Herein are the extant Latin minutes of Constantinople (860-1), otherwise known as the “1st-2nd Council.” This is a “local” council which otherwise attained to Pentarchic ratification, though Rome reneged on their agreement with it in 862 (even after entering Saint Photius’ legates into their communion). What followed was a revisionist program where all of the sudden Pope Nicholas’ chancery had amnesia about ever accepting Photius.

This massive pivot required two things. First, a scapegoat. The Papal legate Zacharias of Anagni became “the fall guy,” accepting all blame for accepting Photius, resulting in his excommunication. This “show trial” did not mean much as he probably never left the Papal chancery and was even signing letters for Pope Nicholas with his own name months later. Second, a protracted program of forgeries and false accusations were made, generally through the pen of Anastasius the Librarian, to reinvent the history of this council and Nicea II.

How much of Constantinople 860-1 survived this revisionism in its Latin record is unknown to me presently, as I am still studying this topic. However, a large amount of fragments are preserved in Cardinal Deusdedit’s collection of canon law (p. 505-512)–seemingly distilled of matters only of Papalist import. They appear to me generally authentic, as they lack the concerns which are typical of the Anastasian forgeries in the later 860s. They also preserve the patronizing comments and pushback of the Constantinopolitan synod.

Here are the minutes via a machine translation–any corrections are appreciated. I take full responsibility for any errors:

SESSION 1

With Michael Augustus were those residing at his right, the apostolic vicars Raduald Bishop of Porto and Zacharias Bishop of Anagni and the other archbishops and bishops, and on his left, many from the most distinguished senate.

The Emperor said: It was indeed necessary that no further inquiry be made concerning Ignatius, who has been deposed for manifest offenses. However, honoring the holy Church of the Romans and the most holy Pope Nicholas in his vicars, we permit the matter to be reviewed again.

Also, Paul Bishop of Caesarea Cappadocia said: The sentence of the synod was given against Ignatius, and in our church he no longer has a cause and the matter does not arise. But for the honor of Saint Peter and the most holy and universal Pope Nicholas, we agree that his case should be renewed and judged.

The Pope’s legates said: As representatives of our Lord Pope Nicholas, according to the authority of the holy fathers of the Council of Sardica, we wish to bring Ignatius before us and renew his judgment.

Also, Paul Bishop of Caesarea Cappadocia said: Ignatius should not be summoned by our church. However, for the honor of the Prince of the Apostles and our Lord Pope Nicholas, do what seems good to you.

The Pope’s legates said: We act with canonical authority. So that there may be no question of his having good cause, we wish to renew the judgment.

Also, Ignatius said to the legates: Before the interrogation, you have prejudiced me.

The legates said: How?

Ignatius said: Because you, being bishops, sit while I, who am a patriarch, stand.

The legates said: Since you are on trial, although we are bishops, we hold the place of the apostolic see.

Ignatius said: And I have the throne of John the Apostle and Andrew, who was the first to be called a disciple of Christ.

The legates said: But we have not found you seated on the throne.

Ignatius said: If you are just judges, you should restore my throne to me and judge accordingly.

Also, the legates said: You have been accused before the apostolic see.

Ignatius said: Were they accusing me present in Rome or absent?

The legates said: This is your fault, for when the accuser was in Rome, Pope Benedict wrote to you to respond. However, you neither deigned to respond yourself nor through another. We have come, therefore, to investigate your case according to the tradition of the holy fathers and the canons.

Also, the legates said: To the assistants of Ignatius, you receive our judgment?

They [the Holy Council] replied: He who does not receive this does not receive the apostles.

The legates said: It is lawful for us and we have the authority from the Apostolicus and the Emperor to judge justly.

They replied: Before we were prejudiced, we greatly desired your sanctity, now, if it pleases God, we seek vengeance.

Also, the assistants of Ignatius said: You have the person of the apostles, so judge now, as if giving an account.

Also, the legates said: You know that all the condemned have the power to recall their cause. In the presence of the Pope, so that he may send someone to judge their case, and if they are justly condemned, let them remain so. But if not, let it be corrected.

Also, the legates said to Ignatius: We have recalled the case to judgment, as being able and having canonical authority.

Also, the legates said to Ignatius: When Bishop Zacharias protested in Rome, Pope Benedict sent you a letter so that the Emperor would send legates to the apostolic see, and again Bishop Zacharias would come with some others so that the matter of both parties could be aired in the presence of the Pope. And he indeed came, but you did not send anyone.

Ignatius said: And in what month did I receive the Pope’s letter?

They [the legates?] replied: We do not know.

Ignatius said: I received the letter in July, I was expelled after the 8th or 10th, and when was I supposed to send?

Also, John the Protopresbyter said: It is our custom, and I think it is yours too, that when a patriarch dies, the Emperor convokes all bishops, priests, abbots, and deacons. Go and decide what God suggests to you and bring your decree to me. They then go and investigate, and whoever they choose is reported to the Emperor, who then agrees to ordain and accept him.

Also, Ignatius said: Lord Tharasius was promoted from a woman.

The Emperor said: Do not say “by a woman.” For indeed, it was under a woman that Lord Methodius and Lord Tharasius were made.

Also, the legates said: Since the day has passed and the hour is late, the Emperor and we, the representatives of the Pope, wish to rest today, and we want Ignatius to come again on the eve of the Sabbath, to respond to the objections. We call him to judgment.

SESSION 2

The legates said: Brothers, behold, we have sent to Ignatius for the second time, requesting that he come before us to settle his case, and he has refused to come. However, we call him, wishing to renew his case according to canonical authority and the tradition of the fathers.

Paul, Bishop of Caesarea in Cappadocia, said: Our church, out of reverence for the holy Apostles and the most holy Pope Nicholas, agrees that Ignatius’s judgment should be renewed.

The legates said: And if a judgment has been made about him by you, nevertheless, since we hold the person of the Apostolicus, we wish to revoke his judgment by canonical authority.

Theophilus, Bishop of Laodicea, said: The Synod does not consider it grave if his case is renewed, but both ecclesiastics and laypeople rejoice at your power and the renewal of the judgment.

The legates said: Believe, brothers, that the holy fathers decreed at the Council of Sardica that the Roman Bishop should have the power to renew the case of any bishop. Therefore, we, by the authority we have mentioned, wish to investigate the matter.

Theodorus, Bishop of Laodicea, said: Our church rejoices in this and has no objection or grievance.

Theodorus, Bishop of Laodicea, also said: Ignatius has despised not only us but also your authority, and he does indeed have some reason as regarding us, but against your authority, what excuse or reason will he have, he who, when summoned a second time neither came nor was heard in your presence? Therefore, since he has despised you, as just judges and holding of the power of blessed Peter, assist our church.

The legates said: Since he has already been summoned by us a second time and did not come. If he does not come when summoned a third time, it is right for us to act according to the canons.

The Holy Synod said: It is right.

Amphilogius, Bishop of Cizicus, said: The Holy Council of Chalcedon made the first and second summonses against Dioscorus on the same day.

The legates said: We know that he should have a threefold summons, and it is not good to make the second and third summons on one day. We wish to act according to the custom of our Roman church.

The legates also instructed Ignatius: Be so kind as to be present so that, with God’s assistance, your matter may be diligently investigated and resolved by a just and righteous judgment. It is our modesty to advise your holiness that, according to canonical authority and the custom of the Roman church, you come to our synod without excuse and removing all pretexts. For many accusations have been made against you in the Roman church before the most blessed pontiffs Benedict and Nicholas. Therefore, it seems right to us to treat the hidden wound with the cautery of canonical authority.

The legates also instructed Ignatius: We are astonished that you ask us to swear upon the Gospels. When were the legates of the Roman church tasked to swear in the Synod, so that we may now swear. We, being priests until this hour, by the grace of God and the discipline of our holy father Pope Nicholas, neither swear nor will we swear for any major or minor matter. And if we have fulfilled your other requests, it does not befit your holiness to demand this, nor does it befit us to do it.

The legates said: We cannot condemn Ignatius for our injury, but for his own faults if they have been proven against him.

Theodorus, Bishop of Laodicea, said: Our church has different customs than yours. But the holy emperor complies with your will.

The legates said: We do not wish to judge according to our own custom but according to canonical authority and the constitution of the Roman church.

SESSION 3

The Legates said: You know, brothers, that after the days before Pascha we were unable to settle the case of Ignatius. Therefore, we have commanded him to meet with us today and to come before your holiness. If it pleases you, let Ignatius come.

The bishops said: It is right that he come.

Also Bardas the patrician said: You are just judges sent from a great and just court, whose person you hold.

Also the legates said to the accusers of Ignatius: From your side, some came to Rome protesting against Ignatius.

The accusers said: Yes. And then they were poor and suffered persecution. But he, why did he not send, having power and authority, as Zacharias the bishop came, you know. Did you not see how in his humanity they despise the Apostolicus and this holy synod?

Also the legates said: We wanted to reconsider the first judgment and judge Ignatius according to the custom of canonical constitution, but he despises coming before us. What do you say?

The bishops said: He should have been present and responded to the objections. If he does not want to, let the canons be read.

Also Ignatius said: I did not appeal to Rome, nor do I appeal. What do you want to judge?

The legates said: We have canonical authority, as the legates and the universal Pope.

Ignatius said: Give me the letters from the Pope which he sent to me.

The legates said: He did not send letters to you.

Ignatius said: For this reason, I do not accept you as judges.

The legates said: You must accept us, because we are sent by him and we must justly judge you.

Ignatius said: What justice is there, since you did not bring the letters to me? And since you did not bring the letters to me, neither do I accept you. However, if you had letters, like those sent by Gaudentius and Innocent, I would have accepted you.

