He was scarce warm in the Chair, when he received a Letter from St. Austin on the following Occasion. As the small Town, or rather Village of Fussala, belonging to the Bishoprick of Hippo, the See of St. Austin, stood at a great Distance from that City, the good Bishop thought he could not better consult the spiritual Welfare of the Inhabitants, who had but very lately abandoned the Party of the Donatists, than by causing their Town to be erected into a separate Bishoprick, and letting them have a Bishop of their own. This was indeed abridging both his own Jurisdiction and Revenues; but as he had the Good of the People more at Heart than either, he pursued his Scheme with Success, and prevailed upon his Collegues in Numidia to ordain a young Man named Antony, whom he had brought up from his Infancy, the first Bishop of the Place, though at that time only a Reader. This Promotion, per saltum, as it is styled, was strictly forbidden by the Popes in their Decretals; but to their Orders St. Austin paid no greater Regard than the other Bishops did, though he always spoke of them, and to them, with all the Respect that was due to the first Bishop in the West.|Antony’s scandalous Behaviour.| St. Austin had soon Occasion to repent his transgressing those Regulations, which, it must be owned, are in themselves very wise: for Antony, who was but a Youth, and had been kept by St. Austin under great Restraint, no sooner found himself free from all Controul, than abandoning himself intirely to the Indulgence of his youthful Passions, he thereby scandalized the new Catholics to such a Degree, that they let St. Austin know the Conduct of their Bishop, unless he was quickly removed, would certainly drive them to the last Extremity; meaning, perhaps, that they should be forced either to put him to Death, or to join anew the Donatists, whom they had but lately forsaken. Such Menaces alarmed St. Austin no less than the Conduct of his favourite Disciple surprised him. A Council was immediately summoned at his Request by the Primate of Numidia; Antony was ordered to attend it, and the Inhabitants of Fussala invited to lay their Complaints before the Assembly. The Summons was complied with by all, and Antony, by a great Number of Witnesses, convicted of Rapine, Violence, and Extortion. But, because some capital Crimes laid to his Charge were not sufficiently proved, the Fathers of the Council, out of an unseasonable Compassion, contented themselves with only condemning him to restore to the Inhabitants of Fussala what he had with Violence taken from them. |He is deprived of the Administration, and all Jurisdiction, by a Council.| They were even inclined to leave him in the quiet Possession of his Church; but that being warmly opposed by the People, they deprived him of the Administration, and of all Jurisdiction; but as he still retained the Episcopal Dignity, they did not chuse to remove him to another City to live there even as a private Person, lest they should be thought to transgress the Rules of the Fathers forbidding Translations[[1589]]. None could think so who were the least acquainted with those Rules.

He appeals to Rome.

Antony satisfied, pursuant to his Sentence, the Inhabitants of Fussala, whom he had wronged. But pretending that he had been unjustly deprived of his Bishoprick, he resolved to appeal to Rome. He was sensible that his appealing at this Juncture, when the Point of Appeals was warmly disputed, as I shall relate hereafter, was Merit enough to recommend him to the Favour of that See. However, not trusting to that alone, as Boniface was still alive, he first engaged in his Favour his own Primate, the Primate of Numidia, who, having been excused on account of his great Age from assisting at the Council, was not well acquainted with what had passed there. |Prevails upon the Primate to write in his Behalf to Rome.| Him therefore he easily persuaded, that he had been very ill used by the Council: For had they thought me guilty, said he, of the Rapine and Extortions, that were laid to my Charge, they ought, and, without all doubt, would have deposed me: they have not deposed me; and therefore did not, as is manifest, think me guilty. If I did not deserve to be degraded from my Dignity, I did not deserve to be driven from my See. Thus he artfully turned the Mercy that had been shewn him against those who had shewn it; and, having by that means imposed upon the Primate, persuaded him to write a Letter in his Behalf to Boniface. |How received by Boniface.| With this Letter he repaired to Rome, but did not meet there with the Reception he expected: for all he could obtain of Boniface was a Letter to the Bishops of Numidia, requiring them to reinstate him in his See, provided he had represented Matters as they truly were. This conditional Request Antony, on his Return to Africa, improved, it seems, into an absolute Command: for he threatened the People of Fussala with a Visit from the Imperial Troops and Commissaries, if they did not receive him as their lawful Bishop, in Compliance with the Orders of the Apostolic See[[1590]]. |The People of Fussala write against him to Celestine.| In the mean time Boniface dying, and Celestine being chosen in his room, the People of Fussala apprehending, as St. Austin writes, greater Evils from a Catholic Bishop, after their Return to the Church, than they had done from a Catholic Emperor during their Separation, writ a most pathetic Letter to the new Pope, intreating him to pity their Condition, to curb Antony in his unchristian Attempts, and to redeem them, by his Authority, from the Calamities which they had Reason to apprehend from that Prelate’s Cruelty and Ambition. In the same Letter they imputed all their Misfortunes to Austin, who had set over them such a Bishop. |Are seconded by St. Austin.| And this Austin was so far from taking amiss, that he owned the Charge, and even backed their Request with a Letter of his own, conjuring Celestine, by the Memory of St. Peter, who abhorred all Violence and Tyranny, not to use either with the People of Fussala, who, he said, had but too much Reason not to submit tamely to the galling Yoke from which they had been so lately delivered. He adds, that if, in spite of all his Endeavours and Remonstrances, he should still have the Mortification to see the Church of Fussala plundered and tyrannically oppressed by one whom he had raised to that See, he should think himself obliged to atone for the Share which he had in his Crimes, by resigning his own[[1591]]. |Celestine acquiesces in the Sentence of the Council of Numidia.| Celestine was so affected with these Letters, that he immediately acquiesced in the Sentence of the Council of Numidia; and the new Bishoprick of Fussala being suppressed, that Town, with its District, was again subjected to the See of Hippo. From these Letters, that were written by the Africans on this Occasion, it appears, that the Bishops of Rome used, in those Days, to send some of their Ecclesiastics into Africa, to see the Sentences, which they had given, executed there; and that those Ecclesiastics came with Orders from the Court for the Civil Magistrates to assist them, where their Assistance should be required, or thought necessary.

An End put to the
Schism formed by
Eulalius.

The Schism formed by Eulalius was not, it seems, yet quite extinct in Rome in the Year 425. for I find a Law of that Year, dated the 17th of July, and addressed to Faustus Prefect of the City, commanding all Manichees, Heretics, Schismatics, and Sects of every Denomination, to be driven out of Rome; but more especially those, who, separating themselves from the Communion of the Venerable Pope, kept alive a dangerous Schism. Over these Faustus is injoined to keep a watchful Eye, to summon them to communicate with Celestine, and, if they did not comply with the Summons in Twenty Days, to banish them an Hundred Miles from Rome[[1592]]. This Law was issued by Placidia, who, upon the Death of her Brother Honorius, which happened in the Month of August 423. and that of the Usurper John, killed in 425, governed the Western Empire, as Guardian to her Son Valentinian III. The Law she issued, probably put an End to the Schism; for no further Mention is made of it by any Historian.

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. |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. |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. |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. |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. |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. |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. |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. |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]].

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]].