7 ecumenical councils - XII.


I.

If anyone shall not confess that the nature or essence of the Father, of the Son, and of the Holy Ghost is one, as also the force and the power; [if anyone does not confess] a consubstantial Trinity, one Godhead to be worshipped in three subsistences or Persons: let him be anathema. For there is but one God even the Father of whom are all things, and one Lord Jesus Christ through whom are all things, and one Holy Spirit in whom are all things.

II.

If anyone shall not confess that the Word of God has two nativities, the one from all eternity of the Father, without time and without body; the other in these last days, coming down from heaven and being made flesh of the holy and glorious Mary, Mother of God and always a virgin, and born of her: let him be anathema.

III.

IF anyone shall say that the wonder-working Word of God is one [Person] and the Christ that suffered another; or shall say that God the Word was with the woman-born Christ, or was in him as one person in another, but that he was not one and the same our Lord Jesus Christ, the Word of God, incarnate and made man, and that his miracles and the sufferings which of his own will he endured in the flesh were not of the same [Person]: let him be anathema.

IV.

If anyone shall say that the union of the Word of God to man was only according to grace or energy, or dignity, or equality of honour, or authority, or relation, or effect, or power, or according to good pleasure in this sense that God the Word was pleased with a man, that is to say, that he loved him for his own sake, as says the senseless Theodorus, or [if anyone pretends that this union exists only] so far as likeness of name is concerned, as the Nestorians understand, who call also the Word of God Jesus and Christ, and even accord to the man the names of Christ and of Son, speaking thus clearly of two persons, and only designating disingenuously one Person and one Christ when the reference is to his honour, or his dignity, or his worship; if anyone shall not acknowledge as the Holy Fathers teach, that the union of God the Word is made with the flesh animated by a reasonable and living soul, and that such union is made synthetically and hypostatically, and that therefore there is only one Person, to wit: our Lord Jesus Christ, one of the Holy Trinity: let him be anathema. As a matter of fact the word “union” (th" enwsew") has many meanings, and the partisans of Apollinaris and Eutyches have affirmed that these natures are confounded inter se, and have asserted a union produced by the mixture of both. On the other hand the followers of Theodorus and of Nestorius rejoicing in the division of the natures, have taught only a relative union. Meanwhile the Holy Church of God, condemning equally the impiety of both sorts of heresies, recognises the union of God the Word with the flesh synthetically, that is to say, hypostatically. For in the mystery of Christ the synthetical union not only preserves unconfusedly the natures which are united, but also allows no separation.

V.

If anyone understands the expression “one only Person of our Lord Jesus Christ” in this sense, that it is the union of many hypostases, and if he attempts thus to introduce into the mystery of Christ two hypostases, or two Persons, and, after having intro- duced two persons, speaks of one Person only out of dignity, honour or worship, as both Theodorus and Nestorius insanely have written; if anyone shall calumniate the holy Council of Chalcedon, pretending that it made use of this expression [one hypostasis] in this impious sense, and if he will not recognize rather that the Word of God is united with the flesh hypostatically, and that therefore there is but one hypostasis or one only Person, and that the holy Council of Chalcedon has professed in this sense the one Person of our Lord Jesus Christ: let him be anathema. For since one of the Holy Trinity has been made man, viz.: God the Word, the Holy Trinity has not been increased by the addition of another person or hypostasis.

VI.

IF anyone shall not call in a true acceptation, but only in a false acceptation, the holy, glorious, and ever-virgin Mary, the Mother of God, or shall call her so only in a relative sense, believing that she bare only a simple man and that God the word was not incarnate of her, but that the incarnation of God the Word resulted only from the fact that he united himself to that man who was born [of her];1 if he shall calumniate the Holy Synod of Chalcedon as though it had asserted the Virgin to be Mother of God according to the impious sense of Theodore; or if anyone shall call her the mother of a man anqrwpotokon or the Mother of Christ (Xristotokon), as if Christ were not God, and shall not confess that she is exactly and truly the Mother of God, because that God the Word who before all ages was begotten of the Father was in these last days made flesh and born of her, and if anyone shall not confess that in this sense the holy Synod of Chalcedon acknowledged her to be the Mother of God: let him be anathema.

VII.

IF anyone using the expression, “in two natures,” does not confess that our one Lord Jesus Christ has been revealed in the divinity and in the humanity, so as to designate by that expression a difference of the natures of which an ineffable union is unconfusedly made, [a union] in which neither the nature of the Word was changed into that of the flesh, nor that of the flesh into that of the Word, for each remained that it was by nature, the union being hypostatic; but shall take the expression with regard to the mystery of Christ in a sense so as to divide the parties, or recognising the two natures in the only Lord Jesus, God the Word made man, does not content himself with taking in a theoretical manner2 the difference of the natures which compose him, which difference is not destroyed by the union between them, for one is composed of the two and the two are in one, but shall make use of the number [two] to divide the natures or to make of them Persons properly so called: let him be anathema.3

VIII.

IF anyone uses the expression “of two natures,” confessing that a union was made of the Godhead and of the humanity, or the expression “the one nature made flesh of God the Word,” and shall not so understand those expressions as the holy Fathers have taught, to wit: that of the divine and human nature there was made an hypostatic union, whereof is one Christ; but from these expressions shall try to introduce one nature or substance [made by a mixture] of the Godhead and manhood of Christ; let him be anathema. For in teaching that the only-begotten Word was united hypostatically [to humanity] we do not mean to say that there was made a mutual confusion of natures, but rather each [nature] remaining what it was, we understand that the Word was united to the flesh. Wherefore there is one Christ, both God and man, consubstantial with the Father as touching his Godhead, and consubstantial with us as touching his manhood. Therefore they are equally condemned and anathematized by the Church of God, who divide or part the mystery of the divine dispensation of Christ, or who introduce confusion into that mystery.

IX.

IF anyone shall take the expression, Christ ought to be worshipped in his two natures, in the sense that he wishes to introduce thus two adorations, the one in special relation to God the Word and the other as pertaining to the man; or if anyone to get rid of the flesh, [that is of the humanity of Christ,] or to mix together the divinity and the humanity, shall speak monstrously of one only nature or essence (fusin hgoun ousian) of the united (natures), and so worship Christ, and does not venerate, by one adoration, God the Word made man, together with his flesh, as the Holy Church has taught from the beginning: let him be anathema.

X.

IF anyone does not confess that our Lord Jesus Christ who was crucified in the flesh is true God and the Lord of Glory and one of the Holy Trinity: let him be anathema.

XI.

IF anyone does not anathematize Arius, Eunomius, Macedonius, Apollinaris, Nestorius, Eutyches and Origen, as well as their impious writings, as also all other heretics already condemned and anathematized by the Holy Catholic and Apostolic Church, and by the aforesaid four Holy Synods and [if anyone does not equally anathematize] all those who have held and hold or who in their impiety persist in holding to the end the same opinion as those heretics just mentioned: let him be anathema.
Notes.

Hefele.


(Hist. Councils, Vol. iv., p. 336).

Halloix, Garnier, Basnage, Walch and others suppose, and Vincenzi maintains with great zeal, that the name of Origen is a later insertion in this anathematism, because (a) Theodore Ascidas, the Origenist, was one of the most influential members of the Synod, and would certainly have prevented a condemnation of Origen; further, (b) because in this anathematism only such heretics would be named as had been condemned by one of the first four Ecumenical Synods, which was not the case with Origen; (c) because this anathematism is identical with the tenth in the omologia of the Emperor, but in the latter the name of Origen is lacking; and, finally, (d) because Origen does not belong to the group of heretics to whom this anathematism refers. His errors were quite different.

All these considerations scent to me of insufficient strength, or mere conjecture, to make an alteration in the text, and arbitrarily to remove the name of Origen. As regards the objection in connection with Theodore Ascidas, it is known that the latter had already pronounced a formal anathema on Origen, and certainly he did the same this time, if the Emperor wished it or if it seemed advisable. The second and fourth objections have little weight. In regard to the third (c) it is quite possible that either the Emperor subsequently went further than in his omologia, or that the bishops at the fifth Synod, of their own accord, added Origen, led on perhaps by one or another anti-Origenist of their number. What, however, chiefly determines us to the retention of the text is: (a) that the copy of the synodal Ac extant in the Roman archives, which has the highest credibility, and was probably prepared for Vigilius himself, contains the name of Origen in the eleventh anathematism; and (b) that the monks of the new Lama in Palestine, who are known to have been zealous Origenists, withdrew Church communion from the bishops of Palestine after these had subscribed the Ac of the fifth Synod. In the anathema on the Three Chapters these Origenists could find as little ground for such a rupture as their friends and former colleague Ascidas; it could only be by the synod attacking their darling Origen. (c) Finally, only on the ground that the name of Origen really stood in the eleventh anathematism, can we explain the widely-circulated ancient rumour that our Synod anathematized Origen and the Origenists).

XII.

IF anyone defends the impious Theodore of Mopsuestia, who has said that the Word of God is one person, but that another person is Christ, vexed by the sufferings of the soul and the desires of the flesh, and separated little by little above that which is inferior, and become better by the progress in good works and irreproachable in Iris manner of life, as a mere man was baptized in the name of the Father, and of the Son, and of the Holy Ghost, and obtained by this baptism the grace of the Holy Spirit, and became worthy of Sonship, and to be worshipped out of regard to the Person of God the Word (just as one worships the image of an emperor) and that he is become, after the resurrection, unchangeable in his thoughts and altogether without sin. And, again, this same impious Theodore has also said that the union of God the Word with Christ is like to that which, according to the doctrine of the Apostle, exists between a man and his wife, “They twain shall be in one flesh.” The same [Theodore] has dared, among numerous other blasphemies, to say that when after the resurrection the Lord breathed upon his disciples, saying, “Receive the Holy Ghost,” he did not really give them the Holy Spirit, but that he breathed upon them only as a sign. He likewise has said that the profession of faith made by Thomas when he had, after the resurrection, touched the hands and the side of the Lord, viz.: “My Lord and my God,” was not said in reference to Christ, but that Thomas, filled with wonder at the miracle of the resurrection, thus thanked God who had raised up Christ. And moreover (which is still more scandalous) this same Theodore in his Commentary on the Ac of the Apostles compares Christ to Plato, Manichaeus, Epicurus and Marcion, and says that as each of these men having discovered his own doctrine, had given his name to his disciples, who were called Platonists, Manicheans, Epicureans and Marcionites, just so Christ, having discovered his doctrine, had given the name Christians to his disciples. If, then, anyone shall defend this most impious Theodore and his impious writings, in which he vomits the blasphemies mentioned above, and countless others besides against our Great God and Saviour Jesus Christ, and if anyone does not anathematize him or his impious writings, as well as all those who protect or defend him, or who assert that his exegesis is orthodox, or who write in favour of him and of his impious works, or those who share the same opinions, or those who have shared them and still continue unto the end in this heresy: let him be anathema.

XIII.

IF anyone shall defend the impious writings of Theodoret, directed against the true faith and against the first holy Synod of Ephesus and against St. Cyril and his XII. Anathemas, and [defends] that which he has written in defence of the impious Theodore and Nestorius, and of others having the same opinions as the aforesaid Theodore and Nestorius, if anyone admits them or their impiety, or shall give the name of impious to the doctors of the Church who profess the hypostatic union of God the Word; and if anyone does not anathematize these impious writings and those who have held or who hold these sentiments, and all those who have written contrary to the true faith or against St. Cyril and his XII. Chapters, and who die in their impiety: let him be anathema.

XIV.

IF anyone shall defend that letter which Ibas is said to have written to Maris the Persian, in which he denies that the Word of God incarnate of Mary, the Holy Mother of God and ever-virgin, was made man, but says that a mere man was born of her, whom he styles a Temple, as though the Word of God was one Person and the man another person; in which letter also he reprehends St. Cyril as a heretic, when he teaches the right faith of Christians, and charges him with writing things like to the wicked Apollinaris. In addition to this he vituperates the First Holy Council of Ephesus, affirming that it deposed Nestorius without discrimination and without examination. The aforesaid impious epistle styles the XII. Chapters of Cyril of blessed memory, impious and contrary to the right faith and defends Theodore and Nestorius and their impious teachings and writings. If anyone therefore shall defend the aforementioned epistle and shall not anathematize it and those who defend it and say that it is right or that a part of it is right, or if anyone shall defend those who have written or shall write in its favour, or in defence of the impieties which are contained in it, as well as those who shall presume to defend it or the impieties which it contains in the name of the Holy Fathers or of the Holy Synod of Chalcedon, and shall remain in these offences unto the end: let him be anathema.
Excursus on the XV Anathemas Against Origen.


That Origen was condemned by name in the Eleventh Canon of this council there seems no possible reason to doubt. I have given in connexion with that canon a full discussion of the evidence upon which our present text rests. But there arises a further question, to wit, Did the Fifth Synod examine the case of Origen and finally adopt the XV. Anathemas against him which are usually found assigned to it? It would seem that with the evidence now in our possession it would be the height of rashness to give a dogmatic answer to this question. Scholars of the highest repute have taken, and do take to-day, the opposite sides of the case, and each defends his own side with marked learning and ability. To my mind the chief difficulty in supposing these anathematisms to have been adopted by the Fifth Ecumenical is that nothing whatever is said about Origen in the call of the council, nor in any of the letters written in connexion with it; all of which would seem unnatural had there been a long discussion upon the matter, and had such an important dogmatic definition been adopted as the XV. Anathemas, and yet on the other hand there is a vast amount of literature subsequent in date to the council which distinctly attributes a detailed and careful examination of the teaching of Origen and a formal condemnation of him and of it to this council.

The XV. Anathemas as we now have them were discovered by Peter Lambeck, the Librarian of Vienna, in the XVIIth century; and bear, in the Vienna ms., the heading, “Canons, of the 165 holy Fathers of the holy fifth Synod, held in Constantinople.” But despite this, Walch (Ketzerhist., Vol. 7,, p. 661 et seqq. and 671; Vol. viij., p. 281 et seqq).; Dollinger (Church History, Eng. Trans., Vol. 5,, p. 203 et seqq).; Hefele (Hist. Councils, Vol. iv., p. 221 sq)., and many others look upon this caption as untrustworthy. Evagrius, the historian, distinctly says that Origen was condemned with special anathemas at this Council, but his evidence is likewise (and, as it seems to me, too peremptorily) set aside.

Cardinal Noris, in his Dissertatio Historica de Synodo Quinta, is of opinion that Origen was twice condemned by the Fifth Synod; the first time by himself before the eight sessions of which alone the acts remain, and again after those eight sessions, in connexion with two of his chief followers, Didymus the Blind and the deacon Evagrius. The Jesuit, Jn Garnier wrote in opposition to Noris; but his work, while exceedingly clever, is considered by the learned to contain (as Hefele says) “many statements [which] are rash, arbitrary, and inaccurate, and on the whole it is seen to be written in a spirit of opposition to Noris.”4 In defence of Noris’s main contention came forward the learned Ballerini brothers, of Verona. In their Defensio dissertationis Norisianoe de Syn. V. adv. diss. P. Garnerii, they expand and amend Noris’s hypothesis. But after all is said the matter remains involved in the greatest obscurity, and it is far easier to bring forward objections to the arguments in defence of either view than to bring forward a theory which will satisfy all the conditions of the problem).

Those who deny that the XV. Anathemas were adopted by the Fifth Synod agree in assigning them to the “Home Synod,” that is a Synod at Constantinople of the bishops subject to it, in a.d. 543. Hefele takes this view and advocates it with much cogency, but confesses frankly, “We certainly possess no strong and decisive proof that the fifteen anathematisms belong to the Constantinopolitan synod of the year 543; but some probable grounds for the opinion may be adduced.5 This appears to be a somewhat weak statement with which to overthrow so much evidence as there can be produced for the opposite view. For the traditional view the English reader will find a complete defence in E. B. Pusey, What is of Faith with regard to Eternal Punishment?

Before closing it will be well to call the attention of the reader to these words now found in the acts as we have them:

“And we found that many others had been anathematised after death, also even Origen; and if any one were to go back to the times of Theophilus of blessed memory or further he would have found him anathematised after death; which also now your holiness and Vigilius, the most religious Pope of Old Rome has done in his case.”6 It would seem that this cannot possibly refer to anything else than a condemnation of Origen by the Fifth Ecumenical Synod, and so strongly is Vincenzi, Origen’s defender, impressed with this that he declares the passage to have been tampered with. But even if these anathemas were adopted at the Home Synod before the meeting of the Fifth Ecumenical, it is clear that by including his name among those of the heretics in the XIth Canon, it practically ratified and made its own the action of that Synod.

The reader will be glad to know Harnack’s judgment in this matter. Writing of the Fifth Council, he says: “It condemned Origen, as Justinian desired; it condemned the Three Chapters and consequently the Antiochene theology, as Justinian desired,” etc., and in a foot-note he explains that he agrees with “Noris, the Ballerini, Moller (R. Encykl., xi., p. 113) and Loofs (pp. 287, 291) as against Hefele and Vincenzi.”7 A few pages before, he speaks of this last author’s book as “a big work which falsities history to justify the theses of Halloix, to rehabilitate Origen and Vigilius, and on the other hand to ‘remodel’ the Council and partly to bring it into contempt.”8 Further on he says: “The fifteen anathemas against Origen, on which his condemnation at the council was based, contained the following points. ... Since the ‘Three Chapters’ were condemned at the same time, Origen and Theodore were both got rid of. ... Origen’s doctrines of the consummation, and of spirits and matter might no longer be maintained. The judgment was restored to its place, and got back even its literal meaning.”9
The Anathemas Against Origen.

I.

IF anyone asserts the fabulous pre-existence of souls, and shall assert the monstrous restoration which follows from it: let him be anathema.

II.

IF anyone shall say that the creation (thu paragwghn) of all reasonable things includes only intelligences (noa") without bodies and altogether immaterial, having neither number nor name, so that there is unity between them all by identity of substance, force and energy, and by their union with and knowledge of God the Word; but that no longer desiring the sight of God, they gave themselves over to worse things, each one following his own inclinations, and that they have taken bodies more or less subtile, and have received names, for among the heavenly Powers there is a difference of names as there is also a difference of bodies; and thence some became and are called Cherubims, others Seraphims, and Principalities, and Powers, and Dominations, and Thrones, and Angels, and as many other heavenly orders as there may be: let him be anathema.

III.

IF anyone shall say that the sun, the moon and the stars are also reasonable beings, and that they have only become what they are because they turned towards evil: let him be anathema.

IV.

IF anyone shall say that the reasonable creatures in whom the divine love had grown cold have been hidden in gross bodies such as ours, and have been called men, while those who have attained the lowest degree of wickedness have shared cold and obscure bodies and are become and called demons and evil spirits: let him be anathema,.

V.

IF anyone shall say that a psychic (yukikhn) condition has come from an angelic or archangelic state, and moreover that a demoniac and a human condition has come from a psychic condition, and that from a human state they may become again angels and demons, and that each order of heavenly virtues is either all from those below or from those above, or from those above and below: let him be anathema.

VI.

IF anyone shall say that there is a twofold race of demons, of which the one includes the souls of men and the other the superior spirits who fell to this, and that of all the number of reasonable beings there is but one which has remained unshaken in the love and contemplation of God, and that that spirit is become Christ and the king of all reasonable beings, and that he has created1 all the bodies which exist in heaven, on earth, and between heaven and earth; and that the world which has in itself elements more ancient than itself, and which exists by themselves, viz.: dryness, damp, heat and cold, and the image (idean) to which it was formed, was so formed, and that the most holy and consubstantial Trinity did not create the world, but that it was created by the working intelligence (Nou" dhmiourgo") which is more ancient than the world, and which communicates to it its being: let him be anathema.

VII.

IF anyone shah say that Christ, of whom it is said that he appeared in the form of God, and that he was united before all time with God the Word, and humbled himself in these last days even to humanity, had (according to their expression) pity upon the divers falls which had appeared in the spirits united in the same unity (of which he himself is part), and that to restore them he passed through divers classes, had different bodies and different names, became all to all, an Angel amongAngels, a Power among Powers, has clothed I himself in the different classes of reasonable beings with a form corresponding to that class, and finally has taken flesh and blood like ours and is become man for men; [if anyone says all this] and does not profess that God the Word humbled himself and became man: let him be anathema.

VIII.

IF anyone shall not acknowledge that God the Word, of the same substance with the Father and the Holy Ghost, and who was made flesh and became man, one of the Trinity, is Christ in every sense of the word, but [shall affirm] that he is so only in an inaccurate manner, and because of the abasement (kenwsanta), as they call it, of the intelligence (nou"); if anyone shall affirm that this intelligence united (sunhmmenon) to God the Word, is the Christ in the true sense of the word, while the Logos is only called Christ because of this union with the intelligence, and e converse thatthe intelligence is only called God because of the Logos: let him be anathema.

IX.

IF anyone shall say that it was not the Divine Loges made man by taking an animated body with a yukh logikh and noera, that he descended into hell and ascended into heaven, but shall pretend that it is the Nou" which has done this, that Nou" of which they say (in an impious fashion) he is Christ properly so called, and that he is become so by the knowledge of the Monad: let him be anathema.

X.

IF anyone shall say that after the resurrection the body of the Lord was ethereal, having the form of a sphere, and that such shall be the bodies of all after the resurrection; and that after the Lord himself shall have rejected his true body and after the others who rise shall have rejected theirs, the nature of their bodies shall be annihilated: let him be anathema.

XI.

IF anyone shall say that the future judgment signifies the destruction of the body and that the end of the story will be an immaterial yusi", and that thereafter there will no longer be any matter, but only spirit nou"): let him be anathema.

XII.

IF anyone shall say that the heavenly Powers and all men and the Devil and evil spirits are united with the Word of God in all respects, as the Nou" which is by them called Christ and which is in the form of God, and which humbled itself as they say; and [if anyone shall say] that the Kingdom of Christ shall have an end: let him be anathema.

XIII.

IF anyone shall say that Christ [i.e., the Nou" is in no wise different from other reasonable beings, neither substantially nor by wisdom nor by his power and might over all things but that all will be placed at the right hand of God, as well as he that is called by them Christ [the Nou", as also they were in the reigned pre-existence of all things: let him be anathema.

XIV.

IF anyone shall say that all reasonable beings will one day be united in one, when the hypostases as well as the numbers and the bodies shall have disappeared, and that the knowledge of the world to come will carry with it the ruin of the worlds, and the rejection of bodies as also the abolition of [all] names, and that there shall be finally an identity of the gnpsi" and of the hypostasis; moreover, that in this pretended apocatastasis, spirits only will continue to exist, as it was in the reigned pre-existence: let him be anathema.

XV.

IF anyone shall say that the life of the spirits (nopn) shall be like to the life which was in the beginning while as yet thespirits had not come down or fallen, so that the end and the beginning shall be alike, and that the end shall be the true measure of the beginning: let him be anathema).
The Anathematisms of the Emperor Justinian Against Origen.1


 (Labbe and Cossart, Concilia, Tom. 5,, col. 677).

I.

Whoever says or thinks that human souls pre-existed, i.e., that they had previously been spirits and holy powers, but that, satiated with the vision of God, they had turned to evil, and in this way the divine love in them had died out (apyugeisa") and they had therefore become souls (yuka") and had been condemned to punishment in bodies, shall be anathema.

II.

If anyone says or thinks that the soul of the Lord pre-existed and was united with God the Word before the Incarnation and Conception of the Virgin, let him be anathema.

III.

 If anyone says or thinks that the body of our Lord Jesus Christ was first formed in the womb of the holy Virgin and that afterwards there was united with it God the Word and the pre-existing soul, let him be anathema.

IV.

If anyone says or thinks that the Word of God has become like to all heavenly orders, so that for the cherubim he was a cherub, for the seraphim a seraph: in short, like all the superior powers, let him be anathema.

V.

If anyone says or thinks that, at the resurrection, human bodies will rise spherical in form and unlike our present form, let him be anathema.

VI.

 If anyone says that the heaven, the sun, the moon, the stars, and the waters that are above heavens, have souls, and are reasonable beings, let him be anathema.

VII.

If anyone says or thinks that Christ the Lord in a future time will be crucified for demons as he was for men, let him be anathema.

VIII.

If anyone says or thinks that the power of God is limited, and that he created as much as he was able to compass, let him be anathema.

IX.

 If anyone says or thinks that the punishment of demons and of impious men is only temporary, and will one day have an end, and that a restoration (apokatastasi") will take place of demons and of impious men, let him be anathema.

Anathema to Origen and to that Adamantius, who set forth these opinions together with his nefarious and execrable and wicked doctrine2 and to whomsoever there is who thinks thus, or defends these opinions, or in any way hereafter at any time shall presume to protect them).
The Decretal Epistle of Pope Vigilius in Confirmation of the Fifth Ecumenical Synod.

Historical Note.

 (Fleury. Hist. Eccl., Liv. 33,52).


At last the Pope Vigilius resigned himself to the advice of the Council, and six months afterwards wrote a letter to the Patriarch Eutychius, wherein he confesses that he has been wanting in charity in dividing from his brethren. He adds, that one ought not to be ashamed to retract, when one recognises the truth, and brings forward the example of Augustine. He says, that, after having better examined the matter of the Three Chapters, he finds them worthy of condemnation. “We recognize for our brethren and colleagues all those who have condemned them, and annul by this writing all that has been done by us or by others for the defence of the three chapters.”

(The manuscript from which this letter was printed was found in the Royal Library of Paris by Peter de Marca and by him first published, with a Latin translation and with a dissertation. Both of these with the Greektext are found in Labbe and Cossart’s Concilia, Tom. V., col. 596 et seqq.; also in Migne’s Patr. Lat., Tom. LXIX., col. 121 et seqq. Some doubts have been expressed about its genuineness and Harduin is of opinion that the learned Jesuit, Garnerius, in his notes on the Deacon Leberatus’s Breviary, has proved its supposititious character. But the learned have not generally been of this mind but have accepted the letter as genuine).

Vigilius to his beloved brother Eutychius.

No one is ignorant of the scandals which the enemy of the human race has stirred up in all the world: so that he made each one with a wicked object in view, striving in some way to fulfil his wish to destroy the Church of God spread over the whole world, not only in his own name but even in ours and in those of others to compose diverse things as well in words as in writing; in so much that he attempted to divide us who, together with our brethren and fellow bishops, are stopping in this royal city, and who defend with equal reverence the four synods, and sincerely persist in the one and the same faith of those four synods, by his sophistries and machinations he tried to part from them; so that we ourselves who were and are of the same opinion as they touching the faith, went apart into discord, brotherly love being despised.1

But since Christ our God, who is the true light, whom the darkness comprehendeth not, hath removed all confusion from our minds, and hath so recalled peace to the whole world and to the Church, so that what things should be defined by us have been healthfully fulfilled through the revelation of the Lord and through the investigation of the truth.

Therefore, my dear brothers, I do you to wit, that in common with all of you, our brethren, we receive in all respects the four synods, that is to say the Nicene, the Constantinopolitan, the first Ephesian, and the Chalcedonian; and we venerate them with devout mind, and watch over them with all our mind. And should there be any who do not follow these holy synods in all things which they have defined concerning the faith, we judge them to be aliens to the communion of the holy and Catholic Church.

Wherefore on account of our desire that you, my brothers, should know what we have done in this matter, we make it known to you by this letter. For no one can doubt how many were the discussions raised on account of the Three Chapters, that is, concerning Theodore, sometime bishop of Mopsuestia, and his writings, as well as concerning the writings of Theodoret, and concerning that letter which is said to have been written by Ibas to Maris the Persian: and how diverse were the things spoken and written concerning these Three Chapters. Now if in every busi- ness sound wisdom demands that there should be a retractation of what was propounded after examination, there ought to be no shame when what was at first omitted is made public after it is discovered by a further study of the truth). [And if this is the case in ordinary affairs] how much more in ecclesiastical strifes should the same dictate of sound reason be observed? Especially since it is manifest that our Fathers, and especially the blessed Augustine, who was in very sooth illustrious in the Divine Scriptures, and a master in Roman eloquence, retracted some of his own writings, and corrected some of his own sayings, and added what he had omitted and afterward found out. We, led by their example never gave over the study of the questions raised by the controversy with regard to the before-mentioned Three Chapters, nor our search for passages in the writings of our Fathers which were applicable to the matter.

As a result of this investigation it became evident that in the sayings of Theodore of Mopsuestia (which are spoken against on all hands) there are contained very many things contrary to the right faith and to the teachings of the holy Fathers; and for this very reason these same holy Fathers have left for the instruction of tile Church treatises which they had written against him.

For among other blasphemies of his we find that he openly said that God the Word was one [Person] and Christ another [Person], vexed with the passions of the soul and with the desires of the flesh, and that he little by little advanced from a lower to a higher stage of excellence by the improvement (prokiph, per profectum operum) of his works, and became irreprehensible in his manner of life.2 And further he taught that it was a mere man who was baptized in the Name of the Father and of the Son and of the Holy Ghost, and that he received through ilia baptism the grace of the Holy Spirit, and merited his adoption; and therefore that Christ could be venerated in the same way that the image of the Emperor is venerated as being the persona (ei" proswpon) of God the Word. And he also taught that [only] after his resurrection he became immutable in his thoughts and altogether impeccable.

Moreover he said that the union of the Word of God was made with Christ as the Apostle says the union is made between a man and his wife: They twain shall be one flesh; and that after his resurrection, when the Lord breathed upon his disciples and said, Receive tile Holy Ghost, he did not give to them the Holy Spirit. In like strain of profanity he dared to say that the confession which Thomas made, when he touched the hands and side of the Lord after his resurrection, saying, My Lord and my God, did not apply to Christ (for Theodore did not acknowledge Christ to be God); but that Thomas gave glory to God being filled with wonder at the miracle of the resurrection, and so said these words.

But what is still worse is this, that in interpreting the Ac of the Apostles, Theodore makes Christ like to Plato, and Manichaeus, and Epicurus, and Marcian, saying: Just as each of these were the authors of their own peculiar teachings, and called their disciples after their own names, Platonists, and Munichaeans, and Epicureans, and Marcionites, just so Christ invented dogmas and called his followers Christians after himself.

Let therefore the whole Catholic Church know that justly and irreproachably we have arrived at the conclusions contained in this our constitution. Wherefore we condemn and anathematize Theodore, formerly bishop of Mopsuestia, and his impious writings, together with all other heretics, who (as is manifest) have been condemned and anathematized by the four holy Synods aforesaid, and by the Catholic Church: also the writings of Theodoret which are opposed to the right faith, and are against the Twelve Chapters of St. Cyril, and against the first Council of Ephesus, which were written by him in defence of Theodore and Nestorius.

Moreover we anathematize and condemn the letter to the Persian heretic Maris, which is said to have been written by Ibas, which denies that Christ the Word was incarnate of the holy Mother of God and ever-virgin Mary, and was made man, but declares that a mere man was born of her, and this man it styles a temple, so from this we are given to understand that God the Word is one [Person] and Christ another [Person]. Moreover it calumniates Saint Cyril, the master and herald of the orthodox faith, calling him a heretic, and charging him with writing things similar to Apollinaris; and it reviles the first Synod of Ephesus, as having condemned Nestorius without deliberation or investigation; it likewise declares the twelve chapters of St. Cyril to be impious and contrary to the right faith; and further still it defends Theodore and Nestorius, and their impious teachings and writings.Therefore we anathematize and condemn the aforesaid impious Three Chapters, to-wit, the impious Theodore of Mopsuestia and his impious writings; And all that Theodoret impiously wrote, as well as the letter said to have been written by Ibas, in which are contained the above mentioned profane blasphemies. We likewise subject to anathema whoever shall at any time believe that these chapters should be received or defended; or shall attempt to subvert this present condemnation.

And further we define that they are our brethren and fellow-priests who ever keep the right faith set forth by those afore-mentioned synods, and shall have condemned the above-named Three Chapters, or even do now condemn them.

And further we annul and evacuate by this present written definition of ours whatever has been said by me (a me) or by others in defence of the aforesaid Three Chapters.

Far be it from the Catholic Church that anyone should say that all the blasphemies above related or they who held and followed such things, were received by the before-mentioned four synods or by any one of them. For it is most clear, that no one was admittedby the before-mentioned holy Fathers and especially by the Council of Chalcedon, about whom there was any suspicion, unless he hadfirst repelled the above-named blasphemies and all like to them, or else had denied and condemned the heresy or blasphemies of which he was suspected.

Subscription.

May God preserve thee in health, most honourable brother. Dated VI. Id. Dec. in the xxijd year of our lord the Emperor Justinian, eternal Augustus, the xijth year after the consulate of the illustrious Basil.3
Historical Excursus on the After History of the Council.


Pope Vigilius died on his way home, but not until, as we have seen, he had accepted and approved the action of the council in doing exactly that which he “by the authority of the Apostolic See” in his Constitutum had forbidden it to do.4 He died at the end of 554 or the beginning of 555.

Pelagius I., who succeeded him in the See of Rome, likewise confirmed the Ac of the Fifth Synod. The council however was not received in all parts of the West, although it had obtained the approval of the Pope. It was bitterly opposed in the whole of tile north of Italy, in England, France, and Spain, and also in Africa and Asia. The African opposition died out by 559, but Milan was in schism until 571, when Pope Justin II. published his “Henoticon.” In Istria the matter was still more serious, and when in 607 the bishop of Aquileia-Grado with those of his suffragans who were subject to the Empire made their submission and were reconciled to the Church, the other bishops of his jurisdiction set up a schismatical Patriarchate at old Aquileia, and this schism continued till the Council of Aquileia in 700. But before this the II. Council of Constantinople was received all the world over as the Fifth Ecumenical Council; and was fully recognized as such by the Sixth Council in 680).
The Sixth Ecumenical Council.; The Third Council of Constantinople.

a.d. 680–681

Emperor.—Constantine Pogonatus.

Pope.—Agatho I.


Elenchus.
Historical Introduction.


The Sixth Ecumenical Council met on November 7, 680, for its first session, and ended its meetings, which are said to have been eighteen in number, on September 16th of the next year. The number of bishops present was under three hundred and the minutes of the last session have only 174 signatures attached to them.

When the Emperor first summoned the council he had no intention that it should be ecumenical. From the Sacras it appears that he had summoned all the Metropolitans and bishops of the jurisdiction of Constantinople, and had also informed the Archbishop of Antioch that he might send Metropolitans and bishops. A long time before he had written to Pope Agatho on the subject.

When the synod assembled however, it assumed at its first session the title “Ecumenical,” and all the five patriarchs were represented, Alexandria and Jerusalem having sent deputies although they were at the time in the hands of the infidel.

In this Council the Emperor presided in person surrounded by high court officials. On his right sat the Patriarchs of Constantinople and Antioch and next to them the representative of the Patriarch of Alexandria. On the Emperor’s left were seated the representatives of the Pope. In the midst were placed, as usual, the Holy Gospels. After the eleventh session however the Emperor was no longer able to be present, but returned and presided at the closing meeting.

The sessions of the council were held in the domed hall (or possibly chapel) in the imperial palace; which, the Ac tell us, was called Trullo (en w sekretw tou qeiou palatiou tm outm legomenw Troullw).

It may be interesting to remark that the Sacras sent to the bishops of Rome and Constantinople are addressed, the one to “The Most holy and Blessed Archbishop of Old Rome and Ecumenical Pope,” and the other to “The Most holy and Blessed Archbishop of Constantinople and Ecumenical Patriarch.” Some of the titles given themselves by the signers of the “Prosphoneticus” are interesting— “George, an humble presbyter of the holy Roman Church, and holding the place of the most blessed Agatho, ecumenical Pope of the City of Rome ... ,” “John, an humble deacon of the holy Roman Church and holding the place of the most blessed Agatho, and ecumenical Pope of the City of Rome

,” “George, by the mercy of God bishop of Constantinople which is New Rome,” “Peter a presbyter and holding the place of the Apostolic See of the great city Alexandria

,” “George, an humble presbyter of the Holy Resurrection of Christ our God, and holding the place of Theodore the presbyter, beloved of God, who holds the place of the Apostolic See of Jerusalem ... ,”“John, by the mercy of God bishop of the City of Thessalonica, and legate of the Apostolic See of Rome,” “John, the unworthy bishop of Portus, legate of the whole Council of the holy Apostolic See of Rome,” “Stephen, by the mercy of God, bishop of Corinth, and legate of the Apostolic See of Old Rome.”
Extracts from the Acts. Session I.

 (Labbe and Cossart, Concilia, Tom. VI., col. 609 et seqq).


[After a history of the assembly of the Council, the Ac begin with the Speech of the Papal Legatee, as follows:]

Most benign lord, in accordance with the Sacra to our most holy Pope1 from your God-instructed majesty, we have been sent by him to the most holy footsteps of your God-confirmed serenity, bearing with us his suggestion (ajnaFora`", suggestione) as well as the other suggestion of his Synod equally addressed to your divinely preserved Piety by the venerable bishops subject to it, which also we offered to your God-crowned Fortitude. Since, then, during the past forty-six years, more or less, certain novelties in expression, contrary to the Orthodox faith, have been introduced by those who were at several times bishops of this, your royal and God-preserved city, to wit: Sergius, Paul, Pyrrhus, and Peter, as also by Cyrus, at one time archbishop of the city of Alexandria, as well also as by Theodore, who was bishop of a city called Pharan, and by certain others their followers, and since these things have in no small degree brought confusion into the Church throughout the whole world, for they taught dogmatically that there was but one will in the dispensation of the Incarnation of our Lord Jesus Christ, one of the Holy Trinity, and one operation; and since many times your servant, our apostolic see, has fought against this, and then prayed against it, and by no means been able, even up to now, to draw away from such a depraved opinion its advocates, we beseech your God-crowned fortitude, that such as share these views of the most holy church of Constantinople may tell us, what is the source of this new-fangled language.

[Answer of the Monothelites made at the Emperor’s bidding:]We have brought out no new method of speech, but have taught whatever we havereceived from the holy Ecumenical Synods, and from the holy approved Fathers, as well as from the archbishops of this imperial city, to wit: Sergius, Paul, Pyrrhus, and Peter, as also from Honorius who was Pope of Old Rome, and from Cyrus who was Pope of Alexandria, that is to say with reference to will and operation, and so we have believed, and so we believe, so we preach; and further we are ready to stand by, and defend this faith).
The Letter of Agatho, Pope of Old Rome, to the Emperor

Addressed to the Sixth Council


(Read at the Fourth Session, November 15, at the request of George, Patriarch of Constantinople and his Suffragans).
Introductory Note.


(Bossuet, Defensio Cler. Ga Lib. VII., cap. xxiv).

All the fathers spoke one by one, and only after examination were the letters of St. Agatho and the whole Western Council approved. Agatho, indeed, and the Western Bishops put forth their decrees thus [ ‘We have directed persons from our humility to your valour protected of God, which shall offer to you the report of us all, that is, of all the Bishops in the Northern or Western Regions, in which too we have summed up the confession of our Apostolic Faith, yet1 ] not as those who wished to contend about these things as being uncertain, but, being certain and unchangeable to see them forth in a brief definition, [suppliantly beseeching you that, by the favour of your sacred majesty, you would command these same things to be preached to all, and to have force with all.’ ] Undoubtedly, therefore, so far as in them lay, they defined the matter. The question was, whether the other Churches throughout the world would agree, and a matter so great was only made clear after Episcopal examination. But the high, magnificent, yet true expressions, which St. Agatho had used of his See, namely, that resting on the promise of the Lord it had never turned aside from the path of truth, and that its Pontiffs, the predecessors of Agatho, who were charged in the person of Peter to strengthen their brethren, had ever discharged that office, this the Fathers of the Council hear and receive. But not the less they examine the matter, they inquire into the decrees of Roman Pontiffs, and, after inquiry held, approve Agatho’s decrees, condemn those of Honorius: a certain proof that they did not understand Agatho’s expressions as if it were necessary to receive without discussion every decree of Roman Pontiffs even deride, inasmuch as they are subjected to the supreme and final examination of a General Council: but as if these expressions taken as a whole, in their total, hold good in the full and complete succession of Peter, as we have often said, and in its proper place shall say at greater length.

————————————

(Found in Migne, Pat. Lat., Tom. LXXXVII., col. 1161; L. and C., Tom. VI., col. 630).

Agatho a bishop and servant of the servants of God to the most devout and serene victors and conquerors, our most beloved sons and lovers of God and of our Lord Jesus Christ, the Emperor Constantine the Great, and to Heraclius and Tiberius, Augustuses.

While contemplating the various anxieties of human life, and while groaning with vehement weeping before the one true God, in prayer that he might impart to my wavering soul the comfort of his divine mercy, and might lift me by his right hand out of the depths of grief and anxiety, I most gratefully recognize, my most illustrious lords and sons, that your purpose [i.e. of holding a Council] afforded me deep and wonderful consolation. For it was most pious and emanated from your most meek tranquillity, taught by the divine benignity for the benefit of the Christian commonwealth divinely entrusted to your keeping, that your imperial power and clemency might have a care to enquire diligently concerning the things of God (through whom Kings do reign, who is himself King of Kings and Lord of Lords) and might seek after the truth of his spotless faith as it has been handed down by the Apostles and by the Apostolic Fathers, and be zealously affected to command that in all the churches the pure tradition be held. And that no one may be ignorant of this pious intention of yours, or suspect that we have been compelled by force, and have not freely consented to the carrying into effect of the imperial decrees touching the preaching of our evangelical faith which was addressed to our predecessor Donus, a pontiff of Apostolic memory, they have through our ministry been sent to and entirely approved by all nations and peoples; for these decrees Holy Spirit by his grace dictated to the tongue of the imperial pen, out of the treasure of a pure heart, as the words of an adviser not of an oppressor, defending himself, not looking with contempt upon others; not afflicting, but exhorting; and inviting to those things which are of God in godly wise, because he, the Maker and Redeemer of all men, who had he come in the majesty of his Godhead into the world, might have terrified mortals, preferred to descend through his inestimable clemency and humility to the estate of us whom he had created and thus to redeem us, who also expects from us a willing confession of the true faith.

