Orthodox Forge

Council of Nicaea 325

The Canons of the 318 Holy Fathers Assembled in the City of Nice, in Bithynia.

Public domain. Source text.

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The first part after passing through “the great gates,” or doors of the building, was called the Narthex in Greek, and Færula in Latin, and was a narrow vestibule extending the whole width of the church. In this part, to which Jews and Gentiles, and in most places even heretics and schismatics were admitted, stood the Catechumens, and the Energumens or those afflicted with evil spirits, and the second class of penitents (the first mentioned in the Canon), who were called the ἀκοῶμενοι , audientes, or hearers. These were allowed to hear the Scriptures read, and the Sermon preached, but were obliged to depart before the celebration of the Divine Mysteries, with the Catechumens, and the others who went by the general name of hearers only. The second division, or main body of the church, was called the Naos or Nave. This was separated from the Narthex by rails of wood, with gates in the centre, which were called “the beautiful or royal gates. ” In the middle of the Nave, but rather toward the lower or entrance part of it, stood the Ambo, or reading-desk, the place for the readers and singers, to which they went up by steps, whence the name, Ambo. Before coming to the Ambo, in the lowest part of the Nave, and just after passing the royal gates, was the place for the third order of penitents, called in Greek γονυκλίνοντες , or ὑποπίπτοντες , and in Latin Genuflectentes or Prostrati, i. e. , kneelers or prostrators, because they were allowed to remain and join in certain prayers particularly made for them. Before going out they prostrated themselves to receive the imposition of the bishop’s hands with prayer. This class of penitents left with the Catechumens. In the other parts of the Nave stood the believers or faithful, i. e. , those persons who were in full communion with the Church, the men and women generally on opposite sides, though in some places the men were below, and the women in galleries above. Amongst these were the fourth class of penitents, who were called συνεστῶτες , consistentes, i. e. , co-standers, because they were allowed to stand with the faithful, and to remain and hear the prayers of the Church, after the Catechumens and the other penitents were dismissed, and to be present while the faithful offered and communicated, though they might not themselves make their offerings, nor partake of the Holy Communion. This class of penitents are frequently mentioned in the canons, as “communicating in prayers,” or “without the oblation;” and it was the last grade to be passed through previous to the being admitted again to full communion. The practice of “hearing mass” or “non-communicating attendance” clearly had its origin in this stage of discipline. At the upper end of the body of the church, and divided from it by rails which were called Cancelli, was that part which we now call the Chancel. This was anciently called by several names, as Bema or tribunal, from its being raised above the body of the church, and Sacrarium or Sanctuary. It was also called Apsis and Concha Bematis, from its semicircular end. In this part stood the Altar, or Holy Table (which names were indifferently used in the primitive Church), behind which, and against the wall of the chancel, was the Bishop’s throne, with the seats of the Presbyters on each side of it, called synthronus.

