When, therefore, St. Athanasius, together with Paul of Constantinople, Marcellus of Ancyra, and Asclepas of Gaza, sought the protection of Pope Julius, the latter had their cause examined in a council held at Rome in 343, at which a great number of eastern bishops were present. Whereupon the pope declared the accused bishops innocent, restored them to their sees, and severely censured those who had concurred in the sentence of deposition against Athanasius and the other bishops. Let it be understood that the Arian bishops, too, on their part, had appealed to the same pope. The action taken by the Pontiff Julius in this grave affair is designated by the historian Socrates[85] as a "prerogative of the Roman Church." In like manner, Pelagius appealed to Pope Innocent I.; Nestorius, to Pope Celestine, to whom St. Cyril of Alexandria had already reported.

Cælestius, a disciple of Pelagius, already condemned by the Synod of Carthage, invoked the arbitration of Pope Zosimus;[86] Eutyches, having been excluded from the communion of the church by Flavian, Patriarch of Constantinople, appeals to Pope St. Leo, who in his turn calls upon Flavian to give an account, which the latter does without delay. The correspondence between Leo and Flavian on this point shows the falsehood of Janus's assertion, that the "fathers had given the see of Rome the privilege of final decision in appeals," (p. 66,) and that the "bishops of Rome could exclude neither individuals nor churches from the communion of the church universal." Who does not know the remarkable words of St. Augustine, when Pelagius had been condemned by the synods of Milevis and Carthage in 416, and still persisted to hold communion with the church? Pope Innocent ratified the decrees of the synods, and the illustrious champion against Pelagianism exclaims,

"Two councils have already been sent to the apostolic see; thence answer has been received; the case is terminated; may the error too be ended."[87]

Vain, too, is the attempt of our authors to give dark colors to the transactions between the fathers of the Council of Chalcedon and Pope St. Leo I. (P. 67.) Let us see what the fathers of this council say to the pope, when they request him to sanction that famous twenty-eighth canon, which the legates of Leo had refused to sanction. They say, "Knowing that your holiness hearing (what has been decreed) will approve and confirm this synod and close their petition thus,

"We therefore pray that by thy decrees thou wilt honor our judgment, and we having in all things meet manifested our accordance with the head, so also may thy highness fulfil what is just. (ουτω καὶ ἣ κορυφἣ τοις παισὶν ἀναπληρὡσαι τὸ πρἑπον.)"[88]

Leo I. did not sanction this twenty-eighth canon, for the very reason that it implied, though in equivocal terms, that Rome obtained the primacy on account of its political dignity.

Nor is it true that the fathers by this canon claimed "equal rights" for the see of Constantinople; but merely patriarchal rights and exemption from subordination to Alexandria and Antioch, as the sixth Nicene canon had ordained. Pope Leo I. in his letter[89] to the Emperor Marcian affirmed that Constantinople was indeed an "imperial," but no "apostolic city." Compare this with the words of Janus, "But when Leo had to deal with Byzantium and the east, he no longer dared to plead this argument." Anatolius, Patriarch of Constantinople at that period, previous to the Council of Chalcedon was obliged to hold a synod in the presence of the papal legates, in which Leo's letter to Flavian was read and signed, and Eutyches sentenced and deposed. Even at the Council of Ephesus, in 431, St. Cyril presided as plenipotentiary of Pope Celestine, who, upon a report sent him by St. Cyril, had condemned the Nestorian errors in a synod held at Rome in 430, and summoned Nestorius to retract within ten days under pain of excommunication. How trivial, then, and calculated to confuse the reader, must this remark of Janus seem, "At the two councils of Ephesus others presided." It is a well-known fact that the papal legates at the Council of Chalcedon declared that it was a high misdemeanor of the second assembly of Ephesus, in 449, and a crime in Dioscorus of Alexandria, that it was presumed to hold a general council without the authority of the apostolic see; and Dioscorus was accordingly deposed.

The Council of Chalcedon was not convoked before Pulcheria and Marcian had requested and obtained the consent of Pope Leo I., and at its termination the fathers said in their letter to the pope that he had presided over them by his legates as the "head over the members;" and that the emperor had been present for the maintenance of decorum.

Why, then, allege such examples as the despotic actions of Constantius, against whom such great and distinguished bishops as St. Athanasius, St. Hilary of Poitiers, and Lucifer, raised their pastoral voice, when this same emperor so harassed the bishops at Rimini and Seleucia in 359, aided by the cunning of Ursacius and Valens, that they subscribed to an ambiguous but not heretical formulary. Wherefore, St. Jerome exclaims, "Ingemuit totus orbis et Arianum se esse miratus est." The purpose of Janus in placing these assemblies among other councils universally regarded as œcumenical, appears, to say the least, suspicious! (P. 354, and Translator's Notice.)

We might yet quote many examples to exhibit what must be styled gross misrepresentation and falsification of history on the part of Janus, when he thus plainly states that the popes were never consulted when councils were convoked, nor allowed to preside, personally or by deputy—and "it is clear that the popes did not claim this as their exclusive right," (p. 63.) If any thing were wanting to corroborate our argument, we need but allude to the declaration of the Patriarch Mennas of Constantinople, and many other eastern bishops. When the Emperor Justinian would continue the council which was convoked with the express consent of Pope Vigilius, who withdrew his permission after the emperor issued an edict on the three articles, (tria capitula,) the pope fled to Chalcedon, whence he directed a letter to the whole church,[90] giving an account of the deplorable state of things, adding that he had deposed the haughty bishop, Theodorus of Cæsarea, and suspended Mennas of Constantinople, with the bishops who took his part. The declaration made by Mennas and other bishops, professing their entire submission, affords a most striking example of the supreme authority of the apostolic see in the midst of such turmoil and religious disputes, the pope being an exile and the bishops enjoying the protection of the emperor; and hence not a vestige of coercion in their unqualified declaration, which we may be pardoned for subjoining here. It is as follows,