the Golden-mouthed refused to enter the college of the council assembled together against him." These things are found at the place [Friedberg, 1: 519] where Gratian draws the following conclusion:[1] "Outside the limits of his province no man charged with guilt is under any circumstances to be summoned." Hence Pope Fabian,[2] 3: 6 [Friedberg, 1: 519], says: "The case is always tried there where the offence occurred, and he who does not prove his accusation should himself suffer the punishment he would inflict." Likewise Pope Stephen,[3] 3: 6 [Friedberg, 1: 519]: "No permission to accuse shall be proceeded with outside of the bounds of the provinces, but every charge is to be heard within the province." The same thing appears, 3:6 [Friedberg, 1: 523] from the action of the Roman synod.
Therefore, what would be the nature of such obedience, or what reason would there be for it, that a person cited three hundred miles away—to the pope unknown, accused by enemies—should go with such concern to himself through enemies and come to hostile judges and witnesses and consume extravagantly the goods of the poor or (not practising extravagance) that he should go, suffering with hunger and with
- ↑ This quotation from the canon law gives only a part of the original and, as Huss's text has several mistakes, I have followed in the translation the text of the canon law. Gratian's conclusion, which Huss quotes, opens a new section of the canon law and is preceded by another statement by Gratian which it seems strange Huss did not quote as it is so opposite to what he has been saying. It runs: "Although a man's guilt be evident, yet is he not to be condemned on the accusation of an enemy." John the Golden-mouthed, to whom Huss refers, is Chrysostom, patriarch of Constantinople, d. 407, the greatest preacher of the early church. The synod to which Huss refers was held 403 and is called the synod of the Oak. It was held under the direction of Theophilus of Alexandria, his enemy, and was made up largely of Chrysostom's enemies or disaffected members of his clergy. Chrysostom refused to attend unless his enemies were expelled. The court whom he had offended by his condemnations of extravagance in dress, etc., then deposed Chrysostom from his see.
- ↑ Fabian, pope, 236–250, seems to have been a vigorous administrator, in whose reign the schism of Hippolytus was completely put down and the Decian persecution vigorously resisted in Rome.
- ↑ Stephen I, pope, 254-257, in the dispute with Cyprian of Carthage over the baptism by heretics took ground in favor of its validity.