And this it is that the blessed Peter, the prince of the Apostles, teaches: “Feed the flock of Christ which is among you, not by constraint, but willingly, exhorting it according to God.” Therefore, encouraged by these imperial decrees, O most meek lords of all things, and relieved from the depths of affliction and raised to the hope of consolation, I have begun, refreshed somewhat by a better confidence, to comply with promptness with the flyings which were sometime ago bidden by the Sacra of your gentlest fortitude, and am endeavouring in obedience therewith to find persons, such as our deficient times and the quality of this obedient province permit, and taking advice with my fellow-servant bishops, as well concerning the approaching synod of this Apostolic See, as concerning our own clergy, the lovers of the Christian Empire, and, afterwards concerning the religious servants of God, that I might exhort them to follow in haste the footsteps of your most pious Tranquillity. And, were it not that the great compass of the provinces, in which our humility’s council is situated had caused so great a loss of time, our servitude a while ago could have fulfilled with studious obedience what even now has scarcely been done. For while from the various provinces a council has been gathering about us, and while we have been able to select some persons of those from this very Roman city immediately subject to your most serene power, or from those near by, others again we have been obliged to wait for from far distant provinces, in which the word of Christian faith was preached by those sent by the predecessors of my littleness; and thus quite a space of time has elapsed: and I pass over my bodily pains in consequence of which life to a perpetually suffering person is neither possible nor pleasant. Therefore, most Christian lords and sons, in accordance with the most pious jussio of your God-protected clemency, we have had a care to send, with the devotion of a prayerful heart (from the obedience we owe you, not because we relied on the [superabundant] knowledge of those whom we send to you), our fellow-servants here present, Abundantius, John, and John, our most reverend brother bishops, Theodore and George our most beloved sons and presbyters, with our most beloved son John, a deacon, and with Constantine, a subdeacon of this holy spiritual mother, the Apostolic See, as well as Theodore, the presbyter legate of the holy Church of Ravenna and the religious servants of God the monks. For, among men placed amid the Gentiles, and earning their daily bread by bodily labour with considerable distraction, how could a knowledge of the Scriptures, in its fulness, be found unless what has been canonically defined by our holy and apostolic predecessors, and by the venerable five councils, we preserve in simplicity of heart, and without any distorting keep the faith come to us from the Fathers, always desirous and endeavouring to possess that one and chiefest good, viz.: that nothing be diminished from the things canonically defined, and that nothing be changed nor added thereto, but that those same things, both in words and sense, be guarded untouched? To these same commissioners we also have given the witness of some of the holy Fathers, whom this Apostolic Church of Christ receives, together with their books, so that, having obtained from the power of your most benign Christianity the privilege of suggesting, they might out of these endeavour to give satisfaction, (when your imperial Meekness shall have so commanded) as to what this Apostolic Church of Christ, their spiritual mother and the mother of your God-sprung empire, believes and preaches, not in words of worldly eloquence, which are not at the command of ordinary men, but in the integrity of the apostolic fifth, in which having been taught from the cradle, we pray that we may serve and obey the Lord of heaven, the Propagator of your Christian empire, even unto the end. Consequently, we have granted them faculty or authority with your most tranquil mightiness, toafford satisfaction with simplicity whenever your clemency shall command, it being enjoined on them as a limitation that they presume not to add to, take away, or to change anything; but that they set forth this tradition of the Apostolic See in all sincerity as it has been taught by the apostolic pontiffs, who were our predecessors. For these delegates we most humbly implore with bent knees of the mind your clemency ever full of condescension, that agreeably to the most benign and most august promise of the imperial Sacra, your Christlike Tranquillity may deem them worthy of acceptance and may deign to give a favourable hearing to their most humble suggestions. Thus may your meekest Piety find the ears of Almighty God open to your prayers, and may you order that they return to their own unharmed in their rectitude of our Apostolic faith, as well as in the integrity of their bodies. And thus may the supernal Majesty restore to the benign rule of your government through the most heroic and unconquerable labours of your God-strengthened clemency, the whole Christian commonwealth, and may he subdue hostile nations to your mighty sceptre, that there may be satisfaction from this time forth to every soul and to all nations, because what you deigned to promise solemnly by your most august letters about the immunity and safety of those who came to the Council, you have fulfilled in all respects. It is not their wisdom that gave us confidence to make bold to send them to your pious presence; but our littleness obediently complied with what your imperial benignity, with a gracious order, exhorted to. And briefly we shall intimate to your divinely instructed Piety, what the strength of our Apostolic faith contains, which we have received through Apostolic tradition and through the tradition of the Apostolical pontiffs, and that of the five holy general synods, through which the foundations of Christ’s Catholic Church have been strengthened and established; this then is the status [and the regular tradition2 ] of our Evangelical and Apostolic faith, to wit, that as we confess the holy and inseparable Trinity, that is, the Father, the Son and the Holy Ghost, to be of one deity, of one nature and substance or essence, so we will profess also that it has one natural will, power, operation, domination, majesty, potency, and glory. And whatever is said of the same Holy Trinity essentially in singular number we understand to refer to the one nature of the three consubstantial Persons, having been so taught by canonical logic. But when we make a confession concerning one of the same three Persons of that Holy Trinity, of the Son of God, or God the Word, and of the mystery of his adorable dispensation according to the flesh, we assert that all things are double in the one arm the same our Lord and Saviour Jesus Christ according to the Evangelical tradition, that is to say, we confess his two natures, to wit the divine and the human, of which and in which he, even after the wonderful and inseparable union, subsists. And we confess that each of his natures has its own natural propriety, and that the divine, has all filings that are divine, without any sin. And we recognize that each one (of the two natures) of the one and the same incarnated, that is, humanated (humanati) Word of God is in him unconfusedly, inseparably and unchangeably, intelligence alone discerning a unity, to avoid the error of confusion. For we equally detest the blasphemy of division and of commixture. For when we confess two natures and two natural wills, and two natural operations in our one Lord Jesus Christ, we do not assert that they are contrary or opposed one to the other (as those who err from the path of truth and accuse the apostolic tradition of doing. Far be this impiety from the hearts of the faithful!), nor as though separated (per se separated) in two persons or subsistences, but we say that as the same our Lord Jesus Christ has two natures so also he has two natural wills and operations, to wit, the divine and the human:the divine will and operation he has in common with the coessential Father from all eternity: the human, he has received from us, taken with our nature in time. This is the apostolic and evangelic tradition, which the spiritual mother of your most felicitous empire, the Apostolic Church of Christ, holds.

This is the pure expression of piety. This is the true and immaculate profession of the Christian religion, not invented by human cunning, but which was taught by the Holy Ghost through the princes of the Apostles. This is the firm and irreprehensible doctrine of the holy Apostles, the integrity of the sincere piety of which, so long as it is preached freely, defends the empire of your Tranquillity in the Christian commonwealth, and exults [will defend it, will render it stable; and exulting], and (as we firmly trust) will demonstrate it full of happiness. Believe your most humble [servant], my most Christian lords and sons, that I am pouring forth these prayers with my tears, or its stability and exultation [in Greek exaltation]. And these things I (although unworthy and insignificant) dare advise through my sincere love, because your God-granted victory is our salvation, the happiness of your Tranquillity is our joy, the harmlessness of your kindness is the security of our littleness. And therefore I beseech you with a contrite heart and rivers of tears, with prostrated mind, deign to stretch forth your most clement right hand to the Apostolic doctrine which the co-worker of your pious labours, the blessed apostle Peter, has delivered, that it be not hidden under a bushel, but that it be preached in the whole earth more shrilly than a bugle: because the true confession thereof for which Peter was pronounced blessed by the Lord of all things, was revealed by the Father of heaven, for he received from the Redeemer of all himself, by three commendations, the duty of feeding the spiritual sheep of the Church; under whose protecting shield, this Apostolic Church of his has never turned away from the path of truth in any direction of error, whose authority, as that of the Prince of all the Apostles, the whole Catholic Church, and the Ecumenical Synods have faithfully embraced, and followed in all things; and all the venerable Fathers have embraced its Apostolic doctrine, through which they as the most approved luminaries of the Church of Christ have shone; and the holy orthodox doctors have venerated and followed it, while the heretics have pursued it with false criminations and with derogatory hatred. This is the living tradition of the Apostles of Christ, which his Church holds everywhere, which is chiefly to be loved and fostered, and is to be preached with confidence, which conciliates with God through its truthful confession, which also renders one commendable to Christ the Lord, which keeps the Christian empire of your Clemency, which gives far-reaching victories to your most pious Fortitude from the Lord of heaven, which accompanies you in battle, and defeats your foes; which protects on every side as an impregnable wall your God-sprung empire, which throws terror into opposing nations, and smites them with the divine wrath, which also in wars celestially gives triumphal palms over the downfall and subjection of the enemy, and ever guards your most faithful sovereignty secure and joyful in peace. For this is the rule of the true faith, which this spiritual mother of your most tranquil empire, the Apostolic Church of Christ, has both in prosperity and in adversity always held and defended with energy; which, it will be proved, by the grace of Almighty God, has never erred from the path of the apostolic tradition, nor has she been depraved by yielding to heretical innovations, but from the beginning she has received the Christian faith from her founders, the princes of the Apostles of Christ, and remains undefiled unto the end, according to the divine promise of the Lord and Saviour himself, which he uttered in the holy Gospels to the prince of his disciples: saying, “Peter, Peter, behold, Satan hath desired to have you, that he might sift you as wheat; but I have prayed for thee, that (thy) faith fail not. And when thou art converted, strengthen thy brethren.” Let your tranquil Clemency therefore consider, since it is the Lord and Saviour of all, whose faith it is, that promised that Peter’s faithshould not fail and exhorted him to strengthen his brethren, how it is known to all that the Apostolic pontiffs, the predecessors of my littleness, have always confidently done this very thing: of whom also our littleness, since I have received this ministry by divine designation, wishes to be the follower, although unequal to them and the least of all. For woe is me, if I neglect to preach the truth of my Lord, which they have sincerely preached. Woe is me, if I cover over with silence the truth which I am bidden to give to the exchangers, i.e., to teach to the Christian people and imbue it therewith. What shall I say in the future examination by Christ himself, if I blush (which God forbid!) to preach here the truth of his words? What satisfaction shall I be able to give for myself, what for the souls committed to me, when he demands a strict account of the office I have received? Who, then, my most clement and most pious lords and sons, (I speak trembling and prostrate in spirit) would not be stirred by that admirable promise, which is made to the faithful: “Whoever shall confess me before men, him also will I confess before my Father, who is in heaven”? And which one even of the infidels shall not be terrified by that most severe threat, in which he protests that he will be full of wrath, and declares that “Whoever shall deny me before men, him also will I deny before my Father, who is in heaven”? Whence also blessed Paul, the apostle of the Gentiles, gives warning and says: “But though we, or an angel from the heaven should preach to you any other Gospel from what we have evangelized to you, let him be anathema.” Since, therefore, such an extremity of punishment overhangs the corruptors, or suppressors of truth by silence, would not any one flee from an attempt at curtailing the truth of the Lord’s faith? Wherefore the predecessors of Apostolic memory of my littleness, learned in the doctrine of the Lord, ever since the prelates of the Church of Constantinople have been trying to introduce into the immaculate Church of Christ an heretical innovation, have never ceased to exhort and warn them with many prayers, that they should, at least by silence, desist from the heretical error of the depraved dogma, lest from this they make the beginning of a split in the unity of the Church, by asserting one will, and one operation of the two natures in the one Jesus Christ our Lord: a thing which the Arians and the Apollinarists, the Eutychians, the Timotheans, the Acephali, the Theodosians and the Gaianitae taught, and every heretical madness, whether of those who confound, or of those who divide the mystery of the Incarnation of Christ. Those that confound the mystery of the holy Incarnation, inasmuch as they say that there is one nature of the deity and humanity of Christ, contend that he has one will, as of one, and (one) personal operation. But they who divide, on the other hand, the inseparable union, unite the two natures which they acknowledge that the Saviour possesses, not however in an union which is recognized to be hypostatic; but blasphemously join them by concord, through the affection, of the will, like two subsistences, i.e., two somebodies. Moreover, the Apostolic Church of Christ, the spiritual mother of your God-founded empire, confesses one Jesus Christ our Lord existing of and in two natures, and she maintains that his two natures, to wit, the divine and the human, exist in him unconfused even after their inseparable union, and she acknowledges that each of these natures of Christ is perfect in the proprieties of its nature, and she confesses that all things belonging to the proprieties of the natures are double, because the same our Lord Jesus Christ himself is both perfect God and perfect man, of two and in two natures: and after his wonderful Incarnation, his deity cannot be thought of without his humanity, nor his humanity without his deity. Consequently, therefore, according to the rule of the holy Catholic and Apostolic Church of Christ, she also confesses and preaches thatthere are in him two natural wills and two natural operations. For if anybody should mean a personal will, when in the holy Trinity there are said to be three Persons, it would be necessary that there should be asserted three personal wills, and three personal operations (which is absurd and truly profane). Since, as the truth of the Christian faith holds, the will is natural, where the one nature of the holy and inseparable Trinity is spoken of, it must be consistently understood that there is one natural will, and cue natural operation.

But when in truth we confess that in the one person of our Lord Jesus Christ the mediator between God and men, there are two natures (that is to say the divine and the human), even after his admirable union, just as we canonically confess the two natures of one and the same person, so too we confess his two natural wills and two natural operations. But that the understanding of this truthful confession may become clear to your Piety’s mind from the God-inspired doctrine of the Old and the New Testament, (for your Clemency is incomparably more able to penetrate the meaning of the sacred Scriptures, than our littleness to set it forth in flowing words), our Lord Jesus Christ himself, who is true and perfect God, and true and perfect man, in his holy Gospels shews forth in some instances human things, in others, divine, and still in others both together, making a manifestation concerning himself in order that he might instruct his faithful to believe and preach that he is both true God and true man. Thus as man he prays to the Father to take away the cup of suffering, because in him our human nature was complete, sin only excepted, “Father, if it be possible, let this cup pass from me; nevertheless not as I will, but as thou wilt.” And in another passage: “Not my will, but thine be done.” If we wish to know the meaning of which testimony as explained by the holy and approved Fathers, and truly to understand what “my will,” what “thine” signify, the blessed Ambrose in his second book to the Emperor Gratian, of blessed memory, teaches us the meaning of this passage in these words, saying: “He then, receives my will, he takes my sorrow, I confidently call it sorrow as I am speaking of the cross, mine is the will, which he calls his, because he bears my sorrow as man, he spoke as a man, and therefore he says: ‘Not as I will but as thou wilt.’” Mine is the sadness which he has received according to my affection.3 See, most pious of princes, how clearly here this holy Father sets forth that the words our Lord used in his prayer, “Not my will,” pertain to his humanity; through which also he is said, according to the teaching of Blessed Paul the Apostle of the Gentiles, to have “become obedient unto death, even the death of the Cross.” Wherefore also it is taught us that he was obedient to his parents, which must piously be understood to refer to his voluntary obedience, not according to his divinity (by which he governs all things), but according to his humanity, by which he spontaneously submitted himself to his parents. St. Lc the Evangelist likewise bears witness to the same thing, telling how the same our Lord Jesus Christ prayed according to his humanity to his Father, and said, “Father, if it be possible let the cup pass from me; nevertheless not my will but thine be done,”—which passage Athanasius, the Confessor of Christ, and Archbishop of the Church of Alexandria, in his book against Apollinaris the heretic, concerning the Trinity and the Incarnation, also understanding the wills to be two, thus explains: And when he says, “Father, if it be possible, let this cup pass from me, nevertheless not my will but thine be done,” and again, “The spirit is willing, but the flesh is weak;” he shews that there are two wills, the one human which is the will of the flesh, but the other divine. For his human will, out of the weakness of the flesh was fleeing away from the passion, but his divine will was ready for it. What truer explanation could be found? For how is it possible not to acknowledge in him two wills, to wit, a human and a divine, when in him, even after the inseparable union, there are two natures according to the definitions of the synods? For Jn also, who leaned upon the Lord’s breast, his beloved disciple, shews forth the same self-restraint in these words: “I came down from heaven not to do mine own will but the will of the Father that sent me.” And again: “This is the will of him that sent me, thatof all that he gave me I should lose nothing, but should raise it up again at the last day.” Again he introduces the Lord as disputing with the Jews, and saying among other things: “I seek not mine own will, but the will of him that sent me.” On the meaning of which divine words blessed Augustine, a most illustrious doctor, thus writes in his book against Maximinus the Arian. He says, “When the Son says to the Father ‘Not what I will, but what thou wilt,’ what doth it profit thee, that thou broughtest thy words into subjection and sayest, It shews truly that his will was subject to his Father, as though we would deny that the will of man should be subject to the will of God? For that the Lord said this in his human nature, anyone will quickly see who studies attentively this place of the Gospel. For therein he says, ‘My soul is exceeding sorrowful even unto death.’ Can this possibly be said of the nature of the One Word? But, O man, who thinkest to make the nature of the Holy Ghost to groan, why do you say that the nature of the Only-begotten Word of God cannot be sad? But to prevent anyone arguing in this way, he does not say ‘I am sad;’ (and even if he had so said, it could properly only have been understood of his human nature) but he says ‘My soul is sad,’ which soul he has as man; however in this also which he said, ‘Not what I will’ he shewed that he willed something different from what the Father did, which he could not have done except in his human nature, since he did not introduce our infirmity into his divine nature, but would transfigure human affection. For had he not been made man, the Only Word could in no way have said to the Father, ‘Not what I will.’ For it could never be possible for that immutable nature to will anything different from what the Father willed. If you would but make this distinction, O ye Arians, ye would not be heretics.”

In this disputation this venerable Father shews that when the Lord says “his own” he means the will of his humanity, and when he says not to do “his own will,” he teaches us not chiefly to seek our own wills but that through obedience we should submit our wills to the Divine Will. From all which it is evident that he had a human will by which he obeyed his Father, and that he had in himself this same human will immaculate from all sin, as true God and man. Which thing St. Ambrose also thus treats of in his explanation of St. Luke the Evangelist.

[After this follows a catena of Patristic quotations which I have not thought worth while to produce in full. After St. Ambrose he cites St. Leo, then St. Gregory Nazianzen, then St. Augustine. (L. & C., col. 647).]

From which testimonies it is clear that each of those natures which the spiritual Doctor has here enumerated has its own natural property, and that to each one a will ought to be assigned. For an angelic nature cannot have a divine or a human will, neither can a human nature have a divine or an angelic will. For no nature can have anything or any motion which pertains to another nature but only that which is naturally given by creation. And as this is the truth of the matter it is most certainly clear that we must needs confess that in our Lord Jesus Christ there are two natures and substances, to wit, the Divine and human, united in his one subsistence or person, and that we further confess that there are in him two natural wills, viz.: the divine and the human, for his divinity so far as its nature is concerned could not be said to possess a human will, nor should his humanity be believed to have naturally a divine will: And again, neither of these two substances of Christ must be confessed as being without a natural will; but his human will was lifted up by the omnipotency of his divinity, and his divine will was revealed to men through his humanity. Therefore it is necessary to refer to him as God such things as are divine, and as man such things as are human; and each must be truly recognized through the hypostatic union of the one and the same our Lord Jesus Christ, which the most true decree of the Council of Chalcedon sets forth—[Here follows citation.] This same thing also the holy synod which was gathered together in Constantinople in the time of the Emperor Justinian of august memory, teaches in the viith. chapter of its definitions). [Here follows the citation,] Moreover it is necessary that we should faithfully keep what those Venerable Synods taught, so that we never take away the difference of natures as a result of the union, but confess one Christ, true and perfect God and also true and perfect man, the propriety of each nature being kept intact. Wherefore, if in no respect the difference of the natures of our Lord Jesus Christ has been taken away, it is necessary that we preserve this same difference in all its proprieties. For whoso teaches that the difference is in no respect to be taken away, declares that it must be preserved in all things. But when the heretics and the followers of heretics say that there is but one will and one operation, how is this difference recognized? Or where is the difference which has been defined by this holy Synod preserved? While if it is asserted that there is but one will in him (which is absurd), those who make this assertion must needs say that that will is either human or divine, or else composite from both, mixed and confused, or (according to the teaching of all heretics) that Christ has one will and one operation, proceeding from his one composite nature (as they hold). And thus, without any doubt, the difference of nature is destroyed, which the holy synods declared to be preserved in all respects even after the admirable union. Because, though they taught that Christ was one, his person and substance one, yet on account of the union of the natures which was made hypostatically, they likewise decreed that we should clearly acknowledge and teach the difference of those natures which were united in him, after the admirable union. Therefore if the proprieties of the natures in the same our one Lord Jesus Christ were preserved on account of the difference [of the natures], it is congruous that we should with full faith confess also the difference of his natural wills and operations, in order that we may be shown to have followed in all respects their doctrine, and may admit into the Church of Christ no heretical novelty.

And although there exist numerous works of the other holy Fathers, nevertheless we subjoin to this our humble exposition a few testimonies out of the books which are in Greek, for the sake of fastidiousness.4

[Here follows a catena of passages from the Greek fathers, viz.: St. Gregory Theologus, St. Gregory Nyssen, St. Jn bishop of Constantinople, St. Cyril, bishop of Alexandria. (L. & C., col. 654).]

From these truthful testimonies it is also demonstrated that these venerable fathers predicated in the one and the same Lord Jesus Christ two natural wills, viz.: a divine and a human, for when St. Gregory Nazianzen says,” The willing of that man who is understood to be the Saviour,” he shows that the human will of the Saviour was deified through its union with the Word, and therefore it is not contrary to God. So likewise he proves that he had a human, although deified will, and this same he had (as he teaches in what follows) as well as his divine will, which was one and the same with that of the Father. If therefore he had a divine and a deified will, he had also two wills. For what is divine by nature has no need of being deified; and what is deified is not truly divine by nature. And when St. Gregory Nyssen, a great bishop, says that the true confession of the mystery is, that there should be understood one human will and another a divine will in Christ, what does he bid us understand when he says one and another will, except that there are manifestly two wills?

[He next proceeds to comment upon the passage cited from St. John, then upon that from St. Cyril of Alexandria. After this follow quotations from St. Hilary, St. Athanasius, St. Denys the Areopagite, St. Ambrose, St. Leo, St. Gregory Nyssen, St. Cyril of Alexandria, which are next commented on in their order. He then proceeds: (L. & C., col. 662).]

There are not lacking most telling passages in other of the venerable fathers, who speak clearly of the two natural operations in Christ, not to mention St. Cyril of Jerusalem, St. Jn of Constantinople, or those who afterwards conducted the laborious conflicts in defence of the venerable council of Chalcedon and of the Tome of St. Leo against the heretics from whose error the assertion of this new dogma has arisen: that is to say, John, bishop of Scythopolis, Eulogius, bishop of Alexandria, Euphraemius and Anastasius the elder, most worthy rulers of the church of Theopolis, and above all that emulator of the true and apostolic faith, the Emperor Justinian of pious memory, whose uprightness of faith exalted the Christian State as much as his sincere confession pleased God. And his pious memory is esteemed worthy of veneration by all nations, whose uprightness of faith was disseminated with praise throughout the whole world by his most august edicts: one of these, to wit, that addressed to Zoilus, the patriarch of Alexandria, against the heresy of the Acephali to satisfy them of the rectitude of the apostolic faith, we offer to your most tranquil Christianity, sending it together with this paper of our lowliness through the same carriers. But lest this declaration should be thought burdensome on account of its length, we have inserted in this declaration of our humility only a few of the testimonies of the Holy Fathers, especially [when writing to those] on whom the care and arrangement of the whole world as on a firm foundation are recognized to rest; since this is altogether incomparable and great, that the care of the whole Christian State being laid aside for a little out of love and zeal for true religion, your august and most religious clemency should desire to understand more clearly the doctrine of apostolical preaching. For from the different approved fathers the truth of the Orthodox faith has become clear although the treatment is short. For the approved fathers thought it to be superfluous to discourse at length upon what was evident and clear to all; for who, even if he be dull of wit, does not perceive what is evident to all? For it is impossible and contrary to the order of nature that there should be a nature without a natural operation: and even the heretics did not dare to say this, although they were, all of them, hunting for human craftiness and cunning questions against the orthodoxy of the faith, and arguments agreeable to their depravities.

How then can that now be asserted which never was said by the holy orthodox fathers, nor even was presumptuously invented by the profane heretics, viz.: that of the two natures of Christ, the divine and the human, the proprieties of each of which are recognized as being preserved in Christ, that anyone in sound mind should declare there was but one operation? Since if there is one, let them say whether it be temporal or eternal, divine or human, uncreated or created: the same as that of the Father or different from that of the Father. If therefore it is one, that one and the same must be common to the divinity anti to the humanity (which is absurd), therefore while the Son of God, who is both God and man, wrought human things on earth, likewise also the Father worked with him according to his nature (naturaliter, fusikw"); for what things the Father doeth these the Son also doeth likewise. But if (as is the truth) the human acts which Christ did are to be referred to his person alone as the Son, which is not the same as that of the Father; in one nature Christ worked one set of works, and in the other another, so that according to his divinity the Son does the same things that the Father does; and likewise according to his humanity, what things are proper to the manhood, those same, he as man, did because he is truly both God and man. For which reason we rightly believe that that same person, since he is one, has two natural operations, to wit, the divine and the human, one uncreated, and the other created, as true and perfect God and as true and perfect man, the one and the same, the mediator between God and men, the Lord Jesus Christ. Wherefore from the quality of the operations there is recognized a difference void of offence (aproskopo") of the natures which are joined in Christ through the hypostatic union. We now proceed to cite some passages from the execrable writings of the heretics hated of God,5 whose words and sayings we equally abominate, for the demonstration of those things which our inventors of new dogma have followed teaching that in Christ there is but one will and one operation.

[Then follow quotations from Apollinaris, Severus, Theodosius of Alexandria. (L. & C., col. 667).]

Behold, most pious lords and sons, by the testimonies of the holy Fathers, as by spiritual rays, the doctrine of the Catholic and ApostolicChurch has been illustrated and the darkness of heretical blindness, which is offering error to men for imitation, has been revealed. Now it is necessary that the new doctrine should follow somebody, and by whose authority it is supported, we shall note.

[Here follow quotations from Cyrus of Alexandria, Theodore of Pharon, Sergius of Constantinople, Pyrrhus, Paulus his succes- sor, Peter his successor. (L. & C., col. 670).]

Let then your God-rounded clemency with the internal eye of discrimination, which for the guidance of the Christian people you have been deemed worthy to receive by the Grace of God, take heed which one of such doctors you think the Christian people should follow, the doctrine of which one of these they should embrace so as to be saved; for they condemn all, and each one of them the other, according as the various and unstable definitions in their writings assert sometimes that there is one will and one operation, sometimes that there is neither one nor two operations, sometimes one will and operation, and again two wills and two operations, likewise one will and one operation, and again neither one, nor two, and somebody else one and two.

Who does not hate, and rage against, and avoid such blind errors, if he have any desire to be saved and seek to offer to the Lord at his coming a right faith? Therefore the Holy Church of God, the mother of your most Christian power, should be delivered and liberated with all your might (through the help of God) from the errors of such teachers, and the evangelical and apostolic uprightness of the orthodox faith, which has been established upon the firm reek of this Church of blessed Peter, the Prince of the Apostles, which by his grace and guardianship remains free from all error, [that faith I say] the whole number of rulers and priests, of the clergy and of the people, unanimously should confess and preach with us as the true declaration of the Apostolic tradition, in order to please God and to save their own souls.

And these things we have taken pains to insert in the tractate of our humility, for we have been afflicted and have groaned without ceasing that such grievous errors should be entertained by bishops of the l Church, who are zealous to establish their own peculiar views rather than the truth of the faith, and think that our sincere fraternal admonition has its spring in a contempt for them. And indeed the apostolic predecessors of my humility admonished, begged, upbraided, besought, reproved, and exercised every kind of exhortation that the recent wound bright receive a remedy, moved thereto not by a mind filled with hatred (God is my witness) nor through the elation of boasting, nor through the opposition of contention, nor through an inane desire to find some fault with their teachings, nor through anything akin to the love of arrogance, but out of zeal for the uprightness of the truth, and for the rule of the confession of the pure Gospel, and for the salvation of souls, and for the stability of the Christian state, and for the safety of those who rule the Roman Empire. Nor did they cease from their admonitions after the long duration of this domesticated error, but always exhorted and bore record, and that with fraternal charity, not through malice or pertinacious hatred (far be it from the Christian heart to rejoice at another’s fall, when the Lord of all teaches, “I desire not the death of a sinner, but that he be converted and live;” and who rejoiceth over one sinner that repenteth more than over ninety-and-nine just persons: who came down from heaven to earth to deliver the lost sheep, inclining the power of his majesty), but desiring them with outstretched spiritual arms, and exhorting to embrace them returning to the unity of the orthodox faith, and awaiting their conversion to the full rectitude of the orthodox faith: that they might not make themselves aliens froth our communion, that is from the communion of blessed Peter the Apostle, whose ministry, we (though unworthy) exercise, and preach the faith he has handed down, but that they should together with us pray Christ the Lord, the spotless sacrifice, for the stability of your most strong and serene Empire.

We believe, most pious lords [singular in the Latin] of all things, that there has been left no possible ambiguity which can prevent therecognizing of those who have followed the inventors of new dogma. For the sweetness of spiritual understanding with which the sayings of the Fathers are full has become evident to the eyes of all; and the stench of the heretics, to be avoided by all the faithful, has been made notorious. Nor has it remained unknown that the inventors of new dogma have been shewn to be the followers of heretics, and not the walkers in the footsteps of the holy Fathers: therefore whoever wishes to colour any error of his whatever, is condemned by the light of truth, as the Apostle of the Gentiles says, “For everything that doth make manifest is light,” for the truth ever remains constant and the same, but falsehood is ever varying, and in its wanderings adopting things mutually contradictory. On this account the inventors of the new dogma have been shewn to have taught things mutually contradictory, because they were not willing to be followers of the Evangelical and Apostolic faith. Wherefore since the truth has shone forth by the observations of your God-inspired piety, and falsity which has been exposed has attained the contempt which it deserved, it remains that the crowned truth may shine forth victoriously through the pious favours of your God-crowned clemency; and that the error of novelty with it inventors and with those who follow their doctrine, may receive the punishment due their presumption, and be cast forth from the midst of the orthodox prelates for the heretical pravity of their innovation, which into the holy, Catholic and Apostolic Church of Christ they have endeavoured to introduce, and to stain with the contagion of heretical pravity the indivisible and unspotted body of the Church [of Christ]. For it is not just that the injurious should injure the innocent, nor that the offences of some should be visited upon the inoffensive, for even if in this world to the condemned mercy is extended, yet they who are thus spared reap for that sparing no benefit in the judgment of God, and by those thus sparing them there is incurred no little danger for their unlawful compassion.

But we believe that Almighty God has reserved for the happy days of your gentleness the amending of these things, that filling on earth the place and zeal of our Lord Jesus Christ himself, who has vouchsafed to crown your rule, ye may judge just judgment for his Evangelical and Apostolical truth: for although he be the Redeemer and Saviour of the human race yet he suffered injury, and bore it even until now, and inspired the empire of your fortitude, so that you should be worthy to follow the cause of his faith (as equity demanded, and as the determination of the Holy Fathers and of the Five General Synods decreed), and that you should avenge, through his guardianship, on the spurners of his faith, the injury done your Redeemer and Colleague in reigning, thus fulfilling magnanimously with imperial clemency that prophetic utterance with which David the King and Prophet, spake to God, saying, “The zeal of thine house hath eaten me up.” Wherefore having been extolled for so God-pleasing a zeal, he was deemed fit to hear that blessed word spoken by the Creator of all men, “I have found David, a man after my heart, who will do all my will.” And to him also it was promised in the Psalms, “I have found David, my servant, with my holy oil have I anointed him: My hand shall aid him and my arm shall comfort him,” so that the most pious majesty of your Christian clemency may work to further the cause of Christ with burning zeal for the sake of remuneration, and may he make all the acts of your most powerful empire both happy and prosperous, who hath stored up his promise in the Holy Gospels, saying,” Seek ye first the kingdom of God and all these things shall be added unto you.” For all, to whom has come the knowledge of the sacred heads,6 have been offering innumerable thanksgivings and unceasing praises to the defender of your most powerful dominion, being filled with admiration for the greatness of your clemency, in that you have so benignly set forth the kind intention of your august magnanimity; for in truth, as most pious and most just princes, you have deigned to treat divine things with the fear of God, having promised every immunity to those persons sent to you from our littleness.

And we are confident that what your pious clemency has promised, you are powerful to carry out, in order that what has been vowed and promised to God by the religious philanthropy beyond your Christian power, may nevertheless be fulfilled by the aid of his omnipotency.

Wherefore let praise by all Christian nations, and eternal memory, and frequent prayer be poured forth before the Lord Christ, whose is the cause, for your safety, and your triumphs, and your complete victory, that the nations of the Gentiles, being impressed by the terror of the supernal majesty, may lay down most humbly their necks beneath the sceptre of your most powerful rule, that the power of your most pious kingdom may continue until the ceaseless joy of the eternal kingdom succeeds to this temporal reign. Nor could anything be found more likely to commend the clemency of your unconquerable fortitude to the divine majesty, than that those who err from the rule of truth should be repelled and the integrity of our Evangelical and Apostolic faith should be everywhere set forth and preached.

Moreover, most pious and God-instructed sons and lords, if the Archbishop of the Church of Constantinople shall choose to hold and to preach with us this most unblameable rule of Apostolic doctrine of the Sacred Scriptures, of the venerable synods, of the spiritual Fathers, according to their evangelical understanding, through which the form of the truth has been set forth by us through the assistance of the Spirit, there will ensue great peace to them that love the name of God, and there will remain no scandal of dissension, and that will come to pass which is recorded in the Ac of the Apostles, when through the grace of the Holy Spirit the people had come to the acknowledging of Christianity, all of us will be of one heart and of one mind. But if (which God forbid!) he shall prefer to embrace the novelty but lately introduced by others; and shall ensnare himself with doctrines which are alien to the rule of orthodox truth and of our Apostolic faith, to decline which as injurious to souls’ these have put off, despite the exhortation and admonitions of our predecessors in the Apostolic See, down to this day, he himself should know what kind of an answer he will have to give for such contempt in the divine examination of Christ before the judge of all, who is in heaven, to whom when he cometh to judgment also we ourselves are about to give an account of the ministry of preaching the truth which has been committed to us, or for the toleration of things contrary to the Christian religion: and may we (as I humbly pray) preserve unconfusedly and freely, with simplicity and purity, whole and undefiled, the Apostolic and Evangelical rule of the right faith as we have received it from the beginning. And may your most august serenity, for the affection and reverence which you bear to the Catholic and Apostolic right faith, receive the perfect reward of your pious labours from our Lord Jesus Christ himself, the ruler with you of your Christian empire, whose true confession you desire to preserve undefiled, because nothing in any respect has been neglected or omitted by your God-crowned clemency, which could minister to the peace of the churches, provided always that the integrity of the true faith was maintained: since God, the Judge of all, who disposes the ending of all matters as he deems most expedient, seeks out the intent of the heart, and will accept a zeal for piety. Therefore I exhort you, O most pious and clement Emperor, and together with my littleness every Christian man exhorts you on bended knee with all humility, that to all the God-pleasing goodnesses and admirable imperial benefits which the heavenly condescension has vouchsafed to grant to the human race through your God-accepted care, this also you would order, for the redintegration of perfect piety, to offer an acceptable sacrifice to Christ the Lord your fellow-ruler, granting entire impunity, and free faculty of speech to each one wishing to speak, and to urge a word in defence of the faith which he believes and holds, so that it may most manifestly be recognized by all that by no terror, by no force, by no threat or aversion any one wishing to speak for the truth of the Catholic and Apostolic faith, has been prohibited or repulsed, and that all unanimously may glorify your imperial (divinam) majesty, throughout the whole since of their lives for so great and so inestimable a good, and may pour forth unceasing prayers to Christ the Lord that your most strong empire may be preserved untouched and exalted. The Subscription. May the grace from above keep your empire, most pious lords, and place beneath its feet the neck of all the nations).
The Letter of Agatho and of the Roman Synod of 125 Bishops

Which Was to Serve as an Instruction to the Legates Sent to Attend the Sixth Synod.


(Found in Labbe and Cossart, Concilia, Tom. VI., col. 677 et seqq., and in Migne, Pat. Lat. Tom. LXXXVII., col. 1215 et seqq). [This last text, which is Mansi’s, I have followed]).

To the most pious Lords and most serene victors and conquerors, our own sons beloved of God and of our Lord Jesus Christ, Constantine, the great Emperor, and Heraclius and Tiberius, Augustuses, Agatho, the bishop and servant of the servants of God, together with all the synods subject to the council of the Apostolic See.

[The Letter opens with a number of compliments to the Emperor, much in style and matter like the introduction of the preceding letter. I have not thought it worth while to translate this, but have begun at the doctrinal part, which is given to the reader in full. (Labbe and Cossart, col. 682).]

We believe in God the Father Almighty, maker of heaven and earth, and of all things visible and invisible; and in his only-begotten Son, who was begotten of him before all worlds; very God of Very God, Light of Light, begotten not made, being of one substance with the Father, that is of the same substance as the Father; by him were all things made which are in heaven and which are in earth; and in the Holy Ghost, the Lord and giver of life, who proceedeth from the Father, and with the Father and the Son together is worshipped and glorified; the Trinity in unity and Unity in trinity; a unity so far as essence is concerned, but a trinity of persons or subsistences; and so we confess God the Father, God the Son, and God the Holy Ghost; not three gods, but one God, the Father, the Son, and the Holy Ghost: not a subsistency of three names, but one substance of three subsistences; and of these persons one is the essence, or substance or nature, that is to say one is the godhead, one the eternity, one the power, one the kingdom, one the glory, one the adoration, one the essential will and operation of the same Holy and inseparable Trinity, which hath created all things, hath made disposition of them, and still contains them.

Moreover we confess that one of the same holy consubstantial Trinity, God the Word, who was begotten of the Father before the worlds, in the last days of the world for us and for our salvation came down from heaven, and was incarnate of the Holy Ghost, and of our Lady, the holy, immaculate, ever-virgin and glorious Mary, truly and properly the Mother of God, that is to say according to the flesh which was born of her; and was truly made man, the same being very God and very man. God of God his Father, but man of his Virgin Mother, incarnate of her flesh with a reasonable and intelligent soul: of one substance with God the Father, as touching his godhead, and consubstantial with us as touching his manhood, and in all points like unto us, but without sin. He was crucified for us under Pontius Pilate, he suffered, was buried and rose again; ascended into heaven, and sitteth at the right hand of the Father, and he shall come again to judge both the quick and the dead, and of his kingdom there shah be no end.

And this same one Lord of ours, Jesus Christ, the only-begotten Son of God, we acknowledge to subsist of and in two substances unconfusedly, unchangeably, indivisibly, inseparably, the difference of the natures being by no means taken away by the union, but rather the proprieties of each nature being preserved and concurring in one Person and one Subsistence, not scattered or divided into two Persons, nor confused into one composite nature; but we confess one and the same only-begotten Son, God the Word, our Lord Jesus Christ, not one in another, nor one added to another, but himself the same in two natures—that is to say in the Godhead and in the man- hood even after the hypostatic union: for neither was the Word changed into the nature of flesh, nor was the flesh transformed into the nature of the Word, for each remained what it was by nature. We discern by contemplation alone the distinction between the natures united in him of which inconfusedly, inseparably and unchangeably he is composed; for one is of both, and through one both, because there are together both the height of the deity and the humility of the flesh, each nature preserving after the union its own proper character without any defect; and each form acting in communion with the other what is proper to itself. The Word working what is proper to the Word, and the flesh what is proper to the flesh; of which the one shines with miracles, the other bows down beneath injuries. Wherefore, as we confess that he truly has two natures or substances, viz.: the Godhead and the manhood, inconfusedly, indivisibly and unchangeably [united], so also the rule of piety instructs us that he has two natural wills and two natural operations, as perfect God and perfect man, one and the same our Lord Jesus Christ. And this the apostolic and evangelical tradition and the authority of the Holy Fathers (whom the Holy Apostolic and Catholic Church and the venerable Synods receive), has plainly taught us.

[The letter goes on to say that this is the traditional faith, and is that which was set forth in a council over which Pope Martin presided, and that those opposed to this faith have erred from the truth, some in one way, and some in another. It next apologizes for the delay in sending the persons ordered by the imperial Sacra, and proceeds thus: (Labbe and Cossart, col. 686; Migne, col. 1224).]

In the first place, a great number of us are spread over a vast extent of country even to the sea coast, and the length of their journey necessarily took much time. Moreover we were in hopes of being able to join to our humility our fellow-servant and brother bishop, Theodore, the archbishop and philosopher of the island of Great Britain, with others who have been kept there even till to-day; and to add to these divers i bishops of this council who have their sees in different parts, that our humble suggestion [i.e., the doctrinal definition contained in the letters] might proceed from a council of wide-spread influence, lest if only a part were cognizant of what was being done, it might escape the notice of a part; and especially because among the Gentiles, as the Longobards, and the Sclavi, as also the Franks, the French, the Goths, and the Britains, there are known to be very many of our fellow-servants who do not cease curiously to enquire on the subject, that they may know what is being done in the cause of the Apostolic faith: who as they can be of advantage so long as they hold the true faith with us, and think in unison with us, so are they found troublesome and contrary, if (which may God forbid!) they stumble at any article of the faith. But we, although most humble, yet strive with all our might that the commonwealth of your Christian empire may be shown to be more sublime than all the nations, for in it has been rounded the See of Blessed Peter, the prince of the Apostles, by the authority of which, all Christian nations venerate and worship with us, through the reverence of the blessed Apostle Peter himself. (This is the Latin, which appears to me to be corrupt, the Greek reads as follows: “The authority of which for the truth, all the Christian nations together with us worship and revere, according to the honour of the blessed Peter the Apostle himself.”)

[The letter ends with prayers for constancy, and blessings on the State and Emperor, and hopes for the universal diffusion and acceptance of the truth.]
Extracts from the Acts. Session VIII.

 (Labbe and Cossart, Concilia, Tom. VI., col. 730).


[ The Emperor said]

Let George, the most holy archbishop of this our God-preserved city, and let Macarius, the venerable archbishop of Antioch, and let the synod subject to them [i.e., their suffragans] say, if they submit to the force (ei stoikousi dunamei) of the suggestions sent by the most holy Agatho Pope of Old1 Rome and by his Synod.

[The answer of George, with which all his bishops, many of them, speaking one by one, agreed except Theodore of Metilene (who handed in his assent at the end of the Tenth Session).]

