This [penalty] is something unheard of and horrible, that he should not be deemed worthyof communion even at the hour of death; for it is a provision found nowhere else imposed by any canon, nor inflicted upon any sin.
Van Espen.
The Greek author Aristenus [in the above remarks] probably has not erred from the truth when he asserts that to no crime was this penalty attached, if he refers to the Eastern Churches; for Morinus himself (in the xixth chapter of the ixth book, De Penitentia), confesses that this penalty was never attached to any crime among the Easterns: nevertheless in some Churches in the first ages the three crimes of idolatry, murder, and adultery were thus punished: that is, that to those who admitted any one of these, reconciliation was denied even at his death, "and this," says Morinus, "I think no one can deny, who is at all versed in the testimony of the ancients on this point."
Hefele.
The addition in the Latin text, qui sinceram fidem non habent, is found both in Dionysius Exiguus and in Isidore and the Prisca , and its meaning is as follows: "In a town, some few, especially those who have not the true faith, can be easily bribed to demand this or that person as bishop." The Fathers of Sardica plainly had here in view the Arians and their adherents, who, through such like machinations, when they had gained over, if only a small party in a town, sought to press into the bishoprics. The Synod of Antioch moreover, in 341, although the Eusebians, properly speaking, were dominant there, had laid down in the twenty-first canon a similar, only less severe, rule.
This canon is found in the Corpus Juris Canonici , Raymond's Decretales, cap. if, De electione, but with the noteworthy addition "unless he shall have repented." These words do not occur in the other Latin versions, and Hefele thinks them to have been added by Raymond of Pennaforte.
Canon III.
(Greek.)
Bishop Hosius said: This also it is necessary to add,-that no bishop pass from his own province to another province in which there are bishops, unless indeed he be called by his brethren, that we seem not to close the gates of charity.
And this case likewise is to be provided for, that if in any province a bishop has some matter against his brother and fellow-bishop, neither of the two should call in as arbiters bishops from another province.
But if perchance sentence be given against a bishop in any matter and he supposes his case to be not unsound but good, in order that the question may be reopened, let us, if it seem good to your charity, honour the memory of Peter the Apostle, and let those who gave judgment write to Julius, the bishop of Rome, so that, if necessary, the case may be retried by the bishops of the neighbouring provinces and let him appoint arbiters; but if it cannot be shown that his case is of such a sort as to need a new trial, let the judgment once given not be annulled, but stand good as before. (Latin.)
Bishop Hosius said: This also it is necessary to add,-that bishops shall not pass from their own province to another province in which there are bishops, unless perchance upon invitation from their brethren, that we seem not to close the door of charity.
But if in any province a bishop have a matter in dispute against his brother bishop, one of the two shall not call in as judge a bishop from another province.
But if judgment, have gone against a bishop in any cause, and he think that he has a good case, in order that the question may be reopened, let us, if it be your pleasure, honour the memory of St. Peter the Apostle, and let those who tried the case write to Julius, the bishop of Rome, and if he shall judge that the case should be retried, let that be done, and let him appoint judges; but if he shall find that the case is of such a sort that the former decision need not be disturbed, what he has decreed shall be confirmed. Is this the pleasure of all? The synod answered, It is our pleasure.
Notes.
Ancient Epitome OF Canon
No bishop, unless called thereto, shall pass to another city. Moreover a bishop of the province who is engaged in any litigation shall not appeal to outside bishops. But if Rome hears the cause, even outsiders may be present.
Van Espen.
According to the reading of Dionysius and Isidore, as well as of the Greeks, Balsamon, Zonaras and Aristenus, as also of Hervetus the provision is that bishops of one province shall not pass to another in which there are Not bishops.
Zonaras.
Not only are bishops prohibited from changing their cities, and passing from a smaller to a larger one, but also from passing from one province to another in which there are bishops, for the sake of doing any ecclesiastical work there unless they are called by the bishops of that province.
On the phrase "if it pleases you" the following from St. Athanasius is much to the point (cit. by Pusey, Councils, p. 143). "They [i.e., the Council of Nice] wrote concerning Easter, `t seemed good' as follows: for it did then seem good, that there should be a general compliance; but about the faith theywrote not `It seemed good,' but `Thus believes the Catholic Church' ; and thereupon they confessed how the faith lay, in order to shew that their sentiments were not novel, but apostolic."
Tillemont.
This form is very strong to shew that it was a right which the Pope had not had hitherto.
Van Espen.