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Advanced Information Edited with Notes Gathered from the Writings of the Greatest Scholars by Henry R. Percival, M.A., D.D. Published in 1886 by Philip Schaff, New York: Christian Literature Publishing Co.
The Canons of the Councils of Ancyra, Gangra, Neocæsarea, Antioch and Laodicea, which Canons were Accepted and Received by the Ecumenical Synods.Introductory Note to the Canons of the Provincial Synods which in this Volume are Interjected Between the First and the Second Ecumenical Councils.The First Canon of the Fourth Ecumenical Council, Chalcedon, reads as follows: "We have judged it right that the canons of the Holy Fathers made in every synod even until now, should remain in force." And the Council in Trullo, in its second canon, has enumerated these synods in the following words. "We set our seal to all the rest of the canons which have been established by our holy and blessed fathers, that is to say by the 318 God-inspired fathers who met at Nice, and by those who met at Ancyra, and by those who met at Neocæsarea, as well as by those who met at Gangra: in addition to these the canons adopted by those who met at Antioch in Syria, and by those who met at Laodicea in Phrygia; moreover by the 150 fathers who assembled in this divinely kept and imperial city, and by the 200 who were gathered in the metropolis of Ephesus, and by the 630 holy and blessed fathers who met at Chalcedon," etc., etc.There can be no doubt that this collection of canons was made at a very early date, and from the fact that the canons of the First Council of Constantinople do not appear, as they naturally would, immediately after those of Nice, we may not improbably conclude that the collection was formed before that council assembled. For it will be noticed that Nice, although not the earliest in date, takes the precedence as being of ecumenical rank. And this is expressly stated in the caption to the canons of Ancyra according to the reading in the Paris Edition of Balsamon. "The canons of the holy Fathers who assembled at Ancyra; which are indeed older than those made at Nice, but placed after them, on account of the authority (authentian) of the Ecumenical Synod."
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(Hammond, Definitions of Faith and Canons of Discipline, pp. 134 and 135.)
That this collection was made and received by the Church previous to the Council of Chalcedon is evident from the manner in which several of the Canons are quoted in that Council. Thus in the 4th Action, in the matter of Carosus and Dorotheus, who had acknowledged Dioscorus as Bishop, though he had been deposed from his bishopric, "the holy Synod said, let the holy Canons of the Fathers be read, and inserted in the records; and Actius the Archdeacon taking the book read the 83d Canon, If any Bishops, etc. And again the 84th Canon, concerning those who separate themselves, If any Presbyter," etc. These Canons are the 4th and 5th of Antioch. Again, in the 11th Action, in the matter of Bassianus and Stephanus who disputed about the Bishopric of Ephesus, both requested the Canons to be read, "And the Judges said, Let the Canons be read. And Leontius Bishop of Magnesia read the 95th Canon, If any Bishop, etc., and again out of the same book the 96th Canon, If any Bishop," etc. These Canons are the 16th and 17th of Antioch. Now if we add together the different Canons in the Code of the Universal Church in the order in which they follow in the enumeration of them by the Council of Trullo and in other documents, we find that the 4th and 5th of Antioch, are the 83d and 84th of the whole Code, and the 16th and 17th of Antioch, the 95th and 96th. Nice 20, Ancyra 25, Neocæsarea 14, Gangra 20; all which make 79. Next come those of Antioch, the 4th and 5th of which therefore will be respectively the 83d and 84th, and the 16th and 17th the 95th and 96th.
The fact of the existence of such a code does not prove by any means that it was the only collection extant at the time nor that it was universally known. In fact we have good reason, as we shall see in connexion with the Council of Sardica, to believe that in many codices, probably especially in the West, the canons of that council followed immediately after those of Nice, and that without any break or note whatever. But we know that the number of canons attributed to Nice must have been twenty or else the numbering of the codex read from at Chalcedon would be quite inexplicable. It would naturally suggest itself to the mind that possibly the divergence in the canonical codes was the result of the local feelings of East and West with regard to the decrees of Sardica. But this supposition, plausible as it appears, must be rejected, since at the Quinisext Council, where it is not disputed there was a strong anti-Western bias, the canons of Sardica are expressly enumerated among those which the fathers receive as of Ecumenical authority. It will be noticed that the code set forth by the Council in Trullo differs from the code used at Chalcedon by having the so-called "Canons of the Apostles" prefixed to it, and by having a large number of other canons, including those of Sardica, appended, of which more will be said when treating of that Council.
The order which I have followed my justly be considered as that of the earliest accepted codex canonum, at least of the East.
Emperors.--Constantine and Licinius.
Elenchus.
Historical Note.
The Canons with the Ancient Epitome and Notes.
Excursus to Canon XIX on Digamy.
The disciplinary decrees of this council possess a singular interest as being the first enacted after the ceasing of the persecution of the Christians and as providing for the proper treatment of the lapsed. Recently two papyri have been recovered, containing the official certificates granted by the Roman government to those who had lapsed and offered sacrifice. These apostates were obliged to acknowledge in public their adhesion to the national religion of the empire, and then were provided with a document certifying to this fact to keep them from further trouble. Dr. Harnack (Preussische Jahrbücher) writing of the yielding of the lapsed says:
"The Church condemned this as lying and denial of the faith, and after the termination of the persecution, these unhappy people were partly excommunicated, partly obliged to submit to severe discipline. Who would ever suppose that the records of their shame would come doom to our time?--and yet it has actually happened. Two of these papers have been preserved, contrary to all likelihood, by the sands of Egypt which so carefully keep what has been entrusted to them. The first was found by Krebs in a heap of papyrus, that had come to Berlin; the other was found by Wessely in the papyrus collection of Archduke Rainer. `I, Diogenes, have constantly sacrificed and made offerings, and have eaten in your presence the sacrificial meat, and I petition you to give me a certificate.' Who to-day, without deep emotion, can read this paper and measure the trouble and terror of heart under which the Christians of that day collapsed?"
