Church Fathers: Post-Nicene Fathers Vol 14: 34.01.05 Arabic Cannons

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Church Fathers: Post-Nicene Fathers Vol 14: 34.01.05 Arabic Cannons



TOPIC: Post-Nicene Fathers Vol 14 (Other Topics in this Collection)
SUBJECT: 34.01.05 Arabic Cannons

Other Subjects in this Topic:

Canon I.hyperlink

Insane persons and energumens should not be ordained.

Canon II.

Bond servants are not to be ordained.

Canon III.

Neophytes in the faith are not to be ordained to Holy Orders before they have a knowledge of Holy Scripture. And such, if convicted after their ordination of grave sin, are to be deposed with those who ordained them.

Canon IV.

The cohabitation of women with bishops, presbyters, and deacons prohibited on account of their celibacy.

We decree that bishops shall not live with women; nor shall a presbyter who is a widower; neither shall they escort them; nor be familiar with them, nor gaze upon them persistently. And the same decree is made with regard to every celibate priest, and the sameconcerning such deacons as have no wives.And this is to be the case whether the womanbe beautiful or ugly, whether a young girl or beyond the age of puberty, whether great inbirth, or an orphan taken out of charity under pretext of bringing her up. For the devil with such arms slays religious, bishops, presbyters, and deacons, and incites them to the fires of desire. But if she be an old woman, and of advanced age, or a sister, or mother, or aunt, or grandmother, it is permitted to live with these because such persons are free from all suspicion of scandal.hyperlink

Canon V.

Of the election of a bishop and of the confirmation of the election.

Canon VI.

That those excommunicated by one bishop are not to be received by another; and that those whose excommunication has been shown to have been unjust should be absolved by the archbishop or patriarch.

Canon VII.

That provincial Councils should be held twice a year, for the consideration of all things affecting the churches of the bishops of the province.

Canon VIII.

Of the patriarchs of Alexandria and Antioch, and of their jurisdiction.

Canon IX.

Of one who solicits the episcopate when the people do not wish him; or if they do desire him, but without the consent of the archbishop.

Canon X.

How the bishop of Jerusalem is to be honoured, the honour, however, of the metropolitan church of Caesarea being preserved intact, to which he is subject.

Canon XI.

Of those who force themselves into the order of presbyters without election or examination.

Canon XII.

Of the bishop who ordains one whom he understands has denied the faith; also of one ordained who after that he had denied it, crept into orders.

Canon XIII.

Of one who of his own will goes to another church, having been chosen by it, and does not wish afterwards to stay there.

Of taking pains that he be transferred from his own church to another.

Canon XIV.

No one shall become a monk without the bishop's license, and why a license is required.

Canon XV.

That clerics or religious who lend on usury should be cast from their grade.

Canon XVI.

Of the honour to be paid to the bishop and to a presbyter by the deacons.

Canon XVII.

Of the system and of the manner of receiving those who are converted from the heresy of Paul of Samosata.

Canon XVIII.

Of the system and manner of receiving those who are converted from the heresy the Novatians.

Canon XIX.

Of the system and manner of receiving those who return after a lapse from the faith, and of receiving the relapsed, and of those brought into peril of death by sickness before their penance is finished, and concerning such as are convalescent.

Canon XX.

Of avoiding the conversation of evil workers and wizards, also of the penance of them that have not avoided such.

Canon XXI.

Of incestuous marriages contrary to the law of Spiritual relationship, and of the penance of such as are in such marriages.

[The time of penance fixed is twenty years, only godfather and godmother are mentioned, and nothing is said of separation.]

Canon XXII.

Of sponsors in baptism.

Men shall not hold females at the font, neither women males; but women females, and men males.

Canon XXIII.

Of the prohibited marriages of spiritual brothers and sisters from receiving them in baptism.

Canon XXIV.

Of him who has married two wives at the same time, or who through lust has added another woman to his wife; and of his punishment.

Part of the canon. If he be a priest he is forbidden to sacrifice and is cut off from the communion of the faithful until he turn out of the house the second woman, and he ought to retain the first.

