But Hilary, silenced in the city, exerted himself at court. With urgent importunity, he tells us, he pressed his charges against Auxentius, and induced the Emperor to appoint a commission to consider them. In due time this commission met. It consisted of two lay officials, with ‘some ten’ bishops as assessors It is clear from Hilary’s account (Contra Auxentium, § 7) that the decision lay with the laymen. Auxentius, in his account of the matter, does not even mention the bishops.. Hilary and Eusebius were present, as well as the accused. Auxentius pleaded his own cause, beginning with the unfortunate attack upon his adversaries that they had been deposed by Council, and therefore had no locus standi as accusers of a bishop. This was untrue; Hilary, we know, had been banished, but his see had never been declared vacant, nor, in all probability, had that of Eusebius. They were not intruders, like Auxentius, though even he had gained some legality for his position from the death of Dionysius in exile. The failure of this plea was so complete that Hilary, in his account of the matter, declares that it is not worth his while to repeat his defence. Next came the serious business of the commission. This was not the theological enquiry after truth, but the legal question whether, in fact, the teaching of Auxentius was in conformity with recognised standards. Hilary had asserted that his creed differed from that of the Emperor and of all other Christians, and had asserted it in very unsparing language. He now maintained his allegation, and, in doing so, gave Auxentius a double advantage. For he diverged into the general question of theology, while Auxentius stuck to the letter of the decisions of Rimini; and the words of Hilary had been such that he could claim to be a sufferer from calumny. Hilary’s account of the doctrinal discussion is that he forced the reluctant Auxentius by his questions to the very edge of a denial of the Faith; that Auxentius escaped from this difficulty by a complete surrender, to which Hilary pinned him down by making him sign an orthodox confession, in terms to which he had several times agreed during the course of the debate; that Hilary remitted this confession through the Quæstor, the lay president of the commission, to the Emperor. This document, which Hilary says that he appended to his explanatory letter, is unfortunately lost. The brief account of the matter which Auxentius gives is not inconsistent with Hilary’s. He tells us that he began by protesting that he had never known or seen Arius, and did not even know what his doctrine was; he proceeded to declare that he still believed and preached the truths which he had been taught in his infancy and of which he had satisfied himself by study of Scripture; and he gives a summary of the statement of faith which he made before the commission. But he says not a word about the passage of arms between Hilary and himself, of his defeat, and of the enforced signature of a confession which contradicted his previous assertions.