Notes.
Zonaras.
Of those that yielded to the tyrants in the persecution, and offered sacrifice, some, after having been subjected to torture, being unable to withstand to the end its force and intensity, were conquered, and denied the faith; some, through effeminacy, before they experienced any suffering, gave way, and lest they should seem to sacrifice voluntarily they persuaded the executioners, either by bribes or entreaties, to manifest perhaps a greater degree of severity against them, and seemingly to apply the torture to them, in order that sacrificing under these circumstances they might seem to have denied Christ, conquered by force, and not through effeminacy.
Hefele.
It was quite justifiable, and in accordance with the ancient and severe discipline of the Church, when this Synod no longer allowed priests, even when sincerely penitent, to discharge priestly functions. It was for this same reason that the two Spanish bishops, Martial and Basilides, were deposed, and that the judgment given against them was confirmed in 254 by an African synod held under St. Cyprian.
The reader will notice how clearly the functions of a presbyter are set forth in this canon as they were understood at that time, they were "to offer" (prospherein), "to preach" (homilein), and "to perform any act of sacerdotal function" (leitourgein ti ton hieratikon leitourgion).
This canon is in the Corpus Juris Canonici Decretum. Pars I., Dist. l., c. xxxii.
For Ancient Epitome see above under Canon I.
In this canon the work and office of a deacon as then understood is set forth, viz.: "to bring forth" (whatever that may mean) "bread or wine" (arton e poterion anapherein) and "to act the herald" (kerussein). There is considerable difference of opinion as to the meaning of the first of these expressions. It was always the duty of the deacon to serve the priest, especially when he ministered the Holy Communion, but this phrase may refer to one of two such ministrations, either to bringing the bread and wine to the priest at the offertory, and this is the view of Van Espen, or to the distribution of the Holy Sacrament to the people. It has been urged that the deacon had ceased to administer the species of bread before the time of this council, but Hefele shews that the custom had not entirely died out.
If I may be allowed to offer a suggestion, the use of the disjunctive e seems rather to point to the administration of the sacrament than to the bringing of the oblations at the offertory.
The other diaconal function "to act the herald" refers to the reading of the Holy Gospel, and to the numerous proclamations made by the deacons at mass both according to the Greek and Latin Rite.
This canon is in the Corpus Juris Canonici united with the foregoing. Decretum., Pars I., Dist. l., c. xxxii.
Notes.
In the translation the word "abused" is given as the equivalent of perischisthentas , which Zonaras translated, "if their clothes have been torn from their bodies," and this is quite accurate if the reading is correct, but Routh has found in the Bodleian several mss. which had perischethentas. Hefele adopts this reading and translates "declaring themselves to be Christians but who have subsequently been vanquished, whether their oppressors have by force put incense into their hands or have compelled them, etc." Hammond translates "and have been harassed by their persecutors forcibly putting something into their hands or who have been compelled, etc." The phrase is obscure at best with either reading.
This canon is in the Corpus Juris Canonici united to the two previous canons, Decretum, Pars I., Dist. l., c. xxxii.
Notes.
In the Greek the word for "full communion" is to teleion ("the perfection"), an expression frequently used by early writers to denote the Holy Communion. Vide Suicer, Thesaurus ad h. v.
Bingham.
[The Holy Communion was so called as being] that sacred mystery which unites us to Christ, and gives us the most consummate perfection that we are capable of in this world.
Notes.
Herbst and Routh have been followed by many in supposing that "oblation" (prosphora) in this canon refers to the sacrament of the altar. But this seems to be a mistake, as the word while often used to denote the whole act of the celebration of the Holy Eucharist, is not used to mean the receiving alone of that sacrament.
Suicer (Thesaurus s.v. prosphora) translates "They may take part in divine worship, but not actively," that is, "they may not mingle their offerings with those of the faithful."
Hefele.
But as those who cannot present their offerings during the sacrifice are excluded from the communion, the complete meaning of the canon is: "They may be present at divine service, but may neither offer nor communicate with the faithful."
Notes.
Zonaras.
But should any of those debarred from communion as penitents be seized with illness or in any other way be brought nigh to death, they may be received to communion; but in accordance with this law or distinction, that if they escape death and recover their health, they shall be altogether deprived again of communion until they have finished their six years penance.
Hammond.
"The Great Day," that is, Easter Day. The great reverence which the Primitive Church from the earliest ages felt for the holy festival of Easter is manifested by the application of the epithet Great, to everything connected with it. The preceding Friday, i.e., Good Friday, was called the Great Preparation, the Saturday, the Great Sabbath, and the whole week, the Great Week.
Notes.
Hefele.
