Second Ecumenical Council - Constantinople I (381) · Part 6

(8.) If, however, the Synod of Constantinople in its Synodal Letter speaks of this Tome, we are justified in supposing that the one mentioned in its canon is the same.

(9.) That which still remains of the Roman Tome of 369, treats expressly of the oneness of the Godhead of the Father, the Son, and the Holy Ghost; and such were the contents of the Tome according to this canon.

(10.) It is true that the fragments still preserved of this Tome contain no passage directly referring to the Antiochian schism; but, in the first place, very little remains of it, and there is the more reason to suppose that the Meletian schism was spoken of in the portion which has been lost, as it was the same Antiochian Synod that accepted the Tome which urged the putting an end to that schism. It is still more to the purpose that the Italian bishops, in their letter to the Easterns in 381, expressly say that they had already long before (dudum) written to the Orientals in order to put an end to the division between the orthodox at Antioch. By this "dudum" I conclude that they refer to the Roman Tome of 369; and if the Westerns in their letter to the Easterns in 381 pointed to this Tome, it was natural that the Synod of Constantinople of 382 should also have referred to it, for it was that very letter of the Latins which occasioned and called the synod into being.

Lastly, for the full understanding of this canon, it is necessary to observe that the Latins, in their letter just mentioned of 381, say that "they had already in their earlier missive (i.e. as we suppose, in the Tome of 369) spoken to the effect that both parties at Antioch, one as much as the other, were orthodox." Agreeing with this remark of the Westerns, repeated in their letter of 381, the Easterns in this canon say, "We also recognise all Antiochians as orthodox who acknowledge the oneness of the Godhead of the Father, the Son, and the Holy Ghost."

Canon VI.

(Probably adopted at a Council held in Constantinople the next year, 382. Vide Introduction on the number of Canons.)

Forasmuch as many wishing to confuse and overturn ecclesiastical order, do contentiously and slanderously fabricate charges against the orthodox bishops who have the administration of the Churches, intending nothing else than to stain the reputation of the priests and raise up disturbances amongst the peaceful laity; therefore it seemed right to the Holy Synod of Bishops assembled together in Constantinople, not to admit accusers without examination; and neither to allow all persons whatsoever to bring accusations against the rulers of the Church, nor, on the other hand, to exclude all. If then, any one shall bring a private complaint against the Bishop, that is, one relating to his own affairs, as, for example, that he has been defrauded, or otherwise unjustly treated by him, in such accusations no examination shall be made, either of the person or of the religion of the accuser; for it is by all means necessary that the conscience of the Bishop should be free, and that he who says he has been wronged should meet with righteous judgment, of whatever religion he may be. But if the charge alleged against the Bishop be that of some ecclesiastical offence, then it is necessary to examine carefully the persons of the accusers, so that, in the first place, heretics may not be suffered to bring accusations touching ecclesiastical matters against orthodox bishops. And by heretics we mean both those who were aforetime cast out and those whom we ourselves have since anathematized, and also those professing to hold the true faith who have separated from our canonical bishops, and set up conventicles in opposition [to them]. Moreover, if there be any who have been condemned for faults and cast out of the Church, or excommunicated, whether of the clergy or the laity, neither shall it be lawful for these to bring an accusation against the bishop, until they have cleared away the charge against themselves. In like manner, persons who are under previous accusations are not to be permitted to bring charges against a bishop or any other clergyman, until they shall have proved their own innocence of the accusation brought against them. But if any, being neither heretics, nor excommunicate, nor condemned, nor under previous accusation for alleged faults, should declare that they have any ecclesiastical charge against the bishop, the Holy Synod bids them first lay their charges before all the Bishops of the Province, and before them prove the accusations, whatsoever they may be, which they have brought against the bishop. And if the comprovincials should be unable rightly to settle the charges brought against the bishop, then the parties must betake themselves to a greater synod of the bishops of that diocese called together for this purpose; and they shall not produce their allegations before they have promised in writing to undergo an equal penalty to be exacted from themselves, if, in the course of the examination, they shall be proved to have slandered the accused bishop. And if anyone, despising what has been decreed concerning these things, shall presume to annoy the ears of the Emperor, or the courts of temporal judges, or, to the dishonour of all the Bishops of his Province, shall trouble an Ecumenical Synod, such an one shall by no means be admitted as an accuser; forasmuch as he has cast contempt upon the Canons, and brought reproach upon the order of the Church.

