"This is that examination of Leo's letter, synodically made at Chalcedon,

and placed among the acts; of which examination Leo himself thus writes to

Theodoret: 'What God had before set forth by our ministry, He hath

confirmed by the irreversible assent of the whole brotherhood, to show that

what was first put forth in form by the First See of all, and then received

by the judgment of the whole Christian world, really proceeded from Himself

(that in this too the members might agree with the Head.)'[90]

"He proceeds: 'For in order that the consent of other sees to that which

the Lord appointed to preside over all the rest should not appear flattery,

or any other adverse suspicion creep in, persons were found who doubted

concerning our judgment.... The truth, likewise, itself is both more

clearly conspicuous, and more strongly maintained, when after-examination

confirms what previous faith had taught.' Here he speaks distinctly of

examination, and that most free. 'In fine, the merit of the priestly office

shines forth very brightly, when the authority of the highest is preserved,

without the liberty of the lower seeming to be at all infringed. And the

end of the examination profits to the greater glory of God, when it has

confidence enough to exert itself so far as to prevail over the opposite

opinion. So that what is in itself proved to be heterodox may not seem

overcome, merely because it is passed over in silence,' Lastly, 'the letter

of the Apostolic See, confirmed by the assent of the whole holy

Council'[91] is proposed as a most certain and perfect rule of faith, not

again to be reconsidered. Here is what Leo considered to be irrevocable, or

rather not to be mended, which no one can be blamed for holding together

with the world and the Fathers of Chalcedon: the form is set forth by the

Apostolic See; yet it is to be examined, and that freely, and every Bishop,

the highest and the lowest, to pronounce judgment in a body concerning

decreeing it.

"They conceived no other way of removing all doubt; for after the

conclusion of the synod, the emperor thus proclaims: 'Let then all profane

contention cease, for he is indeed impious and sacrilegious, who, after the

sentence of so many priests, leaves any thing for his own opinion to

consider.' He then prohibits all discussion concerning religion; for, says

he, 'he does an injury to the judgment of the most religious Council, who

endeavours to open afresh, and publicly discuss what has been once judged,

and rightly ordered.'

"Here in the condemnation of Eutyches is the order of Ecclesiastical

judgments in questions of faith. He is judged by his proper Bishop Flavian:

the cause is reheard, reconsidered by the Pope St. Leo;" (let it be

remembered that Eutyches likewise appealed to Alexandria, Jerusalem, and

Thessalonica;) "it is decided by a declaration of the Apostolic See: after

that declaration follows the examination, inquiry, judgment of the Fathers

or Bishops, in a General Council: after the declaration has been approved

by the judgment of the Fathers no place is any longer left for doubt or

discussion.

"To the same effect Leo: 'For no longer is any refuge or excuse allowable

to any, on plea of ignorance, or difficulty of understanding, inasmuch as

for this very purpose the Council of about six hundred of our brethren and

fellow-Bishops met together hath permitted no skill in reasoning, no flow

of eloquence, to breathe against the faith built on a divine foundation.

Since, through the endeavours of our brethren and representatives, by the

help of God's grace, (their devotion in every procedure being most entire,)

it hath been fully and evidently made manifest, not only to the priests of

Christ, but to princes also, and Christian powers, and to all ranks of the

clergy and people, that this is the truly Apostolic and Catholic faith,

flowing from the fountain of Divine goodness, which we preach, and now with

the agreement of the whole world defend pure and clean from all pollution

of error.'[92]

"Thus at length supreme and infallible force is given to an Apostolic

decree, after that it is strengthened by universal inquiry, examination,

discussion, and thereupon consent and testimony."

[93]"We add a third point, important to our cause, respecting the

restitution of Theodoret to his see. After, then, by order of the Bishops,

he had openly anathematized Nestorius, 'the most illustrious magistrates

said, all doubt respecting Theodoret is now removed; for he hath both

anathematized Nestorius before you, and has been received by Leo, most holy

Archbishop of old Rome, and has willingly accepted the definition of faith

set forth by your piety, and moreover hath subscribed the epistle of the

aforesaid most holy Archbishop Leo. It is fitting, therefore, that sentence

be pronounced by your most acceptable holiness, that he may recover his

Church, as the most holy Archbishop Leo has judged.' All the most reverend

Bishops cried out, 'Theodoret is worthy of his See. Leo hath judged after

God.' So then the judgment put forth by Leo concerning his restoration to

his See would have profited Theodoret nothing, unless, after the matter had

been brought before the Council, he had both approved his faith to the

Council, and the judgment of Leo been confirmed by the same Council. This

was done in the presence of the Legates of the Apostolic See, who

afterwards pronounced that sentence on confirming Leo's judgment, which the

whole Synod approved."