Several Christians tried with worldly prudence, to take a middle course. On the one hand, hoping to escape persecution, they were present at the feasts of the heathen sacrifices, which were held in the buildings adjoining the temples; and on the other, in order to appease their consciences, they took their own food, and touched nothing that had been offered to the gods. These Christians forgot that St. Paul had ordered that meats sacrificed to the gods should be avoided, not because they were tainted in themselves, as the idols were nothing, but from another, and in fact a twofold reason: 1st, Because, in partaking of them, some had still the idols in their hearts, that is to say, were still attached to the worship of idols, and thereby sinned; and 2dly, Because others scandalized their brethren, and sinned in that way. To these two reasons a third may be added, namely, the hypocrisy and the duplicity of those Christians who wished to appear heathens, and nevertheless to remain Christians. The Synod punished them with two years of penance in the third degree, and gave to each bishop the right, at the expiration of this time, either to admit them to communion, or to make them remain some time longer in the fourth degree.
Notes.
Van Espen.
This canon shews how in the Church it was a received principle that greater penances ought to be imposed for the frequent commission of the same crime, and consequently it was then believed that the number of times the sin had been committed should be expressed in confession, that the penance might correspond to the sin, greater or less as the case may be, and the time of probation be accordingly protracted or remitted.
Notes.
[It will be noticed that this epitome does not agree with the canon, although Aristenus does not note the discrepancy.]
Van Espen.
From this canon we are taught that the circumstances of the sin that has been committed are to be taken into account in assigning the penance.
Aristenus.
When the ten years are past, he is worthy of perfection, and fit to receive the divine sacraments. Unless perchance an examination of the rest of his life demands his exclusion from the divine communion.
Notes.
Van Espen.
The case proposed to the synod and decided in this canon was as follows: When the bishop was willing to ordain two to the diaconate, one of them declared that he did not intend to bind himself to preserving perpetual continence, but intended to get married, because he had not the power to remain continent. The other said nothing. The bishop laid his hands on each and conferred the diaconate.
After the ordination it fell out that both got married, the question propounded is, What must be done in each case? The synod ruled that he who had made protestation at his ordination should remain in his ministry, "because of the license of the bishop," that is that he might contract matrimony after the reception of the diaconate. With regard to him who kept silence the synod declares that he should cease from his ministry.
The resolution of the synod to the first question shews that there was a general law which bound the deacons to continence; but this synod judged it meet that the bishops for just cause might dispense with this law, and this license or dispensation was deemed to have been given by the bishop if he ordained him after his protestation at the time of his ordination that he intended to be married, because he could not remain as he was; giving by the act of ordination his tacit approbation. Moreover from this decision it is also evident that not only was the ordained deacon allowed to enter but also to use matrimony after his ordination....Moreover the deacon who after this protestation entered and used matrimony, not only remained a deacon, but continued in the exercise of his ministry.
On the whole subject of Clerical Celibacy in the Early Church see the Excursus devoted to that matter.
This canon is found in the Corpus Juris Canonici. Decretum Pars I., Dist. xxviii, c. viii.
Notes.
Hefele.
This canon treats only of betrothed women (of the sponsalia de futuro) not of those who are married (of the sponsalia de præsenti). In the case of the latter there could be no doubt as to the duty of restitution. The man who was betrothed was, moreover, at liberty to receive his affianced bride who had been carried off or not.
Johnson.
Here Balsamon puts in a very proper cave, viz.: If he to whom she was espoused demand her to be his wife.
Compare St. Basil's twenty-second canon in his letter to Amphilochius, where it is so ruled.
Notes.
Hefele.
This canon does not speak generally of all those who sacrificed before baptism; for if a heathen sacrificed before having embraced Christianity, he certainly could not be reproached for it after his admission. It was quite a different case with a catechumen, who had already declared for Christianity, but who, during the persecution had lost courage, and sacrificed. In this case it might be asked whether he could still be admitted to the priesthood. The Council decided that a baptized catechumen could afterwards be promoted to holy orders.
Notes.
Hefele.
If the first part of the thirteenth canon is easy to understand, the second, on the contrary, presents a great difficulty; for a priest of a town could not in any case have the power of consecrating priests and deacons, least of all in a strange diocese. Many of the most learned men have, for this reason, supposed that the Greek text of the second half of the canon, as we have read it, is incorrect or defective. It wants, say they, poiein ti, or aliquid agere, i.e., to complete a religious function. To confirm this supposition, they have appealed to several ancient versions, especially to that of Isidore: sed nec presbyteris civitatis sine episcopi præcepto amplius aliquid imperare, vel sine auctoritate literarum ejus in unaquaque (some read en ekaste instead of en hetera) parochia aliquid agere. The ancient Roman ms. of the canons, Codex Canonum, has the same reading, only that it has provincia instead of parochia. Fulgentius Ferrandus, deacon of Carthage, who long ago made a collection of canons, translates in the same way in his Breviatio Canonum: Ut presbyteri civitatis sine jussu episcopi nihil jubeant, nec in unaquaque parochia aliquid agant. Van Espen has explained this canon in the same way.
Routh has given another interpretation. He maintained that there was not a word missing in this canon, but that at the commencement one ought to read, according to several mss. chorepiskopois in the dative, and further down alla men mede instead of alla mede then presbuterous (in the accusative) poleos and finally ekaste instead of hetera, and that we must therefore translate, "Chorepiscopi are not permitted to consecrate priests and deacons (for the country) still less (alla men mede) can they consecrate priests for the town without the consent of the bishop of the place." The Greek text, thus modified according to some mss., especially those in the Bodleian Library, certainly gives a good meaning. Still alla men mede does not mean, but still less: it means, but certainly not, which makes a considerable difference.
