The immediate predecessor of Auxentius was the Catholic Dionysius, and we cannot suppose that this is a fair description of Hilary’s followers. But it is probable that the malcontents were not numerous, for none but enthusiasts would venture into apparent schism on account of a heresy which was certainly not conspicuous. How long Hilary was allowed to continue his efforts is unknown. Valentinian reached Milan in the November of 364, and left it in the Autumn of the following year; and before his departure his decision had frustrated Hilary’s purpose. We only know that, as soon as the matter grew serious, Auxentius appealed to the Emperor. There was no point more important in the eyes of the government than unity within the local Churches, and Auxentius, being formally in the right, must have made his appeal with much confidence. His success was immediate. The Emperor issued what Hilary calls a ’grievous edict,’ the terms of which Hilary does not mention. He only says that under the pretext, and with the desire, of unity, Valentinian threw the faithful Church of Milan into confusion. In other words, he forbade Hilary to agitate for a separation of the people from their bishop.
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. 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.