Canon Law & Easter Computus 2 part 2/11

and the other clerics, whosoever consent to such a one, let them be deposed, but let the laity be separated. But these things it will be fitting to do after the first, and second, and third admonition of the bishop. That condemned clerics ought not to be received by others. XXXIII. If any presbyter, or deacon should be separated by his own bishop, it is not permitted that he be received by another, but only by the very one who sequestered him, unless perhaps that bishop himself who is known to have separated him should have died. That no bishop, presbyter, or deacon is to be received without letters of commendation. XXXIV.

Let no foreign bishops, or presbyters, or deacons be received without letters of commendation, and when they have brought their writings, let them be examined more attentively, and let them be so received, if they prove to be preachers of piety; but if they prove less so, let neither the things that are necessary be supplied to them, and let them by no means be admitted to communion, because many things come about through deception. On the primacy of bishops. XXXV.

It is fitting that the bishops of each nation know who among them is held to be the first, whom they should regard as the head, and do nothing of greater moment without his knowledge, but each only those things which pertain to his own parish and the villages that are under it; but let not even he do anything without the knowledge of all, for thus there will be unanimity, and God will be glorified through Christ in the Holy Spirit. That it is not permitted to a bishop to ordain clerics in another province. XXXVI. That a bishop dare not make ordinations outside his own boundaries, in cities and villages which are by no right subject to him:

but if he should be convicted of having done this without the knowledge of those who hold those cities and villages, let both him be deposed, and those who were ordained by him. Concerning bishops who have been ordained but not received. XXXVII. If any bishop should not take up the office and the care of the people committed to him, let this man be deprived of communion, until he consent, yielding obedience; and likewise also a presbyter and a deacon. But if he should set out, and not be received, not through his own fault, but through the malice of the people: let him indeed remain bishop; but let the clergy of the city be deprived of communion, because they were not instructors of the disobedient people. That councils should be held twice a year. XXXVIII. Let councils of the bishops be held twice a year;

that they may mutually examine among themselves the dogmas of piety, and may remove the ecclesiastical contentions that arise: once indeed in the fourth week of Pentecost; but the second time on the twelfth day of the month Hyperberetaeus, that is, according to the Romans, on the fourth day before the Ides of October. That a bishop should have only the care of ecclesiastical affairs. XXXIX. Let the bishop have the care of all ecclesiastical business, and let him dispense it as in the sight of God, and let it not be permitted to him to touch any of these things at all, or to bestow upon his own kindred the things that are God's. But if they are poor, let him minister to them as to the poor, and let not the affairs of the Church be plundered on their occasion. On the dignity of the pontiff, and that he should have power over his own goods. XL.

Let presbyters and deacons attempt nothing apart from the bishop. For the people of the Lord has been committed to him, and he is to render an account for their souls. But let the bishop's own goods be manifest (if indeed he has any of his own), and let the Lord's goods be manifest, so that the bishop, dying, may have power to leave his own as he wishes, and to whom he wishes. And let them not be lost under the pretext of ecclesiastical goods which are proven to be the bishop's; for perhaps he has either a wife, or children, or kinsfolk, or servants.

And this is just before God and men, that neither should the Church suffer detriment through ignorance of the pontiff's goods, nor should the bishop, or his kinsfolk, be proscribed under the pretext of the Church, and those who belong to him fall into lawsuits, and his death be subjected to insults and ill repute. That the bishop should have power over ecclesiastical goods for the dispensing to the poor. XLI. We command that the bishop have the Church's goods in his own power. For if the precious souls of men are entrusted to him, much more ought he to have the care of money, so that by his power all things may be dispensed to the needy through presbyters and deacons, and ministered with fear and all solicitude.

But from those things of which he has need (if indeed he has need), let him take for his own necessities, and for the use of the brethren who are strangers, so that nothing at all may be lacking to them. For the law of God commands that those who serve the altar should be fed from the altar, since not even a soldier ever bears arms against the enemy at his own expense. That a bishop, presbyter, and deacon ought not to be a gambler and a drunkard. XLII. A bishop, or presbyter, or deacon who is a slave to dice and drunkenness, let him either cease, or assuredly be condemned. Likewise let clerics and laymen, if they persist in dicing, be deprived of communion. XLIII. A subdeacon, or reader, or cantor doing the like, let him either cease, or be deprived of communion; likewise also the laity.

