops of _Africa_, they thought it should be communicated to all; and that, without the Concurrence of all, no Resolution should be taken. [Sidenote: _A General Council assembled at_ Carthage.] A General Council was accordingly assembled at _Carthage_, consisting of Two hundred and Seventeen Bishops, from the different Provinces of _Africa_. They met, for the first time, on the 25th of _May_ 419. _Faustinus_ being placed next after _Aurelius_ of _Carthage_, and _Valentine_ Primate of _Numidia_, and the Two Presbyters _Philippus_ and _Asellus_ after the other Bishops. Being all seated, _Aurelius_ moved, that the Canons of _Nice_ might be read, from the Copies which they had of that Council in _Africa_. [Sidenote: _The Conduct of_ Faustinus, _the Pope’s Legate, on this Occasion_.] But this was warmly opposed by _Faustinus_, insisting upon their reading, in the first place, his Instructions, and coming to some Resolution concerning the Observance of the Canons of _Nice_, which he was charged by the Apostolic See to require of them. _It matters not_, said he, _whether or no those Canons are to be found in your Copies, or, indeed, in any other. You must know, that the Canons and Ordinances of_ Nice, _which have been handed down to us by Tradition, and established by Custom, are no less binding than those that have been conveyed to us in Writing_. To this Speech the Bishops returned no Answer; without doubt, because they thought it deserved none. However, at his Request, his Instructions were read, and warm Debates ensued. [Sidenote: _The Resolution taken by the Council._] _Alypius_ was of Opinion, that since the disputed Canons were not to be found in any of their Copies, Messengers and Letters should be immediately dispatched to the Bishops of _Constantinople_, _Alexandria_, and _Antioch_, for authentic Copies of the Acts and Canons of _Nice_. This Proposal _Faustinus_ highly resented, as an Outrage offered to the Apostolic See, which, he said, was thereby arraigned of Fraud and Forgery. He therefore advised them to write to _Boniface_, who, by this time, had succeeded _Zosimus_, and, leaving to him the Care of examining the Authority of those Canons, submit the Whole to his Judgment, to his known Prudence and Discretion. He added, that by acting otherwise they might give Occasion to great Divisions and Disturbances in the Church. _Aurelius_, not to exasperate the Legate, whom he found to be a Man of a haughty, imperious, and intractable Temper, made no other Reply, but _that they would write to_ Boniface. St. _Austin_ promised to observe those Canons so long as it could be reasonably supposed that they were the Canons of _Nice_. The other Bishops made the same Promise; which was confirming the Resolution the Council had taken the Year before. Here the Legate exaggerated anew the Affront they offered to the _Roman_ Church; adding, that the only Reparation they could make, for questioning the Authenticity of Canons proposed by her, was to leave the deciding of that Point to her, and acquiesce in her Judgment. But the Warmth, the Earnestness, the Passion which he betrayed in his Speech, and in his whole Conduct, served only to heighten the Jealousy, and confirm the Suspicions, of the _African_ Bishops. It was therefore universally agreed, in spite of the Remonstrances, Intreaties, and Menaces of the Legate, that _Aurelius_ should write to the Bishops of _Constantinople_, _Alexandria_, and _Antioch_, for authentic Copies of the Canons of _Nice_: that if the Canons, quoted by _Faustinus_, were found in those Copies, they should be punctually observed; if not, that a new Council should be convened, and such Resolutions taken, as the Fathers, who composed it, should think proper[1596].

[Sidenote: _The Affair of_ Apiarius, _how settled by the Council._]

Matters being thus settled, with respect to the pretended Canons of _Nice_, concerning Appeals, the Council took next into Consideration the Case of _Apiarius_ which had given Occasion to the present Dispute between _Rome_ and _Africa_; and it was agreed, that _Apiarius_ should make the due Submission to his Bishop, and there upon be re-admitted to his Communion, and restored to his Rank. However, as he had given great Offence to the People of _Sicca_, by his scandalous Life, he was ordered, by the Council, to quit that City; but, at the same time, allowed to exercise the Functions of his Office in any other Place[1597]. This Medium the Council wisely chose between the Two opposite Sentences; that of _Urbanus_ excommunicating and deposing him, and that of _Zosimus_ restoring him to the Communion and the Priesthood. Such was the Issue of the Appeal of _Apiarius_: and I leave the Reader to judge, whether _Baronius_ should boast of it as he does. And now nothing remained, but to acquaint _Boniface_ with the Acts and Resolutions of the Council; and this was done accordingly by a Letter, which they all signed, and delivered to the Legates. In that Letter they begged _Boniface_ to procure, from the East, authentic Copies of the Canons of _Nice_, promising to observe the Canons in Dispute, till such Copies were procured; but this upon Condition, that if those Canons were not found to be genuine, they should recover their antient Privileges, and not be forced to _submit to a Yoke, which Ambition alone could impose_[1598].

[Sidenote: _The_ African _Bishops write into the East for authentic Copies of the Council of_ Nice.]