Let any one of candour consider these Acts of the Council of Chalcedon, and

then say, which of these two views agrees with them, viz. that St. Leo was

first Bishop of the Church, looked up to with great reverence as the

special successor of St. Peter, and representative of the whole West; or

that he was beside this the only Vicar of Christ, the source and origin of

the Episcopate, from whom his brethren received their jurisdiction, which

is the Papal idea of the middle ages. For on the truth of this latter view

depends the charge, that the Church of England is in schism.

What follows may perhaps assist our solution of the question. At this very

Council of 630 Bishops, the largest ever held in ancient times, and where

the credit of the Roman Pontiff was so great, a very celebrated Canon was

enacted concerning the rank of the Bishop of Constantinople. The Pope's

legates attempted, by absenting themselves, to prevent its being enacted,

but that only led to its being confirmed the next day, in spite of their

opposition. The circumstances were as follows, and they seem to deserve our

most stedfast consideration, from their bearing upon the great subject we

are considering, the Papal Supremacy.

"On the same day, being the last of October, the fifteenth session was

held, at which neither the magistrates nor legates were present: for after

the formula of faith had been agreed to, and the private business brought

before the Council had been despatched, the Clergy of Constantinople asked

the legates to join them in discussing an affair concerning their Church.

This they refused, saying, that they had received no instructions about it.

They made the same proposal to the magistrates, and these referred the

matter to the Council. When the magistrates and legates therefore had

retired, the rest of the Council made a Canon respecting the prerogatives

of the Church of Constantinople."[94] To make the scope of this clear we

must observe, that the See of Constantinople had been now for at least

seventy years the chief See of the East: at the second Ecumenical Council,

held in 381, at Constantinople, it is declared in the third canon, that

"the Bishop of Constantinople shall have the primacy of honour after the

Bishop of Rome, because that Constantinople is New Rome." It seems that in

the interval that Bishop had not only taken precedence of Alexandria and

Antioch, and reduced under him the Exarchs of Pontus, Thrace, and Asia, but

that his authority was very great throughout all the East. Theodoret

says,[95] that St. Chrysostom governed twenty-eight provinces. Accordingly,

in its famous 28th Canon, the Council of Chalcedon only confirmed an

authority to the Bishop of Constantinople which he had long enjoyed and

often exceeded. It ran thus: "We, following in all things the decisions of

the holy Fathers, and acknowledging the Canon of the 150 most religious

Bishops which has just been read, do also determine and decree the same

things respecting the privileges of the most holy city of Constantinople,

New Rome. For the Fathers properly gave the primacy to the throne of the

elder Rome, because that was the imperial city. And the 150 most religious

Bishops, being moved with the same intention, gave equal privileges to the

most holy throne of New Rome, judging with reason, that the city which was

honoured with the sovereignty and senate, and which enjoyed equal

privileges with the elder royal Rome, should also be magnified like her in

Ecclesiastical matters, being the second after her. And (we also decree)

that the Metropolitans only of the Pontic, and Asian, and Thracian

Dioceses, and, moreover, the Bishops of the aforesaid Dioceses who are

amongst the Barbarians, shall be ordained by the above-mentioned most holy

throne of the most holy Church of Constantinople; each Metropolitan of the

aforesaid Dioceses ordaining the Bishops of the Province, as has been

declared by the divine Canons; but the Metropolitans themselves of the said

Dioceses shall, as has been said, be ordained by the Bishop of

Constantinople, the proper elections being made according to custom, and

reported to him."

"The Legates,[96] being informed of what had passed, demanded that the

Council should assemble again, and the magistrates be present. On the

morrow, therefore, being Thursday, the 1st November, the twelfth

sitting[97] was held. The magistrates were there with the Legates, and the

Bishops of Illyria, and all the rest. After they had taken their seats,

Paschasinus spoke, having asked permission of the magistrates, and said,

that he was astonished that so many things had been done the day before in

their absence, which were contrary to the Canons and the peace of the

Church, for which the Emperor was labouring with so much application and

zeal. He demanded the reading of what had passed the day before. And

Aetius, (Archdeacon of Constantinople,) having said that it was the Legates

themselves who had refused to be present at the deliberation, presented the

Canon which had been drawn up with the signatures of the Bishops. After the

signatures had been read, Lucentius said the Bishops had been surprised,

and compelled to sign. This is what St. Leo repeated often in the letter

which he wrote concerning this twenty-eighth Canon, accusing Anatolius of

having extorted the signatures of the Bishops, or of having surprised them

by his artifices. Nevertheless, upon the reproach of Lucentius, all the

Bishops cried out that no one had been forced. They protested again

afterwards, both all in common, and the principal by themselves, that they

had signed it of their full consent. Anatolius also maintains to St. Leo,

that the Bishops took this resolution of their own accord.