I have diligently examined the whole force of the suggestions sent to your most pious Fortitude, as well by Agatho, the most holy Pope of Old2 Rome, as by his synod, and I have scrutinized the works of the holy and approved Fathers, which are laid up in my venerable patriarchate, and I have found that all the testimonies of the holy and accepted Fathers, which are contained in those suggestions agree with, and in no particular differ from, the holy and accepted Fathers. Therefore I give my submission to them and thus I profess and believe.

[The answer of all the rest of the Bishops subject to the See of Constantinople. (Col 735).]

And we, most pious Lord, accepting the teaching of the suggestion sent to your most gentle Fortitude by the most holy and blessed Agatho, Pope of Old Rome, and of that other suggestion which was adopted by the council subject to him, and following the sense therein contained, so we are minded, so we profess, and so we believe that in our one Lord Jesus Christ, our true God, there are two natures unconfusedly, unchangeably, undividedly, and two natural wills and two natural operations; and all who have taught, and who now say, that there is but one will and one operation in the two natures of our one Lord Jesus Christ our true God, we anathematize.

[The Emperor’s demand to Macarius. (Col 739).]

Let Macarius, the Venerable Archbishop of Antioch, who has now heard what has been said by this holy and Ecumenical Synod [demanding the expression of his faith], answer what seemeth him good.

[The answer of Macarius.]

I do not say that there are two wills or two operations in the dispensation of the incarnation of our Lord Jesus Christ, but one will and one theandric operation.
The Sentence Against the Monothelites. Session XIII.

 (L. and C., Concilia, Tom. VI., col. 943).


The holy council said: After we had reconsidered, according to our promise which we had made to your highness, the doctrinal letters of Sergius, at one time patriarch of this royal god-protected city to Cyrus, who was then bishop of Phasis and to Honorius some time Pope of Old Rome, as well as the letter of the latter to the same Sergius, we find that these documents are quite foreign to the apostolic dogmas, to the declarations of the holy Councils, and to all the accepted Fathers, and that they follow the false teachings of the heretics; therefore we entirely reject them, and execrate them as hurtful to the soul. But the names of those men whose doctrines we execrate must also be thrust forth from the holy Church of God, namely, that of Sergius some time bishop of this God-preserved royal city who was the first to write on this impious doctrine; also that of Cyrus of Alexandria, of Pyrrhus, Paul, and Peter, who died bishops of this God-preserved city, and were like-minded with them; and that of Theodore sometime bishop of Pharan, all of whom the most holy and thrice blessed Agatho, Pope of Old Rome, in his suggestion to our most pious and God-preserved lord and mighty Emperor, rejected, because they were minded contrary to our orthodox faith, all of whom we define are to be subjected to anathema. And with these we define that there shall be expelled from the holy Church of God and anathematized Honorius who was some time Pope of Old Rome, because of what we found written by him to Sergius, that in all respects he followed his view and confirmed his impious doctrines. We have also examined the synodal letter of Sophronius of holy memory, some time Patriarch of the Holy City of Christ our God, Jerusalem, and have found it in accordance with the true faith and with the Apostolic teachings, and with those of the holy approved Fathers. Therefore we have received it as orthodox and as salutary to the holy Catholic and Apostolic Church, and have decreed that it is right that his name be inserted in the diptychs of the Holy Churches.
Session XVI.

 (Labbe and Cossart, Concilia, Tom. VI., col. 1010).[The Acclamations of the Fathers.]


Many years to the Emperor! Many years to Constantine, our great Emperor! Many years to the Orthodox King! Many years to our Emperor that maketh peace! Many years to Constantine, a second Martian! Many years to Constantine, a new Theodosius! Many years to Constantine, a new Justinian! Many years to the keeper of the orthodox faith! O Lord preserve the foundation of the Churches!O Lord preserve the keeper of the faith!

Many years to Agatho, Pope of Rome! Many years to George, Patriarch of Constantinople! Many years to Theophanus, Patriarch of Antioch! Many years to the orthodox council! Many years to the orthodox Senate!

To Theodore of Pharan, the heretic, anathema! To Sergius, the heretic, anathema! To Cyrus, the heretic, anathema! To Honorius, the heretic, anathema! To Pyrthus, the heretic, anathema! To Paul To Peter To Macarius the heretic, anathema! To Stephen To Polychronius To Apergius of Perga To all heretics, anathema! To all who side with heretics, anathema!

May the faith of the Christians increase, and long years to the orthodox and Ecumenical Council!
The Definition of Faith.

 (Found in the Acts, Session XVIII., L. and C., Concilia, Tom. VI., col. 1019).


The holy, great, and Ecumenical Synod which has been assembled by the grace of God, and the religious decree of the most religious and faithful and mighty Sovereign Constantine, in this God-protected and royal city of Constantinople, New Rome, in the Hall of the imperial Palace, called Trullus, has decreed as follows.

The only-begotten Son, and Word of God the Father, who was made man in all things like unto us without sin, Christ our true God, has declared expressly in the words of the Gospel, “I am the light of the world he that followeth me shall not walk in darkness, but shall have the light of life.” And again, “My peace I leave with, you, my peace I give unto you.” Our most gentle Sovereign, the champion of orthodoxy, and opponent of evil doctrine, being reverentially led by this divinely uttered doctrine of peace, and having convened this our holy and Ecumenical assembly, has united the judgment of the whole Church. Wherefore this our holy and Ecumenical Synod having driven away the impious error which had prevailed for a certain time until now, and following closely the straight path of the holy and approved Fathers, has piously given its full assent to the five holy and Ecumenical Synods (that is to say, to that of the 318 holy Fathers who assembled in Nice against the raging Arius; and the next in Constantinople of the 150 God-inspired men against Macedonius the adversary of the Spirit, and the impious Apollinaris; and also the first in Ephesus of 200 venerable men convened against Nestorius the Judaizer; and that in Chalcedon of 630 God-inspired Fathers against Eutyches and Dioscorus hated of God; and in addition to these, to the last, that is the Fifth holy Synod assembled in this place, against Theodore of Mopsuestia, Origen, Didymus, and Evagrius, and the writings of Theodoret against the Twelve Chapters of the celebrated Cyril, and the Epistle which was said to be written by Ibas to Maris the Persian), renewing in all things the ancient decrees of religion, and chasing away the impious doctrines of irreligion. And thisour holy and Ecumenical Synod inspired of God has set its seal to the Creed which was put forth by the 318 Fathers, and again religiously confirmed by the 150, which also the other holy synods cordially received and ratified for the taking away of every soul-destroying heresy.

The Nicene Creed of the 318 holy Fathers.

We believe, etc.

The Creed of the 150 holy Fathers as-sembled at Constantinople. We believe, etc.

The holy and Ecumenical Synod further says, this pious and orthodox Creed of the Divine grace would be sufficient for the full knowledge and confirmation of the orthodox faith. But as the author of evil, who, in the beginning, availed himself of the aid of the serpent, and by it brought the poison of death upon the human race, has not desisted, but in like manner now, having found suitable instruments for working out his will (we mean Theodorus, who was Bishop of Pharan, Sergius, Pyrrhus, Paul and Peter, who were Archbishops of this royal city, and moreover, Honorius who was Pope of the elder Rome, Cyrus Bishop of Alexandria, Macarius who was lately bishop of Antioch, and Stephen his disciple), has actively employed them in raising up for the whole Church the stumbling-blocks of one will and one operation in the two natures of Christ our true God, one of the Holy Trinity; thus disseminating, in novel terms, amongst the orthodox people, an heresy similar to the mad and wicked doctrine of the impious Apollinaris, Severus, and Themistius, and endeavouring craftily to destroy the perfection of the incarnation of the same our Lord Jesus Christ, our God, by blasphemously representing his flesh endowed with a rational soul as devoid of will or operation. Christ, therefore, our God, has raised up our faithful Sovereign, a new David, having found him a man after his own heart, who as it is written, “has not suffered his eyes to sleep nor his eyelids to slumber,” until he has found a perfect declaration of orthodoxy by this our God-collected and holy Synod; for, according to the sentence spoken of God, “Where two or three are gathered together in my name, there am I in the midst of them,” the present holy and Ecumenical Synod faithfully receiving and saluting with uplifted hands as well the suggestion which by the most holy and blessed Agatho, Pope of ancient Rome, was sent to our most pious and faithful Emperor Constantine, which rejected by name those who taught or preached one will and one operation in the dispensation of the incarnation of our Lord Jesus Christ who is our very God, has likewise adopted that other synodal suggestion which was sent by the Council holden under the same most holy Pope, composed of 125 Bishops, beloved of God, to his God-instructed tranquillity, as consonant to the holy Council of Chalcedon and to the Tome of the most holy and blessed Leo, Pope of the same old Rome, which was directed to St. Flavian, which also this Council called the Pillar of the right faith; and also agrees with the Synodal Epistles which were written by Blessed Cyril against the impious Nestorius and addressed to the Oriental Bishops. Following the five holy Ecumenical Councils and the holy and approved Fathers, with one voice defining thatour Lord Jesus Christ must be confessed to be very God and very man, one of the holy and consubstantial and life-giving Trinity, perfect in Deity and perfect in humanity, very God and very man, of a reasonable soul and human body subsisting; consubstantial with the Father as touching his Godhead and consubstantial with us as touching his manhood; in all things like unto us, sin only excepted; begotten of his Father before all ages according to his Godhead, but in these last days for us men and for our salvation made man of the Holy Ghost and of the Virgin Mary, strictly and properly the Mother of God according to the flesh; one and the same Christ our Lord the only-begotten Son of two natures un-confusedly, unchangeably, inseparably indivisibly to be recognized, the peculiarities of neither nature being lost by the union but rather the proprieties of each nature being preserved, concurring in one Person and in one subsistence, not parted or divided into two persons but one and the same only-begotten Son of God, the Word, our Lord Jesus Christ, according as the Prophets of old have taught us and as our Lord Jesus Christ himself hath instructed us, and the Creed of the holy Fathers hath delivered to us; defining all this we likewise declare that in him are two naturalwills and two natural operations indivisibly, inconvertibly, inseparably, inconfusedly, according to the teaching of the holy Fathers. And these two natural wills are not contrary the one to the other (God forbid!) as the impious heretics assert, but his human will follows and that not as resisting and reluctant, but rather as subject to his divine and omnipotent will. For it was right that the flesh should be moved but subject to the divine will, according to the most wise Athanasius. For as his flesh is called and is the flesh of God the Word, so also the natural will of his flesh is called and is the proper will of God the Word, as he himself says: “I came down from heaven, not that I might do mine own will but the will of the Father which sent me!” where he calls his own will the will of his flesh, inasmuch as his flesh was also his own. For as his most holy and immaculate animated flesh was not destroyed because it was deified but continued in its own state and nature (orw te kai logw), so also his human will,although deified, was not suppressed, but was rather preserved according to the saying of Gregory Theologus: “His will [i.e., the Saviour’s] is not contrary to God but altogether deified.”

We glorify two natural operations indivisibly, immutably, inconfusedly, inseparably in the same our Lord Jesus Christ our true God, that is to say a divine operation and a human operation, according to the divine preacher Leo, who most distinctly asserts as follows: “For each form (morfh) does in communion with the other what pertains properly to it, the Word, namely, doing that which pertains to the Word, and the flesh that which pertains to the flesh.”

For we will not admit one natural operation in God and in the creature, as we will not exalt into the divine essence what is created, nor will we bring down the glory of the divine nature to the place suited to the creature.

We recognize the miracles and the sufferings as of one and the same [Person], but of one or of the other nature of which he is and in which he exists, as Cyril admirably says. Preserving therefore the inconfused- ness and indivisibility, we make briefly this whole confession, believing our Lord Jesus Christ to be one of the Trinity and after the incarnation our true God, we say that his two natures shone forth in his one subsistence in which he both performed the miracles and endured the sufferings through the whole of his economic conversation (di oolh" autou th" oikonomkh" anastrofh"), and that not in appearance only but in very deed, and this by reason of the difference of nature which must be recognized in the same Person, for although joined together yet each nature wills and does the things proper to it and that indivisibly and inconfusedly. Wherefore we confess two wills and two operations, concurring most fitly in him for the salvation of the human race.

These firings, therefore, with all diligence and care having been formulated by us, we define that it be permitted to no one to bring forward, or to write, or to compose, or to think, or to teach a different faith. Whosoever shall presume to compose a different faith, or to propose, or teach, or hand to those wishing to be converted to the knowledge of the truth, from the Gentiles or Jews, or from any heresy, any different Creed; or to introduce a new voice or invention of speech to subvert these things which now have been determined by us, all these, if they be Bishops or clerics let them be deposed, the Bishops from the Episcopate, the clerics from the clergy; but if they be monks or laymen: let them be anathematized).
The Prosphoneticus to the Emperor.

 (Labbe and Cossart, Concilia, Tom. VI., col. 1047 et seqq).[This address begins with many compliments to the Emperor, especially for his zeal for the true faith.]


But because the adversary Satan allows no rest, he has raised up the very ministers of Christ against him, as if armed and carrying weapons, etc.

[The various heretics are then named and how they were condemned by the preceding five councils is set forth.]

Things being so, it was necessary that your beloved of Christ majesty should gather together this all holy, and numerous assembly.

Thereafter being inspired by the Holy Ghost, and all agreeing and consenting together, and giving our approval to the doctrinal letter of our most blessed and exalted pope, Agatho, which he sent to your mightiness, as also agreeing to the suggestion of the holy synod of one hundred and twenty-five fathers held under him, we teach that one of fire Holy Trinity, our Lord Jesus Christ, was incarnate, and must be celebrated in two perfect natures without division and without confusion. For as the Word, he is consubstantial and eternal with God his father; but as taking flesh of the immaculate Virgin Mary, the Mother of God, he is perfect man, consubstantial with us and made in time. We declare therefore that he is perfect in Godhead and that the same is perfect likewise in manhood, according to the pristine tradition of the fathers and the divine definition of Chalcedon.

And as we recognize two natures, so also we recognize two natural wills and two natural operations. For we dare not say that either of the natures which are in Christ in his incarnation is without a will and operation: lest in taking away the proprieties of those natures, we likewise take away the natures of which they are the proprieties. For we neither deny rite natural will of his humanity, or its naturaloperation: lest we also deny what is the chief thing of the dispensation for our salvation, and lest we attribute passions to the Godhead. For this they were attempting who have recently introduced the detestable novelty that in him there is but one will and one operation, renewing the malignancy of Arius, Apollinaris, Eutyches and Severus. For should we say that the human nature of our Lord is without will and operation, how could we affirm in safety the perfect humanity? For nothing else constitutes the integrity of human nature except the essential will, through which the strength of free-will is marked in us; and this is also the case with the substantial operation. For how shall we call him perfect in humanity if he in no wise suffered and acted as a man? For like as the union of two natures preserves for us one subsistence without confusion and without division; so this one subsistence, shewing itself in twonatures, demonstratesas its own whatthings belong to each.

Therefore we declare that in him there are two natural wills and two natural operations, proceeding commonly and without division: but we cast out of the Church and rightly subject to anathema all superfluous novelties as well as their inventors: to wit, Theodore of Pharan, Sergius and Paul, Pyrrhus, and Peter (who were archbishops of Constantinople), moreover Cyrus, who bore the priesthood of Alexandria, and with them Honorius, who was the ruler (proedron) of Rome, as he followed them in these things. Besides these, with the best of cause we anathematize and depose Macarius, who was bishop of Antioch, and his disciple Stephen (or rather we should say master), who tried to defend the impiety of their predecessors, and in short stirred up the whole world, and by their pestilential letters and by their fraudulent institutions devastated multitudes in every direction. Likewise also that old man Polychronius, with an infantile intelligence, who promised he would raise the dead and who when they did not rise, was laughed at; and all who have taught, or do teach, or shall presume to teach one will and one operation in the incarnate Christ. . . But the highest prince of the Apostles fought with us: for we had on our side his imitator and the successor in his see, who also had set forth in his letter the mystery of the divine word (qeolo gia"). For the ancient city of Rome handed thee a confession of divine character, and a chart from the sunsetting raised up the day of dogmas, and made the darkness manifest, and Peter spoke through Agatho, and thou, O autocratic King, according to the divine decree, with the Omnipotent Sharer of thy throne, didst judge.But, O benign and justice-loving Lord,do thou in return do this favour to him who hath bestowed thy power upon thee; and give, as a seal to what has been defined by us, thy imperial ratification in writing, and so confirm them with the customary pious edicts and constitutions, that no one may contradict the things which have been done, nor raise any fresh question. For rest assured, O serene majesty, that we have not falsified anything defined by the Ecumenical Councils and by the approved fathers, but we have confirmed them. And now we all cry out with one mind and one voice, “O God, save the King! etc., etc.”

[Then follow numerous compliments to the Emperor and prayers for his preservation.]
Letter of the Council to St. Agatho.


(Found in Migne, Pat. Lat., Tom. LXXXVII., col. 1247 et seqq.; and Labbe and Cossart, Concilia, Tom. VI., col. 1071 et seqq).

A copy of the letter sent by the holy and Ecumenical Sixth Council to Agatho, the most blessed and most holy pope of Old Rome.

The holy and ecumenical council which by the grace of God and the pious sanction of the most pious and faithful Constantine, the great Emperor, has been gathered together in this God-preserved and royal city, Constantinople, the new Rome, in the Secretum of the imperial (qeiou, sacri) palace called Trullus, to the most holy and most blessed pope of Old Rome, Agatho, health in the Lord.

Serious illnesses call for greater helps, as you know, most blessed [father]; and therefore Christ our true God, who is the creator and governing power of all things, gave a wise physician, namely your God-honoured sanctity, to drive away by force the contagion of heretical pestilence by the remedies of orthodoxy, and to give the strength of health to the members of the church. Therefore to thee, as to the bishop of the first see of the Universal Church, we leave what must be done, since you willingly take for your standing ground the firm rock of the faith, as we know from having read your true confession in the letter sent by your fatherly beatitude to the most pious emperor: and we acknowledge that this letter was divinely written (perscriptas) as by the Chief of the Apostles, and through it we have cast out the heretical sect of many errors which had recently sprung up, having been urged to making a decree by Constantine who divinely reigns, and wields a most clement sceptre. And by his help we have overthrown the error of impiety, having as it were laid siege to the nefarious doctrine of the heretics. And then tearing to pieces the foundations of their execrable heresy, and attacking them with spiritual and paternal arms, and confounding their tongues that they might not speak consistently with each other, we overturned the tower built up by these followers of this most impious heresy; and we slew them with anathema, as lapsed concerning the faith and as sinners, in the morning outside the camp of the tabernacle of God, that we may express ourselves after the manner of David,1 in accordance with the sentence already given concerning them in your letter, and their names are these: Theodore, bishop of Pharan, Sergius, Honorius, Cyrus, Paul, Pyrrhus and Peter. Moreover, in addition to these, we justly subjected to the anathema of heretics those also who live in their impiety which they have received, or, to speak more accurately, in the impiety of these God-hated persons, Apollinaris, Severus and Themestius, to wit, Macarius, who was the bishop of the great city of Antioch (and him we also stripped deservedly of his pastor’s robes on account of his impenitence concerning the orthodox faith and his obstinate stubbornness), and Stephen, his disciple in craziness and his teacher in impiety, also Polychronius, who was inveterate in his heretical doctrines, thus answering to his name; and finally all those who impenitently have taught or do teach, or now hold or have held similar doctrines.

Up to now grief, sorrow, and many tears have been our portion. For we cannot laugh at the fall of our neighbours, nor exult with joy at their unbridled madness, nor have we been elated that we might fall all the more grievously because of this thing; not thus, O venerable and sacred head, have we been taught, we who hold Christ, the Lord of the universe, to be both benign and man-loving in the highest degree; for he exhorts us to be imitators of him in his priesthood so far as is possible, as becometh the good, and to obtain the pattern of his pastoral and conciliatory government. But also to true repentance the most Serene Emperor and ourselves have exhorted them in various ways, and we have conducted the whole matter with great religiousness and care. Nor have we been moved to do so for the sake of gain, nor by hatred, as you can easily see from what things have been done in each session, and related in the minutes, which are herewith sent to your blessedness: and you will understand from your holiness’s vicars, Theodore and George, presbyters beloved of God, and from John, the most religious deacon, and from Constantine, the most venerable sub-deacon, all of them your spiritual children and our well-loved brethren. So too you will hear the same things from those sent by your holy synod, the holy bishops who rightly and uprightly, in accordance with your discipline, decreed with us in the first chapter of the faith.

Thus, illuminated by the Holy Spirit, and instructed by your doctrine, we have cast forth the vile doctrines of impiety, making smooth the right path of orthodoxy, being in every way encouraged and helped in so doing by the wisdom and power of our most pious and serene Emperor Constantine. And then one of our number, the most holy praesul of this reigning Constantinople, in the first place assenting to the orthodox compositions sent by you to the most pious emperor as in all respects agreeable to the teaching of the approved Fathers and of the God-instructed Fathers, and of the holy five universal councils, we all, by the help of Christ our God, easily accomplished what we were striving after. For as God was the mover, so God also he crowned our council.

Thereupon, therefore, the grace of the Holy Spirit shone upon us, displaying his power, through your assiduous prayers, for the uprooting of all weeds and every tree which brought not forth good fruit, and giving command that they should be consumed by fire. And we all agree both in heart and tongue, and hand, and have put forth, by the assistance of the life-giving Spirit, a definition, clean from all error, certain, and infallible; not ‘removing the ancient landmarks, as it is written (God forbid!), but remaining steadfast in the testimonies and authority of the holy and approved fathers, and defining that, as of two and in two natures (to wit, the divinity and the humanity) of which he is composed and in which he exists, Christ our true God is preached by us, and is glorified inseparably, unchangeably, unconfusedly, and undividedly; just so also we predicate of him two natural operations, undividedly, incontrovertibly, unconfusedly, inseparably, as has been declared in our synodal definition. These decrees the majesty of our God-copying Emperor assented to, and subscribed them with his own hand. And, as has been said, we rejected and condemned that most impious and unsubstantial heresy which affirmed but one will and one operation in the incarnate Christ our true God, and by so doing we have pressed sore upon the crowd who confound and who divide, and have extinguished the inflamed storm of other heresies, but we have set forth clearly with you the shining light of the orthodox faith, and we pray your paternal sanctity to confirm our decree by your honourable rescript; through which we confide in good hope in Christ that his merciful kindness will grant freely to the Roman State, committed to the care of our most clement Emperor, stability; and will adorn with daily yokes and victories his most serene elemency; and that in addition to the good things he has here bestowed upon us, he will set your God-honoured holiness before his tremendous tribunal as one who has sincerely confessed the true faith, preserving it unsullied and keeping good ward over the orthodox flocks committed to him by God.’

We and all who are with us salute all the brethren in Christ who are with your blessedness).
Excursus on the Condemnation of Pope Honorius.


To this decree attaches not only the necessary importance and interest which belongs to any ecumenical decision upon a disputed doctrinal question with regard to the incarnation of the Son of God, but an altogether accidental interest, arising from the fact that by this decree a Pope of Rome is stricken with anathema in the person of Honorius. I need hardly remind the reader how many interesting and difficult questions in theology such an action on the part of an Ecumenical Council raises, and how all important, not to say vital, to such as accept the ruling of the recent Vatican Council, it is that some explanation of this fact should be arrived at which will be satisfactory. It would be highly improper for me in these pages to discuss the matter theologically. Volumes on each side have been written on this subject, and to these I must refer the reader, but in doing so I hope I may be pardoned if I add a word of counsel—to read both sides. If one’s knowledge is derived only from modern Eastern, Anglican or Protestant writers, such as “Janus and the Council,” the Pere Gratry’s “Letters,” or Littledale’s controversial books against Rome, one is apt to be as much one-sided as if he took his information from Cardinal Baronius, Cardinal Bellarmine, Rohrbacher’s History, or from the recent work on the subject by Pennacchi.2 Perhaps the average reader will hardly find a more satisfactory treatment than that by Bossuet in the Defensio. (Liber VII., cap. xxi, etc).

It will be sufficient for the purposes of this volume to state that Roman Catholic Curialist writers are not at one as to how the matter is to be treated. Pennacchi, in his work referred to above, is of opinion that Honorius’s letters were strictly speaking Papal decrees, set forth auctoritate apostolica, and therefore irreformable, but he declares, contrary to the opinion of almost all theologians and to the decree of this Council, that they are orthodox, and that the Council erred in condemning them; as he expresses it, the decree rests upon all error in facto dogmatico. To save an Ecumenical Synod from error, he thinks the synod ceased to be ecumenical before it took this action, and was at that time only a synod of a number of Orientals! Cardinal Baronius has another way out of the difficulty. He says that the name of Honorius was forged and put in the decree by an erasure in the place of the name of Theodore, the quondam Patriarch, who soon after the Council got himself restored to the Patriarchal position. Baronius moreover holds that Honorius’s letters have been corrupted, that the Ac of the Council have been corrupted, and, in short, that everything which declares or proves that Honorius was a heretic or was condemned by an Ecumenical Council as such, is untrustworthy and false. The groundlessness, not to say absurdity, of Baronius’s view has been often exposed by those of his own communion, a brief but sufficient summary of the refutation will be found in Hefele, who while taking a very halting and unsatisfactory position himself, yet is perfectly clear that Baronius’s contention is utterly indefensible.3

Most Roman controversialists of recent years have admitted both the fact of Pope Honorius’s condemnation (which Baronius denies), and the monothelite (and therefore heretical) character of his epistles, but they are of opinion that these letters were not his ex cathedra utterances as Doctor Universalis, but mere expressions of the private opinion of the Pontiff as a theologian. With this matter we have no concern in this connexion.

I shall therefore say nothing further on this point but shall simply supply the leading proofs that Honorius was as a matter of fact condemned by the Sixth Ecumenical Council.

1. His condemnation is found in the Ac in the xiiith Session, near the beginning.

2. His two letters were ordered to be burned at the same session).

3. In the xvith Session the bishops exclaimed “Anathema to the heretic Sergius, to the heretic Cyrus, to the heretic Honorius, etc.”

4. In the decree of faith published at the xviijth Session it is stated that “the originator of all evil ... found a fit tool for his will in ... Honorius, Pope of Old Rome, etc.”

5. The report of the Council to the Emperor says that “Honorius, formerly bishop of Rome” they had “punished with exclusion and anathema” because he followed the monothelites.

6. In its letter to Pope Agatho the Council says it “has slain with anathema Honorius.”

7. The imperial decree speaks of the “unholy priests who infected the Church and falsely governed” and mentions among them “Honorius, the Pope of Old Rome, the confirmer of heresy who contradicted himself.” The Emperor goes on to anathematize “Honorius who was Pope of Old Rome, who in everything agreed with them, went with them, and strengthened the heresy.”

8. Pope Leo II. confirmed the decrees of the Council and expressly says that he too anathematized Honorius.4

9. That Honorius was anathematized by the Sixth Council is mentioned in the Trullan Canons (No. j)..

10. So too the Seventh Council declares its adhesion to the anathema in its decree of faith, and in several places in the acts the same is said.

11. Honorius’s name was found in the Roman copy of the Acts. This is evident from Anastasius’s life of Leo II. (Vita Leonis II).

12. The Papal Oath as found in the Liber Diurnus5 taken by each new Pope from the fifth to the eleventh century, in the form probably prescribed by Gregory II., “smites with eternal anathema the originators of the new heresy, Sergius, etc., together with Honorius, because he assisted the base assertion of the heretics.”

13. In the lesson for the feast of St. Leo II. in the Roman Breviary the name of Pope Honorius occurs among those excommunicated by the Sixth Synod. Upon this we may well hear Bossuet: “They suppress as far as they can, the Liber Diurnus: they have erased this from the Roman Breviary. Rave they therefore hidden it? Truth breaks out from all sides, and these things become so much the more evident, as they are the more studiously put out of sight.”6

With such an array of proof no conservative historian, it would seem, can question the fact that Honorius, the Pope of Rome, was condemned and anathematized as a heretic by the Sixth Ecumenical Council).
The Imperial Edict Posted in the Third Atrium of the Great Church Near What is Called Dicymbala.


In the name of our Lord and Master Jesus Christ, our God and Saviour, the most pious Emperor, the peaceful and Christ-loving Constantine, an Emperor faithful to God in Jesus Christ, to all our Christ-loving people living in this God-preserved and royal city.

[The document is very long, Hefele gives the following epitome, which is all sufficient for the ordinary reader, who will remember that it is an Edict of the Emperor and not anything proceeding from the council.]

Hefele’s Epitome (Hist. of the Councils, Vol.v., p. 178).

“The heresy of Apollinaris, etc., has been renewed by Theodore of Pharan and confirmed by Honorius, sometime Pope of Old Rome, who also contradicted himself. Also Cyrus, Pyrrhus, Paul, Peter; more recently. Macarius, Stephen, and Polychronius had diffused Monothelitism. He, the Emperor, had therefore convoked this holy and Ecumenical Synod, and published the present edict with the confession of faith, in order to confirm and establish its decrees. (There follows here an extended confession of faith, with proofs for the doctrine of two wills and operations). As he recognized the five earlier Ecumenical Synods, so he anathematized all heretics from Simon Magus, but especially the originator and patrons of the new heresy, Theodore and Sergius; also Pope Honorius, who was their adherent and patron in everything, and confirmed the heresy (ton kata panta toutoi" sunairethn kai bebaiwthn th" airesew", further, Cyrus, etc., and ordained that no one henceforth should hold a different faith, or venture to teach one will and one energy. In no other than the orthodox faith could men be saved. Whoever did not obey the imperial edict should, if he were a bishop or cleric be deposed; if an official, punished with confiscation of property and loss of the girdle (zwnh); if a private person, banished from the residence and all other cities.” 
The Canons of the Council in Trullo; Often Called the Quinisext Council.

a.d. 692.


Elenchus.
Introductory Note.


From the fact that the canons of the Council in Trullo are included in this volume of the Decrees and Canons of the Seven Ecumenical Councils it must not for an instant be supposed that it is intended thereby to affirm that these canons have any ecumenical authority, or that the council by which they were adopted can lay any claim to being ecumenical either in view of its constitution or of the subsequent treatment by the Church of its enactments.

It is true that it claimed at the time an ecumenical character, and styled itself such in several of its canons, it is true that in the mind of the Emperor Justinian II., who summoned it, it was intended to have been ecumenical. It is the that the Greeks at first declared it to be a continuation of the Sixth Synod and that by this name they frequently denominate and quote its canons. But it is also true that the West was not really represented at it at all (as we shall see presently); that when the Emperor afterwards sent the canons to the Pope to receive his signature, he absolutely refused to have anything to do with them; and it is further true that they were never practically observed by the West at all, and that even in the East their authority was rather theoretical than real. (Fleury. Histoire Ecclesiastique, Livre XL., Chap. xlix).

As the two last General Councils (in 553 and in 681) had not made any Canons, the Orientals judged it suitable to supply them eleven years after the Sixth Council, that is to say, the year 692, fifth indiction. For that purpose the Emperor Justinian convoked a Council, at which 211 Bishops attended, of whom the principal were the four Patriarchs, Paul of Constantinople, Peter of Alexandria, Anastasius of Jerusalem, George of Antioch. Next in the subscriptions are named Jn of Justinianopolis, Cyriacus of Cesarea in Cappadocia, Basil of Gortyna in Crete, who says that he represents the whole Council of the Roman Church, as he had said in subscribing the Sixth Council. But it is certain otherwise that in this latter council there were present Legates of the Holy See. This council, like the Sixth,1 assembled in the dome of the palace called in Latin Trullus, which name it has kept. It is also named in Latin Quinisextum, in Greek Penthecton, as one might say, the fifth-sixth, to mark that it is only the supplement of the two preceding Councils, though properly it is a distinct one.

The intention was to make a body of discipline to serve thenceforth for the whole Church, and it was distributed into 102 Canons.

To this statement by Fleury some additions must be made. First, with regard to the date of the synod. This is not so certain as would appear at first sight. At the Seventh Ecumenical Council, the patriarch Tarasius of Constantinople asserted that, “four or five years after the sixth Ecumenical Council the same bishops, in a new assembly under Justinian II. had published the [Trullan] Canons mentioned,” and this assertion the Seventh Council appears to have accepted as true, if we understand the sixth session aright. Now were this statement true, the date would be probably 686, but this is impossible by the words of the council itself, where we find mention made of the fifteenth of January of the past 4th indiction, or the year of the world, 6109. To make this agree at all, scholars tell us that for 4,must be read 14,But the rest of the statement is equally erroneous, the bishops were not the same, as can readily be seen by comparing the subscriptions to the Acts. The year of the world 6109 is certainly wrong, and so other scholars would read 6199, but here a division takes place, for some reckon by the Constantinopolitan era, and so fix the date at 691, and others following the Alexandrian era fix it at 706. But this last is certainly wrong, for the canons were sent for signature to Pope Sergius, who died as early as 701. Hefele’s conclusion is as follows: (Hefele. Hist. of the Councils, Vol. V., p. 222).

The year 6199 of the Constantinopolitan era coincides with the year 691 after Christ and the IVth Indiction ran from September 1, 690, to August 31, 691. If then, our Synod, in canon iij., speaks of the 15th of January in the past Indiction IV., it means January 691; but it belongs itself, to the Vth Indiction, i.e., it was opened after September 1, 691, and before September 1, 692.

As this is not a history of the Councils but a collection of their decrees and canons with illustrative notes, the only other point to be considered is the reception these canons met with.

The decrees were signed first by the Emperor, the next place was left vacant for the Pope, then followed the subscriptions of the Patriarchs of Constantinople, Alexandria, Jerusalem, and Antioch, the whole number being 211, bishops or representatives of bishops. It is not quite certain whether any of the Patriarchs were present except Paul of Constantinople; but taking it all in all the probability is in favour of their presence.2 Blank places were left for the bishops of Thessalonica, Sardinia, Ravenna and Corinth. The Archbishop of Gortyna in Crete added to his signature the phrase “Holding the place of the holy Church of Rome in every synod.” He had in the same way signed the decrees of III. Constantinople, Crete belonging to the Roman Patriarchate; as to whether his delegation on the part of the Roman Synod continued or was merely made to continue by his own volition we have no information. The ridiculous blunder of Balsamon must be noted here, who asserts that the bishops whose names are missing and for which blank places were left, had actually signed.

Pope Sergius refused to sign the decrees when they were sent to him, rejected them as “lacking authority” (invalidi) and described them as containing “novel errors.” With the efforts to extort his signature we have no concern further than to state that they signally failed. Later on, in the time of Pope Constantine, a middle course seems to have been adopted, a course subsequently in the ninth century thus expressed by Pope Jn VIII., “he accepted all those canons which did not contradict the true faith, good morals, and the decrees of Rome,” a truly notable statement! Nearly a century later Pope Hadrian I. distinctly recognizes all the Trullan decrees in his letter to Tenasius of Constantinople and attributes them to the Sixth Synod. “All the holy six synods I receive with all their canons, which rightly and divinely were promulgated by them, among which is contained that in which reference is made to a Lamb being pointed to by the Precursor as being found in certain of the venerable images.” Here the reference is unmistakably to the Trullan Canon LXXXII. Hefele’s summing up of the whole matter is as follows: (Hefele, Hist. of the Councils, Vol. V., p. 242).

That the Seventh Ecumenical Council at Nice ascribed the Trullan canons to the Sixth Ecumenical Council, and spoke of them entirely in the Greek spirit, cannot astonish us, as it was attended almost solely by Greeks. They specially pronounced the recognition of the canons in question in their own first canon; but their own canons have never received the ratification of the Holy See).

Thus far Hefele, but it seems that Gratian’s statement on the subject in the Decretum should not be omitted here. (Pars I. Dist. XVI., c. 5,)“Canon V. The Sixth Synod is confirmed by the authority of Hadrian. “I receive the Sixth Synod with all its canons.

“Gratian. There is a doubt whether it set forth canons but this is easily removed by examnining the fourth session of the VIIth [VIth by mistake, vide Roman Correctors’ note] Synod. “For Peter the Bp. of Nicomedia says: “C. VI. The Sixth Synod wrote canons.

“I have a book containing the canons of the holy Sixth Synod. The Patriarch said:1. Some are scandalized through their ignorance of these canons, saying: Did the Sixth Synod make any canons? Let them know then that the Sixth Holy Synod was gathered together under Constantine against those who said there is one operation and one will in Christ, in which the holy Fathers anathematized these as heretics and explained the orthodox faith.

“II. Pars2. And the synod was dissolved in the XIVth year of Constantine. After four or five years the same holy Fathers met together under Justinian, the son of Constantine, and promulgated the aforementioned canons, of which let no one have any doubt. For they who under Constantine were in synod, these same bishops under Justinian subscribed to all these canons. For it was fitting that a Universal Synod should promulgate ecclesiastical canons. Item:3. The Holy Sixth Synod after it promulgated its definition against the Monothelites, the emperor Constantine who had summoned it, dying soon after, and Justinian his son reigning in his stead,the same holy synod divinely inspired again met at Constantinople four or five years afterwards, and promulgated one hundred and two canons for the correction of the Church.

“Gratian. From this therefore it may be gathered that the Sixth Synod was twice assembled: the first time under Constantine and then passed no canons; the second time under Justinian his son, and promulgated the aforesaid canons.”

Upon this passage of Gratian’s the Roman Correctors have a long and interesting note, with quotations from Anastasius, which should be read with care by the student but is too long to cite here.I close with some eminently wise remarks by Prof. Michaud. (E. Michaud, Discussion sur lea Sept Conciles (Ecumeniques, p. 272). Upon the canons of this council we must remark:

1. That save its acceptance of the dogmatic decisions of the six Ecumenical Councils, which is contained in the first canon, tiffs council had an exclusively disciplinary character; and consequently if it should be admitted by the particular churches, these would always remain, on account of their autonomy, judges of the fitness or non-suitability of the practical application of these decisions.

2. That the Easterns have never pretended to impose this code upon the practice of the Western Churches, especially as they themselves do not practise everywhere the hundred and two canons mentioned. All they wished to do was to maintain the ancient discipline against the abuses and evil innovations of the Roman Church, and to make her pause upon the dangerous course in which she was already beginning to enter.

3. That if among these canons, some do not apply to the actual present state of society, e.g., the 8th, 10th, 11th, etc.; if others, framed in a spirit of transition between the then Eastern customs and those of Rome, do not appear as logical nor as wise as one might desire, e.g., the 6th, 12th, 48th, etc., nevertheless on the other hand, many of them are marked with the most profound sagacity).
The Canons of the Council in Trullo.


(Labbe and Cossart, Concilia, Tom. VI., col. 1135 et seqq).

Canon I.

That order is best of all which makes every word and act begin and end in God. Wherefore that piety may be clearly set forth by us and that the Church of which Christ is the foundation may be continually increased and advanced, and that it may be exalted above the cedars of Lebanon; now therefore we, by divine grace at the beginning of our decrees, define that the faith set forth by the God-chosen Apostles who themselves had both seen and were ministers of the Word, shall be preserved without any innovation, unchanged and inviolate.

Moreover the faith of the three hundred and eighteen holy and blessed fathers who were assembled at Nice under Constantine our Emperor, against the impious Arius, and the gentile diversity of deity or rather (to speak accurately) multitude of gods taught by him, who by the unanimous acknowledgment of the faithful revealed and declared to us the consubstantiality of the Three Persons comprehended in the Divine Nature, not suffering this faith to lie hidden under the bushel of ignorance, but openly teaching the faithful to adore with one worship the Father, the Son, and the Holy Ghost, confuting and scattering to the winds the opinion of different grades, and demolishing and overturning the puerile toyings fabricated out of sand by the heretics against orthodoxy.

Likewise also we confirm that faith which was set forth by the one hundred and fifty fathers who in the time of Theoriesins the Elder, our Emperor, assembled in this imperial city, accepting their decisions with regard to the Holy Ghost in assertion of his godhead, and expelling the profane Macedonius (together with all previous enemies of the truth) as one who dared to judge Him to be a servant who is Lord, and who wished to divide, like a robber, the inseparable unity, so that there might be no perfect mystery of our faith.

And together with this odious and detestable contender against the truth, we condemn Apollinaris, priest of the same iniquity, who impiously belched forth that the Lord assumed a body unendowed with a soul,1 thence also inferring that his salvation wrought for us was imperfect.

Moreover what things were set forth by the two hundred God-bearing fathers in the city of Ephesus in the days of Theodosius our Emperor, the son of Arcadius; these doctrines we assent to as the unbroken strength of piety, teaching that Christ the incarnate Son of God is one; and declaring that she who bare him without human seed was the immaculate Ever-Virgin, glorifying her as literally and in very truth the Mother of God. We condemn as foreign to the divine scheme the absurd division of Nestorius, who teaches that the one Christ consists of a man separately and of the Godhead separately and renews the Jewish impiety.

Moreover we confirm that faith which at Chalcedon, the Metropolis, was set forth in accordance with orthodoxy by the six hundred and thirty God-approved fathers in the time of Marcian, who was our Emperor, which handed down with a great and mighty voice, even unto the ends of the earth, that the one Christ, the son of God, is of two natures, and must be glorified2 in these two natures, and which cast forth from the sacred precincts of the Church as a black pestilence to be avoided, Eutyches, babbling stupidly and inanely, and teaching that the great mystery of the incarnation (oikonwmia") was perfected in thought only. And together with him also Nestorius and Dioseorus of whom the former was the defender and champion of the division, the latter of the confusion [of the two natures in the one Christ], both of whom fell away from the divergence of their impiety to a common depth of perdition and denial of God).

Also we recognize as inspired by the Spirit the pious voices of the one hundred and sixty-five God-beating fathers who assembled in this imperial city in the time of our Emperor Justinian of blessed memory, and we teach them to those who come after us; for these synodically anathematized and execrated Theodore of Mopsuestia (the teacher of Nestorius), and Origen, and Didymus, and Evagrius, all of whom reintroduced feigned Greek myths, and brought back again the circlings of certain bodies and souls, and deranged turnings [or transmigrations] to the wanderings or dreamings of their minds, and impiously insulting the resurrection of the dead. Moreover [they condemned] what things were written by Theodoret against the right faith and against the Twelve Chapters of blessed Cyril, and that letter which is said to have been written by Ibas.

