Chapter LX — treats of "Translations of bishops in the Latin Church

treats of "Translations of bishops in the Latin Church during the first five centuries." Chapter LXI. "Translations in the Eastern Church, during the first five centuries." Chapter LXII. "Translation of bishops and bishoprics between the years five hundred and eight hundred." Chapter LXIII. "Translation under the empire of Charlemagne and his descendants." Chapter LXIV. "Translation of bishops after the year one thousand." Of all this I can in the text give but a brief resumé.

Canon XVI.

Neither presbyters, nor deacons, nor any others enrolled among the clergy, who, not having the fear of God before their eyes, nor regarding the ecclesiastical Canon, shall recklessly remove from their own church, ought by any means to be received by another church; but every constraint should be applied to restore them to their own parishes; and, if they will not go, they must be excommunicated. And if anyone shall dare surreptitiously to carry off and in his own Church ordain a man belonging to another, without the consent of his own proper bishop, from whom although he was enrolled in the clergy list he has seceded, let the ordination be void.

Notes.

Ancient Epitome of Canon XVI.

Such presbyters or deacons as desert their own Church are not to be admitted into another, but are to be sent back to their own diocese. But if any bishop should ordain one who belongs to another Church without the consent of his own bishop, the ordination shall be cancelled.

"Parish" in this canon, as so often elsewhere, means "diocese."

Balsamon.

It seemed right that the clergy should have no power to move from city to city and to change their canonical residence without letters dimissory from the bishop who ordained them. But such clerics as are called by the bishops who ordained them and cannot be persuaded to return, are to be separated from communion, that is to say, not to be allowed to concelebrate (sunierourgein) with them, for this is the meaning of "excommunicated" in this place, and not that they should not enter the church nor receive the sacraments. This decree agrees with canon xv. of the Apostolical canons, which provides that such shall not celebrate the liturgy. Canon xvj. of the same Apostolical canons further provides that if a bishop receive a cleric coming to him from another diocese without his bishop's letters dimissory, and shall ordain him, such a bishop shall be separated. From all this it is evident that the Chartophylax of the Great Church for the time does rightly in refusing to allow priests ordained in other dioceses to offer the sacrifice unless they bring with them letters commendatory and dimissory from those who ordained them.

Zonaras had also in his Scholion given the same explanation of the canon.

This canon is found in the Corpus Juris Canonici, divided into two. Decretum. Pars II, Causa VII. Quæst. I. c. xxiij.; and Pars I. Dist. LXXI., c. iij.

Canon XVII.

Forasmuch as many enrolled among the Clergy, following covetousness and lust of gain, have forgotten the divine Scripture, which says, "He hath not given his money upon usury," and in lending money ask the hundredth of the sum [as monthly interest], the holy and great Synod thinks it just that if after this decree any one be found to receive usury, whether he accomplish it by secret transaction or otherwise, as by demanding the whole and one half, or by using any other contrivance whatever for filthy lucre's sake, he shall be deposed from the clergy and his name stricken from the list.

Notes.

Ancient Epitome of Canon XVII.

If anyone shall receive usury or 150 per cent, he shall be cast forth and deposed, according to this decree of the Church.

Van Espen.

Although the canon expresses only these two species of usury, if we bear in mind the grounds on which the prohibition was made, it will be manifest that every kind of usury is forbidden to clerics and under any circumstances, and therefore the translation of this canon sent by the Orientals to the Sixth Council of Carthage is in no respect alien to the true intent of the canon; for in this version no mention is made of any particular kind of usury, but generally the penalty is assigned to any clerics who "shall be found after this decree taking usury" or thinking out any other scheme for the sake of filthy lucre.

This Canon is found in the Corpus Juris Canonici, in the first part of the Decretum, in Dionysius's version. Dist. xlvii, c. ii, and again in Isidore's version in Pars II, Causa xiv. Quæs. iv., c. viii.

Excursus on Usury.

The famous canonist Van Espen defines usury thus: "Usura definitur lucrum ex mutuo exactum aut speratum;" and then goes on to defend the proposition that, "Usury is forbidden by natural, by divine, and by human law. The first is proved thus. Natural law, as far as its first principles are concerned, is contained in the decalogue; but usury is prohibited in the decalogue, inasmuch as theft is prohibited; and this is the opinion of the Master of the Sentences, of St. Bonaventura, of St. Thomas and of a host of others: for by the name of theft in the Law all unlawful taking of another's goods is prohibited; but usury is an unlawful, etc." For a proof of usury's being contrary to divine law he cites Ex. xxii. 25, and Deut. xxiii. 29; and from the New Testament Luke vi. 34. "The third assertion is proved thus. Usury is forbidden by human law: The First Council of Nice in Canon VII. deposed from the clergy and from all ecclesiastical rank, clerics who took usury; and the same thing is the case with an infinite number of councils, in fact with nearly all e.g. Elvira, ij, Arles j, Carthage iij, Tours iij, etc. Nay, even the pagans themselves formerly forbid it by their laws." He then quotes Tacitus (Annal. lib. v.), and adds, "with what severe laws the French Kings coerced usurers is evident from the edicts of St. Louis, Philip IV., Charles IX., Henry III., etc."

There can be no doubt that Van Espen in the foregoing has accurately represented and without any exaggeration the universal opinion of all teachers of morals, theologians, doctors, Popes, and Councils of the Christian Church for the first fifteen hundred years. All interest exacted upon loans of money was looked upon as usury, and its reception was esteemed a form of theft and dishonesty. Those who wish to read the history of the matter in all its details are referred to Bossuet's work on the subject, Traité de l'Usure, where they will find the old, traditional view of the Christian religion defended by one thoroughly acquainted with all that could be said on the other side.

The glory of inventing the new moral code on the subject, by which that which before was looked upon as mortal sin has been transfigured into innocence, if not virtue, belongs to John Calvin! He made the modern distinction between "interest" and "usury," and was the first to write in defence of this then new-fangled refinement of casuistry. Luther violently opposed him, and Melancthon also kept to the old doctrine, though less violently (as was to be expected); today the whole Christian West, Protestant and Catholic alike, stake their salvation upon the truth of Calvin's distinction! Among Roman Catholics the new doctrine began to be defended about the beginning of the eighteenth century, the work of Scipio Maffei, Dell' impiego dell danaro, written on the laxer side, having attracted a widespread attention. The Ballerini affirm that the learned pope Benedict XIV. allowed books defending the new morals to be dedicated to him, and in 1830 the Congregation of the Holy Office with the approval of the reigning Pontiff, Pius VIII., decided that those who considered the taking of interest allowed by the state law justifiable, were "not to be disturbed." It is entirely disingenuous to attempt to reconcile the modern with the ancient doctrine; the Fathers expressly deny that the State has any power to make the receiving of interest just or to fix its rate, there is but one ground for those to take who accept the new teaching, viz. that all the ancients, while true on the moral principle that one must not defraud his neighbour nor take unjust advantage of his necessity, were in error concerning the facts, in that they supposed that money was barren, an opinion which the Schoolmen also held, following Aristotle. This we have found in modern times, and amid modern circumstances, to be an entire error, as Gury, the famous modern casuist, well says, "fructum producit et multiplicatur per se."