"The Legates continued to oppose the Canon, and showed that they had an

express order of the Pope to do so. They alleged that the Canon was

contrary to the Council of Nicea, of which they read the sixth Canon, with

the celebrated heading--'The Roman Church has always had the primacy,'

which is also found added in the ancient Roman code. The same Canon was

afterwards read as it is in the original Greek, and the Canon of the second

Ecumenical Council, to which the Legates answered nothing.

"The magistrates having next begged the Bishops who had not signed the day

before, to give their opinion, Eusebius, of Ancyra, represented with much

gentleness and modesty, that it was better for the Church that ordinations

should be made upon the spot by the Council of the province. Thalassius

then spoke a single word, but I know not his meaning."

Thereupon "the magistrates[98] said,--'It appears, from the depositions,

first of all, that the primacy and precedency of honour ([Greek: ta

proteia, kai ten exaireton timen]) should be preserved according to the

Canons for the Archbishop of Old Rome, but that the Archbishop of

Constantinople ought to enjoy the same privileges, ([Greek: ton auton

presbeion tes times],) and that he has a right to ordain the Metropolitans

of the Dioceses of Asia, Pontus, and Thrace, in the manner following. In

each metropolis, the clergy, the proprietors of lands, and the gentry, with

all the Bishops of the province, or the greater part of them, shall issue a

decree for the election of one whom they shall deem worthy of being made a

Bishop of the metropolis. They shall all make a report of it to the

Archbishop of Constantinople, and it shall be at his option either to

enjoin the Bishop elect to come thither for ordination, or to allow him to

be ordained in the province. As to the Bishops of particular cities, they

shall be ordained by all, or the greater part, of the comprovincial

Bishops, under the authority of the Metropolitan, according to the Canons,

the Archbishop of Constantinople taking no part in such ordination. These

are our views, let the Council state theirs.' The Bishops shouted, 'This is

a just proposal: we all say the same: we all assent to it, we pray you

dismiss us:' with other similar acclamations. Lucentius, the Legate,

said,--'The Apostolic See ought not to be degraded in our presence; we,

therefore, desire that yesterday's proceedings, which violate the Canons,

may be rescinded; otherwise let our opposition be inserted in the Acts,

that we may know what we are to report to the Pope, and that he may declare

his opinion of this contempt of his See, and subversion of the Canons.' The

magistrates said,--'The whole Council approves of what we said.' Such was

the last Session of the Council of Chalcedon."

The remarks of Tillemont on this Canon are significant, and worth

transcribing.[99] "It seems," he says, "to recognise no particular

authority in the Church of Rome, save what the Fathers had granted it, as

the seat of the empire. And it attributes in plain words as much to

Constantinople as to Rome, with the exception of the first place.

_Nevertheless I do not observe that the Popes took up a thing so injurious

to their dignity, and of so dangerous a consequence to the whole Church._

For what Lupus quotes of St. Leo's 78th (104th) letter, refers rather to

Alexandria and to Antioch, than to Rome. St. Leo is contented to destroy

the foundation on which they built the elevation of Constantinople,

maintaining that a thing so entirely ecclesiastical as the Episcopate ought

not to be regulated by the temporal dignity of cities, which, nevertheless,

has been almost always followed in the establishment of the metropolis,

according to the Council of Nicea.

"St. Leo also complains that the Council of Chalcedon broke the decrees of

the Council of Nicea, the practice of antiquity, and the rights of

Metropolitans. Certainly it was an odious innovation to see a Bishop made

the chief, not of one department, but of three; for which no example could

be found save in the authority which the Popes took over Illyricum, where,

however, they did not claim the power to ordain any Bishop."

Now I suppose any Roman Catholic would observe that this Canon is entirely

opposed to the present Papal theory: he would say that St. Leo and the West

for that very reason refused to receive it. The opposition, beyond all

question, is such, that it is quite impossible to reconcile them. Let any

one, then, read through the 104th letter of St. Leo to the Emperor

Mauricius, the 105th to the Empress Pulcheria, and the 106th to Anatolius

himself, and he will see that St. Leo bases his opposition to it throughout

on its being a violation of the Nicene Canons: there is not a word in all

the three letters about any violation of the rights of St. Peter. May we

not quote, alas! St. Leo's words, in these letters, to St. Leo's successor.

