church fathers 36


THE NICENE CREED



THE NICENE CREED

(Found in the Acts of the Ecumenical Councils of Ephesus and Chalcedon, in the Epistle of Eusebius of Coesarea to his own Church, in the Epistle of St. Athanasius Ad Jovianum Imp., in the Ecclesiastical Histories of Theodoret and Socrates, and elsewhere, The variations in the text are absolutely without importance.)

The Synod at Nice set forth this Creed.(1)
The Ecthesis of the Synod at Nice.(2)
We believe in one God, the Father Almighty, maker of all things visible and invisible; and in one Lord Jesus Christ, the Son of God, the only-begotten of his Father, of the substance of the Father, God of God, Light of Light, very God of very God, begotten (<greek>gennhq</greek>,<greek>ent</greek><s201)>, not made, being of one substance (<greek>omoousion</greek>, consubstantialem) with the Father. By whom all things were made, both which be in heaven and in earth. Who for us men and for our salvation came down [from heaven] and was incarnate and was made man. He suffered and the third day he rose again, and ascended into heaven. And he shall come again to judge both the quick and the dead. And [we believe] in the Holy Ghost. And whosoever shall say that there was a time when the Son of God was not (<greek>hn</greek> <greek>pote</greek> <greek>ote</greek> <greek>ouk</greek> <greek>h</greek> <greek>n</greek>), or that before he was begotten he was not, or that he was made of things that were not, or that he is of a different substance or essence [from the Father] or that he is a creature, or subject to change or conversion(3)--all that so say, the Catholic and Apostolic Church anathematizes them.

NOTES

The Creed of Eusebius of Caesarea, which he presented to the council, and which some suppose to have suggested the creed finally adopted.

(Found in his Epistle to his diocese; vide: St. Athanasius and Theodoret.)
We believe in one only God, Father Almighty, Creator of things visible and invisible; and in the Lord Jesus Christ, for he is the Word of God, God of God, Light of Light, life of life, his only Son, the first-born of all creatures, begotten of the Father before all time, by whom also everything was created, who became flesh for our redemption, who lived and suffered amongst men, rose again the third day, returned to the Father, and will come again one day in his glory to judge the quick and the dead. We believe also in the Holy Ghost We believe that each of these three is and subsists; the Father truly as Father, the Son truly as Son, the Holy Ghost truly as Holy Ghost; as our Lord also said, when he sent his disciples to preach: Go and teach all nations, and baptize them in the name of the Father, and of the Son, and of the Holy Ghost.

EXCURSUS ON THE WORD HOMOUSIOS.(4)

The Fathers of the Council at Nice were at one time ready to accede to the request of some of the bishops and use only scriptural expressions in their definitions. But, after several attempts, they found that all these were capable of being explained away. Athanasius describes with much wit and penetration how he saw them nodding and winking to each other when the orthodox proposed expressions which they had thought of a way of escaping from the force of. After a series of attempts of this sort it was found that something clearer and more unequivocal must be adopted if real unity of faith was to be attained; and accordingly the word homousios was adopted. Just what the Council intended this expression to mean is set forth by St. Athanasius as follows: "That the Son is not only like to the Father, but that, as his image, he is the same as the Father; that he is of the Father; and that the resemblance of the Son to the Father, and his immutability, are different from ours: for in us they are something acquired, and arise from our fulfilling the divine commands. Moreover, they wished to indicate by this that his generation is different from that of human nature; that the Son is not only like to the Father, but inseparable from the substance of the Father, that he and the Father are one and the same, as the Son himself said: 'The Logos is always in the Father, and, the Father always in the Logos,' as the sun and its splendour are inseparable."(1)
The word homousios had not had, although frequently used before the Council of Nice, a very happy history. It was probably rejected by the Council of Antioch,(2) and was suspected of being open to a Sabellian meaning. It was accepted by the heretic Paul of Samosata and this rendered it very offensive to many in the Asiatic Churches.
On the other hand the word is used four times by St. Irenaeus, and Pamphilus the Martyr is quoted as asserting that Origen used the very word in the Nicene sense. Tertullian also uses the expression "of one substance" (unius substanticoe) in two places, and it would seem that more than half a century before the meeting of the Council of Nice, it was a common one among the Orthodox.
Vasquez treats this matter at some length in his Disputations, (3) and points out how well the distinction is drawn by Epiphanius between Synousios and Homousios, "for synousios signifies such an unity of substance as allows of no distinction: wherefore the Sabellians would admit this word: but on the contrary homousios signifies the same nature and substance but with a distinction between persons one from the other. Rightly, therefore, has the Church adopted this word as the one best calculated to confute the Arian heresy."(4)
It may perhaps be well to note that these words are formed like <greek>omobios</greek> and <greek>omoiobios</greek>, <greek>omognwmwn</greek> and <greek>omoiognwmwn</greek>, etc., etc.
The reader will find this whole doctrine treated at great length in all the bodies of divinity; and in Alexander Natalis (H.E. t. iv., Dies. xiv.); he is also referred to Pearson, On the Creed; Bull, Defence of the Nicene Creed; Forbes, An Explanation of the Nicene Creed; and especially to the little book, written in answer to the recent criticisms of Professor Harnack, by H. B. Swete, D.D., The Apostles' Creed.

EXCURSUS ON THE WORDS <greek>gennhqeta</greek> <greek>ou</greek> <greek>poihqenta</greek> (J. B. Lightfoot. The Apostolic Fathers--Part II. Vol. ii. Sec. I. pp. 90, et seqq.)