That the student may have it in his power to read the Patristic view of the matter, I give a list of the passages most commonly cited, together with a review of the conciliar action, for all which I am indebted to a masterly article by Wharton B. Marriott in Smith and Cheetham's Dictionary of Christian Antiquities (s.v. Usury).

Although the conditions of the mercantile community in the East and the West differed materially in some respects, the fathers of the two churches are equally explicit and systematic in their condemnation of the practice of usury. Among those belonging to the Greek church we find Athanasius (Expos. in Ps. xiv); Basil the Great (Hom. in Ps. xiv). Gregory of Nazianzum (Orat. xiv. in Patrem tacentem). Gregory of Nyssa (Orat. cont. Usurarios); Cyril of Jerusalem (Catech. iv. c. 37), Epiphanius (adv. Hæres. Epilog. c. 24), Chrysostom (Hom. xli. in Genes), and Theodoret (Interpr. in Ps. xiv. 5, and liv. 11). Among those belonging to the Latin church, Hilary of Poitiers (in Ps. xiv); Ambrose (de Tobia liber unus). Jerome (in Ezech. vi. 18); Augustine de Baptismo contr. Donatistas, iv. 19); Leo the Great (Epist. iii. 4), and Cassiodorus (in Ps. xiv. 10).

The canons of later councils differ materially in relation to this subject, and indicate a distinct tendency to mitigate the rigour of the Nicæan interdict. That of the council of Carthage of the year 348 enforces the original prohibition, but without the penalty, and grounds the veto on both Old and New Testament authority, "nemo contra prophetas, nemo contra evangelia facit sine periculo" (Mansi, iii. 158). The language, however, when compared with that of the council of Carthage of the year 419, serves to suggest that, in the interval, the lower clergy had occasionally been found having recourse to the forbidden practice, for the general terms of the earlier canon, "ut non liceat clericis fenerari," are enforced with greater particularity in the latter, "Nec omnino cuiquam clericorum liceat de qualibet re foenus accipere" (Mansi, iv. 423). This supposition is supported by the language of the council of Orleans (a.d. 538), which appears to imply that deacons were not prohibited from lending money at interest, "Et clericus a diaconatu, et supra, pecuniam non commodet ad usuras" (ib. ix. 18). Similarly, at the second council of Trullanum (a.d. 692) a like liberty would appear to have been recognised among the lower clergy (Hardouin, iii. 1663). While, again, the Nicæan canon requires the immediate deposition of the ecclesiastic found guilty of the practice, the Apostolical canon enjoins that such deposition is to take place only after he has been admonished and has disregarded the admonition.

Generally speaking, the evidence points to the conclusion that the Church imposed no penalty on the layman. St. Basil (Epist. clxxxviii. can. 12), says that a usurer may even be admitted to orders, provided he gives his acquired wealth to the poor and abstains for the future from the pursuit of gain (Migne, Patrol. Græc. xxxii. 275). Gregory of Nyssa says that usury, unlike theft, the desecration of tombs, and sacrilege (hierosulia ), is allowed to pass unpunished, although among the things forbidden by Scripture, nor is a candidate at ordination ever asked whether or no he has been guilty of the practice (Migne, ib. xlv. 233). A letter of Sidonius Apollinaris (Epist. vi. 24) relating an experience of his friend Maximus, appears to imply that no blame attached to lending money at the legal rate of interest, and that even a bishop might be a creditor on those terms. We find also Desideratus, bishop of Verdun, when applying for a loan to king Theodebert, for the relief of his impoverished diocese, promising repayment, "cum usuris legitimis," an expression which would seem to imply that in the Gallican church usury was recognised as lawful under certain conditions (Greg. Tur. Hist. Franc. iii. 34). So again a letter (Epist. ix. 38) of Gregory the Great seems to shew that he did not regard the payment of interest for money advanced by one layman to another as unlawful. But on the other hand, we find in what is known as archbishop Theodore's "Penitential" (circ. a.d. 690) what appears to be a general law on the subject, enjoining "Sie quis usuras undecunque exegerit...tres annos in pane et aqua" (c. xxv. 3); a penance again enjoined in the Penitential of Egbert of York (c. ii. 30). In like manner, the legates, George and Theophylact, in reporting their proceedings in England to pope Adrian I. (a.d. 787), state that they have prohibited "usurers," and cite the authority of the Psalmist and St. Augustine (Haddan and Stubbs, Conc. iii. 457). The councils of Mayence, Rheims, and Châlons, in the year 813, and that of Aix in the year 816, seem to have laid down the same prohibition as binding both on the clergy and the laity (Hardouin, Conc. iv. 1011, 1020, 1033, 1100).

Muratori, in his dissertation on the subject (Antichità, vol. i.), observes that "we do not know exactly how commerce was transacted in the five preceding centuries," and consequently are ignorant as to the terms on which loans of money were effected.

Canon XVIII.

It has come to the knowledge of the holy and great Synod that, in some districts and cities, the deacons administer the Eucharist to the presbyters, whereas neither canon nor custom permits that they who have no right to offer should give the Body of Christ to them that do offer. And this also has been made known, that certain deacons now touch the Eucharist even before the bishops. Let all such practices be utterly done away, and let the deacons remain within their own bounds, knowing that they are the ministers of the bishop and the inferiors of the presbyters. Let them receive the Eucharist according to their order, after the presbyters, and let either the bishop or the presbyter administer to them. Furthermore, let not the deacons sit among the presbyters, for that is contrary to canon and order. And if, after this decree, any one shall refuse to obey, let him be deposed from the diaconate.

Notes.

Ancient Epitome of Canon XVIII.

Deacons must abide within their own bounds. They shall not administer the Eucharist to presbyters, nor touch it before them, nor sit among the presbyters. For all this is contrary to canon, and to decent order.

Van Espen.

