Socrates and Sozomen agree in the assertion that Acacius, Patrophilus the Arian Bishop of Scythopolis, and their adherents ejected Maximus and put Cyril in his place Socr. H. E. ii. 38; Soz. iv. 20.  The Bishops of Palestine, except two or three, had received Athanasius most cordially a few years before (Athan. Hist. Arian. § 25)..  But according to the statement of Jerome already quoted p. ii. Maximus, when dying, had not only nominated Heraclius to be his successor, which, with the consent of the Clergy and people was not unusual, but had actually established him as Bishop in his stead (in suum locum substituerat).  The two accounts are irreconcileable, and both improbable.  Touttée argues not without reason, that the consecration of Heraclius, which Jerome attributes to Maximus, would have been opposed to the right of the people and Clergy to nominate their own Bishop, and to the authority of the Metropolitan and other Bishops of the province, by whom the choice was to be confirmed and the consecration performed, and that it had moreover been expressly forbidden seven years before by the 23rd Canon of the Council of Antioch.