Notes.

Ancient Epitome of Canon VI.

Even one that is of ill repute, if he have suffered any injury, let him bring a charge against the bishop. If however it be a crime of ecclesiastical matters let him not speak. Nor shall another condemned before, speak. Let not one excommunicated, or cast forth, or charged with any crimes speak, until he is cleared of them. But those who should bring the charge are the orthodox, who are communicants, uncondemned, unaccused. Let the case be heard by the provincials. If however they are not able to decide the case, let them have recourse to a greater synod and let them not be heard, without a written declaration of liability to the same sufferings [i.e. of their readiness to be tried by the lex talionis.] But should anyone contrary to the provisions appeal to the Emperor and trouble him, let such be cast forth.

The phrase "who have the administration of the Churches," Hatch in his Bampton Lectures (Lect. I., p. 41) erroneously supposes to refer only to the administration of the Church's alms. But this, as Dr. Bright well points out ("Notes on the Canons," in loc.) cannot be the meaning of oikonamein when used absolutely as in this canon. He says, "When a merely economic' function is intended, the context shows it, as in Chalcedon, Canon xxvj." He also points out that in Canon ij., and in Eusebius (H. E. iv., 4), and when St. Basil wishes his brother to oikonomein a church suited to his temperament (Epist. xcviij., 2) the meaning of the word is evidently spiritual stewardship.

Zonaras.

By "those who were cast out of the Church" are to be understood those who were altogether cut off from the Church; but by those who were "excommunicated" the holy fathers intend all those, whether clerics or laymen, who are deprived of communion for a set time.

Van Espen.

It is evident from the context of this canon that "Diocese" here does not signify the district or territory assigned to any one bishop, as we to-day use the word; but for a district, which not only contained many episcopal districts, as today do ecclesiastical provinces, but which contained also many provinces, and this was the meaning of the word at the time of this Council's session.

Zonaras.

We call Adrianople, for example, or Philopopolis with the bishops of each a "Province," but the whole of Thrace or Macedonia we call a "Diocese." When these crimes were brought forward to be corrected, for the judging of which the provincial bishops were by no means sufficient, then the Canon orders the bishops of the diocese to assemble, and determine the charges preferred against the bishop.

Van Espen.

Both the Canon and the Civil Law require the accusers to submit themselves to the law of retaliation (lex talionis). Vide Gratian, Pt. II., Causa II., Quæst. III., 2 and 3, where we read from the decree of Pope Hadrian; "Whoever shall not prove what he advances, shall himself suffer the penalty due the crime he charged." And under the name of Damasus, "The calumniator, if he fail in proving his accusation, shall receive his tale." The Civil Law is in L. x., Cod. de Calumniatoribus, and reads, "Whoso charges a crime, shall not have licence to lie with impunity, since justice requires that calumniators shall endure the punishment due the crime which they failed to prove."

The Council wishes that all accusations of bishops for ecclesiastical offences shall be kept out of the secular courts, and shall be heard by synods of bishops, in the manner and form here prescribed, which is in accordance with the Constitution which under the names of Valens, Gratian, and Valentinian, the Emperors, is referred to in law xxiij. of the Code of Theodosius, De Episcopis et Clericis.

Whatever may be said of the meeting of bishops at which this canon was enacted, this is clear, no mention was made of the Roman Pontiff, nor of the Council of Sardica, as Fleury notes in his Histoire Ecclesiastique, Lib. xviij., n. 8. From this it is evident either that at that time the Orientals did not admit, especially for bishops, appeals to the Roman Pontiff; nor did they accept the authority of the Synod of Sardica, in so far as it permitted that the sentence given in a provincial synod, should be reopened by the neighbouring bishops together with the bishops of the province, and if it seemed good, that the cause might be referred to Rome.

Warning to the Reader Touching Canon VII.