Four excesses of deacons this canon condemns, at least indirectly. The first was that they gave the holy Communion to presbyters. To understand more easily the meaning of the canon it must be remembered that the reference here is not to the presbyters who were sacrificing at the altar but to those who were offering together with the bishop who was sacrificing; by a rite not unlike that which to-day takes place, when the newly ordained presbyters or bishops celebrate mass with the ordaining bishop; and this rite in old times was of daily occurrence, for a full account of which see Morinus De SS. Ordinat. P. III. Exercit. viij....The present canon does not take away from deacons the authority to distribute the Eucharist to laymen, or to the minor clergy, but only reproves their insolence and audacity in presuming to administer to presbyters who were concelebrating with the bishop or another presbyter....

The second abuse was that certain deacons touched the sacred gifts before the bishop. The vulgar version of Isidore reads for "touched" "received," a meaning which Balsamon and Zonaras also adopt, and unless the Greek word, which signifies "to touch," is contrary to this translation, it seems by no means to be alien to the context of the canon.

"Let them receive the Eucharist according to their order, after the presbyters, and let the bishop or the presbyter administer to them." In these words it is implied that some deacons had presumed to receive Holy Communion before the presbyters, and this is the third excess of the deacon which is condemned by the Synod.

And lastly, the fourth excess was that they took a place among the presbyters at the very time of the sacrifice, or "at the holy altar," as Balsamon observes.

From this canon we see that the Nicene fathers entertained no doubt that the faithful in the holy Communion truly received "the body of Christ." Secondly, that that was "offered" in the church, which is the word by which sacrifice is designated in the New Testament, and therefore it was at that time a fixed tradition that there was a sacrifice in which the body of Christ was offered. Thirdly that not to all, nor even to deacons, but only to bishops and presbyters was given the power of offering. And lastly, that there was recognized a fixed hierarchy in the Church, made up of bishops and presbyters and deacons in subordination to these.

Of course even at that early date there was nothing new in this doctrine of the Eucharist. St. Ignatius more than a century and a half before, wrote as follows: "But mark ye those who hold strange doctrine touching the grace of Jesus Christ which came to us, how that they are contrary to the mind of God. They have no care for love, none for the widow, none for the orphan, none for the afflicted, none for the prisoner, none for the hungry or thirsty. They abstain from eucharist (thanksgiving) and prayer, because they allow not that the Eucharist is the flesh of our Saviour Jesus Christ, which flesh suffered for our sins, and which the Father of his goodness raised up."

In one point the learned scholiast just quoted has most seriously understated his case. He says that the wording of the canon shews "that the Nicene fathers entertained no doubt that the faithful in the holy Communion truly received the body of Christ.'" Now this statement is of course true because it is included in what the canon says, but the doctrinal statement which is necessarily contained in the canon is that "the body of Christ is given" by the minister to the faithful. This doctrine is believed by all Catholics and by Lutherans, but is denied by all other Protestants; those Calvinists who kept most nearly to the ordinary Catholic phraseology only admitting that "the sacrament of the Body of Christ" was given in the supper by the minister, while "the body of Christ," they taught, was present only in the soul of the worthy communicant (and in no way connected with the form of bread, which was but the divinely appointed sign and assurance of the heavenly gift), and therefore could not be "given" by the priest.

This canon is found in the Corpus Juris Canonici, Decretum. Pars I. Dist. XCIII., c. xiv.

Canon XIX.

Concerning the Paulianists who have flown for refuge to the Catholic Church, it has been decreed that they must by all means be rebaptized; and if any of them who in past time have been numbered among their clergy should be found blameless and without reproach, let them be rebaptized and ordained by the Bishop of the Catholic Church; but if the examination should discover them to be unfit, they ought to be deposed. Likewise in the case of their deaconesses, and generally in the case of those who have been enrolled among their clergy, let the same form be observed. And we mean by deaconesses such as have assumed the habit, but who, since they have no imposition of hands, are to be numbered only among the laity.

Notes.

Ancient Epitome of Canon XIX.

Paulianists must be rebaptised, and if such as are clergymen seem to be blameless let them be ordained. If they do not seem to be blameless, let them be deposed. Deaconesses who have been led astray, since they are not sharers of ordination, are to be reckoned among the laity.

Ffoulkes.

(Dict. Chr. Ant. s.v. Nicæa, Councils of.)

That this is the true meaning of the phrase horos ektetheitai, viz. "a decree has now been made," is clear from the application of the words horos in Canon xvii., and horisen, in Canon vi. It has been a pure mistake, therefore, which Bp. Hefele blindly follows, to understand it of some canon previously passed, whether at Arles or elsewhere.

Justellus.

Here cheirothesia is taken for ordination or consecration, not for benediction,...for neither were deaconesses, sub-deacons, readers, and other ministers ordained, but a blessing was merely pronounced over them by prayer and imposition of hands.

Aristenus.

Their (the Paulicians') deaconesses also, since they have no imposition of hands, if they come over to the Catholic Church and are baptized, are ranked among the laity.

With this Zonaras and Balsamon also agree.

Hefele.

By Paulianists must be understood the followers of Paul of Samosata the anti-Trinitarian who, about the year 260, had been made bishop of Antioch, but had been deposed by a great Synod in 269. As Paul of Samosata was heretical in his teaching on the Holy Trinity the Synod of Nice applied to him the decree passed by the council of Arles in its eighth canon. "If anyone shall come from heresy to the Church, they shall ask him to say the creed; and if they shall perceive that he was baptized into the Father, and the Son, and the Holy Ghost, he shall have a hand laid on him only that he may receive the Holy Ghost. But if in answer to their questioning he shall not answer this Trinity, let him be baptized."

The Samosatans, according to St. Athanasius, named the Father, Son and Holy Spirit in administering baptism (Orat. ii, Contra Arian. No. xliii.), but as they gave a false meaning to the baptismal formula and did not use the words Son and Holy Spirit in the usual sense, the Council of Nice, like St. Athanasius himself, considered their baptism as invalid.

There is great difficulty about the text of the clause beginning "Likewise in the case, etc.," and Gelasius, the Prisca, Theilo and Thearistus, (who in 419 translated the canons of Nice for the African bishops), the Pseudo-Isidore, and Gratian have all followed a reading diakonon, instead of diakonisson. This change makes all clear, but many canonists keep the ordinary text, including Van Espen, with whose interpretation Hefele does not agree.

