Ancient Epitome of Canon III.
If any cleric leaves his own parish and goes off to another, travelling here and there, and stays for a long time in that other, let him not offer the sacrifice ( leitourgei/tw ), especially if he do not return when called by his own bishop. But if he perseveres in his insolence let him be deposed, neither afterwards let him have any flower to return. And if any bishop shall receive him thus deposed, he shall be punished by the Common Synod for breach of the ecclesiastical laws.
Compare with Canons of the Apostles xv. and xvi.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa VII., Quaest. I., Can. xxiv.
Canon IV.
IF any bishop who has been deposed by a synod, or any presbyter or deacon who has been deposed by his bishop shall presume to execute any part of the ministry, whether it be a bishop according to his former custom, or a presbyter, or a deacon, he shall no longer have any prospect of restoration in another Synod; nor any opportunity of making his defence; but they who communicate with him shall all be cast out of the Church, and particularly if they have presumed to communicate with the persons aforementioned, knowing the sentence pronounced against them.
Notes.
Ancient Epitome of Canon IV.
If a bishop deposed by a synod shall dare to celebrate the liturgy, let him have no chance of return.
This canon derives its chief interest from the fact that it is usually considered to have been adopted at the instigation of the party opposed to St. Athanasius and that afterwards it was used against St. Chrysostom. But while such may have been the secret reason why some voted for it and others prized it, it must be remembered that its provision is identical with that of the Apostolic Canons, and that it was read at the Council of Chalcedon as Canon eighty-three. Remi Ceillier (Histoire GenHistoire Gnoeral des Autheurs, p. 659) tries to prove that this is not the canon which St. Chrysostom and his friends rejected, but Hefele thinks his position "altogether untenable" (Hist. of the Councils, Vol. II., p. (62, n. 1), and refers to Tillemont (Memories, p. 329, Sur les Arians, and Fuchs' B ib. der Kirchenversammlungen, P. II., p. 59. )
Compare Apostolic Canon xxviij.
This canon is found twice in the Juris Corpus Canonici, Gratian's Decretum , Pars II., Causa XI., Quaest. III., Can. vj., and Can. vij. in the version of Martin Bracarensis. This version is very interesting as expanding the phrase "to execute any part of the ministry" into "to make the oblation, or to perform the morning or evening sacrifice as though he were in office just as before, etc."
Canon V.
IF any presbyter or deacon, despising this own bishop, has separated himself from the Church, and gathered a private assembly, and set up an altar; and if, when summoned by Iris bishop, he shall refuse to be persuaded and will not obey, even though he summon him a first and a second time, let such an one be wholly deposed and have no further remedy, neither be capable of regaining his rank. And if he persist in troubling and disturbing the Church, let him be corrected, as a seditious person, by the civil power.
Notes.
Ancient Epitome of Canon V.
Any presbyter or deacon who spurns his bishop, and withdraws from him, and sets up another altar, if after being thrice called by the bishop, he shall persist in his arrogancy, let him be deposed and be deprived of all hope of restoration.
It will be noted that the Ancient Epitome mentions three warnings, and the canon only two. The epitome in this evidently follows the Apostolical Canon, number thirty-one. It is somewhat curious that Aristenus in commenting on this canon does not note the discrepancy.
Van Espen.
This canon, together with the preceding was read from the Code of Canons at the Council of Chalcedon, at the Fourth Session in connexion with the ease of Carosus and Dorothoeus, and of other monks who adhered to them. And a sentence in accordance with them was conceived in these words against those who would not obey the Council in the condemnation of Eutyches, "Let them know that they together with the monks who are with them, are deprived of grade, and of all dignity, and of communion, as well as he, so that they cease to preside over their monasteries: and if they attempt to escape, this holy and universal great council decrees the same punishment shall attach to them, that is to say the external authority, according to the divine and holy laws of the Fathers, shall carry out the sentence passed against the contumacious."
This canon shews that monks and clerics who were rebellious were sometimes coerced by the Secular Power, when the ecclesiastical power was not sufficient to coerce them, and hence it was that the secular arm was called in.Compare with this Apostolic Canon XXXI.
The last clause of this canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II. Causa XI., Quaest VIII. Can. vii. (The Latin however for "by the civil power" is, as is pointed out by the Roman Correctors, per forasticam potestatem or per forasticam potestatem.
Canon VI.
IF any one has been excommunicated by his own bishop, let him not be received by others until he has either been restored by his own bishop, or until, when a synod is held, he shall have appeared and made his defence, and, having convinced the synod, shall have received a different sentence. And let this decree apply to the laity, and to presbyters and deacons, and all who are enrolled in the clergy-list.
Notes.