Notes.
Ancient Epitome of Canon XX.
On account of ecclesiastical necessities the synod in every province shall meet twice a year, in the fourth week of Pentecost and on the tenth day of Hyperbereoeus.
Schelestratius (Cit. Van Espen).
The time fixed by the Council of Nice before Lent for the meeting of the synod was not received in the East, and the bishops kept on in the old custom of celebrating the council in the fourth week after Easter, for the time before Lent often presented the greatest difficulties for those in the far separated cities to come to the provincial metropolis.
Van Espen.
In this canon the decree of Nice in canon v. is renewed, but with this difference that the Nicene synod orders one synod to be held before Lent, but this synod that it should be held the fourth week after Easter.
It will be remembered that the whole period of the great fifty days from Easter to Whitsunday was known as "Pentecost."
Compare with this Apostolic Canon number XXXVII.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars I., Dist. XVIII., c. xv., attributed to a council held by Pope Martin. The Roman Correctors point out that this "Pope Martin" was a bishop of Braga (Bracarensis) from whose collection of the decrees of the Greek synods Gratian often quotes; the Correctors also note, "For bishops in old times were usually called Popes" (Antiquitus enim episcopi Papoe dicebantur).
Canon XXI.
A Bishop may not be translated from one parish to another, either intruding himself of his own suggestion, or under compulsion by the people, or by constraint of the bishops; but he shall remain in the Church to which he was allotted by God from the beginning, and shall not be translated from it, according to the decree formerly passed on the subject.
Notes.
Ancient Epitome of Canon XXI.
A bishop even if compelled by the people, and compelled by the bishops, must not be translated to another diocese.
See the treatment of the translation of bishops in the Excursus to canon xv. of Nice. Compare this canon with Apostolical Canon number xiv.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa VII., Quaest. I., can. xxv., from Isidore's version.
Canon XXII.
Let not a bishop go to a strange city, which is not subject to himself, nor into a district which does not belong to him, either to ordain any one, or to appoint presbyters or deacons to places within the jurisdiction of another bishop, unless with the consent of the proper bishop of the place. And if any one shall presume to do any such thing, the ordination shall be void, and he himself shall be punished by the synod.
Notes.
Ancient Epitome of Canon XXII.
A bishop shall not go from city to city ordaining people, except by the will of the bishop of the city: otherwise the ordination shall be without force, and he himself exposed to censure.
If we do not draw a rash conclusion, we should say that the interference of bishops in dioceses not their own, must have been very frequent in early days. This one synod enacted two canons (number XIII. and this present canon) on the subject. The same prohibition is found in canons XIV. and XXXV. of the Apostolic canons, in canon XV. of Nice, canon ij. of I. Constantinople and in many others. On account of the similarity of this canon to canon xiii. some have supposed it to be spurious, the enactment of some other synod, and this was the opinion of Godefrides Hermantius (Vita S. Athanasii, Lib. IV., cap. xij.) as well as of Alexander Natalis (Hist. Sec., IV., Dissert. xxv.). Van Espen, however, is of opinion that the two canons do not cover exactly the same ground, for he says Canon XIII. requires letters both from the Metropolitan and from the other bishops of the province, while this canon XXII. requires only the consent of the diocesan. He concludes that Canon XIII. refers to a diocese sede vacante, when the Metropolitan with the other bishops took care of the widowed church, but that Canon XXII. refers to a diocese with its own bishop, whose will is all that is needed for the performance of episcopal acts by another bishop. And this distinction Schelestratius makes still more evident by his discussion of the matter in his scholion on Canon XIII.
Compare with this canon of the Apostolic Canons number XXXV. also number XIV.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa IX., Quaest. II., can. vij., but in a form differing far from the Greek original, as the Roman Correctors point out; and even Gratian's present text is not as he wrote it, but amended.