Besides this, it can very seldom have happened that the chorepiscopi ordained presbyters or deacons for a town; and if so, they were already forbidden, at least implicitly, in the first part of the canon.
Notes.
There is a serious dispute about the reading of the Greek text. I have followed Routh, who, relying on three mss. the Collectio of John of Antioch and the Latin versions, reads ei de bdelussointo instead of the ei de boulointo of the ordinary text, which as Bp. Beveridge had pointed out before has no meaning unless a me be introduced.
Zonaras points out that the canon chiefly refers to the Love feasts.
I cannot agree with Hefele in his translation of the last clause. He makes the reference to "this present canon," I think it is clearly to the 53 (52) of the so-called Canons of the Apostles, to kanoni "the well-known Canon."
Notes.
Hefele.
If the purchaser of ecclesiastical properties has realized more by the temporary revenue of such properties than the price of the purchase, the Synod thinks there is no occasion to restore him this price, as he has already received a sufficient indemnity from the revenue, and as, according to the rules then in force, interest drawn from the purchase money was not permitted. Besides, the purchaser had done wrong in buying ecclesiastical property during the vacancy of a see (sede vacante). Beveridge and Routh have shown that in the text anakaleisthai and prosodon must be read. [117]
Notes.
It is interesting to compare with this, as Van Espen does, the canon of the Church of England set forth in the tenth century under King Edgar, where, Part II., canon xvi., we read--
"If any one twenty years of age shall defile himself with a beast, or shall commit sodomy let him fast fifteen years; and if he have a wife and be forty years of age, and shall do such a deed let him abstain now and fast all the rest of his life, neither shall he presume until he is dying to receive the Lord's body. Youths and fools who shall do any such thing shall be soundly trounced."
Notes.
Leprosantas is from leproo not from leprao and therefore cannot mean "have been lepers," but "have made others rough and scabby." It is only in the passive and in Alexandrian Greek that it has the meaning to become leprous. Vide Liddell and Scott.
There seems but little doubt that the word is to be understood spiritually as suggested above.
The last word of the canon is also a source of confusion. Both Beveridge and Routh understand by the cheimazomenoi those possessed with devils. Suicer however (Thesaurus) thinks that the penitents of the lowest degree are intended, who had no right to enter the church, but were exposed in the open porch to the inclemencies (cheimon) of the weather. But, after all it matters little, as the possessed also were forced to remain in the same place, and shared the same name.
Besides the grammatical reason for the meaning of leprosantas given above there is another argument of Hefele's, as follows:
Hefele.
It is clear that leprosantas cannot possibly mean "those who have been lepers"; for there is no reason to be seen why those who were cured of that malady should have to remain outside the church among the flentes. Secondly, it is clear that the words leprous ontas, etc. are added to give force to the expression alogeusamenoi. The preceding canon had decreed different penalties for different kinds of alogeusamenoi. But that pronounced by canon xvii. being much severer than the preceding ones, the alogeusamenoi of this canon must be greater sinners than those of the former one. This greater guilt cannot consist in the fact of a literal leprosy; for this malady was not a consequence of bestiality. But their sin was evidently greater when they tempted others to commit it. It is therefore lepra in the figurative sense that we are to understand, and our canon thus means; "Those who were spiritually leprous through this sin, and tempting others to commit it made them leprous."
Notes.
If he wishes to be numbered among the presbyters, let him be so numbered. But if he shall be at outs with the bishops duly constituted there, let him be deprived of the honour of being even a presbyter.
The word I have translated "suspended from office and communion" is aphorizesthai . Suicer in his Thesaurus shews that this word does not mean only, as some have supposed, a deprivation of office and dignity (e.g., Van Espen), but also an exclusion from the communion of the Church.
Notes.
Hammond.
According to some of the ancient canons digamists were to be suspended from communion for one or two years, though Beveridge and others doubt whether the rule was not meant to apply to such marriages only as were contracted before a former one was dissolved. Bingham thinks that it was intended to discountenance marrying after an unlawful divorce. (Ant., Bk. xv, c. iv., § 18.) [119]
Hefele.
The first part of this canon regards all young persons--men as well as women--who have taken a vow of virginity, and who, having thus, so to speak, betrothed themselves to God are guilty of a quasi digamy in violating that promise. They must therefore incur the punishment of digamy (successiva) which, according to St. Basil the Great, consisted of one year's seclusion.
This canon is found in Gratian's Decretum (P. II., Causa xxvii., Q. i., c. xxiv.) as follows: "As many as have professed virginity and have broken their vow and contemned their profession shall be treated as digamists, that is as those who have contracted a second marriage."
The whole subject of second, and even of third and fourth marriages has a great interest for the student of early ecclesiastical legislation, and I shall therefore treat the matter here (as I shall hope) sufficiently and refer the reader for its fuller treatment to books more especially upon the subject.
The general position of the Church seems to have been to discourage all second marriages, and to point to a single matrimonial connexion as the more excellent way. But at the same time the principle that the marriage obligation is severed by death was universally recognised, and however much such fresh marriages may have been disapproved of, such disapproval did not rest upon any supposed adulterous character in the new connexion. I cite a portion of an admirable article upon the subject by an English barrister of Lincoln's Inn.