The Son is here [Ignat. Ad. Eph. vii.] declared to be <greek>gennh</greek><ss235><greek>os</greek> as man and <greek>a</greek>,s204><greek>ennhtos</greek> as God, for this is clearly shown to be the meaning from the parallel clauses. Such language is not in accordance with later theological definitions, which carefully distinguished between <greek>genhtos</greek> and <greek>gennhtos</greek> between <greek>agenhtos</greek> and <greek>agennhtos</greek>; so that <greek>genhtos</greek>, <greek>agenhtos</greek> respectively denied and affirmed the eternal existence, being equivalent to <greek>ktistos</greek>, <greek>aktistos</greek>, while <greek>gennhtos</greek>, <greek>agen</greek><s225<greek>htos</greek> described certain ontological relations, whether in time or in eternity. In the later theological language, therefore, the Son was <greek>gennhtos</greek> even in his Godhead. See esp. Joann. Damasc. de Fid. Orth. i. 8 [where he draws the conclusion that only the Father is <greek>agennhtos</greek>, and only the Son <greek>gennhtos</greek>].
There can be little doubt however, that Ignatius wrote <greek>gennh?os</greek> <greek>kai</greek> <greek>agennhtos</greek>, though his editors frequently alter it into <greek>gennh?os</greek> <greek>kai</greek> <greek>agennhtos</greek>. For (1) the Greek MS. still retains the double [Greek nun] v, though the claims of orthodoxy would be a temptation to scribes to substitute the single v. And to this reading also the Latin genitus et ingenitus points. On the other hand it cannot be concluded that translators who give factus et non factus had the words with one v, for this was after all what Ignatius meant by the double v, and they would naturally render his words so as to make his orthodoxy apparent. (2) When Theodoret writes <greek>gennhtos</greek> <greek>ex</greek> <greek>agennhtou</greek>, it is clear that he, or the person before him who first substituted this reading, must have read <greek>gennhtos</greek> <greek>kai</greek> <greek>agennhtos</greek>, for there would be no temptation to alter the perfectly orthodox <greek>genhtos</greek> <greek>kai</greek> <greek>agenhtos</greek>, nor (if altered) would it have taken this form. (3) When the interpolator substitutes <greek>o</greek> <greek>monos</greek> <greek>alhqinos</greek> <greek>Qeos</greek> <greek>o</greek> <greek>agennhtos</greek> . . . <greek>tou</greek> <greek>de</greek> <greek>monogonous</greek> <greek>pathr</greek> <greek>kai</greek> <greek>gennhtwr</greek>, the natural inference is that he too, had the forms in double v, which he retained, at the same time altering the whole run of the sentence so as not to do violence to his own doctrinal views; see Bull Def. Fid. Nic. ii. 2 <s> 6. (4) The quotation in Athanasius is more difficult. The MSS. vary, and his editors write <greek>genhtos</greek> <greek>kai</greek> <greek>agenhtos</greek>. Zahn too, who has paid more attention to this point than any previous editor of Ignatius, in his former work (Ign. v. Ant. p. 564), supposed Athanasius to have read and written the words with a single v, though in his subsequent edition of Ignatius (p. 338) he declares himself unable to determine between the single and double v. I believe, however, that the argument of Athanasius decides in favour of the vv. Elsewhere he insists repeatedly on the distinction between <greek>ktixein</greek> and <greek>gennan</greek>, justifying the use of the latter term as applied to the divinity of the Son, and defending the statement in the Nicene Creed <greek>gennhton</greek> <greek>ek</greek> <greek>ths</greek> <greek>ousias</greek> <greek>tou</greek> <greek>patros</greek> <greek>ton</greek> <greek>uion</greek> <greek>omoousion</greek> (De Synod. 54, 1, p. 612). Although he is not responsible for the language of the Macrostich (De Synod. 3, 1, p. 590), and would have regarded it as inadequate without the <greek>omoousion</greek> yet this use of terms entirely harmonizes with his own. In the passage before us, ib. <s><s> 46, 47 (p. 607), he is defending the use of homousios at Nicaea, notwithstanding that it had been previously rejected by the council which condemned Paul of Samosata, and he contends that both councils were orthodox, since they used homousios in a different sense. As a parallel instance he takes the word <greek>agennhtos</greek> which like homousios is not a scriptural word, and like it also is used in two ways, signifying either (1) T<greek>o</greek> <greek>on</greek> <greek>men</greek>, <greek>mhte</greek> <greek>de</greek> <greek>gennhqen</greek> <greek>mhte</greek> <greek>olws</greek> <greek>ekon</greek> <greek>ton</greek> <greek>aition</greek> or(2) T<greek>o</greek> <greek>aktiston</greek>. In the former sense the Son cannot be called <greek>agennhtos</greek>, in the latter he may be so called. Both uses, he says, are found in the fathers. Of the latter he quotes the passage in Ignatius as an example; of the former he says, that some writers subsequent to Ignatius declare <greek>en</greek> <greek>to</greek> <greek>agennhton</greek> <greek>o</greek> <greek>pathr</greek>, <greek>kai</greek> <greek>eis</greek> <greek>o</greek> <greek>ex</greek> <greek>autou</greek> <greek>uios</greek> <greek>gnhsios</greek>, <greek>gennhma</greek> <greek>alhqinon</greek> <greek>k</greek>. <greek>t</greek>. <greek>l</greek>. [He may have been thinking of Clem. Alex. Strom. vi. 7, which I shall quote below.] He maintains that both are orthodox, as having in view two different senses of the word <greek>agennhton</greek>, and the same, he argues, is the case with the councils which seem to take opposite sides with regard to homousios. It is dear from this passage, as Zahn truly says, that Athanasius is dealing with one and the same word throughout; and, if so, it follows that this word must be <greek>agennhton</greek>, since <greek>agenhton</greek> would be intolerable in some places. I may add by way of caution that in two other passages, de Decret. Syn. Nic. 28 (1, p. 184), Orat. c. Arian. i. 30 (1, p. 343), St. Athanasius gives the various senses of <greek>agenhton</greek> (for this is plain from the context), and that these passages ought not to be treated as parallels to the present passage which is concerned with the senses of <greek>agennhton</greek>. Much confusion is thus created, e.g. in Newman's notes on the several passages in the Oxford translation of Athanasius (pp. 51 sq., 224 sq.), where the three passages are treated as parallel, and no attempt is made to discriminate the readings in the several places, but "ingenerate" is given as the rendering of both alike. If then Athanasius who read <greek>gennhtos</greek> <greek>kai</greek> <greek>agennhtos</greek> in Ignatius, there is absolutely no authority for the spelling with one v. The earlier editors (Voss, Useher, Cotelier, etc.), printed it as they found it in the MS.; but Smith substituted the forms with the single v, and he has been followed more recently by Hefele, Dressel, and some other. In the Casatensian copy of the MS., a marginal note is added, <greek>anagnwsteon</greek> <greek>agenhtos</greek> <greek>tout</greek> <greek>esti</greek> <greek>mh</greek> <greek>poihqeis</greek>. Waterland (Works, III., p. 240 sq., Oxf. 1823) tries ineffectually to show that the form with the double v was invented by the fathers at a later date to express their theological conception. He even "doubts whether there was any such word as <greek>agennhtos</greek> so early as the time of Ignatius." In this he is certainly wrong.
The MSS. of early Christian writers exhibit much confusion between these words spelled with the double and the single v. See e.g. Justin Dial. 2, with Otto's note; Athenag. Suppl. 4 with Otto's note; Theophil, ad Autol. ii. 3, 4; Iren. iv. 38, 1, 3; Orig. c. Cels. vi. 66; Method. de Lib. Arbitr., p. 57; Jahn (see Jahn's note 11, p. 122); Maximus in Euseb. Praep. Ev. vii. 22; Hippol. Haer. v. 16 (from Sibylline Oracles); Clem. Alex. Strom v. 14; and very frequently in later writers. Yet notwithstanding the confusion into which later transcribers have thus thrown the subject, it is still possible to ascertain the main facts respecting the usage of the two forms. The distinction between the two terms, as indicated by their origin, is that <greek>agenhtos</greek> denies the creation, and <greek>agennhtos</greek> the generation or parentage. Both are used at a very early date; e.g. <greek>agenhtos</greek> by Parmenides in Clem. Alex. Strom. v. l4, and by Agothon in Arist. Eth. Nic. vii. 2 (comp. also Orac. Sibyll. prooem. 7, 17); and <greek>agennhtos</greek> in Soph. Trach. 61 (where it is equivalent to <greek>dusgenwn</greek>. Here the distinction of meaning is strictly preserved, and so probably it always is in Classical writers; for in Soph. Trach. 743 we should after Porson and Hermann read <greek>agenhton</greek> with Suidas. In Christian writers also there is no reason to suppose that the distinction was ever lost, though in certain connexions the words might be used convertibly. Whenever, as here in Ignatius, we have the double v where we should expect the single, we must ascribe the fact to the indistinctness or incorrectness of the writer's theological conceptions, not to any obliteration of the meaning of the terms themselves. To this early father for instance the eternal <greek>gen?hsis</greek> of the Son was not a distinct theological idea, though substantially he held the same views as the Nicene fathers respecting the Person of Christ. The following passages from early Christian writers will serve at once to show how far the distinction was appreciated, and to what extent the Nicene conception prevailed in ante-Nicene Christianity; Justin Apol. ii. 6, comp. ib. <s> 13; Athenag. Suppl. 10 (comp. ib. 4); Theoph. ad. Aut. ii. 3; Tatian Orat. 5; Rhodon in Euseb. H. E. v. 13; Clem. Alex. Strom. vi. 7; Orig. c. Cels. vi. 17, ib. vi. 52; Concil. Antioch (A.D. 269) in Routh Rel. Sacr. III., p. 290; Method. de Creat. 5. In no early Christian writing, however, is the distinction more obvious than in the Clementine Homilies, x. 10 (where the distinction is employed to support the writer's heretical theology): see also viii. 16, and comp. xix. 3, 4, 9, 12. The following are instructive passages as regards the use of these words where the opinions of other heretical writers are given; Saturninus, Iren. i. 24, 1; Hippol. Haer. vii. 28; Simon Magus, Hippol. Haer. vi. 17, 18; the Valentinians, Hippol. Haer. vi. 29, 30; the Ptolemaeus in particular, Ptol. Ep. ad. Flor. 4 (in Stieren's Ireninians, Hipaeus, p. 935); Basilides, Hippol. Haer. vii. 22; Carpocrates, Hippol. Haer. vii. 32.
From the above passages it will appear that Ante-Nicene writers were not indifferent to the distinction of meaning between the two words; and when once the othodox Christology was formulated in the Nicene Creed in the words <greek>gennhqenta</greek> <greek>ou</greek> <greek>poihqenta</greek>, it became henceforth impossible to overlook the difference. The Son was thus declared to be <greek>gennhtos</greek> but not <greek>genhtos</greek>. I am therefore unable to agree with Zahn (Marcellus, pp. 40, 104, 223, Ign. von Ant. p. 565), that at the time of the Arian controversy the disputants were not alive to the difference of meaning. See for example Epiphanius, Haer. lxiv. 8. But it had no especial interest for them. While the orthodox party clung to the homousios as enshrining the doctrine for which they fought, they had no liking for the terms <greek>agennhtos</greek> and <greek>gennhtos</greek> as applied to the Father and the Son respectively, though unable to deny their propriety, because they were affected by the Arians and applied in their own way. To the orthodox mind the Arian formula <greek>ouk</greek> <greek>hn</greek> <greek>prin</greek> <greek>gennhqhnai</greek> or some Semiarian formula hardly less dangerous, seemed always to be lurking under the expression <greek>Qeos</greek> <greek>g</greek><ss210><greek>nnhtos</greek> as applied to the Son. Hence the language of Epiphanius Haer. lxxiii. 19: "As you refuse to accept our homousios because though used by the fathers, it does not occur in the Scriptures, so will we decline on the same grounds to accept your <greek>ag</greek><ss210><greek>nnhtos</greek>." Similarly Basil c. Eunom. i., iv., and especially ib. further on, in which last passage he argues at great length against the position of the heretics, <greek>ei</greek> <greek>ag</greek><ss210><greek>nnhtos</greek>, <greek>fasin</greek>, <greek>o</greek> <greek>pathr</greek>, <greek>genntos</greek> <greek>de</greek> <greek>o</greek> <greek>ui</greek><ss228><greek>s</greek>, <greek>ou</greek> <greek>ths</greek> <greek>auths</greek> <greek>ous</greek><ss217><greek>as</greek>. See also the arguments against the Anomoeans in[Athan.] Dial. de Trin. ii. passim. This fully explains the reluctance of the orthodox party to handle terms which their adversaries used to endanger the homousios. But, when the stress of the Arian controversy was removed, it became convenient to express the Catholic doctrine by saying that the Son in his divine nature was <greek>g</greek><ss210><greek>nnhtos</greek> but not <greek>g</greek><ss210><greek>nhtos</greek>. And this distinction is staunchly maintained in later orthodox writers, e.g. John of Damascus, already quoted in the beginning of this Excursus.

THE CANONS OF THE 318 HOLY FATHERS ASSEMBLED IN THE CITY OF NICE, IN BITHYNIA (CANONS I TO XX)



THE CANONS OF THE 318 HOLY FATHERS ASSEMBLED IN THE CITY OF NICE, IN BITHYNIA.

CANON I.

IF any one in sickness has been subjected by physicians to a surgical operation, or if he has been castrated by barbarians, let him remain among the clergy; but, if any one in sound health has castrated himself, it behoves that such an one, if[already] enrolled among the clergy, should cease[from his ministry], and that from henceforth no such person should be promoted. But, as it is evident that this is said of those who wilfully do the thing and presume to castrate themselves, so if any have been made eunuchs by barbarians, or by their masters, and should otherwise be found worthy, such men the Canon admits to the clergy.

NOTES.

ANCIENT EPITOME(1) OF CANON I.

Eunuchs may be received into the number of the clergy, but those who castrate themselves shall not be received.

BALSAMON.

The divine Apostolic Canons xxi., xxii., xxiii., and xxiv., have taught us sufficiently what ought to be done with those who castrate themselves, this canon provides as to what is to be done to these as well as to those who deliver themselves over to others to be emasculated by them, viz., that they are not to be admitted among the clergy nor advanced to the priesthood.

DANIEL BUTLER.

(Smith & Cheetham, Dict. Christ. Ant.)
The feeling that one devoted to the sacred ministry should be unmutilated was strong in the Ancient Church .... This canon of Nice, and those in the Apostolic Canons and a later one in the Second Council of Arles(canon vii.) were aimed against that perverted notion of piety, originating in the misinterpretation of our Lord's saying (Matt. xix. 12) by which Origen, among others, was misled, and their observance was so carefully enforced in later times that not more than one or two instances of the practice which they condemn are noticed by the historian. The case was different if a man was born an eunuch or had suffered mutilation at the hands of persecutors; an instance of the former, Dorotheus, presbyter of Antioch, is mentioned by Eusebius(H. E. vii., c. 32); of the latter, Tigris, presbyter of Constantinople, is referred to both by Socrates(H. E. vi. 16) and Sozomen(H. E. vi. 24) as the victim of a barbarian master.

