The famous canonist Van Espen defines usury thus: "Usura definitur lucrum ex mutuo exactum aut speratum;"hyperlink and then goes on to defend the proposition that, "Usury is forbidden by natural, by divine, and by human law. The first is proved thus. Natural law, as far as its first principles are concerned, is contained in the decalogue; but usury is prohibited in the decalogue, inasmuch as theft is prohibited; and this is the opinion of the Master of the Sentences, of St. Bonaventura, of St. Thomas and of a host of others: for by the name of theft in the Law all unlawful taking of another's goods is prohibited; but usury is an unlawful, etc." For a proof of usury's being contrary to divine law he cites Ex. xxii. 25, and Deut. xxiii. 29; and from the New Testament Luke vi. 34. "The third assertion is proved thus. Usury is forbidden by human law: The First Council of Nice in Canon VII. deposed from the clergy and from all ecclesiastical rank, clerics who took usury; and the same thing is the case with an infinite number of councils, in fact with nearly all e.g. Elvira, ij, Arles j, Carthage iij, Tours iij, etc. Nay, even the pagans themselves formerly forbid it by their laws." He then quotes Tacitus (Annal. Lib. v.), and adds, "with what severe laws the French Kings coerced usurers is evident from the edicts of St. Louis, Philip IV., Charles IX., Henry III., etc."
There can be no doubt that Van Espen in the foregoing has accurately represented and without any exaggeration the universal opinion of all teachers of morals, theologians, doctors, Popes, and Councils of the Christian Church for the first fifteen hundred years. All interest exacted upon loans of money was looked upon as usury, and its reception was esteemed a form of theft and dishonesty. Those who wish to read the history of the matter in all its details are referred to Bossuet's work on the subject, Traite de l'Usure,hyperlink where they will find the old, traditional view of the Christian religion defended by one thoroughly acquainted with all that could be said on the other side.
The glory of inventing the new moral code on the subject, by which that which before was looked upon as mortal sin has been transfigured into innocence, if not virtue, belongs to John Calvin! He made the modern distinction between "interest" and "usury," and was the first to write in defence of this then new-fangled refinement of casuistry.hyperlink
That the student may have it in his power to read the Patristic view of the matter, I give a list of the passages most commonly cited, together with a review of the conciliar action, for all which I am indebted to a masterly article by Wharton B. Marriott in Smith and Cheetham's Dictionary of Christian Antiquities (s. v. Usury).
Although the conditions of the mercantile community in the East and the West differed materially in some respects, the fathers of the two churches are equally explicit and systematic in their condemnation of the practice of usury. Among those belonging to the Greek church we find Athanasius (Expos. in Ps. xiv); Basil the Great (Hom. in Ps. xiv). Gregory of Nazianzum (Orat. xiv. in Patrem tacentem). Gregory of Nyssa (Orat. cont. Usurarios); Cyril of Jerusalem (Catech. iv. c. 37), Epiphanius (adv. Haeres. Epilog. c. 24), Chrysostom (Hom. xli. in Genes), and Theodoret (Interpr. in Ps. xiv. 5, and liv. 11). Among those belonging to the Latin church, Hilary of Poitiers (in Ps. xiv); Ambrose (de Tobia liber unus). Jerome (in Ezech. vi. 18); Augustine de Baptismo contr. Donatistas, iv. 19); Leo the Great (Epist. iii. 4), and Cassiodorus (in Ps. xiv. 10).
The canons of later councils differ materially in relation to this subject, and indicate a distinct tendency to mitigate the rigour of the Nicaean interdict. That of the council of Carthage of the year 348 enforces the original prohibition, but without the penalty, and grounds the veto on both Old and New Testament authority, "nemo contra prophetas, nemo contra evangelia facit sine periculo" (Mansi, iii. 158). The language, however, when compared with that of the council of Carthage of the year 419, serves to suggest that, in the interval, the lower clergy had occasionally been found having recourse to the forbidden practice, for the general terms of the earlier canon, "ut non liceat clericis fenerari," are enforced with greater particularity in the latter, "Nec omnino cuiquam clericorum liceat de qualibet re foenus accipere" (Mansi, iv. 423). This supposition is supported by the language of the council of Orleans (a.d. 538), which appears to imply that deacons were not prohibited from lending money at interest, "Et clericus a diaconatu, et supra, pecuniam non commodet ad usuras" (ib. ix. 18). Similarly, at the second council of Trullanum (a.d. 692) a like liberty would appear to have been recognised among the lower clergy (Hardouin, iii. 1663). While, again, the Nicaean canon requires the immediate deposition of the ecclesiastic found guilty of the practice, the Apostolical canon enjoins that such deposition is to take place only after he has been admonished and has disregarded the admonition.