(J. M. Ludlow, in Smith and Cheetham, Dictionary of Christian Antiquities, sub voce Digamy.)
Although among the earlier Romans [120] there was one form of marriage which was indissoluble, viz., that by confarreatio, still generally a second marriage either after death or divorce was by no means viewed with disfavour....Meanwhile an intensifying spirit of asceticism was leading many in the Church to a condemnation of second marriage in all cases. Minucius Felix (Octavius, c. 31, § 5) only professes on behalf of the Christians a preference for monogamy. Clement of Alexandria (a.d. 150-220) seems to confine the term marriage to the first lawful union (Stromata, Bk. ii.)....It would seem, however, that when these views were carried to the extent of absolute prohibition of second marriages generally by several heretical sects, the Montanists (see Augustine, De Hæresibus, c. xxvi.), the Cathari (ib., c. xxxviii.), and a portion at least of the Novatianists (see Cotel., Patr. Apol., vol. i., p. 91, n. 16) the Church saw the necessity of not fixing such a yoke on the necks of the laity. The forbiddance of second marriage, or its assimilation to fornication, was treated as one of the marks of heresy (Augustin. u. s.; and see also his De Bono Vid., c. vi.). The sentiment of Augustine (in the last referred to passage) may be taken to express the Church's judgment at the close of the fourth century: "Second marriages are not to be condemned, but had in less honour," and see also Epiphanius, in his Exposition of the Catholic Faith.
To these remarks of Mr. Ludlow's, I may add that St. Ambrose had written (De Viduis, c. xi.), "We do not prohibit second marriages, but we do not approve marriages frequently reiterated." St. Jerome had spoken still more strongly (Ep. lxvii., Apol. pro libris adv. Jovin.), "I do not condemn digamists, or even trigamists or, if such a thing can be said, octagamists." It does not seem that the penance which was imposed in the East upon those entering into second nuptials was imposed in the West. The Corpus Juris Canonici contains two decretals, one of Alexander III. and another of Urban III., forbidding priests to give the nuptial benediction in cases of reiterated marriage. In the East at second marriages the benediction of the crown is omitted and "propitiatory prayers" are to be said. Mr. Ludlow points out that in the "Sanctions and Decrees," falsely attributed to the Council of Nice and found in Mansi (vol. ii., col. 1029) it is expressly stated that widowers and widows may marry, but that "the blessing of the crowns is not to be imparted to them, for this is only once given, at first marriages, and is not to be repeated....But if one of them be not a widower or widow, let such one alone receive the benediction with the paranymphs, those whom he will."
Notes.
Hefele.
The simplest explanation of this canon is "that the man or woman who has violated the marriage bond shall undergo a seven years' penance"; but many reject this explanation, because the text says auton tuchein and consequently can refer only to the husband. Fleury and Routh think the canon speaks, as does the seventieth of Elvira, of a woman who has broken the marriage tie with the knowledge and consent of her husband. The husband would therefore in this case be punished for this permission, just as if he had himself committed adultery. Van Espen has given another explanation: "That he who marries a woman already divorced for adultery is as criminal as if he had himself committed adultery." But this explanation appears to us more forced than that already given; and we think that the Greek commentators Balsamon and Zonaras were right in giving the explanation we have offered first as the most natural. They think that the Synod punished every adulterer, whether man or woman, by a seven years' penance. There is no reason for making a mistake because only the word auton occurs in the passage in which the penalty is fixed; for auton here means the guilty party, and applies equally to the woman and the man: besides, in the preceding canon the masculine hosoi epangellomenoi includes young men and young women also. It is probable that the Trullan Synod of 692, in forming its eighty-seventh canon, had in view the twentieth of Ancyra. The sixty-ninth canon of Elvira condemned to a lighter punishment--only five years of penance--him who had been only once guilty of adultery.
Notes.
The phrase "and to this some have assented" is the translation of Hervetus, Van Espen, and Hefele. Dr. Routh suggests to understand hai and translate, "the same punishment will be inflicted on those who assist in causing miscarriages," but this seems rather an unnatural and strained rendering of the Greek.
Notes.
Van Espen.
It is noteworthy how singularly appositely [Constantine] Harmenopulus the Scholiast in the Epitom. Canonum., Sect. v., tit. 3, tells the following story: "In the time of the Patriarch Luke, a certain bishop gave absolution in writing to a soldier who had committed voluntary homicide, after a very short time of penance; and afterwards when he was accused before the synod of having done so, he defended himself by citing the canon which gives bishops the power of remitting or increasing the length of their penance to penitents. But he was told in answer that this was granted indeed to pontiffs but not that they should use it without examination, and with too great lenity. Wherefore the synod subjected the soldier to the canonical penance and the bishop it mulcted for a certain time, bidding him cease from the exercise of his ministry."
Notes.
Van Espen.
Of voluntary and involuntary homicides St. Basil treats at length in his Canonical Epistle ad Amphilochium, can. viii., lvi. and lvii., and fixes the time of penance at twenty years for voluntary and ten years for involuntary homicides. It is evident that the penance given for this crime varied in different churches, although it is clear from the great length of the penance, how enormous the crime was considered, no light or short penance being sufficient.
Notes.
