314 SOME THINGS PREMISED AS TO RESTITUTION. ing that Paulus and Athanasius should be restored to their sees, availed nothing."' That was a restitution without effect. Thus, a pope's avowing the orthodoxy, or innocence, or worth of a person, after a due information about them, by reason of the pope's eminent rank in the church, and the regard duly had to him, might sometimes much conduce to restore a person, and might obtain the name of restitution by an ordinary scheme of speech. 3. Sometimes persons said to be restored by popes are also said to be restored by synods, with regard to such instance or testimony of popes in their behalf; in which case the judicial restitution, giving right of recovery and completion thereto, was the act of the synod? 4. Whencases were driven to a legal debate, popes could not effec- tually resolve without a synod, their single acts not being held suffi- ciently valid. So, notwithstanding the declarations of Pope Julius in favour ofAthanasius, for theeffectual resolution of his case the great synod of Sardica was convened. So, whatever Pope Innocent I. en- deavoured, hecould not restore St Chrysostomwithout a general synod. Nor could Pope Leo restore Flavianus, deposed in the second Ephesine synod, without convocation of a general synod, which he so often sued for to the Emperor Theodosius for that purpose. Pope Simplicius affirmed that Petrus Moggus, " having been by a common decree condemned as an adulterer," or usurper of the Alex- andrian see, " could not without a common council be freed from condemnation."' 5. Particular instances do not ascertain right to the person who assumes any power, for busy-bodies often will exceed their bounds. 6. Emperors sometimes restored bishops. Constantine, as he banished Eusebius of Nicomedia and others, so he revoked and re- stored them. So says Socrates, "They were recalled frombanishment by the emperor's command, and received their churches."' Theo- dosius asserted to Flavianus his right,' of which the popes pretended to deprive him, which amounted to a restitution, at least [it will amount to this] to the Romanists, who assert Flavianus to be deposed by the pope. Instantius and Priscillianus were, by the " rescript of the Emperor Gratianus, restored to their churches. "6 Justinian or- ppi rp[¢.avro5 moo ßeeoa6;, wdra ivnAAñvaa naAr xai 'AAavavi;o moii5 oixciou5 rósrav5, oVaiv vrxmn %vinro. SOCr. ii. 20. 7 Note. It is an ordinary styleof votes in synods for the restitution of a bishop, I restore. Vid. Conc. Chats., Act. i. p. 165. That is, " I give my vote for his restitution." 3 Oportebat communi decreto damnatum tanquam adulterum communi concilio dam. natione liberari.Lib., cap. xviii. a 'Aváx?.4i6,ai1+ ma rñt il0pia5 éx AZOIX xoú a'paaráyFeama «a 7á5 IKRX4Oia5 iaurmv c'c71- xaf,,.Socr. i. 14. 5 Theod. v. 23. O Rescriptum eliciunt, quo calcatis gum prius decreta erant, restitui ecclesiis jube. bantur. Hoc freti Instantius et Priscillianus repetivere Hispanias.Sulp. Sev. ii. 63. Revocari Romani. Silverium jussit, et de literis illis judicium fieri, ut si falsae fuissent probatse, restitueretur sedi suss. Liberat. Breviar., cap. xxii.
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