Generally speaking, the evidence points to the conclusion that the Church imposed no penalty on the layman. St. Basil (Epist. clxxxviii. can. 12), says that a usurer may even be admitted to orders, provided he gives his acquired wealth to the poor and abstains for the future from the pursuit of gain (Migne, Patrol. Groec. xxxii. 275). Gregory of Nyssa says that usury, unlike theft, the desecration of tombs, and sacrilege i9erosuli/a, is allowed to pass unpunished, although among the things forbidden by Scripture, nor is a candidate at ordination ever asked whether or no he has been guilty of the practice (Migne, ib. xlv. 233). A letter of Sidonius Apollinaris (Epist. vi. 24) relating an experience of his friend Maximus, appears to imply that no blame attached to lending money at the legal rate of interest, and that even a bishop might be a creditor on those terms. We find also Desideratus, bishop of Verdun, when applying for a loan to king Theodebert, for the relief of his impoverished diocese, promising repayment, "cure usuris legitimis," an expression which would seem to imply that in the Gallican church usury was recognised as lawful under certain conditions (Greg. Tur. Hist. Franc. iii. 34). So again a letter (Epist. ix. 38) of Gregory the Great seems to shew that he did not regard the payment of interest for money advanced by one layman to another as unlawful. But on the other hand, we find in what is known as archbishop Theodore's "Penitential" (circ. a.d. 690) what appears to be a general law on the subject, enjoining "Sie quis usuras undecunque exegerit . . . tres annos in pane et aqua" (c. xxv. 3); a penance again enjoined in the Penitential of Egbert of York (c. ii. 30). In like manner, the legates, George and Theophylact, in reporting their proceedings in England to pope Adrian I. (a.d. 787), state that they have prohibited "usurers," and cite the authority of the Psalmist and St. Augustine (Haddan and Stubbs, Conc. iii. 457). The councils of Mayence, Rheims, and Chalons, in the year 813, and that of Aix in the year 816, seem to have laid down the same prohibition as binding both on the clergy and the laity (Hardouin, Conc. iv. 1011, 1020, 1033, 1100).
Muratori, in his dissertation on the subject (Antichita, vol. i.), observes that "we do not know exactly how commerce was transacted in the five preceding centuries," and consequently are ignorant as to the terms on which loans of money were effected.
Canon XVIII.
IT has come to the knowledge of the holy and great Synod that, in some districts and cities, the deacons administer the Eucharist to the presbyters, whereas neither canon nor custom permits that they who have no right to offer should give the Body of Christ to them that do offer. And this also has been made known, that certain deacons now touch the Eucharist even before the bishops. Let all such practices be utterly done away, and let the deacons remain within their own bounds, knowing that they are the ministers of the bishop and the inferiors of the presbyters. Let them receive the Eucharist according to their order, after the presbyters, and let either the bishop or the presbyter administer to them. Furthermore, let not the deacons sit among the presbyters, for that is contrary to canon and order. And if, after this decree, any one shall refuse to obey, let him be deposed from the diaconate.
Notes.
Ancient Epitome of Canon XVIII.
Deacons must abide within their own bounds. They shall not administer the Eucharist to presbyters, nor touch it before them, nor sit among the presbyters. For all this is contrary to canon, and to decent order.
Van Espen.
Four excesses of deacons this canon condemns, at least indirectly. The first was that they gave the holy Communion to presbyters. To understand more easily the meaning of the canon it must be remembered that the reference here is not to the presbyters who were sacrificing at the altar but to those who were offering together with the bishop who was sacrificing; by a rite not unlike that which to-day takes place, when the newly ordained presbyters or bishops celebrate mass with the ordaining bishop; and this rite in old times was of daily occurrence, for a full account of which see Morinus De SS. Ordinat. P. III. Exercit. viij. . . . The present canon does not take away from deacons the authority to distribute the Eucharist to laymen, or to the minor clergy, but only reproves their insolence and audacity in presuming to administer to presbyters who were concelebrating with the bishop or another presbyter....
The second abuse was that certain deacons touched the sacred gifts before the bishop. The vulgar version of Isidore reads for "touched" "received," a meaning which Balsamon and Zonaras also adopt, and unless the Greek word, which signifies "to touch," is contrary to this translation, it seems by no means to be alien to the context of the canon.
"Let them receive the Eucharist according to their order, after the presbyters, and let the bishop or the presbyter administer to them." In these words it is implied that some deacons had presumed to receive Holy Communion before the presbyters, and this is the third excess of the deacon which is condemned by the Synod.
And lastly, the fourth excess was that they took a place among the presbyters at the very time of the sacrifice, or "at the holy altar," as Balsamon observes.
From this canon we see that the Nicene, fathers entertained no doubt that the faithful in the holy Communion truly received "the body of Christ." Secondly, that that was "offered" in the church, which is the word by which sacrifice is designated in the New Testament, and therefore it was at that time a fixed tradition that there was a sacrifice in which the body of Christ was offered. Thirdly that not to all, nor even to deacons, but only to bishops and presbyters was given the power of offering. And lastly, that there was recognized a fixed hierarchy in the Church, made up of bishops and presbyters and deacons in subordination to these.