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On one side of the chancel was the repository for the sacred utensils and vestments, called the Diaconicum, and answering to our Vestry; and on the other the Prothesis, a side-table, or place, where the bread and wine were deposited before they were offered on the Altar. The gates in the chancel rail were called the holy gates, and none but the higher orders of the clergy, i. e. , Bishops, Priests, and Deacons, were allowed to enter within them. The Emperor indeed was permitted to do so for the purpose of making his offering at the Altar, but then he was obliged to retire immediately, and to receive the communion without. (Thomassin. Ancienne et Nouvelle Discipline de l’Eglise . Tom. I. Livre II. chap. xvj. somewhat abridged. ) In the West there existed always many cases of public penance, but in the East it is more difficult to find any traces of it, after it was abolished by the Patriarch Nectarius in the person of the Grand Penitentiary. However, the Emperor Alexis Comnenus, who took the empire in the year 1080, did a penance like that of older days, and one which may well pass for miraculous. He called together a large number of bishops with the patriarch, and some holy religious; he presented himself before them in the garb of a criminal; he confessed to them his crime of usurpation with all its circumstances. They condemned the Emperor and all his accomplices to fasting, to lying prostrate upon the earth, to wearing haircloth, and to all the other ordinary austerities of penance. Their wives desired to share their griefs and their sufferings, although they had had no share in their crime. The whole palace became a theatre of sorrow and public penance. The emperor wore the hairshirt under the purple, and lay upon the earth for forty days, having only a stone for a pillow. To all practical purposes Public Penance was a general institution but for a short while in the Church. But the reader must be careful to distinguish between this Public Penance and the private confession which in the Catholic Church both East and West is universally practised. What Nectarius did was to abolish the office of Penitentiary, whose duty it had been to assign public penance for secret sin; a thing wholly different from what Catholics understand by the “Sacrament of Penance. ” It would be out of place to do more in this place than to call the reader’s attention to the bare fact, and to supply him, from a Roman Catholic point of view, with an explanation of why Public Penance died out. “It came to an end because it was of human institution. But sacramental confession, being of divine origin, lasted when the penitential discipline had been changed, and continues to this day among the Greeks and Oriental sects. ” That the reader may judge of the absolute candour of the writer just quoted, I give a few sentences from the same article: “An opinion, however, did prevail to some extent in the middle ages, even among Catholics, that confession to God alone sufficed. The Council of Châlons in 813 (canon xxxiij. ), says: ‘Some assert that we should confess our sins to God alone, but some think that they should be confessed to the priest, each of which practices is followed not without great fruit in Holy Church. …Confession made to God purges sins, but that made to the priest teaches how they are to be purged.

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’ This former opinion is also mentioned without reprobation by Peter Lombard ( In Sentent . Lib. iv. dist. xvij. ). ”

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Canon XII. As many as were called by grace, and displayed the first zeal, having cast aside their military girdles, but afterwards returned, like dogs, to their own vomit, (so that some spent money and by means of gifts regained their military stations); let these, after they have passed the space of three years as hearers, be for ten years prostrators. But in all these cases it is necessary to examine well into their purpose and what their repentance appears to be like. For as many as give evidence of their conversions by deeds, and not pretence, with fear, and tears, and perseverance, and good works, when they have fulfilled their appointed time as hearers, may properly communicate in prayers; and after that the bishop may determine yet more favourably concerning them. But those who take [the matter] with indifference, and who think the form of [not] entering the Church is sufficient for their conversion, must fulfil the whole time. Notes. Ancient Epitome of Canon XII. Those who endured violence and were seen to have resisted, but who afterwards yielded to wickedness, and returned to the army, shall be excommunicated for ten years. But in every case the way in which they do their penance must be scrutinized. And if anyone who is doing penance shews himself zealous in its performance, the bishop shall treat him more leniently than had he been cold and indifferent. Lambert. The abuse of this power, namely, of granting under certain circumstances a relaxation in the penitential exercises enjoined by the canons—led, in later times, to the practice of commuting such exercises for money payments, etc. Hefele. In his last contests with Constantine, Licinius had made himself the representative of heathenism; so that the final issue of the war would not be the mere triumph of one of the two competitors, but the triumph or fall of Christianity or heathenism. Accordingly, a Christian who had in this war supported the cause of Licinius and of heathenism might be considered as a lapsus , even if he did not formally fall away. With much more reason might those Christians be treated as lapsi who, having conscientiously given up military service (this is meant by the soldier’s belt), afterwards retracted their resolution, and went so far as to give money and presents for the sake of readmission, on account of the numerous advantages which military service then afforded. It must not be forgotten that Licinius, as Zonaras and Eusebius relate, required from his soldiers a formal apostasy; compelled them, for example, to take part in the heathen sacrifices which were held in the camps, and dismissed from his service those who would not apostatize. Bright. This canon (which in the Prisca and the Isidorian version stands as part of canon 11) deals, like it, with cases which had arisen under the Eastern reign of Licinius, who having resolved to “purge his army of all ardent Christians” (Mason, Persec. of Diocl . p. 308), ordered his Christian officers to sacrifice to the gods on pain of being cashiered (compare Euseb. H. E. x. 8; Vit. Con. i. 54). It is to be observed here that military life as such was not deemed unchristian. The case of Cornelius was borne in mind. “We serve in your armies,” says Tertullian, Apol. 42 (although later, as a Montanist, he took a rigorist and fanatical view, De Cor. 11), and compare the fact which underlies the tale of the “Thundering Legion,”—the presence of Christians in the army of Marcus Aurelius.