Also we agree to guard untouched the faith of the Sixth Holy Synod, which first assembled in this imperial city in the time of Constantine, our Emperor, of blessed memory, which faith received still greater confirmation from the fact that the pious Emperor ratified with his own signet that which was written for the security of future generations. This council taught that we should openly profess our faith that in the incarnation of Jesus Christ, our true God, there are two natural wills or volitions and two natural operations; and condemned by a just sentence those who adulterated the true doctrine and taught the people that in the one Lord Jesus Christ there is but one will and one operation; to wit, Theodore of Pharan, Cyrus of Alexandria, Honorius of Rome, Sergius, Pyrrhus, Paul and Peter, who were bishops of this God-preserved city; Macarius, who was bishop of Antioch; Stephen, who was his disciple, and the insane Polychronius, depriving them henceforth from the communion of the body of Christ our God.

And, to say so once for all, we decree that the faith shall stand firm and remain unsullied until the end of the world as well as the writings divinely handed down and the teachings of all those who have beautified and adorned the Church of God and were lights in the world, having embraced the word of life. And we reject and anathematize those whom they rejected and anathematized, as being enemies of the truth, and as insane ragers against God, and as lifters up of iniquity.

But if any one at all shall not observe and embrace the aforesaid pious decrees, and teach and preach in accordance therewith, but shall attempt to set himself in opposition thereto, let him be anathema, according to the decree already promulgated by the up-proved holy and blessed Fathers, and let him be cast out and stricken off as an alien from the number of Christians. For our decrees add nothing to the things previously defined, nor do they take anything away, nor have we any such power.
Notes.

Ancient Epitome of Canon I.


No innovation upon the faith of the Apostles to be allowed. The faith of the Nicene fathers is perfect, which overthrows through the homousionthe doctrines of Arius who introduced degrees into the Godhead.

The Synod held under Theodosius the great shall be held inviolate, which deposed Macedonius who asserted that the Holy Ghost was a servant.



The two hundred who under Theodosius the Younger assembled at Ephesus are to be reversedfor they expelled Nestorius who asserted that the Lord was man and God separately (idikw").Those who assembled at Chalcedon in the timeof Marcion are to be celebrated with eternal remembrance, who deposed Eutyches. who dared to say that the great mystery was accomplished only in image, as well as Nestorius and Dioscorus, observing equal things in an opposite direction.

One hundred and sixty-five were assembled in the imperial city by Justinian, who anathematized Origen, for teaching periods (periodou") of bodies and souls, and Theodoret who dared to set himself up to oppose the Twelve Chapters of Cyril.

At Constantinople a Synod was collected tinder Constantine which rejected Honorius of Rome and Sergius, prelate of Constantinople, for teaching one will and one operation).



Aristenus.

The fifth was held in the time of Justinian the Great at Constantinople against the crazy (parafron") Origen, Evagrius and Didymus, who remodelled the Greek figments, and stupidly said that the same bodies they had joined with them would not rise again; and that Paradise was not subject to the appreciation of the sense, and that it was not from God, and that Adam was not formed in flesh, and that there would be an end of punishment, and a restitution of the devils to their pristine state, and other innumerable insane blasphemies.

Canon II.

IT has also seemed good to this holy Council, that the eighty-five canons, received and ratified by the holy and blessed Fathers before us, and also handed down to us in the name of the holy and glorious Apostles should from this time forth remain firm and unshaken for the cure of souls and the healing of disorders. And in these canons we are bidden to receive the Constitutions of the Holy Apostles [written] by Clement. But formerly through the agency of those who erred from the faith certain adulterous matter was introduced, clean contrary to piety, for the polluting of the Church, which obscures the elegance and beauty of the divine decrees in their present form. We therefore reject these Constitutions so as the better to make sure of the edification and security of the most Christian flock; by no means admitting the offspring of heretical error, and cleaving to the pure and perfect doctrine of the Apostles. But we set our seal likewise upon all the other holy canons set forth by our holy and blessed Fathers, that is, by the 318 holy God-bearing Fathers assembled at Nice, and those at Ancyra, further those at NeoCaesarea and likewise those at Gangra, and besides, those at Antioch in Syria: those too at Laodicea in Phrygia: and likewise the 150 who assembled in this heaven-protected royal city: and the 200 who assembled the first time in the metropolis of the Ephesians, and the 630 holy and blessed Fathers at Chalcedon. In like manner those of Sardica, and those of Carthage: those also who again assembled in this heaven-protected royal city under its bishop Nectarins and Theophilus Archbishop of Alexandria. Likewise too the Canons [i.e. the decretal letters] of Dionysius, formerly Archbishop of the great city of Alexandria; and of Peter, Archbishop of Alexandria and Martyr; of Gregory the Wonder-worker, Bishop of NeoCaesarea; of Athanasius, Archbishop of Alexandria; of Basil, Archbishop of Caesarea in Cappadocia; of Gregory, Bishop of Nyssa; of Gregory Theologus; of Amphilochius of Iconium; of Timothy, Archbishop of Alexandria; of Theophilus, Archbishop of the same great city of Alexandria; of Cyril, Archbishop of the same Alexandria; of Gennadius, Patriarch of this heaven-protected royal city. Moreover the Canon set forth by Cyprian, Archbishop of the country of the Africans and Martyr, and by the Synod under him, which has been kept only in the country of the aforesaid Bishops, according to the custom delivered down to them. And that no one be allowed to transgress or disregard the aforesaid canons, or to receive others beside them, supposititiously set forth by certain who have attempted to make a traffic of the truth. But should any one be convicted of innovating upon, or attempting to overturn, any of the afore-mentioned canons, he shall be subject to receive the penalty which that canon imposes, and to be cured by it of his transgression.
Notes.

Ancient Epitome of Canon II.


Whatever additions have been made throughguile by the heterodox in the Apostolic Constitu-tions edited by Clement, shall be cut out.

This canon defines what canons are to be understood as having received the sanction of ecumenical authority, and since these canons of the Council in Trullo were received at the Seventh Ecumenical Council in its first canon as the canons of the Sixth Ecumenical (of which the Quinisext claimed to be a legitimate continuation) there can be no doubt that all these canons enumerated in this canon are set forth for the guidance of the Church.

With regard to what councils are intended: there is difficulty only in two particulars, viz., the “Council of Constantinople under Necta- rius and Theophilus,”1 and the “Council under Cyprian;” the former must be the Council of 394, and the latter is usually considered to be the III. Synod of Carthage, a.d. 257.



Fleury.

(H.E. Liv. xl., chap. xlix).

The Council of Constantinople under Nectarius and Theophilus of Alexandria must be that held in 394, at the dedication of Ruffinus’s Church; but we have not its canons. ... “The canon published by St. Cyprian for the African Church alone.” It is difficult to understand what canon is referred to unless it is the preface to the council of St. Cyprian where he says that no one should pretend to be bishop of bishops, or to oblige his colleagues to obey him by tyrannical fear.

It will be noticed that while the canon is most careful to mention the exact number of Apostolic canons it received, thus deciding in favour of the larger code, it is equally careful not to assign them an Apostolic origin, but merely to say that they had come down to them “in the name of” the Apostles. In the face of this it is strange to find Balsamon saying, “Through this canon their mouth is stopped who say that 85 canons were not set forth by the holy Apostles;” what the council did settle, so far as its authority went, was the number not the authorship of the canons. This, I think, is all that Balsamon intended to assert, but his words might easily be quoted as having a different meaning.

This canon is found, in part, in the Corpus Juris Canonici, Gratian’s Decretum, Pars I., Dist. XVI, c. VII.

Canon III.

Since our pious and Christian Emperor has addressed this holy and ecumenical council, in order that it might provide for the purity of those who are in the list of the clergy, and who transmit divine things to others, and that they may be blameless ministrants, and worthy of the sacrifice of the great God, who is both Offering and High Priest, a sacrifice apprehended by the intelligence: and that it might cleanse away the pollutions wherewith these have been branded by unlawful marriages: now whereas they of the most holy Roman Church purpose to keep the rule of exact perfection, but those who are under the throne of this heaven-protected and royal city keep that of kindness and consideration, so blending both together as our fathers have done, and as the love of God requires, that neither gentleness fall into licence, nor severity into harshness; especially as the fault of ignorance has reached no small number of men, we decree, that those who are involved in a second marriage, and have been slaves to sin up to the fifteenth of the past month of January, in the past fourth Indiction, the 6109th year, and have not resolved to repent of it, be subjected to canonical deposition: but that they who are involved in this disorder of a second marriage, but before our decree have acknowledged what is fitting, and have cut off their sin, and have put far from them this strange and illegitimate connexion, or they whose wives by second marriage are already dead, or who have turned to repentance of their own accord, having learnt continence, and having quickly forgotten their former iniquities, whether they be presbyters or deacons, these we have determined should cease from all priestly ministrations or exercise, being under punishment for a certain time, but should retain the honour of their seat and station, being satisfied with their seat before the laity and begging with tears from the Lord that the transgression of their ignorance be pardoned them: for unfitting it were that he should bless another who has to tend his own wounds. But those who have been married to one wife, if she was a widow, and likewise those who after their ordination have unlawfully entered into one marriage that is, presbyters, and deacons, and subdeacons, being debarred for some short time from sacred ministration, and censured, shall be restored again to their proper rank, never advancing to any further rank, their unlawful marriage being openly dissolved. This we decree to hold good only in the case of those that are involved in the aforesaid faults up to the fifteenth (as was said) of the month of January, of the fourth Indiction, decreeing from the present time, and renewing the Canon which declares, that he who has been joined in two marriages after his baptism, or has had a concubine, cannot be bishop, or presbyter, or deacon, or at all on the sacerdotal list; in like manner, that he who has taken a widow, or a divorced person, or a harlot, or a servant, or an actress, cannot be bishop, or presbyter, or deacon, or at all on the sacerdotal list.
Notes.

Ancient Epitome of Canon III.


Priests who shall have contracted second marriages and will not give them up are to be deposed. But those who leave off the wickedness, let them cease for a fixed period. For he that is himself wounded does not bless. But who are implicated in nefarious marriage and who after ordination have contracted marriage, after a definite time they shall be restored to their grade, provided they remain without offence, having plainly brown off the marriage. But if after it shall have been prohibited by this decree they attempt to do so they shall remain deposed.



Zonaras.

What things pertain to this third canon are only adapted to the time in which the canon was passed; and afterwards are of no force at all. But what things the Fathers wished to be binding on posterity are contained in the seventeenth and eighteenth canons of the holy Apostles, which as having been neglected during the course of time this synod wished to renew.



Van Espen.

It is clear from this canon that the Emperor very especially intended that the indulgence which the Church of Constantinople extended to its presbyters and deacons in allowing them the use of marriage entered into before ordination, should not be allowed to go any further, nor to be an occasion for the violation of that truly Apostolic canon, “The bishop, the presbyter, and the deacon must be the husband of one wife.” I. Tim. 3,2.

For never did the Constantinopolitan nor any other Eastern Church allow by canon a digamist (or a man successively the husband of many wives) to be advanced to the order of presbyter or deacon, or to use any second marriage.



Antonio Pereira.

(Tentativa Theologica). [Eng. trans.] III. Principle, p. 79).

In the same manner a second marriage always, and everywhere, incapacitated the clergy for Holy Orders and the Episcopate. This appears from St. Paul, 1Tm Chap. iii., and Titus, Chap. i., and it was expressly enactedby the sixteenth of the Apostolical Canons, renewed by the Popes Siricius, Innocent and Leo the Great, and may be gathered from the ancient fathers and councils generally received in the Church.

Nevertheless we know from Theodoret, Bishop of Cyrus, that many bishops remarkable for their learning and sanctity, frequently dispensed with this Apostolical law; as Alexander of Antioch, Acacius of Berea, Prayline of Jerusalem, Proclus of Constantinople, and others, by whose example Theodoret defends his own conduct in the case of Irenaaeus, in ordaining him Archbishop of Tyre, although he had been twice married. But what is more surprising in this matter is that, notwithstanding the eleventh Decretal of Siricius, and the twelfth of Innocentius the First, that they who had either been twice married, or had married widows, were incapable of ordination, and ought to be deposed; the Council of Toledo, Canon 3, and the First Council of Orange, Canon 25, both dispensed with these Pontifical laws. The first, in order that those who had married widows might remain in holy orders; the second, that such as had twice married might be promoted to the order of subdeacon. Socrates also observes that although it was a general law not to admit catechumens to orders, the bishops of Alexandria were in the habit of promoting such to the order of readers and singers.



Fleury.

(H. E., Liv. XL., chap. 1).

These canons of the Council of Trullo have served ever since to the Greeks and to all the Christians of the East as the universal rule with regard to clerical continence,and they have been now in full force for a thousand years. That is to say, It is not permitted to men who are clerics in Holy Orders to marry after their ordination. Bishops must keep perfect continence, whether before their consecration they are married or not. Priests, deacons, and subdeacons already married can keep their wives and live with them, except on the days they are to approach the holy mysteries).

Canon IV.

IF any bishop, presbyter, deacon, sub-deacon, lector, cantor, or door-keeper has had intercourse with a woman dedicated to God, let him be deposed, as one who has corrupted a spouse of Christ, but if a layman let him be cut off.
Notes.

Ancient Epitome of Canon IV.


A cleric coupled to a spouse of God shall be deposed In the case of a layman he shall be cut off.

This canon is found in the Corpus Juris Canonici, Gratian’s Decretum, Pars II., Causa XXVII., Q. I., c. vj.

A layman ravishing a nun, by secular law was punished by death. Balsamon gives the reference thus: V Cap. primi tit. iiij. Lib. Basilic. or cxxiij. Novel.

Canon V.

Let none of those who are on the priestly list possess any woman or maid servant, beyond those who are enumerated in the canon as being persons free from suspicion, preserving himself hereby from being implicated in any blame. But if anyone transgresses our decree let him be deposed. And let eunuchs also observe the same rule, that by foresight they may be free of censure. But those who transgress, let them be deposed, if indeed they are clerics; but if laymen let them be excommunicated.
Notes.

Ancient Epitome of Canon V.


A priest, even if a eunuch, shall not have in his house a maid or other woman except those on whom no suspicion can light.

See Canon III., of First Ecumenical Council at Nice. This canon adds Eunuchs.

Canon VI.

Since it is declared in the apostolic canons that of those who are advanced to the clergy unmarried, only lectors and cantors are able to marry; we also, maintaining this, determine that henceforth it is in nowise lawful for any subdeacon, deacon or presbyter after his ordination to contract matrimony but if he shall have dared to do so, let him be deposed. And if any of those who enter the clergy, wishes to be joined to a wife in lawful marriage before he is ordained subdeacon, deacon, or presbyter, let it be done.
Notes.

Ancient Epitome of Canon VI.


If any ordained person contracts matrimony, let him be deposed. If he wishes to be married he should become so before his ordination.

Aristenus points out how this canon annuls the tenth canon of Ancyra, which allows a deacon and even a presbyter to marry after ordination and continue in his ministry, provided at the time of his ordination he had in the presence of witnesses declared his inability to remain chaste or his desire to marry. This present canon follows the XXVIth of the Apostolic canons.

The last clause of this canon, limited in its application to subdeacons, is found in the Corpus Juris Canonici, Gratian’s Decretum, Pars I., Dist. XXXII., c. 6,
Excursus on the Marriage of the Clergy.


On this subject there is a popular misconception which must first be removed. In the popular mind to-day there is no distinction between “a married clergy” being allowed, and “the marriage of the clergy” being allowed; even theological writers who have attained some repute have confused these two things in the most unfortunate and perplexing fashion. It will suffice to mention as an instance of this Bp. Harold Browne in his book on the XXXIX. Articles, in which not only is the confusion above spoken of made, but the very blunder is used for controversial purposes, to back up and support by the authority of the ancient Church in the East (which allowed a married clergy) the practice of the Nestorians and of the modern Church of England, both of which tolerate the marriage of the clergy, a thing which the ancient Church abhorred and punished with deposition.

I cannot better express the doctrine and practice of the ancient Church in the East than by quoting the words of the Ap Jn Fulton in the Introduction to the Third Edition of his Index Canonum.1 He says: “Marriage was no impediment to ordination even as a Bishop; and Bishops, Priests, and Deacons, equally with other men, were forbidden to put away their wives under pretext of religion. The case was different when a man was unmarried at the time of his ordination. Then he was held to have given himself wholly to God in the office of the Holy Ministry, and he was forbidden to take back from his offering that measure of his cares and his affections which must necessarily be given to the maintenance and nurture of his family. In short, the married man might be ordained, but with a few exceptions no man was allowed to marry after ordination.” In his “Digest” sub voce “Celibacy” he gives the earliest canon law on the subject as follows: “None of the clergy, except readers and singers may marry after ordination (Ap. Can. xxvi).; but deacons may marry, if at their ordination they have declared an intention to do so (Ancyra x).. A priest who marries is to be deposed (NeoCaesarea i).. A deaconess who marries is to be anathematized (Chal. xv).; a monk or dedicated virgin who marries, is to be excommunicated (Chal. xvi).. Those who break their vows of celibacy are to fulfil the penance of digamists (Ancyra xix)..”2

We may then take it for a general principle that in no part of the ancient Church was a priest allowed to contract holy matrimony; and in no place was he allowed to exercise his priesthood afterwards, if he should dare to enter into such a relation with a woman. As I have so often remarked it is not my place to approve or disapprove this law of the Church, my duty is the much simpler one of tracing historically what the law was and what it is in the East and West to-day. The Reformers considered that in this, as in most other matters, these venerable churches had made a mistake, but neither the maintenance nor the disproof of this opinion in any way concerns me, so far as this volume is concerned. All that is necessary for me to do is to affirm that if a priest were at any time to attempt to marry, he would be attempting to do that which from the earliest times of which we have any record, no priest has ever been allowed to do, but which always has been punished as a gross sin of immorality.

In tracing the history of this subject, the only time during which any real difficulty presents itself is the first three centuries, after that all is much clearer, and my duty is simply to lay the undisputed facts of the case before the reader.

We begin then with the debatable ground. And first with regard to the Lord, “the great High Priest of our profession,” of course there can be no doubt that he set the example, or—if any think that he was not a pattern for the priests of his Church to follow—at least lived the life, of celibacy. When we come to the question of what was the practice of his first followers in this matter, there would likewise seem to be but little if any reasonable doubt. For while of the Apostles we have it recorded only of Peter that he was a married man, we have it also expressly recorded that in his case, as in that of all the rest who had “forsaken all” to follow him, the Lord himself said, “Every one that hath forsaken houses, or brethren, or sisters, or father, or mother, or wife, or children, or lands, for my name’s sake shall receive an hundred fold and shall inherit eternal life.”3

There can be no doubt that St. Paul in his epistles allows and even contemplates the probability that those admitted to the ranks of the clergy will have been already married, but distinctly says that they must have been the “husband of one wife,”4 by which all antiquity and every commentator of gravity recognizes that digamists are cut off from the possibility of ordination, but there is nothing to imply that the marital connexion was to be continued after ordination. For a thorough treatment of this whole subject from the ancient and Patristic point of view, the reader is referred to St. Jerome.5

The next stage in our progress is marked by the so-called Apostolical Canons. Now for those who hold that these canons had directly or indirectly the Apostles for their author, or that as we have them now they are all of even sub-Apostolic date, the matter becomes more simple, for while indeed these canons do not expressly set forth the law subsequently formulated for the East, they certainly seem to be not inconsistent therewith, but rather to look that way, especially Canons V. and LI. But few will be found willing to support so extreme an hypothesis, and while indeed many scholars are of opinion that most of the canons of the collection we style “Apostolical,” are ante-Nicene, yet they will not be recognized as of more value than as so many mirrors, displaying what was at their date considered pure discipline. It is abundantly clear that the fathers in council in Trullo thought the discipline they were setting forth to be the original discipline of the Church in the matter, and the discipline of the West an innovation, but that such was really the case seems far from certain. Thomassinus treats this point with much learning, and I shall cite some of the authorities he brings forward. Of these the most important is Epiphanius, who as a Greek would be certain to give the tradition of the East, had there been any such tradition known in his time. I give the three great passages.

“It is evident that those from the priesthood are chiefly taken from the order of virgins, or if not from virgins, at least from monks; or if not from the order of monks, then they are wont to be made priests who keep themselves from their wives, or who are widows after a single marriage. But he that has been entangled by a second marriage is not admitted to priesthood in the Church, even if he be continent from his wife, or be a widower. Anyone of this sort is rejected from the grade of bishop, presbyter, deacon, or subdeacon. The order of reader, however, can be chosen from all the orders these grades can be chosen from, that is to say from virgins, monks, the continent, widowers, and they who are bound by honest marriage. Moreover, if necessity so compel, even digamists may be lectors, for such is not a priest, etc., etc.”6

“Christ taught us by an example that the priestly work and ornaments should be communicated to those who shall have preserved their continency after a single marriage, or shall have persevered in virginity. And this the Apostles thereafter honestly and piously decreed, through the ecclesiastical canon of the priesthood.”7

“Nay, moreover, he that still uses marriage, and begets children, even though the husband of but one wife, is by no means admitted by the Church to the order of deacon, presbyter, bishop, or subdeacon. But for all this, he who shall have kept himself from the commerce of his one wife, or has been deprived of her, may be ordained, and this is most usually the case in those places where the ecclesiastical canons are most accurately observed.”8

Nor is the weight of this evidence lessened, but much increased, by the acknowledgment of the same father that in some places in his days the celibate life was not observed by such priests as had wives, for he explains that such a state of things had come about “not from following the authority of the canons, but through the neglect of men, which is wont at certain periods to be the case.”9

The witness of the Western Fathers although so absolutely and indisputably clear is not so conclusive as to the East, and yet one passage from St. Jerome should be quoted. “The Virgin Christ and the Virgin Mary dedicated the virginity of both sexes. The Apostles were chosen when either virgins or continent after marriage, and bishops, presbyters, and deacons are chosen either when virgins, or widowers, or at least continent forever after the priesthood.”10

It would be out of place to enter into any detailed argument upon the force of these passages, but I shall lay before the reader the summing up of the whole matter by a weighty recent writer of the Ultramontane Roman School.

“Is the celibate an Apostolic ordinance? Bickel affirmed that it is, and Funk denied it in 1878. To-day [1896] canonists commonly admit that one cannot prove the existence of any formal precept, either divine or apostolic, which imposes the celibate upon the clergy, and that all the texts, whether taken out of Holy Scripture or from the Fathers, on this subject contain merely a counsel, and not a command.” “In the Fourth Century a great number of councils forbade bishops, priests, and deacons to live in the use of marriage with their lawful wives. ... But there does not appear to have been any disposition to declare by law as invalid the marriages of clerics in Holy Orders. In the Fifth and Sixth Centuries the law of the celibate was observed by all the Churches of the West, thanks to the Councils and to the Popes.” “In the Seventh and down to the end of the Tenth Century,11 as a matter of fact the law of celibacy was little observed in a great part of the Western Church, but as a matter of law the Roman Pontiffs and the Councils were constant in their proclamation of its obligation.” By the canonical practice of the unreformed West, the reception of Holy Orders is an impedimentum dirimens matrimonii, which renders any marriage subsequently contracted not only illicit but absolutely null. On this diriment impediment the same Roman Catholic writer says: “The diriment impediment of Holy Orders is of ecclesiastical obligation and not of divine, and consequently the Church can dispense it. This is the present teaching which is in opposition to that of the old schools.”

“There is no question of the nullity of the marriages contracted by clerics before 1139. At the Council of the Lateran of that year, Innocent II. declared that these marriages contracted in contempt of the ecclesiastical law are not true marriages in his eyes. His successors do not seem to have insisted much upon this new diriment impediment, although it was attacked most vigorously by the offending clergymen; but the School of Bologna, the authority of which was then undisputed, openly declared for the nullity of the marriages contracted by clerics in Holy Orders. Thus it is that this point of law has been settled rather by teaching, than by any precise text, or by any law of a known date.”12

It should not, however, be forgotten that although this is true with regard to Pope Innocent Il. in 1139, it is also true that in 530 the Emperor Justinian declared null and void all marriages contracted by clerics in Holy Orders, and the children of such marriages to be spurious (spurii).

The reader will be interested in reading the answer on this point made by King Henry VIII. to the letter sent him by the German ambassadors.13 I can here give but a part translated into English. “Although the Church from the beginning admitted married men, as priests and bishops, who were without crime, the husband of one wife, (out of the necessity of the times, as sufficient other suitable men could not be found as would suffice for the teaching of the world) yet Paul himself chose the celibate Timothy; but if anyone came unmarried to the priesthood and afterwards took a wife, he was always deposed from the priesthood, according to the canon of the Council of NeoCaesarea which was before that of Nice. So, too, in the Council of Chalcedon, in the first canon of which all former canons are confirmed, it is established that a deaconess, if she give herself over to marriage, shall remain under anathema, and a virgin who had dedicated herself to God and a monk who join themselves in marriage, shall remain excommunicated. ... No Apostolic canon nor the Council of Nice contain anything similar to what you assert, viz.: that priests once ordained can marry afterwards. And with this statement agrees the Sixth Synod, in which it was decreed that if any of the clergy should wish to lead a wife, he should do so before receiving the Subdiaconate, since afterwards it was by no means lawful; nor was there given in the Sixth Synod any liberty to priests of leading wives after their priesting, as you assert. Therefore from the beginning of the newborn Church it is clearly seen that at no time it was permitted to a priest to lead a wife after his priesting, and nowhere, where this was attempted, was it done with impunity, but the culprit was deposed from his priesthood.”

Canon VII.

Since we have learned that in some churches deacons hold ecclesiastical offices, and that hereby some of them with arrogancy and license sit daringly before the presbyters: we have determined that a deacon, even if in an office of dignity, that is to say, in whatever ecclesiastical office he may be, is not to have his seat before a presbyter, except he is acting as representative of his own patriarch or metropolitan in another city under another superior, for then he shall be honoured as filling his place. But if anyone, possessed with a tyrannical audacity, shall have dared to do such a thing, let him be ejected from his peculiar rank and be last of all of the order in whose list he is in his own church; our Lord admonishing us that we are not to delight in taking the chief seats, according to the doctrine which is found in the holy Evangelist Luke, as put forth by our Lord and God himself. For to those who were called he taught this parable: “When ye are bidden by anyone to a marriage sit not down in the highest room lest a more honourable man than thou shall have been bidden by him; and he who bade thee and him come and say to thee: Give this man place, and thou begin with shame to take the lowest room. But when thou art bidden, sit down in the lowest place, so that when he who bade thee cometh he may say to thee, Friend go up higher: then thou shalt have worship in the presence of them that sit with thee. For whosoever exalteth himself shall be abased, and he that humbleth himself shall be exalted.” But the same thing also shall be observed in the remaining sacred orders; seeing that we know that spiritual things are to be preferred to worldly dignity.
Notes.

Ancient Epitome of Canon VII.


A deacon in the execution of his office, if he shall have occasion to sit in the presence of presbyters, shall take the lowest place unless he be the representative of the Patriarch or bishop.

Balsamon, Zonaras, and following them Van Espen point out that this canon is a relaxation of the XVIII. Canon of Nice which punishes presumptuous deacons not only with loss of rank in their grade, but also with expulsion from their ministry.

Van Espen well remarks that the Fathers of this synod had in mind not only the pres- creation of the distinction between deacons and presbyters, but also between those in ecclesiastical orders and those enjoying secular dignities with regard to ecclesiastical matters, but who were not to gain there from ecclesiastical precedence. This is what is meant by the last clause of the canon.

Beveridge gives a list of these quasi ecclesiastical dignitaries as follows: Magnus (Economus, Magno Sacello Praepositus, Magnus Vasorum Custos, Chartophylax, Parvo Sacello Praepositus, Primus Defensor.

Canon VIII.

Since we desire that in every point the things which have been decreed by our holy fathers may also be established and confirmed, we hereby renew the canon which orders that synods of the bishops of each province be held every year where the bishop of the metropolis shall deem best. But since on account of the incursions of barbarians and certain other incidental causes, those who preside over the churches cannot hold synods twice a year, it seems right that by all means once a year—on account of ecclesiastical questions which are likely to arise—a synod of the aforesaid bishops should be holden in every province, between the holy feast of Easter and October, as has been said above, in the place which the Metropolitan shall have deemed most fitting. And let such bishops as do not attend, when they are at home in their own cities and are in good health, and free from all unavoidable and necessary business, be fraternally reproved.
Notes.

Ancient Epitome of Canon VIII.


Whenever it is impossible to hold two synods a year, one at least shall be celebrated, between er and the month of October.

This canon under file name of the “Sixth Synod” is referred to in Canon VI. of the Seventh Ecumenical Council (II. Nice), and the bishops of Quinisext are called “Fathers.”



Van Espen.

What at first was only allowed on account of necessity, little by little passed into general law, and at last was received as law, that once a year there was to be a meeting of the provincial synod.

Canon IX.

Let no cleric be permitted to keep a “public house?” For if it be not permitted to enter a tavern, much more is it forbidden to serve others in it and to carry on a trade which is unlawful for him. But if he shall have done any such thing, either let him desist or be deposed.
Notes.

Ancient Epitome of Canon IX.


If clerics are forbidden to enter public houses, much more are they forbidden to keep them. Let them either give them up or be deposed.



Compare with this canon 54,of the Apostolic Canons; 24,of Laodicea; and xliij. of the Synod of Carthage.1

Canon X.

A Bishop, or presbyter, or deacon who receives usury, or what is called hecatostoe, let him desist or be deposed.
Notes.

Ancient Epitome of Canon X.


A bishop, presbyter, or deacon who takes usury shall be deposed unless he stops doing so.

See notes on canon XVI. of Nice, and the Excursus thereto appended).

Canon XI.

Let no one in the priestly order nor any layman eat the unleavened bread of the Jews, nor have any familiar intercourse with them, nor summon them in illness, nor receive medicines from them, nor bathe with them; but if anyone shall take in hand to do so, if he is a cleric, let him be deposed, but if a layman let him be cut off.
Notes.

Ancient Epitome of Canon XI.


Jewish unleavened bread is to be refused. Whoever even calls in Jews as physicians or bathes with them is to be deposed.



Van Espen.

Theodore Balsamon is of opinion that this canon does not forbid the eating of unleavened bread; but that what is intended is the keeping of feasts in a Jewish fashion, or in sacrifices to use unleavened bread (azymes), and this, says Balsamon, on account of the Latins who celebrate their feasts with azymes.

Canon 69,[i.e., lxx.] of those commonly called Apostolic forbids the observance of festivals with the Jews; and declares it to be unlawful to receive manuscula from them, but by this canon all familiar intercourse with them is forbidden.

While there can be no doubt that in all the Trullan canons there is an undercurrent of hostility to the West, yet in this canon I can see no such spirit, and I think it has been read into it by the greater bitterness of later times. This seems the more certain from the fact that there is nothing new whatever in the provision with respect to the passover bread, vide canons of Laodicea xxxvij. and xxxviij.

This canon is found in the Corpus Juris Canonici. Gratian’s Decretum, Pars II., Causa xxviij., can. xiii.1

Canon XII.

Moreover this also has come to our knowledge, that in Africa and Libya and in other places the most God-beloved bishops in those parts do not refuse to live with their wives, even after consecration, thereby giving scandal and offence to the people. Since, therefore, it is our particular care that all filings tend to the good of file flock placed in our harris and committed to us,—it has seemed good that henceforth nothing of the kind shall in any way occur. And we say this, not to abolish and overthrow what things were established of old by Apostolic authority, but as caring for the health of the people and their advance to better things, and lest the ecclesiastical state should suffer any reproach. For the divine Apostle says: “Do all to the glory of God, give none offence, neither to the Jews, nor to the Greeks, nor to the Church of God, even as I please all men in all things, not seeking mine own profit but the profit of many, that they may be saved. Be ye imitators of me even as I also am of Christ.” But if any shall have been observed to do such a thing, let him be deposed.
Notes.

Ancient Epitome of Canon XII.


Although it has been decreed that wives are not to be cast forth, nevertheless that we may counsellor the better, we give command that no one ordained a bishop shall any longer live with his wife.



Aristenus.

The fifth Apostolic canon allows neither bishop, presbyter, nor deacon to cast forth his wife under pretext of piety; and assigns penalties for any that shall do so, and if he will not amend he is to be deposed. But this canon on the other hand does not permit a bishop even to live with his wife after his consecration. But by this change no contempt is meant to be poured out upon what had been established by Apostolic authority, but it was made through care for the people’s health and for leading on to better things, and for fear that the sacerdotal estate might suffer some wrong.



Van Espen.

(In Can. 6,Apost).

In the time of this canon [of the Apostles so called] not only presbyters and deacons, but bishops also, it is clear, were allowed by Eastern custom to have their wives;and Zonaras and Balsamon note that even until the Sixth Council, commonly called in Trullo bishops were allowed to have their wives. (The same on this canon).

But not only do they command [in this, canon] that bishops after their consecration no longer have commerce with their own wives, but further, they prohibit them even to presume to live with them.



Zonaras.

When the faith first was born and came forth into the world, the Apostles treated with greater softness and indulgence those who embraced the truth, which as yet was not scattered far and wide, nor did they exact from them perfection in all respects, but made great allowances for their weakness and for the inveterate force of the customs with which they were surrounded, both among the heathen and among the Jews. But now, when far and wide our religion has been propagated, more strenuous efforts were made to enforce those things which pertain to a higher and holier life, as our angelical worship increased day by day, and to insist on by law a life of continence to those who were elevated to the episcopate, so that not only they should abstain from their wives, but that they should have them no longer as bed-fellows; and not only that they no longer admit them as sharers of their bed, but they do not allow them even to stop under the same roof or inthe house.

Canon XIII.

Since we know it to be handed down as a rule of the Roman Church that those who are deemed worthy to be advanced to the diaconate or presbyterate should promise no longer to cohabit with their wives, we, preserving the ancient rule and apostolic perfection and order, will that the lawful marriages of men who are in holy orders be from this time forward firm, by no means dissolving their union with their wives nor depriving them of their mutual intercourse at a convenient time. Wherefore, if anyone shall have been found worthy to be ordained subdeacon, or deacon, or presbyter, he is by no means to be prohibited from admittance to such a rank, even if he shall live with a lawful wife. Nor shall it be demanded of him at the time of his ordination that he promise to abstain from lawful intercourse with his wife: lest we should affect injuriously marriage constituted by God and blessed by his presence, as the Gospel saith: “What God hath joined together let no man put asunder;” and the Apostle saith, “Marriage is honourable and the bed undefiled;” and again, “Art thou bound to a wife? seek not to be loosed.” But we know, as they who assembled at Carthage (with a care for the honest life of the clergy) said, that subdeacons, who handle the Holy Mysteries, and deacons, and presbyters should abstain from their consorts according to their own course [of ministration]. So that what has been handed down through the Apostles and preserved by ancient custom, we too likewise maintain, knowing that there is a time for all things and especially for fasting and prayer. For it is meet that they who assist at the divine altar should be absolutely continent when they are handling holy things, in order that they may be able to obtain froth God what they ask in sincerity.

If therefore anyone shall have dared, contrary to the Apostolic Canons, to deprive any of those who are in holy orders, presbyter, or deacon, or subdeacon of cohabitation and intercourse with his lawful wife, let him be deposed. In like manner also if any presbyter or deacon on pretence of piety has dismissed his wife, let him be excluded from communion; and if he persevere in this let him be deposed.
Notes.

Ancient Epitome of Canon XIII.


Although the Romans wish that everyone ordained deacon or presbyter should put away his wife, we wish the marriages of deacons andpresbyters to continue valid and firm).



Fleury.

(H.E., Livre XL., chap. 1).

What is said in this canon, that the council of Carthage orders priests to abstain from their wives at prescribed periods, is a misunderstanding of the decree, caused either by malice or by ignorance. This canon is one of those adopted by the Fifth Council of Carthage held in the year 400, and it is decreed that subdeacons, deacons; priests, and bishops shall abstain from their wives, following the ancient statutes, and shah be as though they had them not. The Greek version of this canon has rendered the Latin words priora statuta by these, idious horous, which may mean “fixed times”: for the translator read, following another codex, propria for priora. Be this as it may, the Fathers of the Trullan council supposed that this obliged the clergy only to continence at certain fixed times, and were not willing to see that it included bishops as well.



Van Espen.

Although the Latin Church does not disapprove,1 as contrary to the law of the Gospel the discipline of the Greeks which allows the use of marriage to presbyters and deacons, provided it was contracted before ordination; yet never has it approved this canon which with too great zeal condemns the opposite custom, and rashly assigns great errors to theRoman Church.

This canon is found in the Corpus Juris Canonici, Gratian’s Decretum, Pars I., Dist. XXXI., c. xiij.

Antonius Augustinus in his proposed emendations of Gratian says (Lib. I). dial. de emend. Grat. c. 8).: “This canon can in no way be received; for it is written in opposition to the celibacy of the Latin priests, and openly is against the Roman Church.” But to me the note which Gratian appends seems much more learned and true: “This however must be understood as of local application; for the Eastern Church, to which the VI. Synod prescribed this rule, did not receive a vow of chastity from the ministers of the altar.” It may be well to note here that by the opinion of most Latin casuists the obligation to chastity among the Roman clergy rests upon the vow and not upon any law of the Church binding thereto. This evidently was the opinion of Gratian.

Canon XIV.

Let the canon of our holy God-bearing Fathers be confirmed in this particular also; that a presbyter be not ordained before he is thirty years of age, even if he be a very worthy man, but let him be kept back. For our Lord Jesus Christ was baptized and beg.an to teach when he was thirty. In like manner let no deacon be ordained before he is twenty-five, nor a deaconess before she is forty.
Notes.


Ancient Epitome OF Canon

A presbyter thirty years of age, a deacon twenty-five, and a deaconess forty.

Compare Canon XI. of NeoCaesarea.

It may be interesting to note here that by the law of the Roman Communion the canonical ages are as follows:

A subdeacon must have completed his twenty-first year, a deacon his twenty-second, a priest his twenty-fourth, and a bishop his thirtieth. None of the inferior clergy can hold a simple benefice before he has begun his fourteenth year. Ecclesiastical dignities, such as Cathedral canonries, cannot be conferred on any who have not finished the twenty-second year. A benefice to which is attached a cure of souls can be given only to one who is over twenty-four, and a diocese only to one who has completed his thirtieth year. (Vide Ferraris, Bibliotheca Prompta).

In the Anglican Communion the ages are, in England, for a bishop “fully thirty years of age,” for a priest twenty-four, and for a deacon twenty-three:1 and in the United States, for a bishop thirty years of age, for a priest twenty-four, and for a deacon twenty-one).

Canon XV.

A Subdeacon is not to be ordained under twenty years of age. And if any one in any grade of the priesthood shall have been ordained contrary to the prescribed time let him be deposed.
Notes.

Ancient Epitome of Canon XV.


Those shall be chosen as Subdeacons who are twenty years of age.

This age seems first to have been fixed by the Second Council of Toledo1 (circa, a.d. 535) in its first canon.

Canon XVI.

Since the book of the Ac tells us that seven deacons were appointed by the Apostles, and the synod of NeoCaesarea in the canons which it put forth determined that there ought to be canonically only seven deacons, even if the city be very large, in accordance with the book of the Acts; we, having fitted the mind of the fathers to the Apostles’ words, find that they spoke not of those men who ministered at the Mysteries but in the administration which pertains to the serving of tables. For the book of the Ac reads as follows: “In those days, when the number of the disciples was multiplied, there arose a murmuring dissension of the Grecians against the Hebrews, because their widows were neglected in the daily ministrations. And the Twelve called the multitude of the disciples with them and said, It is not meet for us to leave the word of God and serve tables. Look ye out therefore, brethren, from among you seven men of good report full of the Holy Ghost and of wisdom, whom we may appoint over this business. But we will give ourselves continually unto prayer and unto the ministry of the word. And the saying pleased the whole multitude: and they chose Stephen a man full of faith and of the Holy Ghost, and Philip, and Prochorus, and Nicanor, and Timon, and Parmends, and Nicolas a proselyte of Antioch: whom they set before the Apostles.”

(Jn Chrysostom, a Doctor of the Church, interpreting these words, proceeds thus: “It remarkable fact that the multitude was not divided in its choice of the men, and that the Apostles were not rejected by them. But we must learn what sort of rank they had, and what ordination they received. Was it that of deacons? But this office did not yet exist in the churches. But was it fine dispensation of a presbyter? But there was not as yet any bishop, but only Apostles, whence I think it is clear and manifest that neither of deacons nor of presbyters was there then the name.”1

But on this account therefore we also announce that the aforesaid seven deacons are not to be understood as deacons who served at the Mysteries, according to the teaching before set forth, but that they were those to whom a dispensation was entrusted for the common benefit of those that were gathered together, who to us in this also were a type of philanthropy and zeal towards those who are in need.
Notes.

Ancient Epitome of Canon XVI.


Whoever affirms that the number of deacons should be seven according to the saying of the Acts, should know that the reference in that passage is not to Deacons of the Mysteries but to such as serve tables.

Van Espen here reminds us that this is, as Zonaras calls attention to in Iris scholion on this place, a correction rather than an interpretation of the XVth Canon of NeoCaesarea, and Balsamon also says the same. The only interest that the matter possesses is that a canon which had been received by the Fourth Ecumenical Council (Chalcedon) should receive such treatment from such an assembly as the Synod in Trullo).

Canon XVII.

Since clerics of different churches have left their own churches in which they were ordained and betaken themselves to other bishops, and without the consent of their own bishop have been settled in other churches, and thus they have proved themselves to be insolent and disobedient; we decree that from the month of January of the past IVth Indiction no cleric, of whatsoever grade he be, shall have power, without letters dimissory of his own bishop, to be registered in the clergy list of another church. Whoever in future shall not have observed this rule, but shall have brought disgrace upon himself as well as on the bishop who ordained him, let him be deposed together with him who also received him.
Notes.

Ancient Epitome of Canon XVII.


Whoever receives and ordains a wandering cleric shall be deposed together with him thus wickedly ordained.

This canon is found in the Corpus Juris Canonici, Gratian’s Decretum, Pars II., Causa XXI., Quaest., 2,can. j.

Canon XVIII.