The clause I have rendered "And we mean by deaconesses" is most difficult of translation. I give the original, 'Emnesthemen de diakonisson ton en to schemati exetastheison, epei k.t.l. Hefele's translation seems to me impossible, by schemati he understands the list of the clergy just mentioned.

Excursus on the Deaconess of the Early Church.

It has been supposed by many that the deaconess of the Early Church had an Apostolic institution and that its existence may be referred to by St. Paul in his Epistle to the Romans (xvi. 1) where he speaks of Phoebe as being a diakonos of the Church of Cenchrea. It moreover has been suggested that the "widows" of 1 Tim. v. 9 may have been deaconesses, and this seems not unlikely from the fact that the age for the admission of women to this ministry was fixed by Tertullian at sixty years (De Vel. Virg. Cap. ix.), and only changed to forty, two centuries later by the Council of Chalcedon, and from the further fact that these "widows" spoken of by St. Paul seem to have had a vow of chastity, for it is expressly said that if they marry they have "damnation, because they have cast off their first faith" (1 Tim. v. 12).

These women were called diakonissai, presbutides (which must be distinguished from the presbuterai, a poor class referred to in the Apostolic Constitutions (ii. 28) who are to be only invited frequently to the love-feasts, while the presbutides had a definite allotment of the offerings assigned to their support), cherai, diaconissæ, presbyteræ, and viduæ.

The one great characteristic of the deaconess was that she was vowed to perpetual chastity. The Apostolical Constitutions (vi. 17) say that she must be a chaste virgin (parthenos hagne) or else a widow. The writer of the article "Deaconess" in the Dictionary of Christian Antiquities says: "It is evident that the ordination of deaconesses included a vow of celibacy." We have already seen the language used by St. Paul and of this the wording of the canon of Chalcedon is but an echo (Canon xv). "A woman shall not receive the laying on of hands as a deaconess under forty years of age, and then only after searching examination. And if, after she has had hands laid on her, and has continued for a time to minister, she shall despise the Grace of God and give herself in marriage, she shall be anathematized and the man who is united to her." The civil law went still further, and by Justinian's Sixth Novel (6) those who attempted to marry are subjected to forfeiture of property and capital punishment. In the collect in the ancient office there is a special petition that the newly admitted deaconess may have the gift of continence.

The principal work of the deaconess was to assist the female candidates for holy baptism. At that time the sacrament of baptism was always administered by immersion (except to those in extreme illness) and hence there was much that such an order of women could be useful in. Moreover they sometimes gave to the female catechumens preliminary instruction, but their work was wholly limited to women, and for a deaconess of the Early Church to teach a man or to nurse him in sickness would have been an impossibility. The duties of the deaconess are set forth in many ancient writings, I cite here what is commonly known as the XII Canon of the Fourth Council of Carthage, which met in the year 398:

"Widows and dedicated women (sanctimoniales) who are chosen to assist at the baptism of women, should be so well instructed in their office as to be able to teach aptly and properly unskilled and rustic women how to answer at the time of their baptism to the questions put to them, and also how to live godly after they have been baptized." This whole matter is treated clearly by St. Epiphanius who, while indeed speaking of deaconesses as an order (tagma), asserts that "they were only women-elders, not priestesses in any sense, that their mission was not to interfere in any way with Sacerdotal functions, but simply to perform certain offices in the care of women" (Hær. lxxix., cap. iij). From all this it is evident that they are entirely in error who suppose that "the laying on of hands" which the deaconesses received corresponded to that by which persons were ordained to the diaconate, presbyterate, and episcopate at that period of the church's history. It was merely a solemn dedication and blessing and was not looked upon as "an outward sign of an inward grace given." For further proof of this I must refer to Morinus, who has treated the matter most admirably. (De Ordinationibus, Exercitatio X.)

The deaconesses existed but a short while. The council of Laodicea as early as a.d. 343-381, forbade the appointment of any who were called presbutides (Vide Canon xi); and the first council of Orange, a.d. 441, in its twenty-sixth canon forbids the appointment of deaconesses altogether, and the Second council of the same city in canons xvij and xviij, decrees that deaconesses who married were to be excommunicated unless they renounced the men they were living with, and that, on account of the weakness of the sex, none for the future were to be ordained.

Thomassinus, to whom I refer the reader for a very full treatment of the whole subject, is of opinion that the order was extinct in the West by the tenth or twelfth century, but that it lingered on a little later at Constantinople but only in conventual institutions. (Thomassin, Ancienne et Nouvelle Discipline de l' Eglise, I Partie, Livre III.)

Canon XX.

Forasmuch as there are certain persons who kneel on the Lord's Day and in the days of Pentecost, therefore, to the intent that all things may be uniformly observed everywhere (in every parish), it seems good to the holy Synod that prayer be made to God standing.

Notes.

Ancient Epitome of Canon XX.

On Lord's days and at Pentecost all must pray standing and not kneeling.

Hammond.

Although kneeling was the common posture for prayer in the primitive Church, yet the custom had prevailed, even from the earliest times, of standing at prayer on the Lord's day, and during the fifty days between Easter and Pentecost. Tertullian, in a passage in his treatise De Corona Militis, which is often quoted, mentions it amongst other observances which, though not expressly commanded in Scripture, yet were universally practised upon the authority of tradition. "We consider it unlawful," he says, "to fast, or to pray kneeling, upon the Lord's day; we enjoy the same liberty from Easter-day to that of Pentecost." De Cor. Mil. s. 3, 4. Many other of the Fathers notice the same practice, the reason of which, as given by Augustine and others, was to commemorate the resurrection of our Lord, and to signify the rest and joy of our own resurrection, which that of our Lord assured. This canon, as Beveridge observes, is a proof of the importance formerly attached to an uniformity of sacred rites throughout the Church, which made the Nicene Fathers thus sanction and enforce by their authority a practice which in itself is indifferent, and not commanded directly or indirectly in Scripture, and assign this as their reason for doing so: "In order that all things may be observed in like manner in every parish" or diocese.

Hefele.

All the churches did not, however, adopt this practice; for we see in the Acts of the Apostles (xx. 36 and xxi. 5) that St. Paul prayed kneeling during the time between Pentecost and Easter.

This canon is found in the Corpus Juris Canonici. Decretum, Pars III, De Conc. Dist. III. c. x.

Excursus on the Number of the Nicene Canons.

