Excursus on the Rise of the Patriarchate of Jerusalem.
Canon VIII.
The narrative of the successive steps by which the See of Jerusalem rose from being nothing but Aelia, a Gentile city, into one of the five patriarchal sees is sad reading for a Christian. It is but the record of ambition and, worse still, of knavery. No Christian can for a moment grudge to the Holy City of the old dispensation the honour shewn it by the Church, but he may well wish that the honour had been otherwise obtained. A careful study of such records as we possess shews that until the fifth century the Metropolitan of Caesarea as often took precedence of the Bishop of Jerusalem as vice versa, and Beveridge has taken great pains to shew that the learned De Marca is in error in supposing that the Council of Nicea assigned to Jerusalem a dignity superior to Caesarea, and only inferior to Rome, Alexandria, and Antioch. It is true that in the signatures the Bishop of Jerusalem does sign before his metropolitan, but to this Beveridge justly replies that the same is the case with the occupants of two other of his suffragan sees. Bishop Beveridge's opinion is that the Council assigned Jerusalem the second place in the province, such as London enjoys in the Province of Canterbury. This, however, would seem to be as much too little as De Marca's contention grants too much. It is certain that almost immediately after the Council had adjourned, the Bishop of Jerusalem, Maximus, convoked a synod of Palestine, without any reference to Caesarea, which consecrated bishops and acquitted St. Athanasius. It is true that he was reprimanded for doing so,3 but yet it clearly shews how lie intended to understand the action of Nice. The matter was not decided for a century more, and then through the chicanery of Juvenal the bishop of Jerusalem.
(Canon Venables, Dict. Christ. Biography.)
Juvenalis succeeded Praylius as bishop of Jerusalem somewhere about 420 a.d. The exact year cannot be determined. The episcopate of Praylius, which commenced in 417 a.d., was but short, and we can hardly give it at most more than three years. The statement of Cyril of Scythopolis, in his Life of St. Euthymius (c. 96), that Juvenal died "in the forty-fourth year of his episcopate," 458 a.d., is certainly incorrect, as it would make his episcopate begin in 414 a.d., three years before that of his predecessor. Juvenal occupies a prominent position during the Nestorian and Eutychian troubles towards the middle of the fifth century. But the part played by him at the councils of Ephesus and Chalcedon, as well as at the disgraceful lh|strikh\ su/nodoj of 449, was more conspicuous than creditable, and there are few of the actors in these turbulent and saddening scenes who leave a more unpleasing impression. The ruling object of Juvenal's episcopate, to which everything else was secondary, and which guided all his conduct, was the elevation of the see of Jerusalem from the subordinate position it held in accordance with the seventh of the canons of the council of Nicaea, as suffragan to the metropolitan see of Caesarea, to a primary place in the episcopate. Not content with aspiring to metropolitan rank, Juvenal coveted patriarchal dignity, and, in defiance of all canonical authority, he claimed jurisdiction over the great see of Antioch, from which he sought to remove Arabia and the two Phoenicias to his own province. At the council of Ephesus, in 431, he asserted for "the apostolic see of Jerusalem the same rank and authority with the apostolic see of Rome" (Labbe, Concil. iii. 642). These falsehoods he did not scruple to support with forged documents ("insolenter ausus per commentitia scripta firmare," Leo. Mag. Ep. 119 92), and other disgraceful artifices. Scarcely had Juvenal been consecrated bishop of Jerusalem when he proceeded to assert his claims to the metropolitan rank by his acts. In the letter of remonstrance against the proceedings of the council of Ephesus, sent to Theodosius by the Oriental party, they complain that Juvenal, whose "ambitious designs and juggling tricks" they are only too well acquainted with, had ordained in provinces over which he had no jurisdiction (Labbe, Concil. iii. 728). This audacious attempt to set at nought the Nicene decrees, and to falsify both history and tradition was regarded with the utmost indignation by the leaders of the Christian church. Cyril of Alexandria shuddered at the impious design ("merito perhorrescens," Leo. u. s.), and wrote to Leo, then archdeacon of Rome, informing him of what Juvenal was undertaking, and begging that his unlawful attempts might have no sanction from the apostolic See ("ut nulla illicitis conatibus praeberetur assensio," u. s.). Juvenal, however, was far too useful an ally in his campaign against Nestorius for Cyril lightly to discard. When the council met at Ephesus Juvenal was allowed, without the slightest remonstrance, to take precedence of his metropolitan of Caesarea, and to occupy the position of vice-president of the council, coming next after Cyril himself (Labbe, Concil. iii. 445), and was regarded in all respects as the second prelate in the assembly. The arrogant assertion of his supremacy over the bishop of Antioch, and his claim to take rank next after Rome as an apostolical see, provoked no open remonstrance, and his pretensions were at least tacitly allowed. At the next council, the disgraceful Latrocinium, Juvenal occupied the third place, after Dioscorus and the papal legate, having been specially named by Theodosius, together with Thalassius of Caesarea (who appears to have taken no umbrage at his suffragan being preferred before him), as next in authority to Dioscorus (Labbe, Concil. iv. 109), and he took a leading part in the violent proceedings of that assembly. When the council of Chalcedon met, one of the matters whichcame before it for settlement was the dispute as to priority between Juvenal and Maximus Bishop of Antioch. The contention was long and severe. It ended in a compromise agreed on in the Seventh Action, meta\ pollh\n filoneiki/an. Juvenal surrendered his claim to the two Phoenicias and to Arabia, on condition of his being allowed metropolitical jurisdiction over the three Palestines (Labbe, Concil. iv. 613). The claim to patriarchal authority over the Bishop of Antioch put forward at Ephesus was discreetly dropped. The difficulty presented by the Nicene canon does not appear to have presented itself to the council, nor was any one found to urge the undoubted claims of the see of Caesarea. The terms arranged between Maximus and Juvenal were regarded as satisfactory, and received the consent of the assembled bishops (ibid. 618). Maximus, however, was not long in repenting of his too ready acquiescence in Juvenal's demands, and wrote a letter of complaint to pope Leo, who replied by the letter which has been already quoted, dated June 11, 453 a.d., in which he upheld the binding authority of the Nicene canons, and commenting in the strongest terms on the greediness and ambition of Juvenal, who allowed no opportunity of forwarding his ends to be lost, declared that as far as he was concerned he would do all he could to maintain the ancient dignity of the see of Antioch (Leo Magn. Ep. ad Maximum, 119 92). No further action, however, seems to have been taken either by Leo or by Maximus. Juvenal was left master of the situation, and the church of Jerusalem has from that epoch peaceably enjoyed the patriarchal dignity obtained for it by such base means.
Concerning those who call themselves Cathari, if they come over to the Catholic and Apostolic Church, the great and holy Synod decrees that they who are ordained shall continue as they are in the clergy. But it is before all things necessary that they should profess in writing that they will observe and follow the dogmas of the Catholic and Apostolic Church; in particular that they will communicate with persons who have been twice married, and with those who having lapsed in persecution have had a period [of penance] laid upon them, and a time [of restoration] fixed so that in all things they will follow the dogmas of the Catholic Church. Wheresoever, then, whether in villages or in cities, all of the ordained are found to be of these only, let them remain in the clergy, and in the same rank in which they are found. But if they come over where there is a bishop or presbyter of the Catholic Church, it is manifest that the Bishop of the Church must have the bishop's dignity; and he who was named bishop by those who are called Cathari shall have the rank of presbyter, unless it shall seem fit to the Bishop to admit him to partake in the honour of the title. Or, if this should not be satisfactory, then shall the bishop provide for him a place as Chorepiscopus, or presbyter, in order that he may be evidently seen to be of the clergy, and that there may not be two bishops in the city.
Ancient Epitome of Canon VIII.
If those called Cathari come over, let them first make profession that they are willing to communicate with the twice married, and to grant pardon to the lapsed. And on this condition he who happens to be in orders, shall continue in the same order, so that a bishop shall still be bishop. Whoever was a bishop among the Cathari let him, however, become a Chorepiscopus, or let him enjoy the honour of a presbyter or of a bishop. For in one church there shall not be two bishops.
The Cathari or Novatians were the followers of Novatian, a presbyter of Rome, who had been a Stoic philosopher and was delivered, according to his own story, from diabolical possession at his exorcising by the Church before his baptism, when becoming a Catechumen. Being in peril of death by illness he received clinical baptism, and was ordained priest without any further sacred rites being administered to him. During the persecution he constantly refused to assist his brethren, and afterwards raised his voice against what he considered their culpable laxity in admitting to penance the lapsed. Many agreed with him in this, especially of the clergy, and eventually, in a.d. 251, he induced three bishops to consecrate him, thus becoming, as Fleury remarks,1 "the first Anti-Pope." His indignation was principally spent upon Pope Cornelius, and to overthrow the prevailing discipline of the Church he ordained bishops and sent them to different parts of the empire as the disseminators of his error. It is well to remember that while beginning only as a schismatic, he soon fell into heresy, denying that the Church had the power to absolve the lapsed. Although condemned by several councils his sect continued on, and like the Montanists they rebaptized Catholics who apostatized to them, and absolutely rejected all second marriages. At the time of the Council of Nicea the Novatian bishop at Constantinople, Acesius, was greatly esteemed, and although a schismatic, was invited to attend the council. After having in answer to the emperor's enquiry whether he was willing to sign the Creed, assured him that he was, he went on to explain that his separation was because the Church no longer observed the ancient discipline which forbade that those who had committed mortal sin should ever be readmitted to communion. According to the Novatians he might be exhorted to repentance, but the Church had no power to assure him of forgiveness but must leave him to the judgment of God. It was then that Constantine said, "Acesius, take a ladder, and climb up to heaven alone."2
Aristenus.
If any of them be bishops or chorepiscopi they shall remain in the same rank, unless perchance in the same city there be found a bishop of the Catholic Church, ordained before their coming. For in this case he that was properly bishop from the first shall have the preference, and he alone shall retain the Episcopal throne. For it is not right that in the same city there should be two bishops. But he who by the Cathari was called bishop, shall be honoured as a presbyter, or (if it so please the bishop), he shall be sharer of the title bishop; but he shall exercise no episcopal jurisdiction.
Zonaras, Balsamon, Beveridge and Van Espen, are of opinion that xeiroqetoume/nouj does not mean that they are to receive a new laying on of hands at their reception into the Church, but that it refers to their already condition of being ordained, the meaning being that as they have had Novatian ordination they must be reckoned among the clergy. Dionysius Exiguus takes a different view, as does also the Prisca version, according to which the clergy of the Novatians were to receive a laying on of hands, xeiroqetoume/nouj, but that it was not to be a reordination. With this interpretation Hefele seems to agree, founding his opinion upon the fact that the article is wanting before xeiroqetoume/nouj, and that au0tou\j is added. Gratian3 supposes that this eighth canon orders a re-ordination.