Those clerics who in consequence of a barbaric incursion or on account of any other circumstance have gone abroad, we order to return again to their churches after the cause has passed away, or when the incursion of the barbarians is at an end. Nor are they to leave them for long without cause. If anyone shall not have returned according to the direction of this present canon—let him be cut off until he shall return to his own church. And the same shall be the punishment of the bishop who received him.
Notes.

Ancient Epitome of Canon XVIII.


Whoever has emigrated on account of an invasion of the barbarians, shall return to the Church to whose clergy he belongs as soon as the incursion ceases. But if he shall not do so, he shall be cut off together with him to whom he has gone.





Balsamon.

The Fathers are worthy of great praise. For having regard to the honour of the ecclesiastical order and of each bishop, they have decreed that clergymen, who from just and valid causes have gone forth without letters dimissory from those who ordained them, should return to their own clergy soon as the cause which drove them forth ceases; and that they should not be enrolled on the clergy list of any other church. But whosoever cannot be persuaded to return is to be cut off, as well as the bishop who detains him. But someone will say, If a bishop who does such a thing is cut off by his Metropolitan; and likewise if a Metropolitan spurns this canon he is punished by the Patriarch. But if an autocephalous archbishop or a Patriarch other than the Patriarch of Constantinople (for he has a faculty for doing so) should be convicted of a breach of this Canon, by whom would he be cut off? I suppose by the Supreme Pontiff1 (oiomai oun para tou meixo-no" arkierew").

Canon XIX.

IT behoves those who preside over the churches, every day but especially on Lord’s days, to teach all the clergy and people words of piety and of right religion, gathering out of holy Scripture meditations and determinations of the truth, and not going beyond the limits now fixed, nor varying from the tradition of the God-bearing fathers. And if any controversy in regard to Scripture shall have been raised, let them not interpret it. otherwise than as the lights and doctors of the church in their writings have expounded it, and in those let them glory rather than in composing things out of their own heads, lest through their lack of skill1 they may have departed from what was fitting. For through the doctrine of the aforesaid fathers, the people coming to the knowledge of what is good and desirable, as well as what is useless and to be rejected, will remodel their life for the better, and not be led by ignorance, but applying their minds to the doctrine, they will take heed that no evil befall them and work out their salvation in fear of impending punishment.
Notes.

Ancient Epitome of Canon XIX.


The prelates of the Church, especially upon Lord’s days, shall teach doctrine.





Van Espen.

How great an obligation of preaching rests upon bishops, the successors of the Apostles, is evident from the words of St. Paul, “Christ sent me not to baptize but to preach” (1Co i., 17), and his chief adjuration to Timothy though Jesus Christ and his coming, was “Preach the Word” (2Tm ii. 4). For this reason the fathers formerly called the episcopate the preaching-office (officium predicationis), as is evident from the profession of Adelbert Morinensis, and the form of profession of a future Archbishop. Both of these will be found in Labbe, appendix to Tom. VIII., of his Concilia.Council OF Trent. (Sess. V., c. 2).

The preaching of the Gospel is the chief work of bishops.

Convocation OF Canterbury, a.d. 1571.

(Cardwell. Synodalia, Vol. 1P 126).

The clergy will be careful to teach nothing in their sermons to be religiously held and believed by the people except what is agreeable to the doctrine of the Old and New Testament, and what the Catholic Fathers and Ancient Bishops have collected out of the same.2 Council OF Trent. (Sess. IV).

No one shall dare to interpret the Holy Scripture contrary to the unanimous consent of the fathers.

Canon XX.

IT shall not be lawful for a bishop to teach publicly in any city which does not belong to him. If any shall have been observed doing this, let him cease from his episcopate, but let him discharge the office of a presbyter.
Notes.


Ancient Epitome OF Canon

The bishop of one city shall not teach publicly in another. If he shall be shown to have dose so he shall be deprived of the episcopate and shall perform the functions of a presbyter.

The meaning of this canon is most obscure. Balsamon and Zonaras think that the Bishop is not to be deposed from his Episcopate, but only shorn of his right of executing the Episcopal functions, so that he will virtually be reduced to a presbyter. Ariseanus, on the other hand, considers the deposition to be real and that this canon creates an exception to Canon XXIX. of Chalcedon.

Canon XXI.

Those who have become guilty of crimes against the canons, and on this account subject to complete and perpetual deposition, are degraded to the condition of layman. If, however, keeping conversion continually before their eyes, they willingly deplore the sin on account of which they fell from grace, and made themselves aliens therefrom, they may still cut their hair after the manner of clerics. But if they are not willing to submit themselves to this canon, they must wear their hair as laymen, as being those who have preferred the communion of the world to the celestial life).
Notes.

Ancient Epitome of Canon XXI.


Whoever is already deposed and reduced to the lay estate, if he shall repent, let him continue deposed but be shorn. But if otherwise, he must let his hair grow.

Beveridge wishes to read who have become canonically guilty of crimes,” substituting kanonikp" for kanonikoi", in accordance with the Bodleian and Amerbachian codices.

Canon XXII.

Those who are ordained for money, whether bishops or of any rank whatever, and not by examination and choice of life, we order to be deposed as well as those also who ordained them.
Notes.

Ancient Epitome of Canon XXII.


Whoever is ordained for pay shall be deposed together with his ordainer.



Van Espen.

The present canon orders to be deposed not only the one simoniacally ordained, but also his ordainer, ordering that ordinations should take place on account, not of money, but of the excellence of the examination stood by the candidate and on account of his uprightness of life. And it evidently takes it for granted that, where money has been used, examination, excellence of life, and consideration of merit enter but little into the matter, or at least are paid no attention to.

Canon XXIII.

That no one, whether bishop, presbyter, or deacon, when giving the immaculate Communion, shall exact from him who communicates fees of any kind. For grace is not to be sold, nor do we give the sanctification of the Holy Spirit for money; but to those who are worthy of the gift it is to be communicated in all simplicity. But if any of those enrolled among the clergy make demands on those he communicates let him be deposed, as an imitator of the error and wickedness of Simon.
Notes.

Ancient Epitome of Canon XXIII.


Whoever shall demand an obolus or anything else for giving the spotless communion shall be deposed.

This canon is found in the Corpus Juris Canonici, Gratian’s Decreturn, Pars. II., Causa I., Quaest. I., can. 100, attributed to the VI. Synod. Ivo reads, “From the Sixth Synod, III. Constantinople.”

Canon XXIV.

No one who is on the priestly catalogue nor any monk is allowed to take part in horse-races or to assist at theatrical representations. But if any clergyman be called to a marriage, as soon as the games begin let him rise up and go out, for so it is ordered by the doctrine of our fathers. And if any one shall be convicted of such an offence let him cease therefrom or be deposed.
Notes.

Ancient Epitome of Canon XXIV.


A clergyman or monk shall be deposed who goes to horse-races, or does not leave nuptials before the players are brought in.



Van Espen.

Scarcely ever were these plays exhibited without the introduction of something contrary to honesty and chastity. As Lupus here notes, the word “obscene” has its derivation from these “scenic” representations.

Rightly therefore has it been forbidden by the sacred canons that the clergy should witness any such plays.

In the second part of this canon by the words “ordered by the doctrine of our fathers,” the Synod understands the doctrine of the fathers of the synod of Laodicea, which in its canon 54,condemned the same abuse.

Compare the canon given in the Corpus Juris Canonici, Gratian’s Decretum, Pars I., Dist. XXXIV. can. xix.

Canon XXV.

Moreover we renew the canon which orders that country (agroikika") parishes and those which are in the provinces (egkwriou") shall remain subject to the bishops who had possession of them; especially if for thirty years they had administered them without opposition. But if within thirty years there had been or should be any controversy on the point, it is lawful for those who think themselves injured to refer the matter to the provincial synod.
Notes.


Ancient Epitome OF Canon XXV

Rural and out of town parishes held for thirty years may be retained. But within that time there may be a controversy.

Compare notes on canon XVII. of Chalcedon.

Canon XXVI.

IF a presbyter has through ignorance contracted an illegal marriage, while he still retains the fight to his place, as we have defined in the sacred canons, yet he must abstain from all sacerdotal work. For it is sufficient if to such an one indulgence is granted. For he is until to bless another who needs to take care of his own wounds, for blessing is the imparting of sanctification. But how can he impart this to another who does not possess it himself through a sin of ignorance? Neither then in public nor in private can he bless nor distribute to others the body of Christ, [nor perform any other ministry]; but being content with his seat of honour let him lament to the Lord that his sin of ignorance may be remitted. For it is manifest that the nefarious marriage must be dissolved, neither can the man have any intercourse with her on account of whom he is deprived of the execution of his priesthood.
Notes.

Ancient Epitome of Canon XXVI.


A priest who has fallen into an illicit marriage and been deposed, may still have his seat, but only when he abstains for the future from his wickedness.



Aristenus.

If any presbyter before his ordination had married a widow, or a harlot, or an actress, or any other woman such as are forbidden, in ignorance, he shall cease from his priesthood but shall still have his place among the presbyters. But such an illegitimate marriage, on account of which he was deprived of the Sacred Ministry, must be dissolved.





Van Espen.

The sacred canon to which the Synod here refers is number xxvij. of St. Basil in his Canonical Epistle to Amphilochius.

Canon XXVII.

None of those who are in the catalogue of the clergy shall wear clothes unsuited to them, either while still living in town or when on a journey: but they shall wear such clothes as are assigned to those who belong to the clergy. And if any one shall violate this canon, he shall be cut off for one week.



Ancient Epitome of Canon XXVII.

A clergyman must not wear an unsuitable dress either when travelling or when at home. Should he do so, he shall be cut off for one week).

Canon XXVIII.

Since we understand that in several churches grapes are brought to the altar, according to a custom which has long prevailed, and the ministers joined this with the unbloody sacrifice of the oblation, and distributed both to the people at the same time, we decree that no priest shall do this for the future, but shall administer the oblation alone to the people for the quickening of their souls and for the remission of their sins. But with regard to the offering of grapes as first fruits, the priests may bless them apart [from the offering of the oblation] and distribute them to such as seek them as an act of thanksgiving to him who is the Giver of the fruits by which our bodies are increased and fed according to his divine decree. And if any cleric shall violate this decree let him be deposed.
Notes.

Ancient Epitome of Canon XXVIII.


Grapes are by some joined with the unbloody sacrifice. It is hereby decreed that no one shall for the future dare to do this.





Van Espen.

Similar blessings of fruit, and particularly of grapes, are found in more recent rituals as well as in the ancient Greek Euchologions and the Latin Rituales. In the Sacramentary of St. Gregory will be found a benediction of grapes on the feast of St. Sixtus.

Cardinal Bona says (De Rob. Liturg, Lib. lI., cap. xiv)., that immediately before the words Semper bona creas, sanctificas, etc., if new fruits or any other things adapted to human use were to be blessed, they were wont in former times to be placed before the altar, and there to be blessed by the priest; and when the benediction was ended with the accustomed words “Through Christ our Lord,” there was added the following prayer: “Perquem haec omnia, etc.,” which words are not so much to be referred to the body and blood of Christ, as to the things to be blessed, which God continually creates by renewing, and we ask that they may be sanctified by his benediction to our use.

But in after ages when the fervour of the faithful had grown cold, that the mass might not be too long, they were separated and yet the prayer remained which, as said to-day over the consecrated species alone, can hardly be understood.

This canon is found in a shortened form in the Corpus Juris Canonici, Pars. III. De Consecrat., Dist. II., can. vj.

Compare Canon of the Apostles number iv.

Canon XXIX.

A Canon of the Synod of Carthage says that the holy mysteries of the altar are not to be performed but by men who are fasting, except on one day in the year on which the Supper of the Lord is celebrated. At that time, on account perhaps of certain occasions in those places useful to the Church, even the holy Fathers themselves made use of this dispensation. But since nothing leads us to abandon exact observance, we decree that the Apostolic and Patristic tradition shall be followed; and define that it is not right to break the fast on the fifth feria of the last week of Lent, and thus to do dishonour to the whole of Lent.
Notes.

Ancient Epitome of Canon XXIX.


Some of the Fathers after they had supped on the day of the Divine Supper made the offering.1 However, it has seemed good to the synod that this should not be done, and that the fast should not be broken upon the fifth feria2 of the last week of Lent, and so the whole of Lent be dishonoured.

Zonaras remarks that the “Apostolic and Patristic tradition” is a reference to canon 69,of the Apostolic Canons and to canon 1. of Laodicea. See notes on this last canon).

Canon XXX.

Willing to do all things for the edification of the Church, we have determined to take care even of priests who are in barbarian churches. Wherefore if they think that they ought to exceed the Apostolic Canon concerning the not putting away of a wife on the pretext of piety and religion, and to do beyond that which is commanded, and therefore abstain by agreement with their wives from cohabitation, we decree they ought no longer to live with them in any way, so that hereby they may afford us a perfect demonstration of their promise. But we have conceded this to them on no other ground than their narrowness, and foreign and unsettled manners.
Notes.

Ancient Epitome of Canon XXX.


Those priests who are in churches among the barbarians, if with consent they have abstained from commerce with their wives shall never afterwards have any commerce with them in any way.



Fleury.

(Hist. Eccl., Liv. XL., chap. 1).

“Priests who are among the barbarians,” that is to say, it would seem, in Italy and in the other countries of the Latin rite. “Their narrowness and foreign and unsettled manners,” that is to say that according to them it is an imperfection to aspire after perfect continence.

I do not think that this explanation of Fleury’s can be sustained, and it would seem that Van Espen is more near the truth when he says: “Some priests in barbarous countries thought they should abstain after the Latin custom even from wives taken before ordination. And although this was contrary to the discipline of the Greeks, and also to Canon V. of the Apostles, nevertheless the Fathers thought it might be tolerated, provided such priests should also not live any longer with their wives.” There seems no reason to introduce anti-Roman bitterness where it is not already found.

Canon XXXI.

Clerics who in oratories which are in houses offer the Holy Mysteries or baptize, we decree ought to do this with the consent of the bishop of the place. Wherefore if any cleric shall not have so done, let him be deposed.
Notes.

Ancient Epitome of Canon XXXI.


Thou mayest not offer in an oratory in a private house without the consent of the bishop.

On this whole subject the reader is referred to the curious and most interesting volume published by Venantius Monaldini of Venice, in 1765. I cannot better give its scope than by copying out its title in full.

 Commentarius Theologico-canonico-criticus De ecclcsiis, earum reverentia, et asylo atque concordia sacerdotii, et imperii, auctore Josepho Aloysio Assemani. Accesserunt tractatus el. virorum D. Josephi de Benis, De Oratoriis Publicis; ac. R.P. Fortunati a Brixia De Oratoriis Domesticis, in supplementum celeberrimi operis Joannis Baptistae Gattico De Oratoriis Domesticis, et usu altaris portatilis.

Canon XXXII.

Since it has come to our knowledge that in the region of Armenia they offer wine only on the Holy Table, those who celebrate, the unbloody sacrifice not mixing water with it, adducing, as authority thereof, Jn Chrysostom, a doctor of the Church, who says in his interpretation of the Gospel according to St. Matthew:

“And wherefore did he not drink water after he was risen again, but wine? To pluck up by the roots another wicked heresy. For since there are certain who use water in the Mysteries to shew that both when he delivered the mysteries he had given wine and that when he had risen and was setting before them a mere meal without rays- teries, he used wine, ‘of the fruit,’ saith he, ‘of the vine.’ But a vine produces wine, not water.”1 And from this they think the doctor overthrows the admixture of water in the holy sacrifice. Now, lest on the point from this time forward they be held in ignorance, we open out the orthodox opinion of the Father. For since there was an ancient and wicked heresy of the Hydroparastatae (i.e., of those who offered water), who instead of wine used water in their sacrifice, this divine, confuting the detestable teaching of such a heresy, and showing that it is directly opposed to Apostolic tradition, asserted that which has just been quoted. For to his own church, where the pastoral administration had been given him, he ordered that water mixed with wine should be used at the unbloody sacrifice, so as to shew forth the mingling of the blood and water which for the life of the whole world and for the redemption of its sins, was poured forth from the precious side of Christ our Redeemer; and moreover in every church where spiritual light has shined this divinely given order is observed.

For also James, the brother, according to the flesh, of Christ our God, to whom the throne of the church of Jerusalem first was entrusted, and Basil, the Archbishop of the Church of Caesarea, whose glory has spread through all the world, when they delivered to us directions for the mystical sacrifice in writing, declared that the holy chalice is consecrated in the Divine Liturgy with water and wine. And the holy Fathers who assembled at Carthage provided in these express terms: “That in the holy Mysteries nothing besides the body and blood of the Lord be offered, as the Lord himself laid down, that is bread and wine mixed with water.” Therefore if any bishop or presbyter shall not perform the holy action according to what has been handed down by the Apostles, and shall not offer the sacrifice with wine mixed with water, let him be deposed, as imperfectly shewing forth the mystery and innovating on the things which have been handed down.
Notes.

Ancient Epitome of Canon XXXII.


Chrysostom, when overthrowing the heresy of the Hydroparastatae, says: “When the Lord suffered and rose again he used wine.” The Armenians, laying hold on this, offer wine alone, not understanding that Chrysostom himself, and Basil, and James used wine mixed with water; and left the tradition that we should so make the offering. If, therefore, any one shall offer wine alone, or water alone, and not the mixed [chalice] let him be deposed.





Van Espen.

Justin Martyr in his Second Apology, Ambrose, or whoever was the author of the books on the Sacraments (Lib. 5,, cap. i)., Augustine and many others make mention of this rite, and above all St. Cyprian, who wrote a longepistle on the subject to Cecilius, and seeking the reason of the ceremony as a setting forth of the union of the people, represented by the water, with Christ, figured by the wine.

Another signification of this rite St. Augustine indicates in his sermon to Neophytes, saying: “Take this in bread, which hung upon the Cross: Take this in the cup which poured forth from the side,” that is to say blood and water.

Cardinal Bona (De Rebus Liturgies, Lib. II., cap. ix., n. 3 and 4) refers to many ancient rituals in which a similar prayer is used to that found in the Ambrosian rite, which says as the water is poured in: “Out of the side of Christ there flowed forth blood and water together. In the name of the Father, etc.” Bona further notes that “The Greeks twice mingle water with the wine, once cold water, when in the prothesis they are preparing the Holy Gifts, and the Priest pierces the bread with the holy spear, and says, “One of the soldiers with a lance opened his side, and immediately there flowed forth blood and water,” and the deacon pours in wine and water. From this it is evident that the Greeks agree with St. Augustine’s explanation.

For the second time the Greeks mix “hot water after consecration and immediately before communion, the deacon begging from the priest a blessing upon the warm water; and he blesses it in these words: ‘Blessed be :the fervour of thy Saints, now and ever and to the ages of age;. Amen.’ Then the deacon pours the water into the chalice, saying: ‘The fervour of faith, full of the Holy Spirit.’” So Cardinal Bona as above.The third reason of this rite is assumed by some from the fact that Christ is believed thus to have instituted this sacrament at the last supper; and this the synod seems to intimate in the present canon when it says “as the Lord himself delivered.”

In this case the Greeks suppose that this rite was also handed down by the Apostles, and this is evident from their citing the Liturgy of St. James, which they believed to be a genuine work of his.

Canon XXXIII.

Since we know that, in the region of the Armenians, only those are appointed to the clerical orders who are of priestly descent (following in this Jewish customs); and some of those who are even untonsured are appointed to succeed cantors and readers of the divine law, we decree that henceforth it shall not be lawful for those who wish to bring any one into the clergy, to pay regard to the descent of him who is to be ordained; but let them examine whether they are worthy (according to the decrees set forth in the holy canons) to be placed on the list of the clergy, so that they may be ecclesiastically promoted, whether they are of priestly descent or not; moreover, let them not permit any one at all to read in the ambo, according to the order of those enrolled in the clergy, unless such an one have received the priestly tonsure and the canonical benediction of his own pastor; but if any one shall have been observed to act contrary to these directions, let him be cut off.
Notes.

Ancient Epitome of Canon XXXIII.


Whoever is worthy of the priesthood should be ordained whether he is sprung of a priestly line or no. And he that has been blessed untonsured shalt not read the Holy Scriptures at the ambo.





Van Espen.

Here not obscurely does the canon join the clerical tonsure received from the bishop with the office of Reader, so much so that he that has been tonsured by the bishop is thought to have received at the same time the tonsure and the order of lector.

Canon XXXIV.

But in future, since the priestly canon openly sets this forth, that the crime of conspiracy or secret society is forbidden by external laws, but much more ought it to be prohibited in the Church; we also hasten to observe that if any clerics or monks are found either conspiring or entering secret societies, or devising anything against bishops or clergymen, they shall be altogether deprived of their rank.
Notes.

Ancient Epitome of Canon XXXIV.


If clerics or monks enter into conspiracies or fraternities, or plots against the bishop or their fellow clerics, they shall be cast out of their grade.

This is but a renewal of Canon xviij. of Chalcedon, which see with the notes.

Canon XXXV.

IT shall be lawful for no Metropolitan on the death of a bishop of his province to appropriate or sell the private property of the deceased, or that of the widowed church: but these are to be in the custody of the clergy of the diocese over which he presided until the election of another bishop, unless in the said church there are no clergymen left. For then the Metropolitan shall protect the property without diminution, handing over everything to the bishop when he is appointed.
Notes.

Ancient Epitome of Canon XXXV.


When the bishop is dead the clergy shall guard his goods. If, however, no clergyman remains, the Metropolitan shall take charge of them until another be ordained).

Compare Canon 22,of Chalcedon. This canon extends the prohibition to Metropolitans as well.



Aristenus.

Neither the clergy nor metropolitan after the death of the bishop are allowed to carry off his goods, but all should be guarded by the clergy themselves, until another bishop is chosen. But if by chance no clergyman is left in that church, the metropolitan is to keep all the possessions undiminished and to return them to the future bishop.

Canon XXXVI.

Renewing the enactments by the 150 Fathers assembled at the God-protected and imperial city, and those of the 630 who met at Chalcedon; we decree that the see of Constantinople shall have equal privileges with the see of Old Rome, and shall be highly regarded in ecclesiastical matters as that is, and shall be second after it. After Constantinople shall be ranked the See of Alexandria, then that of Antioch, and afterwards the See of Jerusalem.
Notes.

Ancient Epitome of Canon XXXVI.


Let the throne of Constantinople be next after that of Rome, and enjoy equal privileges. After it Alexandria, then Antioch, and then Jerusalem.

 Balsamon,

The Fathers here speak of the Second and Third canons of the Second Synod [i.e. I. Constantinople] and of canon xxviij. of the Fourth Synod [i.e. Chalcedon]. And read what we have said on these canons.



Aristenus.

We have explained the third canon of the Synod of Constantinople and the twenty-eighth canon of the Synod of Chalcedon as meaning, when asserting that the bishop of Constantinople should enjoy equal privileges after the Roman bishop, that he should be placed second from the Roman in point of time. So here too this preposition “after” denotes time but not honour. For after many years this throne of Constantinople obtained equal privileges with the Roman Church; because it was honoured by the presence of the Emperor and of the Senate.

On this opinion of Aristenus’s the reader is referred to the notes on Canon iij. of I. Constantinople.



Justinian.

(Novella CXXXI., Cap. ij).

We command that according to the definitions of the Four Councils the most holy Pope of Old Rome shall be first of all the priests. But the most blessed Archbishop of Constantinople, which is New Rome, shall have the second place after the Holy Apostolic See of Old Rome.

This canon, in a mutilated form, is found in the Corpus Juris Canonici, Gratian’s Decretum, Pars I., Diet. XXII., c. vj.

Canon XXXVII.

Since at different times there have been invasions of barbarians, and therefore very many cities have been subjected to the infidels, so that the bishop of a city may not be able, after he has been ordained, to take possession of his see, and to be settled in it in sacerdotal order, and so to perform and manage for it the ordinations and all things which by custom appertain to the bishop: we, preserving honour and veneration for the priesthood, and in no wise wishing to employ the Gentile injury to the ruin of ecclesiastical rights, have decreed that those who have been ordained thus, and on account of the aforesaid cause have not been settled in their sees, without any prejudice from this thing may be kept [in good standing] and that they may canonically perform the ordination of the different clerics and use the authority of their office according to the defined limits, and that whatever administration proceeds from them may be valid and legitimate. For the exercise of his office shall not be circumscribed by a season of necessity when the exact observance of law is circumscribed).
Notes.

Ancient Epitome of Canon XXXVII.


A bishop who, on account of the incursions of the barbarians, is not set in his throne, shall have his own chair of state, and shall ordain, and shall enjoy most firmly all the rights of the priesthood.

By Canon XVIII. of Antioch the principle of this canon was enunciated, that when a bishop did not take possession of his see because he could not do so, he was not to be held responsible or to lose any of his episcopal rights and powers, in that case the impossibility arose from the insubordination of the people, in this from the diocese being in the hands of the barbarians.

It has been commonly thought that the Bishops in partibus infidelium had their origin in the state of things calling for this canon.

Canon XXXVIII.

The canon which was made by the Fathers we also observe, which thus decreed: If any city be renewed by imperial authority, or shah have been renewed, let the order of things ecclesiastical follow the civil and public models.
Notes.

Ancient Epitome of Canon XXXVIII.


If any city is or shall be renewed by the Emperor, the ecclesiastical order shall follow the political and public example.





Van Espen.

The canon of the Fathers which the Synod wishes observed is XVII of Chalcedon, the notes on which see.

Here it must be noted that by “civil and public models” is signified the “pragmatic” or imperial letters, by which the emperors granted to newly raised up or re-edified towns the privilege of other cities, or else annexed them to some Province.

Canon XXXIX.

Since our brother and fellow-worker, John, bishop of the island of Cyprus, together with his people in the province of the Hellespont, both on account of barbarian incursions, and that they may be freed from servitude of the heathen, and may be subject alone to the sceptres of most Christian rule, have emigrated from the said island, by the providence of file philanthropic God, and the labour of our Christ-loving and pious Empress; we determine that the privileges which were conceded by the divine fathers who first at Ephesus assembled, are to be preserved without any innovations, viz.: that new Justinianopolis shall have the rights of Constantinople and whoever is constituted the pious and most religious bishop thereof shall take precedence of all the bishops of the province of the Hellespont, and be elected [?] by his own bishops according to ancient custom. For tim customs which obtain in each church our divine Fathers also took pains should be maintained, the existing bishop of the city of Cyzicus being subject to the metropolitan of the aforesaid Justinianopolis, for the imitation of all the rest of the bishops who are under the aforesaid beloved of God metropolitan John, by whom, as custom demands, even the bishop of the very city of Cyzicus shall be ordained.
Notes.

Ancient Epitome of Canon XXXIX.


The new Justinianopolis shall have the rights of Constantinople, and its prelate shall rule over all the bishops the Hellespont to whom he has gone, and he shall be ordained by his own bishop: as the fathers of Ephesus decreed.



Hefele.

Hitherto the bishop of Cyzicus was metropolitan of the province of the Hellespont. Now he too is to be subject to the bishop of New-Justinianopolis. What, however, is meant by “the right of Constantinople”? It was impossible that the Synod should place the bishop of Justinianopolis in equal dignity with the patriarch of Constantinople. But they probably meant to say: “The rights which the bishop of Constantinople has hitherto exercised over the province of the Hellespont, as chief metropolitan, fall now to the bishop of New-Justinianopolis.” Or perhaps we should read, instead of Constantinople Kwnstantinewn polew", as the Amerbachian ms. has it, and translate: “The same rights which Constantia (the metropolis of Cyprus) possessed, New Justinianopolis shall henceforth have.” The latter is the more probable.



Van Espen.

To understand this canon it must be remembered that the Metropolis of Cyprus, which was formerly called Constantia, when restored by the Emperor Justinian was called by his name, New Justinianopolis.

Canon XL.

Since to cleave to God by retiring from the noise and turmoil of life is very beneficial, it behoves us not without examination to admit before the proper time those who choose the monastic life, but to observe respecting them the limit handed down by our fathers, in order that we may then admit a profession of the life according to God as for ever firm, and the result of knowledge and judgment after years of discretion have been reached. He therefore who is about to submit to the yoke of monastic life should not be less than ten years of age, the examination of the matter depending on the decision of the bishop, whether he considers a longer time more conducive for his entrance and establishment in the monastic life. For although the great Basil in his holy canons decreed that she who willingly offers to God and embraces virginity, if she has completed her seventeenth year, is to be entered in the order of virgins: nevertheless, having followed the example respecting widows and deaconesses, analogy and proportion being considered, we have admitted at the said time those who have chosen the monastic life. For it is written in the divine Apostle that a widow is to be elected in the church at sixty years old: but the sacred canons have decreed that a deaconess shall be ordained at forty, since they saw that the Church by divine grace had gone forth more powerful and robust and was advancing still further, and they saw the firmness and stability of the faithful in observing the divine commandments. Wherefore we also, since we most rightly comprehend the matter, appoint the benediction of grace to him who is about to enter the struggle according to God, even as impressing speedily a certain seal upon him, hereupon introducing him to the not-long-to-be-hesitated-over and declined, or rather inciting him even to the choice and determination of good.
Notes.

Ancient Epitome of Canon XL.


A monk must be ten years old. Even if the Divine Basil thought the one shorn should be over seventeen. But although the Apostle ordains that a widow to be espoused to the Churchmust be sixty, yet the Fathers say a Deaconess is to be ordained at forty, the Church in the meanwhile having become stronger; so we place the seal on a monk at an earlier age.





Aristenus.

The eighteenth canon of Basil the Great orders that she who offers herself to the Lord and renounces marriage, ought to be over sixteen or even seventeen years of age: so that her promise may be firm and that if she violates it she may suffer the due penalties. For, says he, children’s voices are not to be thought of any value in such matters. But the present canon admits him who is not less thanten years and desires to be a monk, but entrusts the determination of the exact time to the judgment of the hegumenos, whether he thinks it more advantageous to increase the age-requirement for the entering and being established in the married life. But the canon lessens the time defined by Basil theGreat, because the Fathers thought that the Church by divine grace had grown stronger since then, and was going on more and more, and that the faithful seemed firmer and more stable for the observance of the divine commandments. And for the same reason, viz, that the Church was growing better, the sacred canons had lessened the age of deaconesses, and fixed it at forty years, although the Apostle himself orders that no widow is to be chosen into the Church under sixty years of age).

Canon XLI.

Those who in town or in villages wish to go away into cloisters, and take heed for themselves apart, before they enter a monastery and practise the anchorite’s life,1 should for the space of three years in the fear of God submit to the Superior of the house, and fulfil obedience in all things, as is right, thus shewing forth their choice of this life and that they embrace it willingly and with their whole hearts; they are then to be examined by the superior (proedro") of the place; and then to bear bravely outside the cloister one year more, so that their purpose may be fully manifested. For by this they will shew fully and perfectly that they are not catching at vain glory, but that they are pursuing the life of solitude because of its inherent beauty and honour. After the completion of such a period, if they remain in the same intention in their choice of the life, they are to be enclosed, and no longer is it lawful for them to go out of such a house when they so desire, unless they be induced to do so for the common advantage, or other pressing necessity urging on to death; and then only with the blessing of the bishop of that place.

And those who, without the above-mentioned causes, venture forth of their convents, are first of all to be shut up in the said convent even against their wills, and then are to cure themselves with fasting and other afflictions, knowing how it is written that “no one who has put his hand to the plough and has looked back, is fit for the kingdom of heaven.”
Notes.

Ancient Epitome of Canon XLI.


Whoever is about to enter a cloister, let him live for three years in a monastery, and before he is shut up let him spend one year more, and so let him be shut up. And he shall not then go forth unless death or the common good demands.





Van Espen.

This canon, so far as it sets forth the necessity of probation before admission to the Anchorite life, synods in after-years frequently approved, taught as they were by experience how perilous a matter it is to admit without sufficient probation to this solitary life and state of separation from the common intercourse with his fellow men. Vide the Synod of Vannes (about a.d. 465) canon vij., of Agde chap. lxxviij., of Orleans the First can. xxij., of Frankfort can. xij., of Toledo the Seventh can. 5,, and the Capitular of Charlemagne To monks, Chap. ij.

Canon XLII.

Those who are called Eremites and are clothed in black robes, and with long hair go about cities and associate with the worldly both men and women and bring odium upon their profession—we decree that if they will receive the habit of other monks and wear their hair cut short, they may be shut up in a monastery and numbered among the brothers; but if they do not choose to do this, they are to be expelled from the cities and forced to live in the desert (erhmou") from whence also they derive their name.
Notes.

Ancient Epitome of Canon XLII.


An eremite dressed in black vesture and not having his hair cut, unless he has his hair cut shall be expelled the city and be shut up in his monastery.

It may not be irreverent to remark that this species of impostors always has been common in the East, and many examples will be found of the dervishes in the Arabian Nights and other Eastern tales. The “vagabond” monks of the West also became a great nuisance as well as a scandal in the Middle Ages. The reader will find interesting instances of Spanish deceivers of the same sort in “Gil Blas” and other Spanish romances).

Canon XLIII.

IT is lawful for every Christian to choose the life of religious discipline, and setting aside the troublous surgings of the affairs of this life to enter a monastery, and to be shaven in the fashion of a monk, without regard to what faults he may have previously committed. For God our Saviour says: “Whose cometh to me, I will in no wise cast out.”

As therefore the monastic method of life engraves upon us as on a tablet the life of penitence, we receive1 whoever approaches it2 sincerely; nor is any custom to be allowed to hinder him from fulfilling his intention.
Notes.

Ancient Epitome of Canon XLIII.


Whoever flees from the surging billows of life and desires to enter a monastery, shall be allowed to do so.





Zonaras.

The greatness or the number of a man’s sins ought not to make him lose hope of propitiating the divinity by his penitence, if he turns his eyes to the divine mercy. This is what the canon asserts, and affirms that everyone, no matter how wicked and nefarious his life may have been, may embrace monastic discipline, which inscribes, as on a tablet,3 to us a life of penitence. For as a tablet describes to us what is inscribed upon it, so the monastic profession writes and inscribes upon us penitence, so that it remains for ever.

Canon XLIV.

A Monk convicted of fornication, or who takes a wife for the communion of matrimony and for society, is to be subjected to the penalties of fornicators, according to the canons.
Notes.

Ancient Epitome of Canon XLIV.


A monk joined in marriage or committing fornication shall pay the penalty of a fornicator.

The punishment here seems too light, so that Balsamon thinks that this canon only refers to such monks as freely confess their sin and desist from it, remaining in their monasteries; and that the sterner penalties assigned to unchaste religious by other synods (notably Chalcedon, can. xvj., and Ancyra, can. xix). are for such as do not confess their faults but are after some time convicted of them.





Aristenus.

The monk will receive the same punishment whether he be a fornicator or has joined himself with a woman for the communion of marriage.



Van Espen.

It is very likely from this canon that the Monastic vow at the time of this Synod was not yet an impedimentum dirimens of matrimony, for nothing is said about the dissolution of the marriage contracted by a monk although he had gravely sinned in violating his faith pledged to God.

Canon XLV.

Whereas we understand that in some monasteries of women those who are about to be clothed with the sacred habit are first adorned in silks and garments of all kinds, and also with gold and jewels, by those who bring them thither, and that they thus approach the altar and are there stripped of such a display of wealth, and that immediately thereafter the blessing of their habit takes place, and they are clothed with the black robe; we decree that henceforth this shall not be done. For it is not lawful for her who has already of her own free will put away every delight of life, and has embraced that method of life which is according to God, and has confirmed it with strong and stable reasons, and so has come to the monastery, to recall to memory the things which they had already forgotten, things of this world which perisheth and passeth away. For thus they raise in themselves doubts, and are disturbed in their souls, like the tossing waves, turning hither and thither. Moreover, they should not give bodily evidence of heaviness of heart by weeping, but if a few tears drop from their eyes, as is like enough to be the case, they may be supposed by those who see them to have flowed mh mallon on account of their affection (diaqesew", affectionem) for the ascetic struggle rather than (h) because they are quitting the world and worldly things.
Notes.

Ancient Epitome of Canon XLV.


Parents shall not deck out in silks a daughter who has chosen the monastic life, and thus clothe her, for this is a recalling to her mind the world she is leaving.

This canon is at the present day constantly broken at the profession of Carmelites.

Canon XLVI.

Those women who choose the ascetic life and are settled in monasteries may by no means go forth of them. If, however, any inexorable necessity compels them, let them do so with the blessing and permission of her who is mother superior; and even then they must not go forth alone, but with some old women who are eminent in the monastery, and at the command of the lady superior. But it is not at all permitted that they should stop outside.

And men also who follow the monastic life let them on urgent necessity go forth with the blessing of him to whom the rule is entrusted.

Wherefore, those who transgress that which is now decreed by us, whether they be men or women, are to be subjected to suitable punishments.
Notes.

Ancient Epitome of Canon XLVI.


A nun shall not go out of her convent without the consent of her superior, nor shall she go alone but with an older one of the order. It is in no case permitted to her to spend the night outside. The same is the case with a monk; he cannot go out of the monastery without the consent of the superior.

Canon XLVII.

No woman may sleep in a monastery of men, nor any man in a monastery of women. For it behoves the faithful to be without offence and to give no scandal, and to order their lives decorously and honestly and acceptably to God. But if any one shall have done this, whether he be cleric or layman, let him be cut off.
Notes.

Ancient Epitome of Canon XLVII.


It is not allowed that a woman should sleep in a convent of men, nor a man in a monastery of women.

The ground covered by this canon is also found in Justinian’s Code, Book xliv., Of Bishops and Clergy. Vide also Novella cxxxiii., chap. 5,





Van Espen.

From the whole context of Justinian’s law it is manifest that Justinian here is condemning “double monasteries,” in which both men and women dwelt. And he wishes such to be separated, the men from the women, and e contra the women from the men, and that each should dwell in separate monasteries.

The reader may be reminded of some curious double religious houses in England for men and women, of which sometimes a woman was the superior of both).

Canon XLVIII.

The wife of him who is advanced to the Episcopal dignity, shall be separated from her husband by their mutual consent, and after his ordination and consecration to the episcopate she shall enter a monastery situated at a distance from the abode of the bishop, and there let her enjoy the bishop’s provision. And if she is deemed worthy she may be advanced to the dignity of a deaconess.
Notes.

Ancient Epitome of Canon XLVIII.


She who is separated from one about to be consecrated bishop, shall enter a monastery after his ordination, situated at a distance from the See city, and she shall be provided for by the bishop.

Canon XLIX.

Renewing also the holy canon, we decree that the monasteries which have been once consecrated by the Episcopal will, are always to remain monasteries, and the things which belong to them are to be preserved to the monastery, and they cannot any more be secular abodes nor be given by any one to seculars. But if anything of this kind has been done already, we declare it to be null; and those who hereafter attempt to do so are to be subjected to canonical penalties.
Notes.

Ancient Epitome of Canon XLIX.


Monasteries built with the consent of the bishop shall not afterwards be turned into secular houses, nor shall they pass into the hands of seculars.





Van Espen.

This canon renews canon 24,of Chalcedon. And here it may be observed that the canons even of Ecumenical Synods fall into desuetude little by little, unless the care of bishops and pastors keeps them alive, and from the example of this synod it may be seen how often they need calling back again into observance.

Nor can there be any doubt that frequently it would be more advantageous to renew the canons already set forth by the Fathers, rather than to frame new ones.

Canon L.

No one at all, whether cleric or layman, is from this time forward to play at dice. And if any one hereafter shall be found doing so, if he be a cleric he is to be deposed, if a layman let him be cut off.
Notes.

Ancient Epitome of Canon L.


A layman should not plug at dice.

This renews canons 42,and xliij. of the Apostolic canons.

Canon LI.

This holy and ecumenical synod altogether forbids those who are called “players,” and their “spectacles,” as well as the exhibition of hunts, and the theatrical dances. If any one despises the present canon, and gives himself to any of the things which are forbidden, if he be a cleric he shall be deposed, but if a layman let him be cut off.
Notes.

Ancient Epitome of Canon LI.


Whose shall play as an actor or shall attend theatrical representations or hunts shall be cut off. Should he be a cleric he shall be deposed.





Balsamon.

Some one will enquire why canon xxiiij. decrees that those in holy orders and monks, who are constantly attending horse-races, and scenic plays, are to cease or be deposed: but the present canon says without discrimination, that those who give themselves over to such things if clergymen are to be deposed, and if laymen to be cut off. The solution is this. It is one thing and more easily to be endured, that a man should be present at a horse-race, or be convicted of going to see a play; and another thing, and one that cannot be pardoned, that he should give himself over to such things, and to exercise this continually as his business. Wherefore those who have once sinned deliberately, are admonished to cease. If they are not willing to obey, they are to be deposed. But those who are constantly engaged in this wickedness, if they are clerics, they must be deposed from their clerical place, if laymen they must be cut off.

Canon LII.

ON all days of the holy fast of Lent, except on the Sabbath, the Lord’s day and the holy day of the Annunciation, the Liturgy of the Presanctified is to be said.
Notes.

Ancient Epitome of Canon LII.


Throughout the whole of Lent except upon the Lord’s day, the Sabbath, and upon the day of the Annunciation, the presanctified gifts shall be offered.





Balsamon.

We do not call the service of the Presanctified the unbloody sacrifice, but the offering of the previously offered, and of the perfected sacrifice, and of the completed priestly act.





Van Espen.

The Greeks therefore confess that the bread once offered and consecrated, is not to be consecrated anew on another day; but a new offering is made of what was before consecrated and presanctified: just as in the Latin Church the consecrated or presanctified bread of Maundy Thursday is offered on Good Friday.

The Patriarch Michael of Constantinople is quoted by Leo Allatius as saying that “none of the mystic consecratory prayers are said over the presanctified gifts, but the priest only recites the prayer that he may be a worthy communicant.”

Some among the later Greeks have been of opinion that the unconsecrated wine was consecrated by the commixture with the consecrated bread, and (without any words of consecration) was transmuted into the sacred blood,1 and with this seems to agree the already quoted Michael, Patriarch of Constantinople, who is cited by Leo Allatius in his treatise on the rite of the presanctified. “The presanctified is put into the mystic chalice, and so the wine which was then in it, is changed into the holy blood of the Lord.” And with this agrees Simeon, Archbishop of Thessalonica, in his answer to Gabriel of Pentapolis, when he writes: “In the mass of the Presanctified no consecration of what is in the chalice is made by the invocation of the Holy Spirit and of his sign, but by the participation and union of the life-giving bread, which is truly the body of Christ.”