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It was the heathenish adjuncts to their calling which often brought Christian soldiers to a stand (see Routh. Scr. Opusc. i. 410), as when Marinus’ succession to a centurionship was challenged on the ground that he could not sacrifice to the gods (Euseb. H. E. vii. 15). Sometimes, indeed, individual Christians thought like Maximilian in the Martyrology, who absolutely refused to enlist, and on being told by the proconsul that there were Christian soldiers in the imperial service, answered, “Ipsi sciunt quod ipsis expediat” (Ruinart, Act. Sanc. p. 341). But, says Bingham ( Antiq. xi. 5, 10), “the ancient canons did not condemn the military life as a vocation simply unlawful. …I believe there is no instance of any man being refused baptism merely because he was a soldier, unless some unlawful circumstance, such as idolatry, or the like, made the vocation sinful. ” After the victory of Constantine in the West, the Council of Arles excommunicated those who in time of peace “threw away their arms” (can. 2). In the case before us, some Christian officers had at first stood firm under the trial imposed on them by Licinius. They had been “called by grace” to an act of self-sacrifice (the phrase is one which St. Augustine might have used); and had shown “their eagerness at the outset” (“primum suum ardorem,” Dionysius; Philo and Evarestus more laxly, “primordia bona;” compare τὴν ἀγάπην σου τὴν πρώτην , Rev. ii. 4 ). Observe here how beautifully the ideas of grace and free will are harmonized. These men had responded to a Divine impulse: it might seem that they had committed themselves to a noble course: they had cast aside the “belts” which were their badge of office (compare the cases of Valentinian and Valens, Soc. iii. 13, and of Benevolus throwing down his belt at the feet of Justina, Soz. vii. 13). They had done, in fact, just what Auxentius, one of Licinius’ notaries, had done when, according to the graphic anecdote of Philostorgius ( Fragm. 5), his master bade him place a bunch of grapes before a statue of Bacchus in the palace-court; but their zeal, unlike his, proved to be too impulsive—they reconsidered their position, and illustrated the maxim that in morals second thoughts are not best (Butler, Serm. 7), by making unworthy attempts—in some cases by bribery—to recover what they had worthily resigned. (Observe the Grecised Latinism βενεφικίοις and compare the Latinisms of St. Mark, and others in Euseb. iii. 20, vi. 40, x. 5. ) This the Council describes in proverbial language, probably borrowed from 2 Pet. ii. 22 , but, it is needless to say, without intending to censure enlistment as such. They now desired to be received to penance: accordingly they were ordered to spend three years as Hearers, during which time “their purpose, and the nature ( εἶδος ) of their repentance” were to be carefully “examined. ” Again we see the earnest resolution of the Council to make discipline a moral reality, and to prevent it from being turned into a formal routine; to secure, as Rufinus’ abridgment expresses it, a repentance “fructuosam et attentam. ” If the penitents were found to have “manifested their conversion by deeds, and not in outward show ( σχήματι ), by awe, and tears, and patience, and good works” (such, for instance, Zonaras comments, as almsgiving according to ability), “it would be then reasonable to admit them to a participation in the prayers,” to the position of Consistentes, “with permission also to the bishop to come to a yet more indulgent resolution concerning them,” by admitting them to full communion.