There has come down to us a Latin letter purporting to have been written by St. Athanasius to Pope Marcus. This letter is found in the Benedictine edition of St. Athanasius's works (ed. Patav. ii. 599) but rejected as spurious by Montfaucon the learned editor. In this letter is contained the marvellous assertion that the Council of Nice at first adopted forty canons, which were in Greek, that it subsequently added twenty Latin canons, and that afterwards the council reassembled and set forth seventy altogether. A tradition that something of the kind had taken place was prevalent in parts of the East, and some collections did contain seventy canons.

In the Vatican Library is a ms. which was bought for it by the famous Asseman, from the Coptic Patriarch, John, and which contains not only seventy, but eighty canons attributed to the council of Nice. The ms. is in Arabic, and was discovered by J. B. Romanus, S. J., who first made its contents known, and translated into Latin a copy he had made of it. Another Jesuit, Pisanus, was writing a history of the Nicene Council at the time and he received the eighty newly found canons into his book; but, out of respect to the pseudo-Athanasian letter, he at first cut down the number to seventy; but in later editions he followed the ms. All this was in the latter half of the sixteenth century; and in 1578 Turrianus, who had had Father Romanus's translation revised before it was first published, now issued an entirely new translation with a Proëmium containing a vast amount of information upon the whole subject, and setting up an attempted proof that the number of the Nicene Canons exceeded twenty. His argument for the time being carried the day.

Hefele says, "it is certain that the Orientals believed the Council of Nice to have promulgated more than twenty canons: the learned Anglican, Beveridge, has proved this, reproducing an ancient Arabic paraphrase of the canons of the first four Ecumenical Councils. According to this Arabic paraphrase, found in a ms. in the Bodleian Library, the Council of Nice must have put forth three books of canons....The Arabic paraphrase of which we are speaking gives a paraphrase of all these canons, but Beveridge took only the part referring to the second book--that is to say, the paraphrase of the twenty genuine canons; for, according to his view, which was perfectly correct, it was only these twenty canons which were really the work of the Council of Nice, and all the others were falsely attributed to it."

Hefele goes on to prove that the canons he rejects must be of much later origin, some being laws of the times of Theodosius and Justinian according to the opinion of Renaudot.

Before leaving this point I should notice the profound research on these Arabic canons of the Maronite, Abraham Echellensis. He gives eighty-four canons in his Latin translation of 1645, and was of opinion that they had been collected from different Oriental sources, and sects; but that originally they had all been translated from the Greek, and were collected by James, the celebrated bishop of Nisibis, who was present at Nice. But this last supposition is utterly untenable.

Among the learned there have not been wanting some who have held that the Council of Nice passed more canons than the twenty we possess, and have arrived at the conclusion independently of the Arabic discovery, such are Baronius and Card. d'Aguirre, but their arguments have been sufficiently answered, and they cannot present anything able to weaken the conclusion that flows from the consideration of the following facts.

(Hefele: History of the Councils, Vol. I. pp. 355 et seqq. [2d ed.])

Let us see first what is the testimony of those Greek and Latin authors who lived about the time of the Council, concerning the number.

a. The first to be consulted among the Greek authors is the learned Theodoret, who lived about a century after the Council of Nicæa. He says, in his History of the Church: "After the condemnation of the Arians, the bishops assembled once more, and decreed twenty canons on ecclesiastical discipline."

b. Twenty years later, Gelasius, Bishop of Cyzicus, after much research into the most ancient documents, wrote a history of the Nicene Council. Gelasius also says expressly that the Council decreed twenty canons; and, what is more important, he gives the original text of these canons exactly in the same order, and according to the tenor which we find elsewhere.

c. Rufinus is more ancient than these two historians. He was born near the period when the Council of Nicæa was held, and about half a century after he wrote his celebrated history of the Church, in which he inserted a Latin translation of the Nicene canons. Rufinus also knew only of these twenty canons; but as he has divided the sixth and the eighth into two parts, he has given twenty-two canons, which are exactly the same as the twenty furnished by the other historians.

d. The famous discussion between the African bishops and the Bishop of Rome, on the subject of appeals to Rome, gives us a very important testimony on the true number of the Nicene canons. The presbyter Apiarius of Sicca in Africa, having been deposed for many crimes, appealed to Rome. Pope Zosimus (417-418) took the appeal into consideration, sent legates to Africa; and to prove that he had the right to act thus, he quoted a canon of the Council of Nicæa, containing these words: "When a bishop thinks he has been unjustly deposed by his colleagues he may appeal to Rome, and the Roman bishop shall have the business decided by judices in partibus." The canon quoted by the Pope does not belong to the Council of Nicæa, as he affirmed; it was the fifth canon of the Council of Sardica (the seventh in the Latin version). What explains the error of Zosimus is that in the ancient copies the canons of Nicæa and Sardica are written consecutively, with the same figures, and under the common title of canons of the Council of Nicæa; and Zosimus might optima fide fall into an error--which he shared with Greek authors, his contemporaries, who also mixed the canons of Nicæa with those of Sardica. The African bishops, not finding the canon quoted by the Pope either in their Greek or in their Latin copies, in vain consulted also the copy which Bishop Cecilian, who had himself been present at the Council of Nicæa, had brought to Carthage. The legates of the Pope then declared that they did not rely upon these copies, and they agreed to send to Alexandria and to Constantinople to ask the patriarchs of these two cities for authentic copies of the canons of the Council of Nicæa. The African bishops desired in their turn that Pope Boniface should take the same step (Pope Zosimus had died meanwhile in 418)--that he should ask for copies from the Archbishops of Constantinople, Alexandria, and Antioch. Cyril of Alexandria and Atticus of Constantinople, indeed, sent exact and faithful copies of the Creed and canons of Nicæa; and two learned men of Constantinople, Theilo and Thearistus, even translated these canons into Latin. Their translation has been preserved to us in the acts of the sixth Council of Carthage, and it contains only the twenty ordinary canons. It might be thought at first sight that it contained twenty-one canons; but on closer consideration we see, as Hardouin has proved, that this twenty-first article is nothing but an historical notice appended to the Nicene canons by the Fathers of Carthage. It is conceived in these terms: "After the bishops had decreed these rules at Nicæa, and after the holy Council had decided what was the ancient rule for the celebration of Easter, peace and unity of faith were re-established between the East and the West. This is what we (the African bishops) have thought it right to add according to the history of the Church."

