Canon Law & Easter Computus 2 part 6/11

This also pleases all: that whether a deacon, or a presbyter, or any of the clerics has been deprived of communion by his own bishop, and has gone to another bishop, and the one to whom he flees knows that he has been cast out by his own bishop, it is not fitting that he grant him communion: but if he does so, let him know that he will have to plead his cause before an assembly of convened bishops. All said: This statute will both preserve peace and guard concord. On the excommunicated being heard by neighboring bishops. XVII. Bishop Osius said:

What still moves me I ought not to keep silent: if a bishop, who perhaps being irascible (which he ought not to be), is quickly and harshly stirred against his presbyter or his deacon, and wishes to expel him from the Church, provision must be made lest an innocent man be condemned or lose communion: and therefore let him who has been cast out have the power to appeal to the neighboring bishops, and let his case be heard and more diligently examined, because one ought not to deny a hearing to him who asks; and let that bishop who cast him out, justly or unjustly, patiently accept that the matter be examined, so that his sentence may either be approved by the majority or be corrected.

Nevertheless, before all things are diligently and faithfully examined, no one ought to presume, before the inquiry, to admit to communion the man who has been separated from communion. But those who assemble to hear the case, if they see that it is the clerics' obstinacy and pride, should chastise them with more severe words, because it is not fitting that a bishop suffer injury or insult, so that they may obey the bishop who commands what is honorable, who, just as he ought to show to the clerics a sincere love of charity, so likewise in turn the ministers ought to show unfeigned obedience to their bishop. On not enticing away another's clerics. XVIII. Bishop Januarius said:

Let your holiness also establish this: that it be lawful to no bishop to entice away the ecclesiastical minister of another bishop's city and to ordain him in his own parishes. All said: It is agreed, because from these contentions discord is wont to arise, and therefore the judgment of all forbids that anyone should dare to do this. That another's clerics are not to be ordained without the consent of their own bishop. XIX. Bishop Osius said: This too we all establish: that whoever from another parish wishes to ordain another's minister without the consent and will of that very bishop, his ordination shall not be valid. And whoever usurps this ought both to be admonished and corrected by our brethren and fellow-bishops.

On the presbyters and deacons who come to Thessalonica, how long they may stay there. XX. Bishop Aetius said: You are not ignorant how great and of what kind is the city of the Thessalonians; often presbyters and deacons come to it from other regions, and they are not content to stay a short time, but either reside there, or at any rate are scarcely compelled to return to their own homes after long periods. All said: The times which have been established concerning bishops ought to be observed concerning these persons also. On receiving those who suffer persecution. XXI. Bishop Osius said:

At the suggestion of our brother and fellow-bishop Olympius, this also was decided: that if anyone has suffered violence and been unjustly expelled, for the sake of discipline and the Catholic confession or the defense of the truth, and, fleeing dangers, innocent and devout, has come to another city, he should not be forbidden to stay, until either he can return, or his injury has received a remedy, because it is hard that he who suffers persecution should not be received; rather, even generous benevolence and humanity should be shown to him. Here end the canons or decrees of the Council of Sardica. And all the bishops subscribed thus: I, such-and-such, bishop of such-and-such a city and of such-and-such a province, so believe as is written above.

After the consulship of the most glorious emperors Honorius for the twelfth time and Theodosius for the eighth time, the Augusti, on the eighth day before the Kalends of June, at Carthage, in the secretarium of the basilica of Faustus, when Pope Aurelius, together with Valentinus of the primatial see of the province of Numidia, Faustinus of the Church of Potentia in the province of Italy of Picenum, legate of the Roman Church, and also the legates of the various African provinces, that is of the two Numidias, of Byzacena, of Mauretania Caesariensis, and also of Tripolitania, and Vincentius of Culusi, Fortunatianus, and the other bishops of the proconsular province, two hundred and seventeen in number, being seated, as also Philip and Asellus, presbyters and legates of the Roman Church, when they had sat down together, with the deacons standing by, Bishop Aurelius said:

After the day appointed for the council, as you remember, most blessed brethren, many things were demanded, while we awaited our brethren who have now come as legates to the present synod, things that must of necessity be joined to the acts: for which reason we give thanks to the Lord our God for the assembly of so great a congregation. It remains that both the copies of the Council of Nicaea which we now have and which were established by the Fathers, and also those things here established by our predecessors confirming the same synod, or those which were wholesomely ordained according to its form through all the grades of clerics, from the highest to the lowest, be brought forward into the midst. It was said by the whole council: Let them be brought forward. Daniel the notary read them.