(Beveridge, Synodicon, Tom. II., in loc.)

This canon, I confess, is contained in all the editions of the Commentaries of Balsamon and Zonaras. It is cited also by Photius in Nomocanon, Tit. xii. ch. xiv., besides it is extant in a contracted form in the Epitome of Alexius Aristenus. But it is wanting in all the Latin versions of the Canons, in the ancient translations of Dionys. Exig., Isidore Mercator, etc.; also in the Epitome of Sym. Logothet., and the Arabic paraphrase of Josephus Ægyp., and what is particularly to be observed, in the collection and nomocanon of John of Antioch; and this not through want of attention on his part, as is clear from this namely, that in the order of the Canons as given by him he attributes six Canons only to this second General Council, saying "...of the Fathers who assembled at Constantinople, by whom six Canons were set forth," so that it is clear the present was not reckoned among the canons of this council in those days. Nay, the whole composition of this canon clearly indicates that it is to be ascribed, neither to this present council, nor to any other (unless perhaps to that of Trullo, of which we shall speak afterwards). For nothing is appointed in it, nothing confirmed, but a certain ancient custom of receiving converted heretics, is here merely recited.

(Hefele, History of the Councils, Vol. II., p. 368.)

As we possess a letter from the Church at Constantinople in the middle of the fifth century to Bishop Martyrius of Antioch, in which the same subject is referred to in a precisely similar way, Beveridge is probably right in conjecturing that the canon was only an extract from this letter to Martyrius; therefore in no way a decree of the second General Council, nor even of the Synod of 382, but at least eighty years later than the latter. This canon, with an addition, was afterwards adopted by the Quinisext Synod as its ninety-fifth, without, however, giving its origin.

Canon VII.

Those who from heresy turn to orthodoxy, and to the portion of those who are being saved, we receive according to the following method and custom: Arians, and Macedonians, and Sabbatians, and Novatians, who call themselves Cathari or Aristori, and Quarto-decimans or Tetradites, and Apollinarians, we receive, upon their giving a written renunciation [of their errors] and anathematize every heresy which is not in accordance with the Holy, Catholic, and Apostolic Church of God. Thereupon, they are first sealed or anointed with the holy oil upon the forehead, eyes, nostrils, mouth, and ears; and when we seal them, we say, "The Seal of the gift of the Holy Ghost." But Eunomians, who are baptized with only one immersion, and Montanists, who are here called Phrygians, and Sabellians, who teach the identity of Father and Son, and do sundry other mischievous things, and [the partisans of] all other heresies--for there are many such here, particularly among those who come from the country of the Galatians:--all these, when they desire to turn to orthodoxy, we receive as heathen. On the first day we make them Christians; on the second, catechumens; on the third, we exorcise them by breathing thrice in their face and ears; and thus we instruct them and oblige them to spend some time in the Church, and to hear the Scriptures; and then we baptize them.

Notes.

Ancient Epitome of Canon VII.

Quarto-decimans or Tetradites, Arians, Macedonians, Sabbatians, and Apollinarians ought to be received with their books and anointed in all their organs of sense.

Ancient Epitome of Canon VIII.

Eunomians baptized with one immersion, Sabellians, and Phrygians are to be received as heathen.

Aristemus (inCan. vij.).

Those giving up their books and execrating every heresy are received with only anointing with chrism of the eyes, the nostrils, the ears, the mouth, and the brow; and signing them with the words, "The Seal of the gift of the Holy Ghost."

For the "Cathari," see Notes on Canon viij. of I. Nice.

Hammond.

Sabbatians. Sabbatius was a presbyter who adopted the sentiments of Novatius, but as it is clear from the histories of Socrates and Sozomen, that he did not do so till at least eight years after the celebration of this council, it is of course equally clear that this canon could not have been framed by this council.

Aristeri. This is probably a false reading for Aristi, i.e. the best. In the letter above mentioned the expression is Cathari and Catheroteri, i.e. the pure, and the more pure.

The Quarto-decimans, or Tetradites, were those persons who persisted in observing the Easter festival with the Jews, on the fourteenth day of the first month, whatever day of the week it happened to be.