The bishops of Africa despatched to Pope Boniface the copies which had been sent to them from Alexandria and Constantinople, in the month of November 419; and subsequently in their letters to Celestine I. (423-432), successor to Boniface, they appealed to the text of these documents.

e. All the ancient collections of canons, either in Latin or Greek, composed in the fourth, or quite certainly at least in the fifth century, agree in giving only these twenty canons to Nicæa. The most ancient of these collections were made in the Greek Church, and in the course of time a very great number of copies of them were written. Many of these copies have descended to us; many libraries possess copies; thus Montfaucon enumerates several in his Bibliotheca Coisliniana. Fabricius makes a similar catalogue of the copies in his Bibliotheca Græca to those found in the libraries of Turin, Florence, Venice, Oxford, Moscow, etc.; and he adds that these copies also contain the so-called apostolic canons, and those of the most ancient councils. The French bishop John Tilius presented to Paris, in 1540, a ms. of one of these Greek collections as it existed in the ninth century. It contains exactly our twenty canons of Nicæa, besides the so-called apostolic canons, those of Ancyra, etc. Elias Ehmger published a new edition at Wittemberg in 1614, using a second ms. which was found at Augsburg; but the Roman collection of the Councils had before given in 1608, the Greek text of the twenty canons of Nicæa. This text of the Roman editors, with the exception of some insignificant variations, was exactly the same as that of the edition of Tilius. Neither the learned Jesuit Sirmond nor his coadjutors have mentioned what manuscripts were consulted in preparing this edition; probably they were manuscripts drawn from several libraries, and particularly from that of the Vatican. The text of this Roman edition passed into all the following collections, even into those of Hardouin and Mansi; while Justell in his Bibliotheca juris Canonici and Beveridge in his Synodicon (both of the eighteenth century), give a somewhat different text, also collated from mss., and very similar to the text given by Tilius. Bruns, in his recent Bibliotheca Ecclesiastica, compares the two texts. Now all these Greek mss., consulted at such different times, and by all these editors, acknowledge only twenty canons of Nicæa, and always the same twenty which we possess.

The Latin collections of the canons of the Councils also give the same result--for example, the most ancient and the most remarkable of all, the Prisca, and that of Dionysius the Less, which was collected about the year 500. The testimony of this latter collection is the more important for the number twenty, as Dionysius refers to the Græca auctoritas.

f. Among the later Eastern witnesses we may further mention Photius, Zonaras and Balsamon. Photius, in his Collection of the Canons, and in his Nomocanon, as well as the two other writers in their commentaries upon the canons of the ancient Councils, quote only and know only twenty canons of Nicæa, and always those which we possess.

g. The Latin canonists of the Middle Ages also acknowledge only these twenty canons of Nicæa. We have proof of this in the celebrated Spanish collection, which is generally but erroneously attributed to St. Isidore (it was composed at the commencement of the seventh century), and in that of Adrian (so called because it was offered to Charles the Great by Pope Adrian I). The celebrated Hincmar, Archbishop of Rheims, the first canonist of the ninth century, in his turn attributes only twenty canons to the Council of Nicæa, and even the pseudo-Isidore assigns it no more.

I add for the convenience of the reader the captions of the Eighty Canons as given by Turrianus, translating them from the reprint in Labbe and Cossart, Concilia, Tom. II. col. 291. The Eighty-four Canons as given by Echellensis together with numerous Constitutions and Decrees attributed to the Nicene Council are likewise to be found in Labbe (ut supra, col. 318).

The Captions of the Arabic Canons Attributed to the Council of Nice.

Canon I.

Insane persons and energumens should not be ordained.

Canon II.

Bond servants are not to be ordained.

Canon III.

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

Canon IV.

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

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

Canon V.

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

Canon VI.

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

Canon VII.

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

Canon VIII.

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

Canon IX.

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

Canon X.

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

Canon XI.

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

Canon XII.

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

Canon XIII.

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

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

Canon XIV.

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

Canon XV.

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

Canon XVI.

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

Canon XVII.

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

Canon XVIII.

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

Canon XIX.

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

Canon XX.

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

Canon XXI.

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

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

Canon XXII.

Of sponsors in baptism.

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

Canon XXIII.

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

Canon XXIV.

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

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

Canon XXV.

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

Canon XXVI.

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

Canon XXVII.

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

Canon XXVIII.

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

Canon XXIX.

Of not kneeling in prayer.

Canon XXX.

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

Canon XXXI.

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

Canon XXXII.

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

Canon XXXIII.

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

Canon XXXIV.

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

Canon XXXV.

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

Canon XXXVI.

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

Canon XXXVII.

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

Canon XXXVIII.

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

Canon XXXIX.

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

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

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

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

Canon XL.

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

Canon XLI.

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

Canon XLII.

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

Canon XLIII.

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

Canon XLIV.

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

Canon XLV.

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

Canon XLVI.

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

Canon XLVII.

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

Canon XLVIII.

No bishop shall choose his own successor.

Canon XLIX.

No simoniacal ordinations shall be made.

Canon L.

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

Canon LI.

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

Canon LII.

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

Canon LIII.

Marriages with infidels to be avoided.

Canon LIV.

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

Canon LV.

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

Canon LVI.

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

Canon LVII.

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

Canon LVIII.

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

Canon LIX.

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

Canon LX.

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

Canon LXI.

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

Canon LXII.

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

Canon LXIII.

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

Canon LXIV.

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

Canon LXV.

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

Canon LXVI.

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

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

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

Canon LXVII.

Of having two wives at the same time, and of a woman who is one of the faithful marrying an infidel; and of the form of receiving her to penance.

[Her reception back is conditioned upon her leaving the infidel man.]

Canon LXVIII.

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

Canon LXIX.

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

Canon LXX.

Of the hospital to be established in every city, and of the choice of a superintendent and concerning his duties.

[It is interesting to note that one of the duties of the superintendent is--"That if the goods of the hospital are not sufficient for its expenses, he ought to collect all the time and from all Christians provision according to the ability of each."]

Canon LXXI.

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

Canon LXXII.

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

Canon LXXIII.

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

Canon LXXIV.

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

Canon LXXV.

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

Canon LXXVI.

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

Canon LXXVII.

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

Canon LXXVIII.

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

Canon LXXIX.

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

Canon LXXX.

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

Proposed Action on Clerical Celibacy.

[The Acts are not extant.]

Notes.

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

Hefele.

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

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

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

The Synodal Letter.

(Found in Gelasius, Historia Concilii Nicæni, lib. II, cap. xxxiii.; Socr., H. E., lib. I., cap. 6; Theodor., H. E., Lib. I., cap. 9.)

To the Church of Alexandria, by the grace of God, holy and great; and to our well-beloved brethren, the orthodox clergy and laity throughout Egypt, and Pentapolis, and Lybia, and every nation under heaven, the holy and great synod, the bishops assembled at Nicea, wish health in the Lord.