"He[100] loses his own, who lusts after what is not his due.... For the

privileges of the Churches, instituted by the Canons of the holy Fathers,

and fixed by the decrees of the venerable Nicene Synod, cannot be plucked

up by any wickedness, or changed by any innovation. In the faithful

execution of which work, by the help of Christ, I am bound to show

persevering service; since the dispensation has been entrusted to me, and

it tends to my guilt, if the rules of the Fathers' sanctions, which were

made in the Nicene Council for the government of the whole Church, by the

teaching of God's Spirit, be violated, which God forbid, by my connivance;

and if the desire of one brother be of more weight with me than the common

good of the whole house of the Lord." This to the Emperor. To the Empress,

thus:--"Since no one is allowed to attempt[101] anything against the

statutes of the Fathers' Canons, which many years ago were based on

spiritual decrees in the city of Nicea; so that if any one desires to

decree anything against them, he will rather lessen himself than injure

them. _And if these are kept uninjured, as it behoves, by all Pontiffs,

there will be tranquil peace and firm concord through all the Churches.

There will be no dissensions concerning the degree of honours; no contests

about ordinations; no doubts about privileges; no conflicts about the

usurpation of another's right; but under the equal law of charity, both

men's minds and duties will be kept in the due order_; and he will be truly

great, who shall be alien from all ambition, according to the Lord's words,

'Whosoever will be great among you, let him be your minister, &c.'" But to

Anatolius, thus:--"Those[102] holy and venerable Fathers, who in the Nicene

city established laws of ecclesiastical Canons, _which are to last to the

end of the world_, when the sacrilegious Arius with his impiety was

condemned, live both with us and in the whole world by their constitutions;

and if anything anywhere is presumed upon contrary to what they appointed,

it is without delay annulled, &c."

But _what_ the violation was he likewise states: it is not any wrong done

to his own see personally. He says to the Empress: "But[103] what doth the

prelate of the Church of Constantinople desire more than he hath obtained?

Or what will satisfy him, if the magnificence and glory of so great a city

satisfy him not? It is too proud and immoderate to go beyond one's own

limits, and, trampling on antiquity, to wish to seize on another's right.

And, in order to increase the dignity of one, to impugn the primacy of so

many Metropolitans; and to carry a new war of disturbance into quiet

provinces, settled long ago by the moderation of the holy Nicene Council,"

&c.

To Anatolius himself he says: "I grieve--that you attempt to infringe the

most sacred constitutions of the Nicene Canons; as if this were a

favourable opportunity presented to you, when the See of Alexandria may

lose the privilege of the second rank, and the Church of Antioch its

possession of the third dignity; so that when these places have been

brought under your jurisdiction, all Metropolitan Bishops may be deprived

of their proper honour."[104] "I oppose you, that with wiser purpose you

may refrain from throwing into confusion the whole Church. Let not the

rights of provincial Primacies be torn away, nor Metropolitan Bishops be

deprived of their privileges in force from old time. Let no part of that

dignity perish to the See of Alexandria, which it was thought worthy to

obtain through the holy Evangelist Mark, the disciple of blessed Peter;

nor, though Dioscorus falls through the obstinacy of his own impiety, let

the splendour of so great a Church be obscured by another's disgrace. Let

also the Church of Antioch, in which first, at the preaching of the blessed

Apostle Peter, the name of Christian arose, remain in the order of its

hereditary degree, and being placed in the third rank never sink below

itself."

So then it was not St. Peter's Primacy, nor his own proper authority in the

Church, which St. Leo conceived to be attacked by this Canon; but he

refused to be a party to "treading under foot the constitution of the

Fathers"--to disturbing "the state of the universal Church, protected of

old by a most wholesome and upright administration."[105] So the Emperor

Marcian, Anatolius, Julian of Cos, beseech Leo to grant this, without so

much as imagining that they are injuring _his_ rank by asking it. I see not

how it is possible to avoid the conclusion, that the power of the First

See, even as its most zealous occupant viewed it, was quite different from

that power which was set up in the middle ages. This is only one of a vast

number of proofs which distinguish the Primacy from the present Supremacy.

And it is the more valuable, because St. Leo certainly carries his notion

of his own rights as universal Primate further than any Father of his time.

I shall have occasion to make a like remark presently in the matter of St.

Gregory's protest.

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?

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