The profession of faith of the Council of Nicaea, or its statutes, are as follows; and when he had spoken, Faustinus, bishop of the people of Potentia, of the province of Italy of Picenum, legate of the Roman Church, said: Some things have been enjoined upon us by the Apostolic See in writing, and some also in instructions, to be dealt with together with your beatitude, as we mentioned in the foregoing acts, that is, concerning the Nicene canons, that they be preserved, both their decrees and their custom, because some are held by order and canon, and some have been confirmed by custom.

Let us therefore deal with these first, if it please your beatitude, and afterward the rest which have been done or begun, once inserted, shall be confirmed, so that you may by your rescripts make known to the venerable See those matters concerning which it may clearly appear that we have admonished before the venerable Pope, although the chapters of the proceedings have already been inserted into the acts. Concerning these things, therefore, as I said above, we ought to do what pleases your beatitude. Let the memorandum therefore come into the midst, so that your beatitude may know what is contained in it, that response may be made to each point. Bishop Aurelius said:

Let the memorandum be brought forward, which our brethren and fellow-priests recently cited in the acts, and the rest which have been done or are to be done shall follow. Daniel the notary read: A memorandum to brother Faustinus, and to the sons Philip and Asellus, presbyters, from Bishop Zosimus. The business committed to you is not hidden from you; therefore accomplish everything as if it were our own, indeed because our presence is there in you, especially since you can have this our mandate also, and the words of the canons which we have inserted into this memorandum for fuller confirmation. For thus the brethren said in the Council of Nicaea, when they decreed concerning the appeal of bishops.

It has been decided that if a bishop has been accused, and the assembled bishops of his own region have judged and deposed him from his rank, and he seems to have appealed and has taken refuge with the most blessed bishop of the Roman Church, and has wished to be heard, and if he judges it just that the examination be renewed, let him deign to write to those bishops who are in the bordering and nearby province, that they themselves should investigate all things diligently and decide according to the faith of truth. But if anyone asks that his cause be heard again, and by your entreaty moves the Roman bishop to send a presbyter from his own side, it shall be in the power of the bishop to do what he wishes and what he judges best.

And if he should decree that those be sent who, being present with the bishops, may judge, having the authority of him by whom they were sent, it shall be at his discretion. But if he believes the bishops sufficient to bring the matter to an end, he will do what he judges by his most wise counsel. And when he was reading this, Alypius, bishop of the Church of Tagaste, legate of the province of Numidia, said: Concerning this we have already written in the earlier letters of our council, and we profess that we will observe what was established in the Council of Nicaea;

yet this still troubles me, how it is that when we examined the Greek copies of this Nicene synod, we by no means found these things there, I know not for what reason; whence we ask your veneration, holy Pope Aurelius, that since this authentic Council of Nicaea is said to be in the city of Constantinople, you would deign to send some men with the writings of your holiness, and not only to our holy brother the bishop of Constantinople, but also to the venerable priests of Alexandria and of Antioch, who may send us this council under the attestation of their letters, so that hereafter all ambiguity may be removed, because we by no means found these things as brother Faustinus brought them forward; nevertheless we profess that we will observe them for a little while, as I said before, until complete copies arrive.

Moreover, the venerable bishop of the Roman Church, Boniface, is also to be petitioned by our letters, that he too may deign to send some men to the said Churches, who should convey the same copies according to his writings; but now we join to these acts such copies of the said Council of Nicaea as we have. Bishop Faustinus, legate of the Roman Church, said: Your holiness does not thereby prejudice the Roman Church, whether concerning this chapter or concerning others, because our brother and fellow-bishop Alypius has deigned to say that the canons are doubtful:

but deign to write these very things to our holy and most blessed Pope, that he too, inquiring into the complete canons, may be able to deal with your holiness concerning all the decrees. For it suffices that the most blessed bishop of the city of Rome himself inquire, just as your holiness deals with the matter in his own quarter, lest contention seem to arise between the Churches, but rather that you may be able to deliberate in fraternal charity, with him writing back what ought better to be observed. Bishop Aurelius said: Besides those things which we have brought forth in the acts, it is necessary that we also, by the letters of our littleness, most fully make known to our holy brother and fellow-priest Boniface each of the matters we are treating.