That a bishop, presbyter, or deacon ought not to receive usury. XLIV. A bishop, or presbyter, or deacon who exacts usury from debtors, let him either cease, or assuredly be condemned. That a bishop, presbyter, or deacon ought not to pray with heretics. XLV. A bishop, presbyter, and deacon who has prayed with heretics, let him only be deprived of communion: but if he has exhorted them to act or pray as clerics, let him be condemned. That the baptisms of heretics ought not to be approved. XLVI. We command that a bishop or presbyter who receives the baptism of heretics be condemned: for what agreement has Christ with Belial, or what part has the believer with the unbeliever?

That one who has been baptized with the baptism of the Church ought not to be baptized again, and that one not so baptized ought to be baptized. XLVII. A bishop, or presbyter, if he should baptize again one who has had baptism according to the truth, or if he should not baptize one defiled by the impious, let him be deposed, as deriding the cross and death of the Lord, and not rightly distinguishing priests from false priests. That a layman who drives away his own wife is to be deprived of communion. XLVIII. If any layman, driving away his own wife, should take another, or one divorced by another, let him be deprived of communion. That one ought to be baptized in the name of the Trinity. XLIX.

If any bishop or presbyter should not baptize according to the precept of the Lord in the name of the Father, and of the Son, and of the Holy Spirit, but into three principles without beginning, or into three Sons, or into three Paracletes, let him be cast out. That a single immersion ought not to take place in baptism, as into the death of the Lord. L. If any bishop or presbyter should not celebrate the triple immersion of the one mystery, but should immerse once in baptism, which is seen to be given into the death of the Lord, let him be deposed. For the Lord did not say to us, Baptize into my death, but, Go, teach all nations, baptizing them in the name of the Father, and of the Son, and of the Holy Spirit. CANONS OF THE COUNCIL OF NICAEA, 20 IN NUMBER. On eunuchs, and those who have cut themselves off. I.

If anyone has been operated upon by physicians on account of illness, or has been cut off by barbarians, let him remain among the clergy. But if anyone, while in health, has mutilated himself, it is fitting that such a one, even if appointed among the clergy, be suspended, and that henceforth none of such persons be promoted. But just as it is clear that this is said of those who deliberately pursue or dare this thing, namely to mutilate themselves, so the rule receives into the clergy those whom either barbarians or masters have castrated, if they are otherwise found most worthy. Concerning those who from among the heathen are promoted, after baptism, to the order of clergy. II.

Since many things have been done contrary to the ecclesiastical rule, whether through necessity or otherwise under pressure from men, namely that men recently coming over from a heathen life to the faith, and instructed only for a short time, were straightway led to the spiritual laver, and as soon as they were baptized were at once promoted even to the episcopate or the presbyterate: it has been deemed best that nothing of the sort be done henceforth. For both time is needed for one who is being catechized, and after baptism much further probation. For the apostolic Scripture is plain, which says: Not a neophyte, lest, lifted up with pride, he fall into judgment and the snare of the devil.

But if in process of time some sin of the soul be found in such a person, and he be convicted by two or three witnesses, let such a one withdraw from the clergy. But if anyone shall do otherwise than this, setting himself as it were against the great council, he himself shall be imperiled in his clerical honor. Concerning women secretly brought in. III. The great synod has wholly forbidden that any bishop, presbyter, or deacon, or anyone at all who is among the clergy, be permitted to have a woman secretly brought in to dwell with him: unless perchance a mother, or a sister, or an aunt, or only such persons as escape all suspicion. Concerning those who are advanced to the episcopate in the provinces. IV.

It is most fitting that a bishop be ordained by all the bishops who are in the province. But if this be difficult, either on account of pressing necessity or on account of the length of the journey, let at least three by all means come together in the same place, and let those who are absent likewise give their decision and consent in writing, and then let the ordination be performed. But let the confirmation of what is done throughout each province be assigned to the metropolitan bishop. Concerning the excommunicated. V. Concerning those who are deprived of communion, whether from the clergy or from the lay order, by the bishops throughout each province, let the rule of the canon prevail: namely that those who are cast out by some be not received by others.

