13. That they of the priesthood and clergy, or even laity, ought-not to club together for great eating and drinking bouts.' The duties of the various ranks of the clergy; were strictly defined, and firm laws laid down for their guidance. They were not allowed to leave their station without permission, but were to reside in their cure, deserters being condemned by a law of Justinian to forfeit their estates; but they could resign in certain circumstances, and a retiring or canonical pension was sometimes granted. They could not remove from one diocese to another without letters dimissory, nor could they possess pluralities, or hold office in two dioceses. It was forbidden them to engage in secular employments, or attend fairs and markets, nor could they become pleaders in courts of law. They were expected to lead a studious life, their principal book being the Scriptures, while heathen and heretical treatises were only allowed them as occasion served. Bishops could not be ‘tutors and governors,' but the inferior clergy might, under certain limitations. After the example of Paul, some of the lower clergy might support themselves, or fill up their leisure by some secular occupation. Severe laws were passed against what are called wandering clergy — vacantivi, who appear to have been often fugitives from discipline, without character or certificate. If a clergyman died without heirs, his estates fell to the Church, so the Council of Agde in 500 ruled. By a law of Theodosius and Valentinian III, the goods of any of the clergy dying intestate went in the same way” (Eadie, s.v.).
14. Election of the Clergy. — “Some assume that in the early Church the people had no other power than to give their testimonials to the persons elected, or to make exceptions, if they had any just and reasonable objections to urge; others say that the people were absolute and proper electors, and this from apostolical right, and that they enjoyed this for a succession of ages. That the people had a voice in the elections is evident from several circumstances. No bishop could be intruded upon a Church against the consent of the members: in case the majority of a Church consisted of heretics or schismatics, the practice differed. In many instances recorded in ecclesiastical history the voices of the people prevailed against the bishops themselves. In addition, we have the words used by the people in the decision, such as
ἄîéïò
or
ἀíÜîéïò
, dignus or indignus; and instances in which persons were brought by force to the bishop to be ordained, or were elected to the office by acclamation. It was decided by the fourth Council of Carthage that as the bishop might not elect clerks without the advice of his clergy, so likewise he should secure the consent, cooperation, and testimony of the people.
The popular elections, however, became scenes of great disorder and abuse. A remarkable passage from Chrysostom (De Sacerd.) has been frequently quoted, and applies more or less to such elections, not only in Constantinople, but also in Rome, Alexandria, Antioch, and other large cities. He says: ‘Go and witness the proceedings at our public festivals, in which, more especially, according to established rule, the elections of ecclesiastical officers take place. You will find there complaints raised against the minister as numerous and as various in their character as the multitude of those who are the subject of church-government. For all those in whom the right of election is vested split into factions. It is evident that there is no good understanding, either among themselves, or with the appointed president, or with the presbytery.
One supports one man, and one another. And the reason of this is, that they all neglect to look at that point which they ought to consider, namely, the intellectual and moral qualifications of the person to be elected. There are other points by which their choice is determined. One, for instance, says, “It is necessary to elect a person who is of a good family.” Another would choose a wealthy person, because he would not require to be supported out of the revenues of the Church. A third votes for a person who has come over from some opposite party. A fourth uses his influence in favor of a relative or friend. While another lends his influence to one who has won upon him by fair speeches and plausible pretensions.' In order to set aside these abuses, some bishops claimed an exclusive right of appointing to spiritual offices. In this way they gave offense to the people. In the Latin and African churches an attempt was made to secure greater simplicity in elections by introducing visiters. This did not, however, long continue. Another plan was to vest the election in members of the lay aristocracy. But the determining who these should be was left to caprice or accident; and the result was that the right of election was taken out of the hands of the people, and vested partly in the hands of the ruling powers and partly with the clergy, who exercised their right either by the bishops, their suffragans and vicars, or by collegiate meetings, and this very often without paying any regard to the Church or diocese immediately concerned. Sometimes the extraordinary mode of a bishop's designating his successor was adopted; or some one unconnected with the diocese, to whom a doubtful caste had been referred for decision, was allowed to nominate. Butin these cases the consent of the people was presupposed. Patronage has prevailed since the fifth century; but the complete development of this, system was a work of the eighth and ninth centuries” SEE PATRONAGE. — Coleman, Christian Antiquities, ch. 3; Farrar, Ecclesiastes Dictionary, s.v. Election; Bingham, Orig. Ecclesiastes bk. 4, chap. 2; Henry, Ch. Antiq. bk. 2, ch. 1; Wetzer u. Welte, Kirchen-Lex. 1, 630; Herzog, Real-Encykcop. s.v. Geistliche. SEE ECCLESIASTICAL POLITY.