教會法與復活節計算 第 2 章 第 5/11 段

That there should be no migrating from city to city. V. Concerning those bishops or clerics who migrate from city to city, it has been resolved that the canons which have been established on this matter by the holy Fathers retain their own validity. That none ought to be ordained without specific assignment. VI. That no one ought to be ordained presbyter, or deacon, nor anyone in an ecclesiastical rank, without specific assignment, unless he who is to be ordained be named specifically to the Church of a city, or of an estate, or of a martyr's shrine, or of a monastery. The holy synod has decreed that those who are ordained without specific assignment have this sort of laying on of hands held invalid, and that they can nowhere minister, to the disgrace of those who ordained them.

Concerning clergy and monks who do not remain in their purpose. VII. Those who have once been enrolled in the clergy, or have sought the life of monks, we decree shall come neither to military service, nor to any worldly dignity; or if they attempt this and do not do penance, so as to return to that which they first chose for God's sake, let them be anathematized. Concerning clergy who are in poorhouses, monasteries, and martyrs' shrines, which exist under the authority of the bishops of each several city. VIII. Let the clergy who are set over the poorhouses, or who are ordained in monasteries and basilicas of the martyrs, remain, according to the traditions of the holy Fathers, under the authority of the bishops who are in each several city, nor let them by contumacy break away from their own bishop.

But those who dare to overturn this form in any way whatsoever, and are not subject to their own bishop, if indeed they are clerics, shall be subject to the corrections of the canons; but if they be laymen or monks, let them be deprived of communion. That clergy who have business against one another ought not to forsake their own bishop and resort to secular tribunals. IX. If any cleric has business against a cleric, let him not forsake his own bishop and run to secular tribunals; but let the case first be examined before his own bishop, or at least by the counsel of the same bishop, let them maintain the judgment before those whom both parties shall have chosen. But if anyone act apart from these things, he shall be subject to canonical corrections.

But if a cleric has a cause against his own bishop, or against another, let it be judged before the synod of the province. But if a bishop or a cleric has a complaint against the metropolitan of the same province, let him have recourse to the primate of the diocese, or to the see of the imperial city of Constantinople, and let it be judged before it. That it is not lawful for a cleric to minister in the churches of two cities. X. That it is not lawful for a cleric to be enrolled at the same time in the churches of two cities, both in that in which he was first ordained, and in that to which he has fled as to a greater one, out of desire for vainglory. And those doing this ought to be recalled to their own church, in which they were first ordained, and there only to minister.

But if anyone has already been transferred from one church to another, let him in no way share in the property of the former church, or of the martyrs' shrines which are under it, or of the poorhouses or hospices. As for those who, after the definition of this great and universal synod, shall have dared to perpetrate any of those things which are prohibited, the holy synod has decreed that such a one shall withdraw from his own rank. That letters of recommendation ought not to be given to the needy; but the more honourable should be approved by letters of commendation. XI.

We have decreed that all the poor, and those in need of help, who set out under examination, be commended only by letters dimissory or ecclesiastical letters of peace, and not by letters of commendation, since it is fitting that letters of commendation be furnished only to more honourable persons. That a province should by no means be divided into two metropolitanates. XII. It has come to us that certain men, acting contrary to the ecclesiastical statutes, have had recourse to the secular powers, and by a pragmatic rescript have divided one province into two, so that from this deed two metropolitans appear to be in one province:

the holy synod has therefore established that henceforth nothing of the kind be attempted by bishops, otherwise he who shall have striven for this shall be subject to the loss of his own rank. But whatever cities have been honoured with the name of metropolitan by imperial letters, let them enjoy the honour only, and likewise the bishop who governs its Church, the privileges of the true metropolis being of course preserved. That foreign clergy ought not to minister without letters of commendation. XIII. That foreign clergy and readers, in another city, apart from letters of commendation from their own bishop, ought nowhere at all to minister. That it is not lawful for a cleric to take a wife of another sect. XIV.