But let it be examined whether anyone may seem to have been excluded from the congregation through the pettiness, or contentiousness, or some other fault of the bishop. So that this may be inquired into more fittingly, it has been well resolved that councils be held twice a year in each province: so that, with all the bishops of the province gathered together in common, questions of this sort may be discussed. And thus those who have manifestly offended their own bishop may reasonably be reckoned excommunicated by all, until it seem good either to the assembly in common, or to the same bishop, to pronounce a more humane sentence for such persons. Let the councils be held, the one indeed before the Lent of Easter: so that, all dissension being removed, a most pure gift may be offered to God;

and the second about the time of autumn. Concerning the privileges which belong to certain cities. VI. Let the ancient custom be preserved throughout Egypt, Libya, and Pentapolis, so that the bishop of Alexandria has authority over all these. For to the bishop of the city of Rome also a like custom belongs. Likewise also at Antioch and in the other provinces, let their privileges be preserved to the Churches. But this is generally clear, that if anyone be made a bishop apart from the judgment of the metropolitan, the great synod has determined that such a one ought not to be a bishop.

But if, when the common decree of all is reasonable and approved according to the ecclesiastical rule, two or three contradict it out of their own contentiousness, let the judgment of the majority prevail. Concerning the bishop of Aelia, that is, of Jerusalem. VII. Since custom and ancient tradition have obtained that the bishop of Aelia be honored, let him have the prerogative of honor, the proper dignity of the metropolis being preserved. Concerning those who are called Cathari, that is, the pure. VIII. Concerning those who name themselves Cathari, that is, the pure, if at any time they come over to the Catholic Church, it has pleased the holy and great council that, receiving the laying on of hands, they so remain among the clergy.

But above all things it is fitting that they profess in writing that they accept and follow the dogmas of the Catholic and Apostolic Church: that is, both to hold communion with those twice married, and with those who lapsed in persecution, for whom both periods have been appointed and times defined: so that in all things they may follow the decrees of the Catholic and Apostolic Church. But wherever, whether in townships or in cities, they alone are found ordained, let those who are found among the clergy continue in the same rank: but where there is a bishop or presbyter of the Catholic Church already appointed, and certain of those persons come over, it is certain that the bishop of the Church shall hold the dignity of bishop.

But he who among them is named bishop shall possess the honor of a presbyter, unless perchance it shall please the bishop to reckon him in the honor of the name. But if this in no way please him, the bishop shall provide for him either the place of a chorepiscopus or of a presbyter, so that he may by all means appear to be among the clergy, lest two bishops be found to exist in one city. Concerning those who have been advanced to the honor of the presbyterate without examination. IX. If any presbyters have been advanced without examination, or, when they were examined, have confessed their sins, and men, moved contrary to the canons, have presumed to lay hands on those who confessed, the rule does not admit such persons, because the Catholic Church defends what is irreproachable.

Concerning those who denied the faith in persecutions, and were afterward promoted among the clergy. X. Whosoever of those who lapsed have been promoted to the order of the clergy, whether through ignorance or through the dissimulation of those who ordained them, this does not prejudice the ecclesiastical rule, for once they are recognized, let them be deposed. Concerning laymen who denied the faith. XI. Concerning those who, apart from necessity, lapsed into prevarication, or apart from the loss of their goods, or apart from peril, or anything of this sort, which was done under the tyranny of Licinius: it has pleased the synod, although they be proved unworthy of clemency, nevertheless to extend kindness to them. Whosoever therefore truly do penance, let them for three years be reckoned among the hearers as faithful;

and for six years let them prostrate themselves in all contrition, and for two years let them communicate with the people in prayer, without the offering. Concerning those who renounced the world, and again returned to it. XII. Whosoever, having been called by grace, at first indeed showed their fervor by laying down the belt of military service, but afterward returned to their own vomit, so that some even paid money and by bribes sought back their military service, let these for ten years after the period of three years (which they shall spend among the hearers) remain in affliction. But in all these cases it is fitting to examine the purpose and the manner of their penitence;

for as many as by fear and tears and penitence, or by good works, demonstrate their conversion in actual deeds and not in pretense, these, having fulfilled the appointed time of hearing, may then at last communicate with the faithful in prayer; and afterward it shall be lawful for the bishop to think something more humane concerning them. But whosoever bore it with indifference, and reckoned that the mere entrance into the Church could suffice for them as conversion, let these by all means fulfill the appointed time. Concerning those who demand communion at the time of death. XIII.