Of course even at that early date there was nothing new in this doctrine of the Eucharist. St. Ignatius more than a century and a half before, wrote as follows: "But mark ye those who hold strange doctrine touching the grace of Jesus Christ which came to us, how that they are contrary to the mind of God. They have no care for love, none for the widow, none for the orphan, none for the afflicted,none for the prisoner, none for the hungry or thirsty. They abstain from eucharist (thanksgiving) and prayer, because they allow not that the Eucharist is the flesh of our Saviour Jesus Christ, which flesh suffered for our sins, and which the Father of his goodness raised up."hyperlink
In one point the learned scholiast just quoted has most seriously understated his case. He says that the wording of the canon shews "that the Nicene fathers entertained no doubt that the faithful in the holy Communion truly received `the body of Christ.'" Now this statement is of course true because it is included in what the canon says, but the doctrinal statement which is necessarily contained in the canon is that "the body of Christ is given" by the minister to the faithful. This doctrine is believed by all Catholics and by Lutherans, but is denied by all other Protestants; those Calvinists who kept most nearly to the ordinary Catholic phraseology only admitting that "the sacrament of the Body of Christ" was given in the supper by the minister, while "the body of Christ," they taught, was present only in the soul of the worthy communicant (and in no way connected with the form of bread, which was but the divinely appointed sign and assurance of the heavenly gift), and therefore could not be "given" by the priest.hyperlink
This canon is found in the Corpus Juris Canonici, Decretum. Pars I. Dist. XCIII., c. xiv.
Canon XIX.
Concerning the Paulianists who have flown for refuge to the Catholic Church, it has been decreed that they must by all means be rebaptized; and if any of them who in past time have been numbered among their clergy should be found blameless and without reproach, let them be rebaptized and ordained by the Bishop of the Catholic Church; but if the examination should discover them to be unfit, they ought to be deposed. Likewise in the case of their deaconesses, and generally in the case of those who have been enrolled among their clergy, let the same form be observed. And we mean by deaconesses such as have assumed the habit, but who, since they have no imposition of hands, are to be numbered only among the laity.
Notes.
Ancient Epitome of Canon XIX.
Paulianists must be rebaptised, and if such as are clergymen seem to be blameless let then, be ordained. If they do not seem to be blameless, let them be deposed. Deaconesses who have been led astray, since they are not sharers of ordination, are to be reckoned among the laity.
Ffoulkes.
(Dict. Chr. Ant. s.v. Nicaea, Councils of.) That this is the true meaning of the phrase o!roj e0kte/qeitai, viz. "a decree has now been made," is clear from the application of the words o!roj in Canon xvii., and w!risen, in Canon vi. It has been a pure mistake, therefore, which Bp. Hefele blindly follows, to understand it of some canon previously passed, whether at Aries or elsewhere.
Justellus.
Here xeiroqesi/a is taken for ordination or consecration, not for benediction, . ..for neither were deaconesses, sub-deacons, readers, and other ministers ordained, but a blessing was merely pronounced over them by prayer and imposition of hands.
Aristenus.
Their (the Paulicians') deaconesses also, since they have no imposition of hands, if they come over to the Catholic Church and are baptized, are ranked among the laity.With this Zonaras and Balsamon also agree.
Hefele.
By Paulianists must be understood the followers of Paul of Samosata the anti-Trinitarian who, about the year 260, had been made bishop of Antioch, but had been deposed by a great Synod in 269. As Paul of Samosata was heretical in his teaching on the Holy Trinity the Synod of Nice applied to him the decree passed by the council of Arles in its eighth canon. "If anyone shall come from heresy to the Church, they shall ask him to say the creed; and if they shall perceive that he was baptized into the Father, and the Son, and the Holy Ghost,hyperlink he shall have a hand laid on him only that he may receive the Holy Ghost. But if in answer to their questioning he shall not answer this Trinity, let him be baptized."
The Samosatans, according to St. Athanasius, named the Father, Son and Holy Spirit in administering baptism (Oral. ii, Contra Arian. No. xliii), but as they gave a false meaning to the baptismal formula and did not use the words Son and Holy Spirit in the usual sense, the Council of Nice, like St. Athanasius himself, considered their baptism as invalid.
There is great difficulty about the text of the clause beginning "Likewise in the case, etc.," and Gelasius, the Prisca, Theilo and Thearistus, (who in 419 translated the canons of Nice for the African bishops), the PseudoIsidore, and Gratian have all followed a reading diako/nwn, instead of diakonissw=n.
This change makes all clear, but many canonists keep the ordinary text, including Van Espen, with whose interpretation Hefele does not agree.
The clause I have rendered "And we mean by deaconesses" is most difficult of translation. I give the original, 'Emnh/sqhmen de\ diakonissw=n tw=n e0n tw=| sxh/mati e0cetasqeiswn, e0pei\ k.t.l. Hefele's translation seems to me impossible, by sxh/mati he understands the list of the clergy just mentioned.
