The Sixteenth Session: The Roman Legates Protest

Paschasinus and Lucentius, the most reverend bishops, holding the place of the Apostolic See, said: “If your magnificence so orders, we have something to put before you.” [a] The most glorious judges said: “Say what you wish.” The most holy Paschasinus the bishop, holding the place of Rome, said: “The rulers of the world, in their care for the holy catholic faith, by which their kingdom and glory are increased, have been pleased to define this, so that unity may be preserved through a holy peace in all the churches. But their clemency has taken still greater care to provide for the future, so that no contention may spring up again among God’s bishops, nor any schisms, nor any scandal. “But yesterday, after your excellencies and we in our humility had left, it is said that certain decrees were made which we consider to have been done against the canons and against the discipline of the church. We ask your magnificence to order these things to be read, so that all the brothers may know whether what was done is just or unjust.” [b] The most glorious judges said: “If anything was done after we left, let it be read.”

And before the reading, Aetius, the archdeacon of the church of Constantinople, said: “It is certain that the matters touching the faith have received a fitting form. But it is the custom at synods, after the chief matters of all have been defined, that other necessary matters too should be examined and put in order. We, I mean the most holy church of Constantinople, plainly have matters that need attention. “We asked the lord bishops from Rome to join with us in these matters, but they declined, saying they had received no instructions on the subject. We referred the matter to your magnificence, and you told the holy synod to consider this very point. And when your magnificence had gone out, since the business was of common concern, the most holy bishops stood up and asked that this be done. They were present here, and this was done in no hidden or secret way, but in due order and in keeping with the canons.” [c] The most glorious judges said: “Let the proceedings be read.”

The canon, the twenty-eighth, was then read, and the signatures, one hundred and ninety-two in all, including the bishops of Antioch, Jerusalem, and Heraclea, but not Thalassius of Caesarea, who assented afterward. Only a week before, three hundred and fifty had signed the definition of faith. When the last name had been read, a debate arose, as follows. [d]

Lucentius, the most reverend bishop and legate of the Apostolic See, said: “In the first place, let your excellency notice that this was brought about by outwitting the holy bishops, so that they were forced to sign canons not yet written, which they have mentioned.” [e] The most reverend bishops cried out: “No one was forced!” Lucentius, the most reverend bishop and legate of the Apostolic See, said: “It is plain that the decrees of the three hundred and eighteen have been set aside, and that mention has been made only of those of the one hundred and fifty, which are not found to have any place in the synodical canons, and which were made, as they admit, eighty years ago. If, then, they have enjoyed this privilege during these years, what are they asking for now? If they have never used it, why are they asking for it?” [f]

Aetius, the archdeacon of the most holy church of Constantinople, said: “If they have received any orders on this subject, let them be brought forward.” Boniface, a presbyter and representative of the Apostolic See, said: “The most blessed and apostolic pope gave us this command, among others.” And he read from the document: “The rulings of the holy fathers are not to be violated or diminished by any rashness. Let the dignity of our person be guarded by you in every way. And if any, swayed by the power of their own city, should try to seize what is not theirs, resist this with fitting firmness.” [h] The most glorious judges said: “Let each party quote the canons.”

Paschasinus, the most reverend bishop and representative, read Canon 6 of the three hundred and eighteen holy fathers: “The Roman church has always had the primacy. Let Egypt therefore keep to this, that the bishop of Alexandria has authority over all, for this is also the custom with regard to the bishop of Rome. So too at Antioch and in the other provinces, let the churches of the larger cities have the primacy. “And one thing is abundantly clear: if anyone has been ordained bishop against the will of the metropolitan, this great synod has decreed that such a man ought not to be bishop. If, however, the judgment of all his own colleagues is reasonable and according to the canons, and two or three dissent out of their own obstinacy, then let the vote of the majority prevail. For a custom has prevailed, and it is an ancient tradition, that the bishop of Jerusalem be honored. Let him have the honor that follows from this, but the rights of his own metropolis must be preserved.” [i]

Constantine the secretary read, from a book handed to him by Aetius the archdeacon, Canon 6 of the three hundred and eighteen holy fathers: “Let the ancient customs prevail, those of Egypt, so that the bishop of Alexandria has jurisdiction over all, since this is also the custom at Rome. Likewise at Antioch and in the other provinces, let the rank be preserved to the churches. For this is absolutely clear: if anyone is ordained bishop against the will of the metropolitan, the great synod decreed that such a man should not be a bishop. If, however, the common vote of all is founded on reason and is according to the canons, and two or three, moved by their own obstinacy, make opposition, let the vote of the majority stand.” [j]

The same secretary read from the same book the decision of the Second Synod: “These things the bishops decreed who assembled by the grace of God in Constantinople from widely separated provinces … Bishops are not to go to churches outside the bounds of their own dioceses, nor bring confusion on the churches. But according to the canons, the bishop of Alexandria shall take charge of the affairs of Egypt only; the bishops of the East shall govern the diocese of the East only, while the honors due to the church of Antioch are kept according to the canons of Nicaea; the bishops of Asia shall care for the diocese of Asia only; those of Pontus for the affairs of Pontus only; and those of Thrace for the affairs of Thrace only. “Bishops shall not enter another diocese uninvited to ordain or to perform any other church function. And with the aforesaid canon about dioceses observed, it is evident that the synod of each province will manage the affairs of that particular province, as was decreed at Nicaea. But the churches of God among the pagan nations must be governed according to the custom that has prevailed from the time of the fathers. The bishop of Constantinople, however, shall have the prerogative of honor next after the bishop of Rome, because Constantinople is New Rome.” [k]