With this Letter the Three Legates set out from _Africa_, on their Return to _Rome_. Upon their Departure, the _African_ Bishops writ, agreeably to the Resolution they had taken, to _Atticus_ of _Constantinople_, and _Cyril_ of _Alexandria_, begging they would cause to be transcribed, and sent into _Africa_, the most authentic Copies they had of the Canons of _Nice_. With this Request the Two Bishops readily complied; and the same Year 419. the Messengers sent to _Alexandria_ and _Constantinople_ returned with the wished-for Copies, and very friendly and obliging Answers, which are still extant[1599], from _Cyril_ and _Atticus_, addressed _to_ Aurelius, _to_ Valentine, _and to all the Bishops of_ Africa _assembled at_ Carthage. As for the Bisop of _Antioch_, the _Africans_ probably did not write to him; at least, they had no Answer from him[N69]. [Sidenote: _The pretended Canons not found in those Copies, and the Dispute dropt by_ Boniface.] They immediately compared the Two Copies, sent them from the East, with their own, especially with that which _Cæcilianus_ of _Carthage_ had brought with him from _Nice_, where he had assisted at the Council; and found them agree in every Particular, without any Trace of the Canons that _Zosimus_ had produced: upon which they dispatched the same Ecclesiastics with them to _Rome_, whom they had sent into the East. _Boniface_, who was an Enemy to all Fraud and Imposition, acquiesced; the Dispute was dropped; so that the Canon, which the _African_ Bishops had lately made, forbidding Appeals to _Rome_, and _Zosimus_ had thus fraudulently attempted to defeat, remained in its full Vigour; and the Churches of _Africa_ were suffered quietly to enjoy their antient Rights and Privileges, so long as _Boniface_ lived. But in the Pontificate of his Successor _Celestine_, the Storm broke out anew.

Footnote N69:

It is very observable, that the _Alexandrian_ Copy was originally sent from _Rome_ by _Marcus_ Bishop of that City, upon a Complaint made by the _Egyptian_ Bishops, that the _Arians_ had burnt all the Copies of the Council of _Nice_ that were then found in _Alexandria_.

[Sidenote: _The Power of receiving Appeals claimed by the Popes only as granted by the Canons._]

It may not be improper here to observe, that _Zosimus_, though wholly bent on exalting his See, and straining every Prerogative to the highest Pitch, yet did not presume to exalt it above the Canons; did not claim the disputed Power of receiving Appeals, of judging, deciding, _&c._ independently of the Canons. And was not this owning himself, but for the Canons, to be upon the Level with the other Bishops his Collegues; at least in respect to this Point? Is not the scandalous Method, which he took on this Occasion to extend his own Power, and curtail that of the _African_ Bishops, a Demonstration of his deriving his Claim from the Canons alone? Could there ever offer a better Opportunity, could there ever occur a more urgent Necessity, of asserting a _Divine Right_? As _Zosimus_ therefore never asserted, nor even mentioned, such a Right, we may well conclude, that he either had no Notion of it, or did not think it sufficiently grounded to be of any Use in the present Dispute. And yet this _Divine Right_ of receiving Appeals from all Parts of the World, of constituting, confirming, judging, censuring, suspending, deposing, removing, restoring Bishops, and all other Ecclesiastics, is now held, as an Article of Faith, by all true _Roman_ Catholics; insomuch that to dispute such an Article, would be no less dangerous, in Countries where the Inquisition prevails, than to dispute any Article of the _Apostolic_ or _Nicene_ Creed. It is true, _Innocent_ the First, as the Advocates for the See of _Rome_ observe, had claimed, by _Divine Right_, the Power of finally deciding all Controversies. But he himself seems to have been sensible, that he had gone too far, For what else could have induced him to restrain that Claim, as soon as he had set it up, to _Matters of Faith alone_[1600]? Had _Zosimus_ thought the general Claim capable of being maintained, he need not have recurred, as he did, to Fraud and Imposture. The Pretensions of _Innocent_, in their utmost Extent, were indeed renewed, in Process of Time, by his Successors; but not till the intolerable Abuse, which they made of the Power granted them by the Canons of _Sardica_, on which they founded all their Usurpations, obliged other Councils to revoke those Canons; and then it was, that, no other Means being left of maintaining their ill-gotten Power, they revived the Claim of _Innocent_, and, challenging no longer by the Canons, but by _Divine Right_, the Prerogative of receiving Appeals, they put it out of the Power of all future Councils to abridge or restrain it.

[Sidenote: _Whether_ Zosimus _ignorantly mistook the Canons of_ Sardica _for those of_ Nice.]

The Three Cardinals _Baronius_, _Bellarmine_, and _Noris_, thinking the Imputation of Ignorance less injurious to the Memory of _Zosimus_, less derogatory to the Dignity of the Apostolic See, than that of Fraud and Imposture, suppose him to have ignorantly mistaken the Canons of _Sardica_ for the Canons of _Nice_; which is supposing, that in the whole Archives of the _Roman_ Church there was not a single genuine Copy of the Council of _Nice_, or that _Zosimus_ had never perused it; and to suppose either is highly absurd. Besides, the whole Conduct of the Legate, the Pains he took to divert the _African_ Bishops from consulting other Copies, and, when he could not prevail, his recurring to _unwritten_ Canons; and, as that too proved ineffectual, his striving by all possible means to persuade the _Africans_ to leave to the Pope the Care of examining other Copies, and to acquiesce, without any further Inquiry, in what should thereupon be determined by him; plainly shews, that the Legate was privy to the Fraud, and apprehended a Detection.

[Sidenote: Apiarius _excommunicated anew. He appeals again to_ Rome, _and is restored by_ Celestine, _and sent back attended by the Legate_ Faustinus.]