From this opinion, which was held by some of the Greeks, it gradually became the practice at Constantinople not to dip the bread in the Sacred Blood, as Michael the patriarch of this very church testifies. But in the ordinary Euchologion of the Greeks it is expressly set forth that the presanctified bread before it is reserved, should be dipped in the sacred blood, and for this a rite is provided.

Leo Allatius’s Dissertatio de Missa Proesanctificatorum should be read; an outline of the service as found in the Euchologion, and as reprinted by Renaudotius is as follows.

First of all vespers is said. After some lessons and prayers, including the “Great Ectenia” and that for the Catechumens, these are dismissed.

After the Catechumens have departed there follows the Ectenia of the Faithful. After which, “Now the heavenly Powers invisibly minister with us; for, behold, the King of Glory is borne in. Behold the mystic sacrifice having been perfected is borne aloft by angels.

“Let us draw near with faith and love, that we may become partakers of life eternal. Alleluia, Alleluia, Alleluia.

“Deacon. Let us accomplish our evening prayer to the Lord.

“For the precious and presanctified gifts that are offered, let us pray to the Lord. “That our man-loving God, etc.” as in the ordinary liturgy past the Lord’s prayer, and down to the Sancta Sanctis, which reads as follows:

Priest. Holy things presanctified for holy persons.

Choir. One holy, one Lord Jesus Christ, to the Glory of God the Father—Amen.

Then the Communion Hymn and the Communion, and the rest as in the ordinary liturgy, except “this whole evening,” is said for “this whole day,” and another prayer is provided in the room of that beginning “Lord, who blessest them, etc.”2

It is curious to note that on Good Friday, the only day on which the Mass of the Presanctified is celebrated in the West, its use has died out in the East, and now it is used “on the Wednesdays and Fridays of the first six weeks of the Great Quadragesima, on the Thursday of the fifth week, and on the Monday, Tuesday, and Wednesday of Holy Passion Week. It may also be said, excepting on Saturdays and Sundays, and on the Festival of the Annunciation, on other days during the Fast, to wit, on those of festivals and their Vigils, and on the Commemoration of the Dedication of the Church.”

Symeon, who was bishop of Thessalonica, and flourished in the early part of the XVth Century, complains of the general neglect of the Mass of the Presanctified on Good Friday in his time, and says that his church was the only one in the Exarchate that then retained it. He ascribes the disuse to the example of the Church of Jerusalem. See the matter treated at length in his Quoestiones, lv-lix. Migne’s Pat. Groec.

Cf. J. M. Neale Essays on Liturgiology, p. 109.

Canon LIII.

Whereas the spiritual relationship is greater than fleshly affinity; and since it has come to our knowledge that in some places certain persons who become sponsors to children in holy salvation-bearing baptism, afterwards contract matrimony with their mothers (being widows), we decree that for the future nothing of this sort is to be done. But if any, after the present canon, shall be observed to do this, they must, in the first place, desist from this unlawful marriage, and then be subjected to the penalties of fornicators.
Notes.

Ancient Epitome of Canon LIII.


Godfathers cannot be permitted to be married with the mother of their godchildren. If any one is so joined, let him do penance after separation.





Johnson.

(Clergyman’s Vade Mecum).

The imperial law forbade the adopter parent to marry his or her adopted son or daughter; for the godchild was thought a sort of an adopted child. See Justin., Institut., Lib. I., Tt x.

Van Espen however refers, and to my mind with greater truth, to Justinian’s law (xxvj of the Cod. de Nuptiis) which forbids the marriage of a man with his nurse or with whoever received him from the font, “because,” says the law, “nothing can so incite to parental affection, and therefore induce a just prohibition of marriage, than a bond of this sort by which, through God’s meditation, their souls are bound together.”

Canon LIV.

The divine scriptures plainly teach us as follows, “Thou shalt not approach to any that is near of kin to thee to uncover their nakedness.” Basil, the bearer-of-God, has enumerated in his canons some marriages which are prohibited and has passed over the greater part in silence, and in both these ways has done us good service. For by avoiding a number of disgraceful names (lest by such words he should pollute his discourse) he included impurities under general terms, by which course he shewed to us in a general way the marriages which are forbidden. But since by such silence, and because of the difficulty of understanding what marriages are prohibited, the matter has become confused; it seemed good to us to set it forth a little more clearly, decreeing that from this time forth he who shall marry with the daughter of his father; or a father or son with a mother and daughter; or a father and son with two girls who are sisters; or a mother and daughter with two brothers; or two brothers with two sisters, fall under the canon of seven years, provided they openly separate from this unlawful union.



Ancient Epitome of Canon LIV.

Thou shalt not permit the marriage of a son of a brother to the daughter of a brother; nor with a daughter and her mother shall there be the marriage of a son and his father; neither a mother and a daughter with two brothers; nor brothers with two sisters. But should anything of this sort have been done, together with separation, penance shall be done for seven years.

Canon LV.

Since we understand that in the city of the Romans, in the holy fast of Lent they fast on the Saturdays, contrary to the ecclesiastical observance which is traditional, it seemed good to the holy synod that also in the Church of the Romans the canon shah immovably stands fast which says: “If any cleric shall be found to fast on a Sunday or Saturday (except on one occasion only) he is to be deposed; and if he is a layman he shall be cut off.”
Notes.

Ancient Epitome of Canon LV.


The Romans fast the Sabbaths of Lent. Therefore this Synod admonishes that upon these days the Apostolical canon is of force.

The canon quoted is LXVI. of the Apostolic Canons.





Van Espen.

The Fathers of this Synod thought that this canon of the Apostles was edited by the Apostles themselves, and therefore they seem to have reprobated the custom of the Roman Church of fasting on the Sabbath more bitterly than was right. Whence it happens this is one of those canons which the Roman Church never received.





Zonaras.

The synod took in hand to correct this failing (sfalma) of the Latins; but until this time they have arrogantly remained in their pertinacity, and so remain to-day. Nor do they heed the ancient canons which forbid fasting on the Sabbath except that one, to wit the great Sabbath, nor are they affected by the authority of this canon. Moreover the clerics have no regard for the threatened deposition, nor the laymen for their being cut off.

Canon LVI.

WE have likewise learned that in the regions of Armenia and in other places certain people eat eggs and cheese on the Sabbaths and Lord’s days of the holy lent. It seems good therefore that the whole Church of God which is in all the world should follow one rule and keep the fast perfectly, and as they abstain from everything which is killed, so also should they from eggs and cheese, which are the fruit and produce of those animals from which we abstain. But if any shall not observe this law, if they be clerics, let them be deposed; but if laymen, let them be cut off.
Notes.

Ancient Epitome of Canon LVI.


Armenians eat eggs and cheese on the Sabbaths in Lent. It is determined that the whole world should abstain from these. If not let the offender be cast out.



Van Espen.

This canon shows that the ancient Greeks, although they did not fast on the Sabbaths and Lord’s days of Lent, nevertheless they abstained on them from flesh food; and it was believed by them that abstinence from flesh food involved also necessarily abstinence from all those things which have their origin from flesh. This also formerly was observed by the Latins in Lent, and in certain regions is known still to be the usage).

Canon LVII.

IT is not right to offer honey and milk on the altar.
Notes.

Ancient Epitome of Canon LVII.


No one should offer honey or milk at the altar.

See canon iij. of the Apostles, canon xxviij. of the African code, also canon xxviij. of this synod. The Greeks apparently do not recognize the exception specified in the canon of the African Code.

Canon LVIII.

None of those who are in the order of laymen may distribute the Divine Mysteries to himself if a bishop, presbyter, or deacon be present. But whoso shall dare to do such a thing, as acting contrary to what has been determined shall be cut off for a week and thenceforth let him learn not to think of himself more highly than he ought to think.
Notes.

Ancient Epitome of Canon LVIII.


A layman shall not communicate himself. Should he do so, let him be cut off for a week.





Van Espen.

It is well known that in the first centuries it was customary that the Holy Eucharist should be taken back by the faithful to their houses; and that at home they received it at their own hands. It is evident that this was what was done by the Anchorites and monks who lived in the deserts, as may be seen proved by Cardinal Bona. (De Rebus Liturg., Lib. II., cap. xvij).. From this domestic communion it is easily seen how the abuse arose which is condemned in this canon.

Canon LIX.

Baptism is by no means to be administered in an oratory which is within a house; but they who are about to be held worthy of the spotless illumination are to go to a Catholic Church and there to enjoy this gift. But if any one shall be convicted of not observing what we have determined, if he be a cleric let him be deposed, if a layman let him be cut off.



Ancient Epitome of Canon LIX.

In oratories built in houses they shall not celebrate baptism. Whoever shall not observe this, if a cleric he shall be deposed, if a layman he shall be cut off.

Canon LX.

Since the Apostle exclaims that he who cleaves to the Lord is one spirit, it is clear that he who is intimate with his [i.e. the Lord’s] enemy becomes one by his affinity with him. Therefore, those who pretend they are possessed by a devil and by their depravity of manners feign to manifest their form and appearance; it seems good by all means that they should be punished and that they should be subjected to afflictions and hardships of the same kind as those to which they who are truly demoniacally possessed are justly subjected with the intent of delivering them from the [work or rather] energy of the devil.
Notes.

Ancient Epitome of Canon LX.


Whoever shall pretend to be possessed by a devil, shall endure the penance of demoniacs.

Zonaras says in his scholion that even in his day people made the same claim to diabolical possession).

Canon LXI.

Those who give themselves up to soothsayers or to those who are called hecatontarchs or to any such, in order that they may learn from them what things1 they wish to have revealed to them, let all such, according to the decrees lately made by the Fathers concerning them, be subjected to the canon of six years. And to this [penalty] they also should be subjected who carry about2 she-bears or animals of the kind for the diversion and injury of the simple; as well as those who tell fortunes and fates, and genealogy, and a multitude of words of this kind from the nonsense of deceit and imposture. Also those who are called expellers of clouds, enchanters, amulet-givers, and soothsayers.

And those who persist in these things, and do not turn away and flee from pernicious and Greek pursuits of this kind, we declare are to be thrust out of the Church, as also the sacred canons say. “For what fellowship hath light with darkness?” as saith the Apostle, “or what agreement is there between the temple of God and idols? or what part hath he that believeth with an infidel? And what concord hath Christ with Belial?”
Notes.

Ancient Epitome of Canon LXI.


Whoever shall deliver himself over to a hecatontarch or to devils, so as to learn some secret, he shall be put under penance for six years. So too those who take around a bear, who join themselves with those who seek incantations and drive away the clouds, and have faith in fortune and fate, shall be cast out of the assembly of the Church.





Hefele.

According to Balsamon (in Beveridge, Synod., Tom. 1P 228) old people who had the reputation of special knowledge [were called “hecatontarchs”]. They sold the hair [of these she bears and other animals] as medicine or for an amulet. Cf. Balsamon and Zonaras ut supra.

St. Chrysostom in his Homilies on the Statutes explains, in answer to certain who defended them on this ground, that if these incantations are made in the name of Christ they are so much the worse. The Saint says, “Moreover I think that she is to be hated all the more who abuses the name of God for this purpose, because while professing to be a Christian, she shows by her actions that she is a heathen.”

Canon LXII.

The so-called Calends, and what are called Bota and Brumalia, and the full assembly which takes place on the first of March, we wish to be abolished from the life of the faithful. And also the public dances of women, which may do much harm and mischief. Moreover we drive away from the life of Christians the dances given in the names of those falsely called gods by the Greeks whether of men or women, and which are performed after an ancient and un-Christian fashion; decreeing that no man from this time forth shall be dressed as a woman, nor any woman in the garb suitable to men. Nor shall he assume comic, satyric, or tragic masks; nor may men invoke the name of the execrable Bacchus when they squeeze out the wine in the presses; nor when pouring out wine into jars [to cause a laugh1 ], practising in ignorance and vanity the things which proceed from the deceit of insanity. Therefore those who in the future attempt any of these things which are written, having obtained a knowledge of them, if they be clerics we order them to be deposed, anti if laymen to be cut off.
Notes.

Ancient Epitome Ofcanon LXII.


Let these be taken away from the lives of the faithful, viz.: the Bota, and the Calends, and the Brumalia, and salutations in honour of the gods, and comic, satyric and tragic masks, and the invocation of Bacchus at the wine press, and the laughing at the wine jars. Whoever shall persist in these after this canon shall be liable to give an account).

On the Calends see Du Cange (Glossarium in loc).. The Bota were feasts in honour of Pan, the Brumalia feasts in honour of Bacchus. Many particulars with regard to these superstitions will be found in Balsamon’s scholion, to which the curious reader is referred. Van Espen also has some valuable notes on the Kalends of January.

Canon LXIII.

WE forbid to be publicly read in Church, histories of the martyrs which have been falsely put together by the enemies of the truth, in order to dishonour the martyrs of Christ and induce unbelief among those who hear them, but we order that such books be given to the flames. But those who accept them or apply their mind to them as true we anathematize.
Notes.

Ancient Epitome of Canon LXIII.


Martyrologies made up by the ethnics (Ellh niwn) shall not be published in church.

What is condemned is false histories of true martyrs, not (as Johnson erroneously supposes) “false legends of pretended martyrs.” There have been martyrs, both royal and plebeian, in much later times whose lives have been made ridiculous and whose memory has been rendered hateful to the ignorant people by so-called “histories” which might well have received the treatment ordered by the canon.

Canon LXIV.

IT does not befit a layman to dispute or teach publicly, thus claiming for himself authority to teach, but he should yield to the order appointed by the Lord, and to open his ears to those who have received the grace to teach, and be taught by them divine things; for in one Church God has made “different members,” according to the word of the Apostle: and Gregory the Theologian, wisely interpreting this passage, commends the order in vogue with them saying:1 “This order brethren we revere, this we guard. Let this one be the ear; that one the tongue, the hand or any other member. Let this one teach, but let that one learn.” And a little further on: “Learning in docility and abounding in cheerfulness, and ministering with alacrity, we shall not all be the tongue which is the more active member, not all of us Apostles, not all prophets, nor shall we all interpret.” And again: “Why dost thou make thyself a shepherd when thou art a sheep? Why become the head when thou art a foot? Why dost thou try to be a commander when thou art enrolled in the number of the soldiers?” And elsewhere: “Wisdom orders, Be not swift in words; nor compare thyself with the rich, being poor; nor seek to be wiser than the wise.” But if any one be found weakening the present canon, he is to be cut off for forty days.
Notes.

Ancient Epitome of Canon LXIV.


A layman shall not teach, for all are not prophets, nor all apostles.

Zonaras points out that this canon refers only to public instruction and not to private. Van Espen further notes that in the West this restriction is limited to the solemn and public preaching and announcing of the Word of God, which is restricted to bishops, and only by special and express license given to the other clergy, and refers to his own treatment of the subject In jure Eccles, Tom I., part 1, tit. xvj., cap. viij.

Canon LXV.

The fires which are lighted on the new moons by some before their shops and houses, upon which (according to a certain ancient custom) they are wont foolishly and crazily to leap, we order henceforth to cease. Therefore, whosoever shall do such a thing, if he be a cleric, let him be deposed; but if he be a layman, let him be cut off. For it is written in the Fourth Book of the Kings “And Manasses built an altar to the whole host of heaven, in the two courts of the Lord, and made his sons to pass through the fire, he used lots and augurs and divinations by birds and made ventriloquists [or pythons1 ] and multiplied diviners, that he might do evil before the Lord and provoke him to anger.”2
Notes.

Ancient Epitome of Canon LXV.


The fires which were made upon the new moons at the workshops are condemned and those who leaped upon them.

Lupin remarks that the fires kindled on certain Saints’ days are almost certainly remains of this heathen practice. These fires are often accompanied with leaping, drinking, and the wrestling of young men.

Canon LXVI.

From the holy day of the Resurrection of Christ our God until the next Lord’s day, for a whole week, in the holy churches the faithful ought to be free from labour, rejoicing in Christ with psalms and hymns and spiritual songs; and celebrating the feast, and applying their minds to the reading of the holy Scriptures, and delighting in the Holy Mysteries; for thus shall we be exalted with Christ and together with him be raised up. Therefore, on the aforesaid days there must not be any horse races or any public spectacle.
Notes.

Ancient Epitome of Canon LXVI.


The faithful shall every one of them go to church during the whole week after Easter.





Van Espen.

It is certain that the whole of Easter week was kept as a feast by the whole Church both East and West; and this Synod did not introduce this custom by its canon, but adopted this canon to ensure its continuance.

Here we have clearly set forth the Christian manner of passing a feast-day, viz., that the faithful on those days did give themselves up to “Psalms and Hymns and Spiritual Songs,” from which the divine office which we call today canonical [i.e., chiefly Mattins and Vespers] are made up; and hence we understand that all the faithful ought to attend the choir-offices, which was indeed observed for many centuries, as I have shewn in my Dissertation on the Canonical Hours, cap. III.,1, and therefore it was called “public” [or common] prayer.

Canon LXVII.

The divine Scripture commands us to abstain from blood, from things strangled, and from fornication. Those therefore who on account of a dainty stomach prepare by any art for food the blood of any animal, and so eat it, we punish suitably. If anyone henceforth venture to eat in any way the blood of an animal, if he be a clergyman, let him be deposed; if a layman, let him be cut off.
Notes.

Ancient Epitome of Canon LXVII.


A cleric eating blood shall be deposed, but a layman shall be cut off.





Van Espen.

The apostolic precept of abstaining “from blood and from things strangled” for some ages, not only among the Greeks but also among the Latins, was observed in many churches, but little by little and step by step it died out in the whole Church, at least in the Latin Church, altogether.

In this the Latin Church followed the opinion of St. Augustine, Contra Faustum Manichoeum, Lib. XXXII., cap. xiij., where he teaches at great length that the precept was given to Christians only while the Gentile Church was not yet settled. This passage of Augustine also proves that at that time Africa did not observe this precept of the Apostles).

Canon LXVIII.

IT is unlawful for anyone to corrupt or cut up a book of the Old or New Testament or of our holy and approved preachers and teachers, or to give them up to the traders in books or to those who are called perfumers, or to hand it over for destruction to any other like persons: unless to be sure it has been rendered useless either by bookworms, or by water, or in some other way. He who henceforth shall be observed to do such a thing shall be cut off for one year. Likewise also he who buys such books (unless he keeps them for his own use, or gives them to another for his benefit to be preserved) and has attempted to corrupt them, let him be cut off.
Notes.

Ancient Epitome of Canon LXVIII.


Thou shalt not destroy nor hand over copies of the Divine Scriptures to be destroyed unless they are absolutely useless.





Van Espen.

(Foot-note).

I think that this canon was directed against certain Nestorian and Eutychian heretics, who, that they might find some patronage of their errors from the Holy Scriptures, dared in the sixth century most infamously to corrupt certain passages of the New Testament.

Canon LXIX.

IT is not permitted to a layman to enter the sanctuary (Holy Altar, Gk)., though, in accordance with a certain ancient tradition, the imperial power and authority is by no means prohibited from this when he wishes to offer his gifts to the Creator.
Notes.

Ancient Epitome of Canon LXIX.


No layman except the Emperor shall go up to the altar.





Van Espen.

That in the Latin Church as well as in the Greek for many centuries it was the constant custom, ratified by various councils, that lay-men are to be excluded from the sanctuary and from the place marked off for the priests who are celebrating the divinemysteries, is so notorious as to need no proof, and the present canon shows that among the Greeks the laity were not admitted to the sacrarium even to make offerings.

The Synod makes but one exception, to wit, the Emperor, who can enter the rails ofthe holy altar by its permission “when he wishes to offer his gifts to the Creator, according to ancient custom.”

Not without foundation does the Synod claim “ancient custom” for this; for long before, it is evident, it was the case from thewords of the Emperor Theodosius the Younger. See also Theodoret (H. E., Lib. 5,, cap. xvij)..

In the Latin Church, not only to emperors, kings, and great princes but also to patrons of churches, to toparchs of places, and even to magistrates, seats have been wont to be assigned honoris causa within the sanctuary or choir, and it has been contended that these are properly due to such persons.

It is evident from Balsamon’s note that the later Greeks at least looked upon the Emperor as being (like the kings of England and France) a persona mixta, sharing in some degree the sacerdotal character, as being anointed not merely with oil, but with the sacred chrism. Vide in this connexion J. Wickham Legg,The Sacring of the English Kings, in “The Archaeological Journal,” March, 1894.

Canon LXX.

Women are not permitted to speak at the time of the Divine Liturgy; but, according to the word of Paul the Apostle, “let them be silent. For it is not permitted to them to speak, but to be in subjection, as the law also saith. But if they wish to learn anything let them ask their own husbands at home.”
Notes.

Ancient Epitome of Canon LXX.


Women are not permitted to speak in church. “Let your women keep silence in the churches; for it is not permitted unto them to speak,” is the passage referred to. 1Co 14,34.

Canon LXXI.

Those who are taught the civil laws must not adopt the customs of the Gentiles, nor be induced to go to the theatre, nor to keep what are called Cylestras, nor to wear clothing contrary to the general custom; and this holds good when they begin their training, when they reach its end, and, in short, all the time of its duration. If any one from this time shall dare to do contrary to this canon he is to be cut off.
Notes.

Ancient Epitome of Canon LXXI.


Whoever devotes himself to the study of law, uses the manner of the Gentiles, going to the theatre, and rolling in the dust, or dressing differently to custom, shall be cut off.

Liddell and Scott identify kalistra with kalindhqra ,which they define as “a place for horses to roll after exercise,” and note that it is a synonym of alindhqra. But it is interesting to note that alinhsi" is “a rolling in the dust, an exercise in which wrestlers rolled on the ground.”

Hefele says that Balsamon and Zonaras have not been able rightly to explain what we are to understand by the forbidden “Cylestras,” but I think Johnson is not far out of the way when he translates “nor to meddle with athletic exercises.”

Canon LXXII.

AN orthodox man is not permitted to marry an heretical woman, nor an orthodox woman to be joined to an heretical man. But if anything of this kind appear to have been done by any [we require them] to consider the marriage null, and that the marriage be dissolved. For it is not fitting to mingle together what should not be mingled, nor is it right that the sheep be joined with the wolf, nor the lot of sinners with the portion of Christ. But if any one shall transgress the things which we have decreed let him be cut off. But if any who up to this time are unbelievers and are not yet numbered in the flock of the orthodox have contracted lawful marriage between themselves, and if then, one choosing the right and coming to the light of truth and the other remaining still detained by tile bond of error and not willing to behold with steady eye the divine rays, the unbelieving woman is pleased to cohabit with the believing man, or the unbelieving man with the believing woman, let them not be separated, according to the divine Apostle, “for the unbelieving husband is sanctified by the wife, and the unbelieving wife by her husband.”
Notes.

Ancient Epitome of Canon LXXII.


A marriage contracted with heretics is void. But if they have made the contract before [conversion] let them remain [united] if they so desire.

Perhaps none of the canons of this synod present greater and more insolvable difficulties than the present. It has been for long centuries the tradition of the Church that the marriage of a baptized Christian with an unbaptized person is null, but this canon seems to say that the same is the case if the one party be a heretic even though baptized. If this is what the canon means it elevates heresy into an impedimentum dirimens. Such is not and never has been the law of the West, and such is not to-day the practice of the Eastern church, which allows the marriage of its people with Lutherans and with Roman CatholiCs and never questions the validity of their marriages. Van Espen thinks “the Greek commentators seem” to think that the heretics referred to are unbaptized; I do not know exactly why he thinks so).

Canon LXXIII.

Since the life-giving cross has shewn to us Salvation, we should be careful that we render due honour to that by which we were saved from the ancient fall. Wherefore, in mind, in word, in feeling giving veneration (proskunhsin) to it, we command that the figure of the cross, which some have placed on the floor, be entirely removed therefrom, lest the trophy of the victory won for us be desecrated by the trampling under foot of those who walk over it. Therefore those who from this present represent on the pavement the sign of the cross, we decree are to be cut off.
Notes.

Anclent Epitome of Canon LXXIII.


If there is a cross upon a pavement it must be removed.

This canon defines that to the image of the cross is to be “given veneration (proskunhsi") of the intellect, of the words, and of the sense,” i.e., the cross is to be venerated with the interior cultus of the soul, is to be venerated with the exterior culture of praise, and also with sensible acts, such as kissings, bowings, etc.

Canon LXXIV.

IT is not permitted to hold what are called agapae, that is love-feasts, in the Lord’s houses or churches, nor to eat within the house, nor to spread couches. If any dare to do so let him cease therefrom or be cut off.
Notes.

Ancient Epitome of Canon LXXIV.


Agapae are not to be held in the churches, nor shall beds be put up these, let them be cut off. Whoso refuse to give up. This is a renewal of canon xxviij., of Laodicea, on which canon see the notes.

Canon LXXV.

WE, will that those whose office it is to sing in the churches do not use undisciplined vociferations, nor force nature to shouting, nor adopt any of those modes which are incongruous and unsuitable for the church: but that they offer the psalmody to God, who is the observer of secrets, with great attention and compunction. For the Sacred Oracle taught that the Sons of Israel were to be pious.1
Notes.

Ancient Epitome of Canon LXXV.


Inordinate vociferation of the psalms is not allowed, nor he that adopts things unsuited to the churches.

This question of the character of churchmusic was one early discussed among Christians, and (long before the time of this synod), St. Augustine, in debating as to whether the chanting or the reading of the psalter was the more edifying, concludes, “when the psalms are chanted with a voice and most suitable modulation (liquida voce et convenientissima modulatione), I recognize that there is great utility in the practice,” and further on he adds that singing is to be the rather approved, because “by the delight given to the ears the infirm soul is worked up to pious aspirations.” (Confess. Lib. x., cap. xxxiij)..

Canon LXXVI.

IT is not right that those who are responsible for reverence to churches should place within the sacred bounds an eating place, nor offer food there, nor make other sales. For God our Saviour teaching us when he was tabernacling in the flesh commanded not to make his Father’s house a house of merchandize. He also poured out the small coins of the money-changers, and drave out all those who made common the temple. If, therefore, anyone shall be taken in the aforesaid fault let him be cut off.
Notes.

Ancient Epitome of Canon LXXVI.


A public house should not be established within the sacred precincts; and it is wrong to sell food there; and whosever shall do so shall be cut off.

Both Balsamon and Zonaras remark that this canon refers to the vestibule of the church and to the rest of the sacred inclosure, and not to the interior of the church proper, for there no one would ever think of having a shop.

Canon LXXVII.

IT is not right that those who are dedicated to religion, whether clerics or uscetics,1 should wash in the bath with women, nor should any Christian man or layman do so. For this is severely condemned by the heathens. But if any one is caught in this thing, if he is a cleric let him be deposed; if a layman, let him be cut off.
Notes.

Ancient Epitome of Canon LXXVII.


A Christian man shall not bathe with women. Should a cleric do so he is to be deposed, and a layman cut off.

This is a renewal of the XXXth canon of Laodicea. It will be noted, as Zonaras remarks, that the monks must be counted among the laymen who are to be cut off, since they have no clerical character or tonsure.

Canon LXXVIII.

IT behoves those who are illuminated to learn the Creed by heart and to recite it to the bishop or presbyters on the Fifth Feria of the Week.
Notes.

Ancient Epitome of Canon LXXVIII.


(He that is illuminated is to recite (apaggelletw) the faith on the fifth feria of the week.

This is a renewal of canon 46,of Laodicea.

Canon LXXIX.

As we confess the divine birth of the Virgin to be without any childbed, since it came to pass without seed, and as we preach this to the entire flock, so we subject to correction those who through ignorance do anything which is inconsistent therewith. Wherefore since some on the day after the holy Nativity of Christ our God are seen cooking semidalin, and distributing it to each other, on pretext of doing honour to the puerperia of the spotless Virgin Maternity, we decree that henceforth nothing of the kind be done by the faithful. For this is not honouring the Virgin (who above thought and speech bare in the flesh the incomprehensible Word) when we define1 and describe, from ordinary things and from such as occur with ourselves, her ineffable parturition. If therefore anyone henceforth be discovered doing any such thing, if he be a cleric let him be deposed, but if a layman let him be cut off.
Notes.

Ancient Epitome of Canon LXXIX.


Whoever after the feast of the Mother of God shall prepare semidilin (semilam) or anything else on account of what is called puerperia, let him be cut off).

As the Catholic Church has always taught the Virgin-birth as well as the Virgin-conception of our Blessed Lord, and has affirmed that Mary was ever-virgin, even after she had brought forth the incarnate Son, so it follows necessarily that there could be no childbed nor puerperal flux. It need hardly be remarked here that besides other texts that of the prophet is considered as teaching thus much, “Behold the Virgin (ha alma) shall conceive and bear a son,” she that “bare” as well as she that “conceived” being a virgin. Some commentators have taken epilokeia for the afterbirth, but Christian Lupus, as Van Espen notes, has pointed out that the early fathers seem to have recognized that the Virgin did have the “afterbirth,” and this St. Jerome expressly teaches in his book, Contra Helvidium.

The Greeks, however, understood it as I have translated, and the witness of Zonaras will be sufficient. The words loko", lokaio" and the like all signify “lying in,” “a place of lying in,” and Liddell and Scott say that the latter word is used of “bearing down like heavy ears of corn,” which would well express the labour pains.





Zonaras.

This canon teaches that the parturition of the holy Virgin was without any childbed. For childbed (puerperium) is the emission of the foetus accompanied by pain and a flux of blood: but none of us eve believed that the Mother of God was subjected to sufferings of this sort, for these are the consequents of natural conception, but her conception was supernatural; and by the Holy Spirit it was brought to pass that she was not subjected to those evils which rightly are attached to natural parturition.

On this canon should be read the extensive treatment of Asseman (Bib. Juris Orient., Tom. 5,, pp. 193 et seqq).

Canon LXXX.

IF any bishop, or presbyter, or deacon, or any of those who are enumerated in the list of the clergy, or a layman, has no very grave necessity nor difficult business so as to keep him from church for a very long time, but being in town does not go to church on three consecutive Sundays—three weeks—if he is a cleric let him be deposed, but if a layman let him be cut off.
Notes.

Ancient Epitome of Canon LXXX.


If anyone without the constraint of necessity leaves his church for three Lord’s days, he shall be deprived of communion.

This is a renewal of canon 11,of Sardica (xiv. according to the numbering of Dionysins Exiguus).

Canon LXXXI.

Whereas we have heard that in some places in the hymn Trisagion there is added after “Holy and Immortal,” “Who was crucified for us, have mercy upon us,” and since this as being alien to piety was by the ancient and holy Fathers cast out of the hymn, as also the violent heretics who inserted these new words were cast out of the Church; we also, confirming the things which were formerly piously established by our holy Fathers, anathematize those who after this present decree allow in church this or any other addition to the most sacred hymn; but if indeed he who has transgressed is of the sacerdotal order, we command that he be deprived of his priestly dignity, but if he be a layman or monk let him be cut off.
Notes.

Ancient Epitome of Canon LXXXI.


Whoever adds to the hymn Trisagion these words “Who wast crucified” shall be deemed heterodox.

The addition of the phrase condemned by this canon was probably made first by Peter Fullo, and although indeed it was capable of a good meaning, if the whole hymn was understood as being addressed to Christ, and although this was admitted by very many of the orthodox, yet as it was chiefly used by the Monophysites and with an undoubtedly heretical intention, it was finally ousted from this position and its adherents were styled Theopaschites. From all this it came about that by 518 it was a source of disagreement amongthe Catholics, some affirming the expression,as looked at by itself, to be a touchstone oforthodoxy. The Emperor Justinian tried to, have it approved by Pope Hormisdas, but unsuccessfully, the pontiff only declaring that it was unnecessary, and even dangerous. Fulgentius of Ruspe and Dionysius Exiguus had declared it orthodox. Pope Jn II. almostcame to the point of approving the phrase“one of the Trinity suffered,” nor did his successor Agapetus I. speak any more definitely on the point, but the Fifth Ecumenical Council directly approved the formula.

But this, of course. did not touch the point of its introduction into the Trisagion or, more accurately, of the introduction of the words “who was crucified for us.”

It should have been noted that at a Home Synod in 478, Peter Fullo had been deposed for the insertion of this clause, because he intended to imply that the true God had suffered death upon the cross. This sentence was a confirmation of one already pronounced against him by a synod held at Antioch which had raised a man, Stephen by name, to its episcopal throne.

Such is the history of a matter which, while it seemed at first as of little moment, yet for many years was a source of trouble in the Church. (Vide Hefele, History of the Councils, Vol. III., pp. 454, 457; Vol. IV., p. 26).

Canon LXXXII.

IN some pictures of the venerable icons, a lamb is painted to which the Precursor points his finger, which is received as a type of grace, indicating beforehand through the Law, our true Lamb, Christ our God. Embracing therefore the ancient types and shadows as symbols of the truth, and patterns given to the Church, we prefer “grace and truth,” receiving it as the fulfilment of the Law. In order therefore that “that which is perfect” may be delineated to the eyes of all, at least in coloured expression, we decree that the figure in human form of the Lamb who taketh away the sin of the world, Christ our God, be henceforth exhibited in images, instead of the ancient lamb, so that all may understand by means of it the depths of the humiliation of the Word of God, and that we may recall to our memory his conversation in the flesh, his passion and salutary death, and his redemption which was wrought for the whole world.
Notes.

Ancient Epitome of Canon LXXXII.


Thou shalt not paint a lamb for the type of Christ, but himself.

As from this canon, a century earlier than the iconoclastic controversy, the prevalence of pictures is evident, so from the canon of the same synod with regard to the veneration due to the image of the cross (number lxxiii)., we learn that the teaching of the Church with regard to relative worship was the same as was subsequently set forth, so that the charge of innovating, sometimes rashly brought against the Seventh Ecumenical Council, has no foundation in fact whatever.

This canon is further interesting as being the one cited by more than one Pope and Western Authority as belonging to “the Sixth Synod.”

Canon LXXXIII.

No one may give the Eucharist to the bodies of the dead; for it is written “Take and eat.” But the bodies of the dead can neither “take” nor “eat.”
Notes.

Ancient Epitome of Canon LXXXIII.


The Sacraments must not be given to a dead body.

This is canon 4,of the Council of Hippo, in the year 393. (Vide Hefele, Vol. II, p. 397). The earlier canon includes baptism also, in its prohibition. This is canons 18,and 20,of the African code, according to the Greek numbering).

Canon LXXXIV.

Following the canonical laws of the Fathers, we decree concerning infants, as often as they are found without trusty witnesses who say that they are undoubtedly baptized; and as often as they are themselves unable on account of their age to answer satisfactorily in respect to the initiatory mystery given to them; that they ought without any offence to be baptized, lest such a doubt might deprive them of the sanctification ofsuch a purification.
Notes.

Ancient Epitome of Canon LXXXIV.


Whoever do not know nor can prove by documents that they have been baptized, let them be christened.

This is canon VII., of the Sixth Council of Carthage, (Vide Hefele, Hist. of the Councils, Vol. II., p. 424); and Canon lxxv., of the African code (to which Balsam on attributes this canon), by the Greek numbering, (lxxii. by the Latin).

Canon LXXXV.

WE have received from the Scriptures that in the mouth of two or three witnesses every word shall be established. Therefore we decree that slaves who are manumitted by their masters in the presence of three witnesses shall enjoy that honour; for they being present at the time will add strength and stability to the liberty given, and they will bring it to pass that faith will be kept in those things which they now witness were done in their presence.



Ancient Epitome of Canon LXXXV.

A slave manumitted by his master before two witnesses shall be free.

Canon LXXXVI.

Those who to the destruction of their own souls procure and bring up harlots, if they be clerics, they are to be [cut off and] deposed, if laymen to be cut off.
Notes.

Ancient Epitome of Canon LXXXVI.


Whoever gathers together harlots to the ruin of souls, shall be cut off.

The brackets enclose the reading of Hervetus. But Zonaras had this same text, and therefore it may be safely followed instead of that of Balsamon, as edited by Beveridge.

Canon LXXXVII.

She who has left her husband is an adulteress if she has come to another, according to the holy and divine Basil, who has gathered this most excellently from the prophet Jeremiah: “If a woman has become another man’s, her husband shall not return to her, but being defiled she shall remain defiled;” and again, “He who has an adulteress is senseless and impious.” If therefore she appears to have departed from her husband without reason, he is deserving of pardon and she of punishment. And pardon shall be given to him that he may be in communion with the Church. But he who leaves the wife lawfully given him, and shall take another is guilty of adultery by the sentence of the Lord. And it has been decreed by our Fathers that they who are such must be “weepers” for a year, “hearers” for two years, “prostrators” for three years, and in the seventh year to stand with the faithful and thus be counted worthy of the Oblation [if with tears they do penance.]
Notes.

Ancient Epitome of Canon LXXXVII.


She who goes from her husband to another man is an adulteress. And he who from his wife goes to another woman is an adulterer according to the word of the Lord.Compare with this canon lviij. of St. Basil.The words in brackets are found in Beveridge,but were lacking in Hervetus’s text.



Johnson.

Here discipline is relaxed; formerly an adulteress did fifteen years’ penance. See Can. Bas., 58. No wonder if in 200 years’ time from St. Basil, the severity of discipline was abated.

Canon LXXXVIII.

No one may drive any beast into a church except perchance a traveller, urged thereto by the greatest necessity, in default of a shed or resting-place, may have turned aside into said church. For unless the beast had been taken inside, it would have perished, and he, by the loss of his beast of burden, and thus without means of continuing his journey, would be in peril of death. And we are taught that the Sabbath was made for man: wherefore also the safety and comfort of man are by all means to be placed first. But should anyone be detected without any necessity such as we have just mentioned, leading his beast into a church, if he be a cleric let him be deposed, and if a layman let him be cut off.



Ancient Epitome of Canon LXXXVIII.

Cattle shall not be led into the holy halls, unless the greatest necessity compels it.

Canon LXXXIX.

The faithful spending the days of the Salutatory Passion in fasting, praying and compunction of heart, ought to fast until the midnight of the Great Sabbath: since the divine Evangelists, Matthew and Luke, have shewn us how late at night it was [that the resurrection took place], the one by using the words oY sabbatwn, and the other by the words orqrou baqeo"



Ancient Epitome of Canon LXXXIX.

On the Great Sabbath the fast must be continued until midnight.

Canon XC.

WE have received from our divine Fathers the canon law that in honour of Christ’s resurrection, we are not to kneel on Sundays. Lest therefore we should ignore the fulness of this observance we make it plain to the faithful that after the priests have gone to the Altar for Vespers on Saturdays (according to the prevailing custom) no one shall kneel in prayer until the evening of Sunday, at which time after the entrance for compline, again with banded knees we offer our prayers to the Lord. For taking the night after the Sabbath, which was the forerunner of our Lord’s resurrection, we begin from it to sing in the spirit hymns to God, leading our feast out of darkness into light, and thus during an entire day and night, we celebrate the Resurrection.
Notes.

Ancient Epitome of Canon XC.


From the evening entrance of the Sabbath until the evening entrance of the Lord’s day there must be no kneeling.



Van Espen.

No doubt the synod by the words “we have received from the divine Fathers,” referred to canon 20,of the Council of Nice).

For many centuries this custom was preserved even in the Latin Church; and the custom of keeping feasts and whole days generally from evening to evening is believed to have been an Apostolic tradition, received by them from the Jews. At the end of the VIIIth Century the Synod of Frankfort declared in its xxj. canon, that “the Lord’s day should be kept from evening to evening.”1

Canon XCI.

Those who give drugs for procuring abortion, and those who receive poisons to kill the foetus, are subjected to the penalty of murder.
Notes.

Ancient Epitome of Canon XCI.


Whoever gives or receives medicine to produce abortion is a homicide,

See Canon XXI. of Ancyra, and Canon II. of St. Basil; to wit, “She who purposely destroys the foetus, shall suffer the punishment of murder. And we pay no attention to the subtile distinction as to whether the foetus was formed or unformed. And by this not only is justice satisfied for the child that should have been born, but also for her who prepared for herself the snares, since the women very often die who make such experiments.”

Canon XCII.

The holy synod decrees that those who in the name of marriage carry off women and those who in any way assist the ravishers, if they be clerics, they shall lose their rank, but if they be laymen they shall be anathematized.
Notes.

Ancient Epitome of Canon XCII.


Those who run away with women, and those who assist and give a hand, if they be clerics they shall be deposed, if laymen they shall be anathomatized.



Van Espen.

This canon simply renews and confirms Canon xxvij of Chalcedon.

Canon XCIII.

IF the wife of a man who has gone away and does not appear, cohabit with another before she is assured of the death of the first, she is an adulteress. The wives of soldiers who have married husbands who do not appear are in the same case; as are also they who on account of the wanderings of their husbands do not wait for their return. But the circumstance here has some excuse, in that the suspicion of his death becomes very great. But she who in ignorance has married a man who at the time was deserted by his wife, and then is dismissed because his first wife returns to him, has indeed committed fornication, but through ignorance; therefore she is not prevented from marrying, but it is better if she remain as she is. If a soldier shall return after a long time, and find his wife on account of his long absence has been united to another man, if he so wishes, he may receive his own wife [back again], pardon being extended in consideration of their ignorance both to her and to the man who took her home in second marriage.
Notes.

Ancient Epitome of Canon XCIII.


A woman who when her husband does not turnup, before she is certain he is dead, takes another commits adultery. But when the man returns he may receive her again, if he so elects.

Compare in the Corpus Juris Canonici, Gratian’s Decretum, Pars II., Causa xxxiv., Quaest. I. and II. Epistle of St Leo to Nicetas. Also compare of St. Basil’s canon’s xxxj., xxxvj., and xlvj).

Canon XCIV.

The canon subjects to penalties those who take heathen oaths, and we decree to them excommunication.
Notes.

Ancient Epitome of Canon XCIV.


Whoever uses Gentile oaths, is worthy of punishment, for he is cut off.

The reference is to canon lxxxj. of St. Basil’s canons.



Van Espen.

Tertullian (De Idolatria, cap. xx). supposes that to swear by the false gods of the Gentiles, contains in itself some idolatry, an opinion shared by St. Basil, comparing those using such oaths with them who betrayed Christ, and who are partakers of the talk of devils.

Canon XCV.