Forasmuch as the great and holy Synod, which was assembled at Niece through the grace of Christ and our most religious Sovereign Constantine, who brought us together from our several provinces and cities, has considered matters which concern the faith of the Church, it seemed to us to be necessary that certain things should be communicated from us to you in writing, so that you might have the means of knowing what has been mooted and investigated, and also what has been decreed and confirmed.

First of all, then, in the presence of our most religious Sovereign Constantine, investigation was made of matters concerning the impiety and transgression of Arius and his adherents; and it was unanimously decreed that he and his impious opinion should be anathematized, together with the blasphemous words and speculations in which he indulged, blaspheming the Son of God, and saying that he is from things that are not, and that before he was begotten he was not, and that there was a time when he was not, and that the Son of God is by his free will capable of vice and virtue; saying also that he is a creature. All these things the holy Synod has anathematized, not even enduring to hear his impious doctrine and madness and blasphemous words. And of the charges against him and of the results they had, ye have either already heard or will hear the particulars, lest we should seem to be oppressing a man who has in fact received a fitting recompense for his own sin. So far indeed has his impiety prevailed, that he has even destroyed Theonas of Marmorica and Secundes of Ptolemais; for they also have received the same sentence as the rest.

But when the grace of God had delivered Egypt from that heresy and blasphemy, and from the persons who have dared to make disturbance and division among a people heretofore at peace, there remained the matter of the insolence of Meletius and those who have been ordained by him; and concerning this part of our work we now, beloved brethren, proceed to inform you of the decrees of the Synod. The Synod, then, being disposed to deal gently with Meletius (for in strict justice he deserved no leniency), decreed that he should remain in his own city, but have no authority either to ordain, or to administer affairs, or to make appointments; and that he should not appear in the country or in any other city for this purpose, but should enjoy the bare title of his rank; but that those who have been placed by him, after they have been confirmed by a more sacred laying on of hands, shall on these conditions be admitted to communion: that they shall both have their rank and the right to officiate, but that they shall be altogether the inferiors of all those who are enrolled in any church or parish, and have been appointed by our most honourable colleague Alexander. So that these men are to have no authority to make appointments of persons who may be pleasing to them, nor to suggest names, nor to do anything whatever, without the consent of the bishops of the Catholic and Apostolic Church, who are serving under our most holy colleague Alexander; while those who, by the grace of God and through your prayers, have been found in no schism, but on the contrary are without spot in the Catholic and Apostolic Church, are to have authority to make appointments and nominations of worthy persons among the clergy, and in short to do all things according to the law and ordinance of the Church. But, if it happen that any of the clergy who are now in the Church should die, then those who have been lately received are to succeed to the office of the deceased; always provided that they shall appear to be worthy, and that the people elect them, and that the bishop of Alexandria shall concur in the election and ratify it. This concession has been made to all the rest; but, on account of his disorderly conduct from the first, and the rashness and precipitation of his character, the same decree was not made concerning Meletius himself, but that, inasmuch as he is a man capable of committing again the same disorders, no authority nor privilege should be conceded to him.

These are the particulars, which are of special interest to Egypt and to the most holy Church of Alexandria; but if in the presence of our most honoured lord, our colleague and brother Alexander, anything else has been enacted by canon or other decree, he will himself convey it to you in greater detail, he having been both a guide and fellow-worker in what has been done.

We further proclaim to you the good news of the agreement concerning the holy Easter, that this particular also has through your prayers been rightly settled; so that all our brethren in the East who formerly followed the custom of the Jews are henceforth to celebrate the said most sacred feast of Easter at the same time with the Romans and yourselves and all those who have observed Easter from the beginning.

Wherefore, rejoicing in these wholesome results, and in our common peace and harmony, and in the cutting off of every heresy, receive ye with the greater honour and with increased love, our colleague your Bishop Alexander, who has gladdened us by his presence, and who at so great an age has undergone so great fatigue that peace might be established among you and all of us. Pray ye also for us all, that the things which have been deemed advisable may stand fast; for they have been done, as we believe, to the well-pleasing of Almighty God and of his only Begotten Son, our Lord Jesus Christ, and of the Holy Ghost, to whom be glory for ever. Amen.

On the Keeping of Easter.

From the Letter of the Emperor to all those not present at the Council.

(Found in Eusebius, Vita Const., Lib. iii., 18-20.)

When the question relative to the sacred festival of Easter arose, it was universally thought that it would be convenient that all should keep the feast on one day; for what could be more beautiful and more desirable, than to see this festival, through which we receive the hope of immortality, celebrated by all with one accord, and in the same manner? It was declared to be particularly unworthy for this, the holiest of all festivals, to follow the custom [the calculation] of the Jews, who had soiled their hands with the most fearful of crimes, and whose minds were blinded. In rejecting their custom, we may transmit to our descendants the legitimate mode of celebrating Easter, which we have observed from the time of the Saviour's Passion to the present day [according to the day of the week]. We ought not, therefore, to have anything in common with the Jews, for the Saviour has shown us another way; our worship follows a more legitimate and more convenient course (the order of the days of the week); and consequently, in unanimously adopting this mode, we desire, dearest brethren, to separate ourselves from the detestable company of the Jews, for it is truly shameful for us to hear them boast that without their direction we could not keep this feast. How can they be in the right, they who, after the death of the Saviour, have no longer been led by reason but by wild violence, as their delusion may urge them? They do not possess the truth in this Easter question; for, in their blindness and repugnance to all improvements, they frequently celebrate two passovers in the same year. We could not imitate those who are openly in error. How, then, could we follow these Jews, who are most certainly blinded by error? for to celebrate the passover twice in one year is totally inadmissible. But even if this were not so, it would still be your duty not to tarnish your soul by communications with such wicked people [the Jews]. Besides, consider well, that in such an important matter, and on a subject of such great solemnity, there ought not to be any division. Our Saviour has left us only one festal day of our redemption, that is to say, of his holy passion, and he desired [to establish] only one Catholic Church. Think, then, how unseemly it is, that on the same day some should be fasting whilst others are seated at a banquet; and that after Easter, some should be rejoicing at feasts, whilst others are still observing a strict fast. For this reason, a Divine Providence wills that this custom should be rectified and regulated in a uniform way; and everyone, I hope, will agree upon this point. As, on the one hand, it is our duty not to have anything in common with the murderers of our Lord; and as, on the other, the custom now followed by the Churches of the West, of the South, and of the North, and by some of those of the East, is the most acceptable, it has appeared good to all; and I have been guarantee for your consent, that you would accept it with joy, as it is followed at Rome, in Africa, in all Italy, Egypt, Spain, Gaul, Britain, Libya, in all Achaia, and in the dioceses of Asia, of Pontus, and Cilicia. You should consider not only that the number of churches in these provinces make a majority, but also that it is right to demand what our reason approves, and that we should have nothing in common with the Jews. To sum up in few words: By the unanimous judgment of all, it has been decided that the most holy festival of Easter should be everywhere celebrated on one and the same day, and it is not seemly that in so holy a thing there should be any division. As this is the state of the case, accept joyfully the divine favour, and this truly divine command; for all which takes place in assemblies of the bishops ought to be regarded as proceeding from the will of God. Make known to your brethren what has been decreed, keep this most holy day according to the prescribed mode; we can thus celebrate this holy Easter day at the same time, if it is granted me, as I desire, to unite myself with you; we can rejoice together, seeing that the divine power has made use of our instrumentality for destroying the evil designs of the devil, and thus causing faith, peace, and unity to flourish amongst us. May God graciously protect you, my beloved brethren.