Since in certain provinces it has been permitted to readers and singers to take wives, the holy synod has established that it is not lawful for any of these to take a wife of another sect. But those who have already begotten children from such a marriage, if indeed they have anticipated by having those born of themselves baptized among heretics, it will be fitting for them to bring these into the communion of the Catholic Church; but those not baptized cannot any longer be baptized among heretics. Nor ought one about to marry to be joined to a heretic, a Jew, or a pagan, unless perchance the person to be joined promise to come over to the orthodox faith. But if anyone shall have transgressed this definition of the holy synod, he shall be subject to canonical correction. Concerning deaconesses. XV.

That a deaconess ought not to be ordained before her fortieth year, and this with the utmost deliberation; but if, after receiving the laying on of hands and remaining some time in the ministry, she give herself to marriage, doing despite to the grace of God, let such a one be anathematized together with him who is joined to her. Concerning virgins. XVI. That a virgin who has consecrated herself to the Lord God, and likewise a monk, are not permitted to contract the bonds of marriage; but if they be found doing this, let them be excommunicated. But for those who confess, we have decreed that the bishop of that place have authority to grant mercy and humane treatment. Concerning parishes. XVII.

That the rural parishes or possessions of the several Churches remain unshaken to those bishops who are known to hold them, and especially if, holding them without violence for thirty years, they have governed them under their administration; but if within thirty years there has been, or there arise, a dispute concerning these, it is permitted to those who assert that they have been wronged to raise the contest concerning them before the holy synod of the province. But if anyone be wronged by his metropolitan, let it be judged before the primate of the diocese, or before the see of Constantinople, as was said above. But if any city has been newly established by imperial power, or if it be newly created hereafter, let the arrangements of the ecclesiastical parishes also follow the civil and public dispositions.

Concerning conjuration, or conspiracy. XVIII. The crime of conjuration or conspiracy is altogether prohibited even by the secular laws; much more is it fitting to admonish that this be not done in the Church of God. If therefore any clergy or monks be found conjuring, or conspiring, or laying snares against bishops or clergy, let them be utterly cast down from their own rank. That councils ought to be celebrated through the provinces twice a year. XIX. It has come to our ears that in the provinces the appointed councils of bishops are by no means celebrated, and that on this account very many ecclesiastical causes which need correction are neglected.

The holy synod has therefore decreed that, according to the canons of the Fathers, the bishops in each several province assemble together twice a year at the place which the metropolitan prelate shall have approved, and correct each matter, if perchance any should have arisen. But whatsoever bishops shall not have come, but reside in their own cities—and this, while they are established in their own health, and are proved free from every inexcusable and necessary occupation—let them be reproved with brotherly affection. That clergy ought by no means to be transferred. XX. Clergy ministering in a church, as we have already established, ought not to be appointed in the church of another city:

but let them be content in those in which they were deemed worthy to minister from the beginning, except for those who, having lost their own provinces, have of necessity passed over to another church. But if any bishop, after this definition, shall have received a cleric belonging to another bishop, it has been resolved that both the one received and the one receiving be deprived of communion, until the cleric who had migrated shall have returned to his own church. Concerning the accusers of bishops or clergy. XXI. That clergy or laymen accusing bishops or clergy at random and without proof ought not to be received to the accusation, unless first the estimation of their reputation be examined.

That it is not lawful for clergy, after the death of their own bishop, to plunder the things belonging to him. XXII. That it is not lawful for clergy, after the decease of their own bishop, to plunder the things belonging to him, as is also established by the ancient canons. But if they shall have attempted to do this, they shall be subject to the peril of their own ranks. Concerning clergy and monks who, contrary to the will of their own bishop, come to the imperial city of Constantinople. XXIII.

It has come to the ears of the holy council that certain clergy and monks, who have nothing committed to them by their own bishop, and who are sometimes even deprived of communion by him, coming to the imperial city of Constantinople, tarry there too long, stirring up disturbances and unsettling the ecclesiastical state, and even overturning the houses of certain persons: the holy synod has decreed that such a one be first admonished through the defender of the holy Church of Constantinople, that they depart from the imperial city; but if they shamelessly persist in the same business, that the same defender expel them even against their will, that they may reach their own places. That it is not lawful for monasteries which have been consecrated to be made secular lodgings. XXIV.