Canon XXV.

That no one should be forbidden Holy Communion unless such as are doing penance.

Canon XXVI.

Clerics are forbidden from suretyship or witness-giving in criminal causes.

Canon XXVII.

Of avoiding the excommunicate, and of not receiving the oblation from them; and of theexcommunication of him who does not avoid the excommunicated.

Canon XXVIII.

How anger, indignation, and hatred should be avoided by the priest, especially because he has the power of excommunicating others.

Canon XXIX.

Of not kneeling in prayer.

Canon XXX.

Of giving [only] names of Christians in baptism, and of heretics who retain the faith in the Trinity and the perfect form of baptism; and of others not retaining it, worthy of a worse name, and of how such are to be received when they come to the faith.

Canon XXXI.

Of the system and manner of receiving converts to the Orthodox faith from the heresy of Arius and of other like.

Canon XXXII.

Of the system of receiving those who have kept the dogmas of the faith and the Church's laws, and yet have separated from us and afterwards come back.

Canon XXXIII.

Of the place of residence of the Patriarch, and of the honour which should be given tothe bishop of Jerusalem and to the bishop of Seleucia.

Canon XXXIV.

Of the honour to be given to the Archbishop of Seleucia in the Synod of Greece.

Canon XXXV.

Of not holding a provincial synod in the province of Persia without the authority of the patriarch of Antioch, and how the bishops of Persia are subject to the metropolitans of Antioch.

Canon XXXVI.

Of the creation of a patriarch for Ethiopia, and of his power, and of the honour to be paid him in the Synod of Greece.

Canon XXXVII.

Of the election of the Archbishop of Cyprus, who is subject to the patriarch of Antioch.

Canon XXXVIII.

That the ordination of ministers of the Church by bishops in the dioceses of strangers is forbidden.

Canon XXXIX.

Of the care and power which a Patriarch has over the bishops and archbishops of his patriarchate; and of the primacy of the Bishop of Rome over all.

Let the patriarch consider what things are done by the archbishops and bishops in their provinces; and if he shall find anything done by them otherwise than it should be, let him change it, and order it, as seemeth him fit: for he is the father of all, and they are his sons. And although the archbishop be among the bishops as an elder brother, who hath the care of his brethren, and to whom they owe obedience because he is over them; yet the patriarch is to all those who are under his power, just as he who holds the seat of Rome, is the head and prince of all patriarchs; in-asmuch as he is first, as was Peter, to whompower is given over all Christian princes, andover all their peoples, as he who is the Vicarof Christ our Lord over all peoples and over the whole Christian Church, and whoever shall contradict this, is excommunicated by the Synod.hyperlink

[I add Canon XXXVII. of Echellensis's Nova Versio LXXXIV. Arabic. Canonum Conc. Nicoeni, that the reader may compare it with the foregoing.]

Let there be only four patriarchs in the whole world as there are four writers of the Gospel, and four rivers, etc. And let there be a prince and chief over them, the lord of the see of the Divine Peter at Rome, according as the Apostles commanded. And after him the lord of the great Alexandria, which is the see of Mark. And the third is the lord of Ephesus, which is the see of John the Divine who speaks divine things. And the fourth and last is my lord of Antioch, which is another see of Peter. And let all the bishops be divided under the hands of these four patriarchs; and the bishops of the little townswhich are under the dominion of the greatcities let them be under the authority of these metropolitans. But let every metropolitan of these great cities appointthe bishops of his province, but let none of the bishops appoint him, for he is greater than they. Therefore let every man know his own rank, and let him not usurp the rank of another. And whosoever shall contradict this law which wehave established the Fathers of the Synodsubject him to anathema.hyperlink

Canon XL.

Of the provincial synod which should be held twice every year, and of its utility; together with the excommunication of such as oppose the decree.

Canon XLI.

Of the synod of Archbishops, which meets once a year with the Patriarch, and of its utility; also of the collection to be made for the support of the patriarch throughout the provinces and places subject to the patriarch.