I read ethnon for chronon and accordingly translate "of the heathen."
Van Espen.
It is greatly to be desired that bishops and pastors to-day would take example from the fathers of Ancyra and devote their attention strenuously to eliminate superstition from the people, and would expound with animation to the people the enormity of this crime.
Notes.
I have followed the usual translation "hanged herself," which is the ordinary dictionary-meaning of apancho, but Hefele says that it signifies any and every variety of suicides.
Balsamon.
In this case we have many nefarious crimes committed, fornication, unlawful marriage [i.e. with the sister of one's mistress] and murder. In that case [mentioned by St. Basil in Canon lxxviii. where only seven years penance is enjoined] there is only a nefarious marriage [i.e. with a wife's sister].
(Hefele thinks somewhat later, but before 325.)
Elenchus.
Historical Note.
The Canons with the Ancient Epitome and Notes.
The Synod gathered together at Neocæsarea, which is a city of Pontus, is next in order after that of Ancyra, and earlier in date than the rest, even than the First Ecumenical Synod at Nice. In this synod the Holy Fathers gathered together, among whom was the holy Martyr Basil, bishop of Amasea, adopted canons for the establishing of ecclesiastical order as follow--
Notes.
Aristenus.
A presbyter who marries is removed from the exercise of the priesthood but retains his honour and seat. But he that commits fornication or adultery is cast forth altogether and put to penance.
Van Espen.
These fathers [i.e. of Neocæsarea] shew how much graver seemed to them the sin of the presbyter who after ordination committed fornication or adultery, than his who took a wife. For the former they declare shall simply be deposed from his order or deprived of the dignity of the Priesthood, but the latter is to "be altogether cast out, and put to penance."...Therefore such a presbyter not only did they remove from the priestly functions, or the dignity of the priesthood, but perfectly or altogether cast him out of the Church.
This canon Gratian has inserted in the Corpus Juris Canonici. Decretum. Pars I., Dist. xxviii., c. ix. Gratian has followed Isidore in adding after the word "penance" the words "among the laity" (inter laicos) which do not occur in the Greek, (as is noted by the Roman Correctors) nor in the version of Dionysius Exiguus; these same correctors fall however themselves into a still graver error in supposing that criminous clerks in the early days of the Church were sent out to wander over the country, as Van Espen well points out.
On the whole subject of the marriage of the clergy in the Early Church see the Excursus devoted to that subject.
Notes.
It will be carefully observed that this canon has no provision for the case of a man marrying two sisters. It is the prohibited degree of brother's wife, not that of wife's sister which is in consideration. Of course those who hold that the affinity is the same in each case will argue from this canon by parity of reasoning, and those who do not accept that position will refuse to do so.
In the Greek text of Balsamon (Vide Beveridge, Synod.) after the first clause is added, "if she will not be persuaded to loose the marriage."
Van Espen.
The meaning of this canon seems to be that which Balsamon sets forth, to wit, that if a woman at the point of death or in extremis promises that if she gets better she will dissolve the marriage, or make a divorce, or abstain from the sacrilegious use of matrimony, then "she may be received to penance as an act of mercy"; and surely she is immediately absolved from the excommunication inflicted upon her when she was cast out and extruded from the Church. For it is certain that according to the discipline of the Fathers he was thought to be loosed from excommunication whoever was admitted to penance, and it is of this that the canon speaks; [123] but he did not obtain perfect reconciliation until his penance was done.
To this performance of penance this woman was to be admitted if she got well and dissolved the marriage according to her promise made when she was in peril of death, as the Greek commentators note; and this too is the sense given by Isidore.
Notes.
Hefele.
As the Greek commentators have remarked, this canon speaks of those who have been married more than twice. It is not known what were the ancient ordinances of penitence which the synod here refers to. In later times digamists were condemned to one year's penance, and trigamists from two to five years. St. Basil places the trigamists for three years among the "hearers," and then for some time among the consistentes.
Van Espen.
"The appointed time of penance is well known." These words Zonaras notes must refer to a custom, for, says he, "before this synod no canon is found which prescribes the duration of the penance of bigamists [i.e. digamists]." It is for this reason that St. Basil says (in Epist. ad Amphilogium, Can. 4) in speaking of the penance of trigamists "we have received this by custom and not by canon, but from the following of precedent," hence the Fathers received many things by tradition, and observed these as having the force of law.
From the last clause of this canon we see the mind of the Fathers of this synod, which agrees with that of Ancyra and Nice, that; with regard to the granting of indulgences, for in shortening the time of penance, attention must be paid to the penitence, and conversation, or "conversation and faith" of each one separately.
With this agrees Zonaras, whose remarks are worthy of consideration. On this whole subject of the commutation of the primitive penance and of the rise of the modern indulgences of the Roman Church Van Espen has written at length in his excursus De Indulgentiis (Jure Eccles., P. I. i., Tit. vii.) in which he assigns the change to the end of the XIth century, and remarks that its introduction caused the "no small collapse of penitential discipline." [124]
This canon is found in the Corpus Juris Canonici, Gratian, Decretum, Pars II., Causa xxxi., Quæst. i., c. viii. where for "conversio," (anastrophe) is read "conversatio," and the Greek word is used in this sense in Polybius, and frequently so in the New Testament.
Notes.
Hefele.
Instead of hepithumesai we must read, with Beveridge and Routh, who rely upon several mss., epithumesas. They also replace met' autes by aute.
