RESTITUTION NOT ALWAYS AN ACT OF JURISDICTION. 313 says, " That he who had polluted himself by holding communion with a condemned person partook of his condemnation. "' 4. Whence, in elder times, popes were opposed and checked when they offered to receive bishops rejected in particular synods. So St Cyprian declared the restitution of Basilides by Pope Stephanus to be null;' so the fathers of the Antiochene synod reprehended Pope Julius for admitting Athanasius and Marcellus to communion, or avowing them for bishops, after their condemnation by synods. And the oriental bishops of Sardica excommunicated the same pope for communicating with the same persons. Which instances show that the pope was not then undoubtedly, or according to common opinion, endowed with such a power. But whereas they allege some instances of such a power, I shall premise some general considerations apt to clear the business, and then apply answers to the particular allegations: - 1. Restitution commonly signifies no more than acknowledging a person, although rejected by undue sentence, to be de jure worthy of communion, and capable of the episcopal office; upon which may be consequent an obligation to communicate with him and to allow him his due character, according to the precept of St Paul, "Follow righteousness, faith, charity, peace, with them that call upon the Lord out of a pure heart," 2 Tim. ii. 22. This may be done when anyman is notoriously persecuted for the truth and righteousness; or when the iniquity and malice of pre- tended judges are apparent, to the oppression of innocence; or when the process is extremely irregular, as in the cases of Athanasius, of St Chrysostom, &c. And this is not an act of jurisdiction, but of equity and charity, incumbent on all bishops; and there are promis- cuous instances of bishops practising it. Thus Socrates says that Maximus, bishop of Jerusalem, "restored communion and dignity to Athanasius."' And so Cyril of Alexandria and John of Antioch, being reconciled and reduced to a good understanding of each other, " restored to each other their sees,"d rescinding the censures which in heat they had denounced each on other. Which show that res- titution is not always taken for an act of jurisdiction, wherein one is superior to another; for those persons were in rank and power co- ordinate. 2. Restitution sometimes imports no more than a considerable in- fluence toward the effect of restoring a person to communion or office, no judicial act being exercised about the case: " The emperor writ- s Damnati hominis communion pollutus, damnationis ejus factus est P. Gelas., Ep. xiii. p. 640. s Cypr., Ep. lxviii. 1 'AaoM.,ar xzi ire 771v xovmvia v 'AAavaaiv wee) ,r431, A v. Socr, ii. 24. ç 'A2,74xorç roh Spbvoaç 19iezoay.Socr. vii. 33.
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