That monasteries which have once been dedicated, by the counsel of the bishops, remain monasteries in perpetuity, and that the property which belongs to them be reserved to the monasteries, and that they cannot henceforth be made secular dwellings; and those who shall permit this to be done shall be subject to the sentences of the canons. That the ordinations of bishops ought not to be long deferred. XXV. Since certain of the metropolitans, as far as we have ascertained, neglect the flocks committed to them, and defer to perform the ordinations of bishops, it has pleased the synod that the ordinations of bishops be celebrated within three months: unless perchance an inexcusable necessity should cause the time of delay to be extended:

But if he fails to do this, he shall be subject to ecclesiastical correction; nevertheless, the revenues of the widowed Church shall be kept intact in the hands of the steward of that same Church. On the stewards of the individual Churches. XXVI. Since in certain Churches, as we have learned by report, the bishops administer the ecclesiastical property apart from the stewards, it has been decided that every Church having a bishop should have a steward from its own clergy, who shall administer the ecclesiastical goods according to the judgment of his own bishop, so that the administration of the Church may not be without witness, and that thereby the ecclesiastical property be not dispersed, nor a reproach of cursing be brought upon the priesthood:

But if he fails to do this, he shall be subject to the divine ordinances. On those who carry off maidens. XXVII. As for those who carry off women under the pretext of cohabitation, those cooperating with or conniving at the ravishers, the holy synod has decreed that, if they are clerics, they shall be deposed from their own rank; but if laymen, they shall be anathematized. THE CANONS OF THE SYNOD OF SARDICA, 21. That bishops also who have changed their city are to be deprived even of lay communion. I. Bishop Osius said: A custom no less evil than a pernicious corruption must be rooted out to its foundations, that it be lawful to no bishop to pass from his own city to another city;

for the reason why he attempts to do this is manifest, since no bishop has ever been found in this matter who would pass from a greater city to a smaller one. Whence it appears that they are inflamed by the ardor of avarice and serve ambition, that they may exercise domination. If it please all, let a mischief of this kind be punished more severely and more harshly, so that one who is such may not have even lay communion. All replied: It is agreed. Likewise concerning the same bishops, that if through ambition they have changed their see, they shall not, even at their death, obtain communion, even lay communion. II. Bishop Osius said:

Even if some such rash person should arise who, perhaps offering an excuse, should assert that he has received letters from the people, since it is manifest that many who do not hold a sincere faith could be corrupted by reward and bribe, so as to cry out in the Church and seem to be asking for that very man as bishop: I judge that such frauds are altogether to be condemned, so that such a one may not receive even lay communion at his end. If it please you all, decree it. The synod answered: It is agreed. That among bishops at variance, the bishops of the same province should hear the case; but if one condemned should appeal to the Roman pontiff, what he decides is to be observed. III. Bishop Osius said:

This too must necessarily be added, that bishops should not pass from their own province to another province in which there are bishops, unless perhaps invited by their brethren, lest they should seem to shut the door of charity. But if in any province some bishop has a dispute against his brother bishop, let neither of the two summon a bishop as judge from another province. But if any bishop has been judged in some case, and thinks he has a good cause, so that the council should be renewed again, if it please you, let us honor the memory of the holy Apostle Peter, that those who examined the case should write to Julius, the Roman bishop, and if he judges that the trial should be renewed, let it be renewed, and let him appoint judges:

but if he should judge the case to be such that what was done should not be reopened, what he has decreed shall stand confirmed. If this pleases all. The synod answered: It is agreed. That no one should usurp the see of an accused bishop. IV. Bishop Gaudentius said: There should be added, if it please you, to this sentence which you have set forth full of holiness, that when any bishop has been deposed by the judgment of those bishops who dwell in neighboring places, and has declared that his case must be pleaded in the city of Rome, another bishop should by no means be ordained in his see after the appeal of him who seems to be deposed, unless the case has been determined in the judgment of the Roman bishop. When one ought to be ordained by the bishops of the neighboring province. V.