Footnotes
1 Van Espen. Dissertatio de Usura, Art. 1.
2 Bossuet. Oeuvres Comp. xxxj.
3 Funk (Zins und Wucher, p.104) says that Eck and Hoogsträten had already verbally defended this distinction at Bologna.
4 Gury, Comp. Theol. Moral (Ed. Ballerini) vol. ii. p. 611.
Excursus on the Deaconess of the Early Church.
It has been supposed by many that the deaconess of the Early Church had an Apostolic institution and that its existence may be referred to by St. Paul in his Epistle to the Romans (xvi. 1) where he speaks of Phoebe as being a dia/konoj of the Church of Cenchrea. It moreover has been suggested that the "widows" of 1 Tim. v. 9 may have been deaconesses, and this seems not unlikely from the fact that the age for the admission of women to this ministry was fixed by Tertullian at sixty years (De Vel. Virg. Cap. ix.), and only changed to forty, two centuries later by the Council of Chalcedon, and from the further fact that these "widows" spoken of by St. Paul seem to have had a vow of chastity, for it is expressly said that if they marry they have "damnation, because they have cast off their first faith" (1 Tim. v. 12).
These women were called diako/nissai, presbuti/dej (which must be distinguished from the presbute/rai, a poor class referred to in the Apostolic Constitutions (ii. 28) who are to be only invited frequently to the love-feasts, while the presbuti/dej had a definite allotment of the offerings assigned to their support), xh=rai, diaconissoe, presbyteroe, and viduce.
The one great characteristic of the deaconess was that she was vowed to perpetual chastity.hyperlink The Apostolical Constitutions (vi. 17) say that she must be a chaste virgin (parqe/noj a0gnh;) or else a widow. The writer of the article "Deaconess" in the Dictionary of Christian Antiquities says: "It is evident that the ordination of deaconesses included a vow of celibacy." We have already seen the language used by St. Paul and of this the wording of the canon of Chalcedon is but an echo (Canon xv). "A woman shall not receive the laying on of hands as a deaconess under forty years of age, and then only after searching examination. And if, after she has had hands laid on her, and has continued for a time to minister, she shall despise the Grace of God and give herself in marriage, she shall be anathematized and the man who is united to her." The civil law went still further, and by Justinian's Sixth Novel 6 those who attempted to marry are subjected to forfeiture of property and capital punishment. In the collect in the ancient office there is a special petition that the newly admitted deaconess may have the gift of continence.
The principal work of the deaconess was to assist the female candidates for holy baptism. At that time the sacrament of baptism was always administered by immersion (except to those in extreme illness) and hence there was much that such an order of women could be useful in. Moreover they sometimes gave to the female catechumens preliminary instruction, but their work was wholly limited to women, and for a deaconess of the Early Church to teach a man or to nurse him in sickness would have been an impossibility. The duties of the deaconess are set forth in many ancient writings, I cite here what is commonly known as the XII Canon of the Fourth Council of Carthage, which met in the year 398:
"Widows and dedicated women (sanctimoniales) who are chosen to assist at the baptism of women, should be so well instructed in their office as to be able to teach aptly and properly unskilled and rustic women how to answer at the time of their baptism to the questions put to them, and also how to live godly after they have been baptized." This whole matter is treated clearly by St. Epiphanius who, while indeed speaking of deaconesses as an order (ta/gma), asserts that "they were only women-elders, not priestesses in any sense, that their mission was not to interfere in any way with Sacerdotal functions, but simply to perform certain offices in the care of women" (Hoer. lxxix, cap. iij). From all this it is evident that they are entirely in error who suppose that "the laying on of hands" which the deaconesses received corresponded to that by which persons were ordained to the diaconate, presbyterate, and episcopate at that period of the church's history. It was merely a solemn dedication and blessing and was not looked upon as "an outward sign of an inward grace given." For further proof of this I must refer to Morinus, who has treated the matter most admirably. (De Ordinationibus, Exercitatio X.)
The deaconesses existed but a short while. The council of Laodicea as early as a.d. 343-381, forbade the appointment of any who were called presbuti/dej (Vide Canon xi); and the first council of Orange, a.d. 441, in its twenty-sixth canon forbids the appointment of deaconesses altogether, and the Second council of tile same city in canons xvij and xviij, decrees that deaconesses who married were to be excommunicated unless they renounced the men they were living with, and that, on account of the weakness of the sex, none for the future were to be ordained.
Thomassinus, to whom I refer tim reader for a very full treatment of the whole subject, is of opinion that the order was extinct in the West by the tenth or twelfth century, but that it lingered on a little later at Constantinople but only in conventual institutions. (Thomassin, Ancienne et Nouvelle Discipline de l' Eglise, I Partie, Livre III.)
Canon XX.
