The most blessed Pope Vigilius has sworn to the most pious lord Emperor in our presence, that is of me, Theodorus, bishop of Cæsarea, in Cappadocia [see DCB, Theodorus of Askidas], and of me, Cethegus, the patrician, by the sacred nails with which our Lord God Jesus Christ was crucified and by the four holy Gospels, as also by the sacred bridle,[205] so also by the four Gospels; that, being of one mind and will with your piety, we shall so will, attempt, and act, as far as we are able, so that the three chapters, that is, Theodore of Mopsuestia, the epistle attributed to Ibas, and the writings of Theodoret against the orthodox faith and his sayings against the twelve capitula of the holy Cyril, may be condemned and anathematized; and to do nothing, either by myself or by those whom we can trust, either of the clerical or lay order, in behalf of the chapters, against the will of your piety, or to speak or to give counsel secretly in behalf of those chapters. And if any one should say anything to me to the contrary, either concerning these chapters or concerning the faith, or against the State, I will make him known to your piety, without peril of death, and also what has been said to me, so that on account of my place you do not abandon my person; and you have promised, because I observe these things toward your piety, to protect my honor in all respects, and also to guard my person and reputation and to defend them with the help of God and to protect the privileges of my see. And you have also promised that this paper shall be shown to no one. I promise further that in the case of the three chapters, we shall treat in common as to what ought to be done, and whatsoever shall appear to us useful we will carry out with the help of God. This oath was given the fifteenth day of August, indiction XIII, the twenty-third year of the reign of our lord Justinian, the ninth year after the consulship of the illustrious Basil. I, Theodore, by the mercy of God bishop of Cæsarea, in Cappadocia, [pg 547] have subscribed hereunto as a witness to this oath; I, Flavius Cethegus, patrician, have subscribed hereunto as a witness to this oath.

(d) Vigilius, Constitutum, May 14, 553. (MSL, 69:67.)

The synod known as the Fifth General Council met May 5, 553, and proceeded to condemn the Three Chapters, as directed by the Emperor. Vigilius refused to attend, but consented to pronounce his judgment on the matter apart from the council. This he did in his Constitutum ad Imperatorem, May 14, 553. In it he condemns the teaching of Theodore of Mopsuestia, but opposes the condemnation of Theodore himself, inasmuch as he had died in the communion of the Church. He also opposes the condemnation of Theodoret and Ibas, because both were acquitted at Chalcedon. This Constitutum is to be distinguished from the Constitutum of 554 (MSL, 69:143, 147), in which, after the council had acceded to the proposals of the Emperor and condemned the Three Chapters and had excommunicated Vigilius by removing his name from the diptychs, the latter confirmed the decisions of the council and joined in the condemnation of the Three Chapters. For a discussion of the whole situation, see Hefele, §§ 272-276. The devious course followed by Vigilius has been the subject of much acrimonious debate. The facts of the case are now generally recognized. The conclusion of Cardinal Hergenröther, KG. I, 612, is the best that can be said for Vigilius: “In the question as to the faith, Vigilius was never wavering; but he was so, indeed, in the question as to whether the action was proper or opportune, whether it was advisable or necessary to condemn subsequently men whom the Council of Chalcedon had spared, to put forth a judgment which would be regarded by the Monophysites as a triumph of their cause, which was most obnoxious for the same reason, and its supposed dishonoring of the Council of Chalcedon, and was likely to create new divisions instead of healing the old.”

The portions of the Constitutum given below are the conclusions of Vigilius as to each of the Three Chapters. The whole is a lengthy document.

All these things have been diligently examined, and although our Fathers speak in different phrases yet are guided by one sentiment, that the persons of priests, who have died in the peace of the Church, should be preserved untouched; likewise the constitutions of the Apostolic See, which we have quoted above, uniformly define that it is lawful for no one to judge anew anything concerning the persons of the dead, [pg 548] but each is left in that condition in which the last day finds him; and especially concerning the name of Theodore of Mopsuestia, what our Fathers determined is clearly shown above. Him, therefore, we dare not condemn by our sentence, and we do not permit him to be condemned by any one else; the above-written chapters of dogmas, which are damned by us, or any sayings of any one without name affixed, not agreeing with, or consonant with, the evangelical and apostolic doctrine and the doctrines of the four synods, of Nicæa, of Constantinople, of the first of Ephesus, and of Chalcedon, we, however, do not suffer to be admitted to our thought or even to our ears.

But concerning the writings which are brought forward under the name of that venerable man, Theodoret, late bishop, we wonder, first, why it should be necessary or with what desire anything should be done to the disparagement of the name of that priest, who more than a hundred years ago, in the judgement of the sacred and venerable Council of Chalcedon, subscribed without any hesitation and consented with profound devotion to the Epistle of the most blessed Pope Leo.… The truth of these things having been considered, we determine and decree that nothing be done or proposed by any one in judgement upon him to the injury and defamation of a man most approved in the synod of Chalcedon, that is to say, Theodoret of Cyrus. But guarding in all respects the reverence of his person, whatsoever writings are brought forward under his name or under that of another evidently in accord with the errors of the wicked Nestorius and Eutyches we anathematize and condemn.

Then follow these five anathematisms, the test of which may be found in Hahn, § 228:

1. If any one does not confess that the Word was made flesh, and the inconvertibility of the divine nature having been preserved, and from the moment of conception in the womb of the virgin united according to subsistence [hypostatically] [pg 549] human nature to Himself, but as with a man already existing; so that, accordingly, the holy Virgin is not to be believed to be truly the bearer of God, but is called so only in word, let him be anathema.

2. If any one shall deny that a unity of natures according to subsistence [hypostatically] was made in Christ, but that God the Word dwelt in a man existing apart as one of the just, and does not confess the unity of natures according to subsistence, that God the Word with the assumed flesh remained and remains one subsistence or person, let him be anathema.

3. If any one so divides the evangelical, apostolic words in reference to the one Christ, that he introduces a division of the natures united in Him, let him be anathema.