Concerning those who come to their end, even now let the ancient and canonical law be observed, so that if anyone departs from the body, he be by no means deprived of the last and necessary viaticum. But if, having been despaired of and having received communion and become a partaker of the offering, he again recovers, let him be among those who attain communion of prayer only. But in general, to everyone whatever placed at the point of death, and asking that the grace of communion be granted to him, the bishop ought reasonably to give of the offering. Concerning catechumens who have lapsed. XIV. Concerning catechumens, it has pleased the holy and great council that for three years they be among the hearers only, and after this let them pray with the catechumens. That one ought not to migrate. XV.

On account of the great disturbance and the seditions which arise, it has pleased the council that the custom be by all means cut off which, contrary to the rule, seems to have been admitted in certain parts: namely that from city to city no bishop, no presbyter, no deacon be transferred. But if anyone, after the definition of the holy and great council, shall attempt to do any such thing, and shall sell himself to a business of this kind, let this deed be utterly reduced to nullity, and let him be restored to the Church for which he was ordained bishop, or presbyter, or deacon. Concerning those who have by no means continued in the Churches in which they were advanced. XVI.

Whosoever, rashly and dangerously, neither having the fear of God before their eyes nor acknowledging the ecclesiastical rule, depart from the Church, whether presbyters or deacons, or whoever at all are under the rule, these ought by no means to be received into another Church, but it is fitting that every constraint be laid upon them, that they return to their own parishes; and if they will not do so, they ought to be deprived of communion. But if anyone shall boldly attempt to seize one belonging to another, and to ordain him in his own Church, without the consent of the bishop from whom he who is bound by the rule departed, let an ordination of this kind be proved invalid. Concerning clergy who take usury. XVII.

Since many who are placed under the rule pursue avarice and base gain, and, forgetful of divine Scripture which says: He that hath not given his money upon usury, exact a hundredfold from those to whom they lend: the holy and great synod has justly decreed that if anyone be found, after this definition, taking usury, or transacting business by some contrivance or in any manner whatsoever, or exacting hemiolia, that is, one and a half times the amount, or devising at all anything of this kind for the sake of base gain, let him be cast out from the clergy and be a stranger to the rule. Concerning the privileges of presbyters. XVIII. It has come to the holy and great council that in certain places and cities deacons administer the grace of holy communion to presbyters;

which neither rule nor custom has handed down, that those who have no power to offer should give the Body of Christ to those who do offer. Moreover this also has become known, that certain deacons touch the holy offerings before the bishops. Let all these things therefore be cut off, and let the deacons remain within their own measure: knowing that they are indeed the ministers of the bishops, but are reckoned inferior to the presbyters by order. Therefore let them receive the grace of holy communion after the presbyters, the bishop or the presbyter administering it to them. Nor let it be lawful for the deacons to sit in the midst of the presbyters; for if this be done, it is proved to exist contrary to rule and order.

But if anyone, even after these definitions, shall be unwilling to obey, he shall be required to cease from his ministry. Concerning those who come to the Church from Paul of Samosata. XIX. Concerning the Paulianists fleeing for refuge to the Catholic Church, a definition has been put forth, that they be by all means baptized. But if any of these in time past were among the clergy, if indeed they appear unblemished and irreproachable, let them be baptized and ordained by the bishop of the Catholic Church: but if examination find them unfit, it is fitting that such be cast out. Likewise also concerning deaconesses, and altogether concerning those who are engaged under the rule, this form shall be observed.

But we have made mention of deaconesses who are proved to be in the same habit, that they have not received any laying on of hands, and therefore are by all means to be reckoned among the laity. Concerning the bending of the knee. XX. Since there are certain who kneel on the Lord's day and in the days of Pentecost: in order that all things may be observed harmoniously in all places, it has pleased the holy council that the vows be paid to the Lord standing. The Rules of the Council of Ancyra. These rules are indeed earlier than those of Nicaea: but the Nicene canons were written first on account of the authority of that great and holy council gathered at Nicaea. Concerning presbyters who sacrificed in the time of persecution. XXI.

Concerning presbyters who sacrificed and then again entered the contest, if they did this not through any pretense but in truth, and not before their kinsfolk—who were pressing and persuading them to seem indeed to be subjected to torments, but in fact to submit to these only in appearance and outward show—it has pleased the council that they retain indeed the honor of their proper see; but it is not lawful for them to offer, or to preach, or to perform priestly offices at all. Concerning deacons who sacrificed. XXII. Deacons likewise who sacrificed, let them indeed keep their honor: but let them cease from all sacred ministry, whether from offering the bread or the cup, or from preaching.

