A Source Book for Ancient Church History

by Joseph Cullen Ayer

The Council of Sardica was intended to be composed of representatives from the entire Empire who might be able to settle once and for all the Arian question. It met at Sardica on the boundary between the two divisions of the Empire as they were then defined. The Eastern ecclesiastics, strongly Arian, found themselves outnumbered by the Western bishops who supported Athanasius and the Nicene definition of faith. The Eastern representatives withdrew to Philippopolis near by, and held their own council. The following canons were intended to provide a system of appeal for cases like that of Athanasius, and although they do not seem to have been acted upon enough to have become a part of the Church's system, yet they were of great importance inasmuch as subsequently they were used as late as the ninth century for a support to a wholly different system of appeals. These canons were very early attributed to the Council of Nicæa A. D. 325.

Canon 3. Bishop Hosius said: This, also, it is necessary to add—that bishops shall not pass from their own province to another province in which there are bishops, unless perchance they are invited by their brethren, that we seem not to close the door to charity. But if in any province a bishop have an action against his brother bishop, neither shall call [pg 365] in as judge a bishop from another province. But if judgment shall have gone against any bishop in a case, and he think that he has a good case, in order that the question may be heard, let us, if it be your pleasure, honor the memory of St. Peter the Apostle, and let those who have tried the case write to Julius, the bishop of Rome, and if he shall decide that the case should be retried, let it be retried, and let him appoint judges; but if he shall be satisfied that the case is such that what has been done should not be disturbed, what has been decreed shall be confirmed.

Is this the pleasure of all? The synod answered: It is our pleasure.

Canon 4. Bishop Gaudentius said: If it please you, it is necessary to add to this sentence, which full of sincere charity thou hast pronounced, that if any bishop has been deposed by the judgment of those bishops who happened to be in the vicinity, and he asserts that he has fresh matter in defence, a new bishop is not to be settled in his see, unless the bishop of Rome judge and render a decision as to this.

Latin Version of Canon 4. Bishop Gaudentius said: If it please you, there ought to be added to this sentence, which full of holiness thou hast pronounced, that if any bishop has been deposed by the judgment of those bishops who dwell in the vicinity, and he asserts that the business ought to be conducted by him in the city of Rome, another bishop should in nowise be ordained in his see after the appellation of him who appears to have been deposed, unless the cause shall have been determined by the judgment of the bishop of Rome.

Canon 5.[129] Bishop Hosius said: Let it be decreed that if a bishop shall have been accused and the assembled bishops of the same region shall have deposed him from his office, and he, so to speak, appeals and takes refuge with the bishop of the Roman Church and wishes to be heard by him, if he[130] think it right to renew the examination of his case, let him be [pg 366] pleased to write to those of fellow-bishops who are nearest the province that they may examine the particulars with care and accuracy and give their votes on the matter in accordance with the word of truth. And if any one demand that his case be heard yet again, and at his request it seems good to the bishop of Rome to send presbyters from his own side, let it be in the power of that bishop, according as he judges it to be good and decides it to be right, that some be sent to be judges with the bishops and invested with his authority by whom they were sent. And be this also ordained. But if he thinks that they [the bishops] are sufficient for the hearing and determining of the matter of the bishop, let him do what shall seem good in his most prudent judgment.

The bishops answered: What has been said is approved.

(d) Gratian and Valentinian, Rescript; A. D. 378. (MSG, 13:586.) Mirbt, nn. 118, f.

This rescript was sent in answer to a petition addressed to the emperors by a Roman council under Damasus. It is, therefore, found connected with an epistle in the works of Damasus. It does not seem to have been the foundation of any claim or to have played any considerable part in the development of the Roman primacy. It is of importance in the present connection as illustrating the part emperors took in the internal affairs of the Church. For Damasus and the disturbances in connection with his election, v. infra, [§ 74, a]. The rescript may be found in Mansi, III, 624; Hardouin, I, 842; and in Gieseler, I, 380.

6. If any one shall have been condemned by the judgment of Damasus, which he shall have delivered with the council of five or seven bishops, or by the judgment or council of those who are Catholics, and if he shall unlawfully attempt to retain his church,[131] in order that such a one, who has been called to the priestly judgment, shall not escape by his contumacy, it is our will that such a one be remitted by the illustrious prefects of Gaul and Italy, either by the proconsul or the vicars, use having been made of due authority, to the episcopal judgment, and shall come to the city of Rome under [pg 367] an escort; or if such insolence of any one shall appear in parts very far distant, the entire pleading of his case shall be brought to the examination of the metropolitan of the province in which the bishop is, or if he himself is the metropolitan, then of necessity he shall hasten without delay to Rome, or to those whom the Roman bishop shall assign as judges, so that whoever shall have been deposed shall be removed from the confines of the city in which they were priests. For we punish those who deserve punishment less severely than they deserve, and we take vengeance upon their sacrilegious stubbornness more gently than it merits. And if the unfairness or partiality of any metropolitan, bishop, or priest is suspected, it is allowed to appeal to the Roman bishop or to a council gathered of fifteen neighboring bishops, but so that after the examination of the case shall have been concluded what was settled shall not be begun over again.