Forasmuch as there are certain persons who kneel on the Lord's Day and in the days of Pentecost, therefore, to the intent that all things may be uniformly observed everywhere (in every parish), it seems good to the holy Synod that prayer be made to God standing.
Notes.
Ancient Epitome of Canon XX.
On Lord's days and at Pentecost all must pray standing and not kneeling.
Hammond.
Although kneeling was the common posture for prayer in the primitive Church, yet the custom had prevailed, even from the earliest times, of standing at prayer on the Lord's day, and during the fifty days between Easter and Pentecost. Tertullian, in a passage in his treatise De Corona Militis, which is often quoted, mentions it amongst other ohservances which, though not expressly commanded in Scripture, yet were universally practised upon the authority of tradition. "We consider it unlawful," he says, "to fast, or to pray kneeling, upon the Lord's day; we enjoy the same liberty from Easter-day to that of Pentecost." De Cor. Mil. s. 3, 4. Many other of the Fathers notice the same practice, the reason of which, as given by Augustine; and others, was to commemorate the resurrection of our Lord, and to signify the rest and joy of our own resurrection, which that of our Lord assured. This canon, as Beveridge observes, is a proof of the importance formerly attached to an uniformity of sacred rites throughout the Church, which made the Nicene Fathers thus sanction and enforce by their authority a practice which in itself is indifferent, and not commanded directly or indirectly in Scripture, and assign this as their reason for doing so: "In order that all things may be observed in like manner in every parish" or diocese.
Hefele.
All the churches did not, however, adopt this practice; for we see in the Acts of the Apostles (xx. 36 and xxi. 5) that St. Paul prayed kneeling during the time between Pentecost and Easter.
This canon is found in the Corpus Juris Canonici. Decretum, Pars III, De Cone. Dist. III. c. x.
Footnotes
1 Ignat. Ad Smyr. § vi. Lightfoot's translation. Apost. Fath. Vol.II. Sec. I. p.569.
2 Cf. Art. xxviij. of the "Articles of Religion" of the Church of England, which declares that "The Body of Christ is given, taken, and eaten in the Supper," etc.
Excursus on the Deaconess of the Early Church.
It has been supposed by many that the deaconess of the Early Church had an Apostolic institution and that its existence may be referred to by St. Paul in his Epistle to the Romans (xvi. 1) where he speaks of Phoebe as being a dia/konoj of the Church of Cenchrea. It moreover has been suggested that the "widows" of 1 Tim. v. 9 may have been deaconesses, and this seems not unlikely from the fact that the age for the admission of women to this ministry was fixed by Tertullian at sixty years (De Vel. Virg. Cap. ix.), and only changed to forty, two centuries later by the Council of Chalcedon, and from the further fact that these "widows" spoken of by St. Paul seem to have had a vow of chastity, for it is expressly said that if they marry they have "damnation, because they have cast off their first faith" (1 Tim. v. 12).
These women were called diako/nissai, presbuti/dej (which must be distinguished from the presbute/rai, a poor class referred to in the Apostolic Constitutions (ii. 28) who are to be only invited frequently to the love-feasts, while the presbuti/dej had a definite allotment of the offerings assigned to their support), xh=rai, diaconissoe, presbyteroe, and viduce.
The one great characteristic of the deaconess was that she was vowed to perpetual chastity.hyperlink The Apostolical Constitutions (vi. 17) say that she must be a chaste virgin (parqe/noj a0gnh;) or else a widow. The writer of the article "Deaconess" in the Dictionary of Christian Antiquities says: "It is evident that the ordination of deaconesses included a vow of celibacy." We have already seen the language used by St. Paul and of this the wording of the canon of Chalcedon is but an echo (Canon xv). "A woman shall not receive the laying on of hands as a deaconess under forty years of age, and then only after searching examination. And if, after she has had hands laid on her, and has continued for a time to minister, she shall despise the Grace of God and give herself in marriage, she shall be anathematized and the man who is united to her." The civil law went still further, and by Justinian's Sixth Novel 6 those who attempted to marry are subjected to forfeiture of property and capital punishment. In the collect in the ancient office there is a special petition that the newly admitted deaconess may have the gift of continence.
The principal work of the deaconess was to assist the female candidates for holy baptism. At that time the sacrament of baptism was always administered by immersion (except to those in extreme illness) and hence there was much that such an order of women could be useful in. Moreover they sometimes gave to the female catechumens preliminary instruction, but their work was wholly limited to women, and for a deaconess of the Early Church to teach a man or to nurse him in sickness would have been an impossibility. The duties of the deaconess are set forth in many ancient writings, I cite here what is commonly known as the XII Canon of the Fourth Council of Carthage, which met in the year 398:
"Widows and dedicated women (sanctimoniales) who are chosen to assist at the baptism of women, should be so well instructed in their office as to be able to teach aptly and properly unskilled and rustic women how to answer at the time of their baptism to the questions put to them, and also how to live godly after they have been baptized." This whole matter is treated clearly by St. Epiphanius who, while indeed speaking of deaconesses as an order (ta/gma), asserts that "they were only women-elders, not priestesses in any sense, that their mission was not to interfere in any way with Sacerdotal functions, but simply to perform certain offices in the care of women" (Hoer. lxxix, cap. iij). From all this it is evident that they are entirely in error who suppose that "the laying on of hands" which the deaconesses received corresponded to that by which persons were ordained to the diaconate, presbyterate, and episcopate at that period of the church's history. It was merely a solemn dedication and blessing and was not looked upon as "an outward sign of an inward grace given." For further proof of this I must refer to Morinus, who has treated the matter most admirably. (De Ordinationibus, Exercitatio X.)