Canon XLII.

Of a cleric or monk who when fallen into sin, and summoned once, twice, and thrice, does not present himself for trial.

Canon XLIII.

What the patriarch should do in the case of a defendant set at liberty unpunished by the decision of the bishop, presbyter, or even of a deacon, as the case may be.

Canon XLIV.

How an archbishop ought to give trial to one of his suffragan bishops.

Canon XLV.

Of the receiving of complaints and condemnation of an archbishop against his patriarch.

Canon XLVI.

How a patriarch should admit a complaint; or judgment of an Archbishop against an Archbishop.

Canon XLVII.

Of those excommunicated by a certain one, when they can be and when they cannot be absolved by another.

Canon XLVIII.

No bishop shall choose his own successor.

Canon XLIX.

No simoniacal ordinations shall be made.

Canon L.

There shall be but one bishop of one city, and one parochus of one town; also the incumbent, whether bishop or parish priest, shall not be removed in favour of a successor desired by some of the people unless he has been convicted of manifest crime.

Canon LI.

Bishops shall not allow the separation of a wife from her husband on account of discord-[in American, "incompatibility of temper"].

Canon LII.

Usury and the base seeking of worldly gain is forbidden to the clergy, also conversation and fellowship with Jews.

Canon LIII.

Marriages with infidels to be avoided.

Canon LIV.

Of the election of a chorepiscopus, and of his duties in towns, and villages, and monasteries.

Canon LV.

How a chorepiscopus should visit the churches and monasteries which are under his jurisdiction.

Canon LVI.

Of how the presbyters of the towns and villages should go twice a year with their chorepiscopus to salute the bishop, and how religious should do so once a year from theirmonasteries, and how the new abbot of a monastery should go thrice.

Canon LVII.

Of the rank in sitting during the celebration of service in church by the bishop, the archdeacon and the chorepiscopus; and of the office of archdeacon, and of the honour due the archpresbyter.

Canon LVIII.

Of the honour flue the archdeacon and the chorepiscopus when they sit in church during the absence of the bishop, and when they go about with the bishop.

Canon LIX.

How all the grades of the clergy and their duties should be publicly described and set forth.

Canon LX.

Of how men are to be chosen from the diocese for holy orders, and of how they should be examined.

Canon LXI.

Of the honour due to the deacons, and how the clerics must not put themselves in their way.

Canon LXII.

The number of presbyters and deacons isto be adapted to the work of the church and to its means.

Canon LXIII.

Of the Ecclesiastical Economist and of the others who with him care for the church's possessions.

Canon LXIV.

Of the offices said in the church, the night and day offices, and of the collect for all those who rule that church.

Canon LXV.

Of the order to be observed at the funeral of a bishop, of a chorepiscopus and of an archdeacon, and of the office of exequies.

Canon LXVI.

Of taking a second wife, after the former one has been disowned for any cause, or even not put away, and of him who falsely accuseshis wife of adultery. If any priest or deacon shall put away his wife on account of her fornication, or for othercause, as aforesaid, or cast her out of doors for external good, or that he may change her for another more beautiful, or better, or richer, or does so out of his lust which is displeasing to God; and after she has been put away for any of these causes he shall contract matrimony with another, or without having put her away shall take another, whether free or bond; and shall have both equally, they living separately and he sleeping every night with one or other of them, or else keeping both in the same house and bed, let him be deposed. If he were a layman let him be deprived of communion. But if anyone falsely defames his wife charging her with adultery, so that he turns her out of doors, the matter must be diligently examined; and if the accusation was false, he shall be deposed if a cleric, but if a layman shall be prohibited from entering the church and from the communion of the faithful; and shall be compelled to live with her whom he has defamed, even though she be deformed, and poor, and insane; andwhoever shall not obey is excommunicated by the Synod.

