Canon XXIII.
IT shall not be lawful for a bishop, even at the close of life, to appoint another as successor to himself; and if any such thing should be done, the appointment shall be void. But the ecclesiastical law must be observed, that a bishop must not be appointed otherwise than by a synod and with tile judgment of the bishops, who have the authority to promote tile man who is worthy, after the falling asleep of him who has ceased from his labours.
Notes.
Ancient Epitome of Canon XXIII.
A dying bishop shall not appoint another bishop. But when he is dead a worthy successor shall be provided by a synod ofthose who have this power.
Nothing could be more important than the provision of this canon. It is evidently intended to prevent nepotism in every form, and to leave the appointment to the vacant see absolutely to the free choice of the Metropolitan and his synod. The history of the Church, and its present practice, is a curious commentary upon the ancient legislation, and the appointment of coadjutor bishops cure jure successionis, so common in later days, seems to be a somewhat ingenious way of escaping the force of the canon. Van Espen, however, reminds his readers of the most interesting case of St. Augustine of Hippo (which he himself narrates in his Epistle CCXIII.) of how he was chosen by his predecessor as bishop of Hippo, both he and the then bishop being ignorant of the fact that it was prohibited by the canons. And how when in his old age the people wished him to have one chosen bishop to help him till his death and to succeed him afterwards, he declined saying: "What was worthy of blame in my own case, shall not be a blot likewise upon my son." He did not hesitate to say who he thought most worthy to succeed him, but he added, "he shall be a presbyter, as he is, and when God so wills he shall be a bishop." Van Espen adds; "All this should be read carefully that thence may be learned how St. Augustine set an example to bishops and pastors of taking all the pains possible that after their deaths true pastors, and not thieves and wolves, should enter into their flocks, who in a short time would destroy all they had accomplished by so much labour in so long a time." (Cf. Eusebius. H. E. , Lib. VI., cap. xj. and car. xxxij.)
Compare Apostolic Canon number LXXVI.
This canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa VIII., Quaest. I., can. III., in Dionysius's version, and again Canon IV. in that of Martin Bracarensis.
Canon XXIV.
IT is right that what belongs to the Church be preserved with all care to the Church, with a good conscience and faith in God, the inspector and judge of all. And these things ought to be administered under the judgment and authority of the bishop, who is entrusted with the whole people and with the souls of the congregation. But it should be manifest what is church property, with the knowledge of the presbyters and deacons about him; so that these may know assuredly what things belong to the Church, and that nothing be concealed from them, in order that, when the bishop may happen to depart this life, the property belonging to the Church being well known, may not be embezzled nor lost, and in order that the private property of the bishop may not be disturbed on a pretence that it is part of the ecclesiastical goods. For it is just and well-pleasing to God and man that the private property of the bishop be bequeathed to whomsoever he will, but that for the Church be kept whatever belongs to the Church; so that neither the Church may suffer loss, nor the bishop be injured under pretext of the Church's interest, nor those who belong to him fall into lawsuits, and himself, after his death, be brought under reproach.
Notes.
Ancient Epitome of Canon XXIV.
All the clergy should be cognizant of ecclesiastical matters; so that when the bishop dies the Church may preserve her own goods; but what belongs to the bishop shall be disposed of according to his directions.
Van Espen.
This canon shews the early discipline according to which the presbyters and deacons of the episcopal city, who were said to be "about him" or to pertain to his chair, represented the senate of the church, who together with the bishop administered the church affairs, and, when the see was vacant, had the charge of it. All this Martin of Braga sets forth more clearly in his version, and I have treated of the matter at large in my work on Ecclesiastical Law, Pars I., Tit. viii., cap. i., where I have shewn that the Cathedral chapter succeeded to this senate of presbyters and deacons.
Compare with this canon Apostolical Canon XL.
This canon in a somewhat changed form is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa XII., Quaest. I., can. xx., and attributed to "Pope Martin's Council"; also compare with this the ensuing canon, number XXI.
Canon XXV.
Let the bishop have power over the funds of the Church, so as to dispense them with all piety and in the fear of God to all who need. And if there be occasion, let him take what he requires for his own necessary uses and those of his brethren sojourning with him, so that they may in no way lack, according to the divine Apostle, who says, "Having food and raiment, let us therewith be content." And if he shall not be content with these, but shall apply the funds to his own private uses, and not manage the revenues of the Church, or the rent of the farms, with the consent of the presbyters and deacons, but shall give the authority to his own domestics and kinsmen, or brothers, or sons, so that the accounts of the Church are secretly injured, he himself shall submit to an investigation by the synod of the province. But if, on the other hand, the bishop or his presbyters shall be defamed as appropriating to themselves what belongs to the Church, (whether from lands or any other ecclesiastical resources), so that the poor are oppressed, and accusation and infamy are brought upon the account and on those who so administer it, let them also be subject to correction, the holy synod determining what is right.
Notes.
Ancient Epitome of Canon XXV.
The bishop shall have power over ecclesiastical goods. But should he not be content with those things which are sufficient for him but shall alienate the goods and revenues of the church, without the advice of the clergy, penalties shall be I exacted from him in the presence of the synod. But if he has converted to his own uses what was given for the poor, of this also let him give an explanation to the synod.
Compare with this canon Apostolic Canon number XLI.
This Canon is found in the Corpus Juris Canonici , Gratian's Decretum , Pars II., Causa XII., Quaest I., can. XXIII. and with this should be compared canon XXII. immediately preceding.
At the end of this canon in Labbe's version of Dionysius we find these words added. "And thirty bishops signed who were gathered together at this Synod." Isidore Mercator has a still fuller text, viz.: "I, Eusebius, being present subscribe to all things constituted by this holy Synod. Theodore, Nicetas, Macedonius, Anatolius, Tarcodimantus, Aethe-reus, Narcissus, Eustachius, Hesychius, Mauricius, Paulus, and the rest, thirty bishops agreed and signed." Van Espen after noting that this addition is not found in the Greek, nor in Martin Bracarensis, adds "there is little probability that this clause is of the same antiquity as the canons."