Therefore, if our procedure pleases all, let us learn it together by the mouth of all. The whole council said: It is agreed. Novatus, bishop, legate of Mauretania Sitifensis, said: Now we recall that in this memorandum there is also contained matter concerning presbyters and deacons, namely how they ought to be heard by their own bishops or by the neighboring ones, which we by no means read in the Council of Nicaea; whence let your holiness order this very thing to be recited. Bishop Aurelius said: Let this also which is demanded be recited at the proper place. Daniel the notary read: But concerning the appeals of clerics, that is, of the lesser rank, there is a definite response of the synod itself, concerning which, what you are to do, we believe ought to be inserted, which was stated thus. Bishop Osius said:

What still moves me I ought not to keep silent. If some bishop, being perchance hot-tempered (which he ought not to be), should be quickly or harshly stirred against his presbyter or his deacon, and should wish to expel him from the Church, provision must be made lest an innocent man be condemned or lose communion: let the one who has been cast out have the power to appeal to the neighbouring bishops, that his case may be heard and more diligently examined, since it is not right to deny a hearing to one who requests it. And let that bishop who has rejected him, whether justly or unjustly, patiently allow the matter to be discussed, so that either his judgment may be approved or it may be amended, and so forth. And when these things had been read aloud, Augustine, bishop of the Church of Hippo in the province of Numidia, said:

And we profess that we too shall observe this, saving a more diligent inquiry into the Council of Nicaea. Bishop Aurelius said: If this likewise pleases the charity of you all, confirm it by your reply. The whole council said: All things that were decreed in the Council of Nicaea please us all. Jocundus, bishop of the Church of Suffetula, legate of the province of Byzacena, said: What has been decreed in the Council of Nicaea can by no means be violated by anyone. Faustinus, bishop, legate of the Roman Church, said: As yet, according to the profession of your holiness, both of holy Alypius and likewise of our brother Jocundus, I believe that some things are weakened, and some confirmed which ought not to be, since the canons themselves have now come into doubt.

Therefore, as it pleases both us and your beatitude, may your holiness deign to refer the matter to the holy and venerable bishop of the Roman Church, that he too may be able to deliberate upon what holy Augustine has deigned to decree, whether this also is to be granted or to be withheld—that is, concerning the appeal of an inferior grade. If, then, it has so far come into doubt, it is just that concerning this chapter the bishop of the most blessed See should be informed, if indeed this can be found among the approved canons. Bishop Aurelius said:

Even those things which a while ago we made known to your charity, now permit that the copies of the decrees of the Council of Nicaea, and also those things which here were wholesomely established by our predecessors according to the form of that same council, and the things which have now been ordained by us, be read aloud and inserted into the acts. The whole council said:

The copies of the faith and the decrees of the Synod of Nicaea, which were brought to our council by Caecilian, the bishop of blessed memory, formerly the predecessor of your holiness, who was present there, and also those things which the Fathers, following those exemplars, here established, or which we now decree by common deliberation—these shall remain inserted in these ecclesiastical acts; so that, as was said above, your beatitude may deign to write to the venerable men, the bishops of the Churches of Antioch and of Alexandria, and also of Constantinople, that they may send the most truthful copies of the Council of Nicaea under the attestation of their letters, whereby, the truth being declared, those chapters which our present brother and fellow-bishop Faustinus, and also the fellow-presbyters Philip and Asellus, brought with them in the memorandum, may, if found there likewise, be confirmed by us;

or if they are not found, when a synod has been gathered, we shall deal with this in a subsequent session. Daniel, notary of the Council of Nicaea, read aloud the profession of faith and its decrees in the African council. The profession of faith of the Council of Nicaea. We believe in one God, the Father almighty, maker of things visible and invisible; and in one Lord Jesus Christ, the Son of God, born of the Father, only-begotten, that is, of the substance of the Father, God of God, light of light, true God of true God, born, not made, of one substance with the Father, which the Greeks call homoousion, through whom all things were made, whether those in heaven or those on earth.

Who for us men, and for our salvation, came down, and was incarnate, made man, suffered, and rose again on the third day, ascended into the heavens, sits at the right hand of the Father, whence he will come to judge the living and the dead; and in the Holy Spirit. But those who say, There was a time when he was not, and before he was born he was not, and that he was made out of things that did not exist, or out of another substance, calling the Son of God mutable and changeable—these the catholic and apostolic Church anathematizes. The decrees too of the Council of Nicaea, in twenty chapters, were likewise read aloud, as they are found written above.

Then those things which were promulgated in the African councils are known to be inserted in the present acts. That the things decreed in the Council of Nicaea be observed in every way. I. Bishop Aurelius said: These copies of the decrees, which then our Fathers brought with them from the Council of Nicaea, are held among us thus; observing its form, these following enactments, confirmed by us, shall be kept. On preaching the Trinity. II. The whole council said: With God's favour, by equal profession, the ecclesiastical faith, which is handed down by us in this glorious assembly, must first be confessed; then at last the ecclesiastical order of each matter is to be maintained by the consent of all.

Moreover, to strengthen the minds of our brethren and fellow-bishops recently promoted, those things must be set forth which we have received from the Fathers by a sure ordinance: namely, that we instruct the peoples of God concerning the Trinity—which we hold to be consecrated in our understanding—the unity of the Father, and of the Son, and of the Holy Spirit, which is known to have no difference, even as we say. Likewise it was said by all the newly promoted bishops: Plainly so we have received, so we hold, so we teach the evangelical faith, following your doctrine. On continence. III. Bishop Aurelius said:

When in the past it was being treated of continence and the governance of chastity, concerning those three grades which by a certain bond of chastity are bound by their consecrations—the bishops, I say, the presbyters, and the deacons—it was thus resolved that, as befits the sacred prelates and priests of God, and also the levites, or those who serve the divine sacraments, they should be continent in all things, so that they may be able simply to obtain what they ask of the Lord; so that what the apostles taught and antiquity itself observed, we too may keep. On the various orders that are to abstain from their wives. IV. Faustinus, bishop of the Church of Potentia, in the province of Picenum, legate of the Roman Church, said:

It is resolved that a bishop, a presbyter, and a deacon, or those who handle the sacraments, being guardians of modesty, abstain from their wives. By all the bishops it was said: It is resolved that in all things modesty be guarded by those who serve the altar. On avarice. V. Bishop Aurelius said: The greed of avarice, which no one can doubt to be the mother of all evil things, is accordingly to be checked, lest anyone usurp another's boundaries, or for a bribe overstep the limits established by the Fathers; nor let it be at all permitted to any of the clergy to take interest on any matter whatsoever.

Although novel proposals, which are either obscure or lie hidden under some general category, will, when examined by us, receive their form; yet concerning those things which divine Scripture has most clearly sanctioned, no sentence is to be passed, but rather it is to be carried out. Accordingly, what is censured in laymen ought much more to be condemned beforehand in clerics. The whole council said: No one acts against the Prophets, no one against the Gospels, without peril. That chrism be not made by presbyters. VI. Bishop Fortunatus said: We remember that in past councils it was decreed that chrism, or the reconciliation of penitents, and also the consecration of maidens, be not performed by presbyters: but if anyone should be found doing this, what is to be decided concerning him?

Bishop Aurelius said: Your dignity has heard the proposal of our brother and fellow-bishop Fortunatus; what do you say to these things? By all the bishops it was said: The making of chrism, and the consecration of maidens, shall not be done by presbyters; nor is it lawful for a presbyter to reconcile anyone in the public Mass: this pleases all. On those who in peril are reconciled. VII. Bishop Aurelius said: If anyone be placed in peril, and seek to be reconciled to the divine altars, if the bishop be absent, the presbyter ought by all means to consult the bishop, and thus to reconcile the one in peril by his command—a matter which we ought to confirm by wholesome counsel. By all the bishops it was said:

It pleases us that your holiness has deigned necessarily to instruct us. On those who come forward in accusation of an elder; and that it be lawful for no criminous person to accuse a bishop. VIII. Numidius, bishop of Maxula, said: Moreover there are very many of no good conversation who think that elders, or bishops, are to be assailed in accusation here and there and everywhere; ought such men to be admitted so easily, or not? Bishop Aurelius said: It pleases your charity, therefore, that he who is entangled in any crimes should not have a voice of accusing against an elder. By all the bishops it was said: If he be criminous, let him not be admitted: this pleases us. On those who for the desert of their misdeeds are expelled from the congregation of the Church. IX.

Augustine, bishop, legate of the province of Numidia, said: May you deign to decree this: that if any perchance, for the desert of their misdeeds, have been expelled from the Church, and have been received into communion either by some bishop or presbyter, that one too be held liable to a like crime with them, fleeing the regular judgment of their own bishop. By all the bishops it was said: It pleases all. On presbyters who are corrected by their own bishops. X. Alypius, bishop, legate of the province of Numidia, said:

Nor must this be passed over, that if any presbyter, perchance corrected by his bishop, puffed up with swelling or pride, should think that sacrifices are to be offered to God apart, or another altar to be raised against ecclesiastical faith and discipline, he should not go forth unpunished. Valentinus, of the first see of the province of Numidia, said: What our brother Alypius has set forth is necessarily fitting to ecclesiastical discipline and faith; therefore declare what seems good to your love. If any presbyter, puffed up against his bishop, has made a schism, let him be anathema. XI. By all the bishops it was said: If any presbyter be corrected by his superior,

he ought by all means to complain to the neighbouring bishops, that his case may be heard by them, and through them he may be reconciled to his own bishop: but if he do not this, but, puffed up with pride (which God avert), think that he should separate himself from communion with his bishop, and, making a schism apart with certain others, offer sacrifice to God, let him be held anathema, and lose his place; and if he have not a just complaint against the bishop, it shall be inquired into. If any bishop be detained in a crime apart from the time of synod, let him be heard by twelve bishops. XII. Bishop Felix said:

I propose, according to the decrees of the ancient councils, that if any bishop (which we do not wish) should fall into some crime, and there be too great a necessity that very many cannot be gathered, lest he remain in the crime, let him be heard by twelve bishops, and let a presbyter be heard by six bishops together with his own bishop, and a deacon by three. That it be not lawful for a bishop to be ordained except by very many; but if there be necessity, let him be ordained even by three bishops. XIII. Bishop Aurelius said: What does your holiness say to these things? By all the bishops it was said:

That the decrees of the ancients ought to be observed by us, namely that, without consulting the primate of any province, many gathered bishops should not so easily presume to ordain a bishop: but if there be necessity, three bishops, in whatever place they may be, shall, by his command, ordain a bishop; and if anyone act against his own profession or subscription in anything, he shall deprive himself of his honour. That from Tripolis one bishop come on a legation, and that there a presbyter be heard by five bishops. XIV.

Likewise it was resolved concerning Tripolis that, on account of the poverty of the province, one bishop come on a legation, and that there a presbyter be heard by five bishops, and a deacon by three, as was mentioned above, with his own bishop presiding. On the various orders serving the Church: that if anyone incur a charge of crime and reject the ecclesiastical judgment, he must be put in peril; and that the sons of priests not attend worldly spectacles. XV.

Likewise it was resolved that whosoever among bishops, presbyters, and deacons, or clerics, when a crime has been laid against him in the Church, or a civil suit has been raised, if, abandoning the ecclesiastical judgment, he wishes to be cleared by public courts, even if sentence be pronounced in his favour, he shall lose his place—and this in a criminal case; but in a civil case he shall lose what he won, if he prefer to retain his place. This too was resolved: that if from any ecclesiastical judges an appeal be made to other ecclesiastical judges where there is greater authority, it shall not prejudice those whose sentence has been annulled, if they cannot be convicted either of having judged with a hostile mind, or of having been corrupted by some greed or favour.

Indeed, if judges have been chosen by the consent of the parties, even by a smaller number than is appointed, it shall not be lawful to appeal. And that the sons of priests neither put on worldly spectacles, nor even watch them—although this has always been enjoined upon all Christians—and that they not approach where there are blasphemies. That no bishop, presbyter, or deacon be a contractor; and that lectors take wives; and that clerics abstain from usury; and at what time either they themselves or virgins are to be consecrated. XVI. Likewise it was resolved that bishops, presbyters, and deacons be not contractors or stewards, nor seek their livelihood by any base and dishonourable business, because they ought to consider that it is written:

«No one fighting for God entangles himself in worldly affairs.» Likewise it was resolved that lectors, when they have reached the years of puberty, be compelled either to take wives or to profess continence. Likewise it was resolved that a cleric, if he has lent money, receive back his money; if a commodity, let him receive the same commodity in the amount he gave; and that before twenty-five years of age neither deacons be ordained nor virgins consecrated; and that lectors not salute the people. That each province, on account of distance, have its own primate. XVII.