The deaconesses existed but a short while. The council of Laodicea as early as a.d. 343-381, forbade the appointment of any who were called presbuti/dej (Vide Canon xi); and the first council of Orange, a.d. 441, in its twenty-sixth canon forbids the appointment of deaconesses altogether, and the Second council of tile same city in canons xvij and xviij, decrees that deaconesses who married were to be excommunicated unless they renounced the men they were living with, and that, on account of the weakness of the sex, none for the future were to be ordained.
Thomassinus, to whom I refer tim reader for a very full treatment of the whole subject, is of opinion that the order was extinct in the West by the tenth or twelfth century, but that it lingered on a little later at Constantinople but only in conventual institutions. (Thomassin, Ancienne et Nouvelle Discipline de l' Eglise, I Partie, Livre III.)
Canon XX.
Forasmuch as there are certain persons who kneel on the Lord's Day and in the days of Pentecost, therefore, to the intent that all things may be uniformly observed everywhere (in every parish), it seems good to the holy Synod that prayer be made to God standing.
Notes.
Ancient Epitome of Canon XX.
On Lord's days and at Pentecost all must pray standing and not kneeling.
Hammond.
Although kneeling was the common posture for prayer in the primitive Church, yet the custom had prevailed, even from the earliest times, of standing at prayer on the Lord's day, and during the fifty days between Easter and Pentecost. Tertullian, in a passage in his treatise De Corona Militis, which is often quoted, mentions it amongst other ohservances which, though not expressly commanded in Scripture, yet were universally practised upon the authority of tradition. "We consider it unlawful," he says, "to fast, or to pray kneeling, upon the Lord's day; we enjoy the same liberty from Easter-day to that of Pentecost." De Cor. Mil. s. 3, 4. Many other of the Fathers notice the same practice, the reason of which, as given by Augustine; and others, was to commemorate the resurrection of our Lord, and to signify the rest and joy of our own resurrection, which that of our Lord assured. This canon, as Beveridge observes, is a proof of the importance formerly attached to an uniformity of sacred rites throughout the Church, which made the Nicene Fathers thus sanction and enforce by their authority a practice which in itself is indifferent, and not commanded directly or indirectly in Scripture, and assign this as their reason for doing so: "In order that all things may be observed in like manner in every parish" or diocese.
Hefele.
All the churches did not, however, adopt this practice; for we see in the Acts of the Apostles (xx. 36 and xxi. 5) that St. Paul prayed kneeling during the time between Pentecost and Easter.
This canon is found in the Corpus Juris Canonici. Decretum, Pars III, De Cone. Dist. III. c. x.
Footnotes
1 In Patre et Filio et Spiritu Sancto esse baptizatum.
2 In 1836, the Lutheran Pastor Fliedner, of a little town on the Rhine, opened a parish hospital the nurses of which he called "Deaconesses". This "Deaconess House "at Kaiserswerth. was the mother-house from which all the deaconess establishments of the present day have taken their origin. The Methodists have adopted the system successfully. Some efforts have been made to domesticate it, in a somewhat modified form, also in the Anglican Churches but thus far with but little success. Of course these "Deaconesses" resemble the Deaconesses of the Early Church only in name. The reader who may be interested in seeing an effort to connect the modern deaconess with the deaconess of antiquity is referred to The Ministry of Deaconesses by Deaconess Cecilia Robinson. This book. it should be said, contains much valuable and accurate information upon the subject, but accepts as proven facts the suppositions of the late Bishop Lightfoot upon the subject ; who somewhat rashly asserted that "the female daconate is as definite an institution as the male diaconate. Phoebe is as much a deacon as Stephen or Philip is a deacon!"
Excursus on the Number of the Nicene Canons.
There has come down to us a Latin letter purporting to have been written by St. Athanasius to Pope Marcus. This letter is found in the Benedictine edition of St. Athanasius's works (ed. Patav. ii. 599) but rejected as spurious by Montfaucon the learned editor. In this letter is contained the marvellous assertion that the Council of Nice at first adopted forty canons, which were in Greek, that it subsequently added twenty Latin canons, and that afterwards the council reassembled and set forth seventy altogether. A tradition that something of the kind had taken place was prevalent in parts of the East, and some collections did contain seventy canons.