Excursus on the Subsequent History of the Easter Question.

(Hefele: Hist. of the Councils, Vol. I., pp. 328 et seqq.)

The differences in the way of fixing the period of Easter did not indeed disappear after the Council of Nicea. Alexandria and Rome could not agree, either because one of the two Churches neglected to make the calculation for Easter, or because the other considered it inaccurate. It is a fact, proved by the ancient Easter table of the Roman Church, that the cycle of eighty-four years continued to be used at Rome as before. Now this cycle differed in many ways from the Alexandrian, and did not always agree with it about the period for Easter--in fact (a), the Romans used quite another method from the Alexandrians; they calculated from the epact, and began from the feria prima of January. (b.) The Romans were mistaken in placing the full moon a little too soon; whilst the Alexandrians placed it a little too late. (c.) At Rome the equinox was supposed to fall on March 18th; whilst the Alexandrians placed it on March 21st. (d.) Finally, the Romans differed in this from the Greeks also; they did not celebrate Easter the next day when the full moon fell on the Saturday.

Even the year following the Council of Nicea--that is, in 326--as well as in the years 330, 333, 340, 341, 343, the Latins celebrated Easter on a different day from the Alexandrians. In order to put an end to this misunderstanding, the Synod of Sardica in 343, as we learn from the newly discovered festival letters of S. Athanasius, took up again the question of Easter, and brought the two parties (Alexandrians and Romans) to regulate, by means of mutual concessions, a common day for Easter for the next fifty years. This compromise, after a few years, was not observed. The troubles excited by the Arian heresy, and the division which it caused between the East and the West, prevented the decree of Sardica from being put into execution; therefore the Emperor Theodosius the Great, after the re-establishment of peace in the Church, found himself obliged to take fresh steps for obtaining a complete uniformity in the manner of celebrating Easter. In 387, the Romans having kept Easter on March 21st, the Alexandrians did not do so for five weeks later--that is to say, till April 25th--because with the Alexandrians the equinox was not till March 21st. The Emperor Theodosius the Great then asked Theophilus, Bishop of Alexandria for an explanation of the difference. The bishop responded to the Emperor's desire, and drew up a chronological table of the Easter festivals, based upon the principles acknowledged by the Church of Alexandria. Unfortunately, we now possess only the prologue of his work.

Upon an invitation from Rome, S. Ambrose also mentioned the period of this same Easter in 387, in his letter to the bishops of Æmilia, and he sides with the Alexandrian computation. Cyril of Alexandria abridged the paschal table of his uncle Theophilus, and fixed the time for the ninety-five following Easters--that is, from 436 to 531 after Christ. Besides this Cyril showed, in a letter to the Pope, what was defective in the Latin calculation; and this demonstration was taken up again, some time after, by order of the Emperor, by Paschasinus, Bishop of Lilybæum and Proterius of Alexandria, in a letter written by them to Pope Leo I. In consequence of these communications, Pope Leo often gave the preference to the Alexandrian computation, instead of that of the Church of Rome. At the same time also was generally established, the opinion so little entertained by the ancient authorities of the Church--one might even say, so strongly in contradiction to their teaching--that Christ partook of the passover on the 14th Nisan, that he died on the 15th (not on the 14th, as the ancients considered), that he lay in the grave on the 16th, and rose again on the 17th. In the letter we have just mentioned, Proterius of Alexandria openly admitted all these different points.

Some years afterwards, in 457, Victor of Aquitane, by order of the Roman Archdeacon Hilary, endeavoured to make the Roman and the Alexandrian calculations agree together. It has been conjectured that subsequently Hilary, when Pope, brought Victor's calculation into use, in 456--that is, at the time when the cycle of eighty-four years came to an end. In the latter cycle the new moons were marked more accurately, and the chief differences existing between the Latin and Greek calculations disappeared; so that the Easter of the Latins generally coincided with that of Alexandria, or was only a very little removed from it. In cases when the id' fell on a Saturday, Victor did not wish to decide whether Easter should be celebrated the next day, as the Alexandrians did, or should be postponed for a week. He indicates both dates in his table, and leaves the Pope to decide what was to be done in each separate case. Even after Victor's calculations, there still remained great differences in the manner of fixing the celebration of Easter; and it was Dionysius the Less who first completely overcame them, by giving to the Latins a paschal table having as its basis the cycle of nineteen years. This cycle perfectly corresponded to that of Alexandria, and thus established that harmony which had been so long sought in vain. He showed the advantages of his calculation so strongly, that it was admitted by Rome and by the whole of Italy; whilst almost the whole of Gaul remained faithful to Victor's canon, and Great Britain still held the cycle of eighty-four years, a little improved by Sulpicius Severus. When the Heptarchy was evangelized by the Roman missionaries, the new converts accepted the calculation of Dionysius, whilst the ancient Churches of Wales held fast their old tradition. From this arose the well-known British dissensions about the celebration of Easter, which were transplanted by Columban into Gaul. In 729, the majority of the ancient British Churches accepted the cycle of nineteen years. It had before been introduced into Spain, immediately after the conversion of Reccared. Finally, under Charles the Great, the cycle of nineteen years triumphed over all opposition; and thus the whole of Christendom was united, for the Quartodecimans had gradually disappeared.

The Canons of the Councils of Ancyra, Gangra, Neocæsarea, Antioch and Laodicea, which Canons were Accepted and Received by the Ecumenical Synods.