HEFELE.

We know, by the first apology of St. Justin(Apol. c. 29) that a century before Origen, a young man had desired to be mutilated by physicians, for the purpose of completely refuting the charge of vice which the heathen brought against the worship of Christians. St. Justin neither praises nor blames this young man: he only relates that he could not obtain the permission of the civil authorities for his project, that he renounced his intention, but nevertheless remained virgo all his life. It is very probable that the Council of Nice was induced by some fresh similar cases to renew the old injunctions; it was perhaps the Arian bishop, Leontius, who was the principal cause of it.(1)

LAMBERT.

Constantine forbade by a law the practice condemned in this canon. "If anyone shall anywhere in the Roman Empire after this decree make eunuchs, he shall be punished with death. If the owner of the place where the deed was perpetrated was aware of it and hid the fact, his goods shall be confiscated."(Const. M. 0pera. Migne Patrol. vol. viii., 396.)

BEVERIDGE.

The Nicene fathers in this canon make no new enactment but only confirm by the authority of an Ecumenical synod the Apostolic Canons, and this is evident from the wording of this canon. For there can be no doubt that they had in mind some earlier canon when they said, "such men the canon admits to the clergy." Not, <greek>outos</greek> <greek>ok?nwn</greek>, but <greek>o</greek> <greek>kanwn</greek>, as if they had said "the formerly set forth and well-known canon" admits such to the clergy. But no other canon then existed in which this provision occurred except apostolical canon xxi. which therefore we are of opinion is here cited. [In this conclusion Hefele also agrees.]
This law was frequently enacted by subsequent synods and is inserted in the Corpus Juris Canonici, Decretum Gratiani. Pars. I. Distinctio LV., C vij.

EXCURSUS ON THE USE OF THE WORD "CANON."

(Bright: Notes on the Canons, pp. 2 and 3.)
K<greek>anwn</greek>, as an ecclesiastical term, has a very interesting history. See Westcott's account of it, On the New Testament Canon, p. 498 if. The original sense, "a straight rod" or "line," determines all its religious applications, which begin with St. Paul's use of it for a prescribed sphere of apostolic work(2 Cor. x. 13, 15), or a regulative principle of Christian life(Gal. vi. 16). It represents the element of definiteness in Christianity and in the order of the Christian Church. Clement of Rome uses it for the measure of Christian attainment(Ep. Cor. 7). Irenaeus calls the baptismal creed "the canon of truth"(i. 9, 4): Polycrates(Euseb. v. 24) and probably Hippolytus(ib. v. 28) calls it "the canon of faith;" the Council of Antioch in A.D. 269, referring to the same standard of orthodox belief, speaks with significant absoluteness of "the canon"(ib. vii. 30). Eusebius himself mentions "the canon of truth" in iv. 23, and "the canon of the preaching" in iii. 32; and so Basil speaks of "the transmitted canon of true religion"(Epist. 204-6). Such language, like Tertullian's "regula fidei," amounted to saying, "We Christians know what we believe: it is not a vague 'idea' without substance or outline: it can be put into form, and by it we 'test the spirits whether they be of God.' " Thus it was natural for Socrates to call the Nicene Creed itself a "canon," ii. 27. Clement of Alexandria uses the phrase "canon of truth" for a standard of mystic interpretation, but proceeds to call the harmony between the two Testaments "a canon for the Church," Strom. vi. 15, 124, 125. Eusebius speaks of "the ecclesiastical canon" which recognized no other Gospels than the four(vi. 25). The use of the term and its cognates in reference to the Scriptures is explained by Westcott in a passive sense so that "canonized" books, as Athanasius calls them(Fest. Ep. 39), are books expressly recognized by the Church as portions of Holy Scripture. Again, as to matters of observance, Clement of Alexandria wrote a book against Judaizers, called "The Churches Canon"(Euseb. vi. 13); and Cornelius of Rome, in his letter to Fabius, speaks of the "canon" as to what we call confirmation(Euseb. vi. 43), and Dionysius of the "canon" as to reception of converts from heresy(ib, vii. 7). The Nicene Council in this canon refers to a standing "canon" of discipline(comp. Nic. 2, 5, 6, 9, 10, 15, 16, 18), but it does not apply the term to its own enactments, which are so described in the second canon of Constantinople(see below), and of which Socrates says "that it passed what are usually called 'canons' "(i. 13); as Julius of Rome calls a decree of this Council a "canon"(Athan. Apol. c. Ari. 25); so Athanasius applies the term generally to Church laws(Encycl. 2; cp. Apol. c. Ari. 69). The use of <greek>kanwn</greek> for the clerical body(Nic. 16, 17, 19; Chalc. 2) is explained by Westcott with reference to the rule of clerical life, but Bingham traces it to the roll or official list on which the names of clerics were enrolled(i. 5, 10); and this appears to be the more natural derivation, see "the holy canon" in the first canon of the Council of Antioch, and compare Socrates(i. 17), "the Virgins enumerated <greek>en</greek> <greek>tw</greek> <greek>ekklhsiwn</greek> <greek>kan</greek><ss228><greek>ni</greek>," and(ib. v. 19) on the addition of a penitentiary "to the canon of the church;" see also George of Laodicea in Sozomon, iv. 13. Hence any cleric might be called <greek>kan</greek><ss228><greek>nikos</greek>, see Cyril of Jerusalem, Procatech.(4); so we read of "canonical singers." Laodicea, canon xv. The same notion of definiteness appears in the ritual use of the word for a series of nine "odes" in the Eastern Church service(Neale, Introd. East. Ch. if. 832), for the central and unvarying element in the Liturgy, beginning after the Tersanctus(Hammond, Liturgies East and West, p. 377); or for any Church office(Ducange in v.); also in its application to a table for the calculation of Easter(Euseb. vi. 29; vii. 32); to a scheme for exhibiting the common and peculiar parts of the several Gospels(as the "Eusebian canons") and to a prescribed or ordinary payment to a church, a use which grew out of one found in Athanasius' Apol. c. Ari. 60.
In more recent times a tendency has appeared to restrict the term Canon to matters of discipline, but the Council of Treat continued the ancient use of the word, calling its doctrinal and disciplinary determinations alike "Canons."

CANON II.

FORASMUCH as, either from necessity, or through the urgency of individuals, many things have been done contrary to the Ecclesiastical canon, so that men just converted from heathenism to the faith, and who have been instructed but a little while, are straightway brought to the spiritual layer, and as soon as they have been baptized, are advanced to the episcopate or the presbyterate, it has seemed right to us that for the time to come no such thing shall be done. For to the catechumen himself there is need of time and of a longer trial after baptism. For the apostolical saying is clear, "Not a novice; lest, being lifted up with pride, he fall into condemnation and the snare of the devil." But if, as time goes on, any sensual sin should be found out about the person, and he should be convicted by two or three witnesses, let him cease from the clerical office. And whoso shall transgress these[enactments] will imperil his own clerical position, as a person who presumes to disobey fie great Synod.

NOTES.

ANCIENT EPITOME OF CANON II.

Those who have come from the heathen shall not be immediately advanced to the presbyterate. For without a probation of some time a neophyte is of no advantage(<greek>kakos</greek>). But if after ordination it be found out that he had sinned previously, let him then be expelled from the clergy.

HEFELE.

It may be seen by the very text of this canon, that it was already forbidden to baptize, and to raise to the episcopate or to the priesthood anyone who had only been a catechumen for a short time: this injunction is in fact contained in the eightieth(seventy-ninth) apostolical canon; and according to that, it would be older than the Council of Nicaea. There have been, nevertheless, certain cases in which, for urgent reasons, an exception has been made to the rule of the Council of Nicaea--for instance, that of S. Ambrose. The canon of Nicaea does not seem to allow such an exception, but it might be justified by the apostolical canon, which says, at the close: "It is not right that any one who has not yet been proved should be a teacher of others, unless by a peculiar divine grace." The expression of the canon of Nicaea, <greek>yukikon</greek> <greek>ti</greek> <greek>amarthma</greek>, is not easy to explain: some render it by the Latin words animale peccatam, believing that the Council has here especially in view sins of the flesh; but as Zonaras has said, all sins are <greek>yukika</greek> <greek>amarthmata</greek>. We must then understand the passage in question to refer to a capital and very serious offence, as the penalty of deposition annexed to it points out.
These words have also given offence, <greek>ei</greek> <greek>de</greek> <greek>proiontos</greek> <greek>tou</greek> <greek>krono</greek>,<greek>n</greek>; that is to say, "It is necessary henceforward," etc., understanding that it is only those who have been too quickly ordained who are threatened with deposition in case they are guilty of crime; but the canon is framed, and ought to be understood, in a general manner: it applies to all other clergymen, but it appears also to point out that greater severity should be shown toward those who have been too quickly ordained.
Others have explained the passage in this manner: "If it shall become known that any one who has been too quickly ordained was guilty before his baptism of any serious offence, he ought to be deposed." This is the interpretation given by Gratian, but it must be confessed that such a translation does violence to the text. This is, I believe, the general sense of the canon, and of this passage in particular: "Henceforward no one shall be baptized or ordained quickly. As to those already in orders(without any distinction between those who have been ordained in due course and those who have been ordained too quickly), the rule is that they shall be de posed if they commit a serious offence. Those who are guilty of disobedience to this great Synod, either by allowing themselves to be ordained or even by ordaining others prematurely, are threatened with deposition ipso facto, and for this fault alone." We consider, in short, that the last words of the canon may be understood as well of the ordained as of the ordainer.

CANON III.

THE great Synod has stringently forbidden any bishop, presbyter, deacon, or any one of the clergy whatever, to have a subintroducta dwelling with him, except only a mother, or sister, or aunt, or such persons only as are beyond all suspicion.

NOTES.