[Note.-The reader will notice that by this canon a husband is deposed or excommunicated, as the case may be, if he marry another woman, after putting away his wife on account of her adultery. It is curious that in the parallel canon in the collection of Echellensis, which is numbered LXXI., the reading is quite different, although it is very awkward and inconsequent as given. Moreover, it should be remembered that in some codices and editions this canon is lacking altogether, one on the right of the Pope to receive appeals taking its place. As this canon is of considerable length, I only quote the interesting parts.]

Whatever presbyter or deacon shall put away his wife without the offence of fornica- tion, or for any other cause of which we have spoken above, and shall east her out of doors . . . such a person shall be east out of the clergy, if he were a clergyman; if a layman he shall be forbidden the communion of the faithful.. . . But if that woman [untruly charged by her husband with adultery], that is to say his wife, spurns his society on account of the injury he has done her and the charge he has brought against her, of which she is innocent, let her freely be put awayand let a bill of repudiation be written for her, noting the false accusation which had been brought against her. And then if she should wish to marry some other faithful man, it is right for he; to do so, nor does the Church forbid it; and the same permission extends as well to men as to women, since there is equal reason for it for each. But if he shall return to better fruit which is of thesame kind, and shall conciliate to himself the love and benevolence of his consort, and shall be willing to return to his pristine friendship, his fault shall be condoned to him after he has done suitable and sufficient penance.And whoever shall speak against this decree the fathers of the synod excommunicate him.

Canon LXVII.

Of having two wives at the same time, and of a woman who is one of the faithful marrying an infidel; and of the form of receiving her to penance.[Her reception back is conditioned upon her leaving the infidel man.]

Canon LXVIII.

Of giving in marriage to an infidel a daughter or sister without her knowledge and contrary to her wish.

Canon LXIX.

Of one of the faithful who departs from the faith through lust and love of an infidel; and of the form of receiving him back, or admitting him to penance.

Canon LXX.

Of the hospital to be established in every city, and of the choice of a superintendent and concerning his duties. [It is interesting to note that one of theduties of the superintendent is- "That if thegoods of the hospital are not sufficient for its expenses, he ought to collect all the time and from all Christians provision according to the ability of each."]

Canon LXXI.

Of the placing a bishop or archbishop in hischair after ordination, which is enthronization.

Canon LXXII.

No one is allowed to transfer himself to another church [i.e., diocese] than that in which he was ordained; and what is to be done in the case of one cast out forcibly without any blame attaching to him.

Canon LXXIII.

The laity shall not choose for themselves priests in the towns and villages without the authority of the chorepiscopus; nor an abbot for a monastery; and that no one should give commands as to who should be elected hissuccessor after his death, and when this is lawful for a superior.

Canon LXXIV.

How sisters, widows, and deaconesses should be made to keep their residence in their monasteries; and of the system of instructing them; and of the election of deaconesses, and of their duties and utility.

Canon LXXV.

How one seeking election should not be chosen, even if of conspicuous virtue; and how the election of a layman to the aforesaid grades is not prohibited, and that those chosen should not afterward be deprived before their deaths, except on account of crime.

Canon LXXVI.

Of the distinctive garb and distinctive names and conversation of monks and nuns.

Canon LXXVII.

That a bishop convicted of adultery or of other similar crime should be deposed without hope of restoration to the same grade; but shall not be excommunicated.

Canon LXXVIII.

Of presbyters and deacons who have fallen only once into adultery, if they have never been married; and of the same when fallen as widowers, and those who have fallen, all the while having their own wives. Also of those who return to the same sin as well widowers as those having living wives; and which of these ought not to be received to penance, and which once only, and which twice.

Canon LXXIX.

Each one of the faithful while his sin is yet not public should be mended by private exhortation and admonition; if he will not profit by this, he must be excommunicated.

Canon LXXX.

Of the election of a procurator of the poor, and of his duties.



Footnotes



1 Turrianus calls them "Chapters".



2 I have trsnslated this canon in full because the caption did not seem to give fairly its meaning. In Labbe will be found a long and most curious note.