In the Vatican Library is a ms. which was bought for it by the famous Asseman, from the Coptic Patriarch, John, and which contains not only seventy, but eighty canons attributed to the council of Nice. The ms. is in Arabic, and was discovered by J. B. Romanus, S. J., who first made its contents known, and translated into Latin a copy he had made of it. Another Jesuit, Pisanus, was writing a history of the Nicene Council at the time and he received the eighty newly found canons into his book; but, out of respect to the pseudo-Athanasian letter, he at first cut down the number to seventy; but in later editions he followed the ms. All this was in the latter half of the sixteenth century; and in 1578 Turrianus, who had had Father Romanus's translation revised before it was first published, now issued an entirely new translation with a Proemiumhyperlink containing a vast amount of information upon the whole subject, and setting up an attempted proof that the number of the Nicene Canons exceeded twenty. His argument for the time being carried the day.
Hefele says, "it is certain that the Orientalshyperlink believed the Council of Nice to have promulgated more than twenty canons: the learned Anglican, Beveridge,hyperlink has proved this, reproducing an ancient Arabic paraphrase of the canons of the first four Ecumenical Councils. According to this Arabic paraphrase, found in a ms. in the Bodleian Library, the Council of Nice must have put forth three books of canons.. . .The Arabic paraphrase of which we are speaking gives a paraphrase of all these canons, but Beveridge took only the part referring to the second book-that is to say, the paraphrase of the twenty genuine canons; for, according to his view, which was perfectly correct, it was only these twenty canons which were really the work of the Council of Nice, and all the others were falsely attributed to it."hyperlink
Hefele goes on to prove that the canons he rejects must be of much later origin, some being laws of the times of Theodosius and Justinian according to the opinion of Renaudot.hyperlink
Before leaving this point I should notice the profound research on these Arabic canons of the Maronite, Abraham Echellensis. He gives eighty-four canons in his Latin translation of 1645, and was of opinion that they had been collected from different Oriental sources, and sects; but that originally they had all been translated from the Greek, and were collected by James, the celebrated bishop of Nisibis, who was present at Nice. But this last supposition is utterly untenable.
Among the learned there have not been wanting some who have held that the Council of Nice passed more canons than the twenty we possess, and have arrived at the conclusion independently of the Arabic discovery, such are Baronius and Card. d'Aguirre, but their arguments have been sufficiently answered, and they cannot present anything able to weaken the conclusion that flows from the consideration of the following facts. (Hefele: History of the Councils, Vol. I. pp. 355 et seqq.[2ded.])
Let us see first what is the testimony of those Greek and Latin authors who lived about the time of the Council, concerning the number.
a. The first to be consulted among the Greek authors is the learned Theodoret, who lived about a century after the Council of Nicaea. He says, in his History of the Church: "After the condemnation of the Arians, the bishops assembled once more, and decreed twenty canons on ecclesiastical discipline."
b. Twenty years later, Gelasius, Bishop of Cyzicus, after much research into the most ancient documents, wrote a history of the Nicene Council. Gelasius also says expressly that the Council decreed twenty canons; and, what is more important, he gives the original text of these canons exactly in the same order, and according to the tenor which we find elsewhere.
c. Rufinus is more ancient than these two historians. He was born near the period when the Council of Nicaea was held, and about half a century after he wrote his celebrated history of the Church, in which he inserted a Latin translation of the Nicene canons. Rufinus also knew only of these twenty canons; but as he has divided the sixth and the eighth into two parts, he has given twenty-two canons, which are exactly the same as the twenty furnished by the other historians.
d. The famous discussion between the African bishops and the Bishop of Rome, on the subject of appeals to Rome, gives us a very important testimony on the true number of the Nicene canons. The presbyter Apiarius of Sicca in Africa, having been deposed for many crimes, appealed to Rome. Pope Zosimus (417-418) took the appeal into consideration, sent legates to Africa; and to prove that he had the right to act thus, he quoted a canon of the Council of Nicaea, containing these words: "When a bishop thinks he has been unjustly deposed by his colleagues he may appeal to Rome, and the Roman bishop shall have the business decided by judices in partibus." The canon quoted by the Pope does not belong to the Council of Nicaea, as he affirmed; it was the fifth canon of the Council of Sardica (the seventh in the Latin version). What explains the error of Zosimus is that in the ancient copies the canons of Nicaea and Sardica are written consecutively, with the same figures, and under the common title of canons of the Council of Nicaea; and Zosimus might optima fide fall into an error-which he shared with Greek authors, his contemporaries, who also mixed the canons of Nicaea with those of Sardica. The African bishops, not finding the canon quoted by the Pope either in their Greek or in their Latin copies, in vain consulted also the copy which Bishop Cecilian, who had himself been present at the Council of Nicaea, had brought to Carthage. The legates of the Pope then declared that they did not rely upon these copies, and they agreed to send to Alexandria and to Constantinople to ask the patriarchs of these two cities for authentic copies of the canons of the Council of Nicaea. The African bishops desired in their turn that Pope Boniface should take the same step (Pope Zosimus had died meanwhile in 418)-that he should ask for copies from the Archbishops of Constantinople, Alexandria, and Antioch. Cyril of Alexandria and Atticus of Constantinople, indeed, sent exact and faithful copies of the Creed and canons of Nicaea; and two learned men of Constantinople, Theilo and Thearistus, even translated these canons into Latin. Their translation has been preserved to us in the acts of the sixth Council of Carthage, and it contains only the twenty ordinary canons. It might be thought at first sight that it contained twenty-one canons; but on closer consideration we see, as Hardouin has proved, that this twenty-first article is nothing but an historical notice appended to the Nicene canons by the Fathers of Carthage. It is conceived in these terms: "After the bishops had decreed these rules at Nicaea, and after the holy Council had decided what was the ancient rule for the celebration of Easter, peace and unity of faith were re-established between the East and the West. This is what we (the African bishops) have thought it right to add according to the history of the Church."
