Notes.
Ancient Epitome of Canon VIII.
Any clergyman is an almshouse or monastery must submit himself to the authority of the bishop of the city. But he who rebels against this let him pay the penalty.
Van Espen.
From this canon we learn that the synod of Chalcedon willed that all who were in charge of such pious institutions should be subject to the bishop, and in making this decree the synod only followed the tradition of the Fathers and Canons. Although in its first part the canon only mentions "clergymen,"yet in the second part monks are named, and, as Balsamon and Zonoras point out, both are included.
Bright.
What a ptwxei=on was may be seen from what Gibbon calls the "noble and charitable foundation, almost a new city" (iii. 252), established by St. Basil at a little distance from Caesarea, and called in consequence the Basiliad. Gregory Nazianzen describes it as a large set of buildings with rooms for the sick, especially for lepers, and also for house-less travellers; "a storehouse of piety, where disease was borne philosophically, and sympathy was tested" ( Orat. , xliii., 63, compare Basil himself, Epist., xciv., on its staff of nurses and physicians and cl., 3). Sozomen calls it "a most celebrated resting-place for the poor," and names Prapidius as having been its warden while acting as "bishop over many villages" (vi. 34, see on Nic., viii.). Another ptwxotrofei=on is mentioned by Basil (Epist., cxliij.) as governed by a chorepiscopus.
St. Chrysostom, on coming to the see of Constantinople, ordered the excess of episcopal expenditure to be transferred to the hospital for the sick ( nosokomei/on ), and "founded other such hospitals setting over them two pious presbyters, with physicians and cooks. . . .so that foreigners arriving in the city, on being attacked by disease, might receive aid,both because it was a good work in itself, and for the glory of the Saviour" (Palladius, Dial. , p. 19). At Ephesus Bassian founded a ptwxei=ton with seventy pallets for the sick (Mansi, vii., 277), and there were several such houses in Egypt ( ib. , vi., 1013; in the next century there was a hospital for the sick at Daphne near Antioch (Evagr., iv., 35). "The tradition of the holy fathers" is here cited as barring any claim on the part of clerics officiating in these institutions, or in monasteries or martyries, to be exempt from the jurisdiction of the ordinary. They are to "abide under it," and not to indulge selfwill by"turning restive" against their bishop's authority" ( a0fhnia/zw is literally to get the bit between the teeth, and is used by Aetius for "not choosing to obey," Mansi, vii., 72). Those who dare to violate this clearly defined rule ( diatupwsin , comp. tupoj in Nic., xix.), and to refuse subjection to their own bishop, are, if clerics, to incur canonical censure, if monks or laics, to be excommunicated. The allusion to laics points to laymen as founders or benefactors of such institutions.
This canon is found in the Corpus JurisCanonici, Gratian's Decretum , Pars II., CausaXVIII., Q. II., canon x.,3.
Canon IX.
IF any Clergyman have a matter against another clergyman, he shall not forsake his bishop and run to secular courts; but let him first lay open the matter before his own Bishop, or let the matter be submitted to any person whom each of the parties may, with the Bishop's consent, select. And if any one shall contravene these decrees, let him be subjected to canonical penalties. And if a clergyman have a complaint against his own or any other bishop, let it be decided by the synod of the province. And if a bishop or clergyman should have a difference with the metropolitan of the province, let him have recourse to the Exarch of the Diocese, or to the throne of the Imperial City of Constantinople, and there let it be tried.
Notes.
Ancient Epitome of Canon IX.
Litigious clerics shall be punished according to canon, if they despise the episcopal and resort to the secular tribunal. When a cleric has a contention with a bishop let him wait till the synod sits, and if a bishop have a contention with his metropolitan let him carry the case toConstantinople.
Johnson.
Let the reader observe that here is a greater privilege given by a General Council to the see of Constantinople than ever was given by any council, even that of Sardica, to the bishop of Rome, viz., that any bishop or clergyman might at the first instance bring his cause before the bishop of Constantinople if the defendant were a metropolitan.
Hefele.