3 I have translated the whole canon literally; the reader will judge of its antiquity.



4 Canon XXXIX. of this series has nothing to do with the Patriarchs or with the see of Rome and its prerogatives.





Proposed Action on Clerical Celibacy.

[The Acts are not extant.]

Notes.

Often the mind of a deliberative assembly is as clearly shown by the propositions it rejects as by those it adopts, and it would seem that thisdoctrine is of application in the case of the asserted attempt at this Council to pass a decree forbidding the priesthood to live in the use of marriage. This attempt is said to have failed. The particulars are as follows:

Hefele.

(Hist. Councils, Vol. I., pp. 435 et seqq.)

Socrates, Sozomen, and Gelasius affirm that the Synod of Nicaea, as well as that of Elvira (can. 33), desired to pass a law respecting celibacy. This law was to forbid all bishops, priests and deacons (Sozomen adds subdeacons), who were married at the time of their ordination, to continue to live with their wives. But, say these historians, the law was opposed openly and decidedly by Paphnutius, bishop of a city of the Upper Thebais in Egypt, a man of a high reputation, who had lost an eye during the persecution under Maximian. He was also, celebrated for his miracles, and was held in so great respect by the Emperor, that the latter often kissed the empty socket of the lost eye. Paphnutius declared with a loud voice, "that too heavy a yoke ought not to be laid upon the clergy; that marriage and married intercourse are of themselves honourable and undefiled; that the Church ought not to be injured by an extreme severity, for all could not live in absolute continency: in this way (by not prohibiting married intercourse) the virtue of the wife would be much more certainly preserved (viz the wife of a clergyman, because she might find injury elsewhere, if her husband withdrew from her married intercourse). The intercourse of a man with his lawful wife may also be a chaste intercourse. It would therefore be sufficient, according to the ancient tradition of the Church, if those who had taken holy orders without being married were prohibited from marrying afterwards; but those clergymen who had been married only once as laymen, were not to be separated from their wives (Gelasius adds, or being only a reader or cantor)." This discourse of Paphnutius made so much the more impression, because he had never lived in matrimony himself, and had had no conjugal intercourse.Paphnutius, indeed, had been brought up in a monastery, and his great purity of manners had rendered him especially celebrated.Therefore the Council took the serious words of the Egyptian bishop into consideration, stopped all discussion upon the law, and left to each cleric the responsibility of deciding the point as he would.

