But, indeed, such a Canon as this being passed in the most numerous Ecumenical Synod, in spite of the opposition of the Pope's Legates, speaks for itself. I am well aware that St. Leo refused to receive it, that, "by the authority of the blessed Peter, he annulled it by a general declaration, as contrary to the holy Canons of Nicea."[[106]] Accordingly it was not received in the West; but it nevertheless always prevailed in the East, and the Popes ultimately conceded the point it enacted. And[[107]] from the hour it was enacted to this, it has remained the law of the Eastern Church; and the Patriarchal power, which in the Western Church has developed into the Papal, has remained attached to the throne of Constantinople in the other great division of Christ's kingdom.
The ninth Canon of Chalcedon also says:—"If a Clergyman has any matter against his own Bishop or another, let him plead his cause before the Council of the province. But if either a Bishop or Clergyman have a controversy against the Metropolitan of the same province, let him have recourse either to the Exarch of the Diocese, or to the throne of the imperial city of Constantinople, and plead his cause before it." I remark this, because it is a far greater power of hearing appeals granted to the Bishop of Constantinople, than was granted to the Bishop of Rome a hundred years before at the Council of Sardica.
Now, let us be fair and even-handed. If the great influence and authority exercised at the Council of Chalcedon by St. Leo is to be acknowledged as witnessing the Roman Primacy, let us also grant, that unless the Acts and the Canons of the first four Ecumenical Councils are to be swept away as waste paper before the omnipotence of Papal prerogative, then the ancient decrees of Nicea, Constantinople, Ephesus, and Chalcedon, offer an insurmountable barrier to the present claims of Rome. But concerning the Canons of Nicea, St. Leo, at least, says:—"I hold all ecclesiastical rules to be dissolved, if any part of that sacrosanct constitution of the Fathers be violated."[[108]] St. Gregory repeats:—"I receive the four Councils of the holy universal Church as the four books of the Holy Gospel."[[109]] Mr. Newman says, "that the definition passed at Chalcedon is the Apostolic Truth once delivered to the Saints, is most firmly to be received from faith in that overruling Providence, which is by special promise extended over the Acts of the Church."[[110]] Does it not equally follow that the Church government recognised as immemorial, and enforced at Nicea, Constantinople, Ephesus, and Chalcedon, and the doctrine which is involved therein, are likewise to be maintained, and that none who appeal to them with truth, as practised by themselves, whatever else they may fall into, can be guilty of schism?
The hundred and thirty years between the death of St. Leo and the accession of St. Gregory, were years of trouble, confusion, and disaster: "the stars fell from heaven, and the powers of the heavens were shaken." The Western empire was overthrown; barbarians and heretics obtained the mastery in Italy, and generally in the West; there was but one fixed and central authority to which the eyes of churchmen could turn with hope and confidence in the whole West, that of the Roman Pontiff.