Those who from the heretics come over to orthodoxy, and to the number of those who should be saved, we receive according to the following order and custom. Arians, Macedonians, Novatians, who call themselves Cathari, Aristeri, and Testareskaidecatitae, or Tetraditae, and Apollinarians, we receive on their presentation of certificates and on their anathematizing every heresy which does not hold as does the holy Apostolic Church of God: then first of all we anoint them with the holy chrism on their foreheads, eyes, nostrils, mouth and ears; and as we seal them we say— “The seal of the gift of the Holy Ghost.”

But concerning the Paulianists it has been determined by the Catholic Church that they shall by all means be rebaptized. The Eunomeans also, who baptize with one immersion; and the Montanists, who here are called Phrygians; and the Sabellians, who consider the Son to be the same as the Father, and are guilty in certain other grave matters, and all the other heresies—for there are many heretics here, especially those who come from the region of the Galatians—all of their number who are desirous of coming to the Orthodox faith, we receive as Gentiles. And on the first day we make them Christians, on the second Catechumens, then on the third day we exorcise them, at the same time also breathing thrice upon their faces and cars; and thus we initiate them, and we make them spend time in church and hear the Scriptures; and then we baptize them.

And the Manichaeans, and Valentinians and Marcionites and all of similar heresies must give certificates and anathematize each his own heresy, and also Nestorius, Eutyches, Dioscorus, Severus, and the other chiefs of such heresies, and those who think with them, and all the aforesaid heresies; and so they become partakers of the holy Communion.
Notes.

Ancient Epitome of Canon XCV.


Thus we admit those converted from the heretics. We anoint with the holy chrism, upon the brow, eyes, nostrils, mouth, and ears, Arians, Macedonians, Novatians (who are called Cathari), Aristerians (who are called Quartadecimans or Tetraditae), and Apollinarians when they anathematize every heresy; and sign them with the cross as we say, “The Seal of the gift of the Holy Ghost. Amen.”

Compare with this Canon 7,of Laodicea, and the so-called vijth. canon of the First Council of Constantinople.

The text I have translated is that ordinarily given, I now present to the reader Hefele’s argument for its worthlessness.



Heffle.

This text is undoubtedly false, for (a) the baptism of the Gnostics was, according to the recognized ecclesiastical principle, invalid, and a Gnostic coming into the Church was required to be baptized anew; (b) besides, it would have us first to require of a Gnostic an anathema on Nestorius, Eutyches, etc. More accurate, therefore, is the text, as it is given by Beveridge, and as Balsamon had it, to the effect that: “In the same way (as the preceding) are the Munichaeans, Valentinians, Marcionites, and similar heretics to be treated (i.e., to be baptized anew); but the Nestorians must (merely) present certificates, and anathematize their heresy. Nestortius, Eutyches, etc.” Here we have only this mis- take, that the Nestorians must anathematize, among others, also Eutyches, which they would certainly have done very willingly. At the best, we must suppose that there is a gap in the text, and that after, “all of similar heresies,” we must add “the later heretics must present certificates and anathematize Nestorius, Eutyches, etc.”

There seems but little doubt that whatever may be the truth in the matter, the early theologians and fathers held that even though the external rite of Holy Baptism might be validly performed by schismatics and heretics, yet that by it the person so baptized did not receive the Holy Ghost, and this opinion was not confined to the East, but was also prevalent in the West. Vide Rupertus, De Divinis Officiis, Lib. X., Cap. xxv.

Canon XCVI.

Those who by baptism have put on Christ have professed that they will copy his manner of life which he led in the flesh. Those therefore who adorn and arrange their hair to the detriment of those who see them, that is by cunningly devised intertwinings, and by this means put a bait in the way of unstable souls, we take in hand to cure paternally with a suitable punishment: training them and teaching them to live soberly, in order that having laid aside the deceit and vanity of material things, they may give their minds continually to a life which is blessed and free from mischief, and have their conversation in fear, pure, [and holy1 ]; and thus come as near as possible to God through their purity of life; and adorn the inner man rather than the outer, and that with virtues, and good and blameless manners, so that they leave in themselves no remains of the left-handedness of the adversary.But if any shall act contrary to the present canon let him be cut off.
Notes.

Ancient Epitome of Canon XCVI.


Whoever twist up their hair into artistic plaits for the destruction of the beholders are to be cut off.

For the intricate manner of dressing the hair used in the East, and for a description of the golden dye, see the scholion of Zonaras. Van Espen remarks that the curious care for somebody else’s hair in the form of wigs, so prevalent with many laymen and ecclesiastics of his day, is the same vice condemned by the canon in another shape.2

Canon XCVII.

Those who have commerce with a wife or in any other manner without regard thereto make sacred places common, and treat them with contempt and thus remain in them, we order all such to be expelled, even from the dwellings of the catechumens which are in the venerable temples. And if any one shall not observe these directions, if he be a cleric let him be deposed, but if a layman let him be cut off.
Notes.

Ancient Epitome of Canon XCVII.


Whoever in a temple has commerce with his wife and remains there out of contempt, shall be expelled even from the Catechumens. If any one shall not observe this he shall be deposed or cut off.



Zonaras.

In the name of holy places, not the church itself but the adjoining and dependent buildings are intended such as those which are called the “Catechumena.” For no one would be audacious enough to wish to cohabit with his wife in the very temple itself.

Canon XCVIII.

HE who brings to the intercourse of marriage a woman who is betrothed to another man who is still alive, is to lie under the charge of adultery).
Notes.

Ancient Epitome of Canon XCVIII.


(He is an adulterer who takes one espoused to some one else.

Aristenus’s commentary on this canon is Safh". A more extraordinary estimate of it could hardly be made. So far from the meaning being “perspicuous,” as the Latin translation has it, the meaning seems to be past finding out; for, as Van Espen remarks, a man who sins with a betrothed woman is certainly not an “adulterer.” He tries therefore to introduce the idea that though he is not an adulterer, yet he is to be punished as if he were. But the Greek hardly seems patient of this meaning, and the Ancient Epitome says in so many words that he is an adulterer.

On account of this difficulty some have supposed that the espousals here mentioned were not de futuro but de proesenti, and that therefore it was the case of stealing a real wife of another man. But this explanation also is involved in many difficulties.

Canon XCIX.

WE have further learned that, in the regions of the Armenians, certain persons boil joints of meat within the sanctuary and offer portions to the priests, distributing it after the Jewish fashion. Wherefore, that we may keep the church undefiled, we decree that it is not lawful for any priest to seize the separate portions of flesh meat from those who offer them, but they are to be content with what he that offers pleases to give them; and further we decree that such offering be made outside the church. And if any one does not thus, let him be cut off.
Notes.

Ancient Epitome of Canon XCIX.


There are some who like the Jews cook meat in the holy places. Whoever permits this, or receives aught from them, is not fit to be priest. But if any one should of his own free choice offer it, then he might receive as much as the offerer chose to give him, provided the offer were made outside the church.

A similar Judaizing superstitious custom was also found in the West, of which Walafrid Strabo gives an account in the IX. Century (De Rebus Ecclesiasticis, cap. xviii)..

Canon C.

“Let thine eyes behold the thing which is right,” orders Wisdom, “and keep thine heart with all care.” For the bodily senses easily bring their own impressions into the soul. Therefore we order that henceforth there shall in no way be made pictures, whether they are in paintings or in what way so ever, which attract the eye and corrupt the mind, and incite it to the enkindling of base pleasures.And if any one shall attempt to do this he is to be cut off.





Ancient Epitome of Canon C.

Pictures which induce impurity are not to be painted. Whoso shall transgress shall be cut off.

Canon CI.

The great and divine Apostle Paul with loud voice calls man created in the image of God, the body and temple of Christ. Excelling, therefore, every sensible creature, he who by the saving Passion has attained to the celestial dignity, eating and drinking Christ, is fitted in all respects for eternal life, sanctifying his soul and body by the participation of divine grace. Wherefore, if any one wishes to be a participator of the immaculate Body in the time of the Synaxis, and to offer himself for the communion, let him draw near, arranging his hands in the form of a cross, and so let him receive the communion of grace. But such as, instead of their hands, make vessels of gold or other materials for the reception of the divine gift, and by these receive the immaculate communion, we by no means allow to come, as preferring inanimate and inferior matter to the image of God. But if any one shall be found imparting the immaculate Communion to those who bring vessels of this kind, let him be cut off as well as the one who brings them.
Notes.

Ancient Epitome of Canon CI.


Whoever comes to receive the Eucharist holds his hands in the form of a cross, and takes it with his mouth; whoever shall prepare a receptacle of gold or of any other material instead of his hand, shall be cut off.



Balsamon.

At first, perchance, this was invented from pious feelings, because the hand which came in contact with base and unworthy things was not worthy to receive the Lord’s body, but, as time went on, piety was turned to the injury of the soul, so that those who did this when they came to receive with an arrogant and insolent bearing, were preferred to the poor.



St. Cyril of Jerusalem.

(Cateches. Mystagog. 5,1 )

When thou goest to receive communion go not with thy wrists extended, nor with thy fingers separated, but placing thy left hand as a throne for thy right, which is to receive so great a King, and in the hollow of the palm receive the body of Christ, saying, Amen.

Vide also St. Jn Damascene, De Fide Orthodoxa, Lib. iv., cap. xiv. On the whole matter cf. Card. Bona, De Rebus Lit., Lib. ii., cap. xvij., n. 3.

Canon CII.

IT behoves those who have received from God the power to loose and bind, to consider the quality of the sin and the readiness of the sinner for conversion, and to apply medicine suitable for the disease, lest if he is injudicious in each of these respects he should fail in regard to the healing of the sick man. For the disease of sin is not simple, but various and multiform, and it germinates many mischievous offshoots, from which much evil is diffused, and it proceeds further until it is checked by the power of the physician. Wherefore he who professes the science of spiritual medicine ought first of all to consider the disposition of him who has sinned, and to see whether he tends to health or (on the contrary) provokes to himself disease by his own behaviour, and to look how he can care for his manner of life during the interval. And if he does not resist the physician, and if the ulcer of the soul is increased by the application of the imposed medicaments, then let him mete out mercy to him according as he is worthy of it. For the whole account is between God and him to whom the pastoral rule has been delivered, to lead back the wandering sheep and to cure that which is wounded by the serpent; and that he may neither cast them down into the precipices of despair, nor loosen the bridle towards dissolution or contempt of life; but in some way or other, either by means of sternness and astringency, or by greater softness and mild medicines, to resist this sickness and exert himself for the healing of the ulcer, now examining the fruits of his repentance and wisely managing the man who is called to higher illumination. For we ought to know two things, to wit, the things which belong to strictness and those which belong to custom, and to follow the traditional form in the case of those who are not fitted for the highest things, as holy Basil teaches us.



Ancient Epitome of Canon CII.

The character of a sin must be considered from all points and conversion expected. And so let mercy be meted out).
The Canons of the Synods of Sardica, Carthage, Constantinople, and Carthage

Under St. Cyprian,


Which Canons Were Received by the Council in Trullo and Ratified by II. Nice).
Introductory Note.


I have placed the canons of Sardica and those of Carthage and those of the Council held at Constantinople under Nectarius and Theophilus, and that of the Council of Carthage under St. Cyprian, immediately after the Council in Trullo, because in file second canon of that synod they are for the first time mentioned by name as being accepted by the Universal Church).
The Council of Sardica.

a.d. 343 OR 344.

Emperors.—Constantius And Contans.

Pope.—Julius I.


Elenchus.
Introduction on the Date of the Council.


(Hefele, Hist. Councils, Vol. II., pp. 86 et seqq).

Our inquiries concerning the Synod of Sardica must begin with a chronological examination of the date of this assembly. Socrates and Sozomen place it expressly in the year 347 a.d., with the more precise statement that it was held under the Consuls Rufinus and Eusebius in the eleventh year after the death of Constantine the Great, therefore after the 22d of May, 347, according to our way of reckoning.

This was the most general view until, rather more than a hundred years ago, the learned Scipio Maffei discovered at Verona, the fragment of a Latin translation of an old Alexandrian chronicle (the Historia Acephala), and edited it in the third volume of the Osservazioni Litterarii in 1738. This fragment contains the information that on the 24th Phaophi (October 21), under the Consuls Constantius IV. and Constans II., in the year 346, Athanasius had returned to Alexandria from his second exile. As it is universally allowed, however, as we shall presently show more clearly, that this return certainly only took place about two years after the Synod of Sardica, Mansi hence saw the necessity of dating this synod as early as the year 344. In this he is confirmed by St. Jerome, in the continuation of the Eusebian chronicle, who, in accordance with the Historia Acephala, has assigned the return of St. Athanasius to the tenth year of the reign of the Emperor Constantius, in 346.

Many learned men now followed Mansi, the greater number blindly; others, again, sought to contradict him, at first the learned Dominican, Mamachi; then Dr. Wetzer (Professor at Freiburg); and latterly, we ourselves in a treatise, “Controversen aber die Synode von Sardika,” in the Tubinger Theol. Quartalschrift, 1852. Soon after there was a fresh discovery. Some of the Paschal Letters of St. Athanasius, which until then were supposed to be lost, were discovered in an Egyptian monastery, with a very ancient preface translated into Syriac, and were published in that language by Cureton in London, and in the year 1852 in German by Professor Larsow, at the Grey Friars Convent, in Berlin.

Among these Festal Letters, the nineteenth, intended for Easter 347, and therefore composed in the beginning of that year, had been rewritten in Alexandria, as the introduction expressly states. This confirms the statement of the Historia Acephala, that Athanasius was already returned to Alexandria in October, 346, and confirms the chief points of Mansi’s hypothesis; while, on the other hand, it unanswerably refutes, by Athanasius’ own testimony, the statements of Socrates and Sozomen (which, from their dependence on each other, only count as one), with reference to the date 347.

As we said, Mansi placed this Synod in the year 344; but the old preface to the Festal Letters of St. Athanasius dates it in the year 343, and in fact we can now only hesitate between the dates 343 and 344. If the preface were as ancient and as powerfully convincing as the Festal Letters themselves, then the question concerning the date of the Council of Sardica would be most accurately decided. As, however, this preface contains mistakes in several places, especially chronological errors—for instance, regarding the death of Constantine the Great—we cannot unconditionally accept its statement as to the date 344, but can only do so when it corresponds with other dates concerning that time.

Let us, at all events, assume that Athanasius came to Rome about Easter, 340. As is known, he was there for three whole years, and in the beginning of the fourth year was summoned to the Emperor Constans at Milan. This points to the summer of 343. From thence he went through Gaul to Sardica, and thus it is quite possible that that Synod might have begun in the autumn of 343. It probably lasted, however, until the spring; for when the two envoys, Euphrates of Cologne, and Vincent of Capua, who were sent by the Synod to the Emperor Constans, arrived in Antioch, it was already Easter 344. Stephen, the bishop of the latter city, treated them in a truly diabolical manner; but his wickedness soon became notorious, and a synod was established, which deposed him after Easter 344. Its members were Eusebians, who therefore appointed Leontius Castratus as Stephen’s successor, and it is indeed no other than this assembly which Athanasius has in mind, when he says it took place three years after the Synod in Encoeniis, and drew up a very explicit Eusebian confession of faith, the makrostiko".

The disgraceful behaviour of Bishop Stephen of Antioch for some time inclined the Emperor to place less confidence in the Arian party, and to allow Athanasius’s exiled clergy to return home in the summer of 344. Ten months later, the pseudo-bishop, Gregory of Alexandria, died (in June, 345), and Constantius did not permit any fresh appointment to the see of Alexandria, but recalled St. Athanasius by three letters, and waited for him more than a year. Thus the see of Alexandria remained unoccupied for more than a year, until the last six months of 346. At length, in October, 346, Athanasius returned to his bishopric.

We see then that by accepting the distinct statements of the Paschal Letters of St. Athanasius and the preface, we obtain a satisfactory chronological system in which the separate details cohere well together, and which thus recommends itself. One great objection which we formerly raised ourselves against the date 344 can now be solved. It is certainly true that in 353 or 354 Pope Librius wrote thus: “Eight years ago the Eusebian deputies, Eudoxius and Martyrius (who came to the West with the formula makrostiko"), refused to anathematize the Arian doctrine at Milan.” But the Synod of Milan here alluded to, and placed about the year 345, was not, as we before erroneously supposed, held before the Synod of Sardica, but after it. We are somewhat less fortunate as regards another difficulty. The Eusebians assembled at Philippopolis (the pseudo-synod of Sardica) say, in their synodal letter: “Bishop Asclepas of Gaza was deposed from his bishopric seventeen years ago.” This deposition occurred at an Antiochian synod. If we identified this synod with the well-known one of 330, by which Eustathius of Antioch also was overthrown, we should, reckoning the seventeen years, have the year 346 or 347, in which to place the writing of the Synodal Letter of Philippopolis, and therefore the Synod of Sardica. There are, however, two ways of avoiding this conclusion, either we must suppose that Asclepas has been already deposed a year or so before the Antiochian Synod of 330; or that the statement as to the number seventeen in the Latin translation of the Synodal Letter of Philippopolis (for we no longer possess the original text) is an error or slip of the pen. But in no case can this Synodal Letter alter the fact that Athanasius was again in Alexandria when he composed his Paschal Letter for the year 347, and that the Synod of Sardica must therefore have been held several years before.
Note on the Text of the Canons.


The Canons of Sardica have come down to us both in Greek and Latin, and some writers such as Richer (Histoire Conc. Generale, Tom. i., p. 98), have been of opinion that the Latin text alone was the original, while others, such as Walch (Gesch. der Kirchenvers., p. 179), have arrived at a directly opposite conclusion. Now, however, chiefly owing to the investigations of the Ballerini and of Spittler, the unanimous opinion of scholars—so says Hefele—is that the canons were originally drawn up in both languages, intended as they were for both Latins and Greeks. I may perhaps remind the reader that in many Western collections of canons the canons of Sardica immediately follow those of Nice without any break, or note that they were not enacted at that council. It will also be well to bear in mind that they were received by the Greeks as of Ecumenical authority by the Council in Trullo, and as such are contained in the body of the Greek Canon Law.

I have provided the reader with a very accurate translation of each text).
The Canons of the Council of Sardica.


The holy synod assembled in Sardica from various provinces decreed as follows.

(Found in Greek in Jn of Constantinople’s collection of the sixth century and several other mss. Found also in the works of the Greek scholiasts.Found in Latin in the Prisca, in Dionysius Exiguus, and in Isidore, genuine and false).

Canon I.
 (Greek).


Hosius, bishop of the city of Corduba, said: A prevalent evil, or rather most mischievous corruption must be done away with from its very foundations. Let no bishop be allowed to remove from a small city to a different one: as there is an obvious reason for this fault, accounting for such attempts; since no bishop could ever yet be found who endeavoured to be translated from a larger city to a smaller one. It is therefore evident that such persons are inflamed with excessive covetousness and are only serving ambition in order to have the repute of possessing greater authority. Is it then the pleasure of all that so grave an abuse be punished with great severity? For I think that men of this sort should not be admitted even to lay communion. All the bishops said: It is the pleasure of all.

 (Latin).

Bishop Hosius said: A prevalent evil and mischievous corruption must be done away with from its foundation. Let no bishop be allowed to remove from his own city to another. For the reason of such attempts is manifest, since in this matter no bishop has been found who would remove from a larger city to a smaller one. It is therefore evident that these men are inflamed with excess of covetousness, and are serving ambition and aiming at the possession of power. If it be the pleasure of all, let so great an evil be punished right harshly and sternly, so that he who is such shall not even be admitted to lay communion. All with one accord answered: Such is our pleasure.
Notes.

Ancient Epitome of Canon I.


NO bishop is to be found passing from a smaller to a greater city. If anyone should move from an humble to a more important see, he shall be excommunicated through his whole life as proud and grasping.





Van Espen.

(Dissert. in Synod. Sard.,II.1 )

What Peter de Marca says (De Concordia Sacerdotii et Imp., Lib. V., cap. iv)., “Hosius presided over” this council as legate of the Roman bishop, rests upon no solid foundation, and no trace of any such legation is found in Athanasius or in any of the otherwriters who treated of this synod. Moreover such a thing is contrary to the form of subscription used. For of those who signed the first is Hosius, and Athanasius designates him simply as “from Spain,” without any addition; and then next he mentions “Julius of Rome, by Archidamus and Philoxenus, his presbyters,” etc. What is clearer than that, by the testimony of Athanasius, Julius was present by these two presbyters only, and that they only were his legates or vicars, who in his room were present at this synod?

The first part of this canon is found in the Corpus Juris Canonici; Raymund’s Decretales, De Clericis non residentibus, Cap. ii.

Canon II.

(Greek).

Bishop Hosius said: But if any such person should be found so mad or audacious as to think to advance by way of excuse an affirmation that he had brought letters from the people [laity], it is plain that some few persons, corrupted by bribes and rewards, could have got up an uproar in the church, demanding, forsooth, the said man for bishop. I think then that practices and devices of such sort absolutely must be punished, so that a man of this kind be deemed unworthy even of lay communion in extremis. Do ye therefore make answer whether this sentence is approved by you.They [the bishops] answered: What has been said is approved of. (Latin).

Bishop Hosius said: Even if any such person should show himself so rash as perhaps to allege as an excuse and affirm that he has received letters from the people, inasmuch as it is evident that a few persons could have been corrupted by rewards and bribes—[namely] persons who do not hold the pure faith—to raise an uproar in the church, and seem to ask for the said man as bishop; I judge that these frauds must be condemned, so that such an one should not receive even lay communion at the last. If ye all approve, do ye decree it. The synod answered: We approve.
Notes.

Ancient Epitome of Canon IL.


If anyone shall pass from one city to another, and shall raise up seditions, tickling the people and be assisted by them in raising a disturbance, he shall not be allowed communion even when dying.



Van Espen.

To understand this canon aright it must be remembered that in the first ages of the Church the people were accustomed to have a share in the election of their bishop; and he whom the people demanded was usually ordained their bishop.



Aristenus.

This [penalty] is something unheard of and horrible, that he should not be deemed worthyof communion even at the hour of death; for it is a provision found nowhere else imposed by any canon, nor inflicted upon any sin.



Van Espen.

The Greek author Aristenus [in the above remarks] probably has not erred from the truth when he asserts that to no crime was this penalty attached, if he refers to the Eastern Churches; for Morinus himself (in the xixth chapter of the ixth book, De Penitentia), confesses that this penalty was never attached to any crime among the Easterns: nevertheless in some Churches in the first ages the three crimes of idolatry, murder, and adultery were thus punished: that is, that to those who admitted any one of these, reconciliation was denied even at his death, “and this,” says Morinus, “I think no one can deny, who is at all versed in the testimony of the ancients on this point.”



Hefele.

The addition in the Latin text, qui sinceram fidem non habent, is found both in Dionysius Exiguus and in Isidore and the Prisca, and its meaning is as follows: “In a town, some few, especially those who have not the true faith, can be easily bribed to demand this or that person as bishop.” The Fathers of Sardica plainly had here in view the Arians and their adherents, who, through such like machinations, when they had gained over, if only a small party in a town, sought to press into the bishoprics. The Synod of Antioch moreover, in 341, although the Eusebians, properly speaking, were dominant there, had laid down in the twenty-first canon a similar, only less severe, rule.

This canon is found in the Corpus Juris Canonici, Raymond’s Decretales, cap. if, De electione, but with the noteworthy addition “unless he shall have repented.” These words do not occur in the other Latin versions, and Hefele thinks them to have been added by Raymond of Pennaforte.

Canon III.

(Greek).

Bishop Hosius said: This also it is necessary to add,—that no bishop pass from his own province to another province in which there are bishops, unless indeed he be called by his brethren, that we seem not to close the gates of charity).

And this case likewise is to be provided for, that if in any province a bishop has some matter against his brother and fellow-bishop, neither of the two should call in as arbiters bishops from another province.

But if perchance sentence be given against a bishop in any matter and he supposes his case to be not unsound but good, in order that the question may be reopened, let us, if it seem good to your charity, honour the memory of Peter the Apostle, and let those who gave judgment write to Julius, the bishop of Rome, so that, if necessary, the case may be retried by the bishops of the neighbouring provinces and let him appoint arbiters; but if it cannot be shown that his case is of such a sort as to need a new trial, let the judgment once given not be annulled, but stand good as before. (Latin).

Bishop Hosius said: This also it is necessary to add,—that bishops shall not pass from their own province to another province in which there are bishops, unless perchance upon invitation from their brethren, that we seem not to close the door of charity.

But if in any province a bishop have a matter in dispute against his brother bishop, one of the two shall not call in as judge a bishop from another province.

But if judgment, have gone against a bishop in any cause, and he think that he has a good case, in order that the question may be reopened, let us, if it be your pleasure, honour the memory of St. Peter the Apostle, and let those who tried the case write to Julius, the bishop of Rome, and if he shall judge that the case should be retried, let that be done, and let him appoint judges; but if he shall find that the case is of such a sort that the former decision need not be disturbed, what he has decreed shall be confirmed. Is this the pleasure of all? The synod answered, It is our pleasure.
Notes.


Ancient Epitome OF Canon

 No bishop, unless called thereto, shall pass to another city. Moreover a bishop of the province who is engaged in any litigation shall not appeal to outside bishops. But if Rome hears the cause, even outsiders may be present.



Van Espen.

According to the reading of Dionysius and Isidore, as well as of the Greeks, Balsamon, Zonaras and Aristenus, as also of Hervetus the provision is that bishops of one province shall not pass to another in which there are Not bishops.



Zonaras.

Not only are bishops prohibited from changing their cities, and passing from a smaller to a larger one, but also from passing from one province to another in which there are bishops, for the sake of doing any ecclesiastical work there unless they are called by the bishops of that province.

On the phrase “if it pleases you” the following from St. Athanasius is much to the point (cit. by Pusey, Councils, p. 143). “They [i.e., the Council of Nice] wrote concerning Easter, ‘t seemed good’ as follows: for it did then seem good, that there should be a general compliance; but about the faith theywrote not ‘It seemed good,’ but ‘Thus believes the Catholic Church’ ; and thereupon they confessed how the faith lay, in order to shew that their sentiments were not novel, but apostolic.”



Tillemont.

This form is very strong to shew that it was a right which the Pope had not had hitherto.



Van Espen.

Peter de Marca (De Concordia Sacerdotii et Imperii, Lib. VII., Cap. iij., 8) says that Ho-sins here proposed to the fathers to honourthe memory of St. Peter that he might the more easily lead them to consent to this new privilege; for, as De Marca has proved, the right here bestowed upon the Roman Pontiff was clearly unknown before.

It has been urged that the mention of the pope by name, intimates clearly that the provision of these canons of an appeal to Rome was of a purely temporary character; and some famous authors such as Edmund Richer, of the Sorbonne, have written in defence of this view, but Hefele quotes with great force the words of the learned Protestant, Spittler (Critical Examination of the Sardican Decisions. Spittler, Sammtlichen Werken, P. viii., p. 129 sq).).



Spittler.

It is said that these Sardican decisions were simply provisional, and intended for the present necessity; because Athanasius, so hardly pressed by the Arians, could only be rescued by authorizing an appeal to the Bishop of Rome for a final judgment. Richer, in his History of the General Councils, has elaborately defended this opinion, and Horix also has declared in its favour. But would not all secure use of the canons of the councils be done away with if this distinction between provisional and permanent synodal decisions were admitted? Is there any sure criterion for distinguishing those canons which were only to be provisional, from the others which were made for all future centuries? The Fathers of the Synod of Sardica express themselves quite generally; is it not therefore most arbitrary on our part to insert limitations? It is beyond question that these decisions were occasioned by the very critical state of the affairs of Athanasius; but is everything only provisional that is occasioned by the circumstances of individuals? In this way the most important of the ancient canons might be set aside.



Hefele.

According to the Greek text, and that of Dionysius, those who had pronounced the first judgment were to write to Rome; and Fuchs rightly adds, that they were to do this at the desire of the condemned. But, according to Isidore and the Prisca, the right or the duty of bringing the affair before Rome, also belonged to the neighbouring bishops. I believe that the last interpretation has only arisen through a mistake, from a comment belonging to the next sentence being inserted in the wrong place. It only remains to be remarked here, that Isidore and the Prisca have not the name Julio, ... But Hardouin’s conjecture, that instead of Julio, perhaps illi may be read, is entirely gratuitous, contrary to the Greek text, and plainly only a stratagem against the Gallicans.

This canon is found in the Corpus Juris (Canonici, Gratian’s Decretum, Pars II., Causa VI., Quaest. iv., Canon j. 7, in Isidore’s version. Dionysius’s version is quite wrong as given by Justellus and in the Munich edition, changing the negative into the affirmative in the phrase ne unus de duobus.

Canon IV.

(Greek).

Bishop Gaudentius said: If it seems good to you, it is necessary to add to this decision full of sincere charity which thou hast pronounced, that1 if any bishop be deposed by the sentence of these neighbouring bishops, and assert that he has fresh matter in defence, a new bishop be not settled in his see, unless the bishop of Rome judge and render a decision as to this. (Latin).

Bishop Gaudentius said: It ought to be added, if it be your pleasure, to this sentence full of sanctity which thou hast pronounced, that—when any bishop has been deposed by the judgment of those bishops who have sees in neighbouring places, and he [the bishop deposed] shall announce that his case is to be examined in the city of Rome—that no other bishop shall in any wise be ordained to his see, after the appeal of him who is apparently deposed, unless the case shall have been determined in the judgment of the Roman bishop.
Notes.

Ancient Epitome of Canon IV.


If a bishop has been deposed and affirms that he has an excuse to urge, unless Rome has judged the case, no bishop shall be appointed in his room. For he might treat the decree with scorn either through his nuncios or by his letters.

There are two distinct understandings of this canon. The one view is that the“neighbours” of this canon are the same as the “neighbours” of the preceding canon (number iij). and that the meaning of this canon therefore is—If the court of second instance, correlating of the bishops of the neighbouring province, has pronounced the accused guilty, he still has one more appeal to a third court, viz., Rome. This is the view taken by the Greeks, Zonaras and Balsamon, by the Ballerini, Van Espen, Palrod, Walter, Natalis Alexander and many others.

In direct opposition to this is the view that there is no third but only a second appeal mentioned by the canon. The supporters of this interpretation are Peter de Marca, Tillemont, Dupin, Fleury, Remi Ceillier, Neander, Stolberg, Echhorn, Kober, and with these Hefele sides and states his reasons for doing so.



Hefele.

There must be added to the reasons of the connexion of this canon with the preceding, the course of events, etc.:

1. That it certainly would be very curious if in the third canon mention was made of the appeal to Rome as following the judgment of the court of first instance; in the fourth, after that of the court of second instance; and again in the fifth, after the judgment of the court of first instance.

2. That if the Synod had really intended to institute a court of third instance, it would have done so in clearer and more express terms, and not only have, as it were, smuggled in the whole point with the secondary question, as to “what was to be done with the bishop’s see.”

3. Farther, that it is quite devoid of proof that the expression “neighbouring bishops” is identical with “Bishops in the neighbourhood of the said Province,” that, indeed this identification is throughout unwarrantable and wrong, and it is far more natural to understand by the neighbouring bishops, the comprovincials, therefore the court of first instance.

4. That by this interpretation we obtain clearness, consistency, and harmony in all three canons.

5. That the word palin in the fourth canon presents no difficulty; for even one who has only been heard in the court of first instance may say he desires again to defend himself, because he has already made his first defence in the court of first instance.



Canon V.

(Greek).

Bishop Hosius said: Decreed, that if any bishop is accused, and the bishops of the same region assemble and depose him from his office, and he appealing, so to speak, takes refuge with the most blessed bishop of the Roman church, and he be willing to give him a hearing, and think it right to renew the examination of his case, let him be pleased to write to those fellow-bishops who are nearest the province that they may examine the particulars with care and accuracy and give their votes on the matter in accordance with the word of truth. And if any one require that his case be heard yet again, and at his request it seem good to move the bishop of Rome to send presbyters a latere, let it be in the power of that bishop, according as he judges it to be good and decides it to be right—that some be sent to be judges with the bishops and invested with his authority by whom they were sent. And be this also ordained. But if he think that the bishops are sufficient for the examination and decision of the matter let him do what shall seem good in his most prudent judgment.

 The bishops answered: What has been said is approved. (Latin).

Bishop Hosius said: Further decreed, that if a bishop is accused, and the bishops of that region assemble and depose him from his office, if he who has been deposed shall appeal and take refuge with the bishop of the Roman church and wishes to be given a hearing, if he think it right that the trial or examination of his case be renewed, let him be pleased to write to those bishops who are in an adjacent and neighbouring province, that they may diligently inquire into all the particulars and decide according to the word of truth. But if he who asks to have his case reheard, shall by his entreaty move the Bishop of Rome to send a presbyter a latere it shall be in the power of that bishop to do what he shall resolve and determine upon; and if he shall decide that some be sent, who shall be present and be judges with the bishops invested with his authority by whom they were appointed, it shall be as he shall choose. But if he believe that the bishops suffice to give a final decision, he shall do what he shall termine upon in his most wise judgment).
Notes.

Ancient Epitome of Canon V.


[Lacking.]This Canon is 7,of Isidore’s collection.



Van Espen.

Mere there is properly speaking no provision for “appeal,” which entirely suspends [i.e. by the canon law] the execution and effect of the first sentence; but rather for a revision of judgment ... .; those who were sent by the Roman bishop from his side (a latere) or the bishops wire were appointed, ought, together with the bishops of the province who had given the former sentence, to give a fresh judgment and declare their sentence. And this Hinemar of Rheinus was the first to notice in his letters in the name of Charles the Bald sent to Jn VIII.

This view is supported with his accustomed learning and acumen by Du Pin, De Antiqua Qo Disciplina, Diss. II., Cap. I., Sec. 3.

Canon VI.

(Greek).

Bishop Hosius said: If it happen that in a province in which there are very many bishops one bishop should stay away and by some negligence should not come to the council and assent to the appointment made by the bishops, but the people assemble and pray that the ordination of the bishop desired by them take place—it is necessary that the bishop who stayed away should first be reminded by letters from the exarch of the province (I mean, of course, the bishop of the metropolis), that the people demand a pastor to be given them. I think that it is well to await his [the absent bishop’s] arrival also. But if after summons by letter he does not come, nor even write in reply, the wish of the people ought to be complied with.

The bishops from the neighbouring provinces also should be invited to the ordination of the bishop of the metropolis.

It is positively not permitted to ordain a bishop in a village or petty town, for which even one single presbyter is sufficient (for there is no necessity to ordain a bishop there) lest the name and authority of bishop should be made of small account, but the bishops of the province ought, as before said, to ordain bishops in those cities in which there were bishops previously; and if a city should be found with a population so large as to be thought worthy of an episcopal see, let it receive one.Is this the pleasure of all? All answered: It is our pleasure. (Latin).

Bishop Hosius said: If it shall have happened, that in a province in which there have been very many bishops, one [i.e., but one] bishop remains, but that he by negligence has not chosen [to ordain] a bishop, and the people have made application, the bishops of the neighbouring province ought first to address [by letter] the bishop who resides in that province, and show that the people seek a ruler [i.e., pastor] for themselves and that this is right, so that they also may come and with him ordain a bishop. But if he refuses to acknowledge their written communication, and leaves it unnoticed, and writes no reply, the people’s request should be satisfied, so that bishops should come from the neighbouring province and ordain a bishop.

But permission is not to be given to ordain a bishop either in any village, or in an unimportant city, for which one presbyter suffices, lest the name and authority of bishop grow cheap. Those [bishops] who are invited from another province ought not to ordain a bishop unless in the cities which have [previously] had bishops, or in a city which is so important or so populous as to be entitled to have a bishop.Is this the pleasure of all? The synod replied: It is our pleasure).



Ancient Epitome of Canon VI.

If the bishops were present when the people were seeking for a bishop, and one was away, let that one be called. Butt if he is willing to answer the call neither by letter nor in person, let him be ordained whom they desire.

When a Metropolitan is appointed the neighbouring bishops are to be sent for.

In a little city and town, for which one presbyter suffices, a bishop is not to be appointed. But if the city be very populous, it is not unfitting to do so.

The second portion of this canon is entirely lacking in the Latin. The Greek scholiasts, Zonaras, Balsamon, and Aristenus, understand this to mean “that ‘at the appointment of a metropolitan the bishops of the neighbouring provinces shall also be invited,’ probably to give greater solemnity to the act,” so says Hefele. And to this agree Van Espen, Tillemont, and Herbst.

The first part in the Greek and Latin have different meanings; the Greek text contemplating the case of one bishop stopping away from a meeting of bishops for an election to fill a vacancy; the Latin text the case of there being only one bishop left in a province (after war, pestilence, or the like). This second meaning is accepted by Van Espen, Christian Lupus and others. Moreover, it would seem from Flodoard’s History of the Church of Rheims (Geschichte der Rheimser Kirche, Lib. III., c. 20 [a book I have never seen]) that the Gallican Church acted upon this understanding of this canon. It is that also of Gratian.

Between the Latin and the Greek text stands the interpretation of Zonaras, which is that if a province once having many bishops has by any contingency only one left besides the Metropolitan, and he neglects to be present at the consecration of the new bishops, he is to be summoned by letter of the Metropolitan, and if he does not then come, the consecrations are to go on without him. With this explanation Harmenopulus also agrees, adding further that the Metropolitan might alone consecrate the bishops, resting his argument on the words to ikaun k.t.l.

Some scholars have supposed that neither the present Greek nor the present Latin text represent the original, but that the Greek text is nearest to it, but must be corrected by an ancient Latin version found by Maffei in a codex at Verona. The Ballerini have devoted careful attention to this point in their notes to the Works of St. Leo the Great (Tom. iii., p. xxxij. 4). It would seem that this might be the canon quoted by the fathers of Constantinople in 382, and if so, it would seem that they had a Greek text like that from which the Verona version was made.



Van Espen.

The fathers of Sardica [in the second part of this canon, which is Canon VII. by the Latin computation] decreed two things: first, that where the people justly asked for a Pastor to be ordained for them, their demand should be complied with; but where the people insisted upon having a bishop ordained for a village or little city, for which one presbyter was all that was needed, no attention should be paid to their demands, lest the name and authority of a bishop should become despicable.

This canon is found in the Corpus Juris Canonici, Gratian’s Decretum, P. I., Distinc. lxv., c. ix.

Canon VII.

(Greek).

Bishop Hosius said: Our importunity and great pertinacity and unjust petitions have brought it about that we do not have as much favour and confidence as we ought to enjoy. For many of the bishops do not intermit resorting to the imperial Court, especially the Africans, who, as we have learned from our beloved brother and fellow-bishop, Gratus, do not accept salutary counsels, but so despise them that one man carries to the Court petitions many and diverse and of no possible benefit to the Church, and does not (as ought to be done and as is fitting) assist and help the poor and the laity or the widows, but is intriguing to obtain worldly dignities and offices for certain persons. This evil then causes enfeeblement [better, murmuring (read tonqrusmon or tonqrusmon)], not without some scandal and blame to us. But I account it quite proper for a bishop to give assistance to one oppressed by some one, or to a widow suffering injustice, or, again, an orphan robbed of his estate, always provided that these persons have a just cause of petition.

If, then, beloved brethren, this seems good to all, do ye decree that no bishop shall go to the imperial Court except those whom our most pious emperor may summon by his own letters. Yet since it often happens that persons condemned for their offences to deportation or banishment to an island, or who have received some sentence or other, beg for mercy and seek refuge with the Church [i.e., take sanctuary], such persons are not to be refused assistance, but pardon should be asked for them without delay and without hesitation. If this, then, is also your pleasure, do ye all vote assent.

All gave answer: Be this also decreed. (Latin).

Bishop Hosius said: Importunities and excessive pertinacity and unjust petitions have caused us to have too little favour or confidence, while certain bishops cease not to go to the Court, especially the Africans, who (as we have learned) spurn and contemn the salutary counsels of our most holy brother and fellow-bishop, Gratus, so that they not only bring to the Court many and diverse petitions (not for the good of the Church nor, as is usual and right, to succour the poor or widows or orphans), but even seek to obtain worldly dignities and offices for certain persons. This evil therefore stirs up at times not only murmurings, but even scandals. But it is proper that bishops should intercede for persons suffering from violence and oppression, afflicted widows and defrauded orphans, provided, nevertheless, that these persons have a just cause or petition.

If, then, brethren dearly beloved, such be your pleasure, do we decree that no bishops go to the Court except those who may have been invited or summoned by letters of the God-fearing emperor. But since it often happens that those who are suffering from injustice or who are condemned for their offences to deportation or banishment to an island, or, in short, have received some sentence or other, seek refuge with the mercy of the Church, such persons should be succoured and pardon be begged for them without hesitation. Decree this, therefore, if it be your pleasure.

All said: It is our pleasure and be it decreed.
Notes.

Ancient Epitome of Canon VII.


When an orphan, widow, and other desolate persons are oppressed by force let the bishop give them succour and approach the Emperor; but through a pretext of this kind let him not be a hanger on of the camp, but rather let him send a deacon.



Van Espen.

The “salutary counsels” (salutaria consilia) here seem to be synodical admonitions, as Zonaras notes; and these might well be ascribed to Gratus, the bishop of Carthage, because many of the African synods were held under his presidency and direction.



Nothing is more noteworthy than how from the first princes summoned bishops in counsel with regard to affairs touching either the estate of the Church or of the Realm; andcalled them to their presence in urgent and momentous cases, and kept them with them.

Justinian, the emperor, in his Novels (Chapter II). defines that no one of the God-beloved bishops shall dare to be absent any more from his diocese for a whole year, and adds this exception, “unless he does so on account of an imperial jussio; in this case alone he shall be held to be without blame.”

 On this whole matter of bishops interceding for culprits, and especially for those condemned to death, see St. Augustine (Epist. 153 ad Macedonium).

 With this canon may be compared Canon VII. of the Council of Rheims in a.d. 630.

 This canon is found in part in the Corpus Juris Canonici, Gratian’s Decreturn, P. II., Causa xxiij., Quaest. viij., c. xxviij).

Canon VIII.

(Greek).

Bishop Hosius said: This also let your sagacity determine, that1 —inasmuch as this was decreed in order that a bishop might not fall under censure by going to the Court—that if any have such petitions as we mentioned above, they should send these by one of their deacons. For the person of a subordinate does not excite jealousy, and what shall be granted [by the Emperor] can thus be reported more quickly.All answered: Be this also decreed. (Latin).