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This discretionary power of the bishop to dispense with part of a penance-time is recognized in the fifth canon of Ancyra and the sixteenth of Chalcedon, and mentioned by Basil, Epist. 217, c. 74. It was the basis of “indulgences” in their original form (Bingham, xviii. 4, 9). But it was too possible that some at least of these lapsi might take the whole affair lightly, “with indifference” ἀδιαφόρως —not seriously enough, as Hervetas renders—just as if, in common parlance, it did not signify: the fourth Ancyrene canon speaks of lapsi who partook of the idol-feast ἀδιαφόρως as if it involved them in no sin (see below on Eph. 5 , Chalc. 4). It was possible that they might “deem” the outward form of “entering the church” to stand in the narthex among the Hearers (here, as in c. 8, 19, σχῆμα denotes an external visible fact) sufficient to entitle them to the character of converted penitents, while their conduct out of church was utterly lacking in seriousness and self-humiliation. In that case there could be no question of shortening their penance time, for they were not in a state to benefit by indulgence: it would be, as the Roman Presbyters wrote to Cyprian, and as he himself wrote to his own church, a “mere covering over of the wound” ( Epist. 30, 3), an “injury” rather than “a kindness” ( De Lapsis , 16); they must therefore “by all means” go through ten years as Kneelers, before they can become Consistentes. There is great difficulty about the last phrase and Gelasius of Cyzicus, the Prisca , Dionysius Exiguus, the pseudo-Isidore, Zonaras and most others have considered the “not” an interpolation. I do not see how dropping the “not” makes the meaning materially clearer.

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Canon XIII. Concerning the departing, the ancient canonical law is still to be maintained, to wit, that, if any man be at the point of death, he must not be deprived of the last and most indispensable Viaticum. But, if any one should be restored to health again who has received the communion when his life was despaired of, let him remain among those who communicate in prayers only. But in general, and in the case of any dying person whatsoever asking to receive the Eucharist, let the Bishop, after examination made, give it him. Notes. Ancient Epitome of Canon XIII. The dying are to be communicated. But if any such get well, he must be placed in the number of those who share in the prayers, and with these only. Van Espen. It cannot be denied that antiquity used the name “Viaticum” not only to denote the Eucharist which was given to the dying, but also to denote the reconciliation, and imposition of penance, and in general, everything that could be conducive to the happy death of the person concerned, and this has been shown by Aubespine ( lib. 1, Obs. cap. ii.). But while this is so, the more usual sense of the word is the Eucharist. For this cannot be denied that the faithful of the first ages of the Church looked upon the Eucharist as the complement of Christian perfection, and as the last seal of hope and salvation. It was for this reason that at the beginning of life, after baptism and confirmation, the Eucharist was given even to infants, and at the close of life the Eucharist followed reconciliation and extreme unction, so that properly and literally it could be styled “the last Viaticum.” Moreover for penitents it was considered especially necessary that through it they might return to the peace of the Church; for perfect peace is given by that very communion of the Eucharist. [A number of instances are then cited, and various ancient versions of the canon.] Balsamon and Zonaras also understand the canon as I have done, as is evident from their commentaries, and so did Josephus Ægyptius, who in his Arabic Paraphrase gives the canon this title: “Concerning him who is excommunicated and has committed some deadly sin, and desires the Eucharist to be granted to him.” This canon is found in the Corpus Juris Canonici , Gratian, Decretum Pars. II. causa xxvi, Quæs. VI., c. ix.