ANCIENT EPITOME OF CANON III.

No one shall have a woman in his house except his mother, and sister, and persons altogether beyond suspicion.

JUSTELLUS.

Who these mulieres subintroductae were does not sufficiently appear . . . but they were neither wives nor concubines, but women of some third kind, which the clergy kept with them, not for the sake of offspring or lust, but from the desire, or certainly under the pretence, of piety.

JOHNSON.

For want of a proper English word to render it by, I translate "to retain any woman in their houses under pretenee of her being a disciple to them."

VAN ESPEN

translates: And his sisters and aunts cannot remain unless they be free from all suspicion.
Fuchs in his Bibliothek der kirchenver sammlungen confesses that this canon shews that the practice of clerical celibacy had already spread widely. In connexion with this whole subject of the subintroductae the text of St. Paul should be carefully considered. 1 Cor. ix. 5.

HEFELE.

It is very terrain that the canon of Nice forbids such spiritual unions, but the context shows moreover that the Fathers had not these particular cases in view alone; and the expression <greek>sun</greek><ss210><greek>isaktos</greek> should be understood of every woman who is introduced(<greek>sun</greek><ss210><greek>isaktos</greek>) into the house of a clergyman for the purpose of living there. If by the word <greek>sun</greek><ss210><greek>isaktos</greek> was only intended the wife in this spiritual marriage, the Council would not have said, any <greek>sun</greek><ss210><greek>isaktos</greek>, except his mother, etc.; for neither his mother nor his sister could have formed this spiritual union with the cleric. The injunction, then, does net merely forbid the <greek>sun</greek><ss210><greek>isaktos</greek> in the specific sense, but orders that "no woman must live in the house of a cleric, unless she be his mother," etc.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I., Distinc. XXXII., C. xvj.

CANON IV.

IT is by all means proper that a bishop should be appointed by all the bishops in the province; but should this be difficult, either on account of urgent necessity or because of distance, three at least should meet together, and the suffrages of the absent[bishops] also being given and communicated in writing, then the ordination should take place. But in every province the ratification of what is done should be left to the Metropolitan.

NOTES.

ANCIENT EPITOME OF CANON IV.

A bishop is to be chosen by all the bishops of the province, or at least by three, the rest giving by letter their assent ; but this choice must be confirmed by the Metropolitan.

ZONARAS.

The present Canon might seem to be opposed to the first canon of the Holy Apostles, for the latter enjoins that a bishop ordained by two or three bishops, but this by three, the absent also agreeing and testifying their assent by writing. But they are not contradictory; for the Apostolical canon by ordination (<greek>keirotonian</greek>) means consecration and imposition of hands, but the present canon by constitution (<greek>katastasin</greek>) and ordination means the election, and enjoins that the election of a bishop do not take place unless three assemble, having the consent also of the absent by letter, or a declaration that they also will acquiesce in the election(or vote,(<greek>yhfw</greek>) made by the three who have assembled. But after the election it gives the ratification or completion of the matter--the imposition of hands and consecration--to the metropolitan of the province, so that the election is to be ratified by him. He does so when with two or three bishops, according to the apostolical canon, he consecrates with imposition of hands the one of the elected persons whom he himself selects.

BALSAMON

also understands <greek>kaqistasqai</greek> to mean election by vote.

BRIGHT.

The Greek canonists are certainly in error when they interpret <greek>keirotonia</greek> of election. The canon is akin to the 1st Apostolic canon which, as the canonists admit, must refer to the consecration of a new bishop, and it was cited in that sense at the Council of Cholcedon--Session xiii.(Mansi., vii. 307). We must follow Rufinus and the old Latin translators, who speak of "ordinari" "ordinatio" and "manus impositionem."

HEFELE.

The Council of Nice thought it necessary to define by precise rules the duties of the bishops who took part in these episcopal elections. It decided(a) that a single bishop of the province was not sufficient for the appointment of another;(b) three at least should meet, and(c) they were not to proceed to election without the written permission of the absent bishops; it was necessary(d) to obtain afterward the approval of the metropolitan. The Council thus confirms the ordinary metropolitan division in its two most important points, namely, the nomination and ordination of bishops, and the superior position of the metropolitan. The third point connected with this division--namely, the provincial synod--will be considered under the next canon.
Meletius was probably the occasion of this canon. It may be remembered that he had nominated bishops without the concurrence of the other bishops of the province, and without the approval of the metropolitan of Alexandria, and had thus occasioned a schism. This canon was intended to prevent the recurrence of such abuses. The question has been raised as to whether the fourth canon speaks only of the choice of the bishop, or whether it also treats of the consecration of the newly elected. We think, with Van Espen, that it treats equally of both,--as well of the part which the bishops of the province should take in an episcopal election, as of the consecration which completes it.
This canon has been interpreted in two ways. The Greeks had learnt by bitter experience to distrust the interference of princes and earthly potentates in episcopal elections. Accordingly, they tried to prove that this canon of Nice took away from the people the right of voting at the nomination of a bishop, and confined the nomination exclusively to the bishops of the province.
The Greek Commentators, Balsamon and others, therefore, only followed the example of the Seventh and[so-called] Eighth(Ecu-menical Councils in affirming that this fourth canon of Nice takes away from the people the right previously possessed of voting in the choice of bishops and makes the election depend entirely on the decision of the bishops of the province.
The Latin Church acted otherwise. It is true that with it also the people have been removed from episcopal elections, but this did not happen till later, about the eleventh century; and it was not the people only who were removed, but the bishops of the province as well, and the election was conducted entirely by the clergy of the Cathedral Church. The Latins then interpreted the canon of Nice as though it said nothing of the rights of the bishops of the province in the election of their future colleague(and it does not speak of it in a very explicit manner), and as though it determined these two points only;(a) that for the ordination of a bishop three bishops at least are necessary;(b) that the right of confirmation rests with the metropolitan.
The whole subject of episcopal elections is treated fully by Van Espen and by Thomassin, in Ancienne et Nouvelle Discipline de l' Eglise, P. II. 1. 2.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars I. Dist. LXIV. c. j.

CANON V.

CONCERNING those, whether of the clergy or of the laity, who have been excommunicated in the several provinces, let the provision of the canon be observed by the bishops which provides that persons cast out by some be not readmitted by others. Nevertheless, inquiry should be made whether they have been excommunicated through captiousness, or contentiousness, or any such like ungracious disposition in the bishop. And, that this matter may have due investigation, it is decreed that in every province synods shall be held twice a year, in order that when all the bishops of the province are assembled together, such questions may by them be thoroughly examined, that so those who have confessedly offended against their bishop, may be seen by all to be for just cause excommunicated, until it shall seem fit to a general meeting of the bishops to pronounce a milder sentence upon them. And let these synods be held, the one before Lent, (that the pure Gift may be offered to God after all bitterness has been put away), and let the second be held about autumn.

NOTES.

ANCIENT EPITOME OF CANON V.

Such as have been excommunicated by certain bishops shall not be restored by others, unless the excommunication was the result of pusillanimity, or strife, or some other similar cause. And that this may be duly attended to, there shall be in each year two synods in every province--the one before Lent, the other toward autumn.
There has always been found the greatest difficulty in securing the regular meetings of provincial and diocesan synods, and despite the very explicit canonical legislation upon the subject, and the severe penalties attached to those not answering the summons, in large parts of the Church for centuries these councils have been of the rarest occurrence. Zonaras complains that in his time "these synods were everywhere treated with great contempt," and that they had actually ceased to be held.
Possibly the opinion of St. Gregory Nazianzen had grown common, for it will be remembered that in refusing to go to the latter sessions of the Second Ecumenical he wrote, "I am resolved to avoid every meeting of bishops, for I have never seen any synod end well, nor assuage rather than aggravate disorders."(1)

HEFELE.

Gelasius has given in his history of the Council of Nice, the text of the canons passed by the Council; and it must be noticed that there is here a slight difference between his text and ours. Our reading is as follows: "The excommunication continues to be in force until it seem good to the assembly of bishops (<greek>tw</greek> <greek>koinw</greek>) to soften it." Gelasius, on the other hand, writes: <greek>mekris</greek> <greek>an</greek> <greek>tp</greek> <greek>koinp</greek> <greek>h</greek> <greek>tp</greek> <greek>episkopw</greek>, <greek>k</greek>. <greek>t</greek>. <greek>l</greek>., that is to say, "until it seem good to the assembly of bishops, or to the bishop (who has passed the sentence)," etc.
...Dionysius the Less has also followed this vacation, as his translation of the canon shows. It does not change the essential meaning of the passage; for it may be well understood that the bishop who has passed the sentence of excommunication has also the right to mitigate it. But the variation adopted by the Prisca alters, on the contrary, the whole sense of the canon: the Prisca has not <greek>ew</greek> <greek>koinp</greek>, but only <greek>episkopw</greek>: it is in this erroneous form that the canon has passed into the Corpus jurisc an.
This canon is found in the Corpus Juris Canonici, Gratian's Decretum, Pars II., Causa XI, Quaest. III., Canon lxxiij., and the latter part in Pars I., Distinc. XVIII., c. iij.

EXCURSUS ON THE WORD <greek>Prosferein</greek>.
(Dr. Adolph Harnack: Hist. of Dogma [Eng. Tr.] Vol. I. p. 209.)