The meaning of the canon appears to me to be very obscure. Hefele refers to Van Espen and adopts his view, and Van Espen in turn has adopted Fleury's view and given him credit for it, referring to his Histoire Ecclesiastique, Lib. X., xvii. Zonaras' and Balsamon's notes are almost identical, I translate that of the latter in full.
Balsamon.
In sins, the Fathers say, there are four stages, the first-motion, the struggle, the consent, and the act: the first two of these are not subject to punishment, but in the two others the case is different. For neither is the first impression nor the struggle against it to be condemned, provided that when the reason receives the impression it struggles with it and rejects the thought. But the consent thereto is subject to condemnation and accusation, and the action to punishment. If therefore anyone is assailed by the lust for a woman, and is overcome so that he would perform the act with her, he has given consent, indeed, but to the work he has not come, that is, he has not performed the act, and it is manifest that the grace of God has preserved him; but he shall not go off with impunity. For the consent alone is worthy of punishment. And this is plain from canon lxx. of St. Basil, which says; "A deacon polluted in lips (en cheilesi)" or who has approached to the kiss of a woman "and confesses that he has so sinned, is to be interdicted his ministry," that is to say is to be prohibited its exercise for a time. "But he shall not be deemed unworthy to communicate in sacris with the deacons. The same is also the case with a presbyter. But if anyone shall go any further in sin than this, no matter what his grade, he shall be deposed." Some, however, interpret the pollution of the lips in another way; of this I shall speak in commenting on Canon lxx. of St. Basil. [125]
Notes.
Zonaras.
There are two sorts of catechumens. For some have only just come in and these, as still imperfect, go out immediately after the reading of the scriptures and of the Gospels. But there are others who have been for some time in preparation and have attained some perfection; these wait after the Gospel for the prayers for the catechumens, and when they hear the words "Catechumens, bow down your heads to the Lord," they kneel down. These, as being more perfect, having tasted the good words of God, if they fall, are removed from their position; and are placed with the "hearers"; but if any happen to sin while "hearers" they are cast out of the Church altogether.
Notes.
Van Espen.
That the reason of the canon may be understood it must be noted that in the first ages of the Church catechumens were examined concerning their faith before they were baptized, and were made publicly to confess their faith and to renounce openly the pomps of the world, as Albaspinæus (Aubespine) observes on this canon, "A short while before they were immersed they declared with a loud voice that they desired baptism and wished to be baptized. And since these confessions could not be made by those still shut up in their parent's womb, to them the thing (res) and grace of baptism could not come nor penetrate." And altogether in accord with this is the translation of Isidore-- "because the free will of each one is declared in that confession," that is, in that confession he declares that he willingly desires to be baptized.
Notes.
Hefele.
The meaning of the canon is as follows: "If the digamist, after contracting his second marriage, comes to the priest to be told the punishment he has to undergo, how stands the priest himself who for the sake of the feast has become his accomplice in the offence?"
Van Espen.
The present canon again shews that although the Church never disapproved of, nor reputed second or still later marriages illicit, nevertheless the Fathers enjoined a penance upon digamists and those repeating marriage, because by this iteration they shewed their incontinence. As he that contracted a second marriage did not sin properly speaking, and committed no fault worthy of punishment, therefore whatever was amiss was believed to be paid off by a lighter penance, and Zonaras supposes that the canons inflicted a mulct upon digamists, for saith he, "Digamists are not allowed for one year to receive the Holy Gifts."
Zonaras seems to indicate that the discipline of the canon was not in force in his time, for he says, "Although this is found in our writings, yet we ourselves have seen the Patriarch and many Metropolitans present at the feast for the second nuptials of the Emperor."
Notes.
Van Espen.
Although the Eastern Church allows the clergy to have wives, even priests, and permits to them the use of marriage after ordination, nevertheless it requires of them the highest conjugal continency, as is seen by the present canon. For here it is evident that the Fathers wished even the smallest possible kind of incontinence to be absent from men dedicated to holiness.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Dist. xxxiv., c. xi.
Notes.
Van Espen.
Therefore if he who before his ordination had committed a sin of the flesh with a woman, confess it after ordination, when he is already a priest, he cannot perform the priestly office, he can neither offer nor consecrate the oblations, even though after his ordination he has preserved uprightness of living and been careful to exercise virtue; as the words "zeal in other respects" ("studious of good") Zonaras rightly interprets.
And since here the consideration is of a sin committed before ordination, and also concerning a presbyter who after his ordination was of spotless life, and careful to exercise virtue, the Fathers rightly wished that he should not, against his will, be deposed from the priestly office.
It is certainly curious that this canon speaks of ordination as in the opinion of most persons taking away all sins except consummated carnal offences. And it will be noted that the aphienai must mean more than that they are forgiven by ordination, for they had been forgiven long ago by God upon true contrition, but that they were made to be non-existent, as if they had never been, so that they were no hinderance to the exercise of the spiritual office. I offer no explanation of the difficulty and only venture to doubt the satisfactory character of any of the explanations given by the commentators. Moreover it is hard to grasp the logical connexion of the clauses, and what this "blotting out" of ta loipa has to do with the matter I entirely fail to see. The kai after polloi may possibly suggest that something has dropped out.
This canon and the following are together in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa xv., Quæst. viii., c. i.
Notes.