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Excursus on the Communion of the Sick. There is nothing upon which the ancient church more strenuously insisted than the oral reception of the Holy Communion. What in later times was known as “Spiritual Communion” was outside of the view of those early days; and to them the issues of eternity were considered often to rest upon the sick man’s receiving with his mouth “his food for the journey,” the Viaticum, before he died. No greater proof of how important this matter was deemed could be found than the present canon, which provides that even the stern and invariable canons of the public penance are to give way before the awful necessity of fortifying the soul in the last hour of its earthly sojourn. Possibly at first the holy Sacrament may have been consecrated in the presence of the sick person, but of this in early times the instances are rare and by no means clear. In fact it was considered a marked favour that such a thing should be allowed, and the saying of mass in private houses was prohibited (as it is in the Eastern and Latin churches still to-day) with the greatest rigour. The necessity of having the consecrated bread and wine for the sick led to their reservation, a practice which has existed in the Church from the very beginning, so far as any records of which we are in possession shew. St. Justin Martyr, writing less than a half century after St. John’s death, mentions that “the deacons communicate each of those present, and carry away to the absent the blest bread, and wine and water. ” It was evidently a long established custom in his day. Tertullian tells us of a woman whose husband was a heathen and who was allowed to keep the Holy Sacrament in her house that she might receive every morning before other food. St. Cyprian also gives a most interesting example of reservation. In his treatise “On the Lapsed” written in a. d. 251, (chapter xxvi), he says: “Another woman, when she tried with unworthy hands to open her box, in which was the Holy of the Lord, was deterred from daring to touch it by fire rising from it. ” It is impossible with any accuracy to fix the date, but certainly before the year four hundred, a perpetual reservation for the sick was made in the churches. A most interesting incidental proof of this is found in the thrilling description given by St. Chrysostom of the great riot in Constantinople in the year 403, when the soldiers “burst into the place where the Holy Things were stored, and saw all things therein,” and “the most holy blood of Christ was spilled upon their clothes. ” From this incident it is evident that in that church the Holy Sacrament was reserved in both kinds, and separately. Whether this at the time was usual it is hard to say, but there can be no doubt that even in the earliest times the Sacrament was given, on rare occasions at least, in one kind, sometimes under the form of bread alone, and when the sick persons could not swallow under the form of wine alone. The practice called “intinction,” that is the dipping of the bread into the wine and administering the two species together, was of very early introduction and still is universal in the East, not only when Communion is given with the reserved Sacrament, but also when the people are communicated in the Liturgy from the newly consecrated species.

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The first mention of intinction in the West, is at Carthage in the fifth century. We know it was practised in the seventh century and by the twelfth it had become general, to give place to the withdrawal of the chalice altogether in the West. “Regino ( De Eccles. Discip. Lib. I. c. lxx. ) in 906, Burchard ( Decr. Lib. V. cap. ix. fol. 95. colon. 1560. ) in 996, and Ivo ( Decr. Pars. II. cap. xix. p. 56, Paris 1647) in 1092 all cite a Canon, which they ascribe to a council of Tours ordering ‘every presbyter to have a pyx or vessel meet for so great a sacrament, in which the Body of the Lord may be carefully laid up for the Viaticum to those departing from this world, which sacred oblation ought to be steeped in the Blood of Christ that the presbyter may be able to say truthfully to the sick man, The Body and Blood of the Lord avail thee, etc. ’” The reservation of the Holy Sacrament was usually made in the church itself, and the learned W. E. Scudamore is of opinion that this was the case in Africa as early as the fourth century. It will not be uninteresting to quote in this connection the “Apostolic Constitutions,” for while indeed there is much doubt of the date of the Eighth Book, yet it is certainly of great antiquity. Here we read, “and after the communion of both men and women, the deacons take what remains and place it in the tabernacle. ” Perhaps it may not be amiss before closing the remark that so far as we are aware the reservation of the Holy Sacrament in the early church was only for the purposes of communion, and that the churches of the East reserve it to the present day only for this purpose. Those who wish to read the matter treated of more at length, can do so in Muratorius’s learned “Dissertations” which are prefixed to his edition of the Roman Sacramentaries (chapter XXIV) and in Scudamore’s Notitia Eucharistica , a work which can be absolutely relied upon for the accuracy of its facts, however little one may feel constrained to accept the logical justness of its conclusions.