The idea of the whole transaction of the Supper as a sacrifice, is plainly found in the dache, (c. 14), in Ignatius, and above all, in Justin (I. 65f.) But even Clement of Rome presupposes it, when (in cc. 40-44) he draws a parallel between bishops and deacons and the Priests and Levites of the Old Testament, describing as the chief function of the former (44.4) <greek>prosferein</greek>. This is not the place to enquire whether the first celebration had, in the mind of its founder, the character of a sacrificial meal; but, certainly, the idea, as it was already developed at the time of Justin, had been created by the churches. Various reasons tended towards seeing in the Supper a sacrifice. In the first place, Malachi i. 11, demanded a solemn Christian sacrifice: see my notes on Didache, 14.3. In the second place, all prayers were regarded as a sacrifice, and therefore the solemn prayers at the Supper must be specially considered as such. In the third place, the words of institution <greek>touto</greek> <greek>poieite</greek>, contained a command with regard to a definite religious action. Such an action, however, could only be represented as a sacrifice, and this the more, that the Gentile Christians might suppose that they had to understand <greek>poiein</greek> in the sense of <greek>quein</greek>. In the fourth place, payments in kind were necessary for the "agapae" connected with the Supper, out of which were taken the bread and wine for the Holy celebration; in what other aspect could these offerings in the worship be regarded than as <greek>prosforai</greek> for the purpose of a sacrifice? Yet the spiritual idea so prevailed that only the prayers were regarded as the <greek>qusia</greek> proper, even in the case of Justin (Dial. 117). The elements are only <greek>dpra</greek>, <greek>prosforai</greek>, which obtain their value from the prayers, in which thanks are given for the gifts of creation and redemption, as well as for the holy meal, and entreaty is made for the introduction of the community into the Kingdom of God (see Didache, 9. 10). Therefore, even the sacred meal itself is called <greek>eukaristia</greek> (Justin, Apol. I. 66: <greek>h</greek> <greek>trofh</greek> <greek>auth</greek> <greek>kaleitai</greek> <greek>par</greek> <greek>hmin</greek> <greek>eukaristia</greek>. Didache, 9. 1: Ignat.), because it is <greek>trafh</greek> <greek>eukaristhqeisa</greek>. It is a mistake to suppose that Justin already understood the body of Christ to be the object of <greek>poiein</greek>,(1) and therefore thought of a sacrifice of this body (I. 66). The real sacrificial act in the Supper consists rather, according to Justin, only in the <greek>eukaristian</greek> <greek>poiein</greek>whereby the<greek>koinos</greek> <greek>artos</greek> becomes the <greek>artos</greek> <greek>ths</greek> <greek>eukaristias</greek>.(2) The sacrifice of the Supper in its essence, apart from the offering of alms, which in the practice of the Church was closely united with it, is nothing but a sacrifice of prayer: the sacrificial act of the Christian here also is nothing else than an act of prayer (See Apol. I. 14, 65-67; Dial. 28, 29, 41, 70, 116-118).
Harnack (lib. cit. Vol. II. chapter III. p. 136) says that "Cyprian was the first to associate the specific offering, i.e. the Lord's Supper with the specific priesthood. Secondly, he was the first to designate the passio Domini, nay, the sanguis Christi and the dominica hostia as the object of the eucharistic offering." In a foot-note (on the same page) he explains that "Sacrificare, Sacrificium celebrare in all passages where they are unaccompanied by any qualifying words, mean to celebrate the Lord's Supper." But Harnack is confronted by the very evident objection that if this was an invention of St. Cyprian's, it is most extraordinary that it raised no protest, and he very frankly confesses (note 2, on same page) that "the transference of the sacrificial idea to the consecrated elements which in all probability Cyprian already found in existence, etc." Harnack further on (in the same note on p. 137) notes that he has pointed out in his notes on the Didache that in the "Apostolic Church Order" occurs the expression <greek>h</greek> <greek>prosqora</greek> <greek>tou</greek> <greek>swmatos</greek> <greek>kai</greek> <greek>tou</greek> <greek>aimatos</greek>.

CANON VI.

LET the ancient customs in Egypt, Libya and Pentapolis prevail, that the Bishop of Alexandria have jurisdiction in all these, since the like is customary for the Bishop of Rome also. Likewise in Antioch and the other provinces, let the Churches retain their privileges. And this is to be universally understood, that if any one be made bishop without the consent of the Metropolitan, the great Synod has declared that such a man ought not to be a bishop. If, however, two or three bishops shall from natural love of contradiction, oppose the common suffrage of the rest, it being reasonable and in accordance with the ecclesiastical law, then let the choice of the majority prevail.

NOTES.

ANCIENT EPITOME OF CANON VI.

The Bishop of Alexandria shall have jurisdiction over Egypt, Libya, and Pentapolis. As also the Roman bishop over those subject to Rome. So, too, the Bishop of Antioch and the rest over those who are under them. If any be a bishop contrary to the judgment of the Metropolitan, let him be no bishop. Provided it be in accordance with the canons by the suffrage of the majority, if three object, their objection shall be of no force.
Many, probably most, commentators have considered this the most important and most interesting of all the Nicene canons, and a whole library of works has been written upon it, some of the works asserting and some denying what are commonly called the Papal claims. If any one wishes to see a list of the most famous of these works he will find it in Phillips's Kirchenrecht (Bd. ii. S. 35). I shall reserve what I have to say upon this subject to the notes on a canon which seems really to deal with it, confining myself here to an elucidation of the words found in the canon before us.

HAMMOND, W. A.

The object and intention of this canon seems clearly to have been, not to introduce any new powers or regulations into the Church, but to confirm and establish ancient customs already existing. This, indeed, is evident from the very first words of it: "Let the ancient customs be maintained." It appears to have been made with particular reference to the case of the Church of Alexandria, which had been troubled by the irregular proceedings of Miletius, and to confirm the ancient privileges of that see which he had invaded. The latter part of it, however, applies to all Metropolitans, and confirms all their ancient privileges.

FFOULKES.

(Dict. Christ. Antiq. voce Council of Nicaea).

The first half of the canon enacts merely that what had long been customary with respect to such persons in every province should become law, beginning with the province where this principle had been infringed; while the second half declares what was in future to be received as law on two points which custom had not as yet expressly ruled. ... Nobody disputes the meaning of this last half; nor, in fact, would the meaning of the first half have been questioned, had it not included Rome. ... Nobody can maintain that the bishops of Antioch and Alexandria were called patriarchs then, or that the jurisdiction they had then was co-extensive with what they had afterward, when they were so called. ... It is on this clause ["since the like is customary for the Bishops of Rome also"] standing parenthetically between what is decreed for the particular cases of Egypt and Antioch, and in consequence of the interpretation given to it by Rufinus, more particularly, that so much strife has been raised. Rufinus may rank low as a translator, yet, being a native of Aquileia, he cannot have been ignorant of Roman ways, nor, on the other hand, had he greatly misrepresented them, would his version have waited till the seventeenth century to be impeached.

HEFELE.

The sense of the first words of the canon is as follows: "This ancient right is assigned to the Bishop of Alexandria which places under his jurisdiction the whole diocese of Egypt." It is without any reason, then, that the French Protestant Salmasius (Saumaise), the Anglican Beveridge, and the Gallican Launoy, try to show that the Council of Nice granted to the Bishop of Alexandria only the rights of ordinary metropolitans.

BISHOP STILLINGFLEET.

I do confess there was something peculiar in the case of the Bishop of Alexandria, for all the provinces of Egypt were under his immediate care, which was Patriarchal as to extent, but Metropolical in the administration.

JUSTELLUS.

This authority (<greek>exousia</greek>) is that of a Metropolitan which the Nicene Fathers decreed to be his due over the three provinces named in this canon, Egypt, Libya, and Pentapolis, which made up the whole diocese of Egypt, as well in matters civil as ecclesiastical.
On this important question Hefele refers to the dissertation of Dupin, in his work De Antiqua Ecclesoe Disciplina. Hefele says: "It seems to me beyond a doubt that in this canon there is a question about that which was afterward calm the patriarchate of the Bishop of Alexandria; that is to say that he had a certain recognized ecclesiastical authority, not only over several civil provinces, but also over several ecclesiastical provinces (which had their own metropolitans);" and further on (p. 392) he adds: "It is incontestable that the civil provinces of Egypt, Libya, Pentapolis and Thebais, which were all in subjection to the Bishop of Alexandria, were also ecclesiastical provinces with their own metropolitans; and consequently it is not the ordinary fights of metropolitans that the Sixth Canon of Nice confers on the Bishop of Alexandria, but the rights of a superior Metropolitan, that is, of a Patriarch."
There only remains to see what were the bounds of the jurisdiction of the Bishop of Antioch. The civil diocese of Oriens is shown by the Second Canon of Constantinople to be conterminous with what was afterward called the Patriarchate of Antioch. The see of Antioch had, as we know, several metropolitans subject to it, among them Caesarea, under whose jurisdiction was Palestine. Justellus, however, is of opinion that Pope Innocent I. was in error when he asserted that all the Metropolitans of Oriens were to be ordained by him by any peculiar authority, and goes so far as to stigmatize his words as "contrary to the mind of the Nicene Synod."(1)

EXCURSUS ON THE EXTENT OF THE JURISDICTION OF THE BISHOP OF ROME OVER THE SUBURBICAN CHURCHES.

Although, as Hefele well says, "It is evident that the Council has not in view here the primacy of the Bishop of Rome over the whole Church, but simply his power as a patriarch," yet it may not be unimportant to consider what his patriarchal limits may have been.

(Hefele, Hist. Councils, Vol. I., p. 397.)