But if certain of the bishops are conscious of their labor, and humility, and meekness, and are willing to grant them something more or to take something away, the power shall rest with the bishops themselves. Concerning those who were seized in flight, and by force endured something of pagan rite. XXIII.

Those who, fleeing, were seized, or betrayed by their own household, or, with their goods taken away, endured torments, or, thrust into custody, proclaimed themselves to be Christians, and were so bound that, seizing their hands violently, men dragged them and brought them to the deadly sacrifices, or they were compelled by necessity to take some defiled food, while they continually confessed themselves to be Christians, and ceaselessly showed their grief at the thing that had befallen, by all dejection and habit and humility of life: these, as persons set outside of sin, are not to be excluded from the grace of communion. But if they have been forbidden by any, for the sake of greater caution or on account of the ignorance of certain people, let them be received at once.

But it is fitting to observe this likewise both concerning clergy and concerning the rest of the laity. It was also inquired whether even laymen who fell into these straits of necessity can be promoted to the order of the clergy. It has therefore pleased the council that these also, as those who in no way sinned, if their preceding life be likewise approved, be advanced to this office. Concerning those who, for various causes, performed something of the heathen rite. XXIV.

Concerning those who were compelled to sacrifice, and moreover dined in the idol's temple, whosoever of them, when they were being led, were of a more cheerful appearance and used more costly garments, and partook indifferently of the prepared feast, it has pleased the council that they be placed among the hearers for one year, that they prostrate themselves for three years, and that they communicate in prayer for two years, and then at last attain to the grace of perfection. But as many as ascended the temples in mourning garb, and reclining wept throughout the whole time of the banquet, if they have completed the penance of a three-year period, let them be received without the offering. But if they did not eat, having been subjected to penance for two years, let them in the third year communicate without the offering;

so that they may attain perfection in the fourth year. But the power shall rest with the bishops, who, examining the manner of their conversion, may either act more humanely toward them, or assign a longer time. But above all let their preceding and subsequent life be inquired into, and so let clemency be imparted to them. Concerning those who through fear performed something of the heathen rites. XXV.

Concerning those who yielded only to the threats of punishments, or, terrified by the deprivation of their goods or by banishment, sacrificed, and have hitherto been negligent of penitence, nor have been converted, but at the time of this council have offered themselves, taking counsel for their conversion, it has pleased the council that they be received among the hearers until the great day, and after the great day perform penance for three years, and afterward communicate without the offering for two years: and then at last, six years being completed, attain to the grace of perfection. But if certain were received to penance before this synod, let the beginning of the six years be reckoned for them from that time.

But if any peril, or the expectation of death, whether from infirmity or from some other occasion, should befall them, let not communion under the appointed conditions be denied them. Concerning those who ate in the places of idols. XXVI. Concerning those who, on the festal days of the heathen, held banquets in their remote places, and bringing their own foods ate there, it has pleased the council that after a penance of two years they be received; but whether with the offering, let the several bishops, examining their life and their individual acts, determine. Concerning those who repeatedly sacrificed to idols. XXVII. Those who sacrificed a second and a third time under compulsion, let them be subjected to four years of penance;

but for two years let them communicate without the offering, and in the seventh year let them be perfectly received. Concerning those who furnished to others also causes for sacrificing. XXVIII. But as many as not only themselves went astray, but also rose up and compelled their brethren, and furnished causes that they should be compelled, let these for three years indeed receive a place among the hearers, but for another six years be subjected to a sharper penance, and in yet another year receive communion without the offering, so that, the tenth year being completed, they may attain perfection. But in the meantime their life also is to be weighed. Concerning deacons who at the time of ordination testified concerning marriage. XXIX.

Deacons, whosoever are ordained, if at the very ordination they protested and said that they wished to be joined in marriage, because they could not remain thus, these, if they afterward take wives, let them remain in the ministry, for the reason that the bishop gave them license. But whosoever indeed kept silent and received the laying on of hands, professing continence, and afterward were bound by marriage, they ought to cease from the ministry. Concerning betrothed maidens who have been corrupted by others. XXX. As for betrothed maidens who were afterward carried off by others, it has pleased the council that they be rescued and restored to those to whom they had previously been betrothed, even if violence has been done to them by their abductors. Concerning those who, while they were catechumens, sacrificed to idols. XXXI.