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Canon XIV. Concerning catechumens who have lapsed, the holy and great Synod has decreed that, after they have passed three years only as hearers, they shall pray with the catechumens. Notes. Ancient Epitome of Canon XIV. If any of the catechumens shall have fallen for three years he shall be a hearer only, and then let him pray with the catechumens. Justellus. The people formerly were divided into three classes in the church, for there were catechumens, faithful, and penitents; but it is clear from the present canon there were two kinds of catechumens: one consisting of those who heard the Word of God, and wished to become Christians, but had not yet desired baptism; these were called “hearers. ” Others who were of long standing, and were properly trained in the faith, and desired baptism—these were called “competentes. ” There is difference of opinion among the learned as to whether there was not a third or even a fourth class of catechumens. Bingham and Card. Bona, while not agreeing in particular points, agree in affirming that there were more than two classes. Bingham’s first class are those not allowed to enter the church, the ἐξωθούμενοι , but the affirmation of the existence of such a class rests only on a very forced explanation of canon five of Neocæsarea. The second class, the hearers, audientes, rests on better evidence. These were not allowed to stay while the Holy Mysteries were celebrated, and their expulsion gave rise to the distinction between the “Mass of the Catechumens” ( Missa Catechumenorum ) and the “Mass of the Faithful” ( Missa Fidelium ). Nor were they suffered to hear the Creed or the Our Father. Writers who multiply the classes insert here some who knelt and prayed, called Prostrati or Genuflectentes (the same name as was given to one of the grades of penitence). (Edw. H. Plumptre in Dict. Christ. Antiq. s. v. Catechumens. ) After these stages had been traversed each with its appropriate instruction, the catechumens gave in their names as applicants for baptism, and were known accordingly as Competentes ( συναιτοῦντες ). This was done commonly at the beginning of the Quadragesimal fast, and the instruction, carried on through the whole of that period, was fuller and more public in its nature (Cyril Hieros. Catech. i. 5; Hieron. Ep. 61, ad Pammach . c. 4). To catechumens in this stage the great articles of the Creed, the nature of the Sacraments, the penitential discipline of the Church, were explained, as in the Catechetical Lectures of Cyril of Jerusalem, with dogmatic precision. Special examinations and inquiries into character were made at intervals during the forty days. It was a time for fasting and watching and prayer ( Const. Apost. viii. 5; 4 C. Carth. c. 85; Tertull. De Bapt. c. 20; Cyril. l. c. ) and, in the case of those who were married, of the strictest continence (August. De fide et oper. v. 8). Those who passed through the ordeal were known as the perfectiores ( τελειώτεροι ), the electi , or in the nomenclature of the Eastern Church as βαπτιζόμενοι or φωτιζόμενοι , the present participle being used of course with a future or gerundial sense. Their names were inscribed as such in the album or register of the church. They were taught, but not till a few days before their baptism, the Creed and the Lord’s Prayer which they were to use after it. The periods for this registration varied, naturally enough, in different churches. At Jerusalem it was done on the second (Cyril. Catech. iii.

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), in Africa on the fourth Sunday in Lent (August. Serm. 213), and this was the time at which the candidate, if so disposed, might lay aside his old heathen or Jewish name and take one more specifically Christian (Socrat. H. E. vii. 21). …It is only necessary to notice here that the Sacramentum Catechumenorum of which Augustine speaks ( De Peccat. Merit. ii. 26) as given apparently at or about the time of their first admission by imposition of hands, was probably the εὐλογίαι or panis benedictus , and not, as Bingham and Augusti maintain, the salt which was given with milk and honey after baptism.