The translation of this [VI.] canon by Rufinus has been especially an apple of discord. Et ut apud Alexandriam et in urbe Roma vetusta consuetudo servetur, ut vel ille Egypti vel hic suburbicariarum ecclesiarum sollicitudinem gerat. In the seventeenth century this sentence of Rufinus gave rise to a very lively discussion between the celebrated jurist, Jacob Gothfried (Gothofredus), and his friend, Salmasius, on one side, and the Jesuit, Sirmond, on the other. The great prefecture of Italy, which contained about a third of the whole Roman Empire, was divided into four vicariates, among which the vicariate of Rome was the first. At its head were two officers, the proefectus urbi and the vicarius urbis. The proefectus urbi exercised authority over the city of Rome, and further in a suburban circle as far as the hundredth milestone, The boundary of the vicarins urbis comprised ten provinces--Campania, Tuscia with Ombria, Picenum, Valeria, Samnium, Apulia with Calabria, Lucania and that of the Brutii, Sicily, Sardinia, and Corsica. Gothfried and Salmasius maintained, that by the regiones suburbicarioe the little territory of the proefectus urbi must be understood; while, according to Sirmond, these words designate the whole territory of the vicarius urbis. In our time Dr. Maasen has proved in his book,(2) already quoted several times, that Gothfried and Salmasius were right in maintaining that, by the regiones suburbicarioe, the little territory of the proefectus urbi must be alone understood.
Hefele thinks that Phillips "has proved" that the Bishop of Rome had patriarchal rights over places outside the limits of the ten provinces of the vicarius urbis; but does not agree with Phillips in thinking Rufinus in error. As a matter of fact the point is a difficult one, and has little to do with the gist of the meaning of the canon. One thing is certain: the early Latin version of the canons, called the Prisca, was not satisfied with the Greek wording and made the Canon read thus: "It is of ancient custom that the bishop of the city of Rome should have a primacy (principatum), so that he should govern with care the suburban places, AND ALL HIA OWN PROVINCE."(1) Another interesting reading is that found in several MSS. which begins, "The Church of Rome hath always had a primacy (primatum)," and as a matter of fact the early date of this addition is evinced by the fact that the canon was actually quoted in this shape by Paschasinus at the Council of Chalcedon.
Hefele further on says, "The Greek commentators Zonaras and Balsamon (of the twelfth century) say very explicitly, in their explanation of the Canons of Nice, that this sixth canon confirms the rights of the Bishop of Rome as patriarch over the whole West," and refers to Beveridge's Syodicon, Tom. I., pp. 66 and 67. After diligent search I can find nothing to warrant the great amplitude of this statement. Balsamon's interpretation is very vague, being simply that the Bishop of Rome is over the Western Eparchies (<greek>tpn</greek> <greek>esperiwn</greek> <greek>eparkiwn</greek>) and Zonaras still more vaguely says that <greek>tpn</greek> <greek>esperiwn</greek> <greek>arkein</greek> <greek>eqos</greek> <greek>ekrathse</greek>. That the whole West was in a general way understood to be in the Roman Patriarchate I have no doubt, that the Greek scholiasts just quoted deemed it to be so I think most probably the case, but it does not seem to me that they have said so in the particular place cited. It seems to me that all they meant to say was that the custom observed at Alexandria and Antioch was no purely Eastern and local thing, for a similar state of affairs was found in the West.

CANON VII.

SINCE custom and ancient tradition have prevailed that the Bishop of AElia [i.e., Jerusalem] should be honoured, let him, saving its due dignity to the Metropolis, have the next place of honour.

NOTES.

ANCIENT EPITOME OF CANON VII.

Let the Bishop of AElia be honoured, the rights of the Metropolis being preserved intact.
There would seem to be a singular fitness in the Holy City Jerusalem holding a very exalted position among the sees of Christendom, and it may appear astonishing that in the earliest times it was only a suffragan see to the great Church of Caesarea. It must be remembered, however, that only about seventy years after our Lord's death the city of Jerusalem was entirely destroyed and ploughed as a field according to the prophet. As a holy city Jerusalem was a thing of the past for long years, and it is only in the beginning of the second century that we find a strong Christian Church growing up in the rapidly increasing city, called no longer Jerusalem, but aelia Capitolina. Possibly by the end of the second century the idea of the holiness of the site began to lend dignity to the occupant of the see; at all events Eusebius(2) tells us that "at a synod held on the subject of the Easter controversy in the time of Pope Victor, Theophilus of Caesarea and Narcissus of Jerusalem were presidents."
It was this feeling of reverence which induced the passing of this seventh canon. It is very hard to determine just what was the "precedence" granted to the Bishop of AElia, nor is it clear which is the metropolis referred to in the last clause. Most writers, including Hefele, Balsamon, Aristenus and Beveridge consider it to be Caesarea; while Zonaras thinks Jerusalem to be intended, a view recently adopted and defended by Fuchs; [3] others again suppose it is Antioch that is referred to.

EXCURSUS ON THE RISE OF THE PATRIARCHATE OF JERUSALEM.

The narrative of the successive steps by which the See of Jerusalem rose from being nothing but AElia, a Gentile city, into one of the five patriarchal sees is sad reading for a Christian. It is but the record of ambition and, worse still, of knavery. No Christian can for a moment grudge to the Holy City of the old dispensation the honour shewn it by the Church, but he may well wish that the honour had been otherwise obtained. A careful study of such records as we possess shews that until the fifth century the Metropolitan of Caesarea as often took precedence of the Bishop of Jerusalem as vice versa, and Beveridge has taken great pains to shew that the learned De Marca is in error in supposing that the Council of Nice assigned to Jerusalem a dignity superior to Caesarea, and only inferior to Rome, Alexandria, and Antioch. It is true that in the signatures the Bishop of Jerusalem does sign before his metropolitan, but to this Beveridge justly replies that the same is the case with the occupants of two other of his suffragan sees. Bishop Beveridge's opinion is that the Council assigned Jerusalem the second place in the province, such as London enjoys in the Province of Canterbury. This, however, would seem to be as much too little as De Marca's contention grants too much. It is certain that almost immediately after the Council had adjourned, the Bishop of Jerusalem, Maximus, convoked a synod of Palestine, without any reference to Caesarea, which consecrated bishops and acquitted St. Athanasius. It is true that he was reprimanded for doing so,(1) but yet it clearly shews how lie intended to understand the action of Nice. The matter was not decided for a century more, and then through the chicanery of Juvenal the bishop of Jerusalem.

(Canon Venables, Dict. Christ. Biography.)

Juvenalis succeeded Praylius as bishop of Jerusalem somewhere about 420 A.D. The exact year cannot be determined. The episcopate of Praylius, which commenced in 417 A.D., was but short, and we can hardly give it at most more than three years. The statement of Cyril of Scythopolis, in his Life of St. Euthymius (c. 96), that Juvenal died "in the forty-fourth year of his episcopate," 458 A.D., is certainly incorrect, as it would make his episcopate begin in 414 A.D., three years before that of his predecessor. Juvenal occupies a prominent position during the Nestorian and Eutychian troubles towards the middle of the fifth century. But the part played by him at the councils of Ephesus and Chalcedon, as well as at the disgraceful <greek>lhstrikh</greek> of 449, was more conspicuous than creditable, and there are few of the actors in these turbulent and saddening scenes who leave a more unpleasing impression. The ruling object of Juvenal's episcopate, to which everything else was secondary, and which guided all his conduct, was the elevation of the see of Jerusalem from the subordinate position it held in accordance with the seventh of the canons of the council of Nicaea, as suffragan to the metropolitan see of Caesarea, to a primary place in the episcopate. Not content with aspiring to metropolitan rank, Juvenal coveted patriarchal dignity, and, in defiance of all canonical authority, he claimed jurisdiction over the great see of Antioch, from which he sought to remove Arabia and the two Phoenicias to his own province. At the council of Ephesus, in 431, he asserted for "the apostolic see of Jerusalem the same rank and authority with the apostolic see of Rome" (Labbe, Concil. iii. 642). These falsehoods he did not scruple to support with forged documents ("insolenter ausus per commentitia scripta firmare," Leo. Mag. Ep. 119 [92]), and other disgraceful artifices. Scarcely had Juvenal been consecrated bishop of Jerusalem when he proceeded to assert his claims to the metropolitan rank by his acts. In the letter of remonstrance against the proceedings of the council of Ephesus, sent to Theodosius by the Oriental party, they complain that Juvenal, whose "ambitious designs and juggling tricks" they are only too well acquainted with, had ordained in provinces over which he had no jurisdiction (Labbe, Concil. iii. 728). This audacious attempt to set at nought the Nicene decrees, and to falsify both history and tradition was regarded with the utmost indignation by the leaders of the Christian church. Cyril of Alexandria shuddered at the impious design ("merito perhorrescens," Leo. u. s.), and wrote to Leo, then archdeacon of Rome, informing him of what Juvenal was undertaking, and begging that his unlawful attempts might have no sanction from the apostolic See ("ut nulla illicitis conatibus praeberetur assensio," u. s.). Juvenal, however, was far too useful an ally in his campaign against Nestorius for Cyril lightly to discard. When the council met at Ephesus Juvenal was allowed, without the slightest remonstrance, to take precedence of his metropolitan of Caesarea, and to occupy the position of vice-president of the council, coming next after Cyril himself (Labbe, Concil. iii. 445), and was regarded in all respects as the second prelate in the assembly. The arrogant assertion of his supremacy over the bishop of Antioch, and his claim to take rank next after Rome as an apostolical see, provoked no open remonstrance, and his pretensions were at least tacitly allowed. At the next council, the disgraceful Latrocinium, Juvenal occupied the third place, after Dioscorus and the papal legate, having been specially named by Theodosius, together with Thalassius of Caesarea (who appears to have taken no umbrage at his suffragan being preferred before him), as next in authority to Dioscorus (Labbe, Concil. iv. 109), and he took a leading part in the violent proceedings of that assembly. When the council of Chalcedon met, one of the matters which came before it for settlement was the dispute as to priority between Juvenal and Maximus Bishop of Antioch. The contention was long and severe. It ended in a compromise agreed on in the Seventh Action, <greek>meta</greek> <greek>pollhn</greek> <greek>filoneikian</greek>. Juvenal surrendered his claim to the two Phoenicias and to Arabia, on condition of his being allowed metropolitical jurisdiction over the three Palestines (Labbe, Concil. iv. 613). The claim to patriarchal authority over the Bishop of Antioch put forward at Ephesus was discreetly dropped. TIle difficulty presented by the Nicene canon does not appear to have presented itself to the council, nor was any one found to urge the undoubted claims of the see of Caesarea. The terms arranged between Maximus and Juvenal were regarded as satisfactory, and received the consent of the assembled bishops (ibid. 618). Maximus, however, was not long in repenting of his too ready acquiescence in Juvenal's demands, and wrote a letter of complaint to pope Leo, who replied by the letter which has been already quoted, dated June 11, 453 A.D., in which he upheld the binding authority of the Nicene canons, and commenting in the strongest terms on the greediness and ambition of Juvenal, who allowed no opportunity of forwarding his ends to be lost, declared that as far as he was concerned he would do all he could to maintain the ancient dignity of the see of Antioch (Leo Magn. Ep. ad Maximum, 119 [92]). No further action, however, seems to have been taken either by Leo or by Maximus. Juvehal was left master of the situation, and the church of Jerusalem has from that epoch peaceably enjoyed the patriarchal dignity obtained for it by such base means.

CANON VIII.

CONCERNING those who call themselves Cathari, if they come over to the Catholic and Apostolic Church, the great and holy Synod decrees that they who are ordained shall continue as they are in the clergy. But it is before all things necessary that they should profess in writing that they will observe and follow the dogmas of the Catholic and Apostolic Church; in particular that they will communicate with persons who have been twice married, and with those who having lapsed in persecution have had a period [of penance] laid upon them, and a time [of restoration] fixed so that in all things they will follow the dogmas of the Catholic Church. Wheresoever, then, whether in villages or in cities, all of the ordained are found to be of these only, let them remain in the clergy, and in the same rank in which they are found. But if they come over where there is a bishop or presbyter of the Catholic Church, it is manifest that the Bishop of the Church must have the bishop's dignity; and he who was named bishop by those who are called Cathari shall have the rank of presbyter, unless it shall seem fit to the Bishop to admit him to partake in the honour of the title. Or, if this should not be satisfactory, then shall the bishop provide for him a place as Chorepiscopus, or presbyter, in order that he may be evidently seen to be of the clergy, and that there may not be two bishops in the city.

NOTES.

ANCIENT EPITOME OF CANON VIII.

If those called Cathari come over, let them first make profession that they are willing to communicate with the twice married, and to grant pardon to the lapsed. And on this condition he who happens to be in orders, shall continue in the same order, so that a bishop shall still be bishop. Whoever was a bishop among the Cathari let him, however, become a Chorepiscopus, or let him enjoy the honour of a presbyter or of a bishop. For in one church there shall not be two bishops.
The Cathari or Novatians were the followers of Novatian, a presbyter of Rome, who had been a Stoic philosopher and was delivered, according to his own story, from diabolical possession at his exorcising by the Church before his baptism, when becoming a Catechumen. Being in peril of death by illness he received clinical baptism, and was ordained priest without any further sacred rites being administered to him. During the persecution he constantly refused to assist his brethren, and afterwards raised his voice against what he considered their culpable laxity in admitting to penance the lapsed. Many agreed with him in this, especially of the clergy, and eventually, in A.D. 251, he induced three bishops to consecrate him, thus becoming, as Fleury remarks,(1) "the first Anti-Pope." His indignation was principally spent upon Pope Cornelius, and to overthrow the prevailing discipline of the Church he ordained bishops and sent them to different parts of the empire as the disseminators of his error. It is well to remember that while beginning only as a schismatic, he soon fell into heresy, denying that the Church had the power to absolve the lapsed. Although condemned by several councils his sect continued on, and like the Montanists they rebaptized Catholics who apostatized to them, and absolutely rejected all second marriages. At the time of the Council of Nice the Novatian bishop at Constantinople, Acesius, was greatly esteemed, and although a schismatic, was invited to attend the council. After having in answer to the emperor's enquiry whether he was willing to sign the Creed, assured him that he was, he went on to explain that his separation was because the Church no longer observed the ancient discipline which forbade that those who had committed mortal sin should ever be readmitted to communion. According to the Novatians he might be exhorted to repentance, but the Church had no power to assure him of forgiveness but must leave him to the judgment of God. It was then that Constantine said, "Acesius, take a ladder, and climb up to heaven alone."(2)

ARISTENUS.

If any of them be bishops or chorepiscopi they shall remain in the same rank, unless perchance in the same city there be found a bishop of the Catholic Church, ordained before their coming. For in this case he that was properly bishop from the first shall have the preference, and he alone shall retain the Episcopal throne. For it is not right that in the same city there should be two bishops. But he who by the Cathari was called bishop, shall be honoured as a presbyter, or (if it so please the bishop), he shall be sharer of the title bishop; but he shall exercise no episcopal jurisdiction.
Zonaras, Balsamon, Beveridge and Van Espen, are of opinion that <greek>keiroqetoumenous</greek> does not mean that they are to receive a new laying on of hands at their reception into the Church, but that it refers to their already condition of being ordained, the meaning being that as they have had Novatian ordination they must be reckoned among the clergy. Dionysius Exiguus takes a different view, as does also the Prisca version, according to which the clergy of the Novatians were to receive a laying on of hands, <greek>keiroqetoumenous</greek>, but that it was not to be a reordination. With this interpretation Hefele seems to agree, founding his opinion upon the fact that the article is wanting before <greek>keiroqetoumenous</greek>, and that <greek>autous</greek> is added. Gratian(1) supposes that this eighth canon orders a re-ordination.

EXCURSUS ON THE CHOREPISCOPI.

There has been much difference of opinion among the learned touching the status of the Chorepiscopus in the early Church. The main question in dispute is as to whether they were always, sometimes, or never, in episcopal orders. Most Anglican writers, including Beveridge, Hammond, Cave, and Routh, have affirmed the first proposition, that they were true bishops, but that, out of respect to the bishop of the City they were forbidden the exercise of certain of their episcopal functions, except upon extraordinary occasions. With this view Binterim(2) also agrees, and Augusti is of the same opinion.(3) But Thomassinus is of a different mind, thinking, so says Hefele,(4) that there were "two classes of chorepiscopi, of whom the one were real bishops, while the other had only the title without consecration."
The third opinion, that they were merely presbyters, is espoused by Morinus and Du Cange, and others who are named by Bingham.(5) This last opinion is now all but universally rejected, to the other two we shall now devote our attention.
For the first opinion no one can speak more learnedly nor more authoritatively than Arthur West Haddon, who writes as follows;

(Haddon, Dict. Christ. Antiq. s. v. Chorepiscopus.)

The chorepiscopus was called into existence in the latter part of the third century, and first in Asia Minor, in order to meet the want of episcopal supervision in the country parts of the now enlarged dioceses without subdivision. [They are] first mentioned in the Councils of Ancyra and Neo-Caesarea A. D. 314, and again in the Council of Nice (which is subscribed by fifteen, all from Asia Minor or Syria). [They became] sufficiently important to require restriction by the time of the Council of Antioch, A. D. 341; and continued to exist in the East until at least the ninth century, when they were supplanted by <greek>exarkoi</greek>. [Chorepiscopi are] first mentioned in the West in the Council of Riez, A. D. 439 (the Epistles of Pope Damasus I. and of Leo. M. respecting them being forgeries), and continued there (but not in Africa, principally in France) until about the tenth century, after which the name occurs (in a decree of Pope Damasus II. ap. Sigeb. in an. 1048) as equivalent to archdeacon, an office from which the Arabic Nicene canons expressly distinguish it. The functions of chorepiscopi, as well as their name, were of an episcopal, not of a presbyterial kind, although limited to minor offices. They overlooked the country district committed to them, "loco episcopi," ordaining readers, exorcists, subdeacons, but, as a rule, not deacons or presbyters (and of course not bishops), unless by express permission of their diocesan bishop. They confirmed in their own districts, and (in Gaul) are mentioned as consecrating churches (vide Du Cange). They granted <greek>eirenikai</greek>, or letters dimissory, which country presbyters were forbidden to do. They had also the honorary privilege (<greek>timwmenoi</greek>) of assisting at the celebration of the Holy Eucharist in the mother city church, which country presbyters had not (Conc. Ancyr. can. xiii.; Neo-Caesar. can. xiv.; Antioch, can. x.; St. Basil M. Epist. 181; Rab. Maur. De Instit. Cler. i. 5, etc. etc.). They were held therefore to have power of ordination, but to lack jurisdiction, save subordinately. And the actual ordination of a presbyter by Timotheus, a chorepiscopus, is recorded (Pallad., Hist. Lausiac. 106).
In the West, i.e. chiefly in Gaul, the order appears to have prevailed more widely, to have usurped episcopal functions without due subordination to the diocesans, and to have been also taken advantage of by idle or worldly diocesans. In consequence it seems to have aroused a strong feeling of hostility, which showed itself, first in a series of papal bulls, condemning them; headed, it is true, by two forged letters respectively of Damasus I. and Leo. M. (of which the latter is merely an interpolated version of Conc. Hispal. II. A.D. 619, can. 7, adding chorepiscopi to presbyteri, of which latter the council really treats), but continuing in a more genuine form, from Leo III. down to Pope Nicholas I. (to Rodolph, Archbishop of Bourges, A.D. 864); the last of whom, however, takes the more moderate line of affirming chorepiscopi to be really bishops, and consequently refusing to annul their ordinations of presbyters and deacons (as previous popes had done), but orders them to keep within canonical limits; and secondly, in a series of conciliar decrees, Conc. Ratispon. A.D. 800, in Capit. lib. iv. c. 1, Paris. A.D. 829, lib. i.c. 27; Meld. A.D. 845, can. 44; Metens. A.D. 888, can. 8, and Capitul. v. 168, vi. 119, vii. 187, 310, 323, 324, annulling all episcopal acts of chorepiscopi, and ordering them to be repeated by "true" bishops; and finally forbidding all further appointments of chorepiscopi at all.
That chorepiscopi as such--i.e. omitting the cases of reconciled or vacant bishops above mentioned, of whose episcopate of course no question is made--were at first truly bishops both in East and West, appears almost certain, both from their name and functions, and even from the arguments of their strong opponents just spoken of. If nothing more could be urged against them, than that the Council of Neo-Caesarea compared them to the Seventy disciples, that the Council of Antioch authorises their consecration by a single bishop, and that they actually were so consecrated (the Antiochene decree might mean merely nomination by the word <greek>ginesqai</greek>, but the actual history seems to rule the term to intend consecration, and the [one] exceptional case of a chorepiscopus recorded [Actt. Episc. Cenoman. ap. Du Cange] in late times to have been ordained by three bishops [in order that he might be a full bishop] merely proves the general rule to the contrary)--and that they were consecrated for "villages," contrary to canon,--then they certainly were bishops. And Pope Nicholas expressly says that they were so. Undoubtedly they ceased to be so in the East, and were practically merged in archdeacons in the West.

For the second opinion, its great champion, Thomassinus shall speak.

(Thomassin, Ancienne et Nouvelle Discipline de l'Eglise, Tom. I. Livre II. chap 1. iii.)