I select the following points as bearing on our subject:—
In the year 536 we have one of those rare instances in which the Primacy of Rome is seen acting on the Eastern Church, but in perfect accordance with the Canons and the Patriarchal system. The Pope Agapetus had been compelled by Theodatus, king of the Goths, to proceed to Constantinople, in order that he might, if possible, prevail upon Justinian not to attempt the recovery of Italy. Not having wherewith to pay the expenses of his journey, he had been compelled to borrow money on the sacred vessels of St. Peter's Church. On arriving at Constantinople he refused to see the new Patriarch Anthimus, or to receive him to his communion, both because he was suspected of heresy, and had been translated from the See of Trebisond. Anthimus refused to appear in the Council that the Pope held at Constantinople to judge him; so he was deposed, and returned his pallium to the Emperor. Mennas was elected in his stead by the Emperor, with the approbation of all the Clergy and the people, and the Pope consecrated him in the church of St. Mary. "Pope Agapetus wrote a synodal letter to Peter, Patriarch of Jerusalem, to acquaint him with what he had done in this Council. 'When we arrived,' said he, 'at the court of the Emperor, we found the See of Constantinople usurped, contrary to the Canons, by Anthimus Bishop of Trebisond. He even refused to quit the error of Eutyches. Therefore, after having waited for his repentance, we declare him unworthy of the name of Catholic and Bishop, until he fully receive the doctrine of the Fathers. You ought likewise to reject the rest whom the Holy See has condemned. We are astonished that you approved this injury done to the See of Constantinople, instead of informing us of it; and we have repaired it by the ordination of Mennas, who is the first of the Eastern Church ordained by the hands of our See.'"[[111]] I find this Pope presently called by the Easterns, 'Father of fathers,' 'Archbishop of ancient Rome,' 'Ecumenical Patriarch.' This latter title is also given to Mennas. I shall have more to say about it hereafter; but it is remarkable that it was first given, so far as we have any record, to Dioscorus,[[112]] by a Bishop in some complaint made to him at the Latrocinium of Ephesus; but Justinian gives to the Patriarch of Constantinople the title, "to the most holy and blessed Archbishop of this royal city, and Ecumenical Patriarch."[[113]]
The Pope shortly after dies at Constantinople, and a Council is held, at which the Patriarch Mennas presides, the Bishops who had accompanied the defunct Pope taking rank after him. He writes to the Patriarch Peter of Jerusalem, and informs him of the acts of this Council. Peter assembles his Council at Jerusalem: the procedure which took place at Constantinople was there found canonical, and the deposition of Anthimus was confirmed. Here the same facts which prove the Pope's Primacy refute his Supremacy: and this is not an isolated incident, but one link in a vast and uninterrupted chain of evidence.
I find in the laws of the Emperor Justinian just at the same time, looking at them merely as facts, a full confirmation and recognition of the Episcopal and Patriarchal constitution of the Church. In 538, the Emperor, in an edict, addressing the Patriarch Mennas, says, "Wherefore we exhort you to assemble all the Bishops who are in this imperial city ... and oblige them all to anathematize by writing the impious Origen ... that your Blessedness send copies of what you do on this subject to all the other Bishops, and to all the superiors of monasteries.... We have written as much to Pope Vigilius and the other Patriarchs".... "The Patriarch Mennas, and the Bishops who were at Constantinople, subscribed to this: it was then sent to Pope Vigilius, to Zoilus, Patriarch of Alexandria, to Ephrem of Antioch, and to Peter of Jerusalem, who all subscribed to it".... "There are three great laws of the year 511, of which the first regulates ordinations:" those of the Bishops were still in the hands of the several clergy, laity, and Metropolitans.... "The second law of the 18th March enacts, that the four General Councils shall have the force of law, that the Pope of Rome is the first of all the Bishops, and after him the Bishop of Constantinople."—"Bishops cannot be called to appear against their will before secular judges for any cause whatsoever. If Bishops of the same province have a difference together, they shall be judged by the Metropolitan, accompanied by the other Bishops of the province, and may appeal to the Patriarch, but not beyond. Likewise if an individual, clerk or lay, has a matter against his Bishop. The Metropolitan can only be tried before the Patriarch."—"Simony is forbidden ... still it is allowed to give for consecrations, according to ancient customs, in the following proportion. The Pope and the four Patriarchs of Constantinople, Alexandria, Antioch and Jerusalem, may give to the Bishops and the Clergy according to custom, provided that it exceed not twenty pounds of gold. The Metropolitans and the other Bishops may give a hundred gold solidi for their enthronement," &c.[[114]]
So, again: "Therefore let the most holy Patriarchs of each Diocese propose these things to the most holy Churches under them, and make known to the Metropolitans, most beloved of God, what we have ratified. Let these again set it forth in the most holy Metropolitan Church, and notify it to the Bishops under them. But let each of these propose it in his own Church, that no one in our commonwealth be ignorant of it."[[115]]
"We charge the most blessed Archbishops and Patriarchs, that is, of elder Rome, and Constantinople, and Alexandria, and Theopolis and Jerusalem."[[116]]