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Canon XV. On account of the great disturbance and discords that occur, it is decreed that the custom prevailing in certain places contrary to the Canon, must wholly be done away; so that neither bishop, presbyter, nor deacon shall pass from city to city. And if any one, after this decree of the holy and great Synod, shall attempt any such thing, or continue in any such course, his proceedings shall be utterly void, and he shall be restored to the Church for which he was ordained bishop or presbyter. Notes. Ancient Epitome of Canon XV. Neither bishop, presbyter, nor deacon shall pass from city to city. But they shall be sent back, should they attempt to do so, to the Churches in which they were ordained. Hefele. The translation of a bishop, priest, or deacon from one church to another, had already been forbidden in the primitive Church. Nevertheless, several translations had taken place, and even at the Council of Nice several eminent men were present who had left their first bishoprics to take others: thus Eusebius, Bishop of Nicomedia, had been before Bishop of Berytus; Eustathius, Bishop of Antioch, had been before Bishop of Berrhœa in Syria. The Council of Nice thought it necessary to forbid in future these translations, and to declare them invalid. The chief reason of this prohibition was found in the irregularities and disputes occasioned by such change of sees; but even if such practical difficulties had not arisen, the whole doctrinal idea, so to speak, of the relationship between a cleric and the church to which he had been ordained, namely, the contracting of a mystical marriage between them, would be opposed to any translation or change. In 341 the Synod of Antioch renewed, in its twenty-first canon, the prohibition passed by the Council of Nice; but the interest of the Church often rendered it necessary to make exceptions, as happened in the case of St. Chrysostom. These exceptional cases increased almost immediately after the holding of the Council of Nice, so that in 382, St. Gregory of Nazianzum considered this law among those which had long been abrogated by custom. It was more strictly observed in the Latin Church; and even Gregory’s contemporary, Pope Damasus, declared himself decidedly in favour of the rule of Nice. This canon is found in the Corpus Juris Canonici . Decretum , Pars II. Causa VII, Q. 1, c. xix.

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Excursus on the Translation of Bishops. There are few points upon which the discipline of the Church has so completely changed as that which regulated, or rather which forbade, the translation of a bishop from the see for which he was consecrated to some other diocese. The grounds on which such prohibition rested were usually that such changes were the outcome of ambition, and that if tolerated the result would be that smaller and less important sees would be despised, and that there would be a constant temptation to the bishops of such sees to make themselves popular with the important persons in other dioceses with the hope of promotion. Besides this objection to translation, St. Athanasius mentions a spiritual one, that the diocese was the bishop’s bride, and that to desert it and take another was an act of unjustifiable divorce, and subsequent adultery. Canon XIV. of the Apostolic Canons does not forbid the practice absolutely, but allows it for just cause, and although the Council of Nice is more stringent so far as its words are concerned, apparently forbidding translation under any circumstances, yet, as a matter of fact, that very council did allow and approve a translation. The general feeling, however, of the early Church was certainly very strong against all such changes of Episcopal cure, and there can be no doubt that the chief reason why St. Gregory Nazianzen resigned the Presidency of the First Council of Constantinople, was because he had been translated from his obscure see Sasima (not Nazianzum as Socrates and Jerome say) to the Imperial City. From the canons of some provincial councils, and especially from those of the Third and of the Fourth Council of Carthage, it is evident that despite the conciliar and papal prohibitions, translations did take place, being made by the authority of the provincial Synods, and without the consent of the pope, but it is also evident that this authority was too weak, and that the aid of the secular power had often to be invoked. This course, of having the matter decided by the synod, was exactly in accordance with the Apostolic Canon (no. xiv. ). In this manner, for example, Alexander was translated from Cappadocia to Jerusalem, a translation made, so it is narrated, in obedience to heavenly revelation. It will be noticed that the Nicene Canon does not forbid Provincial Councils to translate bishops, but forbids bishops to translate themselves, and the author of the tract De Translationibus in the Jus Orient . (i. 293, Cit . Haddon. Art. “Bishop,” Smith and Cheetham, Dict. Chr. Antiq . ) sums up the matter tersely in the statement that ἡ μετάβασις κεκώλυται, οὐ μὴν ἥ μετάθεσις : i. e. , the thing prohibited is “transmigration” (which arises from the bishop himself, from selfish motives) not “translation” (wherein the will of God and the good of the Church is the ruling cause); the “going,” not the “being taken” to another see. And this was the practice both of East and West, for many centuries. Roman Catholic writers have tried to prove that translations, at least to the chief sees, required the papal consent, but Thomassinus, considering the case of St. Meletius having translated St. Gregory of Nazianzum to Constantinople, admits that in so doing he “would only have followed the example of many great bishops of the first ages, when usage had not yet reserved translations to the first see of the Church.