Bishop Osius said: If it should happen that in one province, in which there were very many bishops, perhaps one bishop alone remains, and he through negligence is unwilling to ordain a bishop, and the people assemble, the bishops of the neighboring province ought first to address that bishop who dwells in that province, and to show that the people are asking for a rector for themselves, and that this is just, that they themselves should come and ordain a bishop together with him. But if, when addressed by letter, he keeps silent and dissembles and writes nothing in reply, the people should be satisfied, so that the bishops should come from the neighboring province and ordain a bishop. That bishops are not to be ordained in villages and small towns. VI.

Indeed, license should not be given to ordain a bishop either in any village or in a small town for which a single presbyter suffices, because it is not necessary that a bishop be made there, lest the name and authority of a bishop be cheapened. Those invited from another province ought not to make a bishop there, except either in those cities which have had bishops, or if there is any such, or so populous a city, which deserves to have a bishop. If this pleases all. The synod answered: It is agreed. On the provincial synod's being reviewed by the deputies of the bishop of the city of Rome, if he himself should so decree. VII. Bishop Osius said:

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

And if he should decree that men be sent who, being present with the bishops, may judge, having the authority of him by whom they were sent, it shall be at his discretion; but if he believes the bishops sufficient to bring the matter to an end, he will do what he judges by his most wise counsel. When, and in what cases, bishops ought to go to the imperial court. VIII. Bishop Osius said:

Importunities and too frequent resort and unjust petitions have caused us to have not so great favor or confidence, since certain bishops do not cease to go to the imperial court, and especially the Africans, who, as we have learned, spurn and despise the salutary counsels of our most holy brother and fellow-bishop Gratus, so that they not only bring to the court many and various cases that will not profit the Church, nor, as is customary and proper, that the poor or widows or orphans should be aided, but they also request secular dignities and administrations for certain persons. This depravity, therefore, has long stirred up not only murmurings but also scandals.

But it is honorable that bishops should render intercession for those who are oppressed by unjust force, or if a widow is afflicted, or an orphan is despoiled: provided, however, that these persons have a just cause or petition. If, therefore, dearest brethren, it please you, decree that bishops should not go to the imperial court, except perhaps those who have been either invited or summoned by letters of the religious emperor. But since it often happens that those who suffer injury, or those who, having sinned, are condemned to exile or to the islands, or who at any rate receive some sentence, take refuge in the mercy of the Church, these are to be helped, and indulgence is to be sought for them without hesitation. Decree this therefore, if it please you. All said:

It is agreed, and let it be established. On deacons being sent to the imperial court. IX. Bishop Osius said: Your providence ought also to deal with this, you who have decreed, lest the wickedness of bishops should strive to go to the court. Whoever, therefore, of the kind we mentioned above, have or have received petitions, let them send them through their deacon, because the person of a minister is not invidious, and what he has obtained he will be able to report more quickly; and this seems to follow, that from any province the bishops should send their petitions to that brother and fellow-bishop of ours who resides in the metropolis, so that he may dispatch both his deacon and the supplications.

granting letters of commendation in like manner to our brethren and fellow-bishops who at that time dwell in those regions and cities in which the fortunate and blessed Augustus governs the commonwealth. But if a bishop has friends at the palace and desires to obtain something which is nevertheless honorable, he is not forbidden to make request through his deacon and to give notice to those whom he knows can render kind intercession for an absent man, provided however it be opportune. That one must go to the court for orphans and widows and those suffering necessity. X.

But those who come to Rome, as has been said, let them hand over the petitions they have to our most holy brother and fellow-bishop of the Roman Church, so that he himself may first examine whether they are honorable and just, and may exercise diligence and care that they be conveyed to the court. All said it pleased them and that the counsel was honorable. Bishop Alypius said: If it is for the sake of orphans and widows, or for laboring persons who suffer unjust causes, that they undertake the inconveniences of the journey, they will have some reason; but now, when they especially request those things which cannot be without men's ill-will and without reproach, it is not necessary that he himself go to the court.