The chorepiscopi were not duly consecrated bishops, unless some bishop had consecrated a bishop for a town and the bishop thus ordained contrary to the canons was tolerated on condition of his submitting himself to the diocesan as though he were only a chorepiscopus. This may be gathered from the fifty-seventh canon of Laodicea.
From this canon two conclusions may be drawn, 1st. That bishops ought not to be ordained for villages, and that as Chorepiscopi could only be placed in villages they could not be bishops. 2d. That sometimes by accident a chorepiscopus might be a bishop, but only through having been canonically lowered to that rank.
The Council of Nice furnishes another example of a bishop lowered to the rank of a chorepiscopus in Canon viii. This canon shows that they should not have been bishops, for two bishops could never be in a diocese, although this might accidentally be the case when a chorepiscopus happened to be a bishop.
This is the meaning which must be given to the tenth canon of Antioch, which directs that chorepiscopi, even if they have received episcopal orders, and have been consecrated bishops, shall keep within the limits prescribed by the canon; that in cases of necessity, they ordain the lower clergy; but that they be careful not to ordain priests or deacons, because this power is absolutely reserved to the Diocesan. It must be added that as the council of Antioch commands that the Diocesan without any other bishop can ordain the chorepiscopus, the position can no longer be sustained that the chorepiscopi were bishops, such a method of consecreting a bishop being contrary to canon xix. of the same council, moreover the canon does not say the chorepiscopus is to be ordained, but uses the word <greek>genesqai</greek> by the bishop of the city (canon x.). The Council of Neocaesarea by referring them to the seventy disciples (in Canon XIV.) has shown the chorepiscopi to be only priests.
But the Council of Ancyra does furnish a difficulty, for the text seems to permit chorepiscopi to ordain priests. But the Greek text must be corrected by the ancient Latin versions. The letter attributed to pope Nicholas, A.D. 864, must be considered a forgery since he recognises the chorepiscopi as real bishops.
If Harmenopulus, Aristenus, Balsamon, and Zonaras seem to accord to the chorepiscopi the power to ordain priests and deacons with the permission of the Diocesan, it is because they are explaining the meaning and setting forth the practice of the ancient councils and not the practice of their own times. But at all events it is past all doubt that before the seventh century there were, by different accidents, chorepiscopi who were really bishops and that these could, with the consent of the diocesan, ordain priests. But at the time these authors wrote, there was not a single chorepiscopus in the entire East, as Balsamon frankly admits in commenting on Canon xiii. of Ancyra.
Whether in the foregoing the reader will think Thomassinus has proved his point, I do not know, but so far as the position of the chorepiscopi in synods is concerned there can be no doubt whatever, and I shall allow Hefele to speak on this point.

(Hefele, History of the Councils, Vol. I. pp. 17, 18.)

The Chorepiscopi (<greek>kwrepiskopoi</greek>), or bishops of country places, seem to have been considered in ancient times as quite on a par with the other bishops, as far as their position in synod was concerned. We meet with them at the Councils of Neocaesarea in the year 314, of Nicaea in 325, of Ephesus in 431. On the other hand, among the 600 bishops of the fourth Ecumenical Council at Chalcedon in 451, there is no chorepiscopus present, for by this time the office had been abolished; but in the Middle Ages we again meet with chorepiscopi of a new kind at Western councils, particularly at those of the French Church, at Langres in 830, at Mayence in 847, at Pontion in 876, at Lyons in 886, at Douzy in 871.

CANON IX.

IF any presbyters have been advanced without examination, or if upon examination they have made confession of crime, and men acting in violation of the canon have laid hands upon them, notwithstanding their confession, such the canon does not admit; for the Catholic Church requires that [only] which is blameless.

NOTES.

ANCIENT EPITOME OF CANON IX.

Whoever are ordained without examination, shall be deposed if it be found out afterwards that they had been guilty.

HEFELE.

The crimes in question are those which were a bar to the priesthood--such as blasphemy, bigamy, heresy, idolatry, magic, etc.--as the Arabic paraphrase of Joseph explains. It is clear that these faults are punishable in the bishop no less than in the priest, and that consequently our canon refers to the bishops as well as to the <greek>presbuteroi</greek> in the more restricted sense. These words of the Greek text, "In the case in which any one might be induced, in opposition to the canon, to ordain such persons," allude to the ninth canon of the Synod of Neocaesarea. It was necessary to pass such ordinances; for even in the fifth century, as the twenty-second letter to Pope Innocent the First testifies, some held that as baptism effaces all former sins, so it takes away all the impedimenta ordinationis which are the results of those sins.

BALSAMON.

Some say that as baptism makes the baptized person a new man, so ordination takes away the sins committed before ordination, which opinion does not seem to agree with the canons.

This canon occurs twice in the Corpus Juris Canonici. Decretum Pars I. Dist. xxiv. c. vij., and Dist. lxxxj., c. iv.

CANON X.

IF any who have lapsed have been ordained through the ignorance, or even with the previous knowledge of the ordainers, this shall not prejudice the canon of the Church for when they are discovered they shall be deposed.

NOTES.

ANCIENT EPITOME OF CANON X.

Whoso had lapsed are to be deposed whether those who ordained and promoted them did so conscious of their guilt or unknowing of it.

HEFELE.

The tenth canon differs from the ninth, inasmuch as it concerns only the lapsi and their elevation, not only to the priesthood, but to any other ecclesiastical preferment as well, and requires their deposition. The punishment of a bishop who should consciously perform such an ordination is not mentioned; but it is incontestable that the lapsi could not be ordained, even after having performed penance; for, as the preceding canon states, the Church requires those who were faultless. It is to be observed that the word <greek>prokeirizein</greek> is evidently employed here in the sense of "ordain," and is used without any distinction from <greek>keirizein</greek>, whilst in the synodal letter of the Council of Nicaea on the subject of the Meletians, there is a distinction between these two words, and <greek>prokeirizein</greek> is used to signify eliger.

This canon is found in Corpus Juris Canonici. Decretum. Pars I. Dist. lxxxi. c.v.

CANON XI.

CONCERNING those who have fallen without compulsion, without the spoiling of their property, without danger or the like, as happened during the tyranny of Licinius, the Synod declares that, though they have deserved no clemency, they shall be dealt with mercifully. As many as were communicants, if they heartily repent, shall pass three years among the hearers; for seven years they shall be prostrators; and for two years they shall communicate with the people in prayers, but without oblation.

NOTES.

ANCIENT EPITOME OF CANON XI.

As many as fell without necessity, even if therefore undeserving of indulgence, yet some indulgence shall be shown them and they shall be prostrators for twelve years.
On the expression "without oblation" (<greek>kwris</greek>
<greek>prosforas</greek>) see the notes to Ancyra, Canon V. where the matter is treated at some length.

LAMBERT.

The usual position of the hearers was just inside the church door. But Zonaras (and Balsamon agrees with him), in his comment on this canon, says, "they are ordered for three years to be hearers, or to stand without the church in the narthex."
I have read "as many as were communicants" (<greek>oi</greek> <greek>pistoi</greek>) thus following Dr. Routh. Vide his Opuscula. Caranza translates in his Summary of the Councils "if they were faithful" and seems to have read <greek>ei</greek> <greek>pistoi</greek>, which is much simpler and makes better sense.

ZONARAS.

The prostrators stood within the body of the church behind the ambo [i.e. the reading desk] and went out with the catechumens.

EXCURSUS ON THE PUBLIC DISCIPLINE OR EXOMOLOGESIS OF THE EARLY CHURCH.

(Taken chiefly from Morinus, De Disciplina in Administratione Sacramenti Poenitentioe; Bingham, Antiquities; and Hammond, The Definitions of Faith, etc. Note to Canon XI. of Nice.)
"In the Primitive Church there was a godly discipline, that at the beginning of Lent, such persons as stood convicted of notorious sin were put to open penance, and punished in this world that their souls might be saved in the day of the Lord; and that others, admonished by their example, might be the more afraid to offend."
The foregoing words from the Commination Service of the Church of England may serve well to introduce this subject. In the history of the public administration of discipline in the Church, there are three periods sufficiently distinctly marked. The first of these ends at the rise of Novatianism in the middle of the second century; the second stretches down to about the eighth century; and the third period shews its gradual decline to its practical abandonment in the eleventh century. The period with which we are concerned is the second, when it was in full force.
In the first period it would seem that public penance was required only of those convicted of what then were called by pre-eminence "mortal sins" (crimena mortalia(1)), viz: idolatry, murder, and adultery. But in the second period the list of mortal sins was greatly enlarged, and Morinus says that "Many Fathers who wrote after Augustine's time, extended the necessity of public penance to all crimes which the civil law punished with death, exile, or other grave corporal penalty."(2) In the penitential canons ascribed to St. Basil and those which pass by the name of St. Gregory Nyssen, this increase of offences requiring public penance will be found intimated.
From the fourth century the penitents of the Church were divided into four classes. Three of these are mentioned in the eleventh canon, the fourth, which is not here referred to, was composed of those styled <greek>sugklaiontes</greek>, flentes or weepers. These were not allowed to enter into the body of the church at all, but stood or lay outside the gates, sometimes covered with sackcloth and ashes. This is the class which is sometimes styled <greek>keimozomenoi</greek>, hybernantes, on account of their being obliged to endure the inclemency of the weather.
It may help to the better understanding of this and other canons which notice the different orders of penitents, to give a brief account of the usual form and arrangement of the ancient churches as well as of the different orders of the penitents.
Before the church there was commonly either an open area surrounded with porticoes, called <greek>mesaulion</greek> or atrium, with a font of water in the centre, styled a cantharus or phiala, or sometimes only an open portico, or <greek>propulaion</greek>. The first variety may still be seen at S. Ambrogio's in Milan, and the latter in Rome at S. Lorenzo's, and in Ravenna at the two S. Apollinares. This was the place at which the first and lowest order of penitents, the weepers, already referred to, stood exposed to the weather. Of these, St. Gregory Thaumaturgus says: "Weeping takes place outside the door of the church, where the sinner must stand and beg the prayers of the faithful as they go in."
The church itself usually consisted of three divisions within, besides these exterior courts and porch. The first part after passing through "the great gates," or doors of the building, was called the Narthex in Greek, and Faerula in Latin, and was a narrow vestibule extending the whole width of the church. In this part, to which Jews and Gentiles, and in most places even heretics and schismatics were admitted, stood the Catechumens, and the Energumens or those afflicted with evil spirits, and