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” But the same learned author frankly confesses that in France, Spain, and England, translations were made until the ninth century without consulting the pope at all, by bishops and kings. When, however, from grounds of simple ambition, Anthimus was translated from Trebizonde to Constantinople, the religious of the city wrote to the pope, as also did the patriarchs of Antioch and Jerusalem, and as a result the Emperor Justinian allowed Anthimus to be deposed. Balsamon distinguishes three kinds of translations. The first, when a bishop of marked learning and of equal piety is forced by a council to pass from a small diocese to one far greater where he will be able to do the Church the most important services, as was the case when St. Gregory of Nazianzum was transferred from Sasima to Constantinople, μετάθεσις ; the second when a bishop, whose see has been laid low by the barbarians, is transferred to another see which is vacant, μετάβασις ; and the third when a bishop, either having or lacking a see, seizes on a bishopric which is vacant, on his own proper authority ἀνάβασις . It is this last which the Council of Sardica punishes so severely. In all these remarks of Balsamon there is no mention of the imperial power. Demetrius Chomatenus, however, who was Archbishop of Thessalonica, and wrote a series of answers to Cabasilas, Archbishop of Durazzo, says that by the command of the Emperor a bishop, elected and confirmed, and even ready to be ordained for a diocese, may be forced to take the charge of another one which is more important, and where his services will be incomparably more useful to the public. Thus we read in the Book of Eastern Law that “If a Metropolitan with his synod, moved by a praiseworthy cause and probable pretext, shall give his approbation to the translation of a bishop, this can, without doubt, be done, for the good of souls and for the better administration of the church’s affairs, etc. ” This was adopted at a synod held by the patriarch Manuel at Constantinople, in the presence of the imperial commissioners. The same thing appears also in the synodal response of the patriarch Michael, which only demands for translation the authority of the Metropolitan and “the greatest authority of the Church. ” But, soon after this, translation became the rule, and not the exception both in East and West. It was in vain that Simeon, Archbishop of Thessalonica, in the East raised his voice against the constant translations made by the secular power, and the Emperors of Constantinople were often absolute masters of the choice and translations of bishops; and Thomassinus sums up the matter, “At the least we are forced to the conclusion that no translations could be made without the consent of the Emperor, especially when it was the See of Constantinople that was to be filled. ” The same learned writer continues: “It was usually the bishop or archbishop of another church that was chosen to ascend the patriarchal throne of the imperial city. The Kings of England often used this same power to appoint to the Primatial See of Canterbury a bishop already approved in the government of another diocese. ” In the West, Cardinal Bellarmine disapproved the prevailing custom of translations and protested against it to his master, Pope Clement VIII. , reminding him that they were contrary to the canons and contrary to the usage of the Ancient Church, except in cases of necessity and of great gain to the Church.

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The pope entirely agreed with these wise observations, and promised that he would himself make, and would urge princes to make, translations only “with difficulty. ” But translations are made universally, all the world over, today, and no attention whatever is paid to the ancient canons and discipline of the Church.

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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 ( συνιερουργεῖν ) 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.

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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.

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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.

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” 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 fœnus 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.

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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 ( ἱεροσυλία ), 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.

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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.

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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.

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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 ὅρος ἐκτέθειται , viz. “a decree has now been made,” is clear from the application of the words ὅρος in Canon xvii. , and ὥρισεν , 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 χειροθεσία 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 διακόνων , instead of διακονισσῶν .

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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, ᾽Εμνήσθημεν δὲ διακονισσῶν τῶν ἐν τῷ σχήματι ἐξετασθεισῶν, ἐπεὶ κ. τ. λ . Hefele’s translation seems to me impossible, by σχήματι he understands the list of the clergy just mentioned.

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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 Phœbe as being a διάκονος 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 διακόνισσαι, πρεσβυτίδες (which must be distinguished from the πρεσβυτέραι , a poor class referred to in the Apostolic Constitutions (ii. 28) who are to be only invited frequently to the love-feasts, while the πρεσβυτίδες had a definite allotment of the offerings assigned to their support), χῆραι , 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 ( παρθένος ἁγνὴ ) 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.

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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 ( τάγμα ), 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 πρεσβύτιδες ( 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. )

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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.

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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.

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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.

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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.