The bishops of Africa despatched to Pope Boniface the copies which had been sent to them from Alexandria and Constantinople, in the month of November 419; and subsequently in their letters to Celestine I. (423-432), successor to Boniface, they appealed to the text of these documents.
e. All the ancient collections of canons, either in Latin or Greek, composed in the fourth, or quite certainly at least in the fifth century, agree in giving only these twenty canons to Nicaea. The most ancient of these collections were made in the Greek Church, and in the course of time a very great number of copies of them were written. Many of these copies have descended to us; many libraries possess copies; thus Montfaucon enumerates several in his Bibliotheca Coisliniana. Fabricius makes a similar catalogue of the copies in his Bibliotheca Groeca to those found in the libraries of Turin, Florence, Venice, Oxford, Moscow, etc.; and he adds that these copies also contain the so-called apostolic canons, and those of the most ancient councils. The French bishop John Tilius presented to Paris, in 1540, a ms. of one of these Greek collections as it existed in the ninth century. It contains exactly our twenty canons of Nicaea, besides the so-called apostolic canons, those of Ancyra, etc. Elias Ehmger published a new edition at Wittemberg in 1614, using a second ms. which was found at Augsburg; but the Roman collection of the Councils had before given in 1608, the Greek text of the twenty canons of Nicaea. This text of the Roman editors, with the exception of some insignificant variations, was exactly the same as that of the edition of Tilius. Neither the learned Jesuit Sirmond nor his coadjutors have mentioned what manuscripts were consulted in preparing this edition; probably they were manuscripts drawn from several libraries, and particularly from that of the Vatican. The text of this Roman edition passed into all the following collections, even into those of Hardouin and Mansi; while Justell in his Bibliotheca juris Canonici and Beveridge in his Synodicon (both of the eighteenth century), give a somewhat different text, also collated from mss., and very similar to the text given by Tilius. Bruns, in his recent Bibliotheca Ecclesiastica, compares the two texts. Now all these Greek mss., consulted at such different times, and by all these editors, acknowledge only twenty canons of Nicaea, and always the same twenty which we possess.
The Latin collections of the canons of the Councils also give the same result-for example, the most ancient and the most remarkable of all, the Prisca, and that of Dionysius the Less, which was collected about the year 500. The testimony of this latter collection is the more important for the number twenty, as Dionysius refers to the Groeca auctoritas.
f. Among the later Eastern witnesses we may further mention Photius, Zonaras and Balsamon. Photius, in his Collection of the Canons, and in his Nomocanon, as well as the two other writers in their commentaries upon the canons of the ancient Councils, quote only and know only twenty canons of Nicaea, and always those which we possess.
g. The Latin canonists of the Middle Ages also acknowledge only these twenty canons of Nicaea. We have proof of this in the celebrated Spanish collection, which is generally but erroneously attributed to St. Isidore (it was composed at the commencement of the seventh century), and in that of Adrian (so called because it was offered to Charles the Great by Pope Adrian I). The celebrated Hincmar, Archbishop of Rheims, the first canonist of the ninth century, in his turn attributes only twenty canons to the Council of Nicaea, and even the pseudo-Isidore assigns it no more.
I add for the convenience of the reader the captions of the Eighty Canons as given by Turrianus, translating them from the reprint in Labbe and Cossart, Concilia, Tom. II. col. 291. The Eighty-four Canons as given by Echellensis together with numerous Constitutions and Decrees attributed to the Nicene Council are likewise to be found in Labbe (ut supra, col. 318).
Footnotes
1 Vide Labbe. Conc. ii. 287.
2 Who exactly these Orientals were Hefele does not specify, but Ffoulkes well points out (Dict. Christ. Antiq. sub voce Counclis of Nicea) that it is an entire mistake to suppose that the Greek Church "ever quoted other canons [than the xx] as Nicene `by mistake,
0' which were not Nicene, as popes Zosimus, Innocent and Leo did."