Bishop Hosius said: This also your forethought should provide for—inasmuch as ye have made this decree in order that the audacity of bishops might not labour [or, be observed] to go to Court. Whosoever therefore shall have or receive petitions such as we have mentioned above, let them send these [each] by a deacon of his, because the person of a minister is not an object of jealousy, and he will be able to report more quickly what he has obtained.
Notes.

Ancient Epitome of Canon VIII.


[Lacking.]



Van Espen.

This decree is threefold. First, that the bishop in going to Court should not fall under suspicion either at Court or of his own people that he was approaching the Prince to obtain some cause of his own. Second, according to the interpretation of Zonaras, “that no one should be angry with the Minister or Deacon who tarried in camp, as the bishop had departed thence.” And third, that the Minister could carry away what he had asked for, that is (according to Zonaras), the letters of the Emperor pardoning the fault, or such like other matters.

Canon IX.

(Greek).

Bishop Hosius said: This also, I think, follows, that,1 if in any province whatever, bishops send petitions to one of their brothers and fellow-bishops, he that is in the largest city, that is, the metropolis, should himself send his deacon and the petitions, providing him also with letters commendatory, writing also of course in succession to our brethren and fellow-bishops, if any of them should be staying at that time in the places or cities in which the most pious Emperor is administering public affairs.

But if any of the bishops should have friends at the Court and should wish to make requests of them as to some proper object, let him not be forbidden to make such requests through his deacon and move these [friends] to give their kind assistance as his desire.

But those who come to Rome ought, as I said before, to deliver to our beloved brother and fellow-bishop, Julius, the petitions which they have to give, in order that he may first examine them, lest some of them should be improper, and so, giving them his own advocacy and care, shall send them to the Court.

All the Bishops made answer that such was their pleasure and that the regulation was most proper. (Latin).

This also seems to follow, that from whatever province bishops shall send petitions to that brother and fellow-bishop of ours who has his see in the metropolis, he [the metropolitan] should dispatch his deacon with the petitions, providing him with commendatory letters of like tenour to our brethren and fellow-bishops at that time resi- dent in those regions and cities in which the fortunate and blessed Emperor is ruling the State.

If however a bishop who seeks to obtain some petition (a worthy one, that is) has friends in the palace, he is not forbidden to make his request through his deacon and to advise those who, he knows, can kindly intercede for him in his absence.

X. But let those who come to Rome, deliver, as before said, to our most holy brother and follow-bishop, the bishop of the Roman church, the petitions which they bear, that he also may examine whether they are worthy and just, and let him give diligence and care that they be forwarded to the Court.

All said that such was their pleasure and that the regulation was proper.

Bishop Alypius said: If they have incurred the discomforts of travel for the sake of orphans and widows or any in distress and having cases that are not unjust, they will have some good reason [for their journey]; but now since they chiefly make requests which cannot be granted without envy and reproach, it is not necessary for them to go to Court.
Note.

Ancient Epitome of Canon IX.


If one brother sends to another, let the Metropolitan fortify the nuncio with letters; and let him write to the bishops, who have the matter in hand, to protect the nuncio.

Here the Latin is not only a translation but an interpretation of the Greek text, for it distinctly says that every bishop shall send the petition he intends to present at court first to his Metropolitan, who shah send it in. This is not clearly in the Greek, and yet the Greek Commentators find it there.



Christian Lupus.

The authority of the bishop alone is not sufficient to send a deacon to Court, there must be added the judgment of the Metropolitan who shah examine the petition, prove, sign, and commend it, not only to the Prince, but also to the bishop in whose diocese he may happen to be.



Hefele.

Zonaras, Balsamon, and Aristenus explained this canon somewhat differently, thus: “If a bishop desires to send his petitions addressed to the Emperor to the bishop of the town where the Emperor is staying, he shall first send them to the Metropolitan of that province (according to Aristenus, his own Metropolitan) and the latter shall send his own deacon with letters of recommendation to the bishop or bishops who may be at court.” This difference rests upon the various meanings of “to the brother and fellow-bishop” in the beginning of the canon. We understand by this his own Metropolitan, and treat the words: o en th meizoni k). t). l., as a more exact definition of “fellow-bishop,” and the participle tugkanwn as equivalent to tugkanei, and make the principal clause begin at auto" kai ton diakonon. Beveridge translated the canon in the same way. Zonaras and others, on the contrary, understood by “fellow-bishop,” the bishop of the Emperor’s residence for the time being, and regarded the words o en th meizoh k). t). l. not as a clearer definition of what had gone before, but as the principal clause, in the sense of “then the Metropolitan shall,” etc. According to this interpretation, the words conveying the idea that the bishop must have recourse to the Metropolitan are entirely wanting in the canon.

The first part of this Canon is the last part of Canon IX. of the Latin. The last part is Canon X. of the Latin, but the personal part about Alypius is omitted from the Greek.

Canon X.

(Greeks).

Bishop Hosius said: This also I think necessary.1 Ye should consider with all thoroughness and care, that if some rich man or professional advocate be desired for bishop, he be not ordained until he have fulfilled the ministry of reader, deacon, and presbyter, in order that, passing by promotion through the several grades, he may advance (if, that is, he be found worthy) to the height of the episcopate. And he shall remain in each order assuredly for no brief time, that so Iris faith, his reputable life, his steadfastness of character and considerateness of demeanour may be well-known, and that he, being deemed worthy of the divine sacerdotal office [sacerdotium, i.e., the episcopate] may enjoy the highest honour. For it is not fitting, nor does discipline or good conversation allow to proceed to this act rashly or lightly, so as to ordain a bishop or presbyter or deacon hastily; as thus he would rightly be accounted a novice, especially since also the most blessed Apostle, he who was the teacher of the Gentiles, is seen to have forbidden hasty ordinations; for the test of [even] the longest period will not unreasonably be required to exemplify the conversation and character of each [candidate].All said that this was their pleasure and that it must be absolutely irreversible. (Latin).

Bishop Hosius said: This also I think it necessary for you to consider most carefully, that if perchance some rich man or professional advocate or ex-official be desired for bishop, he be not ordained until he have fulfilled the ministry of a reader and the office of deacon and presbyter, and so ascend, if he have shown himself worthy, through the several grades to the height of the episcopate. For by these promotions which in any case take a considerable length of time can be tested his faith, his discretion, his gravity and modesty. And if he be found worthy, let him be honoured with the divine sacerdotal office [i.e. the episcopate]. For it is not fitting, nor does order or discipline allow, that one be rashly or lightly ordained bishop, presbyter or deacon, who is a novice, especially since also the blessed Apostle, the teacher of the Gentiles, is seen to have expressly forbidden it. But those [should be ordained] whose life has been tested and their merit approved by length of time.

All said that this was their pleasure.
Notes.

Ancient Epitome of Canon X.


No lawyer, teacher, or gentleman (plousio") shall be made a bishop without passing through the holy orders. Nor shall the space of time between the orders be made too brief, that there may be a better proof of his faith and good conversation. For otherwise he is a neophyte.

This is Canon XIII. of Dionysius, Isidore, and the Prisca.



Van Espen.

By Scholasticus de foro [“professional advocate”] must be understood an eloquent pleader of difficult causes, who being bound up in forensic disputes and strifes, may be presumed to be little fitted for the priesthood, and therefore to need a more strict examination.

The Synodal approbation is lacking in Dionysius as given by Justellus, as well as in that of the Roman Code, but is found in Labbe’s reprint of Dionysius and Isidore.

This Canon is found in the Corpus Juris Canonici, Gratian’s Decretum, P. I., Dist. lxj., c. x.

Canon XI.

(Greek).

Bishop Hosius said: This also we ought to decree, that1 when a bishop comes from one city to another city, or from one province to another province, to indulge boastfulness, ministering to his own praises rather than serving religious devotion, and wishes to prolong his stay [in a city], and the bishop of that city is not skilled in teaching, let him [the visiting bishop] not do despite to the bishop of the place and attempt by frequent discourses to disparage him and lessen his repute (for this device is wont to cause tumults), and strive by such arts to solicit and wrest to himself another’s throne, not scrupling to abandon the church committed to him and to procure translation to another. A definite limit of time should therefore be set in such a case, especially since not to receive a bishop is accounted the part of rude and discourteous persons. Ye remember that in former times our fathers decreed that if a layman were staying in a city and should not come to divine worship for three [successive] Sundays [that is], for three [full] weeks, he should be repelled from communion. If then this has been decreed in the case of laymen, it is neither needful, nor fitting, nor yet even expedient that a bishop, unless he has some grave necessity or difficult business, should be very long absent from his own church and distress the people committed to him.

All the bishops said: We decide that this decree also is most proper. (Latin).

Bishop Hosius said: This also ye ought to determine. If a bishop comes from one city to another city, or from his own province to another province, and serving ambition rather than devotion, wishes to remain resident for a long time in a strange city, and then (as it perchance happens that the bishop of the place is not so practised or so learned as himself) he, the stranger, should begin to do him despite and deliver frequent discourses to disparage him and lessen his repute, not hesitating by this device to leave the church assigned him and remove to that which is another’s—do ye then [in such a case] set a limit of time [for his stay in the city], because on the one hand to refuse to receive a bishop is discourteous, and on the other his too long stay is mischievous. Provision must be made against this. I remember that in a former council our brethren decreed that if any layman did not attend divine service in a city in which he was staying three Sundays, that is, for three weeks, he should be deprived of communion. If then this has been decreed in the case of laymen, it is far less lawful and fitting that a bishop, if there be no grave necessity detaining him, should be absent from his church longer than the time above written.All said that such was their pleasure.
Notes.

Ancient Epitome of Canon XI.


A bishop when called in by another bishop, if he that called him is unskilled, must not be too assiduous in preaching, for this would be indecorous to the unlearned bishop, and an attack upon his bishopric. And both improper, Without grave necessity it is undesirable for a bishop to be absent from his church.

This is Canon XIV. of the Latin.



Van Espen.

To understand this canon it must be again remembered that in the first ages of the Church bishops were wont to be appointed at the demand of the people; wherefore whoever were going around after the episcopate, were accustomed to solicit the hearts of the people, and to make it their study to win their affections.

Canon XII.

(Greek).

Bishop Hosius said: Since no case should be left unprovided for, let this also be decreed.1 Some of our brethren and fellow-bishops are known to possess very little private property in the cities in which they are placed as bishops, but have great possessions in other places, with which they are, moreover, able to help the poor. I think then permission should be given them, if they are to visit their estates and attend to the gathering of the harvest, to pass three Sundays, that is, to stay for three weeks, on their estates, and to assist at divine worship and celebrate the liturgy in the nearest church in which, a presbyter holds service, in order that they may not be seen to be absent from worship, and in order that they may not come too frequently to the city in which there is a bishop. In this way their private affairs will suffer no loss from their absence and they will be seen to be clear from the charge of ambition and arrogance.

All the bishops said: This decree also is approved by us. (Latin).

Bishop Hosius said: Since no case should be left unprovided for [let this also be decreed]. There are some of our brother-bishops, who do not reside in the city in which they are appointed bishops, either because they have but little property there, while they are known to have considerable estates elsewhere, or, it may be, through affection for kith and kin and in complaisance to these. Let this much be permitted them, to go to their estates to superintend and dispose of their harvest, and [for this purpose] to remain over three Sundays, that is, for three weeks, if it be necessary, on their estates; or else, if there is a neighbouring city in which there is a presbyter, in order that they may not be seen to pass Sunday without church, let them go thither, so that fin this way] neither will their private affairs suffer loss from their absence, nor will they, by frequent going to the city in which a bishop is resident, incur the suspicion of ambition and place-seeking. All said that this was approved by them.
Notes.

Ancient Epitome of Canon XII.


If a bishop has possessions outside his diocese, and visits them, let him be careful not to remain there more than three Lord’s days. For thus his own flock will be enriched by him, and he himself will avoid the charge of arrogance.

This is Canon XV. of the Latin.



Van Espen.

As Balsamon notes, this canon is an appendix to that which goes before, and the context of the canon indicates this clearly enough; for while the last canon decrees that no bishop is to be absent from his diocese for more than three Lord’s days, without grave necessity, in this canon a certain modification is introduced with regard to certain bishops.



Hefele.

According to the Latin text of Dionysius, it is: “Some bishops do not reside in their Cathedral town, etc.” Isidore and the Prisca, however, are nearer the Greek text, as instead of resident they more rightly read possident.

Canon XIII.

(Greek).

Bishop Hosius said: Be this also the pleasure of all. ‘If any deacon or presbyter or any of the clergy be excommunicated and take refuge with another bishop who knows him and who is aware final he has been removed from communion by his own bishop, [that other bishop] must not offend against his brother bishop by admitting him to communion.1 And if any dare to do this, let him know that he must present himself before an assembly of bishops and give account.’

All the bishops said: This decision will assure peace at all times and preserve the concord of all. (Latin).

Bishop Hosius said: Be this also the pleasure of all. If a deacon or presbyter or any of the clergy be refused communion by his own bishop and go to another bishop, and he with whom he has taken refuge shall know that he has been repelled by his own bishop, then must he not grant him communion. But if he shall do so, let him know that he must give account before an assembly of bishops.

All said: This decision will preserve peace and maintain concord).
Notes.

Ancient Epitome of Canon XIII.


Whose knowingly admits to communion one excommunicated by his own bishop is not without blame.

This is Canon XVI. of the Latin.



Van Espen.

The present canon agrees with Canon V. of Nice and with Canon IV. of Antioch, on which canons see the notes. The Synod’s approbation of this canon is found in Dionysius, Isidore, and in the Roman Codex apud Hervetus; but it is lacking from Balsamon and Zonaras.

Canon XIV.

(Greek).

Bishop Hosius said: I must not fail to speak of a matter which constantly urgeth me.1 If a bishop be found quick to anger (which ought not to sway such a man), and he, suddenly moved against a presbyter or deacon, be minded to cast him out of the Church, provision must be made that such a one be not condemned too hastily [or read aqwon, if innocent] and deprived of communion.

All said: Let him that is cast out be authorized to take refuge with the bishop of the metropolis of the same province. And if the bishop of the metropolis is absent, let him hasten to the bishop that is nearest, and ask to have his case carefully examined. For a hearing ought not to be denied those who ask it.

And that bishop who cast out such a one, justly or unjustly, ought not to take it ill that examination of the case be made, and his decision confirmed or revised. But, until all the particulars have been examined with care and fidelity, he who is excluded from communion ought not to demand communion in advance of the decision of his case. And if any of the clergy who have met [to hear the case] clearly discern arrogance and pretentiousness in him, inasmuch as it is not fitting to suffer insolence or unjust censure, they ought to correct such an one with somewhat harsh and grievous language, that men may submit to and obey commands that are proper and right. For as the bishop ought to manifest sincere love and regard to his subordinates, so those who are subject to him ought in like manner to perform the duties of their ministry in sincerity towards their bishops. (Latin).

Bishop Hosius said: I must not fail to speak of a matter which further moveth me. If some bishop is perchance quick to anger (which ought not to be the case) and, moved hastily and violently against one of his presbyters or deacons, be minded to cast him out of the Church, provision must be made that an innocent man be not condemned or deprived of communion.

Therefore let him that is cast out be authorized to appeal to the neighbouring bishops and let his case be heard and examined into more diligently. For a hearing ought not to be denied one who asks it.

And let that bishop who cast him out, justly or unjustly, take it patiently that the matter is discussed, so that his sentence may either be approved by a number judges] or else revised. Nevertheless, until all the particulars shall be examined with care and fidelity, no one else ought to presume to admit to communion him who was excluded therefrom in advance of the decision of his case. If, however, those who meet to hear it observe arrogance and pride in [such] clergy, inasmuch as it surely is not fitting for a bishop to suffer wrong or insult, let them correct them with some severity of language, that they may obey a bishop whose commands are proper and right. For as he [the bishop] ought to manifest sincere love and charity to his clergy, so his ministers ought for their part to render unfeigned obedience to their bishop).
Notes.

Ancient Epitome of Canon XIV.


One condemned out of anger, if he asks for assistance, should be heard. But until [he shall have asked for ] the assistance let him remain excommunicated.

This is Canon XVII. of the Latin version.Van Espen

This canon is intended especially to aid presbyters, deacons, and other clerics, who have been excommunicated precipitately and without just cause, or suspended by their own bishop in his anger and fury. ... The canon, moreover, admonishes that the bishop with regard to whose sentence the dispute has arisen shah patiently consent to the discussion of the matter de novo, whether his decision be sustained by the majority or emended.

And let bishops and other prelates who have spiritual jurisdiction over the clergy note this, who cannot bear with equanimity that a word should be said against their decisions, but exact a kind of blind obedience, even frequently with great conscientious suffering to their very best ecclesiastics; and in such cases as do not promptly and blindly obey them, the clergy are traduced as rebels and even a patient hearing is refused to them.

This canon is found in the Corpus Juris Canonici, Gratian’s Decretum, P. II., Causa XI., Q. iij., c. iv.[After Canon XIV.]



Canon XVIII. (of the Latin).

Bishop Januarius said: Let your holiness also decree this, that no bishop be allowed to try to gain for himself a minister in the church of a bishop of another city and ordain him to one of his own parishes.

All said: Such is our pleasure, inasmuch as discord is apt to spring from contentions in this matter, and therefore the sentence of us all forbids anyone to presume to do
Note.

Van Espen.


It is manifest that these two canons [xviii. of the Latin and 15,of the Greek], contain the resolution of the same case, and therefore it is that the Greeks keep only the former which contains the decree of the synod, made on Hosius’s motion, the suggestion having been made by Januarius the bishop: which suggestion makes the first of these canons). [I.e. Latin canon xviij.]

Canon XV.

(Greek).

Bishop Hosius said: And let us all decree this also, that1 if any bishop should ordain to any order the minister of another from another diocese without the consent of his own bishop, such an ordination should be accounted invalid and not confirmed. And if any take upon themselves to do this they ought to be admonished and corrected by our brethren and fellow-bishops.

All said: Let this decree also stand unalterable. (Latin).

Bishop Hosius said: This also we all decree, that if any [bishop] should ordain the minister of another from another diocese without the consent and will of his own bishop, his ordination be not ratified. And whoever shall have taken upon himself to do this ought to be admonished and corrected by our brethren and fellow-bishops).
Notes.

Ancient Epitome of Canon XV.


If one places a foreign minister without the knowledge of his own bishop in any grade embaqmon, in aliquo gradu), he has indeed made the appointment, but it is without force.

This is Canon XIX. in the Latin.



Hefele.

Fuchs, in his Bibliothek der Kirchenversammlungen (Pt. II., p. 123, note 125)2 , thinks he has discovered a difference between this canon and the exclusively Latin one preceding it, in that the latter supposes the case of a bishop ordaining a foreign cleric, over whom he has no jurisdiction, to a higher grade, with the view of retaining him for his own diocese; while the other—fifteenth or nineteenth canon—treats of a case where such an ordination takes place without the ordaining bishop intending to keep the person ordained for his own diocese. Van Espen is of another opinion, and maintains that both canons obviously refer to one and the same case, for which reason the Greek text has only inserted one of them. It is certain that the text of both canons, as we have it, does not clearly indicate the difference conjectured by Fuchs, but that it may easily be found there.



Van Espen.

If the reading of all the Latins and Greeks is decisive, this canon only treats of the ordination of those already ministers or clerics, and so the Greek commentators Balsamon, Zonaras, and Aristenus understood it, as is evident from their annotations. But Gratus, Bishop of Carthage, and Primate of Africa, in the First Synod of Carthage testified that in this canon it was decreed, that without the licence of his own bishop, a layman of another diocese was not to be ordained, and this interpretation or rather extension of the Canon, was received everywhere, as is demonstrated by the fifty-sixth of the African Code.

This together with Canon XIX. of the Latin text are found as one in the Corpus Juris Canonici (Gratian’s Decretum, P. I., Dist. lxxj)., c. j.

Canon XVI.

(Greek).

Bishop Aetius said: Ye are not ignorant how important and how large is the metropolitan city of Thessalonica. Accordingly presbyters and deacons often come to it from other provinces and, not content with staying a short time, remain and make it their permanent place of residence, or are compelled with difficulty and after a very long delay to return to their own churches. A decree should be made bearing on this matter.

Bishop Hosius said: Let those decrees which have been made in the case of bishops, be observed as to these persons also. (Latin).

Bishop Aetius said: Ye are not ignorant how large and important is the city of Thessalonica. Presbyters and deacons often come to it from other regions, and are not content to remain a short time, but either make their residence there or at least are with difficulty compelled to return after a long interval to their own place.

All said: Those limits of time which have been decreed in the case of bishops ought to be observed as to these persons also.
Notes.

Ancient Epitome of Canon XVI.


What things have been decreed for bishops with regard to the length of their absence, applies also to presbyters and deacons.



Van Espen.

This canon needs no explanation).

Canon XVII.

(Greek).

AT the suggestion moreover of our brother Olympius,1 we are pleased to decree this also: That if a bishop suffer violence and is unjustly cast out either on account of his discipline or for his confession of [the faith of] the Catholic Church or for his defence of the truth, and, fleeing from danger, although innocent and devout [or, innocent and being under charge of high treason], comes to another city, let him not be forbidden to stay there until he is restored or until deliverance can be found from the violence and injustice that have been done him. For it would be harsh indeed and most oppressive that one who has suffered unjust expulsion should not be harboured by us; as such a man ought to be received with the greatest consideration and cordiality.*

All said: This also is our pleasure. (Latin).

AT the suggestion of our brother Olympius, we are pleased to decree this also: That if any suffer violence and is unjustly cast out on account of his discipline and his Catholic confession or for his defence of the truth, and, fleeing from dangers, although innocent and devout, comes to another city, let him not be forbidden to stay there until he can return or his wrong has been redressed. For it is harsh and unfeeling that he who is suffering persecution should not be received; indeed, great cordiality and abundant consideration should be shown him.

All the synod said: All that has been decreed the Catholic Church spread abroad throughout all the world will preserve and maintain.

And all the bishops of the various provinces who had assembled subscribed thus: I, N., bishop of the city of N. and the province of N., so believe as above is written.
Notes.

Ancient Epitome of Canon XVII.


If a bishop goes into another province after he has been unjustly expelled from his own, he should be received, until he has been delivered from his injury.

This is Canon XXI. of the Latin and the last.



Van Espen.

St. Gregory seems to have had this canon in mind when he wrote to the bishops of Illyria (Lib. III., Epist. xliij)., who had been cast out by the hostility of the barbarians.

Canon XVIII.

(Greek).

Bishop Gaudentius said: Thou knowest, brother Aetius, that since thou wast made bishop, peace hath continued to rule [in thy diocese]. In order that no remnants of discord concerning ecclesiastics remain, it seems good that those who were ordained by Musaeus and by Eutychianus, provided no fault be found in them, should all be received. (This canon is wanting in the Latin).

Canon XIX.

(Greek).

Bishop Hosius said: This is the sentence of my mediocrity [i.e., unworthiness]—that, since we ought to be gentle and patient and to be constant in compassion towards all, those who were once advanced to clerical office in the Church by certain of our brethren, if they are not willing to return to the churches to which they were nominated [or, espoused], should for the future not be received, and that neither Eutychianus should continue to vindicate to himself the name of bishop, nor yet that Musaeus be accounted a bishop; but that if they should seek for lay communion, it should not be denied them.All said: Such is our pleasure. (This canon is wanting in the Latin).
Notes.

Ancient Epitome of Canons XVIII. And XIX.


A clergyman who does not live in the Church among whose clergy he is enrolled should not be received. Eutychian and Musoeus shall not have the name of bishops. But let them be admitted to communion with the laity, if they wish.

Both of these canons are lacking in the Latin.



Hefele.

It is clear that the reason why these two canons do not exist in the Latin text is that they did not apply to the Latin Church and only contained a special rule for Thessalonica.

Canon XX.

(Greek).

Bishop Gaudentius said: These things wholesomely, duly, and filly decreed, in the estimation of us the bishops [twn ierewn] such as are pleasing both to God and to man will not be able to obtain due force and validity, unless fear [of a penalty] be added to the decrees proclaimed. For we ourselves know that through the shamelessness of a few, the divine and right reverend title of bishop [of the th" ierwsunh"] hath often come into condemnation. If therefore any one, moved by arrogance and ambition rather than seeking to please God, should have the hardihood to pursue a different course of action, contrary to the decree of all, let him know beforehand that he must give account and defend himself on this charge, and lose the honour and dignity of the episcopate.

All answered: This sentence is proper and right, and such is our pleasure.1

And this decree will be most widely known and best carried into effect, if each of those bishops among us who have sees on the thoroughfares or highway, on seeing a bishop [pass by] shall inquire into the cause of his passage and his place of destination. And if at his departure he shall find that he is going to the Court, he will direct his inquiries with reference to the objects [of a resort to the Court] above mentioned. And if he come by invitation let no obstacle be put in the way of his departure. But if he is trying to go to the Court out of ostentation, as hath afore been said by your charity, or to urge the petitions of certain persons, let neither his letters be signed nor let such an one be received to communion.

All said: Be this also decreed (Latin).

Bishop Gaudentius said: These things which you have wholesomely and suitably provided [in your decrees] pleasing in [or, to] the estimation of all both [or, and] to God and to men, can obtain force and validity only in case fear [of a penalty] be added to this your action. For we ourselves know that through the shamelessness of a few the sacred and venerable sacerdotal [—episcopal] name hath been many times and oft brought to blame. If therefore anyone attempts to oppose the judgment of all and seeks to serve ambition rather than please God, he must be given to know that he will have to render an account and lose office and rank.

This can be carried into effect only provided each of us whose see is on the highway shall, if he sees a bishop pass, inquire into the cause of his journey, ascertain his desti- nation, and if he finds that he is on his way to the Court, satisfy himself as to what is contained above [i.e., as to his objects at Court], lest perhaps he has come by invitation, that permission may be given him to proceed. If, however, as your holiness mentioned above, he is going to Court to urge petitions and applications for office, let neither his letters be signed nor let him be received to communion.

All said that this was proper and right and that this regulation was approved by them.
Notes.

Ancient Epitome of Canon XX.


[the last part of which in Beveridge, Synod., is numbered xxj.]

If any bishop tries out of pride to do away with what has been decreed admirably, and in a manner pleasing to God, he shall lose his episcopate. A bishop who shall see a bishop on his way to the camp, if he shall know that he goes therefor any of the before-mentioned causes, let him not trouble him, but if otherwise let him pronounce excommunication against him.

This is Canon XI. of the Latin.



Van Espen.

After the words [“honour and dignity”] according to Balsamon and Zonaras, as also Gentian Hervetus, there follows the approbation of the synod in these words: “All answered, This opinion is becoming and well-pleasing to us,” which indicate this to be the end of the canon; and therefore the Greeks make of this two distinct canons.

Dionysius and Isidore make but one canon, ... and this appears to be more congruous on account of the subject-matter of the first part, and will be manifest by connecting the two parts together.

Van Espen follows Zonaras and Balsamon in understanding “Bishops in Canali,” as such as were set on the public roads and public highways, or rather “in cities which are on the public highways, or ‘Canals,’ by which they that pass go without labour, as in a canal or aqueduct the water flows, for aqueduct and canal are the same thing in the Roman tongue.”[After Canon XX.]



Canon XII. (of the Latin Texts).

Bishop Hosius said: But some discretion is here requisite, brethren dearly beloved, in case some should come to those cities which are on the highway still ignorant of what has been decreed in the council. The bishop of such a city ought therefore to admonish him [a bishop so arriving], and instruct him to send his deacon from that place. Upon this admonition he must, however, himself return to his diocese.
Notes.

Van Espen.


This proposition of Hosius in the Roman Codex is joined as an appendix to the preceding canon. The Greeks omit it altogether, very likely either because it seemed to be a proposition of Hosius’s rather than a synodal canon, for no adoption by the synod is recorded: or else because, even if it were a decree, it was only of temporary character, that is to say, until the canons had been sufficiently promulgated, and therefore some on the ground of ignorance might be exempt from the threatened penalties.
Excursus on the Other Ac of the Council.


As only the Canons have any real connexion with the Ecumenical Synods, they alone have properly a place in this volume, and yet it may not be amiss to give a brief account of the other acts of the council, so far as we know them.

(a) The Rule for Keeping Easter.—The Anglican Scholar, the Rev. William Cureton, of the British Museum, first edited the then recently discovered Preface to the Paschal Letters of St. Athanasius, together with the Letters themselves. The ms. which he then published was in Syriac and was discovered in Egypt. In the preface just referred to, it is expressly stated that “a plan was agreed upon at Sardica with regard to the feast of Easter.” But this new plan, which was only expected to hold good for fifty years, failed, and although in a.d. 346 Easter should have fallen on March 23d, yet the Council (so says St. Athanasius) agreed to observe it on March 30th. Another divergence fell in a.d. 349. Easter, by the Alexandrian calculation, would have been April 23d. But by Roman count, the origin of which was attributed to St. Peter, Easter was never to be later than April 21st, and for the sake of peace the Alexandrians yielded to the Romans and kept Easter on March 26th; but in 350, 360, and 368 the Alexandrian and Roman methods again disagreed, and even the fifty years which Sardica had thought to ensure uniformity were marked by diverse usages.

(b) The Encyclical Letter.—The Council addressed a long Encyclical letter to all the bishops of the world; it is found in St. Athanasius2 in Greek, in St. Hilary of Poictiers3 in Latin, and in Theodoret’s Ecclesiastical History.4 In this last there occurs at the end the so-called “Creed of Sardica,” which is now considered by scholars to be undoubtedly spurious.

(c) A Letter to the Diocese of Alexandria.—St. Athanasius5 gives us the Greek text of a letter sent by the council to the diocese of Alexandria to the bishops of Egypt and Libya.

(d) A Letter to Pope Julius.—Among the Fragments of St. Hilary6 is found a letter from the synod to Pope Julius. Hefele says that the text is “considerably injured.” One clause of this letter above all others has given occasion to much controversy. The passage runs as follows: “It was best and fittest that the priests [i.e., bishops] from all the provinces should make their reports to the head, that is, the chair of St. Peter.” Blondell declares the passage to be an interpolation, resting his opinion upon the barbarous Latin of the expression valde congruentissimum. And even Remi Ceillier, while explaining this by the supposition, which is wholly gratuitous, that the original was Greek, yet is forced to confess that the sentence interrupts the flow of thought and looks like an insertion. Bower,7 in his History of the Popes, and Fuchs8 have urged still more strongly the spurious character of the phrase, the latter using the convenient “marginal comment” explanation.

Besides these there are three documents which Scipio Maffei discovered in ms. at Verona, which by some are supposed to belong to the Council of Sardica.

(a) A Letter to the Christians of Mareotis.

(b) A Letter of St. Athanasius to the same Mareotic Churches. This letter is signed not only by Athanasius, but also by a great number of the bishops composing the synod.

(c) A Letter from St. Athanasius to the Church of Alexandria.

On the authority to be attributed to these three documents I can do no better than quote the closing words of Hefele,9 whom I have followed in this whole excursus.

“These extracts shew, I think, quite sufficiently the spuriousness of these documents. Is it possible that the Eusebians would have said of themselves: ‘We are enemies of Christ?’ But apart from this, the whole contents of these three letters are lame and feeble. The constant repetition of the same words is intolerable, and the whole style pointless and trivial. To this it must be added that the whole of Christian antiquity knew nothing of these three documents, which only exist in the codex at Verona, so that we cannot acknowledge them as genuine.”
Excursus as to Whether the Sardican Council Was Ecumenical.


Some theologians and canonists have been of opinion that the Council of Sardica was Ecumenical and would reckon it as the Second. But besides the fact that such a numbering is absolutely in contrariety to all history it also labours under the difficulty, as we shall see presently, that the Westerns by insisting that St. Athanasius should have a seat caused a division of the synod at the very outset, so that the Easterns met at Philippopolis and confirmed the deposition of the Saint. It is also interesting to remember that when Alexander Natalis in his history expressly called this synod ecumenical, the passage was marked with disapproval by the Roman censors. (Hefele. Hist. Councils. Vol. II., pp. 172 et seqq).

The ecumenical character of this Synod certainly cannot be proved.10 It is indeed true that it was the design of Pope Julius, as well as of the two Emperors, Constantius and Constans, to summon a General Council at Sardica; but we do not find that any such actually took place: and the history of the Church points to many like cases, where a synod was probably intended to be ecumenical, and yet did not attain that character. In the present case, the Eastern and Western bishops were indeed summoned, but by far the greater number of the Eastern bishops were Eusebians, and therefore Semi-Arians, and instead of acting in a better mind in union with the orthodox, they separated themselves and formed a cabal of their own at Philippopolis.

We cannot indeed agree with those who maintain that the departure of the Eusebians in itself rendered it impossible for the synod to be ecumenical, or it would be in the power of heretics to make an Ecumenical Council possible or not. We cannot, however, overlook the fact that, in consequence of this withdrawal, the great Eastern Church was far more poorly represented at Sardica, and that the entire number of bishops present did not even amount to a hundred! So small a number of bishops can only form a General Council if the great body of their absent colleagues subsequently give their express consent to what has been decided. This was not, however, the case at the Synod of Sardica. The decrees were no doubt at once sent for acceptance and signature to the whole of Christendom, but not more than about two hundred of those bishops who had been absent signed, and of these, ninety-four, or nearly half, were Egyptians. Out of the whole of Asia only a few bishops from the provinces of Cyprus and Palestine signed, not one from the other Eastern provinces; and even from the Latin Church in Africa, which at that time numbered at least three hundred bishops, we meet with very few names. We cannot give much weight to the fact that the Emperor Constantius refused to acknowledge the decrees of Sardica: it is of much greater importance that no single later authority declared it to be a General Council. Natalis Alexander11 is indeed of opinion that because Pope Zosimus, in the year 417 or 418, cited the fifth canon of Sardica as Nicene, and a synod held at Constantinople in 382 cited the sixth as Nicene, the synod must evidently have been considered as an appendix to that of Nicea, and therefore its equal, that is, must have been honoured as ecumenical. But we have already shown how Zosimus and the bishops of Constantinople had been led into this confusion from the defects of their manuscript collections of the canons. Athanasius, Sulpicius Severus, Socrates, and the Emperor Justinian were cited in later times for the ecumenical character of this synod. Athanasius calls it a megalh sunodo"; Sulpicius Severus says it was ex toto orbe convocata; and Socrates relates that “Athanasius and other bishops had demanded an Ecumenical Synod, and that of Sardica had been then summoned.12 It is clear at the first glance that the two last authorities only prove that the Synod had been intended to be a general one, and the expression “Great Synod,” used by Athanasius, cannot be taken as simply identical with ecumenical. While, however, the Emperor Justinian, in his edict of 346, on the Three Chapters, calls the Synod of Sardica ecumenical, he yet, in the same edict, as well as in other places, does not reckon it among the General Councils, of which he counts four. To this must be added, first, that the Emperor is not the authority entitled to decide as to the character of an Ecumenical Synod; and secondly, that the expression Universale Concilium was employed in a wider sense in speaking of those synods which, without being general, represented a whole patriarchate.

The Trullan Synod and Pope Nicholas I. are further appealed to. The former in its second canon approved of the Sardican canons, and Pope Nicholas said of them: “omnis Ecclesia recepit eos.” But this in no way contains a declaration that the Synod of Sardica was ecumenical, for the canons of many other councils also—for instance, Ancyra, NeoCaesarea, and others—were generally received without those synods themselves being therefore esteemed ecumenical. Nay, the Trullan Synod itself speaks for us; for had it held the Synod of Sardica to be the second General Council, it would have placed its canons immediately after those of Nice, whereas they are placed after the four ancient General Councils, and from this we see that the Trullan Synod did not reckon the Sardican among those councils, but after them. To this it must be added that the highest Church authorities speak most decidedly against the synod being ecumenical. We may appeal first to Augustine, who only knew of the Eusebian assembly at Sardica, and nothing at all of an orthodox synod in that place; which would have been clearly impossible, if it had at that time been counted among the ecumenical synods. Pope Gregory the Great13 and St. Isidore of Seville14 speak still more plainly. They only know of four ancient General Councils—those of Nice, Constantinople, Ephesus, and Chalcedon. The objection of the Ballerini that Gregory and Isidore did not intend to enumerate the most ancient general synods as such, but only those which issued important dogmatic decrees, is plainly quite arbitrary, and therefore wittiest force. Under such circumstances it is natural that among the later scholars by far the great majority should have answered the question, whether the Synod of Sardica is ecumenical, in the negative, as have Cardinal Bellarmin, Peter de Marca, Edmund Richer, Fleury, Orsi, Sacharelli, Tillemont, Du Pin, Berti, Ruttenstock, Rohrbacher, Remi Ceillier, Stolberg, Neander, and others. On the other hand, Baronius, Natalis Alexander, the brothers Ballerini, Mansi, and Palma15 have sought to maintain the ecumenical character of the synod, but as early as the seventeenth century the Roman censors condemned the direct assertions of Natalis Alexander on the subject).
The Canons of the CCXVII Blessed Fathers Who Assembled at Carthage).

Commonly Called the Code of Canons of the African Church.

a.d. 419


Elenchus.
Introductory Note.


An attempt to write a commentary upon all the canons of the African Code, would have meant nothing less than the preparation of one volume or more on the canon law of the West. This is impossible and therefore, interesting as the field would be, I have been compelled to restrain my pen, and rather than give a scant and insufficient annotation, I have contented myself with providing the reader with as good a translation as I have been able to make of the very corrupt Latin (correcting it at times by the Greek), and have added the Ancient Epitome and the quaint notes in full of Jn Johnson from the Second Edition, of 1714, of his “Clergyman’s Vade-mecum,” Pt. II., which occupy little space, but may not be easily reached by the ordinary reader. The student will find full scholia on these Canons in Van Espen in the Latin, and in Zonaras and Balsamon in the Greek. These latter are in Beveridge’s Synodicon.

Johnson writes an excellent Introduction to his Epitome of these Canons, as follows:

“Councils were nowhere more frequently called in the Primitive Times than in Africa. In the year 418–19, all canons formerly made in sixteen councils held at Carthage, one at Milevis, one at Hippo, that were approved of, were read, and received a new sanction from a great number of bishops, then met in synod at Carthage. This Collection is the Code of the African Church, which was always in greatest repute in all Churches next after the Code of the Universal Church. This code was of very great authority in the old English Churches, for many of the Excerptions of Egbert were transcribed from it. And though the Code of the Universal Church ends with the canons of Chalcedon,1 yet these African Canons are inserted into the Ancient Code both of the Eastern and Western Churches. These canons though ratified and approved by a synod, yet seem to have been divided or numbered by some private and unlearned hand, and have probably met with very unskilful transcribers, by which means some of them are much confounded and obscured, as to their sense and coherence. They are by Dionysius Exiguus and others entituled The Canons of the Synod of Africa. And though all were not originally made at one time, yet they were all confirmed by one synod of African bishops, who, after they had recited the Creed and the twenty canons of the Council of Nice, proceeded to make new canons, and re-enforce old ones.”

In his “Library of Canon Law” (Bibliotheca Juris Canonici) Justellus gives these canons, and, in my opinion, gives them rightly, the title “The Code of Canons of the African Church” (Codex Canonum Ecclesioe Africanoe), although Hefele2 describes them as “the collection of those African Canons put together in 419 by Dionysius Exiguus.” Hefele says that the title Dionysius gave them in his collection was “The Statutes of an African Council” (Statuta Concilii Africani) which would certainly be wholly inadequate and misleading; but in the edition of Dionysius in Migne’s Patrologia Latina (Tom. LXVII., col. 181) in the Codex Canonum Ecclesiasticorum no such title occurs, but the perfectly accurate one, “A Synod at Carthage in Africa, which adopted one hundred and thirty-eight canons.” This is an exact description of what took place and of the origin of these most important dogmatic and disciplinary enactments. Hefele must have been thinking of Dionysius’s Preface where the expression does occur but not as a title. (Beveridge. Synodicon, Tom. II., p. 202).

Carthage was formerly the head of the whole of Africa, as St. Augustine tells us in his Epistle CLXII. From this cause it happened that a great number of councils were held there, gathered from all the provinces of Africa. Especially while Aurelius as Archbishop was occupying the throne were these meetings of bishops frequently holden; and by these, for the establishing of ecclesiastical discipline in Africa, many canons were enacted. At last, after the consulate of Honorius (XII). and Theodosius (VIII)., Augustuses, on the eighth day before the Calends of June, that is to say, on May 25, in the year of our Lord 419, another Council was held in the same city at which all the canons previously adopted were considered, and the greater part of them were again confirmed by the authority of the synod. These canons, thus confirmed by this council, merited to be called from that day to this “The Code of Canons of the African Church.” These canons were not at first adopted in Greek but in Latin, and they were confirmed in the same language. This Dionysius Exiguus distinctly testifies to in his preface to the “Code of Ecclesiastical Canons,” in which they are included. It is uncertain when the canons of this Carthaginian synod were done into Greek. This only is certain, that they had been translated into Greek before the Council in Trullo by which, in its Second Canon, they were received into the Greek Nomocanon, and were confirmed by the authority of this synod; so that from that time these canons stand in the Eastern Church on an equality with all the rest.

An extremely interesting point arises as to what was the authority of the collection as a collection, and how this collection was made? There seems no doubt that the collection substantially as we know it was the code accepted by the Council of Trullo, the canons of which received a quasi-ecumenical authority from the subsequent general imprimatur given them by the Seventh Ecumenical Council, the Second of Nice. Van Espen has considered this point at great length in Dissertation VIII. of the First Part of his Commentaries, and to his pages I must refer the reader for anything like an adequate presentation of the matter. He concludes (I). that the “Code owes its origin to this synod,” and argues against De Marca in proof of the proposition that the collection was not the private work of Dionysius, but the official work of the council by one of its officials, concluding with the remark (II). that “this was the persuasion both of Greeks and Latins, ... and these canons are set forth by Balsamon with the title, ‘The Canons of the CCXVII. Blessed Fathers who met together at Carthage.’”

In the notes on each canon I shall give the source, following Hefele in all respects (Hist. of the Councils, vol. il., pp. 468 et seqq)., and content myself here with setting down a list of the various councils which made the enactments, with their dates.









a.d.



Carthage

(under Gratus)

345–348



    “

(under Genethlius)

387 or 390



Hippo



393


7 ecumenical councils - XII.