That our canon would refer not merely the ecclesiastical, but the civil differences of the clergy, in the first case, to the bishop, is beyond a doubt. And it comes out as clearly from the word proteron (= at first) that it does not absolutely exclude a reference to the secular judges, but regards it as allowable only when the first attempt at an adjustment of the controversy by the bishop has miscarried. Thiswas quite clearly recognized by Justinian in his 123d Novel, c. 21: "If any one has a case against a cleric, or a monk, or a deaconess, or a nun, or an ascetic, he shall first make application to the bishop of his opponent, and he shall decide. If both parties are satisfied with his decision, it shall then becarried into effect by the imperial judge of the locality. If, however, one of the contending parties lodges an appeal against the bishop's judgment within ten days, then the imperial judge of the locality shall decide the matter. There is no doubt that the expression "Exarch" employed in our canon, and alsoin canon 17, means, in the first place, those superior metropolitans who have several ecclesiastical provinces under them. Whether, however, the great patriarchs, properly so called, are to be included under it, may be doubted. The Emperor Justinian, in c. 22 of his Novel just quoted (l. c.) in our text has, without further explanation, substituted the expression Patriarch for Exarch, and in the same way the commentator Aristenus has declared both terms to be identical adding that only the Patriarch of Constantinople has the privilege of having a metropolitan tried before him who does not belong to his patriarchate, but is subject to another patriarch. In the same way our canon was understood by Beveridge. Van Espen, on the contrary, thinks that the Synod had here in view only the exarchs in file narrower sense (of Ephesus, Caesarea), but not the Patriarchs, properly so called, of Rome, Alexandria, Antioch, and Jerusalem, as it would be too great a violation of the ancient canons, particularly of the 6thof Nicaea, to have set aside the proper patriarch and have allowed an appeal to the Bishop of Constantinople (with this Zonaras also agrees in his explanation of canon 17). Least of all, however, would the Synod have made such a rule for the West, i.e., have allowed that any one should set aside the Patriarch of Rome and appeal to the Patriarch of Constantinople, since they themselves, in canon 28, assigned the first place in rank to Rome.
It appears to me that neither Beveridge, etc., nor Van Espen are fully in the right, while each is partially so. With Van Espen we must assume that our Synod, in drawing up this canon, had in view only the Greek Church, and not the Latin as well, particularly as neither the papal legates nor any Latin bishop whatever was present at the drawing up of these canons. On the other hand, Beveridge is also right in maintaining that the Synod made no distinction between the patriarchs proper and the exarchs (such a distinction must otherwise have been indicated in the text), and allowed that quarrels which should arise among the bishops of other patriarchates might be tried at Constantinople. Only that Beveridge ought to have excepted the West and Rome.The strange part of our canon may be explained in the following manner. There were always many bishops at Constantinople fromthe most different places, who came there to lay their contentions and the like before the Emperor. The latter frequently referred the decision to the bishop of Constantinople, who then, in union with the then present bishops from the most different provinces, held a "Home Synod" and gave the sentence required at this. Thus gradually the practicewas formed of controversies being decided by bishops of other patriarchates or exarchates at Constantinople, to the setting aside of the proper superior metropolitan, an example of which we have seen in that famous Synod of Constantinople, a.d. 448, at which the case of Eutyches was the first time brought forward.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa XI., Q.I., canon xlvj.
Canon X.
IT shall not be lawful for a clergyman to be at the same time enrolled in the churches of two cities, that is, in the church in which he was at first ordained, and in another to which, because it is greater, he has removed from lust of empty honour. And those who do so shall be returned to their own church in which they were originally ordained, and there only shall they minister. But if any one has heretofore been removed from one church to another, he shall not intermeddle with the affairs of his former church, nor with the martyries, almshouses, and hostels belonging to it. And if, after the decree of this great and ecumenical Synod, any shall dare to do any of these things now forbidden, the synod decrees that he shall be degraded from his rank.
Notes.
Ancient Epitome of Canon X.
No cleric shall be recorded on the clergy-list ofthe churches of two cities. But if he shall have strayed forth, let him be returned to his former place. But if he has been transferred, let him have no share in the affairs of his former church.