That bishops who are stationed along the highway should carefully examine those going to the court. XI. Bishop Gaudentius said: Those things which you have wholesomely provided as fitting, and pleasing both in the estimation of all and to God, can retain this firmness if fear be joined to this sentence. For we ourselves know that very often, on account of the impudence of a few, the religious and priestly name has been reproached. If, therefore, anyone, striving against the judgment of all, should wish to please ambition rather than God, he ought to know that, when the matter has been investigated, he will lose his honor and dignity:

and this can finally be accomplished if each one of us who is stationed along the highway, when he sees a bishop traveling, inquires about his journey, examines his reasons, and learns whither he is bound; and if indeed he finds him going to the court, let him also inquire into that which was determined above, whether perhaps he has been invited, so that permission to go may be granted him. But if, as your holiness mentioned above, he is going to the court on account of desires and ambitions, let him not be subscribed in his letters, nor be received into communion. If it please you, this ought to be confirmed by the judgment of all. All said that this constitution was honorable and pleased them. On those who are ignorant of what has been determined in the synod. XII.

Bishop Osius said: But moderation also is necessary, dearly beloved brethren, lest some, not yet knowing what has been decreed in the synod, should suddenly come to those cities which are along the highway. The bishop of that city ought therefore to admonish and instruct him, and let him send his deacon from that place, while he himself, having been admonished, should return to his own parish. That laymen are not to be rashly made bishops. XIII. Bishop Osius said:

And I judge this also necessary, that you should treat it most diligently: if perhaps a rich man, or an advocate from the forum, or someone from public administration has been requested as bishop, he should not be ordained until he has discharged both the office of reader and the office of deacon or presbyter, so that through the individual grades, if he is worthy, he may ascend to the summit of the episcopate. For through these promotions, which will certainly require a lengthy time, it can be proved of what faith he is, of what modesty, of what gravity and reverence.

And if he has been proved worthy, let him be honored with the divine priesthood, because it is not fitting, nor does reason or discipline permit, that a bishop, or presbyter, or deacon be ordained rashly and lightly, especially since the Apostle, the teacher of the Gentiles, is seen to have warned and forbidden that this should be done, but rather those whose life has been examined over a long time and whose merits have been approved. How long a bishop may stay in another city. XIV. Bishop Osius said: And this also you ought to establish: that when one comes from one city to another city, or from his own province to another province, and, serving ambition rather than devotion, wishes to reside for a long time in another city.

For it perhaps happens that the bishop of the place is not so well-instructed nor so learned, while he who arrives begins to despise him and frequently to preach, so as to dishonor and weaken that man's person, so that from this occasion he does not hesitate to abandon the Church assigned to him and to pass over to another's. Determine therefore a time, because both not to receive a bishop is inhuman, and if he stays longer it is pernicious: provision must therefore be made that this does not happen. I remember, moreover, that in a former council our brethren established that if any layman in the city in which he dwells should not attend the assembly for three Sundays, that is, for three weeks, he should be deprived of communion.

If these things have been established concerning laymen, much more is it neither lawful nor fitting for a bishop, if there be no necessity so grave as detains him, to be absent from his Church beyond the time written above. All said it pleased them. That it not be lawful for a bishop to be absent from his Church more than three weeks. XV. Bishop Osius said: Because nothing ought to be omitted, there are certain brethren and fellow-bishops of ours who do not reside in the city in which they are seen to have been established as bishops, or who indeed have but a small property there, while elsewhere they are known to have suitable estates, or the affection of relatives whom they would indulge:

thus far it is fitting that they be permitted to go to their possessions and dispose or arrange the fruit of their labor, so that after the three Sundays, that is after three weeks, if it is necessary to stay, they should rather stay on their own estates. Or if there is a nearby city in which there is a presbyter, lest he seem to keep the Lord's Day without a church, let him go there, so that neither may his domestic affairs suffer detriment through his absence, nor, by frequently coming to the city in which the bishop resides, may he incur the suspicion of boasting and ambition. All said it pleased them. That clerics removed from communion are not to be received by another bishop. XVI. Bishop Osius said: