In future when a defendant is examined, he ought not to be deposed by two or three bishops: but by the sentence of the greater Synod and of his own provincials, as also the Apostolic Canons provide.
Balsamon.
As Bagadius, the bishop of Bostra, had been deposed by only two bishops, the matter was considered in the synod at Constantinople, whether that deposition had been rightly decreed. Agapius, the elect, laying claim to it under the decision. And it was decreed that the deposition was not canonical, since not two but a number should judge of those accusations which are made against bishops. But know that this constitution has no force to-day, for by the twelfth canon of the synod of Carthage, which is much later, crimes charged against bishops are to be judged of by twelve bishops. Read that canon, and know that this synod was held in the time of the Emperor Arcadius, while that of Carthage was in the days of Theodosius the younger.
Zonaras explains that by the words "have gone forth" in the speech of Theophilus of Alexandria is to be understood have died.
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