(b) Vigilius, Judicatum. Mansi, IX, 181.
This important document was addressed to Menas of Constantinople and is dated April 11, 548. Unfortunately it exists only in detached fragments, which are given below, taken from the text as given by Hefele, § 259. The first is given in a letter of Justinian to the Fifth Council, an abridgment of which may be found in Hefele, § 267. Other fragments are from the Constitutum (see below), where they are quoted by Vigilius from his previous letter to Menas, which Hefele has identified with the Judicatum. In this opinion Krüger (art. “Vigilius” in PRE). and Bailey (art. “Vigilius” in DCB) and other scholars concur. The force of the first is that the writings condemned by the Three Chapters are heretical; of the others, that the credit of the Council of Chalcedon must be maintained. How the two positions were reconciled is not clear.
1. And because certain writings under the name of Theodore of Mopsuestia have been handed to us which contain many things contrary to the right faith, we, following the warnings of the Apostle Paul, who said: Prove all things, hold fast that which is good, therefore anathematize Theodore, who was bishop of Mopsuestia, with all his impious writings, and also those who defend him. We anathematize also the impious epistle which is said to have been written by Ibas to Maris the Persian, as contrary to the right faith, and also all who defend it and say that it is right. We anathematize also the writings of Theodoret which were written contrary to the right faith and against the capitula of Cyril.[204]
2. Since it is evident to us by sufficient reason, that whosoever attempts to do anything to the disparagement of the aforesaid council, will rather sin against himself.
3. If it had been shown conclusively by us to be contained in the acts [i.e., of the Council of Chalcedon], no one would have dared to be the author of so great a presumption or would have regarded as doubtful or undecided anything which was brought before that most holy judgment; since it is to be believed that those then present could have investigated things diligently even apart from writing, and have defined them positively, which appears to us after so [pg 545] much time and on account of unknown causes still unsettled; since also it is a part of reverence for the synods that in those things which are less understood one recognizes their authority.
4. All things being accepted and remaining perpetually established which were defined in the venerable councils at Nicæa, and Constantinople, in the first at Ephesus, and at Chalcedon, and confirmed by the authority of our predecessors; and all who in the said holy councils were deposed are without doubt condemned, and those are no less absolved whose absolution was decreed by the same synods.
5. Subjecting also him to the sentence of anathema who accepts as of any force whatsoever may be found against the said synod of Chalcedon, written in this present letter, or in anything in the present case whatever done by us or by any one; and let the holy synod of Chalcedon, of which the authority is great and unshaken, perpetual and reverenced, have the same force as that which the synods of Nicæa, Constantinople, and the first at Ephesus have.
6. We anathematize also whoever does not faithfully follow and equally venerate the holy synods of Nicæa. of Constantinople, the first of Ephesus, and the synod of Chalcedon as most holy synods, agreeing in the one and immaculate faith of the Apostles, and confirmed by the pontiffs of the Apostolic See, and whoever wishes to correct as badly said, or wishes to supply as imperfect, those things which were done in the same councils which we have mentioned.
(c) Vigilius, Oath to Justinian, August 15, A. D. 550. Mansi. IX, 363. (MSL, 69: 121.)
The Judicatum met with great opposition in the West. Vigilius, to still the clamor against it, withdrew it and proposed other measures in consultation with Justinian. In connection with this he bound himself with an oath to support Justinian in putting through the condemnation of the Three Chapters, and this oath Justinian produced later, when Vigilius had presented his Constitutum to him refusing to condemn the chapters. The Emperor thereupon suppressed the Constitutum.