The legates said: We are sent by Universal Pope Nicholas, and no less by Gaudentius and Innocentius. Neither of these is less than our most holy Pope, but just as he is a successor in the apostolic see, so he is also a successor in virtues. We wish to fulfill their precepts and observe the canons, and we have apostolic authority for your case.

Also Ignatius said: And does judgment take place without a judge?

The legates said: We and the holy synod are the judges.

Ignatius said: If you had had letters to me, I would have certainly accepted you.

The legates said: You know that during the time of Pope Benedict, bishops came to Rome protesting against you with many and serious charges, and the Apostolicus sent a letter to you, asking you to send someone from your side, and you did not do so.

Ignatius said: What you see has happened to me, therefore I could not send.

Also Ignatius said: Let those to whom the letters were brought receive them.

The Emperor said: Accept the letters from the Pope so that you may be judged by them, and our Empire and all the judges of the Church have received them.

Also John the protospatharius said: Ignatius said that he is not judged because you are not sent judges from the great judge, the Pope of Rome. But did he not send Lazarus to Rome to confirm the deposition he had unjustly made? In that case, he received the Roman church as a judge and now does not receive it.

Also the legates said: Why do you not receive us, since you wrote to Pope Benedict asking for a Roman judgement?

Ignatius said: Just as Paul and Athanasius went to Rome and were judged, if I had found another Julius, I would certainly have come and been judged by him.

The legates said: If you want to come to Rome, you will find another Julius by the grace of God.

Also the Emperor said: I send you as judges, and the whole Church receives you as judges and the most holy Pope.

Also Bardas the patrician said: The holy emperor commanded us to say, “For I receive you as judges, and all bishops and priests of our power, and glorious magnates; and thus we regard you as him who sent you, for he has given you dignity and power, as if he were present himself, so we account and receive you.”

The legates said: We give thanks to God because the Emperor and you and all venerable bishops receive us as judges and the Lord Pope.

Also the legates said to the bishops: Do you accept us and him who sent us, the Pope?

The bishops said: We accept you and him who sent you, and when asked a third time, they responded: We accept.

Also the legates said: Judge and if you are able to receive your throne, receive it. If, however, you cannot, withdraw.

Ignatius said: Can you return anything to me?

The legates replied: If you have reason in the life of the Apostolicus and the Emperor, presume it.

SESSION 4

Paul, Bishop of Caesarea in Cappadocia, said: The Apostolic and Universal Pope sent you as judges to this place to inquire into the matter of Ignatius, and the Church received you according to his word, and does not object to the renewal of his judgment.

Again, Bishop Zacharias [the Roman legate] said: I came to Rome and complained to his holiness, the Pope that Ignatius entered the church without election, expelled the Bishop of Syracuse, and appointed two others in his place.

Again, the Synod said: We all know that Ignatius expelled these bishops without cause and appointed others in their places.

The legates said: Since Ignatius cannot present any reason, and the Holy Synod knows and declares that the bishops were expelled without cause, behold, we, using the power of the Holy Roman Church, according to the command of Nicholas, the most blessed Pope who has care of all churches, and according to his command and authority, regard them as innocent and true bishops, and we accept and count them as such, and we reject the unjust condemnation of them as null and void, and we annul it completely.

The Holy Synod said: Glory to God who does not leave the rod of the wicked over the lot of the righteous. These were blameless; these were prejudiced.

Again, Bardas the Patrician said: It makes no difference whether you or the spirit of the Pope present Ignatius for judgment. For we receive you as bearing his person.

Again, the legates said: The canon according to Silvester teaches that a bishop should not be condemned except by 72 witnesses. Do you wish to accept the canon of Saint Silvester? [Ed: This appears to be a reference to the Pseudo-Isidorian Decretals, marking their first interpatriarchal usage.]

Paul, Bishop of Caesarea in Cappadocia, said: We accept.

Theodore, Bishop of Laodicea, said: According to our custom, 5, 10, or 7 witnesses are sufficient for the condemnation of anyone. But since the judgment is yours, our Synod defers to your will in this matter.

Again, the Holy Synod ordered: To admit the witnesses, and to place the Gospel in the midst of the Synod so that they might swear there. And eighth patricians came, and others from the Senate up to 72.

The Patricians said: There is no law among us that requires us to swear. Nor have patricians ever sworn.

Again, Bardas the Patrician said: Our divine emperor commands that we do whatever you require and disregard our own order for your fulfillment, and for the honor of the one who sent you, the most blessed Pope, since patricians are not accustomed to swearing. However, we will swear for you.

And Ignatius stood by the Gospel to receive the oaths of the witnesses, and they began to swear.

Again, the bishops [of the Holy Council] said: We say that the Apostolic is present here through you, and what you do, he does.

Again, the legates judged that Ignatius was deserving of deposition.

Procopius the subdeacon, following the instruction of the legates, removed his pallium, alb, and amict from him, and he was expelled by the Synod.

And after this, the Synod exclaimed: To Pope Nicholas and to Patriarch Photius many years. To the legates of the Pope many years.