If this account be true, we must conclude that a law was proposed to the Council of Nicaea the same as one which had been carried twenty years previously at Elvira, in Spain; this coincidence would lead us to believe that it was the Spaniard Hosius who proposed the law respecting celibacy at Nicaea. The discourse ascribed to Paphnutius, and the consequent decision of the Synod, agree very well with the text of the Apostolic Constitutions, and with the whole practice of the Greek Church in respect to celibacy. The Greek Church as well as the Latin accepted the principle, that whoever had taken holy orders before marriage, ought not to be married afterwards. In the Latin Church, bishops, priests, deacons. and even subdeacons, were considered to be subject to this law, because the latter were at a very early period reckoned among the higher servants of the Church, which was not the case in the Greek Church. The Greek Church went so far as to allow deacons to marry after their ordination, if previously to it they had expressly obtained from their bishop permission to do so. The Council of Ancyra affirms this (c. 10). We see thatthe Greek Church wishes to leave the bishop free to decide the matter; but in reference to priests, it also prohibited them from marrying after their ordination. Therefore, whilst the Latin Church exacted of those presenting themselves for ordination, even as subdeacons, that they should not continue to live with their wives if they were married, the Greek Church gave no such prohibition; but if the wife of an ordained clergyman died, the Greek Church allowed no second marriage. The Apostolic Constitutions decided this point in the same way. To leave their wives from a pretext of piety was also forbidden to Greek priests; and the Synod of Gangra (c. 4) took up the defence of married priests against the Eustathians. Eustathius, however, was not alone among the Greeks in opposing the marriage of all clerics, and in desiring to introduce into the Greek Church the Latin discipline on this point. St. Epiphanius also inclined towards this side. The Greek Church did not, however, adopt this rigour in reference to priests, deacons, and subdeacons, but by degrees it came to be required of bishops and of the higher order of clergy in general, that they should live in celibacy. Yet this was not until after the compilation of the Apostolic Canons (c. 5) and of the Constitutions; for in those documents mention is made of bishops living in wedlock, and Church history shows that there were married bishops. for instance Synesius, in the fifth century. But it is fair to remark, even as to Synesius, that he made it an express condition of his acceptation, on his election to the episcopate, that he might continue to live the married life. Thomassin believes that Synesius did not seriously require this condition, and only spoke thus for the sake of escaping the episcopal office; which would seem to imply that in his time Greek bishops had already begun to live in celibacy. At the Trullan Synod (c. 13.) the Greek Church finally settled the question of the marriage of priests. Baro-nius, Valesius, and other historians, have considered the account of the part taken by Paphnutius to be apocryphal. Baronius says, that as the Council of Nicaea in its third canon gave a law upon celibacy it is quite impossible to admit that it would alter such a law on account of Paphnutius. But Baronius is mistaken in seeing a law upon celibacy in that third canon; he thought it to be so, because, when mentioning the women who might live in the clergyman's house-his mother, sister, etc.-the canon does not say a word about the wife. It had no occasion to mention her, it was referring to the suneisa/ktoi whilst these suneisa/ktoi and married women have nothing in common. Natalis Alexander gives this anecdote about Paphnutius in full: he desired to refute Ballarmin, who considered it to be untrue and an invention of Socrates to please the Novatians. Natalis Alexander often maintains erroneous opinions, and on thepresent question he deserves no confidence. If, as St. Epiphanius relates, the Novatians maintained that the clergy might be married exactly like the laity, it cannot be said that Socrates shared that opinion, since he says, or rather makes Paphnutius say, that, according to ancient tradition, those not married at the time of ordination should not be so subsequently. Moreover, if it may be said that Socrates had a partial sympathy with the Novatians, he certainly cannot be considered as belonging to them, still less can he be accused of falsifying history in their favour. He may sometimes have propounded erroneous opinions, but there is a great difference between that and the invention of a whole story. Valesius especially makes use of the argument ex silentio against Socrates. (a) Rufinus, he says, gives many particulars about Paphnutius in his History of the Church; he mentions his martyrdom, his miracles, and the Emperor's reverence for him, but not a single word of the business about celibacy. (b) The name of Paphnutius is wanting in the list of Egyptian bishops present at the Synod. These two arguments of Valesius are weak; the second has the authority of Rufinus himself against it, who expressly says that Bishop Paphnutius was present at the Council of Nicaea. If Valesius means by lists only the signatures at the end of the acts of the Council, this proves nothing; for these lists are very imperfect, and it is well known that many bishops whose names are not among these signatures were present at Nicaea. This argument ex silentio is evidently insufficient to prove that the anecdote about Paphnutius must be rejected as false, seeing that it is in perfect harmony with the practice of the ancient Church, and especially of the Greek Church, on the subject of clerical marriages. On the other hand, Thomassin pretends that there was no such practice, and endeavours to prove by quotations from St. Epiphanius, St. Jerome, Eusebius, and St. John Chrysostom, that even in the East priests who were married at the time of their ordination were prohibited from continuing to live with their wives. The texts quoted by Thomassin prove only that the Greeks gave especial honour to priests living in perfect continency, but they do not prove that this continence was a duty incumbent upon all priests; and so much the less, as the fifth and twenty-fifth Apostolic canons, the fourth canon of Gangra, and the thirteenth of the Trullan Synod, demonstrate clearly enough what was the universal custom of the Greek Church on this point. Lupus and Phillips explained the words of Paphnutius in another sense. According to them, the Egyptian bishop was not speaking in a general way; he simply desired that the contemplated law should not include the subdeacons. But this explanation does not agree with the extracts quoted from Socrates, Sozomen, and Gelasius, who believe Paphnutius intended deacons and priests as well.