Hefele.
By ministers (huperetai) are meant inferior officers of the Church--the so-called minor orders, often including the subdeacons.
This canon is in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa xv., Quæst. viii., united with canon ix., and in the following curious form: "Similiter et diaconus, si in eodem culpæ genere fuerit involutus, sese a ministerio cohibebit."
Notes.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Dist. lxxviii., c. iv.
Gratian.
(Ut supra, Nota.)
This is the law, and we do not read that Christ, or John the Baptist, or Ezechiel, or some other of the Prophets prophesied or preached before that age. But Jeremiah and Daniel we read received the spirit of prophecy before they had arrived even at youth, and David and Solomon are found to have been anointed in their youth, also John the Evangelist, while still a youth, was chosen by the Lord for an Apostle, and we find that with the rest he was sent forth to preach: Paul also, as we know, while still a young man was called by the Lord, and was sent out to preach. The Church in like manner, when necessity compels, is wont to ordain some under thirty years of age.
For this reason Pope Zacharias in his Letter to Boniface the Bishop, number vi., which begins "Benedictus Deus" says,
C. v. In case of necessity presbyters may be ordained at xxv. years of age.
If men thirty years old cannot be found, and necessity so demand, Levites and priests may be ordained from twenty-five years of age upwards.
Van Espen.
The power of dispensing was committed to the bishop, and at length it was so frequently exercised that in the space of one century [i.e. by the end of the xiith century] the law became abrogated, which was brought about by necessity, so that it passed into law that a presbyter could be ordained at twenty-five. And from this it may appear how true it is that there is no surer way of destroying discipline and abrogating law than the allowing of dispensations and relaxations. Vide Thomassinus, De Disc. Eccles., Pars. IV., Lib. I., cap. 46.
Notes.
The word used in the Greek for "baptized" is "illuminated" (photisthe), a very common expression among the ancients.
Aristenus.
He that is baptised by reason of illness, and, therefore come to his illumination not freely but of necessity, shall not be admitted to the priesthood unless both these conditions concur, that there are few suitable men to be found and that he has endured a hard conflict after his baptism.
With this interpretation agree also Zonaras and Balsamon, the latter expressly saying, "If one of these conditions is lacking, the canon must be observed." Not only has Isidore therefore missed the meaning by changing the copulative into the disjunctive conjunction (as Van Espen points out) but Beveridge has fallen into the same error, not indeed in the canon itself, but in translating the Ancient Epitome.
Zonaras explains that the reason for this prohibition was the well-known fact that in those ages baptism was put off so as the longer to be free from the restraints which baptism was considered to impose. From this interpretation only Aubespine dissents, and Hefele points out how entirely without reason.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum., Pars. I., Dist. lvii., c. i.
Notes.
Routh reads the last clause in the plural, in this agreeing with Dionysius Exiguus and Isidore. In many mss. this canon is united with the following and the whole number given as 14.
This canon is found in the Corpus Juris Canonici, Pars I., Dist. xcv., c. xii. And the Roman correctors have added the following notes.
Roman Correctors.
(Gratian ut supra.)
"Nor to give the sacrificed bread and to hand the chalice;" otherwise it is read "sanctified" [sanctificatum for sacrificatum]. The Greek of the council is arton didonai en euche; but Balsamon has arton euches, that is, "the bread of the mystic prayer."
Instead of "let them only who are called for giving the prayer, etc.," read kai eis euchen klethe monos didosin, that is: "and only he that shall have been called to the mystic prayer, shall distribute."
Notes.
Van Espen.
The reference to the Seventy seems to intimate that the Synod did not hold the chorepiscopi to be true bishops, as such were always reputed and called successors, not of the Seventy disciples but successors of the Twelve Apostles. It is also clear that their chief ministry was thought to be the care of the poor.
Zonaras and Balsamon would seem to agree in this with Van Espen. See on the whole subject the Excursus on the Chorepiscopi.
Notes.
This canon was observed in Rome and it was not until the xith century that the number of the Seven Cardinal Deacons was changed to fourteen. That Gratian received it into the Decretum (Pars. I., Dist. XCIII., c. xii.) is good evidence that he considered it part of the Roman discipline. Eusebius [128] gives a letter of Pope Cornelius, written about the middle of the third century, which says that at that time there were at Rome forty-four priests, seven deacons, and seven subdeacons; and that the number of those in inferior orders was very great. Thomassinus says that, "no doubt in this the Roman Church intended to imitate the Apostles who only ordained seven deacons. But the other Churches did not keep themselves so scrupulously to that number." [129]
In the acts of the Council of Chalcedon it is noted that the Church of Edessa had fifteen priests and thirty-eight deacons. [130]And Justinian, we know, appointed one hundred deacons for the Church of Constantinople. Van Espen well points out that while this canon refers to a previous law on the subject, neither the Council itself, nor the Greek commentators Balsamon or Zonaras give the least hint as to what that Canon was.
The Fathers of Neocæsarea base their limiting of the number of deacons to seven in one city upon the authority of Holy Scripture, but the sixteenth canon of the Quinisext Council expressly says that in doing so they showed they referred to ministers of alms, not to ministers at the divine mysteries, and that St. Stephen and the rest were not deacons at all in this latter sense. The reader is referred to this canon, where to defend the practice of Constantinople the meaning of the canon we are considering is entirely misrepresented.
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