That they who cast contumely upon clerics because they have been ordained in the church without bringing a gift with them, are to be published with a fine.
IT is a sin unto death when men incorrigibly continue in their sin, but they sin more deeply, who proudly lifting themselves up oppose piety and sincerity, accounting mammon of more worth than obedience to God, and caring nothing for his canonical precepts. The Lord God is not found among such, unless, perchance, having been humbled by their own fall, they return to a sober mind. It behoves them the rather to turn to God with a contrite heart and to pray for forgiveness and pardon of so grave a sin, and no longer to boast in an unholy gift. For the Lord is nigh unto them that are of a contrite heart. With regard, therefore, to those who pride themselves that because of their benefactions of gold they were ordained in the Church, and resting confidently in this evil custom (so alien from God and inconsistent with the whole priesthood), with a proud look and open mouth vilify with abusive words those who on account of the strictness of their life were chosen by the Holy Ghost and have been ordained without any gift of money, we decree in the first place that they take the lowest place in their order; but if they do not amend let them be subjected to a fine. But if it appear that any one has done this [i.e., given money], at any time as a price for ordination, let him be dealt with according to the Apostolic Canon which says: "If a bishop has obtained possession of his dignity by means of money (the same rule applies also to a presbyter or deacon) let him be deposed and also the one who ordained him, and let him also be altogether cut off from communion, even as Simon Magus was by me Peter." To the same effect is the second canon of our holy fathers of Chalcedon, which says: If any bishop gives ordination in return for money, and puts up for sale that which cannot be sold, and ordains for money a bishop or chorepiscopus, or presbyter, or deacon, or any other of those who are reckoned among the clergy; or who for money shall appoint anyone to the office of oeconomus, advocate, or paramonarius; or, in a word, who hath done anything else contrary to the canon, for the sake of filthy lucre-he who hath undertaken to do anything of this sort, having been convicted, shall be in danger of losing his degree. And he who has been ordained shall derive no advantage from the ordination or promotion thus negotiated; but let him remain a stranger to the dignity and responsibility which he attained by means of money. And if any one shall appear to have acted as a go-between in so shameful and godless a traffic, lie also, if he be a cleric, shall be removed from his degree; if he be a layman or a monk, let him be excommunicated.
Notes.
Ancient Epitome of Canon V.
It seems that such as glory in the fact that they owe their position to their liberality in gold to the Church, and who contemn those who were chosen because of their virtue and were appointed without any largess, should receive the lowest place in their order. And should they continue in their ways, let them be punished. But those who made such gifts so as to get ordinations, let such be cast forth from communion, as Simon Magus was by Peter.
Hefele.
Zonaras and Balsamon in earlier times, and later Christian Lupus and Van Espen, remarked that the second part of this canon treats of simony, but not the first. This has in view rather those who, on account of their large expenditure on churches and the poor, have been raised, without simony, to the clerical estate as a reward and recognition of their beneficence; and being proud of this, now depreciate other clergymen who were unable or unwilling to make such foundations and the like.
Canon VI.
Concerning the homing of a local Synod at the time appointed.
Since there is a canon which says, twice a year in each province, the canonical enquiries shall be made in the gatherings of the bishops; but because of the inconveniences which those who thus came together had to undergo in travelling, the holy fathers of the Sixth Council decreed that once each year, without regard to place or excuse which might be urged, a council should be held and the things which are amiss corrected. This canon we now renew. And if any prince be found hindering this being carried out, let him be excommunicated. But if any of the metropolitans shall take no care that this be done, he being free from constraint or fear or other reasonable excuse, let him be subjected to the canonical penalties. While the council is engaged in considering the canons or matters which have regard to the Gospel, it behoves the assembled Bishops, with all attention and grave thought to guard the divine and life-giving commandments of God, for in keeping of them there is great reward; because our lamp is the commandment, and our light is the law, and trial and discipline are the way of life, and the commandment of the Lord shining afar giveth light to the eyes. It is not permitted to a metropolitan to demand any of those things which the bishops bring with them, whether it be a horse or any other gift.If he be convicted of doing anything of this sort, he shall restore fourfold.
Notes.
Ancient Epitome of Canon VI.
Whenever it is not possible for a synod to meet according to the decree formulated long ago, twice in each year, at least let it be held once, as seemed good to the Sixth Synod. Should any magistrate forbid such meeting, let him be cast out: and a bishop who shall take no pains to assemble it, shall be subject to punishment. And when the synod is held, should it appear that the Metropolitan has taken anything away from any bishop, let him restore four-fold.
Hefele.
Anastasius remarks on this, that this ordinance (whether the whole canon or only its last passage must remain undecided) was not accepted by the Latins. That this canon did not forbid the so-called Synodicum, which the metropolitans had lawfully to receive from the bishops, and the bishops from the priests, is remarked by Van Espen, 1. c. p. 464.
Compare with this (as Balsamon advises) the eighth canon of the Council in Trullo.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars I., Dist. XVIII., C. vij.
Canon VII.
That to churches consecrated without any deposit of the reliques of the Saints, the defect should be made good.
Paul the divine Apostle says: "The sins of some are open beforehand, and some they follow after." These are their primary sins, and other sins follow these. Accordingly upon the heels of the heresy of the traducers of the Christians, there followed close other ungodliness. For as they took out of the churches the presence of the venerable images, so likewise they cast aside other customs which we must now revive and maintain in accordance with the written and unwritten law. We decree therefore that relics shall be placed with the accustomed service in as many of the sacred temples as have been consecrated without the relics of the Martyrs. And if any bishop from this time forward is found consecrating a temple without holy relics, he shall be deposed, as a transgressor of the ecclesiastical traditions.
Notes.
Ancient Epitome of Canon VII.
Let reliques of the Holy Martyrs be placed in such churches as have been consecrated without them, and this with the accustomed prayers. But whoever shall consecrate a church without these shall be deposed as a transgressor of the traditions of the Church.Balsamon,
But someone may be surprised that oratories to-day are consecrated without any deposition of reliques. And they may ask why the Divine Liturgy is not celebrated in them by bishops and not by priests only. The answer is that the superaltars ( antimensia ) which are made by the bishops when a church is consecrated, suffice oratories in lieu of consecration or enthronement when they are sent to them, on the occasion of their dedication or opening. They are called antimensia because they are in place of, and are antitypes of those many like tables which furnish thoroughly the holy Lord's table.
On the rite of consecrating churches with reliques see Cardinal Bona. (De Rebus Lit., Lib. I., cap. xix.)