250 SECOND PAPAL ASSUMPTIONPRESIDENCY IN COUNCILS. patriarch at least had no less, as all reason and practice show,' and as they of the seventh synod suppose, arguing the synod of Constan- tinople, which condemned the worship of images, to be no general council, " because it had not the pope's co-operation, nor the consent of the eastern patriarchs."' Syncellus, the patriarch of Jerusalem's legate in the eighth synod, says, " For this reason the Holy Spirit set up patriarchs in the world, that they might suppress scandals arising in the church of God."3 And Photius in the same synod told, " That the judgment passed against him was most equal and impartial, as proceedingnot from one, but all the four patriarchs. "' That a general synod does not need a pope to call it or preside in it appears by what the synods of Pisa and Constance define, for pro- vision in time of schisms.' II. It inseparably belongs to sovereigns in the general assem- blies oftheir states to preside, and moderate affairs; proposing what they judge fit to be consulted or debated; stopping what seems un- fit to be moved; keeping proceedings within order and rule, and steering them to a good issue; checking disorders and irregularities, which the distemper or indiscretion of any persons may create in de- liberations or disputes. This privilege, therefore, the pope claims, not allowing any gene- ral council to be legitimate wherein be in person, or by his legates, does not preside and sway. "All Catholics," says Bellarmine, " teach this to be the chief pontiff's proper office, that either in person or by his legate he preside, and as chiefjudge moderate all."' But for this prerogative no express grant from God, no ancient canon of the church, no certain custom can be produced. Nor doesancient practicefavour thepope's claim to such a preroga- tive, it appearingthat hedidnot exercise it in the first general synods. St Peter himself did not preside in the apostolical synod at Jeru- salem, where he was present, Acts xv., but rather St James, as we before have shown. In all the first synods, convocatedby emperors, they either them- selves in person, or by honourable persons authorized by them, in effect presided, governing the proceedings. i'AvayvrooAéYTroY TiYrov ouvaSlxwv Ta-iv lar pauóYTrov 1.4 SEiv yiveoAal oraml oúvoóov oixou/Et YEXHV arapExTÒç oup4rovia; Tm"v T.olorwY &ylroTáTrov aaTirápxav.-AnteactaSyn. Nie. IL, p. 518. 2 Oúx ËCxE oLYEpyÓV TÓV TnvrxaúTa T77; `Pw,uaimv vrávrav . , xaArbÇ YÓpeaÇ loT% Taîç a'OYÓSaIt &1T.' aüTE ou/,erppovaúvTaç aúTf7 Toúç maTplápxaç Tñç ia, &c.Syn. vii. Act. 6, p. 725. 3 Al& ToüTa T&g 9ra7plapxtx&; xElpaX&Ç lY T!4 xóo/Lro ËAETO TÓ nvEU/4a TÓ ílylaY, I'M T& it T% Éxxñna'iá TR/ eéeú &va¢uópeEVa oxávSaxa Si aúTw &varpavg.rovTal.Syn. viii. Act. 1, p. 930. 'Aorp000loróxnoro; 4 xpior áç oúx it Wu fbóYGU TroY TEOOaproY SraTyapxlxNY ylvo/Avn. Act. v. p. 945. 5 Sess. xxxix. p. 1109. e Catholici omnes id munns proprium esse docent summi pontificie, ut per se, vel per legatos præsideat, et tanquam supremusjudex